END USER LICENSE AGREEMENT
Effective Date: March 29, 2021
1. Introduction and Scope
BY DOWNLOADING, INSTALLING, COPYING, USING OR OTHERWISE ACCESSING THE GAME AND ANY OF ITS PARTS, INCLUDING PARTICIPATING IN THE GAMING PROCESS YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE GAME.
If you do not agree with the entire Agreement you have no right to use the Game and its services and must leave the site immediately.
This End User License Agreement (“EULA”) constitutes and governs the contractual relationship between the parties; REACTGAMES STUDIO LIMITED, a company duly registered under the laws of Cyprus bearing registration number HE 411047, and having its registered address at Tepeleniou, 13, TEPELENIO COURT, 2nd floor, 8010, Paphos, Cyprus (hereinafter referred to as “Company”); and you, as the user, hereinafter referred to as “You” or “User”.
This pre-release version of the Game and any software programs or files that are provided to you (via on-line transmission or otherwise) (collectively, “Software”), as well as any online or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software are the copyrighted work owned by the Company. The Game is distributed solely for use by authorized individuals who have received prior authorization from the Company for purposes of testing the Game in accordance with the terms of this EULA. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of this Agreement is expressly prohibited. Tester Accounts are non-transferable under any circumstances.
By opting in to the Test, You agree that: (i) beta testing is at Your own risk and that You know that the Software and/or Test materials may include known or unknown bugs, (ii) any value or virtual property that You achieve through gameplay may be erased at any time, (iii) the Company has no obligation to make the Game available for play for any period of time, nor to make them available at all, and (iv) this Agreement will apply to Your use of the Software and Game during the beta testing phase.
As part of the Test, You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Game (“Feedback”). You hereby grant the Company the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (1) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any Company’s product, technology, service, specification or documentation; (2) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (3) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.
2. Documents forming part of this EULA
2.1. The hereunder list of documents form an integral part of this EULA:
You must also accept and comply with all rules of external platforms applicable to the Game, including but not limited to, App Store and Game Center rules, and Google Play rules. Any breach of any rules of the external platforms shall also be regarded as a fundamental breach of the EULA by you.
3.1. The following words and terms, should be interpreted as follows, unless the context clearly implies otherwise, and shall apply to all the sections of this EULA and to every document forming part of this EULA:
“Account/ User’s Account” shall mean a personal account opened by the User and maintained by the Company, which shall contain account information.
“Agreement’’ shall refer to this EULA, including all documents forming an integral part of this EULA and also other rules and instructions placed by the Company on the Internet Site or sites of the Company’s partners.
“Digital Content” shall refer to (i) Virtual Currency; (ii) virtual in-game items; (iii) other in-game services, purchased with “real-world” money on a basis of a limited, simple, non-exclusive, non-transferable, non-sublicensable and revocable license
“Company” shall refer to REACTGAMES STUDIO LIMITED, a company which is owner of exclusive rights to the Game and registered in Cyprus with company number HE 411047, having its registered address situated at Tepeleniou, 13, TEPELENIO COURT, 2nd floor, 8010, Paphos, Cyprus.
“EULA” shall refer to this End User License Agreement.
“Game” shall refer to the mobile game ‘Days After’, including all its components, game services, applications, Virtual Currency, Digital Content, themes, objects, virtual items, characters, character names, stories, catch phrases, concepts, images, sounds, animations, audio-visual effects, client software, sites, computer programs, chat, forum, official communities on social networks, and all content and any web resources that are available on the Internet Site or on external platform, including but not limited to App Store and Google Play.
“Internet Site” shall mean the totality of all the Materials and web-resources located on the domain name http://days-after.com/.
“License” shall mean a simple non-exclusive and revocable license which the Company grants to the User for the personal and non-commercial use of the Game.
“Material(s)” shall mean the different objects in the form of texts, drawings, images, sounds, programs, commands, names, subjects, stories, dialogues, phrases, concepts, illustration, animations, sounds, musical compositions and effects, documentation, game chats or any other form, and include any other derivative material placed in the Game by the User or the Company.
“Minor/s” means individuals who are under the age of 18 and/or who have otherwise not yet reached the age of majority as established under the laws of their country of residence, and who have registered with the Game and in whose name an Account has been opened.
