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End User License Agreement
Last updated: July 23, 2021
Bloody Efforts (the "Game") is a free-to-play, multiplayer, online, action game developed by Flatmates sp. z o.o.. Flatmates sp. z o.o. is a polish company providing the Game and, related to it, services in your region. Expressions "Flatmates sp. z o.o.", "we", "us" and "our" reffers to the company Flatmates sp. z o.o. and its subsidiraries. "You" and "your" mean the user who is registering, installing or using the Game.
Please read this End-User License Agreement (the "Agreement") carefully before clicking the "I Agree" button, registering an account, downloading or using Bloody Efforts. By clicking the "Accept" button, registering an account (the "Account"), downloading or using the Game, you are agreeing to be bound by the terms and conditions of this Agreement. You must also read, understand and agree to the Flatmates sp. z o.o. Terms of Use (the "Terms of Use") and Privacy Policy (the "Privacy Policy"), both accessible at www.bloodyefforts.com. Unless otherwise defined in this Agreement, used terms have the same meanings as in the Terms of Use.
To play the Game, you must accept the obligations above, register for the Account (precisly described in the Terms of Use) and meet connection and hardware requirements of the Game (published on www.bloodyefforts.com). These requirements may change after any update.
This Agreement is a legal agreement between you (either an individual or a single entity) and Flatmates sp. z o.o. and it governs your use of the Game made available to you by Flatmates sp. z o.o.. If you do not agree to the terms of this Agreement, do not click on the "Accept" button, do not register an account and do not download or use the Game.
The Game is licensed, not sold, to you by Flatmates sp. z o.o. for use strictly in accordance with the terms of this Agreement.
1. LIMITED USE LICENSE
1.1. The term “Game” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. Flatmates sp. z o.o. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Game solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. All rights not specifically granted under this License are hereby reserved by Flatmates sp. z o.o. and, as applicable, by its licensors. The Game is licensed to you, not sold. This License does not give you any title or ownership in the Game, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game. You may not sell, exchange, copy, publish, distribute or transfer the Game.
1.2. The license granted to you shall be royalty-free, except some Game Features (defined in Terms of Use, accessible at www.bloodyefforts.com), which may be obtained only with Rubies.
2. ADDITIONAL CONDITIONS
2.1. You hereby acknowledge and agree that you will not:
2.1.1. sell, rent, sublicense, load or otherwise transfer the Game
2.1.2. use (or cause to use anyone) the Game for any commercial purposes (including selling Game Features (defined in Terms of Use, accessible at www.bloodyefforts.com) or Accounts, playing on any Account for payment
2.1.3. modfiy any files that are part of the Game or use any third-party applications to affect the Game (or read areas of memory used by the Game) in any way (i.e. "mods", "cheats", "bots", "hacks", "cracks") or any third-party applications that affect communication between the Game and Flatmates sp. z o.o. Services.
2.2. You are responsible for all payments related to the internet connection, hardware, servicing or repair necessary to access to the Game.
3. COPYRIGHTS AND OWNERSHIP
3.1. The Game is licensed, not sold. You acknowledge that no title to the intellectual property in the Game is transferred to you. You further acknowledge that title and full ownership rights to the Game will remain the exclusive property of Flatmates sp. z o.o. and/or its suppliers, and you will not acquire any rights to the Game, except as expressly set forth above.
3.2. All copies of the Game will contain the same proprietary notices as contained in or on the Game. All title and copyrights in and to the Game (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Game), the accompanying printed materials, and any copies of the Game, are owned by Flatmates sp. z o.o. or its suppliers. The Game is protected by copyright laws and international treaty provisions and intellectual property laws. You may not copy the printed materials accompanying the Game or create any work based on the Game, except as permitted by Flatmates sp. z o.o.. You agree that you have no interest (monetary or otherwise) in any feature or content in the Game. You understand and agree that you shall have no ownership or other property interest in your Account and that all rights in and to your Account are and shall be forever owned by and inure to the benefits of Flatmates sp. z o.o.. Please read the Terms of Use (accessible at www.bloodyefforts.com) to find out all of Flatmates sp. z o.o.' ownership rights.
