TERMS OF USE
PLEASE READ THESE TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR DOWNLOADING SPELLPUNK VR (THE “GAME”), YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS
INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT
USE THIS WEBSITE OR THE GAME.
Thank you for visiting the Incineration Productions’ website (the “Website”). This is
Incineration Productions’ Terms of Use
Agreement ("Terms of Use,", “Terms”,
"Agreement”, "Document") that governs your access to, and
use of, the Incineration Productions’ Website located at www.spellpunkvr.com,
(or any subsequent URL which may replace it) and all features, functions
software and services offered through this Website. The Website, the Game and
the features, functions, software and services offered through this Website
collectively constitute the "Use" or "Service." This
Document applies to all customers, visitors, users of the Website and the Game
and its respective and related pages ("you," "your,"
"user," "users").
The Game is operated by Incineration Productions in the Republic of Bulgaria. Those who
choose to access the Website and the Game from locations outside the Republic
of Bulgaria do so on their own initiative
and risk and are responsible for complying with any laws applicable to the use
of the Website and the Game in the territory they have accessed it from.
Our content is in compliance with the Children’s Online Privacy
Protection Act (COPPA) and will never be directed at children under 13 years of
age. If you are under 13 years of age, the Website and Game are not intended
for you and therefore you are not permitted to access the Website or Game
unless your parent or guardian has provided express consent and accepts this
Agreement along with all applicable end-user or similar license agreements on
your behalf prior to your use of the Website or Game. This paragraph shall be
applicable only to Users accessing the Website and the Game from the territory of
the United States of America and to Users to whom the US legislation is
applicable, regardless of the territory from which they are accessing the
Website and the Game.
1. LEGAL AGREEMENT
These Terms of Use constitute a legal agreement between you and Incineration
Productions, a joint-stock company, duly registered and existing under the laws
of the Republic of Bulgaria, registered in the Commercial Register and the NPLE
Register with the Bulgarian Registry Agency with UIC 205302517. Your use of the
Website acknowledges that you have read, understand and agree to the terms and
conditions of this Document, and your agreement to comply with the Privacy Policy and with the End User License Agreement (“EULA”) applicable to the Game or
other software Incineration Productions may provide in connection with the
Use/Service, which represent an integral part of these Terms. You hereby
represent that you have the legal capacity to enter into this Agreement and you
are not barred from receiving services offered by the Website under the laws of
the Republic of Bulgaria or other applicable jurisdictions. You understand and
agree that the services being offered may include certain communications from
Incineration Productions, such as service announcements, administrative
messages or other information related to the Services provided to you and their
proper provision, and that these communications constitute part of the
Use/Service being offered by the Website and aim to improve your experience on
the Website. You acknowledge that opting out of receiving such communications
may result in difficulties to use the Website and the Game as per their intent
purposes. We promise that at all times Incineration Productions adheres to the
established standards of fair-trade practices and under no circumstance will we
send to Users unsolicited commercial communications within the meaning of the
Consumer Protection Act. If you do not
agree with all the terms of this Agreement, you shall not access the Website
and its related parts, create a user account, download the Game, or play the
Game. If you violate any of these terms, we will respond as we see fit,
including banning your account and/or legal action.
You acknowledge that the Website may contain links to
other websites owned and maintained by third parties other than Incineration
Productions and you agree that these links are provided for convenience only.
Please keep in mind our policies are not applicable to any third-party site
Incineration Productions may link to from the Website or Game; you must
separately accept and conform to their individual terms of use and policies.
Any information we gather from you, whether personally identifiable or
anonymous data is governed by our Privacy Policy.
Incineration Productions may amend these Terms of Use,
Privacy Policy and the EULA (the “Documents”) at any time in its sole
discretion and the latest version of the Documents on the Website should be
considered as valid and current in the relations between you and Incineration
Productions. More information about the amendments of these Terms and other documents
hereof may be found in Section 8 ‘Updates and modifications’ below.
2. DESCRIPTION OF USE/SERVICE
Incineration Productions provides a VR multiplayer
online Game to registered users and related features, functions and services
available through the Website, such as community forums and other interactive
areas. To access the Game, you may be required to download and install certain
client software, and such access entails the use of hardware, software and
Internet access (which you acknowledge play a crucial role in your user
experience). You acknowledge and agree that Incineration Productions is not
responsible for any hardware, software or Internet access, quality, suitability
or unavailability issues.
