Acceptance of Terms
At any time, your sole remedy in case of any disagreement and/or dispute with respect to this ToU and the provisions thereof shall be termination of your use of the Application and cancellation of any accounts with the Application you have created (if any).
Access to Application, Account(s)
- Provider may, at its sole discretion, provide or deny (including, without limitation, by suspending or permanently banning) access of Application to you (including, without limitation, as a remedy in case of your breach of this ToU). Denial of such access may be made for any reason whatsoever and at no obligation to you (including, without limitation, any obligation for prior notification or provision of reasoning for such denial). No provision of this ToU or any part thereto may in any way derogate from the foregoing right of the Provider.
- If Provider has decided to provide access to Application to you, such access shall be provided via account(s) created in your name for the use of Application (“Account(s)”). You hereby acknowledge that the right of Provider to deny access to Application as set forth in the previous paragraph includes the right to terminate any or all of your Accounts.
- Each Account shall be defined by unique authentication details — login, password, security question, etc (“Authentication Details”). While you will be generally able to specify Authentication Details of each Account, Provider hereby reserves the right to refuse or restrict acceptance of any particular information you attempt to specify as your Authentication Details for any reason whatsoever. Such right of refusal shall not give rise to any responsibility of Provider for the essence and content (including, without limitation, appropriateness, legality and level security) of any Authentication Details accepted by Provider and it shall be solely your responsibility to ensure that your Authentication Details are secure enough not to be discovered, intentionally or unintentionally, by any third parties.
- You acknowledge and agree that any action performed within or in connection with the Application via use of your Authentication Details shall be deemed performed by you and you shall be fully responsible for such action. You shall keep your Authentication Details confidential and shall not provide them to any third parties. You shall at all times monitor your Account(s) to ensure absence of use of your Authentication Details by any third parties and shall promptly inform Provider in case of any suspicion and/or detection of such unauthorized use or of the fact that any third party has become aware of your Authentication Details or any part thereto.
- While Provider may provide you with reasonable assistance in case of loss of Authentication Details you hereby acknowledge and agree that it is your responsibility to maintain awareness and knowledge of your Authentication Details at all times.
- You hereby acknowledge and agree that exercise by Provider of its rights under Clause 1.1 above may include termination and/or suspension of any or all of your Accounts.
- Subject the provisions of this ToU and any annexes thereto and your full and unconditional compliance with the foregoing Provider grants to you a personal, non-exclusive, non-transferable, non-sublicensable and non-assignable, revocable, limited scope license to access and use the Application (“License”).
- License is granted solely and exclusively for the access and use of Application for your own, private, non-commercial entertainment purposes.
You hereby acknowledge that any of the following will result
in an immediate and unconditional termination of the License:
- any breach by you of this ToU and any annex thereto or your disagreement with any of the foregoing
- a law, decision of any governmental or other supervisory authority and/or a ruling of a court the jurisdiction of which you are subject to, which deems the Application and/or its access and/or use by you to be illegal.
- Exercise by Provider of its rights under Clause 1.1 above.
- You hereby acknowledge and agree that, in addition to the provisions of Clause 2.3 above Provider may at any time, and at its sole discretion may revoke the License with respect to any specific element of the Application or any service related thereto without any further obligation to you (including, without limitation, any prior notice obligation).
Intellectual Property Ownership
- As between you and Provider, Provider holds any and all IP Rights to the Application and any part thereto (including, without limitation, any software, designs, graphics, texts, information, pictures, video, sound, music and/or databases). For the purpose of this ToU “IP Rights” shall mean any and all intellectual property rights and any rights of a similar nature, now existing or that emerge in the future, whether registered and whether subject to registration or not. This includes, without limitation, trademarks, tradenames and servicemarks, copyrights and adjacent rights, patent rights, know-how, trade secrets and other.
You may not jeopardize IP Rights of Provider in any way
whatsoever. This includes, without limitation, any actions or
attempted actions (whether performed directly or through any
third party) to:
- Copy, reproduce, broadcast, publish or otherwise publicly disseminate any object of the IP Rights and any of their material manifestations.
- Sell, rent, or otherwise commercially exploit any object of the IP Rights and any of their material manifestations.
