Terms of Service

Updated 25.05.2016
These Terms of Service («Terms») governs the relationship between the Limited Liability Company «Publishing house «Noosfera» («Noosfera»), registered at the address: 129626, Moscow, 2nd Mytischinskaya Street, Building 2, House 2, and you – the end-user of Application «Food Game» («User»).

These Terms of Service («Terms») governs the relationship between the Limited Liability Company «Publishing house «Noosfera» («Noosfera»), registered at the address: 129626, Moscow, 2nd Mytischinskaya Street, Building 2, House 2, and you – the end-user of Application «Food Game» («User»).

If you download, upload, copy or in any other way use the Application «Food Game», then you confirm that you have read, understand, agree and accept the Terms of Service set out below, agree to comply with them and take responsibility for their violation. The actual use of the Application by the User also means accepting of Privacy Policy. The User agrees to comply with the stipulations of these documents from the time of acceptance of the Terms.

Definitions

Application – application for mobile devices «Food Game», which includes additions and updates as well as the database.

User – a person having the legal capacity required for the adoption of these Terms, which shall have the right to use the Application.

«Noosfera»  – LLC «Publishing house «Noosfera» and/or other persons to whom the «Noosfera» granted the right to act as operator of the Application.

Account – records created by the User, which are stored on resources «Noosfera» comprising a set of User data necessary for its identification (authentication) in the Application, and to provide access to his personal data, settings, purchased Premium features, statistical data in the Application, and other similar information.

Premium features – features of the Application beyond its basic functionality, access to which User gets for a fee, the amount and terms of which are determined in accordance with these Terms.

Websites of Application – Website, located at cognifica.com.
Using Application

The User has the right to use the Application within its basic functionality at no charge, as well as access to premium features for a fee.

Servicing of applications and granting rights to use it is exclusively provided by «Noosfera», or its authorized representatives.

The User hereby acknowledges that she/he has the legal capacity, sufficient to confirm the Terms.  If the User has not reached the age of majority (18 years) or a fully or partially incapacitated by law, the User hereby acknowledges having received permission from her/his parents or legal representatives to confirm the Terms in the prescribed form by the legislation.

The Application can contain audio, visual and video effects, which under certain circumstances may exacerbate any neurological disorders in individuals prone to them. The User confirms that does not suffer from these disorders, and if otherwise – will not use the Application.

«Noosfera» provides the Application on «as is» basis and gives no warranties as to the effects caused by the use of the Application, except as expressly provided in these Terms.

The Application contains or may contain links to websites, programs, photographs, videos, audio, graphics and text materials owned by third parties. The User understands and hereby agrees that the placement of links to websites or third-party materials in the Application does not mean that the «Noosfera» supports, endorses or recommends these sites or materials. The user clicks on the links to the websites of third parties, establishes a third-party software and uses third party content solely at your own risk, including during use of the Application.

The User is able to add visuals to the Application and understands and accepts agrees that it shall be liable for any material or other information that it locates in the Application.

Premium features of the Applications

Premium features are part of the Application, access to which User gets only in connection with the use of the Application.

Acquiring access to premium features of the Application is a sole decision of the User, and is not a prerequisite for the use of Application.

Buying Premium features, the User gets access to advanced functions of the Application. «Noosfera» determines the content of Premium features.

Access to the use of Premium features of the Application considered delivered at the time of completion of payment for their purchase and happens automatically. «Noosfera» is not responsible for any problems with payment, since payment is outside the scope of its control on the sites that provide application depending on the device system (Google Play or the Apple Store). Access to the use of Premium features is provided for a period of one month, one year or for life, and is valid until the expiration of the term of access to the premium features.

The amount of payment is determined by the «Noosfera» unilaterally and specified in the Application.

User understands and hereby agrees that exchange rates of the currency may apply depending on the payment system chosen by her/him, and the actual paid amount may differ from the amount indicated by «Noosfera». It can also occur by any other reasons, not under the control of «Noosfera», excluding its responsibility. For rules and procedures for the use of payment systems and payment methods, the User needs to apply directly to the operator of the payment systems.

«Noosfera» reserves the right to unilaterally suspend or terminate User’s access to the Application and its Premium features, if there is a legally well-founded suspicion of committing illegal actions by the User related to payment for the Premium features. The «Noosfera» is not obliged to pay any compensation to the User of any kind, including cash compensation unless otherwise provided by these Terms or by applicable law.

