Terms of Use

These terms (“Terms of Use”) are applicable to your use of the portal website, accessible via www.shpaga-games.com, including all sub domains (“Website”) offered by Alawar Media, a private company with limited liability having its registered office at 51, rue de Strasbourg, L-2561 Luxembourg, (“Alawar Media”), including to the downloading of any Software (as described below) from the Website. Please read these Terms of Use carefully so that you know what your rights and obligations are when using the Website. By using the Website in any way whatsoever, you accept to be bound to these Terms of Use. You hereby warrant that you are fully authorized to enter into this agreement with Alawar Media.  If you do not accept these Terms of Use, do not use this Website. You may not use this Website unless you are over 13 years of age or have obtained prior consent of your parent or legal guardian before using this Website. You can download these Terms of Use here: http://shpaga-games.com/terms-of-use/.

Clause 1                  Your Use of the Website

1.1           You are responsible and liable for any activities performed by you via the Website, including for all materials, data and information published, distributed or otherwise made available by you via the Website including, but not limited to, personal data, comments, messages, photographs and/or audiovisual materials (“Content”). Notwithstanding the other provisions of these Terms of Use, any use of the Website by you, including the publishing, distributing or otherwise making available of any Content by you, shall not (a) be misleading, (b) contain any viruses, Trojan horses, worms, bots or other software which might damage, render useless or inaccessible, delete or appropriate an automated work or data, or which are meant to bypass technical protection measures of the Website, the Software and/or the computer systems of Alawar Media, (c) consist of taking a false identity or untruthfully suggest that you are affiliated with Alawar Media, (d) contravene these Terms of Use or any applicable legislation or regulations, (e) infringe on the rights of Alawar Media or third parties including any IP-Rights (as described below) or privacy related rights, (f) be otherwise unlawful in any way whatsoever or (g) harm the interests or good name of Alawar Media.

1.2           Any technical facilities required in order to be able to use the Website, including but not limited to, hardware and the availability of an internet connection as well as the costs of their use, will be at your own expense.

1.3           You are not allowed to copy, disseminate, publish or otherwise make available (any parts of) the Websites, the Software, and/or Content of third parties.

1.4           Alawar Media may take technological measures to protect the Website and individual parts thereof. You may not remove or circumvent such technological measures.

1.5           Linking to the Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page of this Website. You are not allowed to use in-line linking or framing. You must not imply that Alawar Media endorses or sponsors the linker or its website, products or services. You must not use Alawar Media’s intellectual property including but not limited to trademarks, trade name or copyrighted materials without permission from Alawar Media. Furthermore, you agree to remove the link at any time upon our request.

Clause 2                 Content

2.1           Notwithstanding the provisions set forth in Clause 2, you guarantee that you will not make available and/or transmit any Content via the Website or the Software which (a) is discriminating or otherwise offensive, (b) incites to violence and/or harassment of others, (c) leads to or is the consequence of exploitation or abuse of others, (d) which, in the opinion of Alawar Media, is contrary to good morals or good taste, is violent or which includes (a link to) pornographic or erotic material, (e) includes a request for the personal details of minors and/or which provides the personal details of others or (f) involves chain letters, junk mail or spamming and/or asks for passwords or other information which can be traced back to persons, including by using automated software or methods.

2.2          You retain all intellectual property rights to Content you submit. You acknowledge and agree that by making Content available you automatically grant to Alawar Media a royalty-free, unencumbered, world-wide, sub-licensable, non-exclusive license to use, reproduce, circulate and make available the Content in connection with the Website or the Software and to use the Content for marketing and/or promotional purposes in connection with the Website or the Software.

2.3          You acknowledge and agree that third parties such as visitors of the Website may use the Content you make available to Alawar Media. Alawar Media does not accept any liability for compliance with these Terms of Use by any third parties.

2.4          All Content provided by you during your use of the Website will be saved in a database. Alawar Media is however not obligated to retain any (backup) copies of the Content. Insofar as the Content includes any personal data, these will be processed in accordance with applicable data protection legislation.

2.5          You acknowledge and understand that third parties determine the content offered by them. Alawar Media is not aware of the contents of any third party content. Therefore Alawar Media does not give any guarantees and does not accept any liability for any content offered via the Website.

2.6          Alawar Media reserves the right to change or remove Content for any reason and without any further notice and without having to pay any compensation. In particular Alawar Media may do so in, but not limited to, cases in which you violate Clause 2.1 and/or Clause 3.1. This paragraph does not withstand the right to take further legal action, including but not limited to, providing your personal details to third parties.

2.7          Third parties’ software applications, content and services and/or links to third party websites may be available via the Website. The availability of such third party content on the Website does not imply that Alawar Media has approved or checked this content. Alawar Media therefore does not accept any responsibility or liability for third party content nor for any use of third party content. Third party terms or conditions may apply to third party content.

