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MY.GAMES End User License Agreement for Game:
Mandragora: Whispers of the Witch Tree
Last updated: April 21, 2025
RECITALS
This EULA governs relations between the COMPANY and the Users pertaining to their use of the Game: Mandragora: Whispers of the Witch Tree.
Only natural persons are entitled to download/acquire/use the Game.
By downloading, installing, or otherwise using the Game, the User (A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of this EULA and guarantees that he/she will observe them during the entire use of the Game; (B) acknowledges and agrees that he/ she has independently evaluated the desirability of using the Game and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and (C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of this EULA with the help of his parents/legal guardians. COMPANY recommends parents or guardians to monitor their children's online activities. COMPANY reserves the right to restrict access to the Game on age grounds and may allow the registration for the Game with parental approval when underage. COMPANY reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of Game by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them. Otherwise, installation or other use of the Game is prohibited.
In the case that the User downloads/purchases the Game through any Third Parties Platform, the User undertakes to review and comply with the terms and conditions of the owner of the respective platform, which may be changed from time to time and may provide for certain additional requirements applicable to downloading the Game through that platform, its installation, and use.
1. TERMS AND DEFINITIONS
In this EULA, the following definitions, when capitalised, shall have the following meanings:
Account – shall mean the User’s account in the Game.
COMPANY – a company MY.GAMES B.V., a company established and operating under the legislation of the Netherlands, with its registered office at De Entree 256, 1101 EE, Amsterdam, Netherlands.
EULA – this MY.GAMES End User License Agreement for the Game, a legal document determining the terms and conditions and procedures for the User’s use of the Game.
Game Client – the software necessary for the User to participate in the Game, to be installed on the User’s device. The Game Client is installed by the User independently on its device. The Game Client may be distributed by the COMPANY and/or its authorised persons, both via the Internet and on tangible media. The Game Client distributed via the Internet might be provided to the User paid or free of charge, with the right to reproduce, unless this Agreement provides for otherwise. Copies of the Game Client distributed on tangible media may be provided to the User for a fee.
Game –the game Mandragora: Whispers of the Witch Tree operated by the COMPANY, its affiliates and/or its partners, as specified at the Game Storefront on the Website, other websites/apps and/or Third Parties Platform (if applicable).
To ensure the rights and obligations of the COMPANY and the User arising hereunder, the User may reproduce a set of data and commands on his/her device as predefined by the COMPANY via the ‘Game Client’, if needed for the Game’s functionality, whereas a set of other data and commands (including non-activated), or all data and commands in the absence of the Game Client, might be placed by the COMPANY on its servers.
Materials – all content, information, and other materials within the Game, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code and object code), text, articles, pictures, information, data, music, sound files, photographs, titles, themes, objects, characters, character names, game clans, a set of descriptions and images of characters in the Game, the game world, stories, dialogues, catch phrases, concepts, artwork, animations, audio-visual effects, methods of operation, and documentation.
Territory – territory where the Game is available for installation and other use as may be specified at the Game storefront on the Website and/or Third Parties Platform.
Third Parties Platform – any platform operated by a third party where the User may access and download the Game, inter alia, (i) the Steam platform, operated by Valve Corporation and/or its affiliates, (ii) third party consoles, inter alia, Microsoft Xbox, PlayStation® and Nintendo (should the Game be dedicated for console), (iii) any cloud platforms that provide online access to the Game through remote servers, such as the Amazon Luna cloud platform operated by Amazon.
User – shall mean an individual who meets all the criteria listed herein.
Website – my.games and all domains and subdomains of the following levels.
2. GENERAL PROVISIONS
2.1 The Game may be available on the Website, other websites (resources) of the COMPANY or Third Parties Platform for download/acquisition/use and/or payment for such Game. The availability of Game and features will vary between countries and not all Game or features may be available in the User’s country.
2.2 Any use of the Game except as specifically authorised in this EULA, without the prior written permission of the COMPANY, is strictly prohibited and may violate intellectual property rights and/or applicable laws. The COMPANY may terminate the license granted to the User hereunder at any time, with a prior notice, including where the COMPANY reasonably considers that: (a) the use of the Game by the User violates this EULA and/or applicable law; (b) the User fraudulently uses or misuses the Game; or (c) the COMPANY is unable to continue providing the User with the Game due to technical or legitimate business reasons.