Incineration Productions does not provide Internet
access, and you are responsible for all fees relating to telephone and Internet
access charges along with all necessary equipment, servicing, repair or
correction incurred in maintaining connectivity to the servers.
3. ACCOUNT
You will be required to create an account (an
"Account") to access the Game and certain features and functions of
our Service. You must be 14 years of age or older to create an Account. If you
are 14 or over, but are under the age of 18, you are required to review this
agreement with your parent(s) or guardian to ensure they read and agree to
them.
By creating an Account or otherwise using the Service,
you represent that you are at least age 18 and agree to these Terms of Use, or
that you are over 14 years of age and your parent(s) or legal guardian has read
and agreed to these Terms of Use, and you understand and agree that we are
relying upon that representation in allowing you to use the Service. Only one
person may use an Account.
By using the Website and creating an Account, you
acknowledge, understand and agree that Incineration Productions collects
anonymous data through Google Analytics™ and records IP addresses, domain
names, geographical information, Gameplay statistics and scores, user ranks,
and computer-related technical information for use in anonymous statistical
analysis. Please see the Privacy Policy for more detail on the use and distribution of
personal information collected throughout the Website.
When creating an Account which involves forming a
unique user identity ("User ID") and password, you agree to (i)
provide true, accurate, current and complete information as requested in the
required fields (the "Account Information") and (ii) promptly
maintain and update such User ID and your Account Information to keep it true,
accurate, current and complete.
You, as creator of your Account and User ID, are
solely responsible for your User ID. Incineration Productions will not tolerate
offensive or obscene User IDs. If a User ID violates any part of these Terms,
Incineration Productions may immediately, temporarily, or permanently ban such
a User ID, with or without notice. The creation of alternate accounts will be
handled on a case by case basis, and we reserve the right to remove accounts
used to circumvent any form of restrictions to the game or the Service
including the official SpellPunk forums.
Incineration Productions is not responsible for any
misuse of your Account or your User ID, you agree to accept all risks of
unauthorized access to your Account and to hold Incineration Productions
harmless from and against any improper use of your Account or your User ID,
including, but not limited to, improper use by someone to whom you revealed
your password.
Please note that, you are responsible for maintaining
the confidentiality and security of your User ID and password, and you agree to
notify us if your password is lost, stolen, or disclosed to an unauthorized
third party, or otherwise may have been compromised. You are solely responsible
for all activities and transactions that occur under your Account (including
purchases and charges, as applicable), and Incineration Productions is not
responsible for any unauthorized use of your account, including without
limitation in the event that your password is stolen or revealed to a third
party. You agree to immediately notify Incineration Productions of any
unauthorized use of your Account or any other breach of security in relation to
the Website, the Use/Service or the Game known to you by submitting a ticket to
Support at support@incineration.games. Incineration
Productions provides you with the choice to change your password in order to
safeguard your Account.
The Account you create is personal to you and
Incineration Productions does not allow the transfer of user Accounts. You
shall not purchase, sell, gift or trade any Account, or make any such offer,
and any such attempt shall be null and void. Any distribution by you of your
Account and/or your Login Credentials (except as expressly provided herein or
otherwise explicitly approved of by Incineration Productions) may result in
suspension or termination of your Account.
Your Account may be deactivated if you do not use your
Account within twelve months after the date that it was created or for any
continuous period of twelve months after creation. If you do not use your Account
for twelve or more months, it may be removed and deleted by the Website
administrator at their sole discretion. We will endeavor to use reasonable
efforts to notify you by e-mail before we delete your Account, unless we are
deleting your User ID for a violation of these Terms or discontinuation of the
Service. However, we will not be liable in any manner for any failure to give
notice. If you advise us within five days of the notice that you want to keep
your Account active, we will not delete it. If you do not so notify us, your
Account may be permanently deleted, along with your User ID, records, ranks and
service information.
Please note that regardless of any notice,
Incineration Productions reserves the right to discontinue the Use/Service or to
terminate or suspend your Account at any time in its sole discretion for any
reason, or for no reason.
You may terminate your Account at any time, for any
reason or no reason, by submitting a ticket to Incineration Productions’
Support
at support@incineration.games.
