Effective
date: 23.5.2022
The
following terms of service and end user license agreement (“EULA”)
constitutes the entire agreement between you as an End-User and Intya, s.r.o.,
a Czech republic limited liability company, located at (having a seat at) St. Eliášova 921, 160 00 Praha 6-Bubeneč, Czechia and its affiliates (“INTYA”).
This EULA governs your use of Software and Services (as specified below). Use
of the INTYA Service (as specified below) is also governed by INTYA´s
Privacy Policy, which is incorporated herein by reference - posted on the INTYA
portal site https://supersonicsnail.com/privacy-policy.php End-User is the individual using the INTYA
Services, contents of this term/definition of which is listed in “Definitions”
of INTYA´s Privacy Policy (in the text of EULA
just “you” or „ End-User “).
For
purposes of this EULA "Software" means all software programs
distributed, published or otherwise made available by INTYA including
but not limited to games accessed by means of a browser or other online
communication method and downloadable/installable games for personal computers,
mobile and other devices, especially including but not limited to the INTYA´s
online or offline games (each of them individually "GAME” or “App”
or together “GAMES" or “Apps”) offered for example on the INTYA
portal site https://supersonicsnail.com/privacy-policy.php ("PORTAL"). Software also
includes updates and upgrades as well as accompanying manual(s), packaging and
other written files, electronic or on-line materials or documentation, and any
and all copies of such software and its materials.
“Services” means all services made available
by INTYA, including but not limited to INTYA branded websites,
services accessed through mobile games, services accessed by means of a browser
or by other online communication method.
Software
and Services are collectively referred to as “ INTYA Service” or “INTYA
Services”.
The
INTYA Service is licensed, not sold. Your use of the INTYA Service
(as specified below) is subject to the terms and conditions seth forth in this
EULA. Before accessing or using the INTYA Service, including browsing
any INTYA website or accessing a GAME, you must agree to this EULA and
the INTYA´s Privacy Policy (i.e. you are obligated to conclude this EULA
with INTYA). You may also be required to register an account on the INTYA
Service (“Account”). By registering for an Account or otherwise using
the INTYA Service, you confirm and represent that you are age 18 or
older and that you are acquainted with this
EULA and that you understand and agree to this EULA. If you are age under 18,
you confirm and represent that your legal guardian is acquainted with and
understands this EULA and has agreed to this EULA. If you access the INTYA
Service from a Social Networking Site (“SNS”) - such as Facebook, or
Google+, or from any application platforms such as Apple’s Appstore (iTunes),
Google Play (Android), Steam and Windows Phonestore (“Application Platform”)
you shall comply with its terms of service/use as well as this EULA [for
purposes of this EULA Social Networking Site/SNS or Application Platform means
the specific SNS or Application Platform and/or the operator of the specific
SNS or Application Platform also]. By accepting this EULA, registering
to, installing, using or otherwise accessing the INTYA Services or any
materials included in or with the INTYA services, you confirm and
declare that you have become prior acquainted with and you understand this EULA
and that you accept and agree to the terms of this EULA and the INTYA´s Privacy Policy, and therefore this EULA, i.e. every
single Acquirement of license to every relevant GAME/ INTYA Service by
the End-User, is considered to be concluded between INTYA and the
End-User at this moment. If you do not agree to this EULA (if you do not accept
the terms of this EULA and the INTYA´s Privacy
Policy), please do not accept, register to, install, use or otherwise access
the INTYA Services. Use of the INTYA Services is void where
prohibited.
For
purposes of this EULA the INTYA Service is considered as completely
delivered to the End-User
a)
at the moment of completion of downloading/installing the Software/ INTYA
Service by the End-User to the specific device, or
b)
at the moment of enable of access to the Software/ INTYA Service for the
End-User by online communication method, or
c)
at the moment of enable of use of the INTYA Service by the End-User,
so
for purposes of this EULA under “Complete delivery of the INTYA Service to
the End-User” is understood any of the moment listed in letter a), b) or c)
of this section of this EULA.
This
EULA is according to the relevant applicable law found as a distance contract,
i.e. as a contract negotiated and concluded between the INTYA (seller) and the
End-User (consumer) exclusively by means of distance communication tool without
the simultaneous physical presence of the seller and the consumer using the
website, or more precisely as a contract for the provision of the electronical
contents (GAME/App) which is not supplied on a tangible medium (a contract the
subject of which is the provision of a particular service – INTYA Service).
The
consumer is in general according to the relevant applicable law entitled to
withdraw from a distance contract or more precisely from a contract for the
provision of the electronical contents which is not supplied on a tangible
medium. The withdrawal period is in general 14 calendar days. The consumer is
entitled to use this right to withdraw from a contract also without any reason
prior to the expiration of the withdrawal period, i.e. within 14 calendar days
from the date of conclusion of a contract for the provision of the electronical
contents which is not supplied on a tangible medium, whereby the deadline for
withdrawal shall be deemed observed if the notice of withdrawal has been sent
to the seller no later than on the last date of the withdrawal period. As
regards the procedure for exercising the right of withdrawal, the consumer may
exercise the right of withdrawal towards the seller in paper form or in the
form of minutes on another durable medium (e.g. electronically through the
e-mail address, etc.) which contains any clearly worded statement of the
consumer expressing his desire to withdraw from a contract.
