Terms of use of the “Lewandowski: Euro Football Star 2016” game
1.
LICENSE
1.1.
Governing Agreement
The terms of this agreement
("Terms of Service" or “Terms”) govern the relationship between you
and FUERO GAMES Sp. z o.o. (hereinafter "FUERO
GAMES" or "Us" or "We") regarding your use of FUERO
GAMES’s “Lewandowski: Euro Football Star 2016”
mobile and social games and related services, which include applications for
mobile devices and FUERO GAMES branded websites (the "Service"). In
this agreement, "FUERO GAMES" means FUERO GAMES located ul. Wita Stwosza
32/7, 02-661 Warszawa, POLAND. In either case “FUERO GAMES” includes
Affiliates, which shall mean subsidiaries, parent companies, joint ventures and
other corporate entities under common ownership.
1.2. Privacy
Policy
Use of the Service is also
governed by FUERO GAMES's Privacy Policy, which is incorporated herein by
reference. Your privacy is important to Us. We designed FUERO GAMES's Privacy
Policy to make important disclosures about how We collect and use your content
and information and how you can use the Service to share such information with
others. We encourage you to read the FUERO GAMES Privacy Policy carefully and
use it to make informed decisions.
By creating an account or
accessing or using the Service you accept and agree to be bound by these Terms
of Service and consent to the collection, use and storage of your information
as outlined in FUERO GAMES’s Privacy Policy.
1.3.
Updates to the Terms of Service and FUERO GAMES Privacy Policy
FUERO GAMES reserves the
right, at our discretion, to change, modify, add or remove portions of these
Terms of Service and its Privacy Policy at any time by posting the amended
Terms on or within the Service. You may also be given additional notice, such
as an e-mail message or messaging within the Service, of any changes. You will
be deemed to have accepted such changes by continuing to use the Service.
Except as otherwise stated, all amended terms shall automatically be effective
30 days after they are initially posted. FUERO GAMES may also revise other
policies, codes or rules at any time, and the new versions will be available at
www.FUEROGAMES.com or
in the Service. No amendment to the Terms of Service or Privacy Policy shall
apply to any dispute of which FUERO GAMES had actual notice before the date of
the amendment.
If at any point you do not
agree to any portion of the then-current version of our Terms of Service, the
FUERO GAMES Privacy Policy, or any other FUERO GAMES policy, rules or codes of
conduct relating to your use of the Service, your license to use the Service
shall immediately terminate and you must immediately stop using the Service.
To the extent the Terms of
Service or FUERO GAMES Privacy Policy conflict with any other FUERO GAMES
terms, policy, rules or codes of conduct, the terms contained in these Terms of
Service and in the FUERO GAMES Privacy Policy shall govern.
1.4.
Grant of a Limited License to Use the Service
Subject to your agreement
and continuing compliance with these Terms of Service and any other relevant
FUERO GAMES policies revocable limited license subject to the limitations in
Sections 1.5-1.9 to access and use the Service using a FUERO GAMES supported
web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile
device solely for your own non-commercial entertainment purposes. You agree not
to use the Service for any other purpose.
You understand that while at
times you may “earn” "buy" or "purchase" (a) virtual
currency, including but not limited to virtual coins, cash, tokens, or points,
all for use in the Service; or (b) virtual in-game items (together with virtual
currency, "Virtual Items"); these real world terms are only being
used as shorthand. You do not in fact "own" the Virtual Items and the
amounts of any Virtual Item do not refer to any credit balance of real currency
or its equivalent. Rather, you may purchase a limited license to use the
Service, including software programs that occasionally manifest themselves as
these items. The purchase and sale of the limited license referred to in these
Terms of Service is a completed transaction upon receipt of your direct payment
or redemption of a FUERO GAMES game card or a third party virtual currency like
Facebook Credits. Any "virtual currency" balance shown in your
Account does not constitute a real-world balance or reflect any stored value,
but instead constitutes a measurement of the extent of your license.
1.5.
Accessing the Service
By accessing or using the
Service, including browsing any FUERO GAMES website or accessing a game, you
accept and agree to these Terms of Service and the Privacy Policy. You may also
be required to register an account on the Service (an "Account"),
have a valid account on the social networking service ("SNS") through
which you connect to the Service, if any, or have an account with the
applications provider for your mobile device. If you are between the ages of 13
and 17, you represent that your legal guardian has reviewed and agreed to these
Terms.
