EATL Apps Terms of Service : 1. Introduction

Applicable Terms
By using digital content on EATL Apps, you agree to the following terms, in addition to the EATL Terms of Service ("EATL ToS") and the EATL Apps Business and Program Policies all of which together are the "Terms". If there is any conflict between the following terms and the EATL ToS, the following terms shall prevail. EATL's provision of EATL Apps and the services described in these Terms is a "Service" as defined in the EATL ToS. These Terms apply to the provision of digital content from EATL Apps. Separate terms here apply to sales of devices from the EATL Apps store.
Access to Products
You may use EATL Apps to browse, locate, and/or download Products (defined as data files, applications, written text, mobile device software, music, audio files or other sounds, photographs, videos or other images) for your mobile, computer or other supported device ("Device"). Some of these Products may be offered by EATL while others may be made available by third-parties not affiliated with EATL. You agree that EATL is not responsible for any Product on EATL Apps that originates from a source other than EATL.
Age Restrictions
In order to use EATL Apps you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian's permission to use EATL Apps. You must not access EATL Apps or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Products under the laws of the country in which you are resident or from which you access or use EATL Apps.

2. EATL's provision of EATL Apps

Payment Processing
EATL may make available to you various payment processing methods to facilitate the purchase of Products from EATL Apps. You must abide by any relevant terms and conditions or other legal agreement, whether with EATL or a third party, that governs your use of a given payment processing method. EATL may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Products that you order and that EATL may charge your credit card or other form of payment that you indicate for any Products ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on EATL Apps.
Pricing
For sales as both principal or agent, EATL displays the pricing for Products on EATL Apps. Pricing and availability of all Products are subject to change at any time.
Taxes
You are responsible for any Taxes, and must pay EATL for Products without any reduction for Taxes. If EATL is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide EATL with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to EATL, you must provide EATL with an official tax receipt or other appropriate documentation to support such payments. "Taxes" means any duties, customs fees, or taxes (other than EATL's income tax) associated with the sale of Products, including any related penalties or interest.

3. Your Use of EATL Apps

Basic Use Requirements
To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Product, which may change from time to time, working Internet access, and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.
Third-Party Fees
You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of Products and EATL Apps. For instance, you may incur such fees if you use services provided through EATL Apps on or through third-party services or devices. You are responsible for all such fees.
Updates
You may need to install updates to EATL Apps or related EATL software that we introduce from time to time to use EATL Apps and to access or download Products. Products originating from EATL may communicate with EATL servers from time to time to check for available updates to the Products and to the functionality of EATL Apps, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By using the EATL Apps store and installing these Products, you agree to such automatically requested and received Updates.
Information about You
In order to access certain services in EATL Apps, you may be required to provide information about yourself such as your name, address, and billing details. EATL's privacy policies explain how we treat your personal data and protect your privacy when using EATL Apps. You agree that any such information you provide to EATL will always be accurate, correct and up to date.
Unauthorized Access to Accounts
You must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of EATL Apps, including account names. .
Disabled Accounts
If EATL disables access to your account, you may be prevented from accessing EATL Apps, your account details or any files or other Products that are stored with your account.
Eligibility for Carrier Billing
In order to determine your eligibility to have purchases of Products that you make through your mobile Devices billed to your mobile network provider's account, when you create a EATL Apps account on a Device we will send identifiers of your Device, subscriber ID and SIM card serial number to your network provider. To permit this you will need to accept the network provider's terms of service. The network provider may send us your billing address information to help us create your EATL Apps account. We will hold and use this information in accordance with EATL's privacy policies.

4. Purchases and Payments

Free Products
EATL may allow you to download or use Products free of charge. Any terms and conditions that apply to purchased Products will apply to free Products, except with respect to payment-related matters (for example, the refund-related provisions of these Terms do not apply to such free Products). EATL may impose limitations on your access and use of certain free Products.
Pre-orders of Products
When you place a pre-order for a Product, your contract for the purchase and use of that item is completed when the Product becomes available in your account, and you are not able to withdraw from the contract after that point.
Purchase of Products
When you buy a Product, your contract for the purchase and use of that item is completed once you click the button indicating that your purchase is complete and you are not able to withdraw from the contract after that point.
Product Purchases are Services
When you purchase a Product, you are buying a service. Performance of this service begins as soon as the purchase is complete, as the Product will then be available to you through your account.
Direct, Agency and App Sales
When you buy Products from EATL Apps you will buy them either:
(a) directly from EATL (which is referred to as "EATL", "we", "our", or "us" in these Terms) (a "Direct Sale");
(b) from the provider of the Product (the "Provider"), where EATL is acting as agent for the Provider (an "Agency Sale"); or
(c) in the case of Android apps, from the Provider of the app (an "App Sale").
Each time that you purchase a Product, you enter into a contract based on these Terms with: EATL in relation to the use of EATL Apps and (in the case of a Direct Sale) the purchase of that Product; and also (in the case of Agency Sales and App Sales) with the Provider of the Product you have purchased.
All Sales Final. Except as expressly set forth in these Terms or other EATL Apps policies, all sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Product that you acquired through that transaction. Your rights to cancel or return purchases and get a refund are set out in the additional terms for the relevant Product type below and related policies.

5. Subscriptions

Free Trials of Apps
Subscribing to a free trial for an Android app gives you access to the subscription benefits for that app for a duration specified by the application developer. At the end of the trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to any subscription privileges.
Cancellations
If you purchase an auto-recurring periodic subscription (whether monthly, annual or another period) to a Product, you may cancel that subscription at any time before the end of the applicable billing cycle, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period. You will continue to receive issues and updates of the relevant subscription during the remainder of the current billing period, and your access to these will not be affected by the cancellation.
Price Changes
When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the Provider later increases the price of the subscription, EATL will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due.
Declining Price Changes
If you do not wish to pay the increased price for a subscription, you may cancel the subscription in the manner described in the EATL Apps help center and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. In some cases where the Provider increases the price of a subscription EATL may cancel your subscription unless you agree to re-subscribe at the new price. If your subscription is cancelled and you later decide to re-subscribe, you will initially be charged at the then current subscription rate.