In
this case the consumer/End-User is not entitled to withdraw from a
contract/from this EULA (inclusive In-app purchase within this EULA in event
that the consumer/End-User will use of the possibility of In-app purchase).
According
to the relevant applicable law, the consumer/End-User cannot/is not entitled to
withdraw from a contract/from this EULA (inclusive In-app purchase within this
EULA in event that the consumer/End-User will use of the possibility of In-app
purchase) the subject of which is the provision of electronical contents
(GAME/App or Credit package/Premium item) other way than on a tangible medium
if the performance (provision of electronical contents) has commenced with the
express consent of the consumer/End-User and the consumer/End-User declared
that he was duly instructed that he loses his right of withdrawal by this
express consent.
INTYA hereby informs/instructs you as an
End-User and you as an End-User acknowledge that you lose the right to withdraw
from a contract/from this EULA by granting of consent to commence the provision
of electronical contents under this EULA (by granting of consent to Complete
delivery of the INTYA Service to the End-User) prior to the expiration
of the withdrawal period from a contract/from this EULA; (this information
given by INTYA /instruction of you as an End-User shall apply
accordingly to In-app purchase within this EULA in event that you as an
End-User will use of the possibility of In-app purchase).
You
as an End-User hereby grant the express consent to commence the provision of
electronical contents under this EULA (grant the express consent to Complete
delivery of the INTYA Service to the End-User) prior to the expiration
of the withdrawal period from a contract/from this EULA and you as an End-User
hereby simultaneously declare that you have been duly instructed about the loss
of the right to withdraw from a contract/from this EULA by granting the express
consent above; (this express consent of you as an End-User and this declaration
of you as an End-User shall apply accordingly to In-app purchase within this
EULA in event that you as an End-User will use of the possibility of In-app
purchase).
This
EULA represents the complete agreement concerning this license between the
parties (you as an End-User and INTYA) and supersedes all prior
agreements and representations between them. INTYA reserves the right,
in regard of the change of relevant legal regulations, the change of market
situation, the change of its business policy or at its own discretion,
unilaterally to change, modify, cancel, add or remove parts of this EULA (or
the EULA of any GAME) at any time without a prior notice by posting the updated/amended
EULA including the day of its effectiveness (Effective date) on or within the INTYA
Services (including but not limited on PORTAL or in any of the GAMES), such
changes will be valid and effective as of the moment of posting on or within
the INTYA Services. You (as an End-User) are responsible to be
acquainted with the latest version of EULA. You will be deemed to have accepted
such changes by continuing to use the INTYA Services. If at any point
you do not agree to any part of the then-current version of our (this) EULA or
any other INTYA policy, rules or codes of conduct relating to your use
of the INTYA Service, your license to use the INTYA Service shall
immediately terminate, and you must immediately stop using the INTYA Service.
INTYA hereby grants to the legitimate
acquirer of a license to INTYA Services (you as an End-User) a usage
right for the INTYA Services. This license is personal. The INTYA
Services may be used only on the device that the End-User owns or controls and
onto which the INTYA Services were downloaded and installed or on the
device that the End-User owns or controls and through which the End-User
accesses or uses the INTYA Services by means of a browser or by other online
communication method.
The
purpose of the INTYA Services is to provide a game, while users are of
course free to use the INTYA Services (including but not limited to the INTYA
´s online or offline games – Tiny Toony Zombies, Chicken vs Eggs and others.)
for any purpose within the boundaries of the terms and conditions of this EULA
and the aplicable law.
INTYA grants to you as an End-User a
limited, non-exclusive, non-transferable, revocable license to access the INTYA
Services for your (End-User’s) own personal, non-commercial entertainment
use/purposes only. By accepting this EULA an End-User agrees not to use any of
the INTYA Services for any other purpose as mentioned herein. INTYA
reserves all rights not expressly granted to you as an End-User in this EULA.
If you as an End-User violates any of the terms of this EULA, INTYA reserves
the right to terminate your (End-User’s) license without notice.
It is not permitted:
·
to decompile or reverse engineer the source code of the GAME/ INTYA Services,
except to the extent permitted by mandatory law;
·
to supply copies of the GAME/ INTYA Services or any part of the GAME/
INTYA Services to third parties;
·
to sublicense the any of the GAME/ INTYA Services or to make the
GAME/ INTYA Services available to third parties, by rental,
Software-as-a-Service constructs or otherwise;
·
to modify the GAME/ INTYA Services, except to the extent permitted
by mandatory law;
·
to remove or make unreadable notices of INTYA as the copyright
holder of the GAME/ INTYA Services.
The
delivery or use of GAME/ INTYA Services does not transfer to you as an
End-User any commercial or promotional use rights in the GAME/ INTYA Services.
Any burning or exporting capabilities are solely an accommodation to you as an
End-User and shall not constitute a grant, waiver, or other limitation of any
rights of the copyright owners to any content embodied in any GAME/ INTYA
Services.
In
addition to the terms and conditions of this EULA, Application Platforms or SNS
may set terms for the acquisition and use of the INTYA Services
(including but not limited to Usage Rules of the GAMES), making of In-app
purchases and related matters. To find out more, see the terms of use and
privacy statement of Application Platforms or SNS and other terms and
conditions identified on the website of this third party.
All
rights to the GAMES/ INTYA Services, accompanying documentation and all
modifications and extensions thereto rest and remain with INTYA. You
only acquire those rights and permissions that follow from this EULA or those
that are granted separately in writing. You may not use, copy or publish the
GAMES/ INTYA Services except as permitted.
