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End User License Agreement for Wind of Luck: Arena
Last updated: 15 July 2015
1. About this End User Licence Agreement
1.1. This End User Licence Agreement (or "EULA") governs the relationship between you and Trazzy Entertainment Ltd., Georgiou Gennadiou, 10, AGATHANGELOS COURT, Flat/Office 403, 3041, Limassol, Cyprus IR in relation to our game, "Wind of Luck Arena" (the Game).
1.2. This EULA incorporates the rules and guidelines that apply to your use of the Game (the Game Rules). The Game Rules are set out in the public forums http://forums.windofluck.com, and form part of this EULA.
2. This EULA and You
2.1. If you are under 13 years of age or other minimum legal age where it differs under local legal requirements, please ask your parent or guardian to review and approve this EULA on your behalf. If you are under the aforesaid age, you must not use or access the Game without a parent or legal guardian supervising you.
2.2. You confirm your agreement to this EULA including the Game Rules as part of the installation process of the Game (if applicable) or by using the Game. If you do not agree to this EULA or the Game Rules, please do not attempt to install or use the Game.
3. Terms of Service and Privacy Policy
You confirm that as part of the process of creating a Trazzy Entertainment account (an "Account") you read and agreed with our Terms of Service and our Privacy Policy.
4. Amendments to this EULA and the Game Rules
4.1. From time to time, we may need to amend this EULA, for example to reflect new features and functionality in the Game or because of changes in the law. The latest version of this EULA will always be available on the Trazzy websites (the "Sites"). Any new version of this EULA shall take effect: (i) immediately upon the date of posting on the Sites where the changes to this EULA relate to non-material changes which do not reduce your rights; or (ii) no less than 30 days after the date of posting on the Sites where the changes to this EULA potentially reduce your rights. Please make sure you check for updates to this EULA each time you use the Game. If we make a material change to this EULA and your consent to such change is required by applicable law, we will obtain your consent. If you continue to use the Game after a new version of this EULA takes effect, then you shall be considered to have accepted the latest version of EULA. (This section does not apply to changes to the Game Rules which is addressed in section 4.2).
4.2. From time to time we may also need to amend the Game Rules, for example to address issue that may arise in the Game or the way that the Game is being played and to ensure that the Game continues to be enjoyable for all users. The latest version of the Game Rules will always be available on the Sites. Any new version of the Game Rules shall take effect immediately upon the date of posting on the Sites. If you continue to use the Game after a new version of the Game Rules takes effect, then you shall be considered to have accepted the amended Game Rules.
5. Using the Game
5.1. In return for your acceptance of this EULA, we give you the personal right (known as a 'licence') to download, install and play the Game.
5.2. This licence is
5.2.1. 'non-exclusive' (meaning that we can grant the same and similar licences to other people as well);
5.2.2. 'revocable' (meaning that we can terminate this licence in certain circumstances, which are explained further below);
5.2.3. 'personal' (meaning that you may not use the Game for any commercial purpose);
5.2.4. 'non-transferable' (meaning that the licence is only for your benefit and you may not transfer or sub-licence any of the rights that we grant to you to any other person); and
5.2.5. 'limited' (meaning that you can only use the Game for the purposes we set out in this EULA); and
5.2.6. conditional on your compliance with this EULA.
6. Technical Requirements
By using the Game you agree that you have the necessary hardware, software and capability (including a suitable connection to the Internet) required for the use of the Game. We accept no responsibility or liability for any failure of your system to meet the technical requirements of our Game.
7. Patches, Updates and Changes
7.1. From time to time, we may need to
7.1.1. deploy or provide patches, updates, additional content or other modifications to the Game (for example to enhance online gameplay, to add new features or to resolve software bugs); and
7.1.2. remove or suspend access to particular features, content or other parts of the Game.
7.2. We need to take the actions referred to in section 7.1 automatically in order to keep the Game running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.
8. Intellectual Property
8.1. The Game, including the code, graphics, game play, user interface, audio and other content, contain proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or licence all of this proprietary information and material and that you may not use or exploit any of it without our permission.
8.2. "Trazzy" and "Wind of Luck" and "Wind of Luck Arena" and their respective logos are trade marks or registered trade marks of Trazzy Entertainment Ltd. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Game are the property of their respective owners and all rights in them are reserved.
9. Game Rules
9.1. The Game Rules set out how we expect you to behave when playing the Game. Please review the Game Rules carefully before playing the Game. Please note that 'role-playing' is not an excuse for contravening the Game Rules.
9.2. If you contravene the Game Rules, then we may, at our reasonably discretion depending on the seriousness of the breach and without any notice to you, take some or all of the following actions:
9.2.1. suspend your access to the game chat functionality in the Game for a short period of time;
9.2.2. suspend your access to the game chat functionality in the Game for a longer period of time; and
9.2.3. suspend or terminate your Account as provided in the Terms of Service, and in each case the level of seriousness of the breach shall be determined exclusively by Trazzy Entertainment and you agree not to appeal against such decisions.
