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TERMS OF USE FOR MINIMOL GAMES DESENVOLVIMENTO DE SOFTWARE LTDA.
Last updated September 25, 2023
INTRODUCTION
FOR MINIMOL GAMES DESENVOLVIMENTO DE SOFTWARE LTDA. We are a company registered in Brazil.
If you have any questions or comments about these Terms, please contact us via e-mail, contato@minimolgames.com
THESE TERMS AND CONDITIONS ("TERMS") APPLY TO AND SHALL BE EFFECTIVE IN RESPECT OF ANY USE OF THE GAME. THESE TERMS ARE IN ADDITION TO THE APPLICABLE TERMS AND CONDITIONS OF ANY PLATFORM ON WHICH WE MAKE THE GAME AVAILABLE (“PLATFORM TERMS”). THE PLATFORM TERMS ARE THEREFORE DEEMED INCORPORATED INTO THESE TERMS.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING, DOWNLOADING, PURCHASING OR INSTALLING THE GAME (WHICH INCLUDES THE RELEVANT ONLINE SERVICE). IF YOU DO NOT AGREE WITH THESE TERMS YOU MAY NOT USE, DOWNLOAD OR INSTALL THE GAME.
PLEASE NOTE THAT THE GAME REQUIRES AN INTERNET CONNECTION AND THE AVAILABILITY OF OUR ONLINE SERVICE FOR MOST OF ITS FUNCTIONS.
YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE AN INTERNET CONNECTION, AND THAT THE DEVICE YOU USE HAS SUFFICIENT HARDWARE AND SOFTWARE REQUIREMENTS AND MEMORY IN ORDER TO PLAY AND STORE THE GAME AND USE THE ONLINE SERVICE.
THE GAME HAS BEEN DEVELOPED TO WORK ON THE LATEST VERSION OF STEAM AND XBOX, AT THE TIME OF ITS RELEASE. THE PLATFORM HOLDERS MAY OCCASIONALLY UPDATE THEIR SOFTWARE; WE WILL ENDEAVOR, BUT NOT BE OBLIGATED, TO UPDATE THE GAME IF NECESSARY, TO ENSURE THAT ITS FUNCTIONS AND PERFORMANCE CONTINUE WITH ANY UPDATE RELEASE. IT IS YOUR OBLIGATION TO ENSURE THAT YOU ARE USING THE LATEST COMPATIBLE PUBLIC RELEASE OF ANY OPERATING SYSTEM FOR YOUR CONSOLE OR PC.
THE GAME COMPRISES COPYRIGHT WORKS OF MINIMOL AND/OR ITS LICENSORS. THE GAME IS LICENSED, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP IN THE GAME. THE GAME IS SOLELY INTENDED FOR USE BY END USERS ACCORDING TO THESE TERMS. ANY USAGE, REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN ACCORDANCE WITH THESE TERMS IS EXPRESSLY PROHIBITED.
1. LIMITED USE LICENSE
1.1 Minimol Games grants you limited, non-exclusive right and license to download, install and use the Game for your personal, non-commercial use only, on compatible consoles or devices that are owned by you, subject to these Terms.
1.2 These Terms, and your use of the Game, do not give you any rights of ownership over any property in the game, whether tangible or intangible.
1.3 This clause applies if we offer the Game through the Steam platform (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). Where applicable, you will need a Steam account to play the Game, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here: http://store.steampowered.com/subscriber_agreement/ . The Steam Subscriber Agreement changes from time to time; if it becomes inconsistent with this EULA, where conflicts arise, the Steam Subscriber Agreement takes precedence. Steam allows refunds for the Game in certain circumstances. You can find out how on the Steam website here: Steam Refunds ( https://store.steampowered.com/steam_refunds ).
1.4 If you install or use the Game on any third party platform including without limitation the Microsoft Xbox, platforms then the terms of these platforms will all apply.