4. LIMITED USE LICENSE. INTELLECTUAL
PROPERTY RIGHTS OF INCINERATION PRODUCTIONS
Incineration Productions grants all those who
successfully create an account for SpellPunk VR and are enabled to access our
software, a non-exclusive revocable use license to the Game’s software for
personal use only. Under this Limited Use License, you are not permitted to
transfer, sell, exchange, copy, publish, distribute, or assign anything derived
from the software, Game, and Website ("Properties"). The Properties
are strictly for your individual use and entertainment purposes, all of which
are non-commercial. You must obey by this policy unless otherwise permitted by
Incineration Productions. Failure to do so will result in consequences ranging
from account deletion to legal action. By accessing the Properties, it is
automatically assumed you have read and accept these Тerms along with the End User License Agreement and the Privacy Policy applicable to the Game and the Website.
The content on the Website is protected by the
applicable intellectual property legislation and it belongs to Incineration
Productions or is used by the latter under a license or permission.
All intellectual property rights in respect of the
software used to provide the Website, the Game and their content, data files,
hardware or other materials subject of intellectual property rights that you
have access to when using the Website and on the grounds of these Terms, belong
to Incineration Productions or are used by the latter under a license or
permission.
The content of the Website encompasses including but
not limited to all texts, formatting, selection, coordination, layout and
design of the Website as well as images, graphics, tools, applications, text
content, photographic images, brands (including those in process of
registration), trade names, logos, and other materials and information posted
on the Website.
The content (or parts thereof) of the Website may not
be copied, reverse-engineered, decompiled, divided into parts, modified, posted
on other Internet sites, modified or otherwise distributed, licensed and
relicensed, or transferred in any form, except upon the prior explicit written
consent of Incineration Productions for such action.
You may not remove or modify any information or
designations of copyright, brand names, trade names or other intellectual
property rights from the software used to provide the Website, the Game, data
files, hardware or materials.
The User undertakes to use the Website and the Game in
good faith and as intended in compliance with all applicable laws, as well as
not to use software, scripts, programming languages or other technologies which
could impede the operation and use of the latter.
Incineration Productions has the right to use
technical means of protecting the software, hardware, data files, the Website,
the Game and their content and others in order to comply with the restrictions
and conditions of use of these objects. You may not remove, damage, destroy or
disrupt such technical means or create conditions for such actions to be taken
by third parties.
Nothing on the Website may be considered, assumed or
implied, either directly or indirectly, as granting of consent, license or
right to use the Incineration Productions trademark or logo or any materials
and information posted on the Website and protected by intellectual property
rights, without the prior explicit written permission of Incineration
Productions. In particular, you may not use, frame or utilize framing
techniques to enclose any Incineration Productions’ trademark, logo or other
proprietary information, including the images found at the Website, the content
of any text or the layout/design of any page or form contained on a page on the
Website without our express written consent. Except as noted in these Terms,
you are not conveyed any right or license by implication, estoppel or otherwise
in or under any patent, trademark, copyright or proprietary right of
Incineration Productions or any third party.
5. USER CONTENT. USERS‘
INTELLECTUAL PROPERTY RIGHTS
The Service may include discussion forums, chat rooms,
voice chat, user feedback, messaging features, comments and other interactive
areas or services ("Interactive Areas") in which you or other users
create, post, send or store any content, messages, materials, data,
information, text, music, sound, photos, video, graphics, code or other items
or materials on or through the Website (the "User Content"). You
acknowledge that User Content posted to the Website is publicly available and
not confidential.
Incineration Productions has no obligation nor has it
the objective capability to perform a preliminary check on the intellectual
property rights over the content submitted by Users and is not in any way
liable for any infringements of these rights. In the event that a User or a
third party notices content which, in their opinion, violates their or a third
party's copyright or related rights, the User or the third party should seek
protection of their rights against the infringer, while Incineration
Productions’ liability with regard to such infringement cannot be sought in any
way. Notwithstanding the above, in case of infringement suspicion, Users and
third parties should notify Incineration Productions immediately by submitting
a ticket to Support at support@incineration.games, indicating a link to the
post as well as any other information that may serve as evidence of infringing
copyrights. Taking measures by Incineration Productions against a User who is
allegedly infringing a third party’s copyrights or related rights, as well as
measures’ particular type, are entirely at Incineration Productions’
discretion.
We do not endorse or guarantee the accuracy,
authenticity or reliability of User content or support specific views expressed
through the Website.
You are solely responsible for the User Content you
post and for your use of such Interactive Areas, in particular you are
responsible for all materials you add, create, present, distribute or post on
the Website, and you agree that you bear the risk and liability for any
resulting damages that may occur to you or to third parties.
