1. ACCEPTANCE OF THE TERMS OF USE OF THE SERVICE
{{entityName}}, Headquarters: {{entityAddress}}. {{serviceSP}}, hereinafter "Service Provider": "we",
"our" or "we" provides top games and other services optimized for mobile devices. The Services are
available as browser-based applications (“Service/Services”).
By visiting and/or registering for the Services on the Website or any applicable WAP site (“Sites”), you
agree that you are entering into a binding contract with us in accordance with the Terms of Use of the
Service and our Privacy Policy.
Please take the time to read and understand the Terms of Use. If you do not agree to the Terms of Use or our Privacy Policy, please do not use the Sites or the Service.
The Terms of Use and our Privacy Policy will be updated from time to time. These changes will form part of the Terms of Use even if you do not use the website again. It is your responsibility to familiarize yourself with any changes or modifications to the Terms of Use of the Service and our Privacy Policy.
2. USE AND AVAILABILITY
Full access rights to the Service are obtained by taking out a paid subscription, which can be purchased
for
various seasons and then automatically renews unless canceled. We give our subscribers full access to the
content as long as their subscription is active.
Once you purchase the subscription, fees will apply regardless of whether you use the service or not.
Payments
apply only for the right to download, receive and use the content.
You agree to pay all payments, fees and the like arising from the order on time.
The service is provided “as is” and “as available” at the time of use and the manufacturer assumes no responsibility, compensation or warranty obligation if personal settings, information or messages are not saved (in a timely manner), deleted or incorrectly transmitted .
To get the most out of our service, you must have the necessary mobile communications devices with easy Internet access. Some of the wireless applications are only available on certain mobile devices. This depends on the manufacturer of the device and is beyond the control of the service provider. To avoid disappointment, we ask that you check the compatibility of your device before ordering the service.
3. AGE RESTRICTION
To use the Service, you must:
- Be at least the age of majority in your country of residence and have the
bill payer's permission to register for and use the Service on their behalf, and
-
You must act on behalf of
the bill payer the bill payer and yourself agree to comply with the Service Terms of Use and our Privacy
Policy.
4. PAYMENTS
To obtain full access to the Service, you will be charged applicable fees.
Payment is made via your mobile phone bill, which you receive from your mobile provider, or via another payment method of your choice. Your wireless carrier may also charge separate SMS fees and/or other network fees.
In the welcome message from the service provider, you will receive information about the service fee and the frequency of the service. We ask you to review the welcome message and save it to your mobile device.
All fees, including fees for an existing subscription agreement, are subject to change upon notice from the Service Provider. The service provider may notify such a change within a reasonable period of time. If you do not accept the new payments (applicable in advance only), you can cancel your order. The cancellation will take effect immediately thereafter.
If you dispute fees that have already been charged, you must contact us immediately and fully explain your claim.
5. SECURITY AND REGISTRATION OBLIGATIONS
The safe use of the service and the collection of the applicable fees require registration. You warrant that the information you provide to us (“Information”) is accurate in all situations. If the Service Provider, in its sole discretion, has reason to believe that the data stored is incorrect or incomplete, the Service Provider has the right to suspend or terminate your account and refuse both current and future use of the Service or any part thereof.
You are responsible for maintaining the confidentiality of any password and/or account assigned to you by the Service Provider and are fully responsible for all actions you take, including use of your password or account. You must contact the service provider if you become aware or suspect that your password or account has been used without permission or if you become aware of any other breach of security. Please also contact us if you become aware of any other illegal materials or activities on the Service or that violate the Terms of Use of the Service.
The Service Provider may grant Users the right to use some Services without registration, such as registering for the Service via a mobile device. In such a case, you will be identified using a method we deem appropriate, such as your mobile phone number.
6. CHANGES TO THE SERVICE
We reserve the right to update, change, suspend or discontinue the Services at any time without notice. You agree that we will not be liable to the User or any third party for any modification or termination of the Service, nor will you be entitled to any compensation or other payment.
7. OPERATING RULES
You agree to use the Service in compliance with the following rules of practice:
- The User may not use the Services for any illegal, unauthorized or commercial purposes;
- You will keep all information provided to you through the Service private and confidential and will
not
disclose the information to any third party without the permission of the service provider or the person
who
provided the information to you.
-
You will not use the Service to engage in harassing or offensive conduct of any kind, including, but not
limited to, posting messages, images or recordings that contain defamatory, abusive or derogatory
statements
or racist, pornographic, obscene or offensive language or images ;
-
You will not use the Service to violate the privacy rights, proprietary rights or other rights of the
Service Provider or any other person;
- You will not use the Service in a manner that infringes, copies or violates the rights of the Service
Provider or any third party, including but not limited to copyright or privacy or other personal and
proprietary rights, or is fraudulent or otherwise unlawful or otherwise in violation violates the law;
-
You will not reproduce, copy, sell, resell or recycle the Service, in whole or in part;
-
You are responsible for ensuring that your equipment and software do not interfere with the operation of
the Service Provider.
