END USER LICENSE AGREEMENT
Last updated: October 31, 2023
This EULA governs relations between the COMPANY and the Users pertaining to their use of the Service.
Only natural persons are entitled to download/acquire/use the Service.
By downloading, installing, or otherwise using the Service, the User
(A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of this EULA, as well as the conditions of other agreements and regulations available at the Website and guarantees that he/she will observe them during the entire use of the Service;
(B) acknowledges and agrees that he/she has independently evaluated the desirability of using the Service and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and
(C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of this EULA with the help of his parents/legal guardians. COMPANY recommends parents or guardians to monitor their children’s online activities. To protect children’s privacy, COMPANY advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. COMPANY reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. COMPANY reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of Service by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them.
Otherwise, installation or other use of the Service is prohibited.
In the case that the User downloads/purchases the Service through any third parties platform, the User undertakes to review and comply with the terms and conditions of the owner of the respective platform, which may be changed from time to time and may provide for certain additional requirements applicable to downloading the Service through that platform, its installation, and use.
1. TERMS AND DEFINITIONS
In this EULA, the following definitions, when capitalised, shall have the following meanings:
Account – shall mean the User’s account in the Service.
COMPANY – CEBC B.V., a company established and operating under the legislation of the Netherlands (reg. number: 78627303), with its registered office at Assendorperdijk 134, Unit 2, 8012 EJ Zwolle, the Netherlands and subject to VAT under the number 8614.75.586.B.01.
Client part of the Service – the software necessary for the User to participate in the Service, to be installed on the User’s device, if applicable. The Client part of the Service is installed by the User independently on its device. The Client part of the Service may be distributed by the COMPANY and/or its authorised persons, both via the Internet and on tangible media. The Client part of the Service distributed via the Internet is provided to the User free of charge, with the right to reproduce, unless this Agreement provides for otherwise. Copies of the Client part of the Service distributed on tangible media may be provided to the User for a fee.
EULA – this End User License Agreement, located at https://hipolink.net/user-agreement, a legal document determining the terms and conditions and procedures for the User’s use of the Service and all related services.
Service – the service known as “Hipolink”, accessible at https://hipolink.net.
To ensure the rights and obligations of the COMPANY and the User arising hereunder, the User may reproduce a set of data and commands on his/her device predefined by the COMPANY (‘Client part of the Service’, if it is provided for by the Service’s functionality), whereas a set of other data and commands (including non-activated) or all data and commands in the absence of the Client part of the Service are placed by the COMPANY on its servers. This is not applicable for the Service dedicated to mobile devices.
Materials – all content, information, and other materials within the Service, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code and object code), text, articles, pictures, information, data, music, sound files, photographs, titles, themes, objects, characters, character names, , a set of descriptions and images of the Service, concepts, artwork, animations, audio-visual effects, methods of operation, and documentation.
Support Service – the support service of the COMPANY that considers User requests sent through email@example.com.
Territory – territory where the Service is available use.
Unacceptable Content -–any kind of content or behaviour in connection with the use of the Service that is either illegal or unacceptable under the generally accepted moral rules, including, without limitation, the following examples:
(I) engaging in or contributing to any illegal activity or activity that violates others’ rights;
(II) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable and unacceptable;
(III) providing information that is false, misleading or inaccurate;
(IV) disclosing of any personal or proprietary information of another User or any other person or otherwise invading other person privacy;
(V) abuse, harassment, stalking, threats, flaming or intimidation of any person or organization;
(VI) profanity or use of derogatory, discriminatory, hatred or excessively graphic language;
(VII) any content that may harm minors;
(VII) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war;
(IX) offensive, vulgar, sexually explicit or pornographic content;
(X) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms;
(XI) transmitting software viruses, worms or any other kind of harmful software;
(XII) unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
(XIV) infringing any intellectual property rights, or unlawful provision/disclosure of information (insider information, confidential information, other proprietary or legally protected information);
(XV) other unacceptable content or behaviour.
User – shall mean an individual who meets all the criteria listed herein.
Website – https://hipolink.net, all and any websites of the Service and all domains and subdomains of the following levels.
2. GENERAL PROVISIONS
2.1 The availability of Service and features will vary between countries and not all Service or features may be available in the User’s country.