- Reverse-engineer, decompile, discover the source code of, create derivative works on the basis of or otherwise modify any object of the IP Rights and any of their material manifestations.
- Register any rights, or claim any rights in or otherwise pass dispute the right of Provider or its respective third-party licensors in any object of the IP Rights and any of their material manifestations.
- Otherwise access and/or use the Application or any part thereto for purposes other than purpose of the License set forth in Clause 2.2 above.
- You hereby represent and warranty to Provider that your use of Application and any part thereof and any content published or used by you via Application (including, without limitation, your Authentication Details) does not breach any law or any third party rights. Without limiting the generality of the foregoing, this includes your Authentication Details not containing any information and/or element which infringes on any third party copyright, is obscene, offensive, constitutes libel and/or slander, manifests racial, ethnical, religious or any other discrimination, promotes violation of any law or any third party right protected by law, contains any virus, Trojan horse or any malicious code etc.
- You hereby irrevocably waive any obligation Provider may have to you (including, without limitation, under any intellectual property or similar right) with respect to any materials, text and/or other content published and/or submitted by you through Application (whether directly or through any other applications, social networks, internet portals or any other means by which Application is made available).
- Any materials, texts and/or other content published and/or submitted by you via Application (whether directly or through any other applications, social networks, internet portals or any other means by which Application is made available) shall be so published and/or submitted at your own risk and responsibility, and may not give rise to any responsibility and/or liability of Provider whatsoever, whether to you or to any third party. Without derogating from the foregoing, you hereby unconditionally acknowledge Provider’s right to remove and/or alter any content submitted and/or published by you via Application at Provider’s sole discretion and without any obligation to you (including, without limitation, obligations to provide reasoning for such actions.
- You acknowledge and agree that, regardless of any rights Provider may have with respect to materials, texts and other content published and/or submitted via Application (whether directly or through any other applications, social networks, internet portals or any other means by which Application is made available) by other users, Provider may not be held responsible and/or liable for such content and you hereby waive any claim, demand and/or grievance you may have towards Provider in this respect.
Disclaimer of Warranty, Limitation of Liability and Indemnification
Application and any related services are provided on “as is” and
“with all its faults” basis. You agree to access and/or use
the foregoing at your own risk. To the maximum extent permitted
by law, Provider, its owners, subsidiaries, affiliates, directors,
officers, employees and agents (jointly – “Covered Parties”)
disclaim all warranties, explicit or implied, in connection with
the Application and any part thereto and any service related
thereto and any warranties with respect thereto, including any
implied warranties of merchantability, title or non-infringement,
fitness for a particular purpose, quite enjoyment, accuracy,
error-free operation and any other. Without limiting the
generality of the foregoing, Covered Parties expressly disclaim
any responsibility for or in connection with:
- Errors, mistakes, or inaccuracies of Application, or any part, or any service related thereto;
- Personal injury or property damage, of any nature whatsoever, resulting from access and use of the Application;
- Any communication errors, server failures or any unauthorized access thereto;
- Any bugs, viruses, Trojan horses, or any other malicious code contained in or transmitted through Application or any related services;
- Any losses and/or damages incurred in connection with any content transmitted via or in connection with Application or any related services.
- In no event shall any of the Covered Parties be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever in connection with or arising from your use of Application, any related services or any part thereof, whether based on any implied warranty, contract, tort, or any other legal theory, and whether or not the foregoing have been or should have been aware of the possibility of such damages.
- You hereby agree to indemnify any of the Covered Parties and hold them harmless against any costs, losses, penalties (including any amounts to be paid on the basis of any third party claim) and expenses (including legal fees) incurred by the foregoing as a result of your breach of your warranties and obligations under this ToU or otherwise as the result of your access to and/or use of Application or any related service.
- Application and any related services are provided on “as is” and “with all its faults” basis. You agree to access and/or use the foregoing at your own risk. To the maximum extent permitted by law, Provider, its owners, subsidiaries, affiliates, directors, officers, employees and agents (jointly – “Covered Parties”) disclaim all warranties, explicit or implied, in connection with the Application and any part thereto and any service related thereto and any warranties with respect thereto, including any implied warranties of merchantability, title or non-infringement, fitness for a particular purpose, quite enjoyment, accuracy, error-free operation and any other. Without limiting the generality of the foregoing, Covered Parties expressly disclaim any responsibility for or in connection with:
- Application may enable or require purchase of virtual currency ("Credits") that may be done using real currency. Provider is under no obligation to redeem Credits for real currency or any other physical assets. At any time Provider may refuse request for acquisition of Credits at its sole and absolute discretion.
