This End User License Agreement (“EULA”) governs the relationship between you as an End-User(“you” or “End-User”) and our company We Make Games 2, s. r. o. (limited liability company), with its registered seat at Revova 7, 811 02 Bratislava, Slovak Republic, ID number: 52 779 475 (“Company ”). This EULA stipulates all the terms and conditions to access, install and/or use theservices, software, applications, games and other products of our Company (“Service” or “Services”)by you. Usage of our Services is also governed by our Company’s Privacy Policy. This EULA representsthe complete agreement concerning the access, install and usage of the Services between you as the End-User and our Company and supersedes all prior agreements and representations between you asthe End-User and our Company.

Before accessing, installing or using any of our Services, you must agree to this EULA and ourCompany’s Privacy Policy. If you do not agree with this EULA or any of its part, you are not entitled toaccess, install and/or use any of the Services. The moment you access, install and/or use any of ourServices, this EULA is concluded between you and our Company. If you access, install and/or use anyof our Services via another platform or social networking site, for example Facebook or Google+(“SNS”) or from application platforms (distribution platforms) for example the Apple’s Appstore, GooglePlay (Android), Steam and Windows Phonestore (“Application Platforms”), you must comply with theterms and conditions of these Application Platforms and this EULA. If our Company issues any specificterms and conditions or policies for a specific Service, you must also comply with these specific termsand conditions and policies and this EULA to access, install and/or use this specific Service.Unless it is otherwise specified at a specific Service, the Services are free to access, install or use butmay contain features that will allow you to make purchases within the Services (in-app purchase).

1. ACCOUNT

To access, install or use some of our Services, you might need to create an account. To create an account you must have a valid email address and provide our Company with truthful, correct and complete information in the registration process and maintain these information correct and complete. You must without undue delay indemnify our Company for any damages and/or costs caused to our Company by the incorrect and/or incomplete data you provided. You also acknowledge and agree that our Company is entitled to obtain information to verify your member state of residence pursuant to the regulation (EU) 2017/1128 of the European Parliament and of the Council as of 14 June 2017 on cross-border portability of online content services in the internal market (“Portability Regulation”), if the Portability Regulation is applicable. If you do not provide our Company the information and cooperation request by our Company pursuant to the Portability Regulation and without this information and cooperation our Company is unable to verify your member state of residence pursuant to the Portability Regulation, you are not entitled to use the respective Service across border pursuant to the Portability Regulation. You must be at least eighteen (18) years old to create the account. If you are aged under eighteen (18) (or under the age of majority where you live), you and your parent or guardian must review and get fully acquainted with this EULA together. Parents and guardians are responsible for the acts of children under the age of majority when accessing, installing and/or using the Services. You are not entitled to grant access to the account to third parties and you are obliged to take all necessary measures to prevent the access to your account by third parties. You must change the account password regularly (at least every three months). Our Company is entitled at any time to demand from you to immediately change the password. The account is non-transferable. You are fully responsible for your activity within your account and our Company is entitled to suspend or terminate any activity within your account which violates this EULA and/or other policies of our Company. Unless otherwise specified at a specific Service, you are entitled to delete your account at any time. Our Company is entitled to immediately and without prior notice disable or delete your account if you violate this EULA. You acknowledge and agree that our Company will disable or delete your account if our Company will be required to disable or delete your account by the applicable law and/or the decision of the respective state authority. Our Company is entitled to immediately block your account if our Company and/or its partners identify fraudulent activity or theft. Our Company is also entitled without a prior notice to disable or delete accounts which are not active or used. Our Company does not hold any responsibility for the loss of your password to your account or for the loss or deletion of your account. You acknowledge that you do not own the account, the account is only a means to gain access to the respective Service.

2. CONSUMER AND DISTANCE CONTRACTS (RIGHT OF WITHDRAWAL)

Pursuant to the applicable law this EULA is a distance contract concluded by and between you as a consumer and our Company exclusively by means of distance communication without the simultaneous physical presence of the representatives of our Company and you as the consumer. Therefore if you are a consumer (a consumer is a natural person who is acting for the purposes which are outside his trade, business, craft or profession) you have the right to withdraw from the distance contract within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of the distance contract. To exercise the right of withdrawal, you must inform our Company of your decision to withdraw from the distance contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You acknowledge that your right of withdrawal specified above will expire in the event if the performance of the Service(s) has begun with your prior express consent prior to the expiration of the above specified withdrawal period from this EULA as the distant contract. This information also applies to all in-app purchases performed within the Service(s). Hereby you grant our Company the express consent to begin the performance of the Service(s) under this EULA as the distant contract prior to the expiration of the above specified withdrawal period and you hereby confirm that you have been duly informed about the loss of the right to withdraw from this EULA as the distant contract by granting this consent. This consent and information also apply to all in-app purchases performed within the Service(s).