2.2 Any use of the Service except as specifically authorised in this EULA, without the prior written permission of the COMPANY, is strictly prohibited and may violate intellectual property rights and/or applicable laws. The COMPANY may terminate the licence granted to the User hereunder at any time, with a prior notice, including where the COMPANY reasonably considers that: (a) the use of the Service by the User violates this EULA and/or applicable law; (b) the User fraudulently uses or misuses the Service; or (c) the COMPANY is unable to continue providing the User with the Service due to technical or legitimate business reasons.
3. USER’S ACCOUNT
3.1 In order to use the Service, the User is required to create an Account following the instructions outlined on the Website or in the Service and, inter alia, fill in the registration form or create an Account using his/her social media account, or his/her account on a third-party platform.
When registering an Account, the User may fill in the registration form with the data he/she considers sufficient for his/her identification in the Service as a unique user, except for the mandatory fields of the registration form, filling in of which shall be obligatory for the User in order to use the Service.
The COMPANY, its affiliates and/or its partners may confirm the receipt of the User’s online application in order to create an Account electronically to the e-mail address or by SMS message to the telephone number provided by the User (not applicable to the Account created by the User using his/her social media account).
3.2 The User’s Account is for his/her personal, non-commercial use. The Users are informed and accept that the information provided when opening their Account is presumed to establish their identity. The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Account as soon as it is modified so that it always complies with these criteria. The User shall not share the Account or his/her login and password, nor let anyone else access his/her Account or do anything else that might threaten the security of the Account. The User shall maintain the confidentiality of his/her login and password.
3.3 In the event that the User becomes aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorised disclosure of his/her login and password, the User must immediately notify the COMPANY thereof and modify his/her login and password in case the Service has such a functional. In the absence of such prompt notification, the COMPANY cannot guarantee the safety of the User’s Account.
3.4 The User is forbidden to distribute, use, or deliberately obtain any information granting access to the Account of another User, as well as distribute links to third party resources containing such information. It is forbidden to use or attempt to use another User’s Account, inter alia, to log into the Account registered by another User in the case of receiving such information or by other means.
4. SUSPENSION, TERMINATION
4.1. If the Company reveals that either parental consent was not given by the parent/legal guardian of the User, or in case of failure of the User to provide the parental consent confirmation, the Company apply sanctions provided in this EULA.
4.2. The COMPANY has the right at any time, without notifying the User and without explaining the reasons, to suspend or terminate the EULA without compensation for any costs, losses or refunds received under the EULA, including if the User does not use his Account for 12 (twelve) months or more, as well as in in the event of any, including one-time, violation by the User of the terms of the EULA, including the Code of Conduct, unless otherwise expressly provided by applicable law. For the avoidance of doubt, in the event of suspension or termination of the EULA for the reasons specified in this paragraph, the User`s rights to any parts of the Service are terminated, and User’s information subject to deletion from the User’s account.
5. LIMITED LICENCE
5.1. From the moment of acceptance of this EULA by the User, the COMPANY grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable licence to install and use the Service in the Territory within the scope of its functionality and solely for personal and non-commercial use, and, in full compliance with this EULA and any other documentation accompanying, or being incorporated into, the Service.
5.2. The User agrees and acknowledges that any and all rights to intellectual property (including, without limitation, in the Service and any related Materials) belong to the COMPANY and/or its partners/affiliates (if applicable). Rights to intellectual property granted hereunder are licensed, but not sold.
5.3. The User is expressly prohibited to:
• sublicense, rent, lease, transfer, resell, gift, exchange, distribute, or otherwise use the Service or its copies and/or his/her Account as well as disseminate of information about the intention to perform the actions listed above by the User or any third parties;
• alter, merge, adapt, decompile, disassemble, modify, translate into other languages, or in any way change the Service or any of its components;
• create derivative works based on the Service;
• remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Service;
• use the Service in any manner that could interfere with, disrupt, negatively affect, or reasonably inhibit other Users from using the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner;
• use the Service in any way that breaches this EULA, any applicable local, national, or international law, or any other regulations and policies;
• use the Service for any purpose or in any manner that the COMPANY considers as a breach of this EULA and contact our Support Service for relevant clarifications.