You must provide all
equipment and software necessary to connect to the Service, including, but not
limited to, a mobile device that is suitable to connect with and use the
Service, in cases where the Service offers a mobile component.
Following equipment may be
necessary to use of the Service:
Mobile device (such as smartphone, tablet or other
Android, iOS or Windows based device)
Internet accesss
Web browser which accepts cookies
E-mail account (excluding temporary addresses)
SNS account
Installed Unity Webplayer –
version 4.0 or newer – if
You are responsible for any
fees, including internet connection or mobile fees that you incur when
accessing the Service.
1.6. Use
of the Service
The following restrictions
apply to the use of the Service:
a.
You shall not create an Account or access the Service if you are under the age
of 13;
b.
You shall monitor your Account to restrict use by minors, and you will deny
access to children under the age of 13. You accept full responsibility for any
unauthorized use of the Service by minors in connection with your Account. You
are responsible for any use of your credit card or other payment instrument
(e.g. PayPal and Facebook Credits) by minors;
c.
You shall not have more than one Account, per platform or SNS, at any given
time, and shall not create an account using a false identity or information, or
on behalf of someone other than yourself;
d.
You shall not create an Account or use the Service if you are a convicted sex
offender;
e.
You shall not have an Account or use the Service if you have previously been
removed by FUERO GAMES or previously been banned from playing any FUERO GAMES
game;
f.
You shall use your Account only for non-commercial purposes;
g.
You shall not use your Account to advertise, solicit, or transmit any
commercial advertisements, including chain letters, junk e-mail or repetitive
messages (spim and spam) to anyone;
h.
You shall not use your Account to engage in any illegal conduct;
i. You shall not sublicense, rent, lease, sell, trade,
gift, bequeath or otherwise transfer your Account or any Virtual Items associated
with your Account to anyone without FUERO GAMES’s written permission;
j.
You shall not access or use an Account or Virtual Items that have been
sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise
transferred from the original Account creator without FUERO GAMES’s permission;
and
k.
If you access the Service from an SNS you shall comply with its terms of
service/use as well as these Terms of Service.
1.7.
Account Information
When creating or updating an
Account on the Service, you may be required to provide FUERO GAMES with certain
personal information, which may include your name, birth date, e-mail address,
and, in some cases, payment information. You may be also asked to provide your mailing
(delivery) address, if the Service or effect of using the Service will provide
for a possibility of sending you any physical object (item), with your consent
– e.g. a reward/prize for winning in-game competition. As a result of that,
granting us with your consent to do so, you will receive an item, specified in
the Service at your mailing address. This information will be held and used in
accordance with FUERO GAMES's Privacy Policy and relevant “just-in-time”
notices, if any, provided at the point of information collection or use. You
agree that you will supply accurate and complete information to FUERO GAMES,
and that you will update that information promptly after it changes.
You
understand that on certain FUERO GAMES websites your user ID number, name and
profile picture will be publicly available and that search engines may index
your name and profile photo.
1.8.
Username and Password
During the Account creation
process, you may be required to select a password ("Login
Information"). The following rules govern the security of your Login
Information:
a.
You shall not share the Account or the Login Information, let anyone else
access your account, or do anything else that might jeopardize the security of
your Account;
b.
In the event 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 FUERO GAMES and modify your
Login Information;
c.
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; and
d.
You are responsible for anything that happens through your Account.
FUERO GAMES 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 such third
party’s rights.
1.9.
License Limitations
Any use of the Service in
violation of these License Limitations is strictly prohibited, can result in
the immediate revocation of your limited license granted by Section 1.4, and
may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO
DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE
LEGITIMATE OPERATION OF ANY FUERO GAMES GAME IS A VIOLATION OF FUERO GAMES
POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree
that you will not, under any circumstances:
a.
Engage in any act that FUERO GAMES deems to be in conflict with the spirit or
intent of the Service, including but not limited to circumventing or
manipulating these Terms, our game rules, game mechanics or policies;
b.
Make improper use of FUERO GAMES’s support services, including by submitting
false abuse reports or using profane and abusive language in your
communications with our support personnel; or
c.
Use the Service, intentionally or unintentionally, in connection with any
violation of any applicable law or regulation, or do anything that promotes the
violation of any applicable law or regulation;
CHEATING
AND HACKING - You agree that you will not, under any circumstances:
d.
Use cheats, exploits, automation software, bots, hacks, mods or any
unauthorized third party software designed to modify or interfere with the
Service or any FUERO GAMES game experience;
e.