Access to the Premium features may be terminated by «Noosfera» in accordance with these Terms in the following cases: expiration of access to the Premium features; legally sound suspension or termination of access to Application or for other reasons, that does not give the user base to demand from the «Noosfera» any reimbursements of acquired access rights to the Premium features Applications, except as provided in these Terms and/or legislation.

The User’s rights

Use the Application without limitation in accordance with its intended purpose by using the platform of iOS and Android.

The User may not distribute the Application for commercial or non-commercial purposes, or copies of the Application, using material media and/or by posting it on the Internet granting access for downloading to certain persons or the general public.

The User may not translate the Application to other languages without the consent of the «Noosfera».

The User may not distribute audio and visual elements, as well as other intellectual property presents in the Application (except in cases permitted «Noosfera») for commercial or non-commercial use.

The user may not transfer the rights in respect of the Application, including its Premium features for commercial or non-commercial purposes to third parties, including through the transfer account, a contract or other means.

The User may not use other people’s accounts.

The user may not use the Application in ways not designed for by the present Terms and go beyond the common functions.

Rights of «Noosfera»

We reserve the right to change or modify the Terms of Service at any time at our sole discretion. When we do this, we post the changes on this page and will indicate at the top of this page the date on which these Terms were last revised. We can also notify you either by using the User interface of the Application or via e-mail.

To modify or otherwise change the application, including any of its components and parts without prior notice at any time. Modification of the Application may lead to temporary suspension of access to certain elements of the Application, which are integral parts of the Application functionality, and the User gives consent to «Noosfera» to perform these actions without prior notice.

To manage Application, its processes, technical and any other characteristics of the elements and the Premium features, to suspend or modify the Application’s operation without prior notice at its sole discretion.

To restrict or terminate the User’s access to the Application for the violation of the Terms by the User. «Noosfera» is not obliged to provide the User with evidence of the violation by the User of these Terms, as a result of which the User has been terminated or restricted to access the Application.

To discontinue providing full access to the Application or its Premium features with regard to the provisions of these Terms.
Responsibilities of «Noosfera»

To allow the User to use the Application according to these Terms.

User Responsibilities

To comply with the provisions of these Terms and Privacy Policy. If the User disagrees with these Terms the User is obliged to stop using the Application, including removing it from her/his devices.

To indicate correct information when creating and editing Account.

To do not violate the intellectual property rights of «Noosfera» in relation to the Application. The User has no right to copy, transmit, publish or otherwise distribute or reproduce material (text, image, audio or video) without the written consent from the «Noosfera».

To take necessary security measures fro protection of her/his Account and to prevent its unauthorized use by third parties. User agrees not to disclose or transfer her/his identification data to third parties, allowing their possible authorization (authentication) to the User’s Account.

To do not examine the code, decompile, disassemble, modify the application or create derivative works based on the Application or its parts thereof, except in cases in which these acts are committed with the written consent of «Noosfera».

To refund «Noosfera», other users of Application or to third parties any loss incurred by them in connection with the actions of the User, including for violation of these Terms, intellectual or other rights of above-mentioned parties.

To inform the «Noosfera» immediately of any evidence of unauthorized use of an account, it’s hacking or other such actions.

Limitation of liability

«Noosfera» is not responsible for:

Illegal or other actions of the User and/or third parties that prevent the use of Applications or its Premium features by other users.

The loss of access to the Accounts (loss of login, password, other information necessary for the participation of the User in the Application) by the User.

Incomplete, inaccurate or incorrect information of the User’s data when creating her/his Account.

No access to the Internet and/or bad quality of Internet service.

«Noosfera» does not guarantee that:

The Application and its Premium features will satisfy the subjective requirements and meet the expectations of the User.

The Application will work fast, without any technical failures and errors and will be available at any time.

Limitation of Liability «Noosfera»

«Noosfera» is not responsible for any direct or indirect damages and lost profits of the User or third parties resulting from the use or inability to use the Application; and also for unauthorized access by third parties to the personal data of the User.

When using Application without registration «Noosfera» is not responsible for the preservation of the results and achievements of the User in the Application.

Under all circumstances, the responsibility of «Noosfera» towards the User is limited to an amount not exceeding the amount of payments received from the User by the time of occurrence of the circumstances that led to the emergence of responsibility «Noosfera».

The inadmissibility of the acquisition of rights of third parties

The exclusive right to provide access to thew Application and its Premium features belongs to «Noosfera», and therefore any third party (other than persons authorized «Noosfera») offers for the right to use the Application and its Premiums opportunities should not be regarded by Users as proposals coming from «Noosfera».

