TERITORIO DEVELOPMENT Kft.
Terms of Service
Effective Date: 28.04.2017
Teritorio Development Kft. ("Teritorio", “we”, “us”, “our”, “company”) is a company duly registered under the laws of Republic of Hungary with its registered seat in Budapest. We are excited to have you as our guest and are looking forward to your use of our games, websites and related services (the “Service”).
Before accessing or using the Service, e.g. by accessing a game or visiting our website, you are obligated to agree to these Terms of Service. You may also be required to register an account in order to use the Service (“Account”).
The use of Service is not recommended for persons under the age of 18 or any other age which is considered under aged in your legislation (“Minor”). By using the Service, you represent and warrant to us that you are not considered to be a Minor in your legislation, i.e. that you understand and have the legal capacity to agree to these Terms of Service. If you are considered to be a Minor in your legislation, you represent that your legal guardian has reviewed and agreed to these Terms of Service.
If you use the Service from a Social Networking Site (“SNS”), you shall comply with its terms of service/use as well as with these Terms of Service.
We retain all patent, copyrights, trademarks and other intellectual property and proprietary rights recognized anywhere in the world, as well as all other rights title and interest in and to the Service (including without limitation to any games, titles, computer code, data, information, content, business process, procedures, methods, techniques, materials, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Teritorio game client, and the Teritorio game clients and server software).
You acknowledge and agree that you shall have no ownership or other property interest in the Account and that all rights in and to the account are owned by Teritorio.
Teritorio owns or has otherwise acquired the rights to use all of the content that appears in the Service. You acknowledge that no right or title in or to any content that appears in the Service are granted to you, including without limitation the virtual goods or currency appearing in Teritorio’s game, whether earned in a game or purchased from Teritorio, or any other attributes associated with an Account or stored on the Service.
2. LICENCE AND LIMITATIONS OF THE SERVICE USAGE; YOUR ACCOUNT
You understand and agree that you may not use the Service for any other purpose, especially that you shall not use the Service to advertise or transmit any commercial advertisements, sell, rent or give away your Account, send spam (if you send mass emails to us or other users without permission, we shall consider that as spamming), use purchased or third-party lists of email addresses.
For creation of the Account you shall submit your true, complete and up to date information. Creation of an Account by using a false identity or information, or on behalf of someone else shall represent a breach of the Terms of Service and may result with Account termination. You shall not use the Service if your Account was terminated by Teritorio.
Since we are committed to protect your privacy and to ensure the best possible service to you, we warn you not to share the Account details (e.g. Password), nor let anyone access your Account or do anything else that could jeopardize the security of your Account. Also, internet is not a safe place and we cannot guarantee the security of our systems and databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet and, therefore, we may not be held responsible for any losses due to stolen or hacked Account details.
You are solely responsible for anything that happens through your Account. Therefore, in the event that you become aware of or suspect any breach of security, you must immediately notify Teritorio and change your account details (e.g. password). You are solely responsible for maintenance of the confidentiality of your account details, and you will be responsible for all, including unauthorized, uses of your Account.
Teritorio reserves the right to remove or reclaim any usernames at any time and for any reason, without notification.
You are not allowed to and you will not:
- circumvent any technology used by Teritorio, our licensors, or any third party to protect content accessible through the Service or institute, assist, or become involved in any type of attack or attempts to disrupt the Service;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or to obtain any information from the Service;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Teritorio game environment;
- circumvent any territorial restriction, manipulate the Service in any way, use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or to gain unauthorized access to the Service or the Accounts of other users;
- remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Service;
- Submit any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Submit any information that contains nudity, pornography, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group or entity;
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
- use any Account other than yours or solicit or attempt to solicit personal information from other users of the Service or obtain or submit anyone’s private information;;
- Perform any act that Teritorio may find to be in conflict with the spirit or intent of the Service or make improper use of Teritorio’s support services.
Any use of the Service in violation of these restrictions is strictly forbidden and, without limiting any other remedies, Teritorio may limit, suspend, terminate, modify or delete your Accounts or access to Teritorio services or portions thereof, even on the grounds of reasonable suspicion of such actions.
Teritorio reserves the right to determine what conduct it considers to be the violation of these restrictions.
Teritorio may not be held accountable and is under no obligation to compensate you for any losses arising out of the imposed measures. Teritorio may limit, suspend or terminate the Service and user Accounts or portions thereof, prohibit access to the Service, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Service at our sole discretion, especially if we have a reason to believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights, etc.
Teritorio reserves the right to terminate any account that has been inactive for 180 days.
Teritorio reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Teritorio shall not be obligated to provide refunds, compensation or any benefits whatsoever.
You may terminate your Account at any time by contacting us at email@example.com.
Termination of the Account by you or us may include disabling your access to the Service or part of the Service, as well as to any content you or other users submitted.
As much as it is allowed by the competent Laws, we may preserve and/or disclose your information, if we believe that it is reasonably necessary to comply with any laws, regulations or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property.