1.5 You and we acknowledge that these Terms are agreed between you and us only, and not with Valve Corporation, nor any subsidiary or affiliate company of Valve Corporation. You also acknowledge that we are solely responsible for the Game and the content thereof.
2. END USER OBLIGATIONS
2.1 You may use the Game for your own personal, non-commercial use as described in these Terms, but you are not entitled to and may not do any of the following, except to the extent expressly permitted by these Terms:
2.1.1 sell, transfer, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game, or any part or interest in it, to other parties in any way except where the Game expressly permits you to do so by sharing Game content on social media;
2.1.2 remove, modify or tamper with any copyright, trademark or other notice;
2.1.3 engage in any act that we deem to be in conflict with the spirit or intent of the Game and/or the Online Service, including, without limitation, using cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Game;
2.1.4 attempt to gain unauthorized access to the Online Service, or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by us; or
2.1.5 use the Game for any unlawful or immoral purposes.
2.2 You may not use, access or otherwise export or re-export the products except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Games may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the Games, you represent and warrant that you are not located in any such country or on any such list.
3. TERMINATION
3.1 These Terms and the licenses granted to you by us are effective until terminated.
3.2 You may terminate these Terms at any time and for any reason by deleting and removing the Game from your console or PC.
3.3 We may terminate these Terms if you fail to abide by them at any time and for any reason, or where we reasonably suspect that you have failed to abide by any of these Terms. We may take action that we deem reasonable at our sole discretion against users who do not comply with these Terms. This may include banning users from using or accessing the Game and/or the Online Service. For more information about the kind of infraction you could commit, we recommend you to carefully read the entire paragraph 5.11 “User Content Rules”. Based on the type but especially on the number of reports received, Minimol reserves the right to suspend a user for the following days: one day, three days, seven days, fifteen days, one month. Once the latter is exceeded, it’s possible to incur a permanent suspension.
3.4 Minimol reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, these Terms and/or the Game and/or the Online Service. However, if your action can be rectified, we shall give you reasonable opportunity to do so.
3.5 Following termination, you will no longer be permitted to use any of the Game and you will be required to delete the Game from your console or device.
3.6 Minimol Services are no longer available in a region. Should such a circumstance occur, we will publish a communication on our website and/or in the game itself, reporting the interruption of a core feature of a game or all of the Minimol Services in a region.
4. ONLINE SERVICE.
4.1 Minimol may, but shall not be obliged to, provide and maintain certain online functions, online network play connectivity and interactivity, and other online features relating to the Game subject to these Terms. These shall include, by way of example, the leaderboard.
4.2 We cannot guarantee that the Online Service or a particular part of the Online Service, including any User Content, will always be available.
4.3 The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with these Terms.
Age Restrictions
4.4 To be able to play, you must first accept the Minimol user agreement and confirm that you have read Minimol privacy and cookie policy. In order to use online functions, you must have an Internet connection and an account on the platform; it is also necessary for a person aged at least thirteen to complete the registration process.
User Rules
4.5 You also agree that you will not in any way behave in a manner which is unlawful or which gives rise to civil or criminal liability, or which might call us or the Game into disrepute.
4.6 Where the Game allows you to share pre-determined messages with other users, we shall be entitled to remove, restrict, suspend or alter that ability for any reason at our sole and absolute discretion.
4.7 You will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity.
4.8 If you feel that the behavior of another user breaches these Terms, please let us know by contacting us via the Support Services with details of the potential breach and/or the user responsible. We will take reasonable steps to deal with any breach.
Please note:
Where the Online Service is available, you use it at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Minimol has no way of telling if statements made by other users of the Game and/or the Online Service are true. This is a decision that can only be made by you, and we recommend exercising caution. By playing the Game and using the Online Service and its parts, you accept that this is the case and accept the associated risk. Users must take particular care in relation to the disclosure of their own personal information.