All the content or
material available in/from the GAMES/ INTYA Services including but not limited to any
software, any games, titles, concepts, art elements, animations, video, images,
music, sounds, themes, objects, characters including names and profile
information, stories, communication, in-game chat transcripts, text, code,
methods of operation, moral rights, documentation, recordings of games played
using a INTYA game
client, the INTYA game clients,
game play mechanics and any marketing materials online or printed ("Content"), is/are the intellectual property
owned by INTYA. Unless otherwise specified in writing, all Content is
owned, controlled, or licensed by INTYA. All Content is copyrighted under the Czech
Republic copyright laws and/or similar laws of other jurisdictions, protecting
it from unauthorized use. Reproduction, saving, collecting and/or sharing of
the Content with third parties is considered copyright infringement and a
violation of the legal regulations of the Czech Republic and/or similar laws of
other relevant jurisdictions. INTYA, its logos, and the GAMES' logos are
trademarks of INTYA and may not be used without INTYA´s express
written permission.
INTYA and you as an End-User acknowledge
that, in the event of any third party claim that the GAMES/ INTYA Services
or the End-User’s possession and use of the GAMES/ INTYA Services
infringes that third party’s intellectual property rights, INTYA is
responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim.
The
use of the INTYA Services is governed by certain rules stated in this
EULA. The following rules are not meant to be exhaustive and INTYA reserves
the right to decide at its discretion whether the conduct of the End-User is in
conflict with this EULA. If INTYA decides that the conduct of the
End-User is in conflict with the rules stated by this EULA, INTYA is
entitled to decide at its discretion about the disciplinary sanction including
but not limited to (particularly but not exclusively) suspension, termination
or deletion of your (End-User’s) Account.
It
is not permitted:
·
to offend or insult other users of the INTYA Services in the
communication among other users of the INTYA Services and on public
forums;
·
to promote violence, fascism, racism or other ideologies or movements which
suppress human rights and freedom in any form or are in conflict with the legal
regulations of the Czech Republic;
·
to transmit or post any Content or expression/statement which at INTYA´s
sole and absolute discretion is deemed to be offensive, including but not
limited to Content or expression/statement that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually
explicit, or racially, ethnically or otherwise objectionable, nor may you use a
misspelling or an alternative spelling to circumvent the Content and
expression/statement restrictions listed above;
·
to decompile, modify, reverse, engineer, or otherwise reproduce any part of
the GAMES/ INTYA Services;
·
to use cheats, automation software, hacks or any other unauthorized
third-party software designed to modify any of the GAMES/ INTYA Services;
·
to use any unauthorized third-party software designed to intercept, mine,
or otherwise collect information from or through any of the GAMES/ INTYA
Services or PORTAL;
·
to obtain (or attempt to obtain) passwords or other private information
from other users of the INTYA Services;
·
to misuse support channels or to make false reports to INTYA;
·
to exploit, distribute or inform other users of the INTYA Services
of any GAMES/ INTYA Services error or bug which gives an unintended
advantage.
“User Content” means any communications, images,
sounds, and all the material, data, and information that you as an End-User
upload (if the GAMES/ INTYA Services allows such a possibility) or
transmit through a INTYA game client or the INTYA Service/s, or
that other users of the INTYA Services upload
(if the GAMES/ INTYA Services allows such a possibility) or transmit,
including without limitation any chat text. By transmitting or submitting any
User Content while using the INTYA Service, you as a End-User affirm,
represent and warrant that such transmission or submission is:
·
accurate and not confidential;
·
not in violation of any laws, contractual restrictions or other third party
rights, and that you have permission from any third party whose personal data
or intellectual property is comprised in the User Content;
·
free of viruses, adware, spyware, worms or other malicious code;
and you acknowledge and agree that any of your personal data within such
content will at all times be processed by INTYA in accordance with its
Privacy Policy.
INTYA
reserves the right at its sole discretion to review, monitor, prohibit, edit,
delete, disable access to or otherwise make unavailable any User Content
(including without limitation your User Content) without notice for any reason
or for no reason at any time.
INTYA
assumes no responsibility for the conduct of any End-Users of the INTYA Services
submitting any User Content, and assumes no responsibility for monitoring the INTYA
Services for inappropriate content (User Content) or conduct. INTYA does
not, and cannot, pre-screen or monitor all User Content. Your use of the INTYA
Services is at your own risk. By using the INTYA Services, you may be
exposed to User Content that is offensive, indecent or otherwise not in line
with your expectations. You bear all risks associated with the use of any User
Content available in connection with the INTYA Services. At INTYA´s
discretion, INTYA´s representatives or technology may monitor and/or
record your interaction with the INTYA Services or communications
including without limitation chat text when you are using the INTYA Services.
By accepting the terms of this EULA you as an End-User hereby provide your
irrevocable consent to such monitoring and recording. You as an End-User
acknowledge and agree that you have no expectation of privacy concerning the
transmission of any User Content, including without limitation chat text or
voice communications. If at any time INTYA chooses at its sole discretion
to monitor the INTYA Services, INTYA nonetheless assumes no
responsibility for User Content and assumes no obligation to modify or remove
any inappropriate User Content. INTYA has the right but not the
obligation, at INTYA´s sole discretion, to edit, refuse to post, or
remove any User Content.