5.4. No other rights to the Service or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.
6. USER CONTENT
6.1. By transmitting or submitting any User Content and/or any suggestions for enhancement or feedback regarding the Service, or any feedback that the COMPANY receives from the User within public/close tests or surveys (“Survey Data”), the User affirms, represents, and warrants that such transmission or submission is
(a) accurate and not confidential;
(b) not in violation of contractual restrictions, any applicable laws and regulations, or third party rights, and that the User has permission from any third party, whose personal information or intellectual property is in the User Content and/or Survey Data;
(c) such User Content is free of viruses, adware, spyware, worms, or other malicious code;
(e) the User grants the COMPANY and its affiliates a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, transferable, sub-licensable, limited right to use such User Content and/or Survey Data by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it; this license shall be deemed granted to the COMPANY for the entire duration of the intellectual property rights to such User Content and/or Survey Data from the moment the COMPANY acquires such rights, inter alia, from its affiliates.
6.2. The COMPANY reserves the right in its sole discretion, for justified reason, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content and/or Survey Data without notice. The COMPANY assumes no responsibility for the conduct of any User submitting any User Content and/or Survey Data and assumes no responsibility for monitoring the Service for Unacceptable Content or inappropriate conduct of the Users. The COMPANY does not, and cannot, pre-screen or monitor all User Content.
6.3. The COMPANY takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by the User or any third party, or for any loss or damage thereto, nor is the COMPANY liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity the User may encounter. The User acknowledges and agrees that his/her use of the Service and participation in public/close tests or surveys conducted by the COMPANY and/or its partners/affiliates (“Surveys”) are at his/her own risk. By using the Service, the User may be exposed to Unacceptable Content of other Users that is offensive, indecent, or otherwise not in line with his/her expectations. The User bears all risks associated with the use of any User Content of other Users available in connection with the Service. At the discretion of the COMPANY, its representatives or technology partners may monitor and/or record Survey Data and/or the User’s interaction with the Service or communications with other Users (including, without limitation, messages) when the User is using the Service. By entering into this EULA, the User hereby provides his/her irrevocable consent to such monitoring and recording. The COMPANY does not endorse any User Content and/or Survey Data or any opinion, recommendation or advice expressed therein, and the COMPANY expressly disclaims any and all liability in connection with User Content and/or Survey Data. Although the COMPANY has no obligation to screen, edit or monitor any of the User Content posted in any interactive area, and/or Survey Data, the COMPANY reserves the right, and has absolute discretion, the COMPANY has the right, in its sole discretion, to screen, edit, refuse to post, or remove any User Content and/or Survey Data at any time and for any reason without notice.
7.1. The COMPANY shall independently determine the fact of violation. In the case of violation of the EULA by the User, the COMPANY shall have the right to apply the following sanctions to the User, depending on the extent of the violation committed by the User and its adverse effects:
• issue a warning in any form, including by means of e-mail and/or a personal message sent to the User’s account;
• remove any User Content that violates any applicable law or breaches the EULA;
• rename, only of necessary (e.g. offensive name), User name, community, or page on the Service;
• temporarily restrict some features of the Account and/or forum account (if applicable);
• suspend access to one or more User Account(s) and/or his/her accounts on the forum (if applicable) in its entirety;
• temporarily restrict or permanently disable Service;
• limit the number of connections to the server, as well as the duration of each connection for a specific period of time;
• block IP addresses, MAC addresses, or proxies used to access the Service;
• delete his/her Account.
In addition, the COMPANY may take any of the measures listed above in this clause (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) the User have provided inaccurate, fraudulent, outdated or incomplete information during the account registration or thereafter, (iii) the User and/or User Content, at any time fail to meet any applicable quality or eligibility criteria, (iv) the COMPANY has received complaints about User’s performance or conduct, or (v) the COMPANY believes in good faith that such action is reasonably necessary to protect the personal safety or property of the COMPANY, Users, or third parties, or to prevent fraud or other illegal activity.
7.2. The COMPANY will make reasonable efforts to provide the User with explanation on what the terms of this EULA were violated by the User, as a result of which the sanctions were applied by the COMPANY. The COMPANY disclaims the obligation to present the User a documentary evidence of the violation.
7.3. The COMPANY shall be entitled to prohibit the User to register new Accounts in case of the violation of the EULA by the User. In case the COMPANY finds that such User has multiple Accounts, the COMPANY reserves the right to apply the foregoing sanctions to all Accounts of such User.
