Flying Phoenix Best Game Booster - Increase FPS
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Flying Phoenix
Flying Phoenix Best Game Booster - Increase FPS
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1.1 Thank you for your interest in and use of our Game Booster - Increase FPS Application ( the“ Application” or the “App”), and the content contained or accessible therein (the "Services") Bohdan Bilazin, Kyiv, Aviakonstructora Antonova 4b, office 103 03186 ("we", "us", or "our") provides these Services to you ("you" or "your"), subject to the terms contained in this Terms of Use (this "Agreement" ot Terms). This Agreement is a binding legal agreement between you and we. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.
1.2 Game Booster - Increase FPS this accelerator application, we have made the interface and settings more convenient. Now you can speed up not only games but also accelerate other applications to optimize the phone’s performance. Thanks to this game booster application, your gadget will work like new.
2.1 In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction . You hereby affirmatively represent that
2.1.1 you are at least the 16 years old age;
2.1.2 you have the consent of your parent(s) to use the Services if you are under 16 years old age;
2.1.3 you have all the applicable rights and authority to be bound with the terms herein;
2.1.4 you have read, understood and agreed to be bound by this Agreement.
2.2 If you are not at least 16 years old age and do not have parental consent to use our Services, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.
2.3 To use the functionality of our Application, you must download it from Google Play®. To learn more, visit the page and read the Google Play Terms of Service.
2.4 To get the full access to the functionality of the Application, you need to grant the Application an access to the following functions of your device:
2.4.1 view Wi-Fi connections;
2.4.2 update component usage statistics;
2.4.3 view network connections;
2.4.4 pair with Bluetooth devices;
2.4.5 access Bluetooth settings;
2.4.6 change network connectivity;
2.4.7 connect and disconnect from Wi-Fi;
2.4.8 measure app storage space;
2.4.9 full network access;
2.4.10 close other apps;
2.4.11 run at startup;
2.4.12 prevent device from sleeping;
2.4.13 modify system settings;
2.4.14 toggle sync on and off.
2.5 If you refuse to provide the access to the functions of your device on the Application request, it may cause some Application features to appear unavailable.
3.1 Our privacy policy explains the data we collect, use, store and process while you use and access our Services. By using our Services, you have to read, understand and agree with the terms of our privacy policy (Privacy Notice), and you agree that we may use your data in accordance with the terms of our Privacy Policy.
4.1 We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on the App. Your continued use of the Services after our provision of the notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to or cannot comply with the Agreement as amended, you must stop using the Services.
5.1 Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), We hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services in an Authorized Jurisdiction, and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties.
5.2 Any other use not authorized herein or by us in writing, is strictly prohibited and is a violation of this Agreement. We may revoke and/or terminate the foregoing license with respect to any aspect of the Services any time, for any and for no reason.
6.1 In addition to any other restrictions set forth in this Terms, and without limiting those restrictions, when using the App, you agree not to (and not to attempt to):
6.1.1 make unauthorized copies of any content made available on or through the App;
6.1.2 use any device, software or routine to interfere or attempt to interfere with the proper working of the App, or any activity conducted on the App;
6.1.3 attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the App;
6.1.4 frame or link to any of the materials or information available on the App;
6.1.5 alter, deface, mutilate or otherwise bypass any approved software through which the Appis made available;
6.1.6 access, tamper with or use non-public areas of the Service, App computer systems and infrastructure or the technical delivery systems of App's providers;
6.1.7 use the App, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
6.1.8 gain unauthorized access to the App, to other Users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
6.1.9 interfere with or disrupt the App, networks or servers connected to the App or violate the regulations, policies or procedures of those networks or servers; or
6.1.10 violate any applicable federal, state or local laws or regulations or the terms of these Terms.
7.1 The App may contain links to or the ability to share information with third party websites ("External Sites"). We do not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon are developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. We are not responsible for the content of any External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that Wewill have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
8.1 Marks. App's trademarks, service marks and logos used and displayed on the App are registered and unregistered trademarks or service marks. Other product and service names located on the App may be trademarks or service marks owned by third parties (the "Third-Party Trademarks). Except as otherwise permitted by law, you may not use the Trademarks to our disparage or the applicable third-party, Our or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without our prior express written consent.
8.2 Restrictions. We hereby reserve all rights not expressly granted to you in this Section. Accordingly, nothing in this Terms or on the App will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the App or any of our content or Trademarks located or displayed therein.
9.1 TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
10.1 The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, resources and other content or items belonging to or originating from third parties (“Third-Party Content”).
10.2 Consideration of, connecting to, or allowing the use or establishment of any Third-Party Websites or any Third-Party Content doesn't infer endorsement or underwriting thereof by us. By using Third-Party Websites, you acknowledge and agree that Application is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at Third-Party Websites. In the event you choose to leave the Application and access the Third-Party Websites or to use or introduce any Third-Party Content, you do as such at your own danger, and you ought to know these Terms of Use presently don't oversee such connections.