“Online Facilities” shall collectively mean the Account, the Game and the Internet Site.
“Parties’’ shall collectively mean the User and the Company.
“Payment’’ shall mean the fees paid by the User to Payment Agents to avail himself of the Digital Content requested.
“Personal Information” shall mean any information relating to an identified or identifiable natural person.
“User’’/“You/r’’ shall mean the individual who has accessed the Internet Site and plays the Game and/or its trial versions and/or uses the Online Facilities, Game services, Materials, other services.
“Privacy and Cookies Policy” refers to the document covering Users’ personal data processingand the storage of cookies.
“Service’’ shall mean the granting to a User of the right to use the Game both on free, and on paid basis, on terms of the simple non-exclusive and revocable license, to the extent and under the conditions provided by the EULA.
“Software” shall mean the software licensed by the Company including all programs and databases and any other derived content which may require download, whether accessible or otherwise used by the User through the Internet Site or any external platform such as the App Store and Google Play and allowing the User to participate in the Game.
“Use of the Game’’ shall mean all authorized and possible types of use of the Game, which shall include Game initiation by Users and/ or use of technical possibilities of the Game on a free and on a paid basis and/ or Game installation and/ or any other actions necessary for the operation of the Game.
“User name” shall mean the nickname chosen by the User on Account registration.
“Virtual Currency” shall refer to in-game currency which may be availed of by the User on paid basis according to Section 14 of the Agreement.
Other terms, definitions and word combinations used in the Game shall have the meaning and interpretation that established practice has assigned to such terms, definitions and word combinations at work in the field of Internet technologies, digital gaming and according to the Governing Law.
4. Amendments to this EULA
4.1. The Company hereby reserves the right to suspend, add, end, amend and/or supplement this EULA together with the documents forming an integral part of this EULA at any time as the Company may deem appropriate, provided the prior notice as follows: the Company will post updated version of this EULA on the Internet Site, and/or within the mobile application, and/or the Company will inform you of the particular changes in advance via e-mail or provide other sufficient notice as the Company may elect in its sole discretion no later than the day when such changes shall come into effect. Any changes will enter into force from the moment of making the corresponding changes and the posting of the updated version on the Internet Site. You shall be deemed to have accepted these changes (i) unless you have notified the Company of your objection to such changes within ten (10) calendar days from the moment of receipt the notification from us, or (ii) if you use the Game or the Internet Site after the changes have entered into force.
4.2. In case you object to any changes the previous version of the EULA shall continue to apply. However, in that case the Company will have the right to close your Account and terminate these EULA Terms with fourteen (14) calendar days’ notice. In case the Company decides to close your Account, upon your request the Company will reimburse payments for Digital Content purchased, which by the time of effective termination (i) have been purchased and applied to the account and (ii) have not been redeemed in the Game already.
4.3. The Company highly recommends that from time to time the User revises this EULA in order to have knowledge of any modified version of this EULA.
4.4. The Company is under no obligation to verify whether the User uses the Game and/ or Internet Site according to the updated version of this EULA. Save for the above, the version posted on the Internet Site is the effective version, and that which the User should use as reference. It is the User’s responsibility to inform himself of this EULA, as well as being familiar with any modifications that affect the User and/or will and/or might affect the User.
5. Grant of License
5.1. Subject to the terms contained herein, the Company hereby grants the User a non-exclusive, non-transferable, limited, revocable license relating to use the Game for the User’s personal and non-commercial purpose by downloading, installing and playing the Game.
5.2. The Company reserves all rights in the Game and has the right to use the Game independently and to provide licenses for use to other persons.
5.3. The User hereby acknowledges that the Game is being licensed only to the User and that the User shall not transfer and/or assign this License to any third party.
5.4. Transfer of the exclusive right to the Game to a new owner is not a cause which shall necessitate the amendment or cancellation of this EULA.
6. License Limitations
6.1.Any use of the Game in violation of this EULA or any other documents forming an integral part of this EULA, and rules of applicable law is strictly prohibited, and can result in the immediate revocation of your limited license and may subject you to liability for violations of the law.