Incineration Productions strongly recommends that you
not publish any personal information about yourself or others on or through the
Website. You agree that when you share, publish or upload content which is
subject of intellectual property rights (e.g. photos or videos), you grant us a
non-exclusive, transferable, sublicensable, royalty-free and worldwide valid
right and license to host, use, distribute, modify, recreate, copy, publicly
present or perform, translate and create derivative works of your materials,
while Incineration Productions shall be entitled to the unrestricted use,
dissemination and other exploitation of such User Content (including User’s
feedback) for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You represent and warrant that you have all the
necessary rights to grant the aforementioned permissions without violating
third party rights, including personal data protection rights, copyrights and
related rights, contractual and other rights.
You have the right to withdraw the above-granted
rights at any time by deleting your content or your Account. Please note that
for technical reasons the content you delete may continue to exist for a
limited or unlimited period of time in the form of backups, although it will
not be visible to other Users. The content you delete may continue to
exist and appear if it has been shared by other Users and they have not deleted
it.
You agree not to post, upload to, transmit,
distribute, store, create or otherwise publish through the Website any of the
following:
a. User Content that is unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing,
threatening, invasive of privacy or publicity rights, abusive, inflammatory,
fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local, state, national
or international law;
c. User Content that may infringe any patent,
trademark, trade secret, copyright or other
intellectual or proprietary right of any party. By
posting any User Content, you represent and warrant that you have the lawful
right to distribute and reproduce such User Content;
d. User Content that impersonates any person or entity
or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning,
advertising or solicitations;
f. Private information of any third party, including,
without limitation, addresses, phone numbers, email addresses, Social Security
numbers and credit card numbers;
g. Viruses, corrupted data or other harmful,
disruptive or destructive files; and
h. User Content that violates the rules of conduct or that,
in the sole judgment of Incineration Productions, is objectionable or which
restricts or inhibits any other person from using or enjoying the Interactive
Areas or the Website, or which may expose Incineration Productions or its Users
to any harm or liability of any type.
You are responsible for the User content you provide
on the Website and for its protection against malicious and illegal activities.
Incineration Productions takes no responsibility and assumes no liability for
any User Content posted, stored or uploaded by you or any third party, or for
any loss or damage thereto, nor is Incineration Productions liable for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter. Your use of Interactive Areas is at
your own risk. You acknowledge and agree that Incineration Productions is only
a provider of interactive services and is not liable for any statements,
representations or User Content provided by its Users in any public forum, personal
home page or other Interactive Area.
Although Incineration Productions has no obligation to
screen, edit or monitor any of the User Content posted in any Interactive Area,
Incineration Productions reserves the right, and has absolute discretion, to
remove, screen or edit any User Content posted or stored on the Website at any
time and for any reason without notice, and you are solely responsible for
creating backup copies of and replacing any User Content you post or store on
the Website at your sole cost and expense. Incineration Productions reserves
the right to remove any content and material which is inconsistent with
morality, applicable laws or these Terms. Any use of the Interactive Areas or
other portions of the Website in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or suspension
of your rights to use the Interactive Areas and/or the Website.
You represent and warrant that (a) you own and control
all of the rights to the User Content that you post or you otherwise have the
right to post such User Content to the Website; (b) the User Content is
accurate and not misleading; and (c) use and posting of the User Content you
supply does not violate these Terms of Use and will not violate any rights of
or cause injury to any person or entity. You shall be solely liable for all
royalties, fees, damages and any other monies resulting from any infringement
of such right or any other harm resulting from any User Content you provide.
6. MONITORING
You understand and agree that when you communicate
with other players within the Game or utilize any interactive features
available on the Website, such as instant messaging, forums or chat rooms,
voice chat, such communications and postings are transmitted through
Incineration Productions servers, and Incineration Productions may, but is not
obligated to, monitor all such communications and postings, including those
that are designated as "private", for the purposes of assessing
whether a gameplay is inappropriate, offensive, or in violation of the rules of
conduct and these Terms, as well as for the purposes of ensuring that no other
user’s rights are threatened or violated in any manner. You acknowledge that you
have no expectation of privacy with respect to any such communications or
postings, and you expressly consent to such monitoring. If as a result of the
monitoring Incineration Productions finds a breach of the rules of conduct or
these Terms, Incineration Productions may, at its own discretion, terminate the
respective User’s account with or without notice. You acknowledge that in the
event your Account is terminated for this reason, no refund will be granted, no
online time or other credits (e.g., points in an online game) will be credited
to you or converted to cash or other form of reimbursement, and you will have
no further access to your Account.