5. WARRANTY AND LIMITATION OF LIABILITY.
5.1 We warrant that we have used and will use reasonable efforts to ensure that:
5.1.1 we are entitled to grant the rights and licenses granted herewith;
5.1.2 the Game will be of satisfactory quality;
5.1.3 we have used and will use reasonable efforts to ensure that the Game and/or the Online Service will be available for six (6) months from the date on which you purchase the Game; and
5.1.4 the Online Service, when made available by us, shall be of satisfactory quality, as described and fit for purpose.
5.2 To the maximum extent permitted by law, and save as expressly provided in these Terms, we give no warranty in connection with the Online Service and exclude liability for any loss or damage of any kind, regardless of how it arises, including without limitation any direct, indirect, punitive or consequential loss, regardless of whether it arises from any issue you notify to us, and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
5.2.1 the availability of the Online Service;
5.2.2 any incorrect or inaccurate information on the Online Service and all errors, interruptions to or delays in updating the Online Service;
5.2.3 the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Online Service;
5.2.4 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Online Service;
5.2.5 all representations, warranties, conditions and other terms which but for this notice would have effect.
5.3 Except as specifically provided in these terms, and to the maximum extent permitted by law:
5.3.1 The Game is provided on an "as is" and “as available” basis without warranty or guarantee of any kind (express or implied) other than those set out in these terms;
5.3.2 We only accept liability for direct loss as a result of our breach of the warranties in Clause 5.1 above;
5.3.3 Our and our licensors’ maximum liability will be limited to €100;
5.3.4 We and our licensors will not in any event be liable in any way for any consequential or indirect loss or damage (save to the extent that damage to your console, PC or other digital content which you own is caused by the Game as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device);
5.3.5 We do not warrant or guarantee that the operation of the Game and/or the Online Service will be uninterrupted or error-free, or that errors can or will be corrected, or that the Game or the Online Service are free of viruses or other harmful components;
5.3.6 You install and use the Game at your own risk.
6. INDEMNITY AND REMEDIES.
6.1 You hereby indemnify (agree to compensate), defend and hold harmless Minimol and our affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") from and against any and all any liabilities, claims, costs and expenses (including legal expenses and attorney fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms, or claims arising directly or indirectly from your use or misuse of the Game (which includes Virtual Items and the Online Service, where existing), and any User Content; and/or any use other than that set out in these Terms. You shall fully cooperate with us in the defense of any such claim and we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6.2 You further agree that the subject matter of these Terms is of a unique character with special value, and that we would suffer irreparable damage if these Terms were not specifically enforced; as a result you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of these Terms, in addition to other remedies as we may otherwise have available under applicable laws.
6.3 Our licensors shall be third-party beneficiaries under these Terms and shall be entitled to enforce its provisions and enjoy the benefits of its protections.
7. OWNERSHIP.
7.1 All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any related applications and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including, by way of example only, any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in us or our licensors.
7.2 The Game may contain certain licensed materials and our licensors may act to protect their rights in the event of any breach of these Terms. All trademarks are the property of their respective owners.
8. SEVERABILITY.
In the event that any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, this provision will be enforced to the maximum extent permissible and the remaining parts of these Terms shall remain in full force and effect.
9. APPLICABLE LAW.
9.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use the Game (including Virtual Items and the Online Service), these Terms are subject to English Law.
9.2 In the event that English Law cannot apply in the country you obtained or use the Game, local law will apply.
9.3 The Game (and each part of it, including Virtual Items and the Online Service) is intended for use and may only be used in countries where all such use is lawful.
As the Minimol Services and applicable laws evolve, we may – and probably will – update these Terms. When we do, we’ll inform the user of the new agreement which will supersede and replace these Terms. The user will be given an opportunity to review any new agreement we present to them and decide whether they wish to agree to the revised terms. If they accept the new agreement, they’ll be able to continue using the Minimol Services. If they don’t, they won’t be able to use the Minimol Services anymore.
CONTACT INFORMATION
All questions, comments or inquiries should be directed to Minimol using the e-mail. We will endeavor to respond to any query or questions within 20 business days.