6.2. You hereby acknowledge and agree that you will not under any circumstances:
6.2.1. Copy, adapt, create derivative works of, display, distribute, lease, loan, modify, rent, sublicense, translate and/or transfer the Game without obtaining the Company’s prior written consent.
6.2.2. Reverse engineer, decompile, disassemble, prepare derivative works based on, derive source code from, reverse engineer and/or attempt to reverse engineer software, make other actions with the object code or source code of the Game, violate any protection system, perform illegal use of the Game and obtaining information about realization of algorithms used in the Game, create derivative software products by using the Game without written consent of the Company to the extent that such actions are not allowed by compelling applicable laws.
6.2.3. Derive code, nor attempt to derive code from any packet stream transmitted to or from the Game, whether encrypted or not.
6.2.4. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Game or any game experience.
6.2.5. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any game environment.
6.2.6. Make available through the Game any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company employee
6.2.7. Transfer and/or assign this License to any third party.
6.3. The Company reserves the right to determine what conduct it considers to be in violation of the EULA. Company reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Game in whole or in part.
7. Intellectual Property Rights
7.1. The Company (or its affiliates as the case may be) is the sole and exclusive Licensee of the Game, as well as of all the Digital Content and Material(s) and of all the other property available in or in connection with the Game that is covered by the relevant copyrights, patent rights, know-how, trademarks and other proprietary and intellectual property rights and of any other material generally found in the Game and Online Facilities.
7.2. All logos, trademarks and service marks that appear in the Game are the property of their respective owners and all rights in them are reserved. You may not use or display such trademarks in any manner, except as expressly set out in this EULA.
8. User Materials
8.1. The User may also send User-created Materials to the Company, to place these Material(s) within certain parts of the Game, on the Site and in other game services, provided the User has all the necessary rights to these Materials, and that he shall be solely responsible for any Material placed therein, and the User hereby accepts to be solely held liable for any damages which might arise in connection with any of these Material(s) to the extent that such damages are caused by the User. The User confirms that he has all the required rights to such Materials and that he is completely responsible for the placement and use of such Materials. Section 19 relating to the Parties liability under this EULA shall remain unaffected hereby.
8.2. Placing Materials, site links in Game by Users or the third parties does not mean that the Company has reviewed, verified or approved such placing, nor that it recommends it. The Company doesn't bear any responsibility for the content of such Materials and sites, nor for any direct or indirect damage caused by the usage of such Materials or sites. Section 19 relating to the Parties liability under this EULA shall remain unaffected hereby.
8.3. The User hereby grants the Company the worldwide, non-exclusive, irrevocable, royalty-free right to use the Material(s) that the User has placed in the Game or has sent to the Company (including for participation in a contest). The right to use the Materials includes the right to place, modify, adapt, transfer or sublicense to third parties, create derived Materials, redevelop Materials, distribute, delete, reproduce, show publicly, make available to the public and effect any changes, reductions, additions, comments, explanations to the Material, to publish Materials, to use Materials and/or otherwise without specifying the User and without granting any royalty or other compensation.
8.4. Any use of intellectual property objects placed in the Game, on the Site or other game services, entirely or in parts, without the prior consent of the Company is forbidden, except in cases where the Company explicitly expressed the consent to use of the Material(s) by other persons.
8.5. The User confirms that he will not create any works based on the Game or on the Materials, except for cases established by the Company.
8.6. The Company provides to the User a non-exclusive and non-transferable right to use the Materials of other Users by viewing, reproduction (including making copies), processing (including printouts of copies) and other rights only for the purpose of non-commercial use of Materials, except cases when such use can harm the legally protected interests of the Company, use of the Materials in other products, use of the Materials for non-personal purposes and etc.
9. Company’s rights and obligations
9.1. The Company shall be entitled to take any action necessary against any User(s) who violate the terms of this EULA and/or documents forming part of this EULA including the restriction and blocking of access to the Game. Such actions shall be taken at the Company’s sole discretion.
9.2. The Company shall be entitled to remove and/or change any information, content and Material(s) which forms part of the Game and/ or Online Facilities without any prior warning or notification.
9.3. The Company is entitled to close and/or to limit the functionality of the Game and/or game services at any time convenient to the Company, without the prior or following notice to the User. The Company has the right to automatic updates to the Game.