Clause 3                 Software

3.1           “Software” shall mean any video game software published, distributed or otherwise made available by Alawar Media, such as but not limited to, mobile games, downloadable and installable games for use on computers, mobile phones, consoles or other devices and games accessed by means of a browser or other online communication method, including any updates, upgrades or other additions or alterations and including all accompanying documentation, manuals, instructions, packaging and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.

3.2          Certain Software made available for downloading from or through this Website is licensed subject to the terms of the applicable End User License Agreement. Both the Software and any accompanying documentation made available through this Website is the copyrighted work of Alawar Media or its licensors, as applicable. Except as set forth in the applicable End User License Agreement, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable End User License Agreement to download or order Software, products or services from this Website.

Clause 4                 Interruption of the Website

4.1           Alawar Media is entitled to put the Website and or specific parts of the Website (temporarily) out of service and/or to reduce the use of it without any prior notice and without being obligated to pay compensation to you, if to the discretion of Alawar Media this is necessary for instance in connection with reasonably required maintenance of the Website.

4.2          Alawar Media is entitled without any prior notice, to apply procedural and technological changes and/or improvements to the Website.

4.3          In addition to any other remedies or means available to Alawar Media, Alawar Media is at all times entitled to restrict, suspend or put out of use your activities (temporarily or permanently) in connection with the Website without giving any reason and without any prior explanation, to remove Content, to issue a warning, to terminate the Website and to refuse to provide you with the Website, particularly, without limitation, if you act contrary to these Terms of Use or the EULA and/or Alawar Media is of the opinion that your acts may inflict damage or cause liability for Alawar Media with regard to third parties. Alawar Media will not be liable or obliged to pay compensation for this in any way whatsoever.

Clause 5                 IP-Rights

5.1           “IP-Rights” shall mean all intellectual property rights and associated rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as rights to know-how and proprietary information.

5.2          All IP-Rights with regard to the Website and the Software, including all its contents such as any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, texts and other materials are vested in Alawar Media and/or its licensors.

5.3          Under the conditions set out in these Terms of Use, Alawar Media grants you a restricted, personal, revocable, non-exclusive, non-sub-licensable, non-transferable right to use the Website as intended under these Terms of Use.

5.4          It is expressly not allowed to download, copy, change, publish, distribute or otherwise make available any parts of the Website, any third party content, files, data, programs and/or materials, or to use them for direct or indirect commercial purposes or to use them for any other purpose than the purposes as intended under these Terms of Use unless Alawar Media has given its explicit, written consent. This does not apply to Content which you made lawfully public yourself.

5.5          It is not allowed to remove, make illegible, hide or change notifications with regard to IP-Rights.

5.6          Nothing in these Terms of Use is meant to assign any IP-Rights to you. You shall not perform any acts that may infringe upon the IP-Rights of Alawar Media such as registering domain names or trademarks that are similar or identical to any object of which Alawar Media has the IP-Rights.

Clause 6                 Privacy

6.1           During your use of the Website or the Software, you may supply Alawar Media with personal data and/or Alawar Media may collect personal data. These personal data will be saved and processed according to the Alawar Media Privacy Statement (shpaga-games.com/privacy-policy/) and all applicable legislation and regulations.

Clause 7                 Liability and guarantees

7.1           You accept and agree that the Website and the Software, including al content thereof, are provided on an “as is” and “as available” basis. Alawar Media excludes any explicit and tacit guarantees, undertakings and warranties of any nature whatsoever including, but not limited to, guarantees, undertakings and warranties with regard to the quality, safety, lawfulness, integrity or accuracy of the Website and the Software.

7.2          Alawar Media does not guarantee that the Website will be accessible at all times and without any interruptions or failures, for instance as a result of failures in the internet or phone connection, by viruses, faults/defects or caused by third parties whom Alawar Media uses in rendering its Website. Alawar Media is not liable or obliged to you to pay compensation in any way whatsoever for any damage resulting or arising from the Website being  unavailable or broken down (temporarily or permanently).

7.3          The Website may contain references to specific Software or Alawar Media products that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

7.4          Any and all liability of Alawar Media, whether based upon attributable failure, tort or otherwise, is fully excluded, including for, but not limited to, damages resulting from or in connection with the use of the Website or the impossibility of using it or pursuant to an unlawful act or otherwise, insofar as such exclusion is allowed.

7.5          Your only remedy for allegedly suffered damages is to discontinue the use of the Website.

7.6          To the extent that Alawar Media may, despite of the above, still be liable for any damages, it shall only be liable for compensation of direct damages. Direct damages are understood exclusively to mean material damages to property, reasonable costs incurred to prevent or limit direct damages and reasonable costs incurred to determine the cause of the direct damages, the liability and the method of repair. In no event shall Alawar Media or any of its affiliates be liable for any indirect damages, such as but not limited to, damages for loss of business, profit, contract, data or information.