Last updated September 25, 2023
INTRODUCTION
FOR MINIMOL GAMES DESENVOLVIMENTO DE SOFTWARE LTDA. We are a company registered in Brazil.
If you have any questions or comments about these Terms, please contact us via e-mail, contato@minimolgames.com
THESE TERMS AND CONDITIONS ("TERMS") APPLY TO AND SHALL BE EFFECTIVE IN RESPECT OF ANY USE OF THE GAME. THESE TERMS ARE IN ADDITION TO THE APPLICABLE TERMS AND CONDITIONS OF ANY PLATFORM ON WHICH WE MAKE THE GAME AVAILABLE (“PLATFORM TERMS”). THE PLATFORM TERMS ARE THEREFORE DEEMED INCORPORATED INTO THESE TERMS.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING, DOWNLOADING, PURCHASING OR INSTALLING THE GAME (WHICH INCLUDES THE RELEVANT ONLINE SERVICE). IF YOU DO NOT AGREE WITH THESE TERMS YOU MAY NOT USE, DOWNLOAD OR INSTALL THE GAME.
PLEASE NOTE THAT THE GAME REQUIRES AN INTERNET CONNECTION AND THE AVAILABILITY OF OUR ONLINE SERVICE FOR MOST OF ITS FUNCTIONS.
YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE AN INTERNET CONNECTION, AND THAT THE DEVICE YOU USE HAS SUFFICIENT HARDWARE AND SOFTWARE REQUIREMENTS AND MEMORY IN ORDER TO PLAY AND STORE THE GAME AND USE THE ONLINE SERVICE.
THE GAME HAS BEEN DEVELOPED TO WORK ON THE LATEST VERSION OF STEAM AND XBOX, AT THE TIME OF ITS RELEASE. THE PLATFORM HOLDERS MAY OCCASIONALLY UPDATE THEIR SOFTWARE; WE WILL ENDEAVOR, BUT NOT BE OBLIGATED, TO UPDATE THE GAME IF NECESSARY, TO ENSURE THAT ITS FUNCTIONS AND PERFORMANCE CONTINUE WITH ANY UPDATE RELEASE. IT IS YOUR OBLIGATION TO ENSURE THAT YOU ARE USING THE LATEST COMPATIBLE PUBLIC RELEASE OF ANY OPERATING SYSTEM FOR YOUR CONSOLE OR PC.
THE GAME COMPRISES COPYRIGHT WORKS OF MINIMOL AND/OR ITS LICENSORS. THE GAME IS LICENSED, NOT SOLD. YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP IN THE GAME. THE GAME IS SOLELY INTENDED FOR USE BY END USERS ACCORDING TO THESE TERMS. ANY USAGE, REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN ACCORDANCE WITH THESE TERMS IS EXPRESSLY PROHIBITED.
1. LIMITED USE LICENSE
1.1 Minimol Games grants you limited, non-exclusive right and license to download, install and use the Game for your personal, non-commercial use only, on compatible consoles or devices that are owned by you, subject to these Terms.
1.2 These Terms, and your use of the Game, do not give you any rights of ownership over any property in the game, whether tangible or intangible.
1.3 This clause applies if we offer the Game through the Steam platform (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). Where applicable, you will need a Steam account to play the Game, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here: http://store.steampowered.com/subscriber_agreement/ . The Steam Subscriber Agreement changes from time to time; if it becomes inconsistent with this EULA, where conflicts arise, the Steam Subscriber Agreement takes precedence. Steam allows refunds for the Game in certain circumstances. You can find out how on the Steam website here: Steam Refunds ( https://store.steampowered.com/steam_refunds ).
1.4 If you install or use the Game on any third party platform including without limitation the Microsoft Xbox, platforms then the terms of these platforms will all apply.
