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END USER LICENSE AGREEMENT
Updated: June 11, 2016.
This software program and all the documentation and materials in relation with it (Instructions, etc.) (“The Game”) are owned by Virtual Toys S.L., a Madrid, Spain, duly registered company, (“Virtual Toys”).
The use of The Game is subject to the terms of the End User License Agreement provided below (“EULA”).
The Game is only designed for the particular and private use of end User (“User”, “You”, “Yours”) through the Internet (“Service” or “Services”) providing the previous acceptance of the EULA and subject to its terms and provisions. End User means the user of the system on which the Game will be or has been installed.
PLEASE READ CAREFULLY THE END USER LICENSE AGREEMENT BELOW (“EULA”) BEFORE CLICKING THE “I AGREE” BUTTON. BY CLICKING “I AGREE” OR USING THE GAME YOU AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT.
END USER LICENSE AGREEMENT
1. ACCEPTANCE OF THE END-USER LICENSE AGREEMENT
To enjoy The Game is necessary the previous acceptance of the present End User License Agreement by the User.
BY CLICKING “I AGREE” OR USING THE GAME THE USER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS, COVENANTS AND PROVISIONS OF THIS END USER LICENSE AGREEMENT.
The acceptance of the present End User License Agreement deems that the User has carefully read its clauses accepts its content and undertakes to comply with this EULA.
2. LIMITED USE LICENSE
Subject to the User's agreement to and continuing compliance with this EULA Virtual Toys grants the User a limited, non-exclusive, non-transferable, non-sublicensable personal license with the sole aim of noncommercial entertainment purposes.
Virtual Toys reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Game and the law evolve.
Virtual Toys reserves the right to modify the Game and/or discontinue its operations and Service at any time without prior notice.
3. INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that all The Game's intellectual property rights (including without limitation source code, sounds, images, contents, trademarks, characters, logos, commercial names, texts, graphics, designs, “look-and-feel”, videos, etc.) are owned by Virtual Toys and/or third parties.
In any case, the acceptance of the present EULA and/or the use of The Game entail any kind of renounce, transmission, license or total or partial assignment, except the right to use The Game as described in the previous paragraph.
In particular, but without limitation, the User is not allowed:
* To distribute, communicate to the public, adapt or exploit in any form The Game and/or the contents and/or elements of The Game;
* To translate, correct mistakes, decompile, disseminate, derive source code, disassemble, reverse engineer or produce derivative works and/or versions of The Game. The User may neither use The Game in any other non-authorized use unless previous written authorization by Virtual Toys;
* Use cheats, automation software(bots), hacks or any other unauthorized third-party software designed to modify The Game experience or the service, including mods that violate the terms of this License Agreement;
* Modify, or allow or cause to be modified, any files that are a part of The Game in any way not expressly authorized by Virtual Toys in each instance;
* Remove or tamper with any copyright, trademark, or other proprietary notices contained in or relating to The Game;
* Exploit The Game or any of its parts for any commercial purpose without Virtual Toys' express permission;
* Create any other software or content that incorporates The Game or any portion of it;
* Host, provide or develop matchmaking services for The Game or intercept, emulate or redirect the communication protocols used by Virtual Toys in any way, for any purpose, including without limitation, unauthorized play over the internet, network play (except as expressly authorized by Virtual Toys), or as part of content aggregation networks;
* Facilitate, create or maintain any unauthorized connection to The Game, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate The Game; and (b) any connection using third party programs or tools;
* Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer The Game or any content of The Game or your rights to The Game to any other party in a way not expressly authorized herein.
* The User acknowledges and agrees that is not necessary to make a security copy of The Game in order to use it. Therefore, the User will not make such security copy.
4. GAME SERVICE
The Game is an online game that must be played over the Internet through the Service as provided by Virtual Toys or its licensed distributors and service providers (“Game Providers”). The User understands and agrees that such service is provided by the Game Providers at their own discretion and may be terminated or otherwise discontinued by them at any time for any reason or no reason.
The Service may include features that allow you or other users to create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials (the “User Content”). Do not use offensive or vulgar language, images, or sounds in any forum, profile, publicly viewable area or communication to other users. This includes speech that is racially, ethnically, or religiously offensive, defamation, threats, bullying and stalking, do not use the services to access, use or distribute any content or material that you know or should have known to be infringing or pirated, to abuse or harass other users, or to conduct any activities that violate any applicable laws. In consideration of your use of the Service, you hereby transfer and assign to Virtual Toys all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, becoming the User Content the sole property of Virtual Toys.