- You hereby acknowledge and agree that you have no right or title to any virtual in-game assets (whether Credits or other) that may be made available to you via Application or any related service, and Provider reserves the right to alter, limit or delete any such virtual assets at its sole discretion and without any obligation to you (including, without limitation, any prior notice obligation).
- Credits are not refundable and not transferable or exchangeable, except if expressly allowed otherwise by Provider in its sole and absolute discretion.
- Credits may only be acquired from Provider in a manner determined by Provider in its sole and absolute discretion (as notified from time to time via Provider’s website or otherwise). You may not purchase, sell, or exchange Credits outside of Application.
- Credits may only be held by legal residents of countries where access to and use of Application are permitted.
- Credits are tied to your respective Account.
- Provider reserves the right to apply any value added tax or other tax or levy to the purchase price of the Credits, as determined by Provider from time to time.
- You must report any discrepancies, errors and/or other issues with respect to purchase and/or use of Credits to Provider as soon as practicable, but no later than 48 hours from the time such discrepancies were detected. Failing to do so shall result in you forfeiting the right to object any such discrepancies. Subject to your compliance with this ToU, Provider will make reasonable efforts to resolve any such discrepancy if it has occurred due to its direct fault.
- You shall reimburse provider for all reversals, charge-backs, fees, fines and any other costs incurred by Provider arising out of payments that you authorized or accepted in connection with your use of Application and any related services.
Rules of Conduct
- You represent and warrant that you have full right and authority to access and use Application and to be bound by this ToU.
- You represent and warrant that in you access to and use of Application or any related service you will fully comply with all applicable laws and regulations of any applicable jurisdiction.
- You represent and warrant that in your access to and use of Application or any related service you shall not defraud or attempt to defraud any person (including, without limitation, Provider) or act in bad faith.
Without derogating from generality of the foregoing
provisions, you expressly agree that, among other:
- You are not under the age of 13 and, if you are under the age of 18 (or other legal age, as applicable in jurisdiction of your residence), you have obtained consent of your guardian to use Application and any related service;
- You access and use Application and any related service and set up Account(s) on your own behalf and in your own name, and not on behalf of any third party;
- You shall not attempt to discover any Authentication Details or any private information of any other user of Application or any related service by any means whatsoever;
- You shall not implement (or attempt to implement), without prior express permission of Provider, any passive or active information collection or transmission mechanism (commonly referred to as "spyware" or "passive collection mechanisms");
- You shall not develop, use, distribute, or provide public information regarding any software programs that may be used within Application, unless such software programs are expressly authorized by Provider for such specific use;
- You shall use support and/or complaint functions only for their actual purpose and shall not abuse the foregoing to make false reports to Provider;
- You shall not attempt to exploit any error, bug or other inaccuracy in Application or any related software and/or other material which gives an unintended advantage and shall not inform any third parties of the foregoing;
- You shall not permit use of the Account by anyone without prior express written permission of Provider and shall not use any third party’s account within Application in such a manner;
- You shall not engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
- You shall not communicate any person's private information via Application or any related service;
- You shall not attempt to interfere with any transmissions to or from the servers of Application or any related service in any way (including, without limitation, hacking and overburdening);
- Regardless of your location, this ToU is governed by and shall be interpreted in accordance with the laws of the Republic of Cyprus, without regard to principles of conflict of laws.
- Any claim or dispute between you and Provider that arises from or in connection with your access to and/or use of Application or any related service shall be decided exclusively by a court of competent jurisdiction in Nicosia Cyprus and you hereby irrevocably submit to personal jurisdiction of such venue and waive all defenses on the basis of lack of personal jurisdiction, forum non convenient or otherwise.
- ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS TOU MUST COMMENCE WITHIN ONE (1) YEAR FOLLOWING THE EVENT WHICH IS THE CAUSE OF ACTION WITH RESPECT TO SUCH PROCEEDING. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Modified: June 28, 2012
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