4. USER RULES
4.1. Using the Services obliges you to follow the rules contained in these Terms of Use, as well as all the laws and regulations in country in which you live. Furthermore, you agree to obey the additional rules which direct your use of the Services (you must not make any harm to the Services) and common interpersonal principles (the "User Rules"). We reserve the right to modify the User Rules at any time and take punitive actions (i.e. account termination or suspension) if we believe that your behavior is inappropriate (regardless the User Rules contains such a case).
The User Rules:
• Be polite and friendly – Communication is one the most important parts of the community. Using improper words or sentences can make you many enemies and increase toxicity of community.
• Entertain yourself but not at other's cost – When we meet new people, we don't know them. Take it into consideration, when you want to make a joke with people who are unfamiliar with your sense of humour.
• Respect other players – Everyone can have a worser day but that's not a reason to pick on the others. Do not make anything you could regret later or what you'd rather not get from other player.
• Make friends – It is a pleasure to have friends to play with at any time you want to do it. Don't hesitate to invite people to see their online status on your friendlist and then invite them for some matches.
• Teach new players – There are always people who are new to the Game. Try to show them what is the Game about and how to play it. Maybe in fututre you will get a very strong comrade to play with!
• Be honest – No one likes cheaters or hackers. Attempts to get ahead of other players abusing the Game with some applications or other ways is very destructive for the community. Such behavior is especially punished by us because it takes all fun from the others.
• Contact with us – If you have any questions, feedback or a strong will to tell us about something, don't be afraid and write us!
4.2. These are examples of inappropriate behavior which breach the additional rules for the Services or the User Rules and result in punishment:
• Improper registering for the Services: giving false information, choosing inappropirate player name (offensive, vulgar, etc.)
• Improper using of interactive public features (chat, forum, etc.), like: spamming, offensive, harmful or harrasing speech, verbal abuse, disclosuring personal data or any person identity
• Improper using of the Game, like: accessing or attempting to access Game servers or the Game parts that are not available to the public, playing on not your account, leaving the Game before matchends, using unauthorized applications (i.e cheats, bots, hacks, scrpits, etc.)
• Improper using of the Services, like: violating Intelectial Propery rights (i.e. removing trademarks, using content without permission), transmitting content with malicious software (viruses, worms, trojans, etc.), activities aimed at damaging hardware or data
4.3. We very appreciate constructive feedback, but we want to avoid any potential dispute in case your ideas may be similar to ours. So that we ask you not to suggest or give any creative ideas or materials.
4.4. You hereby understand and agree that with submiting any idea or material by you, you grant us non-exclusive, irrevocable, sublicenseable, transferable, perpetual, royalty-free and worldwide right and license to use, modify, adapt, distribute, publicly and digitaly perform, sell, offer for sale, import, reproduce and make available to the public your ideas and/or materials, including all trademarks, copyrights, service marks, trade dress and/or other intellectual and proprietary rights whether registered or unregistered, for any purpose whatsoever, commercial or otherwise, without any compensation to you. You also agree to perform any and all essential actions and deliver any and all documents to ensure that the rights to use the ideas or materials given to us as specified above are enforceable, effective and valid. Furthermore, you agree to abandon any claim related to the uses (or licensees) of the ideas and materials that violates any of your rights (including moral, privacy, proprietary rights).
5. TERMINATION OF LICENSE AGREEMENT OR GAME SERVICE
5.1. This Agreement shall remain in effect until terminated by you or Flatmates sp. z o.o.. The arrangements of section 3, 6, 7, 8, 9 and 10 shall survive any termination of this Agreement.