You understand and agree that Virtual Toys cannot and is not obliged to monitor the whole of this Service and make no commitment to do so. However, we reserve the right in our sole discretion to monitor and record your online activity and communication throughout this Service, including those that are designated as “private” and to remove any content from the Service at our sole discretion, without further notice to you.
Any information collected in this way, including the content of your voice and text communications, the time and location of your activities, and your Online ID and IP address may be used by Virtual Toys to enforce this EULA or to comply with law.
You understand that your use of the Services is at your own risk and accept that Virtual Toys is not liable for any statements, representations or User Content provided by the Users.
5. DATA COLLECTION
When connected to the Internet, Virtual Toys may collect in-game data (such as, but not limited to IP addresses, character status, progression, matches info, behavioral patterns, etc.) from your PC for the purpose of providing the Game Services.
6. VIRTUAL ITEMS
When using the Game, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators (“Game Assets”) that reside on servers operated by Virtual Toys as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You may also utilize the Game currency to license certain Game Assets that can be used while playing the Game, including, but not limited to, avatars and boosts (“Virtual Items”). You acknowledge and agree that Virtual Toys has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Virtual Toys does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Virtual Toys, including without limitation the Game Assets and Virtual Items associated with your Account.
Virtual Toys may charge fees to access and acquire certain Virtual Items or participate in Game activities and may allow the purchase of in-game “currency” that may be applied to the purchase of in-game items or activities. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. IN-GAME CURRENCY HAS NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Virtual Toys may revise at its sole discretion the pricing for the Game or any item associated therewith at any time without previous notice to Users.
7. SERVICE TERMINATION
VIRTUAL TOYS MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO THE SERVICES OR THE GAME AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
For the avoidance of doubt, you herby acknowledge that Virtual Toys has sole discretion with respect to termination of the Game Services, even if there are credits remaining on your Account.
In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to the Game.
8. TERMINATION
This EULA is valid until its termination. The User may terminate this EULA at any time by uninstalling The Game. Virtual Toys is entitled to terminate this EULA if the User does not fulfill the term(s) contained therein. In that case, the User must immediately uninstall The Game and its components.
9. WARRANTY DISCLAIMER
To the extent permitted by applicable law, the game and all information, content and services contained thereon are provided on an “as is” basis without warranties of any kind, either express or implied. Virtual Toys expressly disclaims any and all warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties, which are incapable of exclusion, restriction or modification under the laws applicable to this agreement. The Use of the Game is at your sole risk. Neither Virtual Toys, nor any person or entity involved in creating, producing or distributing any content or services contained in the game, nor any of their respective directors, officers, employees or agents, make any warranty whatsoever, including, without limitation, that the Game will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the game or as to the accuracy, reliability, quality or content of any information, service or merchandise provided on or through the game, including, without limitation, all Virtual Toys communication features.
10. LIMITATION OF LIABILITY
Neither Virtual Toys nor its affiliates shall be liable in any way for any loss or damage of any kind arising out of The Game or any use of The Game, including without limitation loss of data, loss of goodwill, work stoppage, malfunction, or any and all other damages or losses. Neither Virtual Toys nor its affiliates shall be liable in any way for any loss or damage to accounts, statistics, or user standings, ranks, or profile information stored by the program. Virtual Toys shall not be responsible for any interruptions of service, including without limitation ISP disruptions, software or hardware failures, or any other event which may result in a loss of data or disruption of service, in no event will Virtual Toys be liable to you for any indirect, incidental, special, exemplary or consequential damages.
IN NO EVENT WILL VIRTUAL TOYS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Virtual Toys shall be limited to the fullest extent permitted by applicable law.
11. INDEMNIFICATION
You hereby agree to defend, indemnify and hold Virtual Toys harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Virtual Toys arising out of or from (a) your use of The Game; and (b) your violation of any provision of this Agreement.
12. PARTIAL NULLITY
The declaration of nullity, invalidity or inefficiency of any of the conditions included in this End-User License Agreement would not affect to the efficiency or validity of the rest of them, which would continue to be binding to the parties.
13. EXPORT
The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any European Union, United States or foreign agency or authority relating to the Software and its use. The Software may not be re-exported, downloaded or otherwise exported to, or downloaded or installed by, a national or resident of any country to which the European Union or the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. GOVERNING LAW
Except as otherwise provided in this License Agreement, this License Agreement shall be governed by, and will be construed under, the laws of Spain, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of Spain. In such an event, those local laws shall affect this License Agreement only to the extent necessary in that jurisdiction, and this License Agreement shall be interpreted to give maximum effect to the terms and conditions in this License Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “I AGREE” OR USING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.
Updated: June 11, 2016.
This software program and all the documentation and materials in relation with it (Instructions, etc.) (“The Game”) are owned by Virtual Toys S.L., a Madrid, Spain, duly registered company, (“Virtual Toys”).