10.3 You should survey the relevant terms and arrangements, including protection and information gathering rehearses, of any site to which you explore from the Application or identify with any Applications you use or introduce from the Application. Any buys you make through Third-Party Websites will be through different sites and from different organizations, and we assume no liability at all comparable to such buys which are solely among you and the material outsider. Application does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Websites or for any other materials, products, or services of third parties. Application is not responsible for the contents of, updates to, or privacy practices of third parties operating Third-Party Websites. The personal information you choose to give to such third parties is not covered by our privacy policies. You agree that you use Third-Party Websites at your sole risk. We highly recommend you review and familiarize yourself with the terms of use and privacy policies of all Third-Party Websites prior to using them.
10.4 You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
10.5 We may allow th5. e Advertisers to display their advertisements and other information (Adv. content) in certain areas of the Application, such as sidebar advertisements, banner advertisements or widget advertisement - Internal advertisement. We simply provide the virtual space for the Advertisers to place such advertisements, and we have no other relationship with Advertisers. We expressly disclaim any warranties or other representations regarding the Advertiser`s Adv. content. Please note if the Adv. content contains links to other websites and resources (also provided by Advertisers or the third parties), these links are provided without our control. We do not control the content of these sites or resources and are not responsible for them or for any loss or damage that may result from your use of them. If you use such links, you do so entirely at your own risk and subject to the terms of use, privacy policies of such Advertisers or other third parties.
10.6 Internal advertisements are generated and published by advertising networks, e.g. AdMob.
11.1 As consideration for the Subscription provided to the Subscriber, the Subscriber must pay fees in accordance with the Subscription Offer selected by User. The Subscriber may do this on the Application, in which case his/her purchase of the Subscription will be the subject to Google Play Terms of Use, available here. Please note that in some countries the prices displayed to customers must be equal to the amount paid at the time of payment. This means that all taxes (including VAT) must be included in the price. However, we, unfortunately, cannot provide you with tax advice. Please contact your tax advisor to find out how taxes may affect you and your Application Subscription payments. You can read more about it at the link.
11.2 For the avoidance of doubt, a Subscribers’ use of Subscription purchased on the Application will still be subject to these Terms of Use. Please note that purchases made via the Application will automatically renew at the end of the subscription period. The subscription can be canceled any time by logging in to your Google Play Account ® settings. For more details, please, use this link.
11.3 After the Subscription purchasing, the Subscriber will receive the additional options and settings on the Application, such as:
11.3.1 No ads;
11.3.2 Optimize all applications;
11.3.3 Personal settings;
11.3.4 Phone optimization.
11.4 The list of above-mentioned options may be updated from time to time by us.
11.5 As a Subscriber who purchases the Subscription, you hereby authorize us to bill you via your preferred payment method, details of which you provide with your Google Play Account ®, for the applicable fee in advance on the date of Subscription purchasing and each anniversary or other subscription period thereafter for the duration of your account.
12.1 THIS APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APPLICATION, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED IN IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APPLICATION, THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR SOLE RISK. WE CANNOT AND DOES NOT REPRESENT OR GUARANTEE THAT ANY OF THE INFORMATION AVAILABLE THROUGH OUR SERVICES OR ON THE APPLICATION IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS.
12.2 WE MAKE NO WARRANTY AND ASSUME NO OBLIGATION OR LIABILITY FOR SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT OF THIRD PARTIES. YOUR USE OF ANY THIRD-PARTY SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW EXCEPT AS EXPRESSLY SET FORTH HEREIN. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE THIRD PARTY’S LINKS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE THIRD PARTY’S CONTENT OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A THIRD PARTY OR THEIR PRODUCTS OR SERVICES. WE DO NOT GUARANTEE THAT THE THIRD PARTY WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
12.3 IN NO EVENT WE WILL BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE APPLICATION, ITS FUNCTIONS, LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE OF OUR CONTROL.
12.4 IN NO EVENT WE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/ DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO US FOR SUBSCRIPTION DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
12.5 The functioning of the Application is designed so that we engage various Ad Partners' whose advertising you may receive when using the Application. As for us, we inform you that all advertisements sent in connection with the use of the Application must contain an appropriate link to opt out of receiving them. At the same time, we declare that we are not the direct senders of such ads and cannot guarantee the possibility of opting out of them. Therefore, the responsibility for the compliance of advertising with legal requirements lies solely on the Ad Partners' as a third party. Advertising Partners agree not to rely on our approval of an advertising partner's advertising for compliance with the applicable law and not to make any claim that such advertising partner complies with the applicable based on our approval.
13.1 These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of Ukraine. Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of Ukraine.
14.1 Severability: Even if a court finds any section of the Terms invalid or unenforceable, the rest of the Terms still apply.
14.2 No Waiver: Even if we do not enforce (or we delay enforcement) of the Terms against you, we have not waived our enforcement rights.
15.1 You may reach out for any reason. To make it, please contact us at [email protected] by sending the email.