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TERMS OF SERVICE

in force from 6th June 2014

The below Terms of Service shall be a license agreement between a natural person using the Software and services provided by Vivid Games (hereinafter: the User) and Vivid Games S.A. with its seat in Bydgoszcz (hereinafter: Vivid Games), providing for the terms and conditions for use of Vivid Games Software and services, both available for downloading in online stores and sold on original data carriers.

Prior to installation of the Software and making use of Vivid Games services, the User should read this license agreement thoroughly. The Software shall be transferred upon the rules of license, but not sold. Through the purchase, installation or use of Vivid Games Software and services the User accepts the terms and conditions hereof. In the case of giving no consent to these terms and conditions, the Software should not be installed or used. This agreement shall be applied regardless of Software licenses obtained by the User.

Any rights not expressly granted below shall be reserved to the maximum extent admitted by law in force for Vivid Games and its licensors. Userís rights to make use of services and the Software on the basis hereof shall be strictly dependant on his/her regular compliance with the terms and conditions herein. In certain cases Userís rights to make use of the Software and services may be limited in respect of the number of activations or registrations or may be seized in full, according to the sole decision of Vivid Games.

1. Limited Non-Exclusive License to the Software

As long as the User complies with the terms and conditions hereof, Vivid Games grants to the User the non-exclusive limited right and license to install for private use at home only the Software and to make use of it basing on a computer hard disc or internal memory of mobile devices at Userís possession and under Userís care, and meeting the requirements specified in the Software and services description, including on many carriers at the same time and basing on an account in Vivid Games or in an internal entity (e.g. Google Play Games). The license shall not be granted with the right of delegation.

Vivid Games services and Software shall be for private non-commercial use, except for situations approved by Vivid Games in writing.

2. RULES OF SERVICES

a. Vivid Games shall provide services to Users in the version as offered at the moment and depending on their availability, which can be beyond the control of Vivid Games (e.g. due to a break in server operations). †Vivid Games shall not guarantee to the User any availability of the Software and services, their stability and appropriate operation as well as the safety of making use of such services, including also preciseness and accuracy of information published through Vivid Games services.

b. Vivid Games shall bear no liability for any breaks in the services availability, potential errors in services, damage caused by making use of Vivid Games Software and services or the impossibility to make use of them, including loss of profit and damage in property, as well as the impossibility of participation in contests organized by Vivid Games. Moreover, Vivid Games shall bear no liability for any physical damage to data carriers caused by the User or sellers and distributors.

c. Vivid Games shall not be liable for any harmful content in emails and other communication sent by Vivid Games or on servers used by Vivid Games, even if Vivid Games is notified earlier that such harm can occur.

d. Certain services or Software can require from the User a stable and regular Internet connection for the purpose of the valid User verification and to secure the full functionality. The opportunity of use of all Vivid Games services, including participation in contests, can require the stable and regular Internet connection. Moreover, the User may be obliged to have an active account in such external services as Apple Game Center, Google Play Games, FacebookTM, Kakao, Steam, Twitch, etc. In such and any other cases Vivid Games shall not be liable for making use of external services, while having accounts in them shall be subject only to terms and conditions imposed by those services operators. If the User fails to meet those terms and conditions or terms of use of external services, the functionality of Vivid Games services and Software may be limited or unavailable completely.

e. Vivid Games shall bear no liability for any loss that the User can suffer using the unstable Internet connection or the connection with too slow data transfer. The User may not claim any rights to a contest prize, if his/her submission is not registered appropriately due to the interrupted Internet connection or for any reason out of Vivid Games direct and full control.

f. In the event of using Vivid Games services and Software through a mobile Internet connection, fees for data transfer and sending information as well as other charges collected by the Userís operator or roaming provider apply in accordance with the tariff applicable to the User. Downloading and making use of certain Vivid Games services may be subject to restrictions or bans imposed by the Userís operator or provided for in laws of the state, in which the operator is seated. Certain Vivid Games services can be non working due to mobile devices used by the User.

g. In order to make the fluent operation of Vivid Games services possible within geographically large areas, certain aspects of the services can be simulated to a certain extent, to avoid delays and loss of quality of the game.

