Terms of Service (the «Terms»)
of the Project.
The "Project" is a virtual program and the product of Mobile Publicum UAB, which is its operator. "Service(s)"
refers to your use of Project for any purpose whatsoever.
This Terms sets out the legal terms between you
(either an individual or legal entity) and the legal Licensor and Owner of the
Project - Mobile Publicum UAB ("EO" /
"we" / "us").
WARNING: In no way shall any extra, than written in this Terms IP
rights, be granted to any other company or person and not mentioned in this
Terms, except if it is not directly set by Mobile Publicum
UAB.
These Terms are accepted by you when you actually use the Services of
the EO. You should print a copy of these Terms for your records and we highly
recommend you do so. These Terms remain effective from the date of acceptance
until terminated by you or EO in accordance with this Terms.
You cannot accept these Terms if: (a) you are not lawfully entitled to
use the Services under any applicable laws in the country in which you are
located or resident; or (b) if you are not of legal age to form a binding
agreement with EO. By accepting these terms you acknowledge and agree that you
have reached the age to enter into such binding agreement in the country in
which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It
is your responsibility to ensure that you are legally allowed to enter into
this Agreement and that you do not violate any applicable laws.
In some countries there exist legal and/or other restrictions on usage
of the Services and/or downloading, installing and/or using of products,
portions of products, software which are or might be available through the
Services. It is your responsibility to ensure that you comply with all
applicable legal restrictions in your jurisdiction.
IP RIGHTS
All rights for this project and all materials of the Service are owned
by Mobile Publicum UAB. Please note that these Terms
do not create any third party rights or create any private right of action, but
may be enforced solely by Mobile Publicum UAB in its
sole discretion.
EO does not take action to enforce these rules in a particular instance
will not be considered a waiver of any right to do so in the future or in other
situations.
ACCESSING THE TERMS
If you accessing or using the Project, you accept and
agree to these Terms of Service and the Privacy Policy. You may also be required to register an account (the
"Account"), have a valid account on the social networking service
("SNS") through which you connect to the Project, if any, or have an
account with the applications provider for your mobile device. You must provide
all equipment and software necessary to connect to the Service, including, but
not limited to, a mobile device that is suitable to connect with and use the
Project, in cases where the Service offers a mobile component. You are
responsible for any fees, including internet connection or mobile fees that you
incur when accessing the Project.
By using the products of EO and/or the Services, you acknowledge and
agree that:
Under no circumstances will EO be liable in any way for any Content or
for any loss or damage of any kind incurred as a result of the use of any
Content, emailed or otherwise made available via the EO and/or the Service.
You may not upload, publish, post, distribute or disseminate any Content
that defames, abuses, harasses, stalks, threatens or otherwise violates the
legal rights (such as rights of privacy and publicity) of others or the
Project. If you post any comments or Content to the EO, unless we indicate
otherwise, you grant EO and its affiliates, Licensors, a nonexclusive,
royalty-free, perpetual, irrevocable and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content in connection with:
providing and promoting the Services; and/or exercising the rights granted in
these Terms.
Your use of the Services of the Project and all Content you posted on,
transmitted through or linked from the EO and/or the Mobile applications (If
applicable) is in compliance with the rules set forth in these Terms and all
applicable local, state, national, and international laws, rules and
regulations, including any laws regarding the transmission of technical data
exported from your country of residence and all export control laws.
DISCLAIMER
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY
APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND
ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY
TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION,
INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF
CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE Mobile Publicum
UAB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY
WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE OF THE PROJECT IS AT YOUR
SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY FOR A
PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW
WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM
FIRST USE OR THE MINIMUM PERIOD REQUIRED).
YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND YOU AGREE NOT TO SEEK TO HOLD
THE Mobile Publicum UAB LIABLE, FOR THE CONDUCT OF
THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL
SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES
WILL THE Mobile Publicum UAB BE LIABLE TO YOU FOR
MORE THAN THE AMOUNT YOU HAVE PAID TO Mobile Publicum
UAB.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE,
SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN
PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY
CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY
ARISING FROM ANY NEGLIGENCE OR FRAUD OF Mobile Publicum
UAB.
NOTICE: You do agree to follow the COPPA terms ("Children's Online
Privacy Protection Act of 1998").
MISCELLANEOUS
If any provision of these Terms (or part of it), is found by any court
or administrative body of competent jurisdiction to be illegal, invalid or
unenforceable, then such provision (or part of it) shall be removed from the
Terms without affecting the legality, validity or enforceability of the
remainder of the Terms.
The failure by EO to exercise, or delay in exercising, a legal right or
remedy provided by these Terms or by law shall not constitute a waiver of EO’s right or remedy.
We will make changes to these Terms from time to time and we will
publish the changes at this link. The changes will be effective when published.
Please review the Terms on a regular basis. If we are unable to provide the
Services as a result of force majeure, we will not be in breach of any of its
obligations towards you under these Terms.
These Terms shall be governed by and interpreted in accordance with the
laws of the United Kindom without regard to its
conflict of laws provisions. The exclusive
jurisdiction and venue of any action with respect to the subject matter of
these Terms shall by The Supreme Court of the United Kindom,
and each of the parties hereto waives any objection to jurisdiction and venue
in such courts. However, we reserve the right to seek injunction relief in any
jurisdiction when we deem it necessary.
SEVERABILITY
This Terms are drafted in English. In the event of any inconsistency between a
non-English version of these Terms and the English version, the English version
shall prevail. You and New Centiry Games agree that
if any portion of these Terms of Service or of the Privacy Policy is found
illegal or unenforceable, in whole or in part by any court of competent
jurisdiction, such provision shall, as to such jurisdiction, be ineffective
solely to the extent of such determination of invalidity or unenforceability
without affecting the validity or enforceability thereof in any other manner or
jurisdiction and without affecting the remaining provisions of the Terms, which
shall continue to be in full force and effect.
Mobile Publicum UAB
If you have any question, do not hesitate to contact
us at
07 October 2014