5.2. The Game is an "on-line" game that need the Internet connection and a service provided by or on behalf of Flatmates sp. z o.o. constantly. You hereby agree that Flatmates sp. z o.o. may, in its sole discretion, at any time and for any or no reason, terminate this Agreement, stop providing support for or access to the Game with or without prior notice. You also agree that Flatmates sp. z o.o. may modify, discontinue, suspend, restrict or access to any parts or features of the Game with no liability of any kind to you, at any time, with or without prior notice.
5.3. This Agreement will terminate immediately, without prior notice from Flatmates sp. z o.o., in the event that you fail to comply with any provision of this Agreement.
5.4. Upon termination of this Agreement, you shall cease all use of the Game and delete all copies of the Game Software from your mobile device or from your computer.
5.5. Termination of this Agreement will not limit any of Flatmates sp. z o.o.'s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
5.6. According to Terms of Use (accessible at www.bloodyefforts.com), you acknowledge that you have no interest (monetary or otherwise) in any feature or content in the Game.
6. GOVERNING LAW
6.1. This Agreemant shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.
6.2. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
6.3. You agree to first attempt to negotiate informally any agreement (for at least 30 days), before initiate a court proceeding.
6.4. Because Flatmates sp. z o.o. would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Flatmates sp. z o.o. shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies (i.e. monetary) available to it under the applicable law.
7. WARRANTIES AND LIABILITY
7.1. The Services are provided "as is" and "as available" without warranty of any kind. Flatmates sp. z o.o. and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement, any warranties that may arise form course of dealing, course of performance or usage of trade, and any warranties to the quality, accuracy, reliability of any content or information within the Services. The entire risk as to the quality and performance of the Services is with you. Neither Flatmates sp. z o.o. nor its suppliers warrant that the functions contained in the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free, or that the Services are free of malicious or harmful components. You assume all responisbility for using or installing the Services. Flatmates sp. z o.o. is not obligated to provide any updates of the Services.
7.2. The warranty disclaimer does not affect the limitation of liability.
7.3. In no event (including negligence and legal theory) shall Flatmates sp. z o.o. or its suppliers be liable to you for any consequential, special, punitive, incidental or indirect damages of any kind (including damages for negligence and loss of data, buisness or profits) arising out of your use or inability to use the Services, even if Flatmates sp. z o.o. or its supplier has been advised or knew of the possibility of such damages, or any claim by a third party. Under no circumstances shall Flatmates sp. z o.o. be liable for any damages regardless of any amount you have paid for any transactions related to the Services during 6 months directly before the time of the your cause of action occur.
7.4. Regardless of mentioned limitations of liability, nothing in these Terms of Use shall limit Flatmates sp. z o.o.' liability for:
• injuries to health, body or life or other damages due to negligence or intent action caused by a legal representative of Flatmates sp. z o.o.
• damages due to negligence of an obligation that is relevant for performance of the contract by Flatmates sp. z o.o. in standard and predictible case
• any warranties given by Flatmates sp. z o.o. to you
• any liability under a jurisdiction’s applicable product liability legislation
7.5. In case the limitation of liability is not allowed for some damege or loss (i.e. due to the jurisdiction law), the liabiliy of Flatmates sp. z o.o. shall be limited to the fullest extent allowed by applicable law.
8. INDEMNITY
8.1. You hereby agree to indemnify, defend and hold harmless Flatmates sp. z o.o., its partners, affiliates, contractors, licensors, officers, directors, employees and agents from any losses, damages, liabilities, claims, lawsuits and costs (including lawyer cost and reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Services, breaching any of this Agreement or violating any of third party's rights. We reserve the right, at our own cost and our sole disretion, to take the exclusive defense and control of any matter otherwise subject to compensation by you, in which case you will cooperate with us in providing any available defenses.
9. UPDATES
9.1. We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. We will notify you of any changes by posting the new Agreement on this page. What constitutes a material change will be determined at our sole discretion.
