End User License Agreement
You represent and warrant that you thereby acknowledge and agree that you have read, understood, and agree to be bound by the terms of this End-User License Agreement (the “EULA”) in full.
If you do not agree to this EULA, then you must not Use the Game. The above does not affect your rights in the event of the Game being defective.
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to QOVAQ LLC.
QOVAQ LLC is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The A Mars Journey: Redturtle app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your device and access to the app secure. Not doing so, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your device vulnerable to malware/viruses/malicious programs, compromise your device's security features and it could mean that the A Mars Journey: Redturtle app won’t work properly or at all.
You should be aware that there are certain things that QOVAQ LLC will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but QOVAQ LLC cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, QOVAQ LLC cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, QOVAQ LLC cannot accept responsibility
With respect to QOVAQ LLC’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. QOVAQ LLC accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. QOVAQ LLC does not promise that it will always update the app so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
You are not permitted:
(a) to load the Game on to a network server for the purposes of distribution to one or more other device(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA and to the extent expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Game or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Game or any part thereof in any way
Intellectual Property Rights
You acknowledge that all ownership rights, intellectual property, trade secret and all other proprietary rights in the Game and the Online Features (including, without limitation, any computer code, themes, objects characters, character names, stories, locations, concepts, artwork, storylines, likenesses, moral rights, structural or landscape designs, self-generated levels created using the Game editor, musical compositions, dialogue, or any other content protected by UK or international intellectual property protection laws) are owned or licensed by QOVAQ LLC., that rights in the Game are licensed rather than sold to you (subject to the license granted in clause 2), and that you have no rights in or to the Game or the Online Features other than the right to Use them strictly in accordance with the terms of this EULA.
You acknowledge that you shall acquire no proprietary rights in past or stored gameplay, Game progress, character or other achievements within the Game.
You acknowledge that you have no right to access the Game in source code form.
Health and Safety Warning
You use the content at your own risk when accessing the content using a virtual reality device or 3D headset (“Headset”) and you hereby represent and warrant that you have read the warnings provided by the manufacturer of the Headset carefully before using the Headset to reduce the risk of personal injury, discomfort or property damage. You hereby represent and warrant that you have read and follow all setup and operating instructions provided with the Headset and that the Headset should be configured for each individual user by using the configuration software provided by the Headset manufacturer before using the content or starting the Game. We recommend seeing a doctor before using a Headset if you are pregnant, elderly, have pre-existing binocular vision abnormalities or psychiatric disorders, or suffer from a heart condition or other serious medical condition. A small number of users may be susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns. Such individuals may experience a seizure while watching certain images or playing a video game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, please consult a medical professional and take all necessary precautions prior to playing the Game.
If you experience any of the following symptoms while playing any video game: dizziness, eye or muscle twitches, loss of consciousness, disorientation, convulsions, involuntary movements, discontinue use of that video game immediately and consult a medical professional.
The Game is controlled and operated by QOVAQ LLC. in the State of California, United States of America. QOVAQ LLC. makes no representations or warranties, either express or implied, that the Game and other materials available through the Game are appropriate, legally permissible or available for use in other locations. Those who choose to access the Game from other locations do so at their own risk and are responsible for compliance with all federal, state and local laws.
Whether or not you use the Game inside the United States of America, you agree to abide by any applicable export control laws and not to transfer, by electronic transmission or otherwise, any User Generated Content, software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
Changes to This Terms and Conditions
We may update our EULA from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new EULA on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about our EULA, do not hesitate to contact us.