9.3. If we suspend your access to the 'game chat' functionality in the Game, then during the period of that suspension you will be able to play the Game and read the 'game chat' of other players, but will not be able to participate in 'game chat'.
9.4. If you encounter another user who is contravening any of the Game Rules, please report this activity to Trazzy Entertainment using the "Help" or "Report Abuse" functions in the Game if available, or otherwise contact Customer Support at https://support.windofluck.com
10. Epilepsy Warning
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
11. Warranties and Liability regarding the Game
11.1. We warrant that
11.1.1. we have the right to enter this EULA and to grant you the licences to use the Game set out in section 5;
11.1.2. we shall use reasonable skill and care to give you access to the Game; and
11.1.3. we shall use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.
11.2. We provide the Game for personal entertainment, on an 'as is' basis. This means that we do not warrant that the Game are free of errors and also that we make no warranties about the features, content or other parts of the Game.
11.3. We are only responsible for loss or damage you suffer where that loss or damage is a foreseeable result of our breach of this EULA or our negligence, up to the amount specified in section 11.4. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted this EULA.
11.4. Our maximum aggregate liability to you under or in connection with the Game whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to either 100 or four times the amount of the fees that you have paid to us in connection with the Game, whichever is the higher. This section does not apply to the types of liability set out in section 11.5.
11.5. Nothing in this EULA shall limit or exclude our liability for
11.5.1. death or personal injury caused by our negligence;
11.5.2. fraud or fraudulent misrepresentation; or
11.5.3. any other liability that we cannot by law limit or exclude.
12. Force Majeure
You and we will not be liable for any failure to perform any obligation under this EULA, and we will not be liable for any failure or to make the Game available for download, installation or use, if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation: Internet outages, communications outages, hacking, fire, flood, war or act of God.
13. Governing Law and Jurisdiction
13.1. This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by English law.
13.2. Unless otherwise provided by the laws of the country in which you live, we and you submit to the jurisdiction of the courts of the Republic of Cyprus.
14. General
14.1. The EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
14.2. If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.
14.3. If you or we fail to exercise (or delay exercising) any right which you or we may have under this EULA, that failure or delay does not mean that we or you lose that right. If we or you only partially exercise a right or only exercise it once, that will not stop you or us from exercising it again in the future.
15. Contact Us
If you have any questions, complaints, or comments regarding this EULA, please contact us at https://support.windofluck.com
Last updated: 15 July 2015
1. About this End User Licence Agreement
1.1. This End User Licence Agreement (or "EULA") governs the relationship between you and Trazzy Entertainment Ltd., Georgiou Gennadiou, 10, AGATHANGELOS COURT, Flat/Office 403, 3041, Limassol, Cyprus IR in relation to our game, "Wind of Luck Arena" (the Game).
1.2. This EULA incorporates the rules and guidelines that apply to your use of the Game (the Game Rules). The Game Rules are set out in the public forums http://forums.windofluck.com, and form part of this EULA.
2. This EULA and You
2.1. If you are under 13 years of age or other minimum legal age where it differs under local legal requirements, please ask your parent or guardian to review and approve this EULA on your behalf. If you are under the aforesaid age, you must not use or access the Game without a parent or legal guardian supervising you.
2.2. You confirm your agreement to this EULA including the Game Rules as part of the installation process of the Game (if applicable) or by using the Game. If you do not agree to this EULA or the Game Rules, please do not attempt to install or use the Game.
3. Terms of Service and Privacy Policy
You confirm that as part of the process of creating a Trazzy Entertainment account (an "Account") you read and agreed with our Terms of Service and our Privacy Policy.
4. Amendments to this EULA and the Game Rules
4.1. From time to time, we may need to amend this EULA, for example to reflect new features and functionality in the Game or because of changes in the law. The latest version of this EULA will always be available on the Trazzy websites (the "Sites"). Any new version of this EULA shall take effect: (i) immediately upon the date of posting on the Sites where the changes to this EULA relate to non-material changes which do not reduce your rights; or (ii) no less than 30 days after the date of posting on the Sites where the changes to this EULA potentially reduce your rights. Please make sure you check for updates to this EULA each time you use the Game. If we make a material change to this EULA and your consent to such change is required by applicable law, we will obtain your consent. If you continue to use the Game after a new version of this EULA takes effect, then you shall be considered to have accepted the latest version of EULA. (This section does not apply to changes to the Game Rules which is addressed in section 4.2).
4.2. From time to time we may also need to amend the Game Rules, for example to address issue that may arise in the Game or the way that the Game is being played and to ensure that the Game continues to be enjoyable for all users. The latest version of the Game Rules will always be available on the Sites. Any new version of the Game Rules shall take effect immediately upon the date of posting on the Sites. If you continue to use the Game after a new version of the Game Rules takes effect, then you shall be considered to have accepted the amended Game Rules.