9.2. By continuing to access or use our Services, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
9.3. You agree that it may be required from you to download and install updates to the Services. The patching process may be required at any time. The changes may increase system requirements to use the Services and Flatmates sp. z o.o. is not responsible for acquiring any additional hardware or software to use or access the Services.
9.4. Flatmates sp. z o.o. may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the game properly or at all. Flatmates sp. z o.o. may update, patch or modify the Game remotely and access the Game residing on your machine for such purpose, and you hereby grant to Flatmates sp. z o.o. the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game” shall also include all such patches, updates and modifications.
10. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and Flatmates sp. z o.o. regarding your use of the Game and supersedes all prior and contemporaneous written or oral agreements between you and Flatmates sp. z o.o., provided however that this Agreement shall coexist with, and shall not supersede the Terms of Use or the Privacy Policy (in case of conflict, the conflicting arrangements of Terms of Use shall govern). People, who have chosen to access the Game from locations outside Poland, are responsible for compliance with applicable local law. Flatmates sp. z o.o.' negligance or impossibility to enforce any arrangements of this Agreement shall not be considered as reference to present or future arrangements disclaimer. If any of the arrangements of this Agreement is unenforeable or invalid for any reason, it shall be amended to the point, it may be enforced (to the maximum extent allowed so as to affect the intent of the parties). In case, the arrangement can not be amended for any reason, it shall be excluded from the Agreement. In both cases, amended or excluded arangement shall not affect other parts of the Agreement (which shall proceed in full force and effect).
You may be subject to additional terms and conditions that apply when you use or purchase other Flatmates sp. z o.o.'s Services, which Flatmates sp. z o.o. will provide to you at the time of such use or purchase.
If you have any questions about the Agreements or any terms, contact us :
Flatmates sp. z o.o.
contact@bloodyefforts.com
You hereby acknowledge and agree that you read and understand our End Use License Agreement. By clicking the "accept" button or otherwise using or accessing the Game, you are agreeing to be bound by the terms and conditions of this License Agreement
Last updated: July 23, 2021
Bloody Efforts (the "Game") is a free-to-play, multiplayer, online, action game developed by Flatmates sp. z o.o.. Flatmates sp. z o.o. is a polish company providing the Game and, related to it, services in your region. Expressions "Flatmates sp. z o.o.", "we", "us" and "our" reffers to the company Flatmates sp. z o.o. and its subsidiraries. "You" and "your" mean the user who is registering, installing or using the Game.
Please read this End-User License Agreement (the "Agreement") carefully before clicking the "I Agree" button, registering an account, downloading or using Bloody Efforts. By clicking the "Accept" button, registering an account (the "Account"), downloading or using the Game, you are agreeing to be bound by the terms and conditions of this Agreement. You must also read, understand and agree to the Flatmates sp. z o.o. Terms of Use (the "Terms of Use") and Privacy Policy (the "Privacy Policy"), both accessible at www.bloodyefforts.com. Unless otherwise defined in this Agreement, used terms have the same meanings as in the Terms of Use.
To play the Game, you must accept the obligations above, register for the Account (precisly described in the Terms of Use) and meet connection and hardware requirements of the Game (published on www.bloodyefforts.com). These requirements may change after any update.
This Agreement is a legal agreement between you (either an individual or a single entity) and Flatmates sp. z o.o. and it governs your use of the Game made available to you by Flatmates sp. z o.o.. If you do not agree to the terms of this Agreement, do not click on the "Accept" button, do not register an account and do not download or use the Game.
The Game is licensed, not sold, to you by Flatmates sp. z o.o. for use strictly in accordance with the terms of this Agreement.
1. LIMITED USE LICENSE
1.1. The term “Game” includes the software included in this video game, the associated media, any software associated with the online mode of the video game (subject to any additional terms of use applicable to such online mode), any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. Flatmates sp. z o.o. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Game solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. All rights not specifically granted under this License are hereby reserved by Flatmates sp. z o.o. and, as applicable, by its licensors. The Game is licensed to you, not sold. This License does not give you any title or ownership in the Game, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game. You may not sell, exchange, copy, publish, distribute or transfer the Game.
