Clause 1 Your Use of the Website
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.
2.4 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.
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.
5.5 It is not allowed to remove, make illegible, hide or change notifications with regard to 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).
7.9 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.
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 firstname.lastname@example.org.
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
Clause 11 Miscellaneous, Applicable Law and Competent Court
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.