3. LIMITED LICENSE
3.1 From the moment of acceptance of this EULA by the User, the COMPANY grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable license to install and use the Game in the Territory within the scope of its functionality and solely for personal and non-commercial use, and, in full compliance with this EULA and any other documentation accompanying, or being incorporated into, the Game.
3.2 The User agrees and acknowledges that any and all rights to intellectual property
(including, without limitation, in the Game and any related Materials) belong to the COMPANY and/or its partners/affiliates (if applicable). Rights to intellectual property granted hereunder are licensed, but not sold. The license granted hereunder confers no title or ownership in the Game.
3.3 The User is expressly prohibited to:
• sublicense, rent, lease, transfer, resell, gift, exchange, distribute, or otherwise use the Game or its copies and/or his/her Account as well as disseminate of information about the intention to perform the actions listed above by the User or any third parties;
• alter, merge, adapt, decompile, disassemble, modify, translate into other languages, or in any way change the Game or any of its components;
• create derivative works based on the Game;
• remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game;
• use the Game in any manner that could interfere with, disrupt, negatively affect, or reasonably inhibit other Users from using the Game, or that could damage, disable, overburden, or impair the functioning of the Game in any manner;
• use the Game in any way that breaches this EULA, any applicable local, national, or international law, or any other regulations and policies;
• use the Game for any purpose or in any manner that the COMPANY considers as a breach of this EULA and contact our support team.
3.4 No other rights to the Game or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.
4. HEALTH OF USERS
The following precautions should be taken by the Users:
• Avoid playing if tired or short of sleep;
• Play at good distance from the screen;
• Play in a lit room and moderate the brightness of the screen;
• Take breaks of ten (10) to fifteen (15) minute every hour.
WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN
CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO
STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR
REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH
INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO
GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; COMPANY HIGHLY
RECOMMENDS THE USERS TO CONSULT THEIR DOCTOR BEFORE ANY USE OF THE
GAME. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR
CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE
FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE
EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS
OR MOMENTARY LOSS OF CONSCIOUSNESS, THE USER MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR HIS/HER PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.
5. AUTOMATIC UPDATES TO THE GAME
5.1 With compliance to Third Parties Platform requirements and policies, in order to improve the Game, the COMPANY reserves the right to introduce automatic updates and changes into the Game so long as the User’s device is connected to the Internet, without the User needing to install the said updates and changes manually. User acknowledges and agrees that some updates and changes to the Game may lead to the system requirements increase. In order to ensure the efficiency of the mentioned updates and changes, and to enable the User to continue using the Game, the User hereby expresses their consent to the introduction of such updates and changes by the COMPANY. The User shall be solely responsible for ensuring that his/her device has sufficient system requirements and memory in order to use and store the Game.
5.2 This EULA applies to any automatic updates (additions, modifications) to the Game that are introduced by the COMPANY by means of the Internet and which are not accompanied by a separate license or other agreement.
6. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS
ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE
EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY,
FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY
OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT
THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS
ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE
THE COMPUTER SYSTEM’S REQUIREMENTS FOR THE GAME AND
WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE
COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY
PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST
EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME
CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE
COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE
USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR
USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. LIABILITY
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
NEVERTHELESS, THE COMPANY LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF
DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY
NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR
PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING,
BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST
PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE GAME BY THE USER.
THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING
OR LAUNCHING THE GAME ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE
ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE
INTERNET IN ORDER TO USE THE GAME. ALL COSTS OF THE INTERNET CONNECTION
SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
8. APPLICABLE LAW AND JURISDICTION
Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of England and Wales. All disputes arising out of or in connection with interpretation and/or execution of this EULA shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the User and the COMPANY fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the COMPANY’s place of location unless otherwise expressly provided by applicable law.
If the User resides in France, this EULA is subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.
In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.
9. MISCELLANEOUS
9.1 This EULA is effective from the moment the User first downloads, installs, or otherwise uses the Game and shall last until terminated in accordance herewith. The User may terminate this EULA at any time by uninstalling the Game. The COMPANY may terminate this EULA by notifying the User of termination by any means available to the COMPANY; in this case, the User shall immediately uninstall the Game.