The
INTYA Services may include various forums, blogs and chat features where
you as an End-User can post User Content, including your observations and
comments on designated topics. INTYA cannot guarantee that other users
of the relevant INTYA Services will not use the ideas and information
that you share. Therefore, if you have an idea or information that you would
like to keep confidential and/or don’t want others to use, do not post it on
the INTYA Services. INTYA shall have no responsibility to
evaluate, use or compensate you for any ideas or information you may choose to
submit.
You
(as an End-User) are solely responsible for the information that you post on
through or in connection with the INTYA Services and that you provide to
others. INTYA may reject, refuse to post or delete any User Content for
any or no reason, including, but not limited to, User Content that at own
discretion of INTYA violates this EULA.
You
as an End-User hereby grant to INTYA an irrevocable, permanent,
transferable, fully paid-up, royalty-free, worldwide license (including the
right to sublicense and assign to third party) and right to copy, reproduce,
fix, adapt, modify, create derivative works, 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, to your User
Content as well as all modified and derivative works thereof in connection with
INTYA´s provision of the INTYA Services, including marketing and
promotions of the INTYA Services. You also hereby grant to INTYA the
right to authorize others to exercise any of the rights granted to INTYA
under this INTYA. You further hereby grant to INTYA the
unconditional, irrevocable right to use and exploit any information or material
included in any User Content and in connection with any User Content, without
any obligation to you. Except as prohibited by law, you waive any rights of
attribution and/or any moral rights you may have in your User Content,
regardless of whether your User Content is altered or changed in any manner. INTYA
does not claim any ownership rights in your User Content and nothing in this
EULA is intended to restrict any rights that you may have to use and exploit
your User Content. INTYA has no obligation to monitor or enforce your
intellectual property rights in or to your User Content.
You
(as an End-User) are solely responsible for your interactions with other users
of the INTYA Services and any other parties with whom you interact
through the INTYA Services and/or INTYA´s GAMES. INTYA reserves
the right, but has no obligation, to become involved in any way with these
disputes. You will fully cooperate with INTYA to investigate any
suspected unlawful, fraudulent or improper activity, including without
limitation granting INTYA access to any password-protected parts of your
Account and for this purpose you grant to INTYA your consent to access
the parts of your Account protected by password.
If
you have a dispute with one or more users of the INTYA Services, you
release INTYA (and INTYA´s officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes, according to the applicable
law.
INTYA grants to you as an End-User a
limited, personal, non-exclusive, non-transferable, non-sublicensable and
revocable license to access the GAME/ INTYA Service for your
(End-User’s) own personal, non-commercial entertainment use/purposes only –
i.e. the usage right to the GAME/ INTYA Service or the right to use the
GAME/ INTYA Service, in the Scope of license under this EULA at
no charge (“Acquirement of license“)
Purchase
within the GAME/Application/ INTYA service (i.e.
„In-app purchase“)
In-app
purchase is the one-time acquisition within the GAME/App/ INTYA service.
To avoid any doubts you acknowledge and agree that In-app purchase is optional
possibility within the GAME/App/ INTYA service for you as an End-User
and therefore there is no obligation for you as an End-User to realize the
In-app purchase; the GAME/App/ INTYA service is fully functional also
without the execution of the In-app purchase. The App/GAME allows you to buy
credit (“Credit”) and/or virtual object (“Premium
item“) through the In-app purchase within the context of the App/GAME. You
as an End-User hereby expressly confirm and declare that prior accepting this
EULA, registering to, installing, using or otherwise accessing the INTYA
Services or any materials included in or with the INTYA services, you
have become acquainted with the fact that the execution of the In-app purchase
in accordance with this EULA includes the obligation to pay a fee/purchase
price for the In-app purchase – purchase price for the particular Credit
package or purchase price for the particular Premium item. Credit/s or Credit/s
can be used elsewhere in the App/GAME in which this Credit /s was/were
purchased. Credit/s mean/s in-game currency and may have the purpose to extend
the functionality of the App/GAME. You can buy the Credit/s through the In-app
purchase in the form of different kinds of Credit packages which differs by
number or value of individual Credits in the relevant Credit package offered in
each indiviadual GAME, whereby the purchase price of the relevant Credit
packages including the relevant value added tax and any other
relevant applicable taxes related to this In-app purchase is specified in each
individual GAME separately. Premium item means virtual object within the
context of the GAME, which purpose is to extend the functionality of the GAME,
which you can buy directly, i.e. withou using the Credits. You can buy specific
Premium item through the In-app purchase in each indiviadual App/GAME in which
it is offered, whereby the purchase price of specific Premium item including the relevant value added tax and any other
relevant applicable taxes related to this In-app purchase is specified in each
individual GAME separately. Whereas the costs and fees of third parties related
to the execution of the In-app purchase cannot be determined in advance, the
costs and fees of Application Platform, SNS or of the payment system operated
by Application Platform, SNS or PORTAL including for example any of the
underlying payment systems of credit card processors may be included/counted in
the total amount of fee/purchase price for the In-app purchase (purchase price
for the particular Credit package or purchase price for the particular Premium
item).
