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
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.
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 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 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 . 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 email@example.com.
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 and the 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 , 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.
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 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 firstname.lastname@example.org.
You have the right to terminate or cancel your Account at any time by delivering notice to Incineration Productions at email@example.com.
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.
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.
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.
Last modified: [31st of March 2020]