7.7          If and to the extent that Alawar Media may be liable for damages of whatever nature, its liability is in any event limited to an amount of € 1,000(one thousand euros).

7.8          You guarantee to Alawar Media that you are entitled to make use of the Website in the manner as contemplated in these Terms of Use.

7.9          Alawar Media does not bear any responsibility nor assumes any risks if by any reason the Website or the Software breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.

Clause 8                Indemnification

8.1          You fully indemnify and hold harmless Alawar Media against any and all claims by third parties based on the allegation that any activities performed by you in using the Website, such as the making available of Content, are in any way unlawful. This includes, without limitation, any activities that are in violation of Clauses 2.1 and 3.1 hereof or that constitute an infringement on any IP-Rights.

8.2          You fully indemnify and hold harmless Alawar Media against all claims by third parties on any ground whatsoever with regard to compensation for losses, costs or interests in connection with or resulting from your use of the Website and/or a violation of these Terms of Use and/or any rights of third parties.

Clause 9                 Notice of Alleged Illegal Content

9.1           If you believe that any Content or other information on the Website is unlawful in any manner, please provide Alawar Media the written information specified below (a “Notice”) via privacy@shpaga-games.com.

9.1.1      A description of the illegal information and a substantiation of the unlawfulness;

9.1.2     A description of where the material that you claim is unlawful is located on the Website;

9.1.3     Your address, telephone number, and e-mail address;

9.1.4     A statement by you that you have a good-faith belief that the information is unlawful;

9.1.5     A statement by you that the above information in your notice is accurate.

9.2          Alawar Media is not liable for any damage whatsoever, either direct or indirect, suffered or caused by any unlawful use of the Website. Alawar Media can only be held to remove or make unavailable any unmistakably unlawful Content or to discontinue any unlawful activities, after it has received a Notice.

9.3          Alawar Media reserves the right not to grant a request for removing any content or halting an activity if it has good reason to doubt the accuracy of the Notice or the lawfulness of the evidence supplied or if a balance of interests requires Alawar Media not to grant such a request. In that context Alawar Media may for instance require a ruling by a competent court demonstrating that the relevant Content is unmistakably unlawful.

9.4          Alawar Media will in no way whatsoever be a party to any dispute between you and any third party who submits a Notice.

9.5          If you submit a Notice, you indemnify Alawar Media and all its affiliated enterprises as well as its board of directors, managers, employees, representatives and successors in title against any claim by third parties in connection with the blocking or removal of content. This indemnity also relates to all damages and costs that Alawar Media may incur in connection to such claim, including but not limited to, compensation for costs of legal assistance.

9.6          Alawar Media respects and protects the privacy of third parties who submit Notices. All information disclosed to it in the context of a Notice will always be treated in confidence and will only be used for purposes of dealing with the Notice.

Clause 10             Contact

10.1       For any general queries, Alawar Media can be contacted via the following contact details:

51, rue de Strasbourg, L-2561 Luxembourg

privacy@shpaga-games.com

Clause 11               Miscellaneous, Applicable Law and Competent Court

11.1        These Terms of Use and the use of the Website are governed by and construed in accordance with the laws of Luxembourg.

11.2        All disputes resulting from or arising out of these Terms of Use or your use of the Website shall exclusively be submitted to the competent court in Luxembourg, unless mandatory law provides otherwise.

11.3        These Terms of Use include all the arrangements that you and Alawar Media have made in this respect. They replace all previous arrangements and agreements that you has made or concluded with Alawar Media in this respect. Verbal communications, undertakings or arrangements have no legal force unless they have been confirmed in writing.

11.4        Alawar Media is allowed to assign any rights and obligations resulting from these Terms of Use to third parties and will inform you of this. If you do not accept such an assignment, your only remedy is to no longer use the Website.

11.5        Notwithstanding any legislative or legal obligations applicable to Alawar Media, in relation to you Alawar Media will not be obliged to keep any archived agreement accessible.

11.6        If these Terms of Use are or become partly invalid, you remain bound by the remaining part. Alawar Media will replace the invalid part by clauses which will be valid and of which the legal consequences – considering the conditions and purpose of these Terms of Use – correspond as much as possible with those of the invalid part.

11.7        Alawar Media is entitled to amend, update or supplement these Terms of Use at any time. Any amended, updated or supplemented Terms of Use can be found on the Websites.

11.8       By using the Website after these Terms of Use have been amended or updated, you irrevocably accept the new Terms of Use. If you do not agree with any amendments, updates or supplements, your only remedy is to no longer use the Website. Alawar Media therefore recommends that you regularly consult the Terms of Use.