6. Rights and Restrictions

License to Use Products
Following payment of the applicable fees for a Product, you will have the non-exclusive right, for the period selected by you in the case of a purchase for a rental period, and in other cases for as long as EATL and the applicable copyright holder have rights to provide you that Product, to download or stream, in each case, solely as expressly permitted by EATL via the Play user interface and subject to the restrictions set forth in these Terms and associated policies, copies of the applicable Product to your Devices, and to view, use, and display the Product on your Devices or as otherwise authorized by EATL as part of the Service for your personal, non-commercial use only. All rights, title and interest in EATL Apps and Products not expressly granted to you in these Terms are reserved by EATL and its licensors.
Violation of License Terms
If you violate any of the terms and conditions of the Terms, your rights under this license will immediately terminate and EATL may terminate your access to EATL Apps, the Products and/or your EATL account without notice and without refund to you.
No Public Performance
You agree not to display content contained in Products in whole or in part as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement). Use of a tool or feature provided as an authorized part of EATL Apps (for example, "Social Recommendations", as defined in the Music terms below) is permitted, provided that as you use the tool or feature as specifically permitted and only in the exact manner specified and enabled by EATL.
Sale, Distribution or Assignment to Third Parties
You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign your rights to Products to any third party without authorization, including with regard to any downloads of Products that you may obtain through EATL Apps. Use of any tool or feature provided as an authorized part of EATL Apps (for example, "Social Recommendations") shall not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by EATL.
Capturing of Streams
You may not use EATL Apps or any Product in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Product that is presented to you in streaming format.
Sharing
You may not use Products as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner specified and enabled by EATL (for example, through "Social Recommendations").
Security Features
You may not attempt to, nor assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect any Product or EATL Apps. If you violate any security feature, you may incur civil or criminal liability.
Proprietary Notices
You may not remove any watermarks, labels or other legal or proprietary notices included in any Product, and you may not attempt to modify any Products obtained through EATL Apps, including any modification for the purpose of disguising or changing any indications of the ownership or source of a Product.
Defective Products
Once a Product is available to you through your account, you should check the Product as soon as reasonably possible to ensure that it downloads or streams correctly (as applicable) and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. In the case of Android apps, you should contact the developer concerning any defects or performance issues in the apps, as described in the EATL Apps help center. In the case of Products other than apps, subject to any limitations in the additional terms for the specific Product below, You may return Products that you purchased from EATL Apps to EATL if EATL Apps does not perform as stated with respect to that purchased Product, and EATL will provide at its option either a replacement Product or a refund of the purchase price. If EATL elects to issue you a refund, the refund of your purchase price shall be your sole remedy. EATL reserves the right to issue refunds or credits at its sole discretion. If EATL issues a refund or credit, it is under no obligation to issue the same or similar refund in the future.
Removal or Unavailability of Products
Subject to these Terms, Products that you purchase will be available to you through EATL Apps for the period selected by you in the case of a purchase for a rental period, and in other cases as long as EATL has the right to make such content available to you. In certain cases (for example, if EATL loses the relevant rights, discontinues a service or a Product is discontinued, breaches applicable terms or the law), EATL may remove from your Device or cease providing you with access to certain Products that you have purchased. If reasonably practicable, EATL will provide you with reasonable prior notice of any such removal or cessation. If you are not able to download a copy of the Product before such removal or cessation, then EATL will, at its option and solely as an accommodation to you, offer you either (a) a replacement of the Product if possible or (b) a refund of the price of the Product. If EATL chooses to issue you a refund, the refund of your purchase price shall be your sole remedy.
Effect of Refunds
If EATL chooses to issue you a refund of the purchase price of a Product for any reason, you will no longer have the right to access the relevant Product.
Select, Copy and Paste
Select, copy and paste functions may be available for some text-based Products, and you must use these features within the prescribed limits and only for personal non-commercial purposes.
Multiple Accounts
If you have multiple EATL accounts with different user names, in some cases you may transfer Products out of an account and into another account, provided you are the owner of each such account and provided EATL has enabled a feature of the relevant service allowing such transfers.
Limits on access on Devices
EATL may at any time place limits on the number of Devices and/or software applications you may use to access Products, at EATL's discretion. EATL may record and store the unique device identifier numbers of your Devices in order to enforce such limits.
Compliance with Tax Laws
You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of EATL Apps or the purchase of Products through EATL Apps. The reporting and payment of any such applicable taxes are your responsibility.
Dangerous Activities
NONE OF THE PRODUCTS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Changes to these Terms
If these Terms change, you will be asked to accept new terms before you next purchase Products. Once you have accepted the new terms, they will apply to your use of all Products (including Products you have purchased in the past) and all subsequent purchases, until we notify you of further changes.
If you refuse to accept the updated terms then you will not be able to buy any further Products through EATL Apps, and the latest version of these Terms that you accepted will continue to apply to your use of Products. In this case we will, if we are able to do so, give you a reasonable period of time in which to download a copy of any Product you have previously bought from EATL Apps to your Device, and you may continue to view that copy of the Product on your Devices in accordance with the last version of these Terms that you accepted.
After that time has expired, you will not be given a further opportunity to download the Products you have previously bought and it is possible that you will no longer be able to use EATL Apps to access or use the Products you have already bought or related support services. To do so you may also need to create a new account.