The User is obliged to immediately notify the «Noosfera» of any known cases of access to the Premium features of the Application or receipts of proposals for the payment for the Premium features coming from persons who are not not authorized by «Noosfera».

If the User has made payment for access to the Premium features to persons not related to and not authorized by «Noosfera», thus in violation of this Terms, the User’s claims will not be accepted, and the «Noosfera» does not compensate for the funds paid by the User under such circumstances, and does not provide free access to the Premium features.

In such cases and in its sole discretion the «Noosfera» may suspend, limit or terminate the User’s access to the Application and its Premium features.

Beta testing

In cases of participation of the User in the beta testing of the Application, the User acquires the status of a beta-tester. Beta testing is carried out only in order to assess the functions of applications and to detect errors and bugs. In the course of the beta testing, the User is not granted the rights and privileges set forth in these Terms. «Noosfera» is not responsible for the events that occur in the process of beta testing. After beta testing, all the Premium features will be deleted from the account (other than in the special cases during the open beta testing). User acknowledges that participating in the beta testing at her/his own risk and understands that the Application may contain errors. Any Premium features can be removed at any time (except for the special cases during the open beta testing). «Noosfera» is not responsible for ensuring continuous access to the Application. Any information received by users during beta testing is confidential and shall not be disclosed.

Force Majeure

User and «Noosfera» are released from liability for complete or partial failure to fulfill the obligations under these Terms if such failure is the result of force majeure, including mass riots, prohibitive actions of the authorities, natural disasters, fires, accidents, and as a result of faults in telecommunication and power networks, malware actions and unscrupulous actions of third parties to obtain unauthorized access or disabling the software or hardware system.

If due to a technical error, malfunction or deliberate action of the User she/he obtained access to the Premium features of the Application without payment in established manner described in these Terms, the User is obliged to inform «Noosfera» about it.

«Noosfera» shall be entitled to eliminate such effects, including by removing Premium features from the Account without notice to the User and without any compensation.

Intellectual property rights

The application, including source and object code, graphics, formulas and algorithms, user interface, all and any the elements, music and other content, constitute and/or contain intellectual property, the exclusive right to which belongs to their rightful owners.

User agrees that any element of the Application, including its Premium features, are an integral part of the Application and are protected by law. Despite the fact that the User can access the Application and its Premium features, the use of the Application can not be regarded as a transfer and/or assignment of exclusive rights to the Application or parts of it, including the Premium features, from the «Noosfera» to the user.

User agrees and fully recognizes that all exclusive rights to the localized (translated to any language) Application, including its Premium features, its graphics, photos, video, graphics, animation, sound effects, music, text and content of applications and on any other elements of the Application belong to the rightful owners without exception.

Any use of objects of intellectual property rights or parts thereof without the prior written permission from the «Noosfera» is strictly forbidden except as provided in these Terms.

Period of validity, amendment and cancellation of the Terms

These Terms shall come into force at the time of the adoption of the User and are valid for the entire period of usage.

The User may not use the Application if he does not agree with changes made to these Terms.

«Noosfera» may cancel the Terms unilaterally and at any time in out of court manner with the termination of the access to and availability of the Application and its Premium features in any breach by the User of these Terms. In this case, the «Noosfera» does not return the money to the User and does not cover her/his losses.

In the case of the closure of the Application «Noosfera» is obliged to send to the User a notification ninety days prior to the closing date of the Application. The «Noosfera» does not pay any compensation and does not reimburse cash equivalent of the Premium features.

The User may stop using the services by deleting the Account at any time without notice to «Noosfera» and without giving a reason to. In this case, all Premium features of the Applications will be deleted without a possibility of recovery. In this case, the «Noosfera» is not required to pay user any compensation.

If one or more provisions of these Terms will be considered invalidated in a prescribed manner due to a court decision, the remaining provisions shall remain in force and the parties continue to perform their obligations that best meet the intentions of the parties at the moment of accepting and/or changing these Terms.

Resolutions of Disputes

All disputes shall be settled by the parties through negotiations and correspondence with the mandatory use of pre-trial order. Failure to reach agreement between the parties through negotiations within sixty calendar days of receipt by the other party a written claim to the dispute may be submitted by any interested party to the court at the place of registration of «Noosfera» (with exception of the jurisdiction of the case in any other courts) in accordance with the procedural and substantive law of the Russian Federation with the exception of conflict of laws rules.