Use the Service in order to design or assist in the design of cheats,
automation software, bots, hacks, mods or any other unauthorized third party
software designed to modify or interfere with the Service or any FUERO GAMES
game experience;
f.
Without FUERO GAMES’s express written consent, modify or cause to be modified
any files that are a part of the Service;
g.
Disrupt, overburden, or aid or assist in the disruption or overburdening of (1)
any computer or server used to offer or support the Service or any FUERO GAMES
game environment (each a "Server"); or (2) the enjoyment of the
Service or any FUERO GAMES game by any other person;
h.
Institute, assist or become involved in any type of attack, including without
limitation distribution of a virus, denial of service attacks upon the Service,
or other attempts to disrupt the Service or any other person’s use or enjoyment
of the Service; or
i. Attempt to gain unauthorized access to the Service,
Accounts registered to others or to the computers, Servers, or networks
connected to the Service by any means other than the user interface provided by
FUERO GAMES, including but not limited to, by circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting any other
person to circumvent or modify, any security, technology, device, or software
that is part of the Service;
OFFENSIVE
OR INFRINGING CONTENT - You agree that you will not, under any circumstances:
j.
Post any information that is abusive, threatening, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise objectionable or
offensive;
k.
Post any information that contains nudity, excessive violence, or offensive
subject matter or that contains a link to such content;
l.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse
or harm of another person, group, including FUERO GAMES employees, including
FUERO GAMES’s customer service representatives; or
m.
Make available through the Service 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 FUERO GAMES employee;
COMMERCIAL
ACTIVITY - You agree that you will not, under any circumstances:
n.
Without FUERO GAMES’s express written consent, use the Service or any part
thereof for any commercial purpose, including but not limited to (1)
communicating or facilitating any commercial advertisement or solicitation, or
(2) gathering or transferring Virtual Items for sale;
o.
Use the Service or any part thereof for performing in-game services, such as
power-leveling and item collection services, in exchange for payment outside
the Service; or
p.
Transmit unauthorized communications through the Service, including junk mail,
chain letters, spam and any materials that promote malware, spyware and
downloadable items;
UNAUTHORIZED
USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any
circumstances:
q.
Interfere or attempt to interfere with the proper functioning of the Service or
connect to or use the Service in any way not expressly permitted by these Terms
of Service;
r.
Use any unauthorized third party software that accesses, intercepts,
"mines", or otherwise collects information from or through the
Service or that is in transit from or to the Service, including, without
limitation, any software that reads areas of RAM or streams of network traffic
used by the Service to store information about FUERO GAMES game characters,
elements, or environment. FUERO GAMES may, at its sole and absolute discretion,
allow the use of certain third party user interfaces;
s.
Intercept, examine or otherwise observe any proprietary communications protocol
used by a client, a Server, or the Service, whether through the use of a
network analyzer, packet sniffer or other device;
t.
Make any automated use of the system, or take any action that imposes or may
impose (in our sole discretion) an unreasonable or disproportionately large
load on our infrastructure;
u.
Bypass any robot exclusion headers or other measures We employ to restrict
access to the service or use any software, technology, or device to send
content or messages, scrape, spider, or crawl the Service, or harvest or
manipulate data;
v.
Use, facilitate, create, or maintain any unauthorized connection to the
Service, including without limitation (1) any connection to any unauthorized
server that emulates, or attempts to emulate any part of the Service; or (2)
any connection using programs, tools, or software not expressly approved by
FUERO GAMES;
w.
Except where permitted by law or relevant open source licenses, reverse
engineer, decompile, disassemble, decipher or otherwise attempt to derive the
source code for any underlying software or other intellectual property used to
provide the Service, or to obtain any information from the Service using any
method not expressly permitted by FUERO GAMES; or
x.
Copy, modify or distribute rights or content from any FUERO GAMES site or game,
or FUERO GAMES’s copyrights or trademarks or use any method to copy or
distribute the content of the Service except as specifically allowed in these
Terms of Service;
COLLECTION
AND PUBLICATION OF PERSONAL INFORMATION - You agree that you will not, under
any circumstances:
y.
Solicit or attempt to solicit personal information from other users of the
Service;
z.
Collect, harvest or post anyone’s private information, including personally
identifiable information (whether in text, image or video form), identification
documents, or financial information through the Service; or
aa.
upload or transmit or attempt to upload or transmit, without FUERO GAMES’s
express permission, any material that acts as a passive or active information
collection or transmission mechanism, including, without limitation, clear
graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies
or other similar devices (sometimes referred to as "spyware,"
"passive collection mechanisms" or "pcms").
