Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
PARTICIPATION IN GAMES, COMPETITIONS AND TOURNAMENTS
Games offered by the Promoter are not considered as gambling. The following apply regarding participation in Games, Competitions and Tournaments:
- The Website and Games are available to anyone but if users wish to enter in any price draw or tournament, they should be at least 18 years old. Minors may participate if consent is given by their guardians.
- Use of any Games is generally free of charge (through the provision of free chips provided by the Promoter in the format, number and frequency decided at his absolute discretion) but users may have the possibility of purchasing services or additional chips or any other virtual items, through the Promoter from time to time in order to get a better score or / and participate in tournaments.
- Chips purchased are a virtual currency used in the game and do not have their own value in any other currency. They do not represent a means of payment according to the applicable law but only a virtual equivalent that pays for the use of services in the games. The chips linked to each user’s account do not bring interest, regardless of how long they were not used by the user.
- Chips earned by a User cannot be paid/re-purchased by the Promoter and/or sold to any other third-party. Any agreement between Users and/or third parties will not be binding on the Promoter.
- Participation in a competition or tournament constitutes permission to use any audio, video, and photos for any type of publicity purposes at the discretion of the Promoter and sponsors without additional compensation.
- In the event of a tie, the prize will be shared between each winner in equal proportions.
- Competition or tournament winners will be contacted either by email or by telephone. You must provide accurate contact details on registration. On being contacted winners must provide evidence of their age and of their compliance with the competition rules and these Terms and Conditions, to the Promoter’s reasonable satisfaction.
- The competition or tournament will be run at the Promoters discretion with the aim of being as fair as possible. However, the Promoters decision is final.
- We reserve the right to suspend or terminate your access to this website and our services, and to refuse entry into the Competition. For any accounts closed, regardless of the cause, the User is not entitled to demand reimbursement of the amounts already paid.
- We reserve the right to change the Competition rules and these Terms and Conditions from time to time. If we do so, we will notify you of the fact that there are changed terms, and your continued use of our services will constitute your acceptance of the new rules and/or Terms and Conditions.
- The Promoter shall not be liable, whether in tort, contract, misrepresentation or otherwise for loss of profits, loss of anticipated savings, loss of goods, loss of use, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
CANCELLATION AND REFUND POLICIES
The Promoter is not liable if due to incorrect data entry, any payments made by a User, are not confirmed in the Accounts of the Promoter and therefore in that person’s User Account the respective amount of Chips is not added.
Any purchase of Chips is considered final and cannot be cancelled for any reason.
Chips purchased by any User are not refundable and the Promoter is not liable if for any reason the User cannot use them.
For any errors in the amount of Chips added to a User account following a purchase please contact firstname.lastname@example.org.
Ownership. All content included on the Promoter’s Games and Sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of the Promoter or its content suppliers and protected by Cyprus and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Promoter’s Games and Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Promoter or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Promoter’s Games and Sites, services, products or software, in whole or in part.
Permitted Use. The content and software on the Promoter’s Games and Sites may be used as an information, entertainment, and registration resource. In addition, the Promoter hereby authorizes you to view, copy, download, and print for personal use only any the Promoter-owned content on the Promoter’s Games and Sites. Such personal use is subject to the following conditions:
(i) content may be used only for non-commercial, informational purposes and may not be posted or distributed,
(ii) the content may not be modified, and
(iii) copyright, trademark and other proprietary notices may not be removed.
SOCIAL NETWORK SITES
If you access the Promoter Games and Sites via a third party social networking site (“Social Games”), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete. If the Promoter has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, s/he may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).
USER SUBMISSIONS AND CONTENT
If you participate in a game or tournament on the Website, post links on the Website, or otherwise make (or allow any third party to make material available by means of the Website), you are entirely responsible for the content of, and any harm resulting from that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.
This means that you, and not the Promoter, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Promoter’s Games and Sites. The Promoter does not control the Content posted via the Promoter’s Games and Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Promoter’s Games and Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Promoter be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Promoter’s Games and Sites.
The Promoter does not claim ownership of any Content submitted and/or posted by you on any Promoter Site. However, by submitting Content to the Promoter for inclusion on your tournament page, you grant the Promoter a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your tournament and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. If you delete Content, the Promoter will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
In consideration of being allowed to use the Promoter interactive areas and the Promoter Games and Sites, you agree not to:
(i) Use any unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
(ii) Impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of the Promoter.
(iii) Use an inappropriate member name of any kind.
(iv) Target or harm minors in any way.
(v) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PromoterοΏ½s Games and Sites.
(vi) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
(vii) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
(viii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
(ix) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(x) Interfere with or disrupt the PromoterοΏ½s Games and Sites or servers or networks connected to the PromoterοΏ½s Games and Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Promoters Games and Sites.
(xi) Intentionally or unintentionally violate any applicable law.
(xii) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
(xiii) “stalk” or otherwise harass another; and/or
(xiv) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above;
(xv) use any Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
You acknowledge that the Promoter may or may not pre-screen Content, but that the Promoter and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Promoters Games and Sites.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Promoter or submitted to the Promoter, including without limitation information in the Promoter Message Boards and in all other parts of the Promoter’s Games and Sites.