9.4. The Company is entitled to change the quality and the amount of Services granted unilaterally, at any time and in any extent and volume and if there is any material and/or repeatedly breach of this EULA or the Game Rules, the Company shall have the right to stop such Service rendering without the prior and/ or following notification to the User.
9.5. The Company shall be entitled to unilaterally terminate this EULA granted herein and to desist from offering the Game to the User at its sole discretion and without prior notice and without returning any payments to the User except those cases stated in clause 4.2.
9.6. The Company doesn't bear any responsibility for any direct or indirect damage caused as a result of the use or inability of use of the Game, game services or information about the Game, as well as in connection with the third parties actions, including other Users of the Game. Section 19 relating to the Company’s liability under this EULA shall remain unaffected hereby.
10.1. The Game and all other Material(s) provided in connection therewith, is provided on an ‘as is’ basis, including any faults and without any warranty of any kind. The User shall bear all risks associated with the access and/or playing of the Game as well as with the use of the Online Facilities.
10.2. While all efforts are made by the Company to have the Game and the Online Facilities available at all times, the Company does not warrant and/or guarantee that the Game and the Online Facilities will be always available or that User will not encounter any faults. Section 19 relating to the parties’ liability under this EULA shall remain unaffected hereby.
10.3. IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
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 GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME 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 GAME, 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.
11. User Communications
11.1. You may make use of the forum, real-game interactive chat (“Chat”) and/or community services offered by the Company. These are intended to offer a fun and pleasant experience. As these communication tools do not constitute an electronic communication service (in legal terms), messages sent using them should not be considered private or personal. So that we can provide a fun, safe and lawful environment for all our players, we have a policy of storing and reviewing both sent and received in-game chats and other messages. Therefore, any abusive and obscene language is not tolerated, and Users who insist on using offensive and/or obscene language will have their chat privileges revoked and any Account cancelled.
11.2. You are aware that when you are posting or uploading any Personal Information within the communication services, such content will become public and accessible by other Users. The Company does not endorse in anyway such content and shall not be responsible for any damages arising from the publicizing of such information. Users should be aware that information which they post on the Internet Site may also affect their life offline.
11.3. You are solely responsible for your communications with other Users. If you have dispute with one or more users, you release the Company (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
11.4. Chat messages are only available to User(s) in real time. Once these messages disappear from the chat window, they will no longer be available to the User(s).
11.5. By accepting this agreement, you agree that the Company shall have the right to (i) store in-game chats and other messages you send or receive on the Site or through the Game, and (ii) review such in-game chats and other messages to investigate potential violations of the law, and/or the End User License Agreement.
11.6. The Company will only use the information contained in the stored in-game chats and other messages for the purposes of investigating and acting on such violations.
Therefore the Company may —but is not obliged to— maintain backup copies of in-game chats or any information posted on the Internet Site. The Company reserves the right to impose a limit on the maximum storage capacity for each User.
11.7. The Company reserves the right to delete, move or edit, at its sole discretion, public content that it deems to amount to offensive behaviour or to be in violation of any laws and/or regulations and/or the Game Rules. The User shall remain solely responsible for the content posted within the Game on the Internet Site. Failure by the Company to remove particular material shall in no circumstance be constituted as an endorsement or acceptance of it by the Company. Without limiting any of the foregoing paragraphs of this section, the User acknowledges and agrees that the Company is not responsible for any Chat messages, and is not liable for any injury or damages that may result from the User’s use of Chat. The User understands that the Company neither claims to, nor does, monitor all Chat messages made on, or in connection to, the Game. The Company does not endorse any Chat messages nor do Chat messages reflect the views or opinions of the Company. The Company cannot guarantee the authenticity of any Chat messages or any data that Users may provide about themselves.
12. Login information and Your Account
12.1. You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event that you become aware of —or reasonably suspect— any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify the Company and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
12.2. A User may be granted the right to choose a Username. The Company reserves the right to deny and/or retract, for whatever reason deemed necessary by the Company, any Usernames, whether before, during and after these names have been issued or validated.
12.3. The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
12.4. The Company strictly prohibits the User from selling, transferring and/or acquiring Account(s) to or from other Users and third parties. The User is prohibited from transferring virtual property amongst different User Account(s), except for cases directly provided by the Company or this Agreement.