1.2. The license granted to you shall be royalty-free, except some Game Features (defined in Terms of Use, accessible at www.bloodyefforts.com), which may be obtained only with Rubies.
2. ADDITIONAL CONDITIONS
2.1. You hereby acknowledge and agree that you will not:
2.1.1. sell, rent, sublicense, load or otherwise transfer the Game
2.1.2. use (or cause to use anyone) the Game for any commercial purposes (including selling Game Features (defined in Terms of Use, accessible at www.bloodyefforts.com) or Accounts, playing on any Account for payment
2.1.3. modfiy any files that are part of the Game or use any third-party applications to affect the Game (or read areas of memory used by the Game) in any way (i.e. "mods", "cheats", "bots", "hacks", "cracks") or any third-party applications that affect communication between the Game and Flatmates sp. z o.o. Services.
2.2. You are responsible for all payments related to the internet connection, hardware, servicing or repair necessary to access to the Game.
3. COPYRIGHTS AND OWNERSHIP
3.1. The Game is licensed, not sold. You acknowledge that no title to the intellectual property in the Game is transferred to you. You further acknowledge that title and full ownership rights to the Game will remain the exclusive property of Flatmates sp. z o.o. and/or its suppliers, and you will not acquire any rights to the Game, except as expressly set forth above.
3.2. All copies of the Game will contain the same proprietary notices as contained in or on the Game. All title and copyrights in and to the Game (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Game), the accompanying printed materials, and any copies of the Game, are owned by Flatmates sp. z o.o. or its suppliers. The Game is protected by copyright laws and international treaty provisions and intellectual property laws. You may not copy the printed materials accompanying the Game or create any work based on the Game, except as permitted by Flatmates sp. z o.o.. You agree that you have no interest (monetary or otherwise) in any feature or content in the Game. You understand and agree that you shall have no ownership or other property interest in your Account and that all rights in and to your Account are and shall be forever owned by and inure to the benefits of Flatmates sp. z o.o.. Please read the Terms of Use (accessible at www.bloodyefforts.com) to find out all of Flatmates sp. z o.o.' ownership rights.
4. USER RULES
4.1. Using the Services obliges you to follow the rules contained in these Terms of Use, as well as all the laws and regulations in country in which you live. Furthermore, you agree to obey the additional rules which direct your use of the Services (you must not make any harm to the Services) and common interpersonal principles (the "User Rules"). We reserve the right to modify the User Rules at any time and take punitive actions (i.e. account termination or suspension) if we believe that your behavior is inappropriate (regardless the User Rules contains such a case).
The User Rules:
• Be polite and friendly – Communication is one the most important parts of the community. Using improper words or sentences can make you many enemies and increase toxicity of community.
• Entertain yourself but not at other's cost – When we meet new people, we don't know them. Take it into consideration, when you want to make a joke with people who are unfamiliar with your sense of humour.
• Respect other players – Everyone can have a worser day but that's not a reason to pick on the others. Do not make anything you could regret later or what you'd rather not get from other player.
• Make friends – It is a pleasure to have friends to play with at any time you want to do it. Don't hesitate to invite people to see their online status on your friendlist and then invite them for some matches.
• Teach new players – There are always people who are new to the Game. Try to show them what is the Game about and how to play it. Maybe in fututre you will get a very strong comrade to play with!
• Be honest – No one likes cheaters or hackers. Attempts to get ahead of other players abusing the Game with some applications or other ways is very destructive for the community. Such behavior is especially punished by us because it takes all fun from the others.
• Contact with us – If you have any questions, feedback or a strong will to tell us about something, don't be afraid and write us!
4.2. These are examples of inappropriate behavior which breach the additional rules for the Services or the User Rules and result in punishment:
• Improper registering for the Services: giving false information, choosing inappropirate player name (offensive, vulgar, etc.)
