14.1. Entire agreement; Amendment. This agreement is the complete and exclusive agreement
between the parties regarding the subject matter hereunder. Ogury reserves the right to change or
modify any of the terms and conditions contained in these T&Cs at any time and in its sole discretion.
When these changes are made, Ogury will make a new version of the T&Cs available on the Ogury Site.
Your continued use of the Ogury Service after any such changes shall constitute your consent to such
14.2. Notices. All notices, consents and approvals under the agreement must be delivered in writing by
e-mail, by courier, by overnight mail service or by certified mail (postage prepaid and return receipt
requested) to the other party.
14.3. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations this agreement that is caused by events outside our reasonable
control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission
or accident beyond our reasonable control and includes in particular (without limitation) the following:
acts of God, inclement weather, flood, lightning, fire, industrial action, any act or omission of
government or any other competent authority, war, military operations, riot or the act or omission for
whom Ogury is not responsible. Our performance under this agreement is deemed to be suspended
for the period that the Force Majeure Event continues, and we will have an extension of time for
performance for the duration of that period. We will use our reasonable endeavors to bring the Force
Majeure Event to a close or to find a solution by which our obligations under this agreement may be
performed despite the Force Majeure Event.
14.4. Waiver. A waiver of any provision of these T&Cs will only be valid if provided in writing and will
only be applicable to the specific incident and occurrence so waived. The failure by either party to insist
upon the strict performance of this agreement, or to exercise any term hereof, will not act as a waiver of
any right, promise or term, which will continue in full force and effect.
14.5. Severability. If any provision, or portion thereof, of these T&Cs is determined by a court of
competent jurisdiction to be invalid, illegal or unenforceable, such determination will not impair or
affect the validity, legality, or enforceability of the remaining provisions of this agreement, and each
provision, or portion thereof, is hereby declared to be separate, severable, and distinct. This agreement
may be signed in counterparts. Each of them is original, and all of them constitute one agreement.
14.6. Publicity and Marketing. Publisher grants Ogury a worldwide non-exclusive, non-transferable,
royalty-free license to use Publisher’s company name, service, and/or logos (“Trademarks”) for use by
Ogury on Ogury’s website, promotional materials, and marketing collateral in conjunction with the
Ogury Service. This license is granted for the duration of the T&Cs. Ogury shall make no other use of the
Trademarks. Ogury acknowledges and agrees that the rights granted to Ogury by this license do not
constitute and should not be construed to be an assignment of any or all of Publisher’s rights with
respect to the Trademarks.
14.7. COPPA Compliance. Ogury is committed to COPPA Compliancy. For Apps that require COPPA
Compliancy, end users are asked to opt-in to the Ogury Service if they are over 13. If an end user is
under 13, they will not be targeted and their data will not be knowingly collected for use by the Ogury
14.8. Law and Jurisdiction. This agreement and any dispute or claim arising out of or in connection with
it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by
and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the
courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
14.9. Assignment. This agreement may not be assigned by either party without the prior written
approval of the other but may be assigned by either party without the other’s consent to (i) a parent or
subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.
14.10. Third party rights. This agreement does not confer any rights on any third party, whether
pursuant to the Contracts (Rights of Third Parties) Act 1999, or otherwise.
14.11. Relationship of the parties. No joint venture, partnership, employment, or agency relationship
exists between the Publisher and Ogury as a result of this agreement or use of the Service.