13. Fraudulent Activity and Misuse of the Game
13.1. The Company has a zero tolerance policy towards inappropriate play and fraudulent activity and it prohibits all User collusion. If, in the Company’s sole determination, the User is found to have cheated or attempted to defraud the Company or any other User of the Game in any way including, but not limited to, game manipulation or payment fraud, User collusion or if the Company suspects the User of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), the Company reserves the right to block the User’s Account and to share this information (together with the User’s identity) to any other third party and/or law enforcement agencies that the Company deems fit and required in order to protect and defend its legitimate interests.
13.2. The Internet Site and/or the Game and/or the Software may only be used for lawful purposes in accordance with this EULA. Use of the Game for transmission, distribution, publication or storage of any material on or via the Game or Online Facilities that is in violation of any applicable law or regulation or any third party's rights, is strictly prohibited. In the event of misuse and/or the abuse of the Internet Site and/or the Game and/or the Software, the Company reserves the right to block the Account of the User in question until the matter between the Company and this User is resolved, and to pursue any other legal remedy the Company may deem fit. In case of material and/or repeat violations the Company reserves the right to terminate the EULA and permanently block the user account. Termination may then lead to the loss of all acquired scores, performance and additional functionalities as well as Virtual Currency and all the rest Digital Content that have been assigned to the concerned user account, without any reimbursement.
14. Digital Content
14.1. You can participate in the Game without paying any registration fee. However, if available You may avail yourself of Digital Content in the Game by purchasing with “real-world” money of a limited, simple, non-exclusive, non-transferable, non-sublicensable and revocable license to use (i) Virtual Currency; (ii) in-game virtual items; (iii) other in-game services.
14.2. IF YOU ARE PLAYING OUR GAMES ON EXTERNAL PLATFORMS SUCH AS APP STORE OR GOOGLE PLAY, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THOSE THIRD PARTY PLATFORMS. THE CHARGING AND BILLING IN SUCH GAMES ARE SUBJECT TO THE RULES OF THOSE PLATFORMS. THE COMPANY DISCLAIMS ANY LIABILITY OF ANY NATURE FOR THE ACTIONS OF SUCH PLATFORMS.
14.3. The Company does not allow any transfer or exchange of virtual property/Digital Content outside the Game except where expressly authorized by the Company. Other than as expressly authorized by the Company, you shall not sell, purchase, redeem or otherwise transfer virtual property or Digital Content to any person or entity, or attempt any of the aforesaid.
14.4. The User may purchase Digital Content only if
(a) either over the age of eighteen (18) or who have otherwise reached the age of majority as established under the laws of their country of residence or, if under the age of eighteen (18), that the User’s parent or guardian has agreed to and accepted the respective purchase and these EULAs and additional terms on the User’s behalf;
(b) the User is the authorised Account holder for the User Account from which he is subscribing to the Services;
(c) the User is authorised to use the particular credit card or other accepted method of payment;
(d) all information that the User submits is true and accurate (this includes, without limitation, his credit card number and its expiration date, so it is important to keep these details updated); and
(e) the User agrees to pay all the fees that he incurs, unless and until he closes his account Account and terminates these EULAs in accordance with the terms of these EULAs.
14.5. Any applicable fees and other charges on the User’s Account for Digital Content provided by the Company are NOT REFUNDABLE, except as set forth in the terms of these EULAs, or as it is required under the applicable law. The User further acknowledges that purchased Digital Content, including but not limited to Virtual Currency, are for use in the Game and that Virtual Currency or other Digital Content are not redeemable for money or monetary value from the Company or any other person or entity. Neither Digital Content nor Virtual Currency have an equivalent value in real currency and do not act as a substitute for real currency. Neither the Company nor any other person or entity has any obligation to exchange Digital Content or Virtual Currency for anything of value including, but not limited to, real currency.
14.6. The User acknowledges and accepts that the Game is not a game of chance, a game for money, a contest or a bet. The purchase of a Digital Content is the realization of its own will and desire and is not necessary for the use of the Game according to this Agreement.
14.7. Listing and pricing of any Digital Content is at the Company’s sole discretion and can be changed at any given time.