• Improper using of interactive public features (chat, forum, etc.), like: spamming, offensive, harmful or harrasing speech, verbal abuse, disclosuring personal data or any person identity
• Improper using of the Game, like: accessing or attempting to access Game servers or the Game parts that are not available to the public, playing on not your account, leaving the Game before matchends, using unauthorized applications (i.e cheats, bots, hacks, scrpits, etc.)
• Improper using of the Services, like: violating Intelectial Propery rights (i.e. removing trademarks, using content without permission), transmitting content with malicious software (viruses, worms, trojans, etc.), activities aimed at damaging hardware or data
4.3. We very appreciate constructive feedback, but we want to avoid any potential dispute in case your ideas may be similar to ours. So that we ask you not to suggest or give any creative ideas or materials.
4.4. You hereby understand and agree that with submiting any idea or material by you, you grant us non-exclusive, irrevocable, sublicenseable, transferable, perpetual, royalty-free and worldwide right and license to use, modify, adapt, distribute, publicly and digitaly perform, sell, offer for sale, import, reproduce and make available to the public your ideas and/or materials, including all trademarks, copyrights, service marks, trade dress and/or other intellectual and proprietary rights whether registered or unregistered, for any purpose whatsoever, commercial or otherwise, without any compensation to you. You also agree to perform any and all essential actions and deliver any and all documents to ensure that the rights to use the ideas or materials given to us as specified above are enforceable, effective and valid. Furthermore, you agree to abandon any claim related to the uses (or licensees) of the ideas and materials that violates any of your rights (including moral, privacy, proprietary rights).
5. TERMINATION OF LICENSE AGREEMENT OR GAME SERVICE
5.1. This Agreement shall remain in effect until terminated by you or Flatmates sp. z o.o.. The arrangements of section 3, 6, 7, 8, 9 and 10 shall survive any termination of this Agreement.
5.2. The Game is an "on-line" game that need the Internet connection and a service provided by or on behalf of Flatmates sp. z o.o. constantly. You hereby agree that Flatmates sp. z o.o. may, in its sole discretion, at any time and for any or no reason, terminate this Agreement, stop providing support for or access to the Game with or without prior notice. You also agree that Flatmates sp. z o.o. may modify, discontinue, suspend, restrict or access to any parts or features of the Game with no liability of any kind to you, at any time, with or without prior notice.
5.3. This Agreement will terminate immediately, without prior notice from Flatmates sp. z o.o., in the event that you fail to comply with any provision of this Agreement.
5.4. Upon termination of this Agreement, you shall cease all use of the Game and delete all copies of the Game Software from your mobile device or from your computer.
5.5. Termination of this Agreement will not limit any of Flatmates sp. z o.o.'s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
5.6. According to Terms of Use (accessible at www.bloodyefforts.com), you acknowledge that you have no interest (monetary or otherwise) in any feature or content in the Game.
6. GOVERNING LAW
6.1. This Agreemant shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.
6.2. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
6.3. You agree to first attempt to negotiate informally any agreement (for at least 30 days), before initiate a court proceeding.
6.4. Because Flatmates sp. z o.o. would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Flatmates sp. z o.o. shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies (i.e. monetary) available to it under the applicable law.
7. WARRANTIES AND LIABILITY
7.1. The Services are provided "as is" and "as available" without warranty of any kind. Flatmates sp. z o.o. and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement, any warranties that may arise form course of dealing, course of performance or usage of trade, and any warranties to the quality, accuracy, reliability of any content or information within the Services. The entire risk as to the quality and performance of the Services is with you. Neither Flatmates sp. z o.o. nor its suppliers warrant that the functions contained in the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free, or that the Services are free of malicious or harmful components. You assume all responisbility for using or installing the Services. Flatmates sp. z o.o. is not obligated to provide any updates of the Services.