3. LICENSE

All our Services are licensed to you, not sold. Our Company grants you a personal, non-transferable, non-sublicensable, limited, revocable and non-exclusive license to access and use the Services for your own personal and non-commercial use pursuant to the terms and conditions stipulated in this EULA. You must not use any of the Services for any other purpose than the purposes explicitly stipulated in this EULA. You are entitled to access, install and use the Services solely on devices which you directly own and/or control. Granting you the license under this EULA and/or delivering/providing you the Services will never result in transferring to you any of the rights relating to the Services and/or to the digital content included in the Services.
You are also not permitted to:

• publicly display and/or provide Services to third parties;
• amend or modify the Services, except to the extent permitted by mandatory law;
• decompile or reverse engineer or attempt to extract or otherwise use the source code of the Services and/or of other software products of our Company;
• merge the Services with any other content;
• sublicense the Services to third parties;
• provide the access to Services to persons who do not meet the age restriction requirements;
• commercially rent, lease, sell and/or by any other means commercially provide the Services to third parties.
  
  

4. MOMENT OF SERVICE DELIVERY

You acknowledge and agree that the respective Service is fully delivered to you if at least one of the three following conditions is met:

• at the moment the access to the respective Service is enabled to you via the online communication method; or
• at the moment you completed the download and/or install of the Service at you device; or
• at the moment you are able to use the Service.
  
  

5. USER CONTENT

If you share, upload, submit or transmit any content (e.g. images, videos, sounds, texts, materials and other data and information) within or via the Services and the Services allow such share/upload/submit/transmit feature (“User Content”), you warrant and represent that the sharing, uploading, submitting and transmitting of the User Content while accessing or using the Services is:

• fully in accordance with this EULA;
• not in violation of any 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;
• free of viruses, adware, spyware, worms and/or other malicious code;
• accurate and not confidential and/or misleading.

By sharing, uploading, submitting or transmitting the User Content within and/or via the Services, you grant our Company a non-exclusive, sub-licensable, transferable, royalty-free and worldwide license to use, distribute, modify, run, copy, adapt, publicly perform or display, broadcast, transfer, lease, commercialize, sell, translate and/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, your User Content as well as all modified and derivative works thereof in connection with the provision of the Services, including marketing and promotions of the Services. You further hereby grant to our Company the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Our Company does not claim any ownership rights to your User Content and nothing in this EULA is intended to restrict any rights that you may have to use and exploit your User Content. Our Company has no obligation to monitor or enforce your intellectual property rights in and/or to your User Content. Our Company is entitled to modify, edit, change, monitor, disable and/or delete any User Content without prior notice for any reason and at any time. You are fully responsible for all User Content you share, upload, submit and/or transmit within or via our Services and you must without undue delay indemnify our Company for any damages and/or costs caused to our Company by the User Content your shared, uploaded, submitted or transmitted within and/or via our Services. You acknowledge that our Company will not screen or monitor and is even unable to screen or monitor every User Content. By using the Service you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. Using the Services is exclusively at your own risk. By the sole discretion of our Company, representatives, employees and/or technology/software of our Company may monitor, screen and/or record your activities within the Service and/or all your communications you perform within and via the Service; by entering into this EULA you hereby grant our Company the irrevocable consent to such monitoring, screening and recording.

6. RULES OF CONDUCT

When you access and/or use any of the Services, you must not:

• disrupt, interfere with or otherwise adversely affect the normal functioning of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services; this also involves win trading and any other kind of manipulation of rankings, taking advantage of errors in the Services to gain an unfair edge over other users and any other act that intentionally abuses or goes against the design of the Services;
• use any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
• change or remove the copyright notices from the Services;
• violate any law, rule or regulation;
• post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
• harass, embarrass, threaten, spam, bully or act in other manner against another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage;
• use hate speech;
• publish, post, upload or distribute any User Content that is illegal or that you do not have permission to freely distribute;
• impersonate another person or falsely imply that you are an employee and/or representative of our Company;
• upload and/or disseminate viruses, malicious codes and/or any other content that has the ability to disable, overburden or limit the proper working of the Services, our Company’s servers, attempt to gain unauthorised access to the Services and/or to the accounts of other users;
• make available via the Services 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;
• use, upload and/or process any personal data of another user in contrary to applicable law;
• modify, remove, alter and/or in any other manner manipulate any security, encryption, and/or other technology or software which is part of the Services;
• promote, encourage or take part in any prohibited activity described above.

You acknowledge that a specific Service may stipulate additional rules of conduct that apply to this specific Service and you are obliged to comply with these additional rules as well.You acknowledge that ads, offers and other sponsored content for various products and services can be displayed to you via/in the Services.