1.5 You and we acknowledge that these Terms are agreed between you and us only, and not with Valve Corporation, nor any subsidiary or affiliate company of Valve Corporation. You also acknowledge that we are solely responsible for the Game and the content thereof.
2. END USER OBLIGATIONS
2.1 You may use the Game for your own personal, non-commercial use as described in these Terms, but you are not entitled to and may not do any of the following, except to the extent expressly permitted by these Terms:
2.1.1 sell, transfer, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game, or any part or interest in it, to other parties in any way except where the Game expressly permits you to do so by sharing Game content on social media;
2.1.2 remove, modify or tamper with any copyright, trademark or other notice;
2.1.3 engage in any act that we deem to be in conflict with the spirit or intent of the Game and/or the Online Service, including, without limitation, using cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Game;
2.1.4 attempt to gain unauthorized access to the Online Service, or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by us; or
2.1.5 use the Game for any unlawful or immoral purposes.
2.2 You may not use, access or otherwise export or re-export the products except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Games may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the Games, you represent and warrant that you are not located in any such country or on any such list.
3. TERMINATION
3.1 These Terms and the licenses granted to you by us are effective until terminated.
3.2 You may terminate these Terms at any time and for any reason by deleting and removing the Game from your console or PC.
3.3 We may terminate these Terms if you fail to abide by them at any time and for any reason, or where we reasonably suspect that you have failed to abide by any of these Terms. We may take action that we deem reasonable at our sole discretion against users who do not comply with these Terms. This may include banning users from using or accessing the Game and/or the Online Service. For more information about the kind of infraction you could commit, we recommend you to carefully read the entire paragraph 5.11 “User Content Rules”. Based on the type but especially on the number of reports received, Minimol reserves the right to suspend a user for the following days: one day, three days, seven days, fifteen days, one month. Once the latter is exceeded, it’s possible to incur a permanent suspension.
3.4 Minimol reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, these Terms and/or the Game and/or the Online Service. However, if your action can be rectified, we shall give you reasonable opportunity to do so.
3.5 Following termination, you will no longer be permitted to use any of the Game and you will be required to delete the Game from your console or device.
3.6 Minimol Services are no longer available in a region. Should such a circumstance occur, we will publish a communication on our website and/or in the game itself, reporting the interruption of a core feature of a game or all of the Minimol Services in a region.
4. ONLINE SERVICE.
4.1 Minimol may, but shall not be obliged to, provide and maintain certain online functions, online network play connectivity and interactivity, and other online features relating to the Game subject to these Terms. These shall include, by way of example, the leaderboard.
4.2 We cannot guarantee that the Online Service or a particular part of the Online Service, including any User Content, will always be available.
4.3 The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with these Terms.
Age Restrictions
4.4 To be able to play, you must first accept the Minimol user agreement and confirm that you have read Minimol privacy and cookie policy. In order to use online functions, you must have an Internet connection and an account on the platform; it is also necessary for a person aged at least thirteen to complete the registration process.
User Rules
4.5 You also agree that you will not in any way behave in a manner which is unlawful or which gives rise to civil or criminal liability, or which might call us or the Game into disrepute.
4.6 Where the Game allows you to share pre-determined messages with other users, we shall be entitled to remove, restrict, suspend or alter that ability for any reason at our sole and absolute discretion.
4.7 You will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity.
4.8 If you feel that the behavior of another user breaches these Terms, please let us know by contacting us via the Support Services with details of the potential breach and/or the user responsible. We will take reasonable steps to deal with any breach.
Please note:
Where the Online Service is available, you use it at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Minimol has no way of telling if statements made by other users of the Game and/or the Online Service are true. This is a decision that can only be made by you, and we recommend exercising caution. By playing the Game and using the Online Service and its parts, you accept that this is the case and accept the associated risk. Users must take particular care in relation to the disclosure of their own personal information.