15. Information concerning the exercise of the right of withdrawal (For European Union Users only)
15.1. Right of withdrawal. You may withdraw from this Agreement within 14 calendar days of the conclusion of the contract without giving any reason. The withdrawal period will expire after 14 calendar days from the day of the conclusion of the contract. To exercise the right of withdrawal, You must inform us of Your decision to withdraw from a contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to the following address:
REACTGAMES STUDIO LIMITED
TEPELENIO COURT, 2nd floor
You may use the model withdrawal form You find it here, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.
15.2. Effects of withdrawal. If You withdraw from a contract, the Company shall reimburse to You all payments received from You under this contract, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which the Company is informed about Your decision to withdraw from this contract. The Company will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.
If You requested to begin the performance of services under a contract during the withdrawal period, You shall pay the Company an amount which is in proportion to what has been provided until You have communicated to the Company Your withdrawal from that contract, in comparison with the full coverage of these services under the contract.
You lose Your right of withdrawal, insofar as the contract is a service contract, after the service has been fully performed and if the performance has begun with Your prior express consent, and with the acknowledgement that You will lose Your right of withdrawal once the service has been fully performed by the Company.
You lose Your right of withdrawal insofar as the contract comprises the supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and Your acknowledgment that You thereby lose Your right of withdrawal.
Therefore, you will not be eligible for a refund (or any alternative remedy) unless the digital content is defective, unavailable, or doesn’t perform as stated.
16. Safety of Minors
16.1. The Company warrants that it is committed in ensuring the safety of Minors. The Company advises the parent(s) and/ or legal representative(s) of the Minor to spend more time with their children while they are on the Internet and to keep control on the use of the Game, the Internet Site, the Account, any means of communication and/or any payment for services available.
16.2. THE GAME IS INTENDED ONLY FOR USERS WHO ARE 13 YEARS OF AGE OR OLDER. The Game is not targeted towards, nor intended for use by, anyone under the age of 13. If you older than 13 years of age, and under the age of 18, you may use the Game only under the supervision of a parent or legal guardian who agrees to be bound by this EULA and any additional terms contained in related documents. By using and access the Game, you hereby acknowledge, represent and warrant to the Company (a) you are at least 18 years of age, that you possess the legal right and ability to consent to this EULA, and that you will use the Game in accordance with this EULA; or (b) that, if you are under 18 years of age, that you are 13 years of age or older, that you have your parent’s or legal guardian’s full consent, agreement and acknowledgement to use and access the Game, and they represent and warrant, on your behalf, that they possess the legal right and ability to consent to these EULA and do so on your behalf. The Company may delete any User account and terminate access to the Game without warning if the Company believes, at its sole discretion, either that a User is under the age of 18 but does not have a parent’s or legal guardian’s permission to access the Game, or that a User is under the age of 13.
16.3. If the User is between the ages of 13 and 18, his parent or legal guardian will need to complete the registration process to register the User’s Account with the Company on his behalf. Provided that in such cases, the User’s parent or legal guardian hereby accepts that s/he is taking full responsibility for all the obligations arising out of this EULA and for any other activities of such User which are related to the use of the Game, the Internet Site and/or Account, including any indirect use and including any payments which may be effected using the Login and/or the Account.
16.4. The Company reserves the right to request documentation from the parent or legal guardian of User between the ages of 13 and 18, requesting any other written confirmation that the Company deems necessary for such User to play the Game or make payments on the Internet Site.
16.5. If necessary, the parents or legal representatives of the children may use special programs to limit children's access to certain services that will help make the Internet space safer for children.
17. Epilepsy Warning17.1. 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 (display) images or playing certain 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 game and consult your doctor. Please also note that when using a 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 a reasonable distance from the screen, and playing the game in a well-lit environment.
18. Limited Warranties
18.1. The Game and all other Material(s) provided in connection therewith, is provided on an ‘as is’ basis, including any faults and without any warranty of any kind. The User shall bear all risks associated with the access and/or playing of the Game as well as with the use of the Game. The Company may at any time, without prior notice to the End User, unilaterally restrict, expand, supplement or modify the Game, any of its elements and parts. Such modification may, in particular, be an improvement or modification of the gameplay or the addition of new data and commands to the Game ("features"), which may lead to the termination or suspension of the rights to use certain game elements and rights to Digital Content.