h. It shall be forbidden to break securities, decompile, reproduce, decompose, remove information †on copyright or ownership title, to make any Vivid Games service or Software readable for a human being, to interfere into Vivid Games services and Software by people and institutions not connected with Vivid Games without the latterís consent in writing, to upload viruses and other harmful components and to damage the services and Software, to disrupt other Usersí comfort of making use of Vivid Games services, and to make use of any service or Software in conflict with law.

i. The User agrees not to make use of any software or devices in order to manipulate the course of the game, to make possible, among other things, the automated participation in the game or the accelerated game, not to use and not to communicate to others (except for reporting to Vivid Games) any exploits and/or cheats, and also agrees not to cheat and not to modify any Vivid Games service so that advantage be gained by a single User or a group of Users over the remaining ones. The User agrees not to violate third partiesí copyrights, particularly in avatars and other types of works used on accounts.

j. Vivid Games shall be entitled to review, store, monitor, modify, delete and publish the User-generated content and communications sent through Vivid Games services and Software any time and for any reason, without any obligation to notify the User of such actions, particularly due to the use by the User of an offensive or obscene username visible for the remaining Users.

3. USERíS ACCOUNT

a. Certain Vivid Games services require an account to be created by the User, making possible to use the full service functionality or to take full advantage of the used software. In such an event, the User may not create or make use of more than one account for a given Vivid Games service. If the Userís account to date is blocked by Vivid Games, then, regardless of the reason, the User shall be obliged to refrain from creating the next account within the given service.

b. In the case of creating an account mentioned in section a., the User agrees to provide true, up-to-date and full details, including contact details making possible for Vivid Games and its partners sending communications and notifications.

c. When using Vivid Games services and contacting Vivid Games, the User shall be obliged not to mislead others in respect of his/her identity, namely not to introduce him-/herself as someone else or another unit, and not to make use of someone elseís user name and password or other account details, not to provide false parental or guardianís details. The User accepts the verification by Vivid Games of the contact details he/she has provided, and agrees to provide the consent expressed by appropriate persons for the verification of the parental or guardianís contact details.

d. Vivid Games reserves the right to suspend or to close the Userís account, to suspend or deprive the User of his/her possibility to make use of Vivid Games services. Moreover, Vivid Games reserves the right to modify the content generated by the User as a result of actions in conflict with law or with terms and conditions of Vivid Games services, of encouraging other Users to such actions or of recommending such actions or other acts considered by Vivid Games as harmful for its service.

e. Every User making use of a specific Vivid Games service shall be obliged to take appropriate action in order to secure the secrecy of his/her account name and password. The User shall be liable for any actions taken through his/her account. In the event of unauthorized use of the account or account-related information and in each case of violation of security concerning Vivid Games services, the User shall be obliged to notify Vivid Games.

f. It shall be forbidden to sell, buy, lease, transfer free of charge, make the Userís account available to any third party, including any third partyís use of the account under such agreements. The expression of consent for the account transfer specified in the preceding sentence shall be the right vested solely in Vivid Games. Someone who has taken over the account in conflict with the rules, and in the way described in the first sentence, shall be liable jointly and severally with the User towards Vivid Games.

4. VIRTUAL GOODS

a. The Virtual goods shall be understood as the virtually existing non-physical objects for use in games, using Vivid Games services and Software.

b. Vivid Games may license the User to make use of specific virtual goods that may be used in Vivid Games Software and services. The license may be granted to the User both free of charge and for a consideration for real money and also for virtual money, also offered by external entities, and for specific activation codes.

c. Vivid Games stipulates that any purchase of virtual money or activation codes from external entities shall be regulated by an agreement between the User and an external entity and it can be governed by laws of various states. Vivid Games shall not be a party to such transactions and shall not be liable for any result thereof.

d. The license to any virtual goods shall be granted by Vivid Games to a specific User for his/her limited, private, non-commercial use, and it shall not be a subject matter of sale, multiplication or transfer, exchange, giving as a present or sublicensing to a third party or entering into a company.

e. Vivid Games strictly forbids any forms of transfer, sale, exchange of virtual goods, making them available and entering them into companies, both for real money and in exchange for any other goods, out of the Vivid Games system. Each transaction or attempt of transaction of such kind may be a reason for closing accounts of the Users connected with such transaction, lifelong ban on making use of Vivid Games services and even for instituting a legal action.

f. Vivid Games reserves the right to amend the rules, to manage, regulate, exercise control, modify and eliminate virtual goods published by Vivid Games any time, without any need to notify and obtain Usersí consent and without any liability towards them. The User acknowledges and accepts that Vivid Games shall not be obliged to reimburse expenses in exchange for virtual goods regardless of the reason, including situations, where such goods are not used by the User or have been lost by the User, also in the case of acting in conflict with this agreement.

