END USER LICENSE AGREEMENT
Last updated: 27 August 2015
1. ABOUT THIS END USER LICENCE AGREEMENT
1.1. This End User License Agreement (or “EULA”) governs the relationship between you
Melesta Publishing Limited,
105, Agion Omologiton Avenue,
Nicosia 1080, Cyprus
(“Melesta”, “we”, “our” and “us”)
in relation to Melesta games, including “Toy Defense”, “Toy Defense 2”, “Toy Defense:
Fantasy” and “Coffee Shop” (the “Games”).
1.2. This EULA set forth terms and conditions that apply to your use of the Game.
1.3. If you are under 18 years of age, please ask your parent or guardian to review and
approve this EULA on your behalf. If you are under the aforesaid age, you must not use
or access the Game without a parent or legal guardian supervising you.
1.4. You confirm your acceptance of this EULA within the installation process of the Game
(if applicable) or by using the Game. If you do not agree to this EULA, please do not
attempt to install or use the Game.
1.5. You must also accept and comply with all rules of external platforms applicable to
specific Game, including but not limited to Apple Appstore and Game Center rules and
Google Play rules, including in relation to payment procedure and means. Any breach of
any rules of the external platforms shall also be regarded as a breach of this EULA.
Melesta shall not be liable for any actions of the above platforms.
You confirm that before installing and using the Games you have read and accepted our
3. AMENDMENTS TO THIS EULA
From time to time, we may need to amend this EULA for serious reasons, for example to
reflect new features and functionality in the Game or because of changes in the law. The
latest version of this EULA will always be available on the Melesta’s websites (the
4. USING THE GAME
4.1. In return for your acceptance of this EULA, we give you the personal right (known as a
‘licence’) during the time this EULA is in force between you and us to install and play the
4.2. This license is:
▫ ‘non-exclusive’ (meaning that we can grant the same and similar licenses to other
people as well);
▫ ‘revocable’ (meaning that we can terminate this license in certain circumstances);
▫ ‘personal’ (meaning that you may not use the Game for any commercial purpose);
▫ ‘non-transferable’ (meaning that the license is only for your benefit and you may not
transfer or sublicense any of the rights that we grant to you to any other person); and
▫ ‘limited’ (meaning that you can only use the Game for the purposes we set out in this
▫ conditional on your compliance with this EULA.
5. TECHNICAL REQUIREMENTS
For using the Game you need certain hardware, software and capability (including a
suitable connection to the Internet).
6. PATCHES, UPDATES AND CHANGES
From time to time, we may need to deploy or provide patches, updates, additional content
or other modifications to the Game (for example to enhance online gameplay, to add new
or update features or to resolve software bugs).
7. INTELLECTUAL PROPERTY
7.1. The Game, including the code, graphics, game play, user interface, audio and other
content, contain proprietary information and material that is protected by copyright and
other laws including but not limited to intellectual property. You agree that we own or
license all of this proprietary information and material and that you may not use or
exploit any of it without our permission.
7.2. “Melesta”, “Toy Defense”, “Toy Defense 2”, “Toy Defense: Fantasy” and “Coffee Shop”
and their respective logos are trademarks or registered trademarks of Melesta or their
respective licensors. You may not use or display such trademarks in any manner, except
as expressly set out in this EULA. All third party trademarks and service marks that
appear in the Game are the property of their respective owners and all rights in them are
8. EPILEPSY WARNING
Certain people are susceptible to epileptic seizures or loss of consciousness when
exposed to certain flashing lights or light patterns in everyday life. Such people may
have a seizure while watching certain monitor images or playing certain video
games. This may happen even if the person has no medical history of epilepsy or has
never had any epileptic seizures. If you or anyone in your family has ever had symptoms
related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights,
consult your doctor prior to playing. We advise that parents should monitor the use of
video games by their children. If you or your child experience any of the following
symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness,
disorientation, any involuntary movement or convulsion, while playing a video game,
IMMEDIATELY discontinue use of the video game and consult your doctor. Please also
note that when using a video game you should take certain standard health and safety
precautions, including avoiding playing the game when tired and not had much sleep,
taking 10 to 15 minute breaks every hour, sitting reasonable distance from the screen, and
playing the game in a well-lit environment.
9. WARRANTIES AND LIABILITY REGARDING THE GAME
9.1. We warrant that we have the right to enter this EULA and to grant you the licenses to use
the Game as set out in section 4 “USING THE GAME”.
9.2. With respect to virtual goods that are purchased by you, we shall be liable for damages
that arise from the lack of a guaranteed characteristic.
9.3. And further liability of us shall be waived.
10. TERMINATION OF THIS EULA
10.1. Melesta may at any time unilaterally terminate this EULA out of court and stop providing
access to any of the Games if:
▫ The Game is closed. In this case, Melesta shall send you a notice to that effect at least
180 calendar days in advance. Melesta shall not pay any compensations or, without
limitation, reimburse any money equivalent of in-game currency, virtual goods, etc.
▫ In the event of any violation by you of this EULA, including one-time violations.
Melesta shall not return any funds or compensate for any losses.
11. GOVERNING (APPLICABLE) LAW AND JURISDICTION
11.1. This EULA and any dispute, claim or obligation (whether contractual or non-contractual)
arising out of or in connection with it or its subject matter or formation shall be governed
by the laws of Cyprus.
11.2. We and you submit the aforementioned disputes to the jurisdiction of the courts of the
Republic of Cyprus.
12.1. The EULA governs our relationship with you. It does not create any rights for any other
person, unless otherwise expressly stated in this EULA.
12.2. If any part of this EULA is held to be illegal and/or unenforceable, then it will not affect
the legality and/or enforceability of any other part of this EULA. Also, we and you agree
to interpret the rest of this EULA in such a way as to reflect your and our intentions in
this EULA as far as possible.
12.3. If you or we fail to exercise (or delay exercising) any right which you or we may have
under this EULA, that failure or delay does not mean that we or you lose that right. If we
or you only partially exercise a right or only exercise it once, that will not stop you or us
from exercising it again in the future.
13. NO RESTRICTION OF CONSUMER RIGHTS
The provisions of this EULA do not exclude, limit or otherwise restrict the imperative
rights vested with the consumers upon relevant provisions of applicable law nor may be
construed by anyone in this way.
14. CONTACT US
If you have any questions, complaints, or comments regarding this EULA, please contact
us at email@example.com, tel. +375172908360 or 105 Agion Omologiton
Avenue, Nicosia 1080, Cyprus.