9.2. The COMPANY may modify the functions and informational content of the Game, as well as any related Materials, at any time, at its own discretion without additional cost to the User. For instance, the COMPANY may add, amend, review effectiveness, delete or remove certain quantitative and qualitative features or attributes of the Game, Materials and their elements, in order to improve the user experience, make the gameplay more interesting and enjoyable, fix bugs and errors of the Game, make balance changes, etc. In case that would cause a reduction in the User’s rights, the COMPANY will notify the Users about such change in a clear and comprehensible manner reasonably in advance, in which case the notified User shall have the right to terminate the EULA free of charge within 30 (thirty) days of the receipt of the information or of the time when the Game, Materials and their elements have been modified by the COMPANY, whichever is later.
9.3 Unless such assignment is likely to result in a reduction in the User’s rights, the COMPANY may, at its sole discretion, at any time assign and/or delegate its rights and obligations under this EULA, or any part thereof, to any third party upon a transfer or sale of all or substantially all of its business to which this EULA relates to, whether by merger, sale of stock, sale of assets, or otherwise. In that case the COMPANY shall publish the amended EULA. The User’s rights and obligations arising out of this EULA shall be considered transferred to the assignee of the COMPANY at the moment of the aforesaid publication.
The User’s rights and responsibilities hereunder are personal and non-transferable.
9.4 In case of termination of this EULA, Sections 6, 7, 8 and 9 remain in force.
9.5 This EULA constitutes full agreement between the User and the COMPANY regarding the use of the Game by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of the Game.
9.6 If any provision of this EULA is or becomes illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of this EULA shall remain in full force and effect.
15.7 The EULA may be modified by the COMPANY at any time. Any amendment to the
EULA shall be notified to Users. The User shall undertake to independently check the EULA with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account.
9.7 COMPANY reserves the right to revise the terms of this EULA by updating the EULA, or by notifying the User by other means. The revised EULA comes into force on the date on which it is published. The User is advised to check the above website periodically for notices concerning such revisions. The User’s failure to take the actions of familiarising himself/herself may not be the ground for failure to fulfil the User’s obligations and the User’s failure to observe the limitations established hereby. The User’s continued use of the Game shall be deemed to constitute acceptance of any revised terms.
9.8 For the matters related to performance of this EULA and/or use of the Game, the User may contact the COMPANY through our support team at contact@knightspeak.com.
Only the English version of this document shall have legal effect. Any translations of this document into other languages are provided for Your convenience only.
Mandragora: Whispers of the Witch Tree
Last updated: April 21, 2025
RECITALS
This EULA governs relations between the COMPANY and the Users pertaining to their use of the Game: Mandragora: Whispers of the Witch Tree.
Only natural persons are entitled to download/acquire/use the Game.
By downloading, installing, or otherwise using the Game, the User (A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of this EULA and guarantees that he/she will observe them during the entire use of the Game; (B) acknowledges and agrees that he/ she has independently evaluated the desirability of using the Game and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and (C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of this EULA with the help of his parents/legal guardians. COMPANY recommends parents or guardians to monitor their children's online activities. COMPANY reserves the right to restrict access to the Game on age grounds and may allow the registration for the Game with parental approval when underage. COMPANY reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of Game by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them. Otherwise, installation or other use of the Game is prohibited.
In the case that the User downloads/purchases the Game through any Third Parties Platform, the User undertakes to review and comply with the terms and conditions of the owner of the respective platform, which may be changed from time to time and may provide for certain additional requirements applicable to downloading the Game through that platform, its installation, and use.
1. TERMS AND DEFINITIONS
In this EULA, the following definitions, when capitalised, shall have the following meanings:
Account – shall mean the User’s account in the Game.
COMPANY – a company MY.GAMES B.V., a company established and operating under the legislation of the Netherlands, with its registered office at De Entree 256, 1101 EE, Amsterdam, Netherlands.
EULA – this MY.GAMES End User License Agreement for the Game, a legal document determining the terms and conditions and procedures for the User’s use of the Game.
Game Client – the software necessary for the User to participate in the Game, to be installed on the User’s device. The Game Client is installed by the User independently on its device. The Game Client may be distributed by the COMPANY and/or its authorised persons, both via the Internet and on tangible media. The Game Client distributed via the Internet might be provided to the User paid or free of charge, with the right to reproduce, unless this Agreement provides for otherwise. Copies of the Game Client distributed on tangible media may be provided to the User for a fee.
Game –the game Mandragora: Whispers of the Witch Tree operated by the COMPANY, its affiliates and/or its partners, as specified at the Game Storefront on the Website, other websites/apps and/or Third Parties Platform (if applicable).