5. CONTESTS

a. The Users fulfilling all the conditions listed below may participate in contests organized or co-organized by Vivid Games:

  • have active accounts in Vivid Games services during a contest;
  • if the User has not reached maturity age in accordance with his/her applicable law, his/her participation in the contest shall be presumed as if he/she had a parental consent to do so.
The User, when joining a contest, accepts the use of his/her name for the need of announcing the winners list.

b. Vivid Games employees, contractors and representatives as well as their closest family members shall be excluded from the contest. Closest family members shall be understood as descendants, ascendants, siblings, spouses, spousesí parents and adopted persons. Moreover, people professionally connected with the contest in question shall also be excluded from participation in it.

c. Vivid Games reserves the right to verify the participantsí identity and the conditions for their qualification to the contest also after potential winners are determined.

d. Potential winners residing within the territories, where participation in contests requires special skills, may be obliged to solve a test in maths in a prescribed time or to meet other requirements, in order to obtain the right to win a prize.

e. Vivid Games reserves the right to cancel or to ignore contest submissions delivered too late or wrongly addressed, damaged, incomplete, invalid, lost for technical or logistic reasons, sent by users violating these Terms of Service or, in respective cases, if no parental or guardianís consent has been delivered.

f. One User may take part in a single contest once. The User may not submit through third parties, make use of many identities or any automated tools to submit or vote or of other programs. Any submissions or votes of such type shall be cancelled by Vivid Games.

g. Vivid Games reserves the right to modify, suspend, end earlier or cancel a contest after announcing it, but before closing or when holding it, without providing reasons at its sole discretion, particularly if Vivid Games comes to a conclusion that the contest cannot take place appropriately or fairly, if technical circumstances occur preventing from holding the contest or if manipulation of submissions or scores takes place. In such an event Vivid Games shall dispose of contest prizes at its sole discretion, in the way as it deems fair in relation to the Users. The contest shall be null and void, if it is forbidden or restricted by law. Vivid Games shall not be liable for damage due to the Userís participation in the contest, if the participation is considered as illegal by governing law within the Userís jurisdiction territory.

6. PRIZES

a. The User shall be awarded with a prize from Vivid Games for winning a contest. The decision on awarding the prize shall be final and subject to no appeal, unless a violation of the rules hereof or of the contest rules is disclosed. Vivid Games reserves the right to replace the prize in a given contest with a similar prize with the approximate value. The prize shall not be exchanged into cash equivalent or any prizes of another kind. The User may not transfer the right to be given with the prize to any third party. Prizes shall be awarded subject to obtaining a sufficient number of qualifying submissions in respect of a contest concerned.

b. If a potential winner fails to take prizes within the prescribed period or fails to meet the qualification criteria specified in the regulations, the prize shall be forfeited or an alternative winner shall be determined according to the contest regulations. Unless the prize description provides for otherwise, winners shall pay any and all costs and expenses related with prize taking, including the obligation to pay any and all public dues.

c. Signing and submitting by a determined winner a statement in writing on his/her meeting the qualification criteria and on consent for making use of his/her image may be a condition for taking the prize. Making use of an image shall mean the winnerís participation in justified contest-related advertisement activities and authorizing Vivid Games to make use of the Userís name, surname, place of residence, province/state or country, image, information about the prize and of his/her statements concerning the contest for marketing, advertising and promotional purposes, without any extra consents of or remuneration for the User.

d. Vivid Games shall not be obliged to exchange the prize howsoever lost, also if lost or damaged in shipping. Unless the prize description provides for otherwise, prizes shall be awarded without any guarantee or warranty.