1.10.
Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER
REMEDIES, FUERO GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS
OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR FUERO GAMES
SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR
FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR
WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF
ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED
ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND FUERO
GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER
REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR
PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT,
SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND
LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY
ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL
PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR
SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE
CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF
USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
FUERO GAMES reserves the
right to stop offering and/or supporting the Service or a particular game or
part of the Service at any time either permanently or temporarily, at which
point your license to use the Service or a part thereof will be automatically
terminated or suspended. In such event, FUERO GAMES shall not be required to
provide refunds, benefits or other compensation to users in connection with
such discontinued elements of the Service.
Termination of your Account
can include disabling your access to the Service or any part thereof including
any content you submitted or others submitted.
You may cancel any Account
registered to you at any time by following the instructions at www.fuerogames.com.
1.11.
Ownership
1.11.1.
Games and Service
The Service (including without
limitation any games, titles, computer code, themes, objects, characters,
character names, stories, dialogue, catch phrases, concepts, artwork,
animations, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, documentation, in-game chat transcripts, character
profile information, recordings of games played using a FUERO GAMES game
client, and the FUERO GAMES game clients and server software) are copyrighted
works owned by FUERO GAMES. FUERO GAMES reserves all rights, including without
limitation, all intellectual property rights or other proprietary rights, in
connection with the Service.
1.11.2.
Accounts
NOTWITHSTANDING ANYTHING TO
THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP
OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE
THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND
INURE TO THE BENEFIT OF FUERO GAMES. GENERALLY, GAME OR OTHER ACCOUNTS CREATED
WITH FUERO GAMES WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO
DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY
ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
1.11.3.
Virtual Items
FUERO GAMES owns, has
licensed, or otherwise has rights to use all of the content that appears in the
Service. Notwithstanding any provision to the contrary herein, you agree that
you have no right or title in or to any content that appears in the Service,
including without limitation the Virtual Items appearing or originating in any
FUERO GAMES game, whether “earned” in a game or “purchased” from FUERO GAMES,
or any other attributes associated with an Account or stored on the Service.
FUERO GAMES prohibits and
does not recognize any purported transfers of Virtual Items effectuated outside
of the Service, or the purported sale, gift or trade in the "real
world" of anything that appears or originates in the Service, unless
otherwise expressly authorized by FUERO GAMES in writing. Accordingly, you may
not sublicense, trade, sell or attempt to sell in-game Virtual Items for
"real" money, or exchange Virtual Items for value of any kind outside
of a game, without FUERO GAMES’s written permission. Any such transfer or
attempted transfer is prohibited and void, and will subject your Account to
termination.
1.11.4.
User Content
"User Content"
means any communications, images, sounds, and all the material, data, and
information that you upload or transmit through a FUERO GAMES game client or
the Service, or that other users upload or transmit, including without
limitation any chat text.
By transmitting or
submitting any User Content while using the Service, you affirm, represent and
warrant that such transmission or submission is (a) accurate and not
confidential; (b) not in violation of any applicable laws, contractual
restrictions or other third party rights, and that you have permission from any
third party whose personal information or intellectual property is comprised in
the User Content; (c) free of viruses, adware, spyware, worms or other
malicious code; and (d) you acknowledge and agree that any of your personal
information within such content will at all times be processed by FUERO GAMES
in accordance with its Privacy Policy.
You own your User Content.
You hereby grant FUERO GAMES and its Affiliates a perpetual and irrevocable
(other than as provided below), worldwide, fully paid-up and royalty free,
non-exclusive, unlimited license, including the right to sublicense and assign
to third parties, and right to copy, reproduce, fix, adapt, modify, improve,
translate, reformat, create derivative works from, manufacture, introduce into
circulation, commercialize, publish, distribute, sell, license, sublicense,
transfer, rent, lease, transmit, publicly display, publicly perform, or provide
access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and
practice, in any way now known or in the future discovered, your User Content
as well as all modified and derivative works thereof in connection with our
provision of the Service, including marketing and promotions thereof. To the
extent permitted by applicable laws, you hereby waive any moral rights you may
have in any User Content. The license you grant Us to use user posted content
(except any content you submit in response to FUERO GAMES promotions and
competitions or any other content specifically solicited by FUERO GAMES) ends
when you delete your User Content or you close your Account unless your User
Content has been shared with others, and they have not deleted it. However, you
understand and accept that removed content may persist in back-up copies for a
reasonable period of time.