You
as an End-User are obliged to pay (and you agree with the payment of) the total
amount of fee/purchase price for the In-app purchase (purchase price for the
particular Credit package or purchase price for the particular Premium item)
prior to the Complete delivery of the INTYA Service purchased through an
In-app purchase (Credit package/Premium item) to the End-User. Realization of
such In-app purchase depends on the payment system operated by Application
Platform, SNS or PORTAL, including the underlying payment systems from e.g.
credit card processors; respective operated payment systems are specified in
each individual GAME/ INTYA Serice separately. INTYA is only
required to effectuate an In-app purchase (to deliver/provide the usage right
to the Credit package/Premium item or the right to use the Credit
package/Premium item according to the conditions included in this EULA by means
of In-app purchase to the End-User) when (without undue delay after) the
relevant payment system has confirmed payment of the End-User for the In-app
purchase, i.e. for the purchase of the Credit package/s or Premium item/s, in
the whole/total amount of purchase price for the particular Credit package or
purchase price for the particular Premium item. You as an End-User agree with
sending of electronic invoice after the payment of the purchase price for the In-app purchase (purchase price for
the particular Credit package or purchase price for the particular Premium
item) is completed/made by the End-User to INTYA. You as
an End-User are not entitled to withdraw from the In-app purchase. According to the relevant applicable law, you as an
End-User are not entitled to withdraw from the In-app purchase the subject of
which is the provision of electronical contents (Credit package/Premium item)
other way than on a tangible medium if the performance (provision of
electronical contents) has commenced with the express consent of you as an
End-User and you as an End-User declared that you was duly instructed that you
lose your right of withdrawal by this express consent. In relation to In-app purchase, INTYA hereby
informs/instructs you as an End-User and you as an End-User acknowledge that
you lose the right to withdraw from the In-app purchase by granting of consent
to commence the provision of electronical contents based on the In-app purchase
or by granting of consent to Complete delivery of the INTYA Service purchased through an In-app purchase (Credit
package/Premium item ) to the End-User prior to the expiration of the
withdrawal period from the In-app purchase. You as an End-User hereby grant the
express consent that the INTYA Service purchased through an In-app
purchase (Credit package/Premium item) is/was delivered to you completely prior
to the expiration of the withdrawal period from the In-app purchase and you as
an End-User hereby simultaneously declare that you have been duly instructed
about the loss of the right to withdraw from the In-app purchase by granting
the express consent above.
You as an End-User
acknowledge and agree that the license to access the Credit/s or Credit
package/s or Premium item/s (the
usage right to the Credit/s or Credit package/s or Premium item/s) acquired through an In-app purchase is
transferred/passes from INTYA onto
the End-User at the moment when the payment of the whole amount of the purchase
price for a specific In-app purchase, i.e. a purchase price for the purchase of
a specific Credit package /s or Premium item/s, is completed/made by the
End-User to INTYA and
therefore unless the payment of the whole amount of the purchase price
for a particular In-app purchase, i.e. for the purchase of specific Credit
package/s or Premium item/s, is completed/made by the End-User to INTYA, the End-User is not authorized to use/exploit Credit/s
or Premium item/s within the GAME, otherwise is the End-User responsible to INTYA for
damages caused directly or indirectly resulting from unauthorized
use/exploitation of Credit/s or Premium item/s. If you do not pay the relevant purchase price for the purchase
of Credit/s or Credit package/s or for the purchase of Premium item/s, please
do not use the free of charge acquired license to access the Credit/s or Credit
package/s or Premium item/s (the usage right to the Credit/s or Credit
package/s or Premium item/s) in the GAME/GAMES as it is prohibited. Use of
Credit/s or Premium item/s in the GAME/GAMES is void where prohibited. If you
as an End-User violates the obligation provided above in the first
and the second sentence of this section, i.e. the obligation not to use free of
charge acquired license to access the Credit/s or Premium item/s (the usage
right to the Credit/s or Credit package/s or Premium item/s) in the GAME/GAMES
in case you have not paid the relevant purchase price for Credit/s or Credit
package/s or for Premium item/s, INTYA reserves
the right to decide at its discretion about the disciplinary sanction including but not limited
to the abolition/deletion of benefits (extension
of the functionality of App/GAME) obtained/acquired in the GAME/App using the
license to access the Credit/s or Credit package/s acquired illegally as it is
mentioned above, or the abolition/deletion of license to access the Credit/s or
Credit package/s or Premium item/s (the usage right to the Credit/s or Credit package/s
or Premium item/s) acquired illegally as it is mentioned above, or the
suspension, termination or deletion of your (End-User’s) Account without notice. The provisions of this section
shall not apply to the use/exploitation of Credits or Premium items in the
GAME/GAMES by the End-User in case that Credit package/s or Premium item/s
was/were obtained by the End-User as a reward in the GAME.
To avoid any doubts
you as an End-User acknowledge and agree that all In-app purchases, i.e. every
single In-app purchase of every relevant Credit package or every relevant
Premium item, are final and non-refundable with the exceptions provided in the
following section of this EULA „Refund Policy of Credit package´s purchase
price“, i.e. the refund of the purchase price paid for the In-app purchase by
the End-User is not possible under this EULA, and therefore regardless of any
circumstances INTYA is not
obliged to return to the End-User the purchase price paid for the In-app
purchase.
To avoid any doubts you as an End-User acknowledge and agree to pay all
duties – every single purchase price for the In-app purchase according to this
EULA and associated tax if applicable (if the obligation to pay the relevant
tax arises from the governing laws) incurred by you or anyone using an Account
registered to you.
INTYA may revise
the amount of purchase price for every single In-app purchase offered through
the GAMES/ INTYA Services
at any time.
