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END USER LICENSE AGREEMENT
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
BoomBit Games Ltd with its registered office in London, 14th Floor 33 Cavendish Square, Londyn W1G 0PW, United Kingdom, entered into company register under the number: 08943502, Tax Identification Number: GB208715021 ("BoomBit") is proud to provide you with game software (the "Game") (together with any updates, the "Game Client") for use with the online component of the Game (a "Game Server"). Together, the Game Client and a Game Server make up the Game. This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game Client and, governs your use of the Game Server. By installing or using the Game Client, you agree to be bound by the terms of this Agreement and the TOS.
1. Limited License
The Game Client is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, BoomBit hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to (a) download and install the Game Client onto a personal computer (a "System") owned by you, and (b) use the Game Client in conjunction with a Game Server for your non-commercial entertainment purposes only.
The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of BoomBit's copyrights:
a. You may not sell, license or transfer the Game Client, or any reproductions or modifications thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game Client or to redirect or emulate the communications protocols used by BoomBit;
c. You may not modify the Game Client or any portion thereof;
d. You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Client or any portion thereof;
e. You may not develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to a Game Server except by using an authorized, unmodified Game Client through a BoomBit authorized third party computer service as set forth herein; or
h. You may not use the Game Client to connect to any server or service other than a Game Server through
a BoomBit authorized third party service.
The license granted herein confers no title or ownership in the Game (including without limitation the Game Client) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by BoomBit or its licensors.
2. Term
This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Game Clients under your custody or control.
3. Ownership
You agree that, between you and BoomBit, BoomBit owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the Republic of Poland and European Union, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. Consent to Monitor
When the Game is running, BoomBit, its affiliates or its contractors may monitor your System for uses that violate the Limited License Section. You hereby grant BoomBit, its affiliates and its contractors permission to monitor your System for purposes of identifying such use and communicating potential violations to BoomBit. BoomBit, its affiliates and its contractors are under no obligation to monitor your System.
5. User Content
A. The User warrants that the User Content (shall mean all the non-personal data that the User uploads, transmits, generates, posts, publishes or shares on or through the Services, including but not limited to pictures, videos messages, files, in-game art or any other content. The User’s Content shall be accurate and in compliance with any laws and this Agreement and shall not include non-confidential information, Restricted Content or viruses, adware, spyware, worms or other harmful codes, files and software) comply with this Agreement and any laws, including but not limited to Intellectual Property Rights. The User agrees that the User Content will be processed by BoomBit in accordance with its policies. BoomBit has the right to monitor, record or store the User’s interactions with the Services, BoomBit or other players while the User is using the Services (including without limitation communications through in-game text or video chat). BoomBit may also edit, refuse to post, or remove any User Content. However, BoomBit shall not be liable for any User Content; the only subject liable for the User Content is the User. The User uses the Services for the User’s own risk. BoomBit shall not be responsible in particular for monitoring the User’s content or conduct. Notwithstanding with BoomBit’s other remedies set forth in this Agreement or by law, the User shall compensate to BoomBit any damages deriving from the User Content, including but not limited to these arising of other User’s compensation, decisions of court, government or other suitable authorities.
B. User hereby grants BoomBit an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) to the User Content. The said license entitles BoomBit to use the User Content for any purpose, including marketing and promotion of the Service on all fields of exploitation known at the time of authorization, in particular on the following:
- any recording and reproduction (including the insertion into the computer or other device memory), production of copies, by any technique, including printing, reprographic, magnetic, mechanical, optical, electronic or other, by analogue or digital technique, in any system or format; on any media, including audio or video media, paper or similar, photosensitive, magnetic, optical, discs, memory bones, computer media and other storage media and memory;
- any transactions with the User Content’s original and copies made in accordance with point 1 – placing - them on the market, renting, lending;
- any other distribution, including:
- any broadcasting and rebroadcasting, including by means of a wired or wireless vision or sound, by land stations, via satellite, cable, telecommunications or multimedia systems or other transmission systems (including simulcasting or webcasting), in an uncoded manner or coded, in an open or closed circuit, in any technique (including analog or digital), system or format, with or without the possibility of recording, including text, multimedia, Internet, telephone or telecommunications services;
- any public access to the User Content in such a way that everyone can access it in a place and time of their choice, including the introduction of User Content to IT networks, in particular to the intranet and the Internet, to make the User Content available in such networks, as well as through stations terrestrial, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in an open or closed circuit, in any technique, system or format, with or without the possibility of recording on a medium, also within the services mentioned above;
- any public performance, display, exhibition,
- and in relation to User Content computer program layer also in the following fields of use:
- permanent or temporary duplication of the software in whole or in part, by any means and in any form;
- distribution, including lending or rental of software or a copy thereof.