8. HEALTH OF USERS
The following precautions should be taken by the Users:
• Avoid playing if tired or short of sleep;
• Play at good distance from the screen;
• Play in a lit room and moderate the brightness of the screen;
• Take breaks of ten (10) to fifteen (15) minute every hour.
WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO SERVICE CONTAINING SUCH LUMINOUS STIMULATIONS; COMPANY HIGHLY RECOMMENDS THE USERS TO CONSULT THEIR DOCTOR BEFORE ANY USE OF THE SERVICE. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO SERVICE. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, THE USER MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR HIS/HER PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.
9. AUTOMATIC UPDATES TO THE SERVICE
9.1. In order to improve the Service, the COMPANY reserves the right to introduce automatic updates and changes into the Service so long as the User’s device is connected to the Internet, without the User needing to install the said updates and changes manually. User acknowledges and agrees that some updates and changes to the Service may lead to the system requirements increase. In order to ensure the efficiency of the mentioned updates and changes, and to enable the User to continue using the Service, the User hereby expresses their consent to the introduction of such updates and changes by the COMPANY. The User shall be solely responsible for ensuring that his/her device has sufficient system requirements and memory in order to use and store the Service.
9.2. This EULA applies to any automatic updates (additions, modifications) to the Service that are introduced by the COMPANY by means of the Internet and which are not accompanied by a separate licence or other agreement.
10. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE SERVICE MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE SERVICE, ACCORDINGLY USERS ACKNOWLEDGE THAT THE SERVICE ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE SERVICE CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE.
THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE SERVICE. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR SERVICE AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE SERVICE CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICE,
(C) ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE,
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
NEVERTHELESS, THE COMPANY LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE SERVICE BY THE USER.
THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING OR LAUNCHING THE SERVICE ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE ERRORS AND FAILURES IN SERVICE OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE SERVICE. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY’S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
12. DATA AND INFORMATION SECURITY
COMPANY is very concerned about the protection of personal data. The personal data collected by COMPANY in the context of the present document will be subject to automated processing in accordance with applicable law and the COMPANY’s personal data protection rules. All information collected as part of the provision of the service is recorded by COMPANY, which is data controller. It is essential for the operation of the services offered by COMPANY
In order to exercise one or more of his/her rights, the User must provide proof of identity and contact the person in charge of data protection at COMPANY (through our Support Service or writing to Assendorperdijk 134, Unit 2, 8012 EJ Zwolle, the Netherlands).
In the event of a complaint, it is possible to contact the authority of the User’s country of residence. If the User resides in France, he/she may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on https://www.bloctel.gouv.fr. Such User can also contact CNIL at https://cnil.fr.
12.2. The information submitted by the User in any way is to be accurate.
Although the COMPANY does its very best uses reasonable efforts to ensure the confidentiality of the data information and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, the User understands that no security measures is perfect and that it can be circumvented.
12.3. The User understands and acknowledges that, even after deletion of data, Survey Data and/or the User Content provided by the User, such data, Survey Data and/or User Content may remain accessible in the cache or Web archives, such data and/or User Content may also remain accessible in the search results of search engines, and may also be available to other persons if other Users have copied and stored the User’s data or User Content.
12.4. The COMPANY cannot control the actions of other Users with whom the User wants to share his/her account data (login and password). Therefore, the COMPANY cannot warrant that any User Content that the User posts in the Service will not be available for viewing by unauthorised persons.
12.6. The COMPANY may employ User authentication technologies, including using cookies, as well as employ these technologies for marketing purposes to study the Users’ preferences. With such authentication being anonymized and generalized, the COMPANY shall neither track the actions of, nor transfer information about individual Users. To the extent required for certain Service to operate properly and pursuant to applicable law, the privacy of correspondence shall be ensured with the User data kept confidential, unless otherwise provided by applicable law.
13. APPLICABLE LAW AND JURISDICTION
Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of England and Wales. All disputes arising out of or in connection with interpretation and/or execution of this EULA shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the User and the COMPANY fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the COMPANY’s place of location unless otherwise expressly provided by applicable law.
If the User resides in France, this EULA is subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.
In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr.
14.1. This EULA is effective from the moment the User first downloads, installs, or otherwise uses the Service and shall last until terminated in accordance herewith. The User may terminate this EULA at any time by uninstalling the Service. The COMPANY may terminate this EULA by notifying the User of termination by any means available to the COMPANY; in this case, the User shall immediately uninstall the Service.