8. BREACH OF AGREEMENT
Without limiting our rights under our other Terms of Use, if you breach the Terms of Use, or if we have
reason
to suspect that you have breached them, we may do the following:
- Send one or more written warnings.
-
Temporarily block your access to the service;
- Permanently suspend your access to the Service;
- Prevent computers using your IP address from accessing the Service;
- Contact your Internet service provider and ask them to block your access to the service.
- Take legal action against you, whether for breach of contract or otherwise;
-
Terminate or delete your Services account.
You agree that we will not refund any subscription fees already paid. If we block your access to the Services or any part of the Services, you must not attempt to circumvent this prohibition (including by creating a new user account).
9. PRIVACY PRACTICES
We use personal information in accordance with our Privacy Policy. Our Privacy Policy is an integral part of our Terms of Service. By agreeing to our Terms of Service, you also agree to the use of personal information in accordance with our Privacy Policy.
10. LIABILITY
You agree to indemnify and hold harmless Producer, its parents, subsidiaries, affiliates, affiliates,
subcontractors and their directors, officers, agents, employees and their representatives from all claims,
damages, suits, actions, liabilities and other related thereto related claims by third parties:
- Use of the
Service, its contents, downloads, software and websites, including downloads from websites;
-
For breach of
the Terms of Use;
- For breach of any express or implied warranties of the manufacturer;
- Violate
any law, regulation or third party rights. You will be responsible for all costs and damages, including
reasonable attorneys' fees and other costs, incurred and incurred by Producer in connection with such
activities.
11. CANCELLATION AND TERMINATION OF THE CONTRACT
Information about termination of the Service and interruption of the SMS data flow can be found on the
websites connected to the Service. The service provider's free welcome message also contains information
about
how to cancel the service. In addition, you can send an email to the email address provided on the
Websites
and/or Services or to the address {{cucaEmail}}.
If your country of residence is part of the European Union and you have subscribed to the Service, you
have
the right to cancel the subscription within 14 days without giving any reason. The cancellation period is
14
days after the order. In order to exercise your right of withdrawal, you must inform us of your decision
to
withdraw by sending us a clear message. You can use the attached sample cancellation form, although this
is
not mandatory. It is sufficient if you send the cancellation before the cancellation period expires.
If you cancel the transaction, we will refund all payments made by you as soon as possible and no later
than
14 days after the day on which we received the cancellation notice. You will not incur any costs for the
refund.
If you use the service within the cancellation period, you must pay us the amount corresponding to the
service
offered up to the cancellation notice, which will be compared with the amount corresponding to the entire
order.
The right of withdrawal does not apply when renewing an order.
12. ADVERTISING
We may advertise and make offers subject to the laws of your country of residence. As part of the terms of use of the Service, we may display advertising and other offers on our websites and send advertisements and offers to your mobile device or otherwise related to our Service. You further agree not to attempt to block or otherwise interfere with advertising or offers.
We will not pass on your personal data to third parties without your consent. You have the right to request that we stop direct marketing at any time.
The service provider is not bound by the advertisements or offers appearing on its websites or services, their content, the products, services or companies advertised. The Service Provider is not involved in or in any way responsible for any transactions related to the products or services offered by these third parties or the content or information associated with such products or services. You agree that the Service Provider is not responsible for any damages that may arise from these transactions.
13. INDUSTRIAL LAW AND COPYRIGHT
You understand and agree that the software used with the Service (“Software”), the Websites and the Services contain information and trademarks that are protected by copyright laws, trade secret laws, trademark laws and other intellectual property laws. Unless otherwise set forth herein, all now and hereafter known global rights relating to all versions of the Websites, the Service and the Software shall always vest with the Service Provider (“Intellectual Property Rights”).
You agree to waive any claims related to intellectual property rights and you acknowledge that you have no direct or indirect intellectual property rights, except those expressly guaranteed in the Terms of Use of the Service.
You warrant that you will not modify, rent, loan, sell, distribute or create any content or products based in whole or in part on the Service or Software unless expressly authorized in writing by the service provider.