BoomBit may therefore in particular copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the User Content and all modified works and works which derive from the User Content
C. On the basis of the given consent by User, BoomBit can use and exploit the User’s name, likeness and any other information or material included in any User Content and in connection with any User Content, within the scope regulated by the Privacy Policy and in accordance with The General Data Protection Regulation (GDPR) (EU) 2016/679.
User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered or changed in any manner unless it is prohibited by applicable law.
BoomBit does not claim any ownership rights in the User Content and nothing in this Agreement is intended to restrict any rights that the User may have to use and exploit the User Content.
6. Interactions.
BoomBit is not responsible for the User’s interactions with other Users and third parties. In particular BoomBit is not responsible, but reserves its right to get involved in disputes arising from the use of the Services. If the User suspects unlawful, harmful or other improper activity of the other users, the User shall contact BoomBit. In case of the User’s disputes with other users, BoomBit shall be released from any claims, demands and damages arising of these disputes.
7. In-Services Purchase Terms
The basic Services provided by BoomBit are based on the free to play model. However, while using the Service, the User may purchase a limited, personal, non-transferable, non-sublicensable and revocable license to „virtual currency”, add-ons, updates, subscription, season pass, game content expansions, in-game items (together with virtual currency, the „Virtual Items”) and other goods and services. BoomBit may revise pricing for any reason and at any time. Only BoomBit and its partners are authorized to sell the Virtual Items and other goods and services. BoomBit and its affiliates shall not be liable for Virtual Items and other goods and/or services’ purchase from third parties. Virtual Items and other goods or services may be modified, eliminated, managed, regulated or controlled by BoomBit at any time, for any reason. No User’s rights arise from such activity. Unless it is expressly authorized in the Service, the User must not transfer Virtual Items and other goods and services relating to the Services.All purchases and redemptions of Virtual Items and other goods and services made through the Service are final and non-refundable. The User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services or the Account’s termination.The User agrees to pay all fees and applicable taxes incurred by the User or anyone using an Account registered to the User.
8. Subscription. Some parts of the Services and/or Virtual Items may be billed on a subscription basis (“Subscription”). Subscription provides access to dynamic content or services from within the Services on an on-going basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Services (“Subscription Period”). Payment will be billed on the User’s Platform account when User confirms the Subscription by available confirmation tools within the Services. Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Services. In case the User does not cancel the Subscription within such period, Subscription Fee shall be taken from User’s relevant Platform account when the trial period expires. User’s Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. User may cancel a Subscription during its free trial period using the relevant Subscription settings of User’s account in the Platform. BoomBit cannot cancel your free-trial subscription if it has already been activated. Subscription is automatically renewable, unless the User turns such Subscription off at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from User’s relevant Platform account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from User’s Platform account due to absence of monetary funds, invalidity of credit card or for any other reasons, Subscription shall be automatically cancelled. Once the User has purchased a Subscription, User can manage it and switch off automatic renewal at any time after the purchase in the settings of User’s Platform account. User cannot cancel User’s current Subscription if it has already been activated. Except when required by law, paid Subscription Fees are final and non-refundable. User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services relating to the Subscription or the Account’s termination. BoomBit in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. User will be provided a reasonable prior notice of any change in Subscription Fee. If User does not take action to agree to the increase in Subscription Fee, such User’s Subscription shall expire at the end of the current Subscription period .User acknowledges and agrees that all billing and transaction processes are handled by relevant Platform operators, and are governed by such Platforms’ terms and conditions. If the User has any payment related issues, such User need to contact the relevant Platform operator directly. BoomBit shall not be a party to such an agreement between the User and Platform operator and shall not be liable for any obligations or damage rising thereof.