14.2. The COMPANY may modify the functions and informational content of the Service, as well as any related Materials, at any time, at its own discretion without additional cost to the User. For instance, the COMPANY may add, amend, review effectiveness, delete or remove certain quantitative and qualitative features or attributes of the Service, Materials and their elements, in order to improve the user experience, make the Service more interesting and enjoyable, fix bugs and errors of the Service, make balance changes, etc. In case that would cause a reduction in the User’s rights, the COMPANY will notify the Users about such change in a clear and comprehensible manner reasonably in advance, in which case the notified User shall have the right to terminate the EULA free of charge within 30 (thirty) days of the receipt of the information or of the time when the Service, Materials and their elements have been modified by the COMPANY, whichever is later.
14.3 Unless such assignment is likely to result in a reduction in the User’s rights, the COMPANY may, at its sole discretion, at any time assign and/or delegate its rights and obligations under this EULA, or any part thereof, to any third party upon a transfer or sale of all or substantially all of its business to which this EULA relates to, whether by merger, sale of stock, sale of assets, or otherwise. In that case the COMPANY shall publish the amended EULA. The User’s rights and obligations arising out of this EULA shall be considered transferred to the assignee of the COMPANY at the moment of the aforesaid publication. The User’s rights and responsibilities hereunder are personal and non-transferable.
14.4. In case of termination of this EULA, Sections 11, 12, 13, 14, and 15 remain in force.
14.5. This EULA constitutes full agreement between the User and the COMPANY regarding the use of the Service by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of the Service.
14.6. If any provision of this EULA is or becomes illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of this EULA shall remain in full force and effect.
14.7 The EULA may be modified by the COMPANY at any time. Any amendment to the EULA shall be notified to Users. The User shall undertake to independently check the EULA with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account.
14.8. COMPANY reserves the right to revise the terms of this EULA, by updating the EULA at the Website, or by notifying the User by e-mail. The revised EULA comes into force on the date on which it is published. The User is advised to check the above website periodically for notices concerning such revisions. The User’s failure to take the actions of familiarising himself/herself may not be the ground for failure to fulfil the User’s obligations and the User’s failure to observe the limitations established hereby. The User’s continued use of the Service shall be deemed to constitute acceptance of any revised terms.
15.9. For the matters related to performance of this EULA and/or use of the Service, the User may contact the COMPANY through our Support Service.
Only the English version of this document shall have legal effect. Any translations of this document into other languages are provided for Your convenience only.
Appendix No.1 to the End User Licence Agreement
CODE OF CONDUCT (RULES)
This document is deemed an integral part of the EULA and regulates the rules of participation and the User’s conduct in the Service, restriction of the Users’ actions in the Service, the User’s liability for noncompliance with such rules and restrictions, and the COMPANY’s rights to take actions established by the EULA against the User and terms thereof. The full acceptance of these Service Rules and the assumption of their full compliance are mandatory conditions for the User’s participation in the Service.
The Rules are valid and establish the conduct of the Users in the Service and during the use of supporting Service services. Rules for participation and conduct are established to provide the most comfortable presence in the Service for each User. Noncompliance with the Code of Conduct may lead to restriction of features (in any form) or access to the User’s Account for a long period without compensation of the User’s costs (if any).
For violation of the Code of Conduct, the COMPANY may apply sanctions to the User as set forth in the EULA. By using the Service, the User expresses his/her trust in the COMPANY to make any decision related to the interpretation of and compliance with the Code of Conduct.
The COMPANY reserves the right to identify and locate all Accounts of the User, determined by the hardware properties, IP or other information, obtained directly or indirectly by the COMPANY and its affiliates as well as to expand the sanctions applied to one Account of the User to any or all of the Accounts of this User.
1.1. The User is forbidden from performing the following actions in the Service with his/her Account: selling, purchasing, exchanging, transferring, gifting, as well as distributing information regarding the intent to perform actions indicated by the User himself/herself or by any third party.