18.2. While all efforts are made by the Company to have the Game available at all times, the Company does not warrant and/or guarantee that the Game or any Materials will be always available or that the User will not encounter any faults. Section 19 relating to the parties’ liability under this EULA shall remain unaffected hereby.
18.3. The Company does not warrant and/or guarantee the unerring and uninterrupted functionality of the Game; nor does it warrant and/or guarantee that the Game will conform to the User’s expectations and also doesn't give any other warranties and/or guarantees that are not specified (fixed) in this EULA. The User hereby accepts that the Company shall not be held responsible for any direct or indirect damage causing impossibility to make use of the Game. Section 19 relating to the parties liability under this EULA shall remain unaffected hereby.
18.4. 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.
19. Responsibility and Liability of the Parties, Indemnification of the Company
19.1. The Company shall be liable as follows: In cases of intentional or gross negligent acts, malicious actions, as well as claims based on damage to life, body or health, the Company’s liability will be determined exclusively in accordance with statutory law. In cases of slight negligence, the Company will only be liable if the Company is in breach of such contractual obligations, the fulfilment of which allows for the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which the User may constantly trust in (so-called "cardinal obligations"). In such cases, the Company's liability will be limited to typical and foreseeable damages. In all other cases, the Company shall not be liable for slight negligence.
19.2. Save for the aforesaid Section 19.1, the Company shall in no way be responsible for any loss or damage, direct or indirect, that the User or a third party might have suffered as a result of the User’s use or the third party’s use of the Internet Site, the Game and /or the Online Facilities including but not limited to damages caused by inability to use the Game and the Online Facilities, direct or indirect damages arising out of third party actions, including other users of the Game, lack of access to internet, theft, destruction of Materials, loss of information related to the User’s Account and any harm to the User’s honour, dignity and business reputation arising in connection to the Game.
19.3. Neither party hereto shall be liable to the other in respect of anything which, apart from this provision, may constitute breach of this EULA, save for Section 19.1 above, arising by reason of force majeure, namely circumstances beyond the control of either party which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority.
19.4. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
20. Dispute resolution and Governing law
20.1. The parties hereby agree that the Agreement, this EULA, together with the other documents forming an integral part of this EULA shall be construed in accordance with the Laws of Cyprus and shall be subject to the jurisdiction of the Courts of Cyprus. This provision cannot have the result of depriving the consumer of the protection afforded to him by the mandatory rules relating to contractual obligations of the law of the state in which he/she has his habitual residence.
20.2. The Pre-trial dispute resolution procedure is obligatory. The User's claims should be sent to Tepeleniou, 13, TEPELENIO COURT, 2nd floor, 8010, Paphos, Cyprus and e-mail copy to email@example.com, and such claim should contain the specific list of violations made by the Company and/or the Company, Account information, contact information and User signature. Non-compliance with the form or content of the claim entails non-compliance with the Pre-trial dispute resolution procedure and the term for claim consideration and for sending the answer may take up to thirty (30) business days from the moment of its acceptance.
21. Legal Compliance
21.1. The User hereby confirms that he understands and accepts that the Company is unable to provide the User with any legal advice or assurances and that it is the User’s sole responsibility to ensure that at all times the User complies with the laws that govern the User and that the User has the complete legal right to open an Account with the Game and to play the Game. Any participation in the Game is at the User’s sole option, discretion and risk.
22.1.The Company’s failure or neglect to enforce, at any time, any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of its rights herein, nor in any way affect the validity of the whole or any part of this EULA, nor prejudice the Company’s rights to take subsequent action.
24. Other conditions
24.1. This EULA represents the entire Agreement between the User and the Company in relation to its subject matter and supersedes and voids all prior agreements between such parties relating to such subject matter.
24.2. The headings contained in this EULA are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
24.3. In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
25. Contacts with the Company
25.1.User can send any questions, remarks, complaints or comments regarding this Agreement at firstname.lastname@example.org. The Company will consider your questions as soon as possible.
25.2. If the User starts any correspondence with the Company or submits a report about problems with the Game or game services, the Company shall have the right to store all this correspondence.