The use of The Game is subject to the terms of the End User License Agreement provided below (“EULA”).
The Game is only designed for the particular and private use of end User (“User”, “You”, “Yours”) through the Internet (“Service” or “Services”) providing the previous acceptance of the EULA and subject to its terms and provisions. End User means the user of the system on which the Game will be or has been installed.
PLEASE READ CAREFULLY THE END USER LICENSE AGREEMENT BELOW (“EULA”) BEFORE CLICKING THE “I AGREE” BUTTON. BY CLICKING “I AGREE” OR USING THE GAME YOU AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT.
END USER LICENSE AGREEMENT
1. ACCEPTANCE OF THE END-USER LICENSE AGREEMENT
To enjoy The Game is necessary the previous acceptance of the present End User License Agreement by the User.
BY CLICKING “I AGREE” OR USING THE GAME THE USER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS, COVENANTS AND PROVISIONS OF THIS END USER LICENSE AGREEMENT.
The acceptance of the present End User License Agreement deems that the User has carefully read its clauses accepts its content and undertakes to comply with this EULA.
2. LIMITED USE LICENSE
Subject to the User's agreement to and continuing compliance with this EULA Virtual Toys grants the User a limited, non-exclusive, non-transferable, non-sublicensable personal license with the sole aim of noncommercial entertainment purposes.
Virtual Toys reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Game and the law evolve.
Virtual Toys reserves the right to modify the Game and/or discontinue its operations and Service at any time without prior notice.
3. INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that all The Game's intellectual property rights (including without limitation source code, sounds, images, contents, trademarks, characters, logos, commercial names, texts, graphics, designs, “look-and-feel”, videos, etc.) are owned by Virtual Toys and/or third parties.
In any case, the acceptance of the present EULA and/or the use of The Game entail any kind of renounce, transmission, license or total or partial assignment, except the right to use The Game as described in the previous paragraph.
In particular, but without limitation, the User is not allowed:
* To distribute, communicate to the public, adapt or exploit in any form The Game and/or the contents and/or elements of The Game;
* To translate, correct mistakes, decompile, disseminate, derive source code, disassemble, reverse engineer or produce derivative works and/or versions of The Game. The User may neither use The Game in any other non-authorized use unless previous written authorization by Virtual Toys;
* Use cheats, automation software(bots), hacks or any other unauthorized third-party software designed to modify The Game experience or the service, including mods that violate the terms of this License Agreement;
* Modify, or allow or cause to be modified, any files that are a part of The Game in any way not expressly authorized by Virtual Toys in each instance;
* Remove or tamper with any copyright, trademark, or other proprietary notices contained in or relating to The Game;
* Exploit The Game or any of its parts for any commercial purpose without Virtual Toys' express permission;
* Create any other software or content that incorporates The Game or any portion of it;
* Host, provide or develop matchmaking services for The Game or intercept, emulate or redirect the communication protocols used by Virtual Toys in any way, for any purpose, including without limitation, unauthorized play over the internet, network play (except as expressly authorized by Virtual Toys), or as part of content aggregation networks;
* Facilitate, create or maintain any unauthorized connection to The Game, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate The Game; and (b) any connection using third party programs or tools;
* Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer The Game or any content of The Game or your rights to The Game to any other party in a way not expressly authorized herein.
* The User acknowledges and agrees that is not necessary to make a security copy of The Game in order to use it. Therefore, the User will not make such security copy.
4. GAME SERVICE
The Game is an online game that must be played over the Internet through the Service as provided by Virtual Toys or its licensed distributors and service providers (“Game Providers”). The User understands and agrees that such service is provided by the Game Providers at their own discretion and may be terminated or otherwise discontinued by them at any time for any reason or no reason.
The Service may include features that allow you or other users to create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials (the “User Content”). Do not use offensive or vulgar language, images, or sounds in any forum, profile, publicly viewable area or communication to other users. This includes speech that is racially, ethnically, or religiously offensive, defamation, threats, bullying and stalking, do not use the services to access, use or distribute any content or material that you know or should have known to be infringing or pirated, to abuse or harass other users, or to conduct any activities that violate any applicable laws. In consideration of your use of the Service, you hereby transfer and assign to Virtual Toys all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, becoming the User Content the sole property of Virtual Toys.
You understand and agree that Virtual Toys cannot and is not obliged to monitor the whole of this Service and make no commitment to do so. However, we reserve the right in our sole discretion to monitor and record your online activity and communication throughout this Service, including those that are designated as “private” and to remove any content from the Service at our sole discretion, without further notice to you.