5. WARRANTY AND LIMITATION OF LIABILITY.
5.1 We warrant that we have used and will use reasonable efforts to ensure that:
5.1.1 we are entitled to grant the rights and licenses granted herewith;
5.1.2 the Game will be of satisfactory quality;
5.1.3 we have used and will use reasonable efforts to ensure that the Game and/or the Online Service will be available for six (6) months from the date on which you purchase the Game; and
5.1.4 the Online Service, when made available by us, shall be of satisfactory quality, as described and fit for purpose.
5.2 To the maximum extent permitted by law, and save as expressly provided in these Terms, we give no warranty in connection with the Online Service and exclude liability for any loss or damage of any kind, regardless of how it arises, including without limitation any direct, indirect, punitive or consequential loss, regardless of whether it arises from any issue you notify to us, and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
5.2.1 the availability of the Online Service;
5.2.2 any incorrect or inaccurate information on the Online Service and all errors, interruptions to or delays in updating the Online Service;
5.2.3 the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Online Service;
5.2.4 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Online Service;
5.2.5 all representations, warranties, conditions and other terms which but for this notice would have effect.
5.3 Except as specifically provided in these terms, and to the maximum extent permitted by law:
5.3.1 The Game is provided on an "as is" and “as available” basis without warranty or guarantee of any kind (express or implied) other than those set out in these terms;
5.3.2 We only accept liability for direct loss as a result of our breach of the warranties in Clause 5.1 above;
5.3.3 Our and our licensors’ maximum liability will be limited to €100;
5.3.4 We and our licensors will not in any event be liable in any way for any consequential or indirect loss or damage (save to the extent that damage to your console, PC or other digital content which you own is caused by the Game as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device);
5.3.5 We do not warrant or guarantee that the operation of the Game and/or the Online Service will be uninterrupted or error-free, or that errors can or will be corrected, or that the Game or the Online Service are free of viruses or other harmful components;
5.3.6 You install and use the Game at your own risk.
6. INDEMNITY AND REMEDIES.
6.1 You hereby indemnify (agree to compensate), defend and hold harmless Minimol and our affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") from and against any and all any liabilities, claims, costs and expenses (including legal expenses and attorney fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms, or claims arising directly or indirectly from your use or misuse of the Game (which includes Virtual Items and the Online Service, where existing), and any User Content; and/or any use other than that set out in these Terms. You shall fully cooperate with us in the defense of any such claim and we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6.2 You further agree that the subject matter of these Terms is of a unique character with special value, and that we would suffer irreparable damage if these Terms were not specifically enforced; as a result you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of these Terms, in addition to other remedies as we may otherwise have available under applicable laws.
6.3 Our licensors shall be third-party beneficiaries under these Terms and shall be entitled to enforce its provisions and enjoy the benefits of its protections.
7. OWNERSHIP.
7.1 All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any related applications and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including, by way of example only, any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in us or our licensors.
7.2 The Game may contain certain licensed materials and our licensors may act to protect their rights in the event of any breach of these Terms. All trademarks are the property of their respective owners.
8. SEVERABILITY.
In the event that any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, this provision will be enforced to the maximum extent permissible and the remaining parts of these Terms shall remain in full force and effect.
9. APPLICABLE LAW.
9.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use the Game (including Virtual Items and the Online Service), these Terms are subject to English Law.
9.2 In the event that English Law cannot apply in the country you obtained or use the Game, local law will apply.
9.3 The Game (and each part of it, including Virtual Items and the Online Service) is intended for use and may only be used in countries where all such use is lawful.
As the Minimol Services and applicable laws evolve, we may – and probably will – update these Terms. When we do, we’ll inform the user of the new agreement which will supersede and replace these Terms. The user will be given an opportunity to review any new agreement we present to them and decide whether they wish to agree to the revised terms. If they accept the new agreement, they’ll be able to continue using the Minimol Services. If they don’t, they won’t be able to use the Minimol Services anymore.
CONTACT INFORMATION
All questions, comments or inquiries should be directed to Minimol using the e-mail. We will endeavor to respond to any query or questions within 20 business days.