9. DISCLAIMER OF WARRANTIES
Except as expressly provided herein and to the extent permitted by applicable law, the game is provided to you on an "as is" and "as available" basis without representations or warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement and availability. BoomBit does not warrant that its Services will be accessible for User at the times or locations chosen by the User, are error-free or free of viruses or other harmful components, as well as BoomBit does not warrant that its Services will suit the User’s purpose of use. Moreover, BoomBit reserves the right to permanently shut down the game servers in cases where the game is no longer supported by BoomBit or for the duration of an update or maintenance break - for the duration of the break.
10.. LIMITATION OF LIABILITY
As far as it is permitted by law, BoomBit is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from BoomBit’s gross negligence or willful misconduct or from death or personal injury arising from BoomBit’s any negligence or fraud. This Agreement does not affect any statutory rights of consumer.The User undertakes to indemnify, defend and hold BoomBit (and its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Service, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.
11. INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless BoomBit, its parent, subsidiaries, affiliates, licensors, and contractors, from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys' fees) incurred as a result of, arising from, or relating to your use of the Game and/or the Game Client.
12. Changes to Agreement and Game
BoomBit may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA.
BoomBit may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
13. Patches and Updates
BoomBit may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game Client installed on your System. Updates are not optional. You agree that BoomBit may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for BoomBit to download and apply such Updates.
14. Remedies
You acknowledge that BoomBit may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You therefore agree that if you do breach any of these provisions, in addition to provable damages and reasonable attorneys' fees, BoomBit shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
15. Seizure Warning
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
16. Dispute Resolution
This EULA and any dispute arising out of it or BoomBit’s EULA is governed in all aspects by the law of Republic of Poland. In the event of a dispute arising out of or in connection with this Agreement, the parties shall use their best efforts to resolve the dispute on an amicable basis. Any disputes arising out of this Agreement will be finally settled under the Rules of Arbitration of the International Chamber of Commerce. The seat, or legal place of arbitration will be Warsaw, Poland. The language to be used in the arbitral proceedings will be English. The Parties will maintain the confidential nature of the arbitration proceeding and the Arbitration Award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an arbitration award or its enforcement, or unless otherwise required by law or judicial decision . In case of any dispute arising between the User and BoomBit, the User is strongly encouraged first to contact BoomBit directly to find a resolution by going to BoomBit’s customer support site at: https://boombit.zendesk.com.
17. Miscellaneous
The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between BoomBit and you. BoomBit would not be able to provide the Game (including without limitation the Game Client) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of BoomBit' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of BoomBit. You may not assign this Agreement, in whole or in part, without BoomBit' prior written consent and any attempted assignment in violation of this provision shall be null and void. BoomBit may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise.
Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and BoomBit with respect to the Game Client and supersedes all prior agreements between you and BoomBit pertaining to the Game Client. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game Client and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties. BoomBit reserves the right to provide changes to this Agreement if necessary, in particular for legal reasons or in connection with changes to the services provided. In the event of such a circumstance, the User will be informed and BoomBit will publish the current wording of the Agreement. The Client may object to the change within 14 days of receiving the information about it, which is considered as withdrawal from this Agreement and termination of the legal relationship between the parties. The objection shall be made in the form provided for communication between the User and BoomBit under this Agreement.
The purchase of the Game by the User constitutes a contract for the provision of services, which is concluded immediately after the User clicks the "Accept" button. When the User joins the contract for the provision of services, the User loses the right to withdraw from the contract without giving reasons, which results from the implementation of Directive 97/7/EC on distance contracts into the User's national law.
18. Customer Support
In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the BoomBit Customer Service Department by email at support@boombit.com or on the web at https://boombit.zendesk.com before returning the Game to a retailer. Please do not send any Game to BoomBit without contacting us first.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
BoomBit Games Ltd with its registered office in London, 14th Floor 33 Cavendish Square, Londyn W1G 0PW, United Kingdom, entered into company register under the number: 08943502, Tax Identification Number: GB208715021 ("BoomBit") is proud to provide you with game software (the "Game") (together with any updates, the "Game Client") for use with the online component of the Game (a "Game Server"). Together, the Game Client and a Game Server make up the Game. This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game Client and, governs your use of the Game Server. By installing or using the Game Client, you agree to be bound by the terms of this Agreement and the TOS.
1. Limited License
The Game Client is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, BoomBit hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to (a) download and install the Game Client onto a personal computer (a "System") owned by you, and (b) use the Game Client in conjunction with a Game Server for your non-commercial entertainment purposes only.