To ensure the rights and obligations of the COMPANY and the User arising hereunder, the User may reproduce a set of data and commands on his/her device as predefined by the COMPANY via the ‘Game Client’, if needed for the Game’s functionality, whereas a set of other data and commands (including non-activated), or all data and commands in the absence of the Game Client, might be placed by the COMPANY on its servers.
Materials – all content, information, and other materials within the Game, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code and object code), text, articles, pictures, information, data, music, sound files, photographs, titles, themes, objects, characters, character names, game clans, a set of descriptions and images of characters in the Game, the game world, stories, dialogues, catch phrases, concepts, artwork, animations, audio-visual effects, methods of operation, and documentation.
Territory – territory where the Game is available for installation and other use as may be specified at the Game storefront on the Website and/or Third Parties Platform.
Third Parties Platform – any platform operated by a third party where the User may access and download the Game, inter alia, (i) the Steam platform, operated by Valve Corporation and/or its affiliates, (ii) third party consoles, inter alia, Microsoft Xbox, PlayStation® and Nintendo (should the Game be dedicated for console), (iii) any cloud platforms that provide online access to the Game through remote servers, such as the Amazon Luna cloud platform operated by Amazon.
User – shall mean an individual who meets all the criteria listed herein.
Website – my.games and all domains and subdomains of the following levels.
2. GENERAL PROVISIONS
2.1 The Game may be available on the Website, other websites (resources) of the COMPANY or Third Parties Platform for download/acquisition/use and/or payment for such Game. The availability of Game and features will vary between countries and not all Game or features may be available in the User’s country.
2.2 Any use of the Game except as specifically authorised in this EULA, without the prior written permission of the COMPANY, is strictly prohibited and may violate intellectual property rights and/or applicable laws. The COMPANY may terminate the license granted to the User hereunder at any time, with a prior notice, including where the COMPANY reasonably considers that: (a) the use of the Game by the User violates this EULA and/or applicable law; (b) the User fraudulently uses or misuses the Game; or (c) the COMPANY is unable to continue providing the User with the Game due to technical or legitimate business reasons.
3. LIMITED LICENSE
3.1 From the moment of acceptance of this EULA by the User, the COMPANY grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable license to install and use the Game in the Territory within the scope of its functionality and solely for personal and non-commercial use, and, in full compliance with this EULA and any other documentation accompanying, or being incorporated into, the Game.
3.2 The User agrees and acknowledges that any and all rights to intellectual property
(including, without limitation, in the Game and any related Materials) belong to the COMPANY and/or its partners/affiliates (if applicable). Rights to intellectual property granted hereunder are licensed, but not sold. The license granted hereunder confers no title or ownership in the Game.
3.3 The User is expressly prohibited to:
• sublicense, rent, lease, transfer, resell, gift, exchange, distribute, or otherwise use the Game or its copies and/or his/her Account as well as disseminate of information about the intention to perform the actions listed above by the User or any third parties;
• alter, merge, adapt, decompile, disassemble, modify, translate into other languages, or in any way change the Game or any of its components;
• create derivative works based on the Game;
• remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game;
• use the Game in any manner that could interfere with, disrupt, negatively affect, or reasonably inhibit other Users from using the Game, or that could damage, disable, overburden, or impair the functioning of the Game in any manner;
• use the Game in any way that breaches this EULA, any applicable local, national, or international law, or any other regulations and policies;
• use the Game for any purpose or in any manner that the COMPANY considers as a breach of this EULA and contact our support team.
3.4 No other rights to the Game or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.
4. HEALTH OF USERS
The following precautions should be taken by the Users:
• Avoid playing if tired or short of sleep;
• Play at good distance from the screen;
• Play in a lit room and moderate the brightness of the screen;
• Take breaks of ten (10) to fifteen (15) minute every hour.
WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN
CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO
STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR
REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH
INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO
GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; COMPANY HIGHLY
RECOMMENDS THE USERS TO CONSULT THEIR DOCTOR BEFORE ANY USE OF THE
GAME. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR
CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE
FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE
EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS
OR MOMENTARY LOSS OF CONSCIOUSNESS, THE USER MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR HIS/HER PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.