Irrespective
of the cessation of the right to withdraw from the In-app purchase the purchase
price of unused Credit package can be refunded to the End-User, however never
for a higher amount than the original value of the Credit package (the
value/purchase price of the Credit package which was paid by you as an End-User
to INTYA) . The amount purchase price of the Credit package to be
refunded by INTYA is paid in the same currency as originally used to acquire
the license to access the Credit package.
INTYA refunds the purchase price of the
Credit package/s as stated in this EULA only if the following 2 (two)
conditions are fullfiled:
·
the license to access the Credit package/s was purchased/paid in the GAMES
offered on PORTAL;
·
INTYA was notified by
contacting the support center via e-mail at supersonicsnailstudio@gmail.com about the request for refund
the purchase price of the Credit package within 30 days following the day when
the payment of the purchase price for Credit package/s is paid by the End-User to INTYA (i.e. not later than on the 30th day
following the day of realization of such In-app purchase) ("Notification").
INTYA refunds only the whole price of the Credit package/s and only if none
of the Credits from Credit package/s was/were used for purchase of any items or
features of the GAME.
INTYA will make (effectuate) a payment of a refund to the End-User’s
account under the observance of above mentioned conditions within 30 days after
Notificaton.
INTYA will not refund the value of the Credit package/s as stated in this
EULA:
·
if an End-User intends to terminate using any of the GAMES and has a
remaining amount of Credits on his/her Account; or
·
if any of the Credits from the Credit package has been used to buy the
items or features of the GAME; or
·
if the 30 days period following the day when the Credit package/s was/were
purchased by you as the End-User has expired; or
·
if the Credit/s or Credit package/s have been received as an in-game reward.
To avoid any doubts you acknowledge and agree that this section of EULA
“Refund Policy of Credit package´s purchase price”
does not apply to Premium item´s purchase price, i.e. the refund of the
purchase price paid for the Premium item/s is not possible according to this
EULA.
The
GAMES/ INTYA Services process your personal data. For more information consult
the INTYA´s Privacy Policy that can be found at https://supersonicsnail.com/privacy-policy.php .
INTYA
periodically releases updates that may fix bugs or improve the functioning of
the GAMES/INTYA Services.
Available
updates may be notified to you through notifications provided by Application
Platforms, SNS or PORTAL, but it is your responsibility to monitor these
notifications. Updates are applied similarly through these Application
Platform, SNS or PORTAL, which requires an active internet connection.
Installing
updates may require your separate consent. A proper application of updates
requires the availability and good functioning of Application Platform and/or SNS,
over which INTYA has no control. INTYA is not responsible or liable
for an incorrect execution of updates. No liability exists for any damage as a
result of bugs fixed in an update you did not install.
You
as an End-User are solely responsible for installing and activating the GAMES/
INTYA Services and the accompanying web service. It is your responsibility not
to lose, destroy, or damage GAMES/ INTYA Services once downloaded/installed.
INTYA
service/GAME is fully functional inclusive all of its features and characteristics
at the moment of Complete delivery of the INTYA Service/GAME to you as an
End-User pursuant to this EULA. INTYA making its best effort to ensure full
functionality of the INTYA Service/GAME inclusive all of its features and
characteristics and that the INTYA Service/GAME is provided to the End-User in
required scope and quality.
You
as an End-User can verify compatibility or obtain information about the
compatibility of electronical contents provided under this EULA with your
hardware and software on the website https://supersonicsnail.com/privacy-policy.php.
INTYA
is solely responsible for providing any maintenance and support services with
respect to the GAMES/ INTYA Services as specified in this EULA or as required
under applicable law. INTYA shall offer a reasonable level of support through
the website (PORTAL) and due to the special nature of the INTYA Service/GAME
provided pursuant to this EULA INTYA recommends the End-User in case of
problems, any questions, complaints or claims with respect to the GAMES/ INTYA Services or with respect to the application procedure and
processing of reclamations, complaints and suggestions to contact customer
support of INTYA at the e-mail supersonicsnailstudio@gmail.com . INTYA however makes no guarantees that any problems or
requests raised by you shall actually be addressed.
In
case of breach of warranties specified in the following section of this EULA
"Warranties and Limitation of Liability" the End-User is entitled to
claim (i) the correction of defect/error of the INTYA Service/GAME provided
pursuant to this EULA duly and in due time at no charge and INTYA is obliged to
correct the defect/error without undue delay at no charge or (ii) the delivery
of the INTYA Service/GAME provided pursuant to this EULA without defect/error
free.
You
as an End-User can apply the right (file a claim) for defects liability by
sending the email to the e-mail address: supersonicsnailstudio@gmail.com . INTYA is obliged to settle the
claim/reclamation within 30 days from the date of its application.
The
conditions and procedures for handling reclamations shall apply accordingly to
the End-User´s suggestions and complaints.
INTYA
declares that INTYA Service/GAME provided pursuant to this EULA (i) is in principle
inclusive of such features and characteristics as mentioned in particular INTYA
Service/GAME including updates and also inclusive of such features and
characteristics which result from the purpose for which it is provided or for
which it usually used to be provided (i.e. that it has no defects/errors that
would impede the purpose of its use), (ii) is provided to the End-User in
required scope and quality, (iii) is within the requirements of the relevant
applicable law and has no legal defects.