7. LINKS AND HYPERLINKS
The Website and/or the Service may contain links to
websites operated by other parties. You acknowledge that Incineration
Productions provides these links to you as a convenience, or other users might
be posting these links as User Content. The linked sites are not under the
control of Incineration Productions and Incineration Productions is
not responsible and is in no way connected to the contents of these websites,
nor does it guarantee the authenticity of the information provided therein, the
description of services, protection of the personal information provided by the
User, etc. Should you have any questions with regard to the information on
these websites as well as in connection with the way to use them, you shall
contact their owners and administrators. Use of these links and the external
websites is at your own risk. Such links do not imply endorsement by
Incineration Productions of information or material on any other site, and
Incineration Productions disclaims all liability with regard to your access to
and use of such linked websites.
You are granted a limited, non-exclusive right to
create a text hyperlink to the Website for non-commercial purposes, provided
such link does not portray Incineration Productions or any of its products and
services in a false, misleading, derogatory or otherwise defamatory manner and
provided further that the linking site does not contain any adult or illegal
material or any material that is offensive, harassing or otherwise
objectionable or in contradiction with these Terms. This limited right may be
revoked at any time. You may not use Incineration Productions’ logo or other
proprietary graphic of Incineration Productions to link to this Website without
the express written permission of Incineration Productions.
8. TERMS’ UPDATES AND MODIFICATIONS
Incineration Productions reserves the right, in its
sole and absolute discretion, to revise, update, change, modify, add to,
supplement, or delete certain terms of this Agreement as the Properties evolve;
provided, however, that material changes to this Agreement will not be applied
retroactively. The amendments enter into force after notification
from Incineration Productions and if within 7 days as of the date of
notification you do not declare that you are rejecting them. You agree that all
statements of Incineration Productions regarding the amendment of these Terms
will be posted to a suitable place on the Website. The User accepts the amended
Terms of Use and they are applicable to Users before the expiration of the
7-day period when they have used the Service after the amendment of the Terms.
You can review the most current version of this Agreement by clicking on the “Terms of Use Agreement”
link located at the bottom of the Website.
You are responsible for checking these Terms
periodically for changes. If any future changes to these Terms are unacceptable
to you, you shall terminate the use of the Website, the Game and the
Properties. Your continued use of the latter following any revision to these
Terms constitutes your complete and irrevocable acceptance of any and all such
changes. Please note that Incineration Productions may also revise other
policies, including the EULA and Privacy Policy at any time, and the new
versions will be available on the Website. If at any time you do not agree with
any portion of the then-current version of a particular Incineration
Productions policy, including but not limited to these Terms, you shall
immediately cease use of the Website, the Game and the Properties.
9. FEES
Incineration Productions may charge fees to access and
acquire certain game items or participate in Game activities on the Website and
may allow the purchase of in-game items or activities. ANY APPLICABLE FEES AND
OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON-REFUNDABLE AND
NON-TRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. DIAMONDS HAVE NO MONETARY
VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO
YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
You agree that you will provide accurate and complete
payment information to the third-party payment provider used by Incineration
Productions for purchasing in-game items or other fee-based activities on the
Website or in the Game. You further agree to pay all fees and applicable taxes
incurred by you or anyone using an Account registered to you.
Incineration Productions may revise the pricing for
the Game or any item associated therewith at any time. All fees and charges are
payable in accordance with payment terms in effect at the time the fee or the
charge becomes due and payable. Incineration Productions may, from time to
time, modify, amend, or supplement its fees and fee-billing methods, and such
changes shall be effective immediately upon posting in these Terms or elsewhere
on the Website or in the Game. If there is a dispute regarding payment of fees
to Incineration Productions, your Account may be closed until settlement
without warning or notice at the sole discretion of Incineration Productions.
10. INTERRUPTION OF USE/SERVICE
We will make all reasonable efforts and will use our
abilities to deliver the Website's functionalities and maintain a safe, secure
and free of problems environment, but we cannot guarantee
that the Website and the Game will always function without interference, delays
or shortcomings. Incineration Productions shall not be liable for any property
and/or non-property damages resulting from terminated and/or discontinued
access of a User to the Website or the Game, as well as for any other damages
incurred in connection with the use of the functionalities provided by us.