5. AUTOMATIC UPDATES TO THE GAME
5.1 With compliance to Third Parties Platform requirements and policies, in order to improve the Game, the COMPANY reserves the right to introduce automatic updates and changes into the Game so long as the User’s device is connected to the Internet, without the User needing to install the said updates and changes manually. User acknowledges and agrees that some updates and changes to the Game may lead to the system requirements increase. In order to ensure the efficiency of the mentioned updates and changes, and to enable the User to continue using the Game, the User hereby expresses their consent to the introduction of such updates and changes by the COMPANY. The User shall be solely responsible for ensuring that his/her device has sufficient system requirements and memory in order to use and store the Game.
5.2 This EULA applies to any automatic updates (additions, modifications) to the Game that are introduced by the COMPANY by means of the Internet and which are not accompanied by a separate license or other agreement.
6. WARRANTY DISCLAIMER
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS
ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE
EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY,
FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY
OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT
THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS
ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE
THE COMPUTER SYSTEM’S REQUIREMENTS FOR THE GAME AND
WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE
COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY
PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST
EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME
CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE
COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE
USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR
USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. LIABILITY
IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
NEVERTHELESS, THE COMPANY LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF
DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY
NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR
PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING,
BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST
PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE GAME BY THE USER.
THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING
OR LAUNCHING THE GAME ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE
ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE
INTERNET IN ORDER TO USE THE GAME. ALL COSTS OF THE INTERNET CONNECTION
SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
8. APPLICABLE LAW AND JURISDICTION
Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of England and Wales. All disputes arising out of or in connection with interpretation and/or execution of this EULA shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the User and the COMPANY fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the COMPANY’s place of location unless otherwise expressly provided by applicable law.
If the User resides in France, this EULA is subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.
In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.
9. MISCELLANEOUS
9.1 This EULA is effective from the moment the User first downloads, installs, or otherwise uses the Game and shall last until terminated in accordance herewith. The User may terminate this EULA at any time by uninstalling the Game. The COMPANY may terminate this EULA by notifying the User of termination by any means available to the COMPANY; in this case, the User shall immediately uninstall the Game.
9.2. The COMPANY may modify the functions and informational content of the Game, as well as any related Materials, at any time, at its own discretion without additional cost to the User. For instance, the COMPANY may add, amend, review effectiveness, delete or remove certain quantitative and qualitative features or attributes of the Game, Materials and their elements, in order to improve the user experience, make the gameplay more interesting and enjoyable, fix bugs and errors of the Game, make balance changes, etc. In case that would cause a reduction in the User’s rights, the COMPANY will notify the Users about such change in a clear and comprehensible manner reasonably in advance, in which case the notified User shall have the right to terminate the EULA free of charge within 30 (thirty) days of the receipt of the information or of the time when the Game, Materials and their elements have been modified by the COMPANY, whichever is later.
9.3 Unless such assignment is likely to result in a reduction in the User’s rights, the COMPANY may, at its sole discretion, at any time assign and/or delegate its rights and obligations under this EULA, or any part thereof, to any third party upon a transfer or sale of all or substantially all of its business to which this EULA relates to, whether by merger, sale of stock, sale of assets, or otherwise. In that case the COMPANY shall publish the amended EULA. The User’s rights and obligations arising out of this EULA shall be considered transferred to the assignee of the COMPANY at the moment of the aforesaid publication.
The User’s rights and responsibilities hereunder are personal and non-transferable.
9.4 In case of termination of this EULA, Sections 6, 7, 8 and 9 remain in force.
9.5 This EULA constitutes full agreement between the User and the COMPANY regarding the use of the Game by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of the Game.
9.6 If any provision of this EULA is or becomes illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of this EULA shall remain in full force and effect.
15.7 The EULA may be modified by the COMPANY at any time. Any amendment to the
EULA shall be notified to Users. The User shall undertake to independently check the EULA with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account.
9.7 COMPANY reserves the right to revise the terms of this EULA by updating the EULA, or by notifying the User by other means. The revised EULA comes into force on the date on which it is published. The User is advised to check the above website periodically for notices concerning such revisions. The User’s failure to take the actions of familiarising himself/herself may not be the ground for failure to fulfil the User’s obligations and the User’s failure to observe the limitations established hereby. The User’s continued use of the Game shall be deemed to constitute acceptance of any revised terms.
9.8 For the matters related to performance of this EULA and/or use of the Game, the User may contact the COMPANY through our support team at contact@knightspeak.com.
Only the English version of this document shall have legal effect. Any translations of this document into other languages are provided for Your convenience only.