These Terms of Use govern your use of “Perfect Player” application, which is provided to the Users by Niklabs Software contracting entity (hereinafter – “Niklabs”).
If You wish to use the Application, you need to read, understand and accept these Terms of Use. By downloading and using the Application, you acknowledge that you are fully aware of the provisions of these Terms of Use, accept all of them in full without any exemptions or limitations whatsoever and agree to use the Application in compliance with them. These Terms of Use create a legally binding agreement between Niklabs and You. If You do not accept these Terms of Use, You shall refrain from downloading and using the Application.
1. DEFINITIONS
1.1. For the purposes of these Terms of Use, the following definitions shall be used:
1.1.1. “Terms of Use” is the text of these Terms of Use with all its annexes, amendments and supplements available on the Website.
1.1.2. “User”, “You” is an individual that wishes to download the Application or has already downloaded it in order to use the Application under these Terms of Use.
1.1.3. “Application” is “Perfect Player” application, that exists in the forms of mobile Android application available on Google Play (Perfect Player IPTV) and desktop application for Windows available for download from the Website. The Application is designed to play back the Content, and is intended for personal use.
1.1.4. “Content” is IPTV channels and playlists, as well as other media material stored on User’s device, in file formats that can be played back via the Application.
1.1.5. “Website” is the website hosted in domain http://niklabs.com/ . The Website contains links for downloading of Application installation files.
1.1.6. “Governing law” is the law of England and Wales. Therefore, this law governs these Terms of Use.
1.2. The Terms of Use may contain definitions which are not stipulated by section 1.1. In this case such definitions shall be construed according to the text of the Terms of Use, Governing law and business practice.
2. LICENSE TO USE THE APPLICATION
2.1. When You download the Application from Google Play or the Website, Niklabs grants You a limited, non-exclusive, non-transferable, worldwide, revocable, personal, royalty free license to use the Application on a single Google Play account and on multiple devices and solely for the intended purpose of the Application within its functionality as designed by Niklabs.
2.2. When You use the Application You agree to adhere to the following restrictions:
2.2.1. You shall not to or enable others to use the Application to store or transmit infringing, libelous, or otherwise unlawful or tortious materials, or to store or transmit any materials in violation of third-party privacy and/or intellectual property rights;
2.2.2. You shall not to or enable others to use the Application to store or transmit any malicious code;
2.2.3. You shall not to or enable others to interfere with or disrupt the integrity or performance of the Application or third-party data contained therein;
2.2.4. You shall not to or enable others to attempt to gain unauthorized access to the Application or its related systems or networks;
2.2.5. You shall not to or enable others to modify, copy, or create derivative works based on the Application or any part, feature, function or user interface thereof, without Niklabs’ prior written consent;
2.2.6. You shall not to or enable others to decrypt, disassemble, reverse engineer, attempt to derive the source code of, or decompile the Application, except to the extent permitted by applicable laws;
2.2.7. You shall not to or enable others to sell, resell, license, sublicense, distribute, make available, rent or lease the Application or any its part.
2.3. The User shall ensure that its use of the Application does not contravene the requirements of any applicable laws and regulations and does not infringe intellectual property rights of third persons including, but not limited to, copyright and related rights. Any Content data file, text, software, music phonographs, audio files, photos, videos or any other form of audiovisual data displayed by, stored on, or accessed through the Application belongs to the respective Content owners. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms and conditions of the third party providing such Content. The Application may be used to play back Content so long as such use is limited to the playback of non-copyrighted Content, Content in which the User owns the copyright, or Content that the User is authorised or legally permitted to play back.
2.4. Subject to the limited rights expressly granted herein, Niklabs reserves all of the right, title and interest in and to the Application including all of its related intellectual property rights. No rights are granted to User hereunder other than as expressly set forth herein.
2.5. This License is effective during the effective period of these Terms of Use. The termination of these Terms of Use results in revocation of this License.
2.6. If Your License is revoked, you shall immediately cease the use of and delete the Application and all its copies that you have made.
2.7. A breach of these Terms of Use immediately terminates your right and License to use the Application.
3. PRICES AND PAYMENTS
3.1. The desktop version of the Application can be downloaded from the Website and used by the User for free.
3.2. By downloading the Application from Google Play for free the User gets the access to the use of the “Free version” of the Application. The User has in option to buy the access to the use of the “Full version” of the Application via in-app purchases.
3.3. The relevant price for access to the use of the “Full version” of the Application version for Android is displayed on the Application page on Google Play.
4. EFFECTIVE PERIOD OF THE TERMS OF USE
4.1. These Terms of Use shall be deemed concluded between the User and Niklabs and effective from the moment of the downloading of the Application from Play Market and acceptance of these Terms of Use by the User.
