Terms of Use: OliBoli's Twinkle Town

1. Agreement

These Terms of Use ("Terms") are an agreement between you and OliBoli Games ("we", "us") about the OliBoli's Twinkle Town app (the "App") and the oliboli.games website (the "Site"). By downloading, installing or using the App or the Site, you agree to these Terms. If a child uses the App, the parent or guardian who allows that use agrees to these Terms for them. If you do not agree, please do not use the App or the Site.

2. Your license

We give you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for personal, non-commercial use, under the rules of the app store you got it from. You may not copy, sell, rent, modify, reverse engineer or redistribute the App or its art, music, voices or stories, except where the law allows it regardless of this restriction. All rights not expressly granted are reserved. The App, its characters (including Charlotte), art, audio and text are owned by OliBoli Games.

3. App store terms

You must also follow the terms of the store you downloaded from. If you downloaded the App from the Apple App Store, Apple's Licensed Application End User License Agreement applies, and you agree that:

these Terms are between you and OliBoli Games only, not Apple, and Apple is not responsible for the App or its content;
Apple has no obligation to provide maintenance or support for the App;
if the App fails to meet any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for it; to the maximum extent permitted by law, Apple has no other warranty obligation for the App;
Apple is not responsible for any claims by you or anyone else relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection or privacy claims;
if anyone claims the App infringes their intellectual property, OliBoli Games, not Apple, is responsible for dealing with that claim;
you are not located in a country subject to a U.S. Government embargo or listed on a U.S. Government list of prohibited or restricted parties; and
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play and Amazon Appstore downloads are also subject to those stores' terms of service.

4. Parents and supervision

The App is designed for young children and is meant to be set up by a parent or guardian. Parents are responsible for deciding whether the App suits their child, for supervising device use, and for the settings in the Grown-ups area (such as bedtime and play-time limits). The learning games are for fun practice and are not a substitute for school, tutoring or professional advice of any kind.

5. Your saved game

Game progress and pictures are saved only on your device. We cannot see, back up or recover them. They may be lost if the App is uninstalled, the device is reset, lost or damaged, or "Start over" is used. We are not responsible for the loss of saved game data.

6. Disclaimer of warranties

THE APP AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, WORK ON EVERY DEVICE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OLIBOLI GAMES AND ITS OWNER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, DEVICE DAMAGE, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THE APP OR THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP OR THE SITE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP OR US$10. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, SUCH AS LIABILITY FOR FRAUD OR, WHERE APPLICABLE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

8. Safe use

Like any screen game, the App can include flashing sparkles, gentle vibration and sounds. Take breaks, keep the device at a comfortable distance, and stop playing and consult a doctor if a child feels unwell. The App's bedtime and play-time limits can help.

9. Changes and ending

We may update the App or these Terms from time to time; the effective date above shows the latest version, and continued use after a change means you accept it. We may stop offering the App at any time. You can stop using the App at any time by uninstalling it.

10. Governing law

These Terms are governed by the laws of the State of Maine, United States, without regard to conflict-of-law rules, except where the consumer protection laws of your home country or state give you rights that cannot be waived. If any part of these Terms is found unenforceable, the rest stays in effect.

11. Privacy

Our Privacy Policy explains how we handle information. In short: the App collects none.

12. Contact

OliBoli Games, Maine, United States. Email support@oliboli.games.