7. PURCHASES WITHIN THE SERVICES (IN-APP PURCHASES)

In some of the Services (mainly games and mobile applications) you will have the possibility to perform in-app purchases. You acknowledge that these in-app purchases are voluntary and the Services are fully functional without these in-app purchases. With an in-app purchase you will be able to buy virtual objects, credits, goods, items, currency, passes, skins, access, modes or other virtual content dependent on the type of the Service. You are entitled to purchase this virtual content only via our Services and not by any other way. You are not entitled to transfer any virtual content within the Service unless it is explicitly authorise in the respective Service. Unless explicitly authorised in the respective Service, you must not sell, purchase, redeem or otherwise transfer virtual content to any person or entity or attempt any of the aforesaid, including but not limited to another user or any other third party. You fully acknowledge and agree that all in-app purchases are subject to a price or fee and you will have the obligation to pay the price or fee for the virtual content you request within the in-app purchase. The respective price or fee for the various virtual content will be displayed in the Service and all prices and fees will include the respective value added tax and other charges (if stipulated by applicable law). Execution of the in-app purchase depends on the Application Platforms, SNS, the respective Service, payment system (provider) and the payment system (service/credit card) you use to pay for the in-app purchase. Our Company is only responsible to deliver you within the respective Service the virtual content you ordered and paid via the in-app purchase. After our Company receives the respective price or fee for the in-app purchase, our Company will send you an electronical invoice and you agree that you will receive only electronical invoice for these purchases. Until our Company receives the payment of the respective price or fee for the virtual content purchased in the in-app purchase, you are not entitled to access, nor use any of the virtual content you requested to purchase. You as the consumer are not entitled to withdraw from the in-app purchase the subject of which is the provision of electronical contents other way than on a tangible medium if the performance has begun with your express consent and you acknowledged that you were informed that you lose your right of withdrawal by this express consent. Relating to the in-app purchases our Company provides you the information and you fully acknowledge that you lose the right to withdraw from the in-app purchase by granting our Company the consent to begin the performance of the virtual content or service purchased in the in-app purchase before the withdrawal period stipulated above. You hereby grant our Company the express consent to begin the performance of the virtual content and services purchased via the in-app purchase prior to the expiration of the above specified withdrawal period and you hereby confirm that you have been duly informed about the loss of the right to withdraw from the in-app purchase by granting this consent. You also acknowledge that the provision of virtual content from the in-app purchases for use in the Services is a service provided by our Company that commences immediately upon acceptance by our Company of your purchase. You fully acknowledge that our Company is not obliged to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual content when your account is closed, whether such closure was voluntary or involuntary. All in-app purchases are non-refundable unless the specific rules of the respective Service stipulate otherwise. Specific conditions and rules to buy, access or use any virtual content via the in-app purchase can be stipulated in the respective Service. All conditions and rules to buy, access or use any virtual content and the prices and fees for various in-app purchases are subject to change. Our Company is entitled to manage, regulate, control, modify or eliminate any virtual content at any time, with or without notice. Our Company will have no liability to you or any third party in the event that our Company exercises any such rights.

8. INTELLECTUAL PROPERTY

All rights to documentation, texts, design, graphics, images, animations, photos, music, sounds, characters, objects, stories, art-work, moral rights, transcripts, game-play mechanics, videos, data, logos, codes, information and other content which are part of the Services and/or displayed within the Services are the intellectual property of our Company and exclusively controlled by our Company, unless otherwise explicitly stipulated. You are entitled to use this content only under the explicit terms and conditions stipulated in this EULA. You are not entitled to reproduce, copy and/or provide this content to third parties.

 

9. DATA PROTECTION

Our Company will process all personal and non-personal data pursuant to the applicable law, technological standards and our Company’s Privacy Policy. You fully acknowledge and agree that our Company will also process your data, User Content and/or other data you voluntary provide with our Company also for internal analytical and statistical purposes for a maximum of ten (10) years after this EULA is terminated and/or ceases to exist.

 

10. HARDWARE REQUIREMENTS

Some Services have a minimum software and/or hardware requirements depending on your chosen device or platform. It is your responsibility to ensure you meet these requirements before downloading, installing, accessing or using the respective Service. To access or use online Services, you will need internet access as well.
Our Company is not responsible for any inconvenience, interruptions and/or limitations during the access, install and/or usage of the Services if:

• you use unsupported device; or
• your device does not meet the technical requirements stipulated in this EULA and/or the technical requirements stipulated at the Service website (product page at the application platform) and/or within the Service; or
• you use unsupported operating system and/or operating system which is not up-to-date; or
• you connect via inadequate internet connection speed and/or internet connection bandwidth.
  