You acknowledge, consent and agree that the Promoter may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of the Promoter, its users and the public.
MULTIPLE ACCOUNTS AND USE OF OTHER ACCOUNTS
Multiple accounts are prohibited and are subject to bans and erasing of all user accounts registered without notice. All accumulated tokens and virtual products will be taken from the User without giving a reward. Penalties are applied for a violation of this rule without taking into account whether the accounts registered by the User are actually used or not. The entry by the account of User of Others (account sitting) is not permitted.
LINKS; THIRD PARTY SERVICES; PROMOTIONAL MESSAGES
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against the Promoter with respect to such sites.
In addition, you may order services or merchandise through the Promoter’s Games and Sites from other persons not affiliated with the Promoter (“Seller”). All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. the Promoter makes no warranties or representations whatsoever about any goods or services provided by Sellers. You will not consider the Promoter, nor will the Promoter be construed as, a party to such transactions.
The Promoter and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. the Promoter makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither the Promoter nor such third party shall have any liability with respect thereto.
You further agree to receive certain periodic communications from the Promoter such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the PromoterοΏ½s Games and Sites and services and that you may not be able to opt out of receiving such communications in every instance.
REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your login ID and password (your “registration”). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Promoter of any unauthorized use of your registration. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Cyprus or other applicable jurisdiction.
You also agree to:
(i) provide true, accurate, current and complete information about yourself as submitted to the Promoter, and
(ii) maintain and promptly update your registration information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Promoter has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. the Promoter has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Promoter’s Games and Sites or related products and services (or any portion thereof).
The Promoter makes every effort to protect individual privacy and personal information, and is particularly concerned about child privacy. Parents of children under the age of 18 who wish to allow their children access are required to provide their consent for any registration. By creating such a registration involving your child under the age of 18, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the registration. Unless you have notified us otherwise, you also give your child permission to access any areas of the Promoter’s Games and Sites related to the registration, including email, message boards and other registration related information. Please remember that the Promoter’s Games and Sites and the Promoter services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Promoter’s Games and Sites areas and/or content are appropriate for your child.
The Promoter is committed to respecting and preserving the privacy of the players who register with us. When you register with the Promoter, you are required to give us contact information like your name, surname and your e-mail address. We use the registration information to:
- contact the visitor when necessary
- Help you with technical support problems.
- Provide any prizes.
- E-Mail your username and password to you in the event you forget them.
When you register as a member, other users will only be able to view your Name and first initial of your surname. You may choose whether to disclose any further of your personal information on the Website.
Other players (who have taken part in a tournament or game) will be able to view your results, points won or lost, types of games you have participated in and historical overview of games played.
We utilize other information like IP addresses and cookies to diagnose and troubleshoot visitor’s problems, and also to save your password so you don’t have to re-enter it every time you visit the site. If at any time you would like your information removed from our database, contact us and request removal.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF the Promoter IS AT YOUR SOLE RISK. The Promoter IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Promoter AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON the Promoters GAMES AND SITES OR OTHERWISE BY the Promoter IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER the Promoter NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN the Promoter, ARE ENGAGED IN RENDERING LEGAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. the Promoter ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
THE PROMOTER MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. The Promoter DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, the Promoter’s GAMES AND SITES. The Promoter IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF The PromoterοΏ½s GAMES AND SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
LIMITATION OF LIABILITY
THE PROMOTER, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF the Promoter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE The Promoter’s GAMES AND SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM The Promoter’s GAMES AND SITES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON The Promoter’s GAMES AND SITES; OR (E) ANY OTHER MATTER RELATING TO The Promoter’s GAMES AND SITES, OR the Promoter PRODUCTS OR SERVICES. YOU AGREE THAT THE PROMOTERS MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED 1 EURO.
The Promoter reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate:
(ii) your registration with or ability to access the Promoter’s Games and Sites and/or any other service provided to you by the Promoter upon;
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Promoter’s Games and Sites and/or the Promoter services (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
Where your account or registration with the Promoter is terminated, all records, information, messages, content and other information related to your registration and account may also be deleted by the Promoter in its sole discretion without any notice or liability to you. the Promoter shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the Promoter’s Games and Sites and/or the Promoter services.
APPLICABLE LAW; CONSENT TO JURISDICTION
The Promoter’s Games and Sites (excluding linked sites) are controlled by the Promoter from its offices within Cyprus. The Promoter’s Games and Sites can be accessed from other countries around the world. As each of these places have laws that may differ from those of Cyprus, by accessing the Promoter’s Games and Sites both you and the Promoter agree that the laws of Cyprus, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Promoter’s Games and Sites.
You agree that exclusive jurisdiction for any dispute with the Promoter, or in any way relating to your membership or use of the Promoter, resides in the courts of Cyprus and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Cyprus in connection with any dispute including any claim involving the Promoter or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
– With your prior approval, the Promoter reserves the right to charge fees, surcharges and/or membership fees at any time.
HNM Spectrum Games Ltd
Attn: Managing Director,
Telephone: +357 22119494
2M Kasou Street
P.O Box 28050, 2090