e. If an admission ticket for an event is a prize, Vivid Games shall not be obliged to pay any cash equivalent or to exchange the prize into another one, if the winner is not capable to take part in such event due to factors out of Vivid Gamesí control. Furthermore, Vivid Games shall not be liable for calling off such event by an event organizer.

f. Any attempts of contest manipulation, disturbance, sabotage or damaging its mechanisms or the user submission procedure, attempts of fraud or obtaining unfair advantage, harassment, nuisance or irritating conduct or threat to other participants or organizers as well as actions to weaken the contest accuracy, fair nature or to discredit the contest shall cause for the User the automatic deprivation of Userís right to participate in the contest and may entail respective legal actions to bring the guilty into justice and to make the User satisfy the organizer.

7. PRIVACY POLICY

a. Personal data shall be the data to identify or to contact someone. Vivid Games services may also gather the Userís anonymous data, such as operatorís, device identifier.

b. According to the rules of the Userís account in section 2, the User, who wishes to make use of the account and services, shall be obliged to provide his/her true personal data. Vivid Games and its affiliates may make these data available to one another and make use of them according to these privacy protection rules. They may also combine these data with the other for statistical needs and for the needs of providing personalized service and improvement of products, services, game quality, holding contests, ranking systems, achievements and progress recording in individual external games (cloud save). Providing personal data required by Vivid Games shall not be compulsory, however if the User fails to do so, this can prevent him/her in many cases from making use of the account, service or from receiving responses for asked questions.

8. SAFETY INFORMATION

In order to avoid straining muscles, joints or eyes when making use of Vivid Games services and Software, the User should always make often breaks and take a longer rest, if he/she feels pain, exhaustion, fatigue or any other discomfort. A slight percentage of people can have an attack or lose consciousness due to contact with flashing lights or patterns, including video games or watching video recordings. Symptoms can include vertigo, nausea, uncontrolled moves, loss of consciousness, visual disturbance, tingling, numbness or any other discomfort. Users who experienced these or similar symptoms should contact a doctor prior to making use of services or the Software, and cancel their use of such product immediately and go to a doctor, if such or similar symptoms appear while using the product. Parents should check, if their children making use of services or the Software experience such symptoms.

9. LIMITATION OF LIABILITY

In accordance with law in force, the company Vivid Games shall be liable only (i) in the case of the deliberated violation of the agreement conditions, (ii) in the case of gross negligence evidenced in the court, (iii) for damage due to physical injury and health damage, or (iv) in the case of violation of applicable laws on liability for product defects. Gross negligence shall pertain to an action or omission being a consequence of gross negligence and distinct negligence of duties.

10. TERMINATION

Without prejudice to any other rights, Vivid Games may terminate this agreement without notice with immediate effect, if the User fails to meet the conditions hereof. In the event of termination, the User must destroy all copies of the Software and all its components, including the Software stored on a hard disc of any computer or in the memory of any mobile device. The User may terminate the agreement with Vivid Games any time by way of destroying the Software and uninstalling it from a hard disc or another carrier, including mobile device internal memory. Any and all provisions hereof pertaining to the waiver of rights, to warranty, limitation of liability, remedies or compensations and rights of Vivid Games resulting from the ownership title, as well as to the choice of governing law and jurisdiction, indemnification and other aspects shall survive the termination hereof.

11. AMENDMENTS

Vivid Games may amend or modify this agreement from time to time. In such an event, the company Vivid Games shall notify the User of all introduced amendments or modifications announcing this on the website. If within one month after such announcement the User fails to raise objection against the amended License Agreement, the further use of services and the Software shall mean that the User accepts the new version of the agreement.

12. FINAL

a. This agreement shall be governed by law in force in the Republic of Poland. In case of any dispute, the parties shall submit it to the court having jurisdiction over the business seat of Vivid Games. In case of doubts as to the contents of this agreement resulting from language versions, the version in Polish shall prevail.

b. If any of the provisions of this agreement is held invalid or unenforceable by any court or another tribunal having appropriate jurisdiction, the remaining provisions hereof shall remain in full force and effect. This agreement shall be the entire agreement between the parties in respect to the subject matter hereof, and shall replace any and all prior agreements, whether oral or in writing.