An
End-User is aware and agrees that use of the GAMES/ INTYA Services is at
his/her sole risk. INTYA does not hold legal responsibility over the End-User's
Accounts , their loss or deletion. It is your (End-User´s) responsibility not
to lose, destroy, or damage GAMES/ INTYA Services once downloaded/installed.
Due
to the specific nature of the INTYA Service/GAME provided pursuant to this
EULA, INTYA makes no warranty or declaration that the functions contained in
the INTYA Service/GAME provided pursuant to this EULA will satisfy the
requirements of the End-User or that its operation will be uninterrupted or
error free. INTYA is not responsible for malfunctioning or inapplicability of
the INTYA Service/GAME provided pursuant to this EULA due to improper use or a
combination of the impact of technical equipment, software or malicious
programs.
Without
limiting INTYA´s liability stated in this section below, the GAMES/ INTYA Services
are provided on an “AS IS” and “AS AVAILABLE” basis for your use, without warranties
of any kind, expressed or implied, including but not limited to the warranties
of merchantability, fitness for a particular purpose, title, non-infringement,
and those arising from course of dealing or usage of trade.
INTYA
and any of its contractors or licensors shall not be held liable for any
incidental, indirect, special, consequential or any other damages arising out
of or in any way related to the accessability, use or inability to use the
GAMES/ INTYA Services at the times or locations of your choosing. INTYA does
not warrant that the INTYA Services will be uninterrupted or error-free; that
defects will be corrected; or that the GAME or the INTYA Services are free of
viruses or other harmful components.
INTYA
shall not be liable to you for any indirect, incidental, consequentional,
special, punitive or other similar damages, including but not limited to loss
of revenues, loss of profits, loss of data or business interruption or other
intangible losses (however such losses are qualified), arising out of or
relating in any way to this EULA or the INTYA Services itself, whether based on
contract, tort or any other legal theory, and whether or not INTYA has been
advised of the possibility of such damages.
Some
jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for certain types of damages. Accordingly,
some of the above disclaimers and limitations may not apply to you. To the
extent that INTYA may not, as a matter of applicable law, disclaim any warranty
or limit its liability as set forth herein, the scope of such warranty and the
extent of INTYA´s liability shall be the minimum permitted under such
applicable law. In particular, nothing in this EULA 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 INTYA.
INTYA
shall not be liable (and you as an End-User agrees to that) to you as an
End-User for specific damage for more than the amount you have paid to INTYA in
accordance with this EULA in the six (6) months immediately preceding the date
on which you first assert a claim of compensation for this specific damage. You
acknowledge and agree that if you have not paid anything to INTYA during such
time period, your sole remedy (and INTYA´s exclusive liability) for any dispute
with INTYA is to stop using the INTYA Services and to cancel your Account.
You
agree to indemnify, defend and hold INTYA harmless from any claim, demand,
damages or other losses, including reasonable attorneys’ fees, asserted by any
third-party resulting from or arising out of your use of the INTYA Services, or
any breach of this EULA by you, however the foregoing does not apply if the
infringement of rights is not attributable to your intentional or negligent
behavior.
INTYA
will use its best efforts to investigate any reported bugs in GAMES/ INTYA Services
as soon as is practical and to repair such bug or create a workaround (INTYA may
delay repairing bugs with limited impact until the next planned update); but
nothing else.
In
addition no liability exists if the cause of damage is beyond the control of INTYA
(force majeure).
The GAMES/
INTYA Services communicates via the internet with a server under control
of INTYA to provide the complete service. INTYA uses its best efforts to have
this server available at all times, but makes no guarantees in this regard.
From time to time INTYA can make updates to the server, which may lead to a
temporary unavailability. INTYA will do its best to inform you in advance about
unavailability of the server. Everything in this document regarding updates,
support and liability applies equally to the server.
You
acknowledge that because some aspects of the GAMES/ INTYA Services and
administration of the usage rules of the GAMES/ INTYA Services entails the
ongoing involvement of INTYA, if INTYA changes any part of or discontinues the INTYA
Services, which INTYA may do at its election, you may not be able to use GAMES/
INTYA Services to the same extent as prior to such change or discontinuation, INTYA
shall have no liability to you in such case.
In
the event of any failure of the GAMES/ INTYA Services to conform to any
applicable warranty (warranty mentioned above in this EULA /”Disclaimer of
Warranties and Limitation of Liability”/ or warranty according to applicable
law), the End-User may notify Application Platform and Application Platform will
refund the purchase price for the App to that End-User.
No
INTYA ´s liability exists for damages directly or indirectly resulting from
incorrect functioning of Application Platforms and/or SNS.
Application
Platform will have no other warranty obligation (except the warranty/liability
mentioned above in this EULA) whatsoever with respect to the GAMES/ INTYA Services
to the maximum extent permitted by applicable law, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty under the observance of terms of this section –
“Disclaimer of Warranties and Limitation of Liability” stated in this EULA will
be INTYA ´s sole responsibility.
This
EULA enters into force at the moment you start use of the Apps/GAMES/ INTYA Services
(at the moment of acceptance of the terms of this EULA by you as an End-User by
one of the several manners mentioned above), EULA is concluded for an
indefinite period and remains in force until terminated.