7.2. The warranty disclaimer does not affect the limitation of liability.
7.3. In no event (including negligence and legal theory) shall Flatmates sp. z o.o. or its suppliers be liable to you for any consequential, special, punitive, incidental or indirect damages of any kind (including damages for negligence and loss of data, buisness or profits) arising out of your use or inability to use the Services, even if Flatmates sp. z o.o. or its supplier has been advised or knew of the possibility of such damages, or any claim by a third party. Under no circumstances shall Flatmates sp. z o.o. be liable for any damages regardless of any amount you have paid for any transactions related to the Services during 6 months directly before the time of the your cause of action occur.
7.4. Regardless of mentioned limitations of liability, nothing in these Terms of Use shall limit Flatmates sp. z o.o.' liability for:
• injuries to health, body or life or other damages due to negligence or intent action caused by a legal representative of Flatmates sp. z o.o.
• damages due to negligence of an obligation that is relevant for performance of the contract by Flatmates sp. z o.o. in standard and predictible case
• any warranties given by Flatmates sp. z o.o. to you
• any liability under a jurisdiction’s applicable product liability legislation
7.5. In case the limitation of liability is not allowed for some damege or loss (i.e. due to the jurisdiction law), the liabiliy of Flatmates sp. z o.o. shall be limited to the fullest extent allowed by applicable law.
8. INDEMNITY
8.1. You hereby agree to indemnify, defend and hold harmless Flatmates sp. z o.o., its partners, affiliates, contractors, licensors, officers, directors, employees and agents from any losses, damages, liabilities, claims, lawsuits and costs (including lawyer cost and reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Services, breaching any of this Agreement or violating any of third party's rights. We reserve the right, at our own cost and our sole disretion, to take the exclusive defense and control of any matter otherwise subject to compensation by you, in which case you will cooperate with us in providing any available defenses.
9. UPDATES
9.1. We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. We will notify you of any changes by posting the new Agreement on this page. What constitutes a material change will be determined at our sole discretion.
9.2. By continuing to access or use our Services, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
9.3. You agree that it may be required from you to download and install updates to the Services. The patching process may be required at any time. The changes may increase system requirements to use the Services and Flatmates sp. z o.o. is not responsible for acquiring any additional hardware or software to use or access the Services.
9.4. Flatmates sp. z o.o. may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the game properly or at all. Flatmates sp. z o.o. may update, patch or modify the Game remotely and access the Game residing on your machine for such purpose, and you hereby grant to Flatmates sp. z o.o. the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game” shall also include all such patches, updates and modifications.
10. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between you and Flatmates sp. z o.o. regarding your use of the Game and supersedes all prior and contemporaneous written or oral agreements between you and Flatmates sp. z o.o., provided however that this Agreement shall coexist with, and shall not supersede the Terms of Use or the Privacy Policy (in case of conflict, the conflicting arrangements of Terms of Use shall govern). People, who have chosen to access the Game from locations outside Poland, are responsible for compliance with applicable local law. Flatmates sp. z o.o.' negligance or impossibility to enforce any arrangements of this Agreement shall not be considered as reference to present or future arrangements disclaimer. If any of the arrangements of this Agreement is unenforeable or invalid for any reason, it shall be amended to the point, it may be enforced (to the maximum extent allowed so as to affect the intent of the parties). In case, the arrangement can not be amended for any reason, it shall be excluded from the Agreement. In both cases, amended or excluded arangement shall not affect other parts of the Agreement (which shall proceed in full force and effect).
You may be subject to additional terms and conditions that apply when you use or purchase other Flatmates sp. z o.o.'s Services, which Flatmates sp. z o.o. will provide to you at the time of such use or purchase.
If you have any questions about the Agreements or any terms, contact us :
Flatmates sp. z o.o.
contact@bloodyefforts.com
You hereby acknowledge and agree that you read and understand our End Use License Agreement. By clicking the "accept" button or otherwise using or accessing the Game, you are agreeing to be bound by the terms and conditions of this License Agreement