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 (a) 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 (b) 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:
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The User may not use the Services for any illegal, unauthorized
or commercial purposes;
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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.
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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 ;
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You will not use the Service to violate the privacy rights,
proprietary rights or other rights of the Service Provider or any
other person;
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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;
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You will not reproduce, copy, sell, resell or recycle the
Service, in whole or in part; And
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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:
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Send one or more written warnings.
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Temporarily block your access to the service;
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Permanently suspend your access to the Service;
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Prevent computers using your IP address from accessing the
Service;
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Contact your Internet service provider and ask them to block your
access to the service.
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Take legal action against you, whether for breach of contract or
otherwise; and or
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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: (i) use of the Service, its
contents, downloads, software and websites, including downloads from
websites; (ii) for breach of the Terms of Use; (iii) for breach of any
express or implied warranties of the manufacturer; or (iv) 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.
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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;
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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;
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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.
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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;
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images displayed on the sites and/or services are for
illustrative purposes only. images do not represent the service
providers; and
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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}}.