  

11. TERM OF THIS EULA

This EULA is concluded for an indefinite period of time. You are entitled to cancel/terminate this EULA if you delete your account and if the Service does not include account creation, by deleting the respective game, application or software of the Service from your device.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

This EULA and all legal relationships established between you and our Company must be governed and construed in accordance with the Slovak Civil Code (act No.: 40/1964 Coll.) and other laws of the Slovak Republic. The UN Sales Convention (CISG) does not apply. If the jurisdiction of your domicile prohibits our Company from enforcing the governing law provision, nothing in this EULA limits your rights based on the laws governing your domicile. The Slovak courts have the exclusive competence to resolve the disputes arising in relation to this EULA and all legal relationships established between you and the Company. You acknowledge that if you are a consumer resident in the European Union, you can use an online (alternative) dispute resolution platform established by the European Commission to settle disputes about online purchases – without going to court. This online dispute resolution platform is available at the following link: http://ec.europa.eu/consumers/odr/. You also acknowledge that if you are a consumer resident in the European Union, you have the right to initiate an alternative dispute resolution procedure at alternative dispute resolution entity. The list of Slovak alternative dispute resolution entities competent for the alternative dispute resolution procedure is available at the following link: http://www.mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s.

13. LIABILITY

You acknowledge that the Services provided under this EULA are based on a software which is not error free and our Company does not guarantee a nonstop functionality and unlimited access to all Services. Our Company does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without any warranty, assurances or guarantees of any kind. No oral or written advice provided by our Company, its employees or other representatives constitute a warranty. Our Company reserves the right to cancel or terminate the provision of Services and/or support of the Services at any time without giving any reason. Our Company will not be liable for any special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of and/or related to this EULA and/or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not our Company has been advised of the possibility of such damages. By disabling or deleting your account pursuant to this EULA, you have no claim for damages, loss of profit and/or other compensation resulting from this event. You also have no claim for damages, loss of profit and/or other compensation if our Company exercises the right to cancel or terminate the provision of Services and/or support of the Services. Some jurisdictions do not allow disclaimers or limitations such as those stipulated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the above stipulated disclaimers and limitations will only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in this EULA shall infringe upon the statutory rights that you may have as a consumer of the Services. Our Company will not be liable for any delay or failure to perform resulting from causes outside the reasonable control of our Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our Company’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials. You must indemnify and hold our Company harmless from and against justified third party actions, claims, damages and costs (including reasonable attorney’s fees) arising out of a breach of your warranties and obligations stipulated in this EULA.

14. NO WAIVER

The failure of our Company to require or enforce strict performance by you of any provision of this EULA or failure to exercise any right under this EULA will not be construed as a waiver or relinquishment of our Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by our Company of any provision, condition, or requirement of this EULA or the will not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically stipulated in this EULA, no representations, statements, consents, waivers, or other acts or omissions by our Company will be deemed a modification of this EULA, nor legally binding, unless documented in physical writing, hand signed by you and by a duly appointed representative of our Company.

15. TERM OF THIS EULA

Our Company is entitled to assign this EULA, whole or in part, to any third party without your previous written consent. You are not entitled to assign or delegate any rights and/or obligations under this EULA without our Company’s prior written consent. The Company and you are not entitled unilaterally exercise the offsetting rights to offset the counterclaims.

16. EULA UPDATE

Our Company is entitled to unilaterally update this EULA occasionally in response to changing legal, technical or business developments. Our Company intends to regularly improve and optimise the Services, which is why our Company may also update this EULA. Unless otherwise will be required by the applicable law, our Company will notify you of any amendments to this EULA at least fifteen (15) days before these amendments to this EULA become effective. If you do not perform any reservations or objections to these amendments within the stated fifteen (15) days period, these amendments are considered to have been accepted by you and you are legally bound by these amendments.

17. FINAL PROVISIONS

All changes/amendments to this EULA must be executed in a written form and agreed by you and our Company, unless otherwise stipulated in this EULA. There are no side contractual agreements in addition to the contractual agreements stipulated in this EULA. If any provision of this EULA shall be wholly or partially invalid, unlawful, void or unenforceable, such provision will, to the extent required, be severed from this EULA and rendered ineffective without invalidating the remaining provisions of this EULA and will not in any way affect any other circumstances or the validity or enforcement of this EULA.

18. SUPPORT, COMMUNICATION AND COMPLAINTS

Our Company does everything to bring you the best experience by using our Services. If you have any questions, suggestions, complaints, claims or need a support, do not hesitate to contact our Company using the contact details below. In the event of a breach of our Company’s warranties or in the event the Services do not comply with this EULA, you have the right that the Service is corrected without undue delay of the defects or errors free of charge pursuant to this EULA. If there is a defect or error of the Service which cannot be clearly corrected, you are entitled to withdraw from the agreement/contract. If you file a claim or complaint, our Company will settle the claim/complaint within the thirty (30) day period from the date the claim or complaint was filed.

Business name: We Make Games 2, s. r. o.
Registered seat: Revova 7, 811 02 Bratislava, Slovak Republic
ID number: 52 779 475
Email: wemakegames.sk@wemakegames.sk