2. USER
CONTENT
2.1.
Content Screening
You are entirely responsible
for all User Content you post or otherwise transmit via the Service. FUERO
GAMES assumes no responsibility for the conduct of any user submitting any User
Content, and assumes no responsibility for monitoring the Service for
inappropriate or illegal content or conduct.
We have no obligation to
monitor User Content. If We choose at any time, in our sole discretion, to
monitor the Service, We have the right, in our sole discretion, to edit, refuse
to post, or remove any User Content and We may monitor and/or record your
interaction with the Service or communications (including without limitation
chat text and voice communications) when you are using the Service. By entering
into these Terms of Service, you hereby provide your irrevocable consent to
such monitoring and recording.
2.2.
Information Use by Other Members of the Service
2.2.1.
Public Discourse & Unsolicited Ideas
The Service may include
various forums, blogs and chat features where you can post User Content,
including your observations and comments on designated topics. FUERO GAMES
cannot guarantee that other members will not use the ideas and information that
you share. Therefore, if you have an idea or information that you would like to
keep confidential and/or don’t want others to use, do not post it on the
Service. FUERO GAMES shall have no responsibility to evaluate, use or
compensate you for any ideas or information you may choose to submit.
If you submit suggestions,
proposals, comments or other materials (collectively “Submissions”) within the
Service you understand and agree that FUERO GAMES (1) shall have no obligation
to keep your Submissions confidential; (2) shall have no obligation to return
your Submissions or respond in any way; and (3) may use your Submissions for
any purpose in any way without notice or compensation to you.
FUERO
GAMES IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY
CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
2.2.2.
Responsible For Your Own Content
You are solely responsible
for the information that you post on, through or in connection with the Service
and that you provide to others.
Information, materials,
products or services provided by other users (for instance, in their profiles)
may, in whole or in part, be unauthorized, impermissible or otherwise violate
these Terms of Service, and FUERO GAMES assumes no responsibility or liability
for this material. If you become aware of misuse of the Service by any person,
please use any "Report Abuse" link provided or contact us at Customer
Support.
FUERO GAMES may reject,
refuse to post or delete any User Content for any or no reason, including, but
not limited to, User Content that in the sole judgment of FUERO GAMES may
violate these Terms of Service.
FUERO GAMES reserves the right
to limit the storage capacity of User Content that you post on, through or in
connection with the Service.
2.3.
Disclosure
Your information, and the
contents of all of your online communications (including without limitation
chat text, voice communications, IP addresses and your personal information)
may be accessed and monitored as necessary to provide the Service and may be
disclosed: (i) when We have a good faith belief that
We are required to disclose the information in response to legal process (for
example, a court order, search warrant or subpoena); (ii) to satisfy any
applicable laws or regulations (iii) where We believe that the Service is being
used in the commission of a crime, including to report such criminal activity
or to exchange information with other companies and organizations for the
purposes of fraud protection and credit risk reduction; (iv) when We have a
good faith belief that there is an emergency that poses a threat to the health
and/or safety of you, another person or the public generally; and (v) in order
to protect the rights or property of FUERO GAMES, including to enforce our
Terms of Service. By entering into these Terms of Service, you hereby provide
your irrevocable consent to such monitoring, access and disclosure.
2.4. User
Interactions
2.4.1
Member Disputes
You are solely responsible
for your interactions with other users of the Service and any other parties
with whom you interact through the Service and/or FUERO GAMES games. FUERO GAMES reserves the right, but has no obligation,
to become involved in any way with these disputes.
2.4.2
Release
If you have a dispute with
one or more users, you release Us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes, including damages for loss
of profits, goodwill, use or data.
3. FEES
AND PURCHASE TERMS
3.1.
Purchases
In the Service you may purchase,
with "real world" money, a license to use Virtual Items and or other
goods or services. You may also obtain a license to use Virtual Items by
redeeming FUERO GAMES game cards or third party virtual currency, such as
Facebook Credits. PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY
TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You can license Virtual
Items by visiting the purchase page in one of our games, providing your billing
information, confirming the particulars of your purchase and re-affirming your
agreement to these Terms. When you purchase a license to Virtual Items from our
Service, We may send you a confirmatory e-mail that will contain details of the
items you have ordered. Please check that the details in the confirmatory
e-mail are correct as soon as possible and maintain a copy of it for your
records. FUERO GAMES keeps records of transactions in order to deal with any
subsequent queries. If you purchase Facebook Credits from Facebook, you are
agreeing to Facebook’s Payment Terms and FUERO GAMES is not a party to the
transaction.