The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of BoomBit's copyrights:
a. You may not sell, license or transfer the Game Client, or any reproductions or modifications thereof, to any person or entity;
b. You may not develop, distribute or host any server or software designed to interact with the Game Client or to redirect or emulate the communications protocols used by BoomBit;
c. You may not modify the Game Client or any portion thereof;
d. You may not, or allow or authorize others, to copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Client or any portion thereof;
e. You may not develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to a Game Server except by using an authorized, unmodified Game Client through a BoomBit authorized third party computer service as set forth herein; or
h. You may not use the Game Client to connect to any server or service other than a Game Server through
a BoomBit authorized third party service.
The license granted herein confers no title or ownership in the Game (including without limitation the Game Client) and should not be construed as a sale of any rights to the Game. All rights, titles and interests in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by BoomBit or its licensors.
2. Term
This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Game Clients under your custody or control.
3. Ownership
You agree that, between you and BoomBit, BoomBit owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the Republic of Poland and European Union, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
4. Consent to Monitor
When the Game is running, BoomBit, its affiliates or its contractors may monitor your System for uses that violate the Limited License Section. You hereby grant BoomBit, its affiliates and its contractors permission to monitor your System for purposes of identifying such use and communicating potential violations to BoomBit. BoomBit, its affiliates and its contractors are under no obligation to monitor your System.
5. User Content
A. The User warrants that the User Content (shall mean all the non-personal data that the User uploads, transmits, generates, posts, publishes or shares on or through the Services, including but not limited to pictures, videos messages, files, in-game art or any other content. The User’s Content shall be accurate and in compliance with any laws and this Agreement and shall not include non-confidential information, Restricted Content or viruses, adware, spyware, worms or other harmful codes, files and software) comply with this Agreement and any laws, including but not limited to Intellectual Property Rights. The User agrees that the User Content will be processed by BoomBit in accordance with its policies. BoomBit has the right to monitor, record or store the User’s interactions with the Services, BoomBit or other players while the User is using the Services (including without limitation communications through in-game text or video chat). BoomBit may also edit, refuse to post, or remove any User Content. However, BoomBit shall not be liable for any User Content; the only subject liable for the User Content is the User. The User uses the Services for the User’s own risk. BoomBit shall not be responsible in particular for monitoring the User’s content or conduct. Notwithstanding with BoomBit’s other remedies set forth in this Agreement or by law, the User shall compensate to BoomBit any damages deriving from the User Content, including but not limited to these arising of other User’s compensation, decisions of court, government or other suitable authorities.
B. User hereby grants BoomBit an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) to the User Content. The said license entitles BoomBit to use the User Content for any purpose, including marketing and promotion of the Service on all fields of exploitation known at the time of authorization, in particular on the following:
- any recording and reproduction (including the insertion into the computer or other device memory), production of copies, by any technique, including printing, reprographic, magnetic, mechanical, optical, electronic or other, by analogue or digital technique, in any system or format; on any media, including audio or video media, paper or similar, photosensitive, magnetic, optical, discs, memory bones, computer media and other storage media and memory;
- any transactions with the User Content’s original and copies made in accordance with point 1 – placing - them on the market, renting, lending;
- any other distribution, including:
- any broadcasting and rebroadcasting, including by means of a wired or wireless vision or sound, by land stations, via satellite, cable, telecommunications or multimedia systems or other transmission systems (including simulcasting or webcasting), in an uncoded manner or coded, in an open or closed circuit, in any technique (including analog or digital), system or format, with or without the possibility of recording, including text, multimedia, Internet, telephone or telecommunications services;
- any public access to the User Content in such a way that everyone can access it in a place and time of their choice, including the introduction of User Content to IT networks, in particular to the intranet and the Internet, to make the User Content available in such networks, as well as through stations terrestrial, via satellite, cable, telecommunications or multimedia networks, databases, servers or other devices and systems, including third parties, in an open or closed circuit, in any technique, system or format, with or without the possibility of recording on a medium, also within the services mentioned above;
- any public performance, display, exhibition,
- and in relation to User Content computer program layer also in the following fields of use:
- permanent or temporary duplication of the software in whole or in part, by any means and in any form;
- distribution, including lending or rental of software or a copy thereof.