1.2. The User is forbidden from using (including blurred, hidden with special symbols, for instance, #$%) the following designations as the name of the Service account:
1.2.1. offensive or rude words, inciting words of a discriminatory character, swear words and phrases, expletives in any language, composed of letters of any alphabet;
1.2.2. proper names and other words and phrases used in religions or cults, which may insult the feelings of believers (using such common religious concepts (except for proper names) as “paradise”, “hell”, “angel”, “devil”, “voodoo”, etc. in the User Content;
1.2.3 names of historical figures and politicians;
1.2.4. words and phrases that are directly or indirectly related to drugs and the means of their preparation, use, and acquisition;
1.2.5. words and phrases that may mislead other Users that the User, registered under such a name, is a representative of the COMPANY or otherwise has a direct or indirect relation to it, or has any rights of administration of the Service;
1.2.6 unpronounceable letter combinations;
1.2.7. words and phrases that contain advertisements for goods or services, including any domain names and trademarks;
1.2.8. words and phrases that violate the rights of third parties (including, but not limited to, intellectual property rights) or the requirements of the applicable law.
Should specific phrases or words be ambiguous, in order to avoid disputes, the User is encouraged to first contact the COMPANY via our Support Service to receive an official response from the COMPANY on their admissibility.
2.1. The User’s Account is for his/her personal, non-commercial use. The User is forbidden to perform the following actions in the Service with his/her Account: sell, purchase, exchange, transfer, gift, as well as distribute information regarding the intent to perform these actions indicated by the User himself/herself or by any third party.
2.2. The User shall not share the Account or his/her login and password, nor let anyone else access his/her Account or do anything else that might threaten the security of the Account. The User is responsible for maintaining the confidentiality of his/her login and password, and the User will be solely responsible for all use of his/her login and password, including any purchases or other changes to the Account, whether they were authorised by the User or not. The User is responsible for anything that happens through his/her Account. The COMPANY will not be responsible for anything that happens through or to the Account as a result of the User allowing any third party to access his/her login and password and/or Account.
2.3. In the event that the User becomes aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorised disclosure of his/her login and password, the User must immediately notify the COMPANY and modify his/her login and password. The COMPANY cannot guarantee the safety of the User’s account in the absence of such prompt notification.
2.4. The User is forbidden from distributing, using, or deliberately obtaining any information that grants access to the Account of another User in the Service, on the website of the Service, Service forums, the Service’s supporting services, and also from distributing links to third-party resources that contain such information. The User is forbidden from using or attempting to use another User’s Account without authorisation from that User and the COMPANY, inter alia, to log into the Account registered by another User in the case such information was received by other means.
2.5. The COMPANY reserves the right to prescribe that the User is only permitted to participate in the Service with one Account (“prohibiting multi-accounts”). Breaching of the prohibition on multi-accounts and/or the prohibition on data exchange may lead to the deletion of all Accounts of that User.
3. NO SELLING THROUGH COMPANY
The User is forbidden from performing or encouraging the following actions in the Service: selling, purchasing, or exchanging valuables through Company, including cash and other means of payment, items, services, and obligations. The Company does not participate in any such operations that may appear between the User and any third party.
4.1. The User is forbidden from creating and/or using bots in the Service (third-party software that makes it possible to automatically control characters/the Service), from using other software, technical and/or other means, capable of altering the process uncovered by the Service script, from simulating the actions of Users in the Service and/or ensuring knowingly non-competitive advantages for the User in the Service.
4.2. The User is forbidden from performing any actions that impede or prevent other Users from accessing the Service or the COMPANY from fulfilling his/her obligations. It is forbidden to create obstacles for other Users in the Service that are not covered by the process and to perform any actions that interfere or disrupt the Service, servers, or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
4.3. The User is forbidden to directly or indirectly disable or otherwise impede the work of programs for detecting and preventing the use of software or hardware resources of third parties, giving the User an unintended advantage in the Service.
4.4. The User is forbidden from using and distributing information, calling for the use of, or publicly propagating any errors, both in-Service and of any supporting software. In the event that the User detected such errors in the Service, he/she shall discontinue taking advantage thereof and report these errors to the COMPANY through our Support Service from the moment such errors were detected, describing true to fact and in detail all circumstances of such detection and use.