Service Provider hereby grants you, and you hereby agree to, a personal, limited, non-exclusive, revocable, non-assignable, non-transferable license. You are permitted to install the Software and download the Content associated with the use of the Service only on a specific compatible mobile device solely for your personal, non-commercial use and to use the Software and websites only in accordance with the Terms of Use of the Service, as long as You will not copy or modify the Software, Source Code or Content, or reproduce, alter, display, transmit, distribute, sell or resell, create a product or Content based on or reverse engineer, disassemble or attempt to disassemble the Source Code other way to find it, and you agree not to sell the rights and intellectual property rights
14. NO WARRANTY
WE, OUR DIRECTORS, EMPLOYEES, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, PARTNERS, AGENTS AND LICENSORS
(“PRODUCER
PARTIES”) DISCLAIM ALL LIABILITY FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICE, ITS
CONTENT,
SOFTWARE AND SITES.
YOU AGREE THAT:
- THE SERVICE, ITS CONTENT, SOFTWARE AND SITES ARE PROVIDED “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRODUCER PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, DIRECT,
IMPLIED, STATUTORY, OR OTHER, WITH RESPECT TO THE SERVICE, ITS CONTENT, SOFTWARE AND SITES, INCLUDING
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NOT - VIOLATION OF
PROPERTY RIGHTS;
-
THE PRODUCER PARTIES DO NOT WARRANT THE SECURITY, RELIABILITY, ACCURACY, OR PERFORMANCE OF THE SERVICE,
ITS
CONTENT, SOFTWARE, AND SITES. THE SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICE, ITS CONTENT,
SOFTWARE OR
SITES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE, ITS CONTENT, SOFTWARE AND SITES WILL BE
AVAILABLE,
INCLUDING UNINTERRUPTED OR ERROR-FREE;
-
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU MUST NOT RELY ON ANY SUCH ADVICE OR INFORMATION.
-
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND USE THE SERVICE, ITS CONTENT, SOFTWARE AND SITES AT YOUR
OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, PHONE OR OTHER
DEVICE
OR LOSS OF DATA THAT RESULTS ANY SOFTWARE, SOFTWARE OR SITE OR USE CAUSED BY THE DOWNLOAD;
-
IMAGES DISPLAYED ON THE SITES AND/OR SERVICES ARE FOR ILLUSTRATIVE PURPOSES ONLY. IMAGES DO NOT
REPRESENT
THE SERVICE PROVIDERS; AND
-
We are not responsible for any misrepresentation or misrepresentation of ideas or facts in the content
of the Service and/or the Websites.
15. DISCLAIMER
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE SERVICE PROVIDER PARTIES BE LIABLE FOR ANY DAMAGES CAUSED
BY
YOU OR ANY THIRD PARTY, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
TO
THIRD PARTIES OR ANY SUBSTANTIAL DAMAGES (INCLUDING LOSS OF SALES, BUSINESS NAN).
INTERRUPTION, LOSS OF DATA,
AND OTHER THAT RESULT IN THE USE, MISUSE OR UNAVAILABILITY OF THE SERVICE, ITS CONTENT, THE SOFTWARE AND
THE
SITES, EVEN IF THE MANUFACTURER'S REPRESENTATIVE IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING
DAMAGES CAUSED BY) AWARE THIRD PARTY.
NOT ALL JURISDICTIONS ALLOW SUCH DISCLAIMERS, SO THE FOREGOING
LIMITATIONS MAY NOT APPLY. IN NO EVENT WILL THE MANUFACTURING PARTIES BE RESPONSIBLE FOR ANY DAMAGES
CAUSED.
16. GENERAL INFORMATION
These Terms of Service and Privacy Policy constitute the entire legal agreement and understanding between
you
and the Service Provider and supersede all prior agreements, understandings and representations between
you
and the Service Provider with respect to the Websites and the Service.
You agree that the Terms of Use of the Service or use of the Sites and the Service do not constitute a
transaction, business partnership, employment
or contractual relationship between you and the Service Provider.
You may not assign your rights or
obligations under the Agreement to any third party without our written consent. Nothing in this Agreement
affects your statutory rights as a consumer.
17. LAW, JURISDICTION AND SEVERABILITY
The relationship between you and the Service Provider will be governed by the national laws of your
country of
residence, without regard to the provisions of international law. Therefore, you and the service provider
do
not have the right to exercise jurisdiction over activities related to the terms of use of the service.
The
United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Disputes will be submitted to arbitration for a final and binding decision in accordance with the rules of
the
Association of Arbitration Bodies in your country. Even if the service provider does not exercise or rely
on
the rights or conditions reserved to it in the terms of use of the service, this does not constitute a
waiver
thereof.
However, if any of the Terms of Use of the Service are found to be invalid or unenforceable by a court of
competent jurisdiction or an agreed arbitrator, this shall not affect the validity or enforceability of
the
other Terms of Use.
If you have any questions, please contact us by email: {{cucaEmail}}.