Incineration Productions reserves the right to
interrupt the Use/Service from time to time on a regularly scheduled basis or
otherwise with or without prior notice in order to perform maintenance. You
agree that Incineration Productions will not be liable for any interruption of
the Use/Service, delay or failure to perform resulting from any causes
whatsoever.
You acknowledge that the Use/Service may be
interrupted for reasons beyond the control of Incineration Productions, and
Incineration Productions cannot guarantee that you will be able to access the
Service or your Account whenever you may wish to do so. Incineration
Productions shall not be liable for any interruption of the Use/Service, delay
or failure to perform resulting from any causes whatsoever.
Incineration Productions has the right at any time
with or without reason to change and/or eliminate any aspect(s) of the use of
the Service as it sees fit in its sole discretion.
Incineration Productions is not be obligated to refund
all or any portion of any Account fee (if any), by reason of any interruption
of the Use/Service by reason of any of the circumstances described in paragraph
(a) or (b).
11. ACCOUNT TERMINATION
INCINERATION PRODUCTIONS
MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT
ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
Incineration Productions may at its option issue
warnings and temporary suspensions and permanent terminations of Accounts for
user violations. Incineration Productions retains the sole discretion as to
when and how to impose warnings, penalties and/or disciplinary actions.
Incineration Productions considers the severity of the violation and the number
of infractions in making the determination; however, any determination shall be
under the absolute discretion of Incineration Productions.
For the avoidance of doubt, you hereby acknowledge
that Incineration Productions has sole discretion with respect to termination
of your Account, even if there are credits remaining on your Account. If you
feel you or your Account has been unfairly warned or disciplined, please
contact Incineration Productions with a full detailed explanation at Support at
support@incineration.games.
You have the right to terminate or cancel your Account
at any time by delivering notice to Incineration Productions at
support@incineration.games.
You acknowledge that in the event your Account is
terminated or canceled for any reason, or for no reason, no refund will be
granted, no online time or other credits (e.g., points in an online game) will
be credited to you or converted to cash or other form of reimbursement, and you
will have no further access to your Account.
Any Accounts with unresolved disputes must be settled
before Incineration Productions may allow you to register again.
12. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS INCINERATION PRODUCTIONS FROM AND AGAINST ANY AND ALL
CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING LEGAL
EXPENSES, ATTORNEYS’ FEES AND OTHER EXPENSES) THAT DIRECTLY OR
INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE WEBSITE, THE GAME AND
THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THESE
TERMS, THE EULA OR THE PRIVACY POLICY.
Incineration Productions reserves the right, at its
own expense and in its sole and absolute discretion, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you undertake to cooperate with Incineration Productions in
asserting any available defenses.
13. WARRANTY DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE USE/SERVICE, THE GAME, THE WEBSITE AND ALL
MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. INCINERATION PRODUCTIONS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE USE/SERVICE, THE GAME
AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS
CONTAINED THEREIN. INCINERATION PRODUCTIONS DOES NOT REPRESENT OR WARRANT THAT
THE USE/SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS CONTAINED
THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. INCINERATION
PRODUCTIONS DOES NOT REPRESENT OR WARRANT THAT THE USE/SERVICE, THE GAME,
THE WEBSITE OR THE MATERIALS CONTAINED THEREIN WILL MEET YOUR
REQUIREMENTS. INCINERATION PRODUCTIONS ALSO DOES NOT REPRESENT OR WARRANT THAT
THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. INCINERATION PRODUCTIONS DOES NOT GUARANTEE THAT
THE WEBSITE, THE GAME AND THE PROPERTIES ARE CONSTANTLY AND AT ALL TIMES
PROTECTED, SAFE, FUNCTIONING PROPERLY WITHOUT DISRUPTION AND WITHOUT ANY OTHER
PROBLEMS ASSOCIATED WITH THEIR USE BY THE USERS.
b. INCINERATION PRODUCTIONS AND ITS OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. WHILE INCINERATION PRODUCTIONS ATTEMPTS TO MAKE
YOUR ACCESS AND USE OF THE SERVICE SAFE, INCINERATION PRODUCTIONS CANNOT AND
DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU
SHOULD
USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY
DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE, THE GAME OR THE SERVICE.
CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN
USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN
YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
e. REFERENCE TO ANY PRODUCTS,
SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME,
TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP
OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY INCINERATION
PRODUCTIONS.