3. THE USER CONTENT
By transmitting or submitting any communication, images, sounds or any other material, data or information (“Content”) through Teritorio’s game, client or the Service, you represent and warrant that the Content is:
- not confidential or that you have a permission to disclose;
- not in violation of any laws, contractual restrictions or other third party rights;
- free of viruses, adware, spyware, worms or other malicious code;
- and you agree that any of your personal information within such content will at all times be processed by Teritorio.
Teritorio reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any Content without notice for any reason or for no reason at any time.
Teritorio cannot assume any responsibility for submissions of any user and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Your use the Service at your own risk and you understand that we may not be held responsible if you are exposed to content that you may find offensive or indecent. We do not guarantee the accuracy, reliability or quality of any information or material published by our users.
At our sole discretion, our representatives may monitor and/or record your interaction with the Service or communication and by using the Service, you provide your irrevocable consent to such monitoring and recording, i.e. you explicitly state that you have no expectation of privacy concerning your Content.
As the Service may include various forums, blogs and chat features, we hereby inform you that Teritorio cannot guarantee that other members will not use the Content you share. We shall not, nor shall we be obligated to, evaluate, use or compensate you for any Content you have submitted.
You are solely responsible for any Content you submit on, through or in connection with the Service.
We reserve the right and shall, in our sole discretion, refuse to post, store or transmit Content submitted by you or any other user and may move, remove, edit or modify any such Content for any reason at any time.
By using the Service, i.e. by posting, displaying, sharing or distributing any Content on or through the Service you grant us and our affiliates, as well as their successors an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license and right to copy, reproduce, fix, adapt, modify, create derivative works from, 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, your Content as well as all modified and derivative works thereof. You also hereby authorize Teritorio to transfer all these rights to any third party.
You further hereby grant us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any Content and in connection with any Content, without any obligation to you. As much as provided by law, you waive any rights of attribution and/or any moral rights you may have in your Content. Teritorio does not claim any ownership rights in your Content, nor is our intention to restrict any rights that you may have to use and exploit the Content. We have no obligation to monitor or enforce your intellectual property rights.
Teritorio may not be held responsible for your interactions with other users of the Service, nor any other parties with whom you interact through the Service. Teritorio reserves the right, but without assuming any obligation or liability on our part, to become involved in any way with these interactions. In case of any activity which under our free assessment may be found to be unlawful, fraudulent or improper, you will fully cooperate with us and help us with our investigation, as well as grant us full access to your Account.
If you have a dispute with one or more users, you release us (and our 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.
4. PAYMENT OF FEES; PURCHASE TERMS
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (1) “virtual currency”; (2) “virtual in-game items” (“Virtual Items”); and (3) other goods or services (“Merchandise”) (hereinafter collectively referred to as “Virtual possessions”).
You are only allowed to purchase Virtual possessions from us or our authorized partners. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. Teritorio may revise the pricing for the goods and services offered through the Service at any time.
Teritorio may manage, regulate, control, modify or eliminate Virtual possessions at any time, at its sole discretion. We shall have no liability to you in the event that Teritorio exercises any such right.
The transfer of Virtual possessions between users is prohibited and you shall not sell, redeem or otherwise transfer these except where expressly allowed.
When an account is closed, whether voluntary or involuntary, you will not receive money or other compensation for unused Virtual possessions and you agree that Teritorio is not obligated to provide a refund.
5. DISCLAIMER OF WARRANTIES
The service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Teritorio does not warrant that you will be able to access or use the Service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the Service is free of viruses or other harmful components.
You acknowledge and agree that Teritorio may update the Service at its sole discretion. You may need to update third party software from time to time in order to receive the Service.
6. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
Teritorio shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the service itself, whether based on contract, tort or any other legal theory, and whether or not Teritorio has been advised of the possibility of such damages. Teritorio shall not be liable to you for more than the amount you have paid to Teritorio in accordance with these terms of service in the three (3) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Teritorio during such time period, your sole remedy for any dispute with Teritorio is to stop using the service and to terminate your account.
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 Teritorio 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 Teritorio’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Teritorio 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 Service, or any breach by you of these Terms of Service.
7. LAWS, COURTS COMPETENCE AND DISPUTE RESOLUTION
If a dispute arises between you and Teritorio, we strongly encourage you to first contact us directly to seek an amicable resolution. In these cases please contact us at firstname.lastname@example.org.
This Terms of Service are construed and are to be applied and interpreted under the laws of the Republic of Hungary, without regard to conflict of law provisions.
Each and any dispute arising out or under these Terms of Service, i.e. any dispute which you may have against Teritorio, shall be settled before the competent court in Budapest.
The language of the procedure shall be Hungarian language.
8. GENERAL PROVISIONS
Teritorio may publish additional policies related to specific services. Your right to use such services is also subject to those specific policies.
By agreeing to these Terms of Service, you acknowledge that the rights granted and obligations made to Teritorio hereunder are of a unique and irreplaceable nature, the loss of which shall irreparably harm Teritorio and which cannot be replaced by monetary damages alone, so that Teritