TERMS OF SERVICE

Terms of Service relating to use of the Site by the Customer in connection with the Permitted Activities

DEFINITIONS

For the purposes of these Terms of Service the following expressions shall have the following meanings-

TERMS AND CONDITIONS

By using the Service the Customer agrees to the following Terms and Conditions of Service-

1. LEGAL AGREEMENT

1.1that by using the Service the Customer agrees and enters into a legally binding contract with the Company in accordance with the Terms and Conditions set out in these Terms of Service in relation to the Service;

1.2that the Privacy Policy defnining 'Personally identifiable information' (PII) and how it is being used online in connection with the Services are integral part of these Terms of Service;

1.3that the Service is provided to the Customer by the Company in consideration of the Customer's acceptance of these Terms of Service;

1.4that in addition to the express provisions of these Terms of Service the Customer is (and shall be) bound by any policies, rules, codes of behaviour or conduct in relation to the Game and/or the Service, including but not by way of limitation, any direct or individual instructions, directives or requirements communicated to the Customer by the Company from time to time;

1.5that this legal agreement shall include (and be deemed to include) any and all amendments, revisions, updates and/or replacement provisions made from time to time by the Company in relation to the Service;

2. OWNERSHIP

2.1that the Customer is the owner of a legal copy of the Game;

2.2that the Customer has obtained all necessary consents in relation to images and/or footage posted or uploaded to the Site in connection with the Permitted Activities where the Customer is not the sole creator or originator of images posted to the Site;

2.3that the Customer indemnifies the Company in relation to any and all direct or indirect losses or consequences flowing from the use of the Site by the Customer;

3. USE

3.1that when using the Site the Customer will-

3.1.1create and register a user profile as required by and in accordance with the log-in procedure detailed on the Site;

3.1.2only upload screen-shot or screen-capture images taken from the Game;

3.1.3comply with all policies, rules and/or regulations posted on the Site or communicated to the Customer by the Company from time to time;

3.1.4not post, upload or in any other way publish images or screen-capture images or content of an obscene, offensive or indecent nature (including images or content reasonably likely to offend other people or third parties);

3.1.5only upload screen-shot or screen-capture images in keeping with the nature and purpose of the Game;

3.2that in the event that the Customer fails to comply with Clause 3.1 or uses the Site in a way not in keeping with the policies or requirements of the Company the Customer will remove, rectify and/or delete any such images uploaded to the Site forthwith upon receiving notification of such objection from the Company;

4. GRANT

4.1in consideration of the Customers agreement to the terms and conditions of these Terms of Service the Company grants to the Customer the right to use the Site for the Permitted Activities;

4.2the right granted pursuant to Clause 4.1 is a personal, non-exclusive, non-transferable right granted to the Customer only;

4.3in exercising the rights granted to the Customer pursuant to this Clause 4 the Customer agrees that it will use all reasonable endeavours to exercise such rights in a manner in keeping with the objectives and purpose of the Game and the Site and in keeping with the values of the Company;

5. TERMS AND CONDITIONS OF USE

Notwithstanding the aforementioned and other Terms and Conditions of these Terms of Service use of the Site and the Service by the Customer is permitted SUBJECT ALWAYS TO the following Terms and Conditions and the Customer expressly agrees with the Company-

5.1that it will not copy, distribute, publish, permit access to or in any other way use the Site or the Service for any purpose or purposes other than the Permitted Activities;

5.2that it will only access the Site and the Service through the authorised gateway and log-in procedure provided by the Company to the Customer;

5.3that the Customer will not amend, alter or change (or seek to amend alter or change) the Site or the Service in whole or in part;

5.4that the Customer will only use the Site and the Service for the Permitted Activities (as permitted, altered, amended and/or revised by the Company from time to time);

5.5that the Customer will not alter, amend or change (or attempt or seek to alter, amend or change)(such expressions to include (but not be limited to) circumvention, disabling or interference with) the security settings or other security related features, systems and/or infrastructure of the Site and/or relating to the Service;

5.6that the Customer will not use the Site or the Service for or in connection with any commercial activity without the prior written consent of the Company;

5.7that notwithstanding (and in addition to the provisions of) Clause 5.6 the Customer shall on no account use the Game, the Site and/or the Service for or in connection with any advertising, promotional, sponsorship or related activity or activities without the prior written consent of the Company;

5.8that the Customer shall not use or launch any automated system (including, without limitation, any robot, spider or offline reader) in connection with or in order to gain access to the Site or the Service where such system generates (or is capable of generating) or sends (or is capable of sending) an unreasonable volume of requests, messages and/or other data or requests that would create an unreasonable load, demand or burden on the Site or the Service (as the Company shall deem unreasonable from time to time);

5.9that the Customer shall not collect or harvest (or seek to collect or harvest) the personal details and/or other details or information relating to users of the Site and/or the Service;

5.10that the Customer shall not approach, solicit or in any other way contact other users of the Site other than through the Site and/or the Service or in a manner in keeping with the Permitted Activities and the nature of the Site and/or the Service;

6. CONFIDENTIAL INFORMATION

6.1the Customer hereby accepts and acknowledges that it will keep and maintain confidential all and any information relating to or arising out of or as a result of itís use of the Site and/or the Service;

7. LICENCE

7.1Notwithstanding (and in addition to) the other Terms and Conditions of these Terms of Service the Customer agrees and grants to the Company a full non-revocable licence in perpetuity in relation to all and any screen-capture images, footage, postings, uploads and other material or materials posted or uploaded to the Site by or on behalf of the Customer during it's use of the Service in connection with the Permitted Activities and expressly permits and authorises the Company to use all or any such screen-capture images, footage, postings, uploads and other material or materials in connection with its business and/or the other activities of the Company which (for the avoidance of doubt) shall include (but not be limited to) promotional and/or advertising activities in relation to the Game, the Site and/or the Service;

8. TERMINATION

8.1the Company reserves the right to terminate, revoke, rescind and/or cancel the licence and any right or rights granted to the Customer at any time and for any reason including (but not by way of limitation) in the event of misuse of the Site and/or the Game or in the event of breach of the Terms of Service detailed herein (including, but not by way of limitation, any activity, use or reference to the Site, the Game or the Permitted Activities for purposes not in keeping with the objectives of the Game, the policies of the Company or otherwise approved by the Company;

9. SUSPENSION

9.1the Company shall have the right to suspend the Service and/or the Site at any time and for any reason in whole or in part and (but not by way of limitation) in relation to individual Customers or groups of Customers for the following reasons-

9.1.1technical reasons (including (but not limited to)) technical or support or service reasons arising in connection with the existing or future business requirements or needs of the Company (including (but not by way of limitation)) for the purposes of maintenance, modification of the Site and/or the Service, business and/or product development and/or for any other technical reason whatsoever;

9.1.2misuse of the Site and/or the Service;

9.1.3any other reason reasonably arising out of or in connection with the existing and/or future business or other activities of (or arising in connection with) the Company;

10. INDEMNITY

10.1the Customer indemnifies the Company in relation to any and all direct or indirect losses or consequences flowing from the use of the Site by the Customer;

11. RESPONSIBILITY

11.1notwithstanding the aforementioned Clauses of these Terms of Service the Customer agrees that it will use the Site and the Service in a responsible way and will comply with all reasonable requests, directions, rules, regulations and/or policies made, put in place and/or communicated to the Customer by the Company from time to time in relation to the Site and/or the Service;

11.2notwithstanding the provisions of Clause 10.1 (and for the avoidance of doubt) the Company shall not be responsible to the Customer for or in relation to any direct or indirect losses, costs and/or expenses experienced, incurred or in any other way arising as a result of the use of the Site and/or the Service by the Customer and all liability for any such losses costs and/or expenses are hereby expressly excluded;

12. DISPUTE RESOLUTION

12.1any dispute arising under the terms of this Agreement and Terms of Service in relation to use of the Site by the Customer and/or in relation to the Permitted Activities shall be determined in the first instance in the absolute discretion of the Company and in the case of continued disagreement by an Independent Arbitrator appointed or nominated by the Company;

13. REFERENCES

13.1references in these Terms of Service to the singular shall include the plural (and vice versa) and reference to the masculine shall include the feminine and neuter;

14. SEVERABILITY

14.1in the event of the unenforceability, amendment, deletion and/or removal of any Clause or Clauses contained in these Terms of Service (in whole or in part) the remaining terms and conditions shall remain in full force and effect;

15. APPLICABLE LAWS

15.1the rights granted to the Customer pursuant to this Agreement and these Terms of Service are governed by the laws and regulations of the Czech Republic and in the case of any dispute between the laws and regulations of a territory and those of the Czech Republic the laws of the Czech Republic shall prevail to the extent permitted by law;


This document was last updated on April 20, 2015