For Virtual Items, your
order will represent an offer to us to purchase a license for the relevant
service(s) which will be accepted by us when We make the Virtual Items
available in your account for you to use in our games or debit your credit
card, whichever comes first.
Your license to Virtual
Items for use in FUERO GAMES games is a service
provided by FUERO GAMES that commences upon acceptance by FUERO GAMES of your
purchase or redemption of third party virtual currency. By ordering a license
to use Virtual Items you agree and accept that FUERO GAMES will provide it to
you promptly following completion of your purchase. If you reside in the
European Union and you purchase a product or service from FUERO GAMES, you may
have the right to withdraw from a purchase within seven calendar days,
commencing on the day after the date of purchase (the "Cooling Off
Period"). However, you lose your right of withdrawal if the performance of
the services begins before the end of the Cooling Off Period. Accordingly,
please note that if you purchase a license to use Virtual Items from Us, your
right of withdrawal is lost as the performance of our services begins promptly
once your purchase is completed.
3.2.
Payment of Fees
You agree to pay all fees
and applicable taxes incurred by you or anyone using an Account registered to
you. FUERO GAMES may revise the pricing for the goods and services it licenses
to you through the Service at any time. YOU ACKNOWLEDGE THAT FUERO GAMES IS NOT
REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE
MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED,
WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. THIRD
PARTY ADVERTISING
4.1.
Third Party Advertisements
You understand that the
Service and FUERO GAMES games may feature
advertisements from FUERO GAMES or third parties. FUERO GAMES's disclosure of
information for third party advertising is addressed in FUERO GAMES's Privacy
Policy.
4.2.
Links to Third Party Sites and Dealings With Advertisers
FUERO GAMES may provide
links on the Service to third party websites or vendors who may invite you to
participate in a promotional offer in return for receiving an optional
component of the Service and/or upgrades (such as in-game currency). Any
charges or obligations you incur in your dealings with these third parties are
your responsibility. FUERO GAMES makes no representation or warranty regarding
any content, goods and/or services provided by any third party even if linked
to from our Service, and will not be liable for any claim relating to any third
party content, goods and/or services. The linked sites are not under the
control of FUERO GAMES and may collect data or solicit personal information
from you. FUERO GAMES is not responsible for their content, business practices
or privacy policies, or for the collection, use or disclosure of any
information those sites may collect. Further, the inclusion of any link does
not imply endorsement by FUERO GAMES of these linked sites.
5.
COPYRIGHT NOTICES/COMPLAINTS
It is FUERO GAMES's policy
to respond to notices of alleged copyright infringement that comply with the
Digital Millennium Copyright Act (“DMCA”). FUERO GAMES reserves the right to
terminate without notice any User's access to the Service if that User is
determined by FUERO GAMES, in its sole discretion, to be a "repeat infringer."
In addition, FUERO GAMES accommodates and does not interfere with standard
technical measures used by copyright owners to protect their materials.
6.
UPDATES TO THE SERVICE
You understand that the
Service is an evolving one. FUERO GAMES may require that you accept updates to
the Service and to FUERO GAMES’s games you have installed on your computer or
mobile device. You acknowledge and agree that FUERO GAMES may update the
Service with or without notifying you. You may need to update third party software
from time to time in order to receive the Service and play FUERO GAMES’s Games.
7. FINAL
PROVISIONS
Terms of use are available
in the current version at Terms of Use.
The company reserves the right to change the provisions of the Rules at any
time, for important reasons, in particular, dictated by technical or legal
reasons.
In the case of amendments to
the Regulations FUERO GAMES will inform the users through the publication of
the consolidated text of the Terms of Use at Terms of Use and in the form of an e -mail to the
email address of the user.
Changing these Regulations
shall enter into force within 7 days since the release of the Company amended
its Terms of Use. If you do not agree to the terms of the amended Terms of Use
may terminate this Agreement by sending an email to support@fuerogames.com.
In the area in which it is
permissible under applicable law, the Parties consider
the place of supply of services which are the subject of the Agreement the Headquaters of FUERO GAMES. Agreement shall be governed
solely by the law of the Republic of Poland. To the fullest extent permissible
off application of the provisions of international private law and establishes
the exclusive jurisdiction of the Polish courts.