5. Using the Game
5.1. In return for your acceptance of this EULA, we give you the personal right (known as a 'licence') to download, install and play the Game.
5.2. This licence is
5.2.1. 'non-exclusive' (meaning that we can grant the same and similar licences to other people as well);
5.2.2. 'revocable' (meaning that we can terminate this licence in certain circumstances, which are explained further below);
5.2.3. 'personal' (meaning that you may not use the Game for any commercial purpose);
5.2.4. 'non-transferable' (meaning that the licence is only for your benefit and you may not transfer or sub-licence any of the rights that we grant to you to any other person); and
5.2.5. 'limited' (meaning that you can only use the Game for the purposes we set out in this EULA); and
5.2.6. conditional on your compliance with this EULA.
6. Technical Requirements
By using the Game you agree that you have the necessary hardware, software and capability (including a suitable connection to the Internet) required for the use of the Game. We accept no responsibility or liability for any failure of your system to meet the technical requirements of our Game.
7. Patches, Updates and Changes
7.1. From time to time, we may need to
7.1.1. deploy or provide patches, updates, additional content or other modifications to the Game (for example to enhance online gameplay, to add new features or to resolve software bugs); and
7.1.2. remove or suspend access to particular features, content or other parts of the Game.
7.2. We need to take the actions referred to in section 7.1 automatically in order to keep the Game running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.
8. Intellectual Property
8.1. The Game, including the code, graphics, game play, user interface, audio and other content, contain proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or licence all of this proprietary information and material and that you may not use or exploit any of it without our permission.
8.2. "Trazzy" and "Wind of Luck" and "Wind of Luck Arena" and their respective logos are trade marks or registered trade marks of Trazzy Entertainment Ltd. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Game are the property of their respective owners and all rights in them are reserved.
9. Game Rules
9.1. The Game Rules set out how we expect you to behave when playing the Game. Please review the Game Rules carefully before playing the Game. Please note that 'role-playing' is not an excuse for contravening the Game Rules.
9.2. If you contravene the Game Rules, then we may, at our reasonably discretion depending on the seriousness of the breach and without any notice to you, take some or all of the following actions:
9.2.1. suspend your access to the game chat functionality in the Game for a short period of time;
9.2.2. suspend your access to the game chat functionality in the Game for a longer period of time; and
9.2.3. suspend or terminate your Account as provided in the Terms of Service, and in each case the level of seriousness of the breach shall be determined exclusively by Trazzy Entertainment and you agree not to appeal against such decisions.
9.3. If we suspend your access to the 'game chat' functionality in the Game, then during the period of that suspension you will be able to play the Game and read the 'game chat' of other players, but will not be able to participate in 'game chat'.
9.4. If you encounter another user who is contravening any of the Game Rules, please report this activity to Trazzy Entertainment using the "Help" or "Report Abuse" functions in the Game if available, or otherwise contact Customer Support at https://support.windofluck.com
10. Epilepsy Warning
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
11. Warranties and Liability regarding the Game
11.1. We warrant that
11.1.1. we have the right to enter this EULA and to grant you the licences to use the Game set out in section 5;
11.1.2. we shall use reasonable skill and care to give you access to the Game; and
11.1.3. we shall use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.
11.2. We provide the Game for personal entertainment, on an 'as is' basis. This means that we do not warrant that the Game are free of errors and also that we make no warranties about the features, content or other parts of the Game.
11.3. We are only responsible for loss or damage you suffer where that loss or damage is a foreseeable result of our breach of this EULA or our negligence, up to the amount specified in section 11.4. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted this EULA.
11.4. Our maximum aggregate liability to you under or in connection with the Game whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to either 100 or four times the amount of the fees that you have paid to us in connection with the Game, whichever is the higher. This section does not apply to the types of liability set out in section 11.5.
11.5. Nothing in this EULA shall limit or exclude our liability for
11.5.1. death or personal injury caused by our negligence;
11.5.2. fraud or fraudulent misrepresentation; or
11.5.3. any other liability that we cannot by law limit or exclude.
12. Force Majeure
You and we will not be liable for any failure to perform any obligation under this EULA, and we will not be liable for any failure or to make the Game available for download, installation or use, if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation: Internet outages, communications outages, hacking, fire, flood, war or act of God.
13. Governing Law and Jurisdiction
13.1. This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by English law.
13.2. Unless otherwise provided by the laws of the country in which you live, we and you submit to the jurisdiction of the courts of the Republic of Cyprus.
14. General
14.1. The EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
14.2. If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.
14.3. If you or we fail to exercise (or delay exercising) any right which you or we may have under this EULA, that failure or delay does not mean that we or you lose that right. If we or you only partially exercise a right or only exercise it once, that will not stop you or us from exercising it again in the future.
15. Contact Us
If you have any questions, complaints, or comments regarding this EULA, please contact us at https://support.windofluck.com