BoomBit may therefore in particular copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the User Content and all modified works and works which derive from the User Content
C. On the basis of the given consent by User, BoomBit can use and exploit the User’s name, likeness and any other information or material included in any User Content and in connection with any User Content, within the scope regulated by the Privacy Policy and in accordance with The General Data Protection Regulation (GDPR) (EU) 2016/679.
User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content, regardless of whether the User Content is altered or changed in any manner unless it is prohibited by applicable law.
BoomBit does not claim any ownership rights in the User Content and nothing in this Agreement is intended to restrict any rights that the User may have to use and exploit the User Content.
6. Interactions.
BoomBit is not responsible for the User’s interactions with other Users and third parties. In particular BoomBit is not responsible, but reserves its right to get involved in disputes arising from the use of the Services. If the User suspects unlawful, harmful or other improper activity of the other users, the User shall contact BoomBit. In case of the User’s disputes with other users, BoomBit shall be released from any claims, demands and damages arising of these disputes.
7. In-Services Purchase Terms
The basic Services provided by BoomBit are based on the free to play model. However, while using the Service, the User may purchase a limited, personal, non-transferable, non-sublicensable and revocable license to „virtual currency”, add-ons, updates, subscription, season pass, game content expansions, in-game items (together with virtual currency, the „Virtual Items”) and other goods and services. BoomBit may revise pricing for any reason and at any time. Only BoomBit and its partners are authorized to sell the Virtual Items and other goods and services. BoomBit and its affiliates shall not be liable for Virtual Items and other goods and/or services’ purchase from third parties. Virtual Items and other goods or services may be modified, eliminated, managed, regulated or controlled by BoomBit at any time, for any reason. No User’s rights arise from such activity. Unless it is expressly authorized in the Service, the User must not transfer Virtual Items and other goods and services relating to the Services.All purchases and redemptions of Virtual Items and other goods and services made through the Service are final and non-refundable. The User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services or the Account’s termination.The User agrees to pay all fees and applicable taxes incurred by the User or anyone using an Account registered to the User.
8. Subscription. Some parts of the Services and/or Virtual Items may be billed on a subscription basis (“Subscription”). Subscription provides access to dynamic content or services from within the Services on an on-going basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Services (“Subscription Period”). Payment will be billed on the User’s Platform account when User confirms the Subscription by available confirmation tools within the Services. Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Services. In case the User does not cancel the Subscription within such period, Subscription Fee shall be taken from User’s relevant Platform account when the trial period expires. User’s Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. User may cancel a Subscription during its free trial period using the relevant Subscription settings of User’s account in the Platform. BoomBit cannot cancel your free-trial subscription if it has already been activated. Subscription is automatically renewable, unless the User turns such Subscription off at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from User’s relevant Platform account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from User’s Platform account due to absence of monetary funds, invalidity of credit card or for any other reasons, Subscription shall be automatically cancelled. Once the User has purchased a Subscription, User can manage it and switch off automatic renewal at any time after the purchase in the settings of User’s Platform account. User cannot cancel User’s current Subscription if it has already been activated. Except when required by law, paid Subscription Fees are final and non-refundable. User is not entitled to a refund for any reason, including but not limited to unused Virtual Items and other goods and services relating to the Subscription or the Account’s termination. BoomBit in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. User will be provided a reasonable prior notice of any change in Subscription Fee. If User does not take action to agree to the increase in Subscription Fee, such User’s Subscription shall expire at the end of the current Subscription period .User acknowledges and agrees that all billing and transaction processes are handled by relevant Platform operators, and are governed by such Platforms’ terms and conditions. If the User has any payment related issues, such User need to contact the relevant Platform operator directly. BoomBit shall not be a party to such an agreement between the User and Platform operator and shall not be liable for any obligations or damage rising thereof.
9. DISCLAIMER OF WARRANTIES
Except as expressly provided herein and to the extent permitted by applicable law, the game is provided to you on an "as is" and "as available" basis without representations or warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, non-infringement and availability. BoomBit does not warrant that its Services will be accessible for User at the times or locations chosen by the User, are error-free or free of viruses or other harmful components, as well as BoomBit does not warrant that its Services will suit the User’s purpose of use. Moreover, BoomBit reserves the right to permanently shut down the game servers in cases where the game is no longer supported by BoomBit or for the duration of an update or maintenance break - for the duration of the break.