Any information collected in this way, including the content of your voice and text communications, the time and location of your activities, and your Online ID and IP address may be used by Virtual Toys to enforce this EULA or to comply with law.
You understand that your use of the Services is at your own risk and accept that Virtual Toys is not liable for any statements, representations or User Content provided by the Users.
5. DATA COLLECTION
When connected to the Internet, Virtual Toys may collect in-game data (such as, but not limited to IP addresses, character status, progression, matches info, behavioral patterns, etc.) from your PC for the purpose of providing the Game Services.
6. VIRTUAL ITEMS
When using the Game, you may accumulate in-Game assets associated with your Account, including, without limitation, objects, artifacts, currency, items, equipment, and/or other value or status indicators (“Game Assets”) that reside on servers operated by Virtual Toys as data. You acknowledge and agree that such Game Assets are accumulated as part of your Account and therefore you shall have no ownership or other property interest in any of those Game Assets. You may also utilize the Game currency to license certain Game Assets that can be used while playing the Game, including, but not limited to, avatars and boosts (“Virtual Items”). You acknowledge and agree that Virtual Toys has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Game Assets, in whole or in part, at any time and for any reason, with or without notice to you, and with no liability of any kind to you. Virtual Toys does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Virtual Toys, including without limitation the Game Assets and Virtual Items associated with your Account.
Virtual Toys may charge fees to access and acquire certain Virtual Items or participate in Game activities and may allow the purchase of in-game “currency” that may be applied to the purchase of in-game items or activities. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. IN-GAME CURRENCY HAS NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Virtual Toys may revise at its sole discretion the pricing for the Game or any item associated therewith at any time without previous notice to Users.
7. SERVICE TERMINATION
VIRTUAL TOYS MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO THE SERVICES OR THE GAME AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
For the avoidance of doubt, you herby acknowledge that Virtual Toys has sole discretion with respect to termination of the Game Services, even if there are credits remaining on your Account.
In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to the Game.
8. TERMINATION
This EULA is valid until its termination. The User may terminate this EULA at any time by uninstalling The Game. Virtual Toys is entitled to terminate this EULA if the User does not fulfill the term(s) contained therein. In that case, the User must immediately uninstall The Game and its components.
9. WARRANTY DISCLAIMER
To the extent permitted by applicable law, the game and all information, content and services contained thereon are provided on an “as is” basis without warranties of any kind, either express or implied. Virtual Toys expressly disclaims any and all warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties, which are incapable of exclusion, restriction or modification under the laws applicable to this agreement. The Use of the Game is at your sole risk. Neither Virtual Toys, nor any person or entity involved in creating, producing or distributing any content or services contained in the game, nor any of their respective directors, officers, employees or agents, make any warranty whatsoever, including, without limitation, that the Game will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the game or as to the accuracy, reliability, quality or content of any information, service or merchandise provided on or through the game, including, without limitation, all Virtual Toys communication features.
10. LIMITATION OF LIABILITY
Neither Virtual Toys nor its affiliates shall be liable in any way for any loss or damage of any kind arising out of The Game or any use of The Game, including without limitation loss of data, loss of goodwill, work stoppage, malfunction, or any and all other damages or losses. Neither Virtual Toys nor its affiliates shall be liable in any way for any loss or damage to accounts, statistics, or user standings, ranks, or profile information stored by the program. Virtual Toys shall not be responsible for any interruptions of service, including without limitation ISP disruptions, software or hardware failures, or any other event which may result in a loss of data or disruption of service, in no event will Virtual Toys be liable to you for any indirect, incidental, special, exemplary or consequential damages.
IN NO EVENT WILL VIRTUAL TOYS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Virtual Toys shall be limited to the fullest extent permitted by applicable law.
11. INDEMNIFICATION
You hereby agree to defend, indemnify and hold Virtual Toys harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Virtual Toys arising out of or from (a) your use of The Game; and (b) your violation of any provision of this Agreement.
12. PARTIAL NULLITY
The declaration of nullity, invalidity or inefficiency of any of the conditions included in this End-User License Agreement would not affect to the efficiency or validity of the rest of them, which would continue to be binding to the parties.
13. EXPORT
The Software is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any European Union, United States or foreign agency or authority relating to the Software and its use. The Software may not be re-exported, downloaded or otherwise exported to, or downloaded or installed by, a national or resident of any country to which the European Union or the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. GOVERNING LAW
Except as otherwise provided in this License Agreement, this License Agreement shall be governed by, and will be construed under, the laws of Spain, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of Spain. In such an event, those local laws shall affect this License Agreement only to the extent necessary in that jurisdiction, and this License Agreement shall be interpreted to give maximum effect to the terms and conditions in this License Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “I AGREE” OR USING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.