4.2. These Terms of Use are valid for the duration of your use of the Application.
4.3. These Terms of Use can be terminated wholly or partially by each Party unilaterally at any time.
5. NIKLABS’ OBLIGATIONS AND RIGHTS
5.1. Niklabs shall provide normal and uninterrupted operation of the Application and carry out its maintenance and updating in order to ensure the User’s access to the Application and its normal use.
5.2. Niklabs shall take all the necessary actions to ensure the privacy of the the Users’ personal data pursuant to applicable data protection legislation and Niklabs’ Privacy Policy.
5.3. Niklabs has the right to modify the Application, change its design, add new features, stop providing the Application in any way at Niklabs’ sole discretion without the User’s prior consent.
5.4. Niklabs may from time to time download and install automatic updates of the Application version for Android, if You enabled automatic updates in your Google Play account settings.
5.5. Niklabs has the right to promote the Application, post advertising materials on any part of the Application and the Website including, but not limited to, contextual advertising, banners, online video, animation and advertising commercials.
5.6. In case of the User’s breach of these Terms of Use, Niklabs has the right to suspend such User’s access to the Application and revoke the License.
5.7. Niklabs has the right to amend these Terms of Use unilaterally at Niklabs’ sole discretion and without prior User notification by making an updated text of the Terms of Use available on: http://niklabs.com/perfect-player-terms-of-use
5.8. Niklabs has the right to change the Application prices at Niklabs’ sole discretion without prior notice of the User.
5.9. Niklabs reserves the right to refund paid amounts at its sole discretion in case of User’s technical inability to use the Application.
6. USER’S RIGHTS AND OBLIGATIONS
6.1. The User has the right to use the Application under these Terms of Use.
6.2. The User has the right to introduce its wishes, suggestions, questions and claims to Niklabs in relation to the Application operation, report any errors in the operation of the Application, as well as in other cases when rapid communication with Niklabs is necessary under these Terms of Use.
6.3. The User has the right to get a refund pursuant to the provisions of Governing law and these Terms of Use.
7. PARTIES’ LIABILITY
7.1. The Application is provided to You on an “AS IS” basis. Therefore, Niklabs disclaims all warranties, express or implied, including any implied warranties of non-infringement, merchantability, fitness for a particular purpose, quality, performance or non infringement upon any patent, trademark, copyright or other-intellectual property rights of any other party.
7.2. Niklabs is not liable for any consequences of the Application operation and for its meeting of the Users’ expectations and requirements. Niklabs makes no warranty that the Application will be free from errors or bugs.
7.3. Niklabs shall not be liable for non-performance or improper performance of Niklabs’ obligations due to failures in the telecommunications and energy networks, actions of malicious programs, removal and/or failure of the software/hardware systems of Niklabs, as well as unfair actions of third persons to obtain unauthorized access, and other circumstances beyond Niklabs’ reasonable control.
7.4. Niklabs is totally separated from the Content, therefore Niklabs shall not be liable for the nature, genuineness and safety of such Content as well as for its compliance with any applicable laws and the Users’ rights for its distribution and/or use.
7.5. Niklabs is not responsible for examining or evaluating the Content in any way, and it is Users’ sole responsibility to comply with any applicable intellectual property and other laws and regulations.
7.6. You understand that by using the Application, you may encounter Content that may be deemed offensive, indecent, or objectionable, which may or may not be identified having explicit language. Therefore you agree to use the Application and Content at your sole risk, and You acknowledge that Niklabs shall have no liability to you for any Content.
7.7. If Niklabs is found liable for the User’s violation of the rights and/or interests of third persons as well as other provisions of law, the User shall fully reimburse the losses suffered by Niklabs in connection with such violation.
7.8. The User acknowledges that any breach of these Terms of Use will result in irreparable harm to Niklabs. Therefore, in addition to Niklabs’ rights and remedies otherwise available at law, Niklabs will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
8. MISCELLANEOUS
8.1. The User warrants and represents that all the provisions of these Terms of Use are clear to it and that User accepts them unconditionally and to the full extent.
8.2. These Terms of Use constitute the entire agreement and understanding between the User and Niklabs relating to the User’s use of the Application.
8.3. If, for whatever reason, one or more provisions of these Terms of Use are invalid or unenforceable, such circumstance shall have no effect on the validity or enforceability of the remaining provisions of these Terms of Use.
8.4. Questions, discord or claims not regulated by these Terms of Use are governed by the Governing law.
8.5. Details of Niklabs Software contracting entity and contact information:
Email address: nikman@niklabs.com
Website: http://niklabs.com/