End-User
may terminate this EULA at any time by deleting his/her (End-User’s) Account. INTYA
may (reserves right to) terminate or suspend the End-User´ Account at any time
for conduct which is deemed to be a violation or breach of the terms of this
EULA at INTYA´s sole discretion. INTYA reserves the right to terminate or
suspend inactive Accounts without prior notice and INTYA is not liable for any
losses arising from such termination or suspension. If INTYA terminates or
suspends End-User´s Account, End-User will have no further access to his/her
(End-User’s) Account or to anything associated to it. Termination of this EULA
is without prejudice to a claim for damages resulting from breach of this EULA,
to the provisions related to warranties/guarantees (limitation of
warranties/guarantees) and to limitation of liability (limitation of damages)
or to other provisions of this EULA which under the manifested will of the
parties or by their/its nature should continue even after termination of the
EULA.
INTYA
reserves the right to terminate operation of the GAME/ INTYA Service or any of
the game servers at any time. In such case you as an End-User will be notified
about such termination on the corresponding pages/the website of the GAME/
INTYA Service or of server at least 3 months before the termination. Even in
this case you as an End-User are not entitled to claim any compensation or
refund of Credits/Credit packages or money. The End-User who will conclude this
EULA after such announcement about the termination of the operation of the
GAME/ INTYA Service will be informed about the termination of the GAME/ INTYA Service
immediately after conclusion of this EULA.
This
EULA terminates automatically and immediately in case you (as an End-User)
enter into bankruptcy, apply for a suspension of payments, your assets are
seized, you pass away, or in case you enter into liquidation, legal dissolution
or winding-up.
After
termination of the EULA (regardless of reason) you must cease all use of
Apps/GAMES/ INTYA Services. In addition you must remove all copies of
Apps/GAMES/ INTYA Services from all computer systems or any other devices under
your control.
Czech
law applies to this end-user license agreement, i.e. this EULA shall be
governed by Czech legal order.
Legal Compliance: The End-User by acceptance of the terms of this EULA by
any of the several manners mentioned above represents and warrants that
·
he/she is not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and simultaneously
·
he/she is not listed on any U.S. Government list of prohibited or
restricted parties.
Unless dictated otherwise by mandatory law, all disputes arising out of or
in connection with this EULA between INTYA and the End-User (including any
disputes as to the validity and existence hereof and/or this clause, and the
scope and termination hereof) shall be finally settled by the relevant Czech
court having jurisdiction.
Jurisdiction is determined by the general territorial jurisdiction over the
legislation in force in the Czech Republic. Parties, in accordance on
jurisdiction and the recognition and enforcement of judgments in civil and
commercial matters, agreed that the courts of the Czech Republic are competent
for the settlement of all disputes arising from and in any connection with this
EULA between INTYA and you as the End-User or any other third party, whereby
the competent court for the proceedings in the first instance is The District
Court in Praha.
INTYA shall not be prevented from taking proceedings relating to any
dispute referred to in previous sentence in any other court of competent jurisdiction.
Dispute
resolution through the system of alternative dispute resolution: You as the
End-User with domicile or habitual residence in any of the European Union
countries (“European consumer") are entitled to file the request
for remedy through e-mail: supersonicsnailstudio@gmail.com (or other channels announced
to you) if you are not satisfied with the process of your reclamation by INTYA
or you believe that INTYA has violated your rights ("Remedy request").
European consumer has the right
·
to initiate an alternative dispute resolution procedure at alternative
dispute resolution entity; or
·
to file an online complaint through the European ODR (online dispute
resolution) platform (https://ec.europa.eu/consumers/odr/),
namely in case INTYA denied your Remedy request or INTYA failed to reply to
your Remedy request within 30 days from the day of its dispatch. Ministry of
Economy of the Czech Republic publishes the list of alternative dispute
resolution entities competent for above mentioned alternative dispute
resolution procedure. European consumer shall not be prevented from taking
proceedings related to any dispute referred to above in the court of competent
jurisdiction.
A
finding that any particular provision of this EULA is legally void shall not
affect the validity of the entire agreement (EULA). In such a case such
provision shall be replaced by provision that is legally valid and approximates
the intent of the offending provision as much as possible. If any provisions of
this EULA is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable (corresponding as
closely as possible to the parties’ (their) intention and the originally
desired economic effect of the ineffective or unenforceable provision) and the
remaining provisions of this EULA shall not be affected, i.e. if any provision
of this EULA is or becomes ineffective or unenforceable, the remaining
provisions of this EULA shall remain in full force and effect.
Rights
and obligations under this agreement (EULA) are transferred to any legal
succesors of the INTYA and on each further legal successors.
INTYA
may also transfer/assign its rights and obligations under this agreement (EULA)
to a third party/entity that acquires the relevant business related to INTYA Services
or the copyrights to INTYA Services from INTYA, or to a third party/entity
which acquires fifty per cent (50%) or more of the INTYA´s participation
interest, or to a third party/entity a fifty per cent (50%) or more of
participation interest of which is owned by INTYA, or to a third party/entity
in which INTYA possesses the power and authority to exercise through its
ownership interests a controlling influence over the management or the business
of this third party/entity, without any impact on the End-User´s ability to use
the INTYA Services continuously (i.e. that the Apps/GAMES provide its services
continuously).
Third
Party Beneficiary: INTYA and you as an End-User acknowledge and agree that
Application Platform and/or SNS and their/its subsidiaries, are third party
beneficiaries of this EULA, and that upon the End-User’s acceptance of the
terms and conditions of this EULA, Application Platform and/or SNS and their
subsidiaries have the right (and deem/s to have accepted the right) to enforce
the EULA against you as an End-User as the third party beneficiary thereof.