14. LIMITATION OF LIABILITY
Incineration Productions has no objective
capability and obligation to control the way the User uses the Website, the
Game and the Properties. The User uses the latter at their own responsibility
and agrees that Incineration Production bears no liability for any direct
and/or indirect property and/or non-property damages and/or loss of profit
arising as a result of the access or the terminated and/or interrupted access
of the User to the Website or the Game, as well as any other damages incurred
in connection with the use of the latter by the same, including the way in
which the Website and the Game may affect the User.
UNDER NO CIRCUMSTANCES, AND UNDER
NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, SHALL INCINERATION PRODUCTIONS BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, OR LOSS OF PROFIT), OR
ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE
WEBSITE, THE GAME AND THE PROPERTIES, EVEN IF INCINERATION PRODUCTIONS KNEW OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
INCINERATION PRODUCTIONS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU
HAVE PAID TO INCINERATION PRODUCTIONS FOR GAME-RELATED TRANSACTIONS, IF ANY,
DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION
AROSE.
Incineration Productions bears no liability for the
lack of access to the Website and the Game upon occurrence of circumstances
which are beyond its control in cases of force majeure, “pure” accident,
problems in the global Internet network and in the provision of Services beyond
the control of Incineration Productions.
Incineration Productions bears no liability for the
possible delay, limitation, disturbed or missing communication resulting from
the User's Internet subscription. Incineration Productions is not responsible
for the Internet connection of the User.
As far as Incineration Productions has neither the
objective capability nor the obligation to control the websites and resources
accessible through the hyperlinks on the Website, Incineration Productions
bears no liability in case of unlawful content and materials on these websites
and resources. Incineration Productions shall not be liable for damages and
loss of profit arising out of the use, access or unreliability of these
materials and content.
Incineration Productions shall not be liable for
damages caused to the software, hardware or telecommunication facilities, or
for the loss of User data caused by materials or resources searched, loaded or
used in any way via the Website.
Incineration Productions does not provide any other
warranties of any kind to the Users or third parties that are not covered by
these Terms.
In the event that any of the above-stated disclaimers
and limitation of liability of Incineration Productions is not permitted by
law, the liability of the same shall be deemed to be excluded/limited to the
fullest extent allowed by applicable law..
15.
Force Majeure
Except for payment obligations, neither party will be
responsible for failure of performance due to an event beyond the affected
party’s reasonable control, such as severe weather events, acts of God, actions
of any government agency, acts of government bodies, pandemic, acts of
terrorism, or the stability or availability of the Internet or portions thereof.
16. APPLICABLE LAW AND JURISDICTION
The relevant provisions of the effective Bulgarian
legislation shall be applied to any and all matters which are not covered by
these Terms.
The laws of the Republic of Bulgaria shall be
applicable to any disputes arisen between Incineration Productions, on the one
hand, and a User, on the other hand, and in case of impossibility to settle the
dispute by mutual agreements, the dispute shall be referred to the competent
Bulgarian court.
The laws of the Republic of Bulgaria shall be
applicable to any disputes arising between parties which concern international
private relations, with the parties acknowledging the exclusive competence for
their settlement to the Bulgarian courts.
17. MISCELLANEOUS
This Agreement represents the complete agreement
between you and Incineration Productions concerning the Website, the Game, and
the subject matter of the Agreement, and supersedes any prior or
contemporaneous agreements between you and Incineration Productions; provided however
that this Agreement shall coexist with, and shall not supersede, the EULA or
the Privacy Policy.
Once a User accesses the Website and the Game and
starts using them, it is assumed that he/she has become familiar with these
Terms, the EULA and the Privacy Policy, agrees with all their provisions and
undertakes to comply with them unconditionally. Upon disagreement, the User
shall terminate the use of the Website and the Game.
The User agrees that the present Terms of Use do not
impose any obligations other than those expressly described herein and ensuing
from the law. In this regard, the User agrees that these Terms of Use do not
contain any unfair clauses within the meaning of the Bulgarian Consumer
Protection Act, and in the event that a particular User finds any clause
unfair, the User shall immediately cease the use of the Website and the Game.
In case any of the clauses in these Terms are proved
to be void, this will not result in invalidity of the Terms as a whole or of
any other provisions hereto. The invalid clause will be replaced by the
mandatory provisions of the law or the common practice.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT
YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Last modified: [31st of March 2020]