4.5. The User is forbidden to decompile, decode, and reverse engineer data, to bypass data security systems, to crack or attempt to crack the software components of the Service or its services, and/or to intercept the data going to or from the server. The following is forbidden: (inter alia) any modification, change, decompilation, decoding, sale, or distribution of modified materials of the Service as a whole or in parts (or the means and materials required for performing such actions), using programming errors, making changes in the program code, and obtaining unauthorized access to the server and database of the Service. In certain specific cases, the COMPANY has the right to immediately suspend the User’s access to the Service and to request appropriate authorities to prevent any breach of EULA and/or applicable law provisions.
4.6. The User is prohibited from performing or encouraging the following actions in the Service: rendering fee-based services to other Users without involving the COMPANY as intermediary (for example, facilitating access to raids or covert operations, or power-levelling on ladders of rating matches), or availing of the services above, as well as announcing and communicating his/her intention to perform these actions, should such services be rendered in exchange for values other than Service-specific ones, including cash and other means of payment, items, services, obligations.
5. UNACCEPTABLE CONTENT
5.1. The COMPANY reserves the right to provide its own linguistic evaluation of the compliance of any phrases and words with these Service Rules. In the case of multiple meanings of exact phrases or words, and to avoid controversial situations, it is necessary to send a preliminary request to the COMPANY through our Support Service to receive an official response as to the appropriateness of their use.
5.2. The User is forbidden from spreading rumours, slandering, or defamatory information regarding the COMPANY, other Users, the COMPANY’s affiliates, services, promotions, events and the Service in general.
5.3 The User is forbidden from using any words and symbols that are profane, offensive, provoking, promotional, or not applicable to the Service in any form.
5.4. The User is forbidden from using profane or offensive words within the Service, common channels, and services of communication, informing several Users simultaneously, forbidden from threatening violence or physical altercation, promoting drugs, pornographic materials, or third-party resources that contain such materials that are publicly available, and forbidden from spreading propaganda of racial, national, religious, cultural, ideological, gender, language, or political intolerance within all channels and types of messages, with no exceptions, as well as from encouraging such actions and expressions from other Users.
5.5. The User is prohibited from establishing, recruiting to or otherwise supporting player communities whose ideology implies religious, ethnic, gender discrimination (or whose ideology tends to share similar attitudes), based on nationalist, racist or sexist beliefs.
5.6. The User is forbidden from publishing information (links, tags, microblogs, descriptions of methods, etc.) or uploading files containing malware (viruses, Trojans, etc.), corrupted, or modified files or data, or other similar software causing damages to the Service, and from disrupting operation of other devices, and the means of communication or integrity of other Users’ Accounts.
5.7. The User is forbidden from sending spam (informational links and announcements not related to the Service), “floods” (multiple repeat, reproductions, copying, etc. of information) in any form of the Service’s informational services (chats, private messages, letters, advertisement boards, etc.), as well as from using the Service for the purposes of organising illegal or non-related to Service activity.
5.8. The User is forbidden from performing any promotional announcements in any form, including reproduction of any links to Internet pages within the Service without the preliminary approval of the COMPANY.
5.9. The User is forbidden from using any informational services of the Service to distribute information regarding political parties, public and religious organisations and movements, as well as from regarding their promotions, actions, demonstrations, etc., and from calling for participation in them or bringing similar activities in either form into the Service that deliberately provoke disputes and conflicts between other Users.
5.10. The User is forbidden from acting within the Service communication methods (chat, mail, notifications) in a manner that may mislead other Users that the User, registered under such a name, is a representative of the COMPANY or otherwise has a direct or indirect relation to it, or has any rights of administration of the Service.
6. USER INTERACTIONS
6.1. The User shall respect the rights of other Users to participate in the Service, and shall by no means create situations, in which other Users’ rights in the Service may be violated and/or restricted. The COMPANY reserves the right to provide its own legal evaluation of the actions and the compliance of the situation with this clause.
6.2. The User is solely responsible for his/her interactions with other Users of the Service. The COMPANY reserves the right, but has no obligation, to become involved in any way with these disputes. The User shall fully cooperate with the COMPANY to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting the COMPANY access to any password-protected portions of his/her Account.
7. OTHER TERMS
7.1. The User is forbidden from using any data mining, robots, or similar data gathering or extraction methods.
7.2. The User is forbidden from offering arguments such as “in conformity with the role”/“role-play” in defence of illegal actions of any kind.
7.3. The User is forbidden from deliberately submitting false information in the case of contacting the COMPANY through our Support Service and is also forbidden from falsifying data that they submit.