10.. LIMITATION OF LIABILITY
As far as it is permitted by law, BoomBit is not liable to the User for any damages, including loss of revenues, lost profits, data, business interruption or other unless these damages arise from BoomBit’s gross negligence or willful misconduct or from death or personal injury arising from BoomBit’s any negligence or fraud. This Agreement does not affect any statutory rights of consumer.The User undertakes to indemnify, defend and hold BoomBit (and its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of the User’s use of the Service, or any breach by the User of this Agreement. For the avoidance of doubt, the foregoing does not apply if the infringement of rights is not attributable to the User’s intentional or negligent behavior.
11. INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless BoomBit, its parent, subsidiaries, affiliates, licensors, and contractors, from and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys' fees) incurred as a result of, arising from, or relating to your use of the Game and/or the Game Client.
12. Changes to Agreement and Game
BoomBit may update this Agreement at its sole discretion, and you agree to the revised version of the EULA by continuing to play the Game after receiving such revised EULA.
BoomBit may change, modify, suspend, or discontinue any aspect of the Game at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
13. Patches and Updates
BoomBit may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game Client installed on your System. Updates are not optional. You agree that BoomBit may deploy and install Updates remotely, with or without your knowledge, and you hereby provide your consent for BoomBit to download and apply such Updates.
14. Remedies
You acknowledge that BoomBit may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You therefore agree that if you do breach any of these provisions, in addition to provable damages and reasonable attorneys' fees, BoomBit shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
15. Seizure Warning
A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a television, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
16. Dispute Resolution
This EULA and any dispute arising out of it or BoomBit’s EULA is governed in all aspects by the law of Republic of Poland. In the event of a dispute arising out of or in connection with this Agreement, the parties shall use their best efforts to resolve the dispute on an amicable basis. Any disputes arising out of this Agreement will be finally settled under the Rules of Arbitration of the International Chamber of Commerce. The seat, or legal place of arbitration will be Warsaw, Poland. The language to be used in the arbitral proceedings will be English. The Parties will maintain the confidential nature of the arbitration proceeding and the Arbitration Award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an arbitration award or its enforcement, or unless otherwise required by law or judicial decision . In case of any dispute arising between the User and BoomBit, the User is strongly encouraged first to contact BoomBit directly to find a resolution by going to BoomBit’s customer support site at: https://boombit.zendesk.com.
17. Miscellaneous
The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between BoomBit and you. BoomBit would not be able to provide the Game (including without limitation the Game Client) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of BoomBit' licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of BoomBit. You may not assign this Agreement, in whole or in part, without BoomBit' prior written consent and any attempted assignment in violation of this provision shall be null and void. BoomBit may assign this Agreement or any of its rights or obligations under this Agreement without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise.
Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, along with the End User License Agreement in the manual of the Game (if any) incorporating all the applicable documents referenced herein, represents the entire agreement between you and BoomBit with respect to the Game Client and supersedes all prior agreements between you and BoomBit pertaining to the Game Client. In the event this Agreement and the terms of the End User License Agreement in the manual of the Game conflict, the terms of this Agreement shall control. You agree that you will comply with all applicable laws in connection with the Game Client and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties. BoomBit reserves the right to provide changes to this Agreement if necessary, in particular for legal reasons or in connection with changes to the services provided. In the event of such a circumstance, the User will be informed and BoomBit will publish the current wording of the Agreement. The Client may object to the change within 14 days of receiving the information about it, which is considered as withdrawal from this Agreement and termination of the legal relationship between the parties. The objection shall be made in the form provided for communication between the User and BoomBit under this Agreement.
The purchase of the Game by the User constitutes a contract for the provision of services, which is concluded immediately after the User clicks the "Accept" button. When the User joins the contract for the provision of services, the User loses the right to withdraw from the contract without giving reasons, which results from the implementation of Directive 97/7/EC on distance contracts into the User's national law.
18. Customer Support
In the unlikely event of a problem with your Game, you may only need simple instructions to correct the problem. Please contact the BoomBit Customer Service Department by email at support@boombit.com or on the web at https://boombit.zendesk.com before returning the Game to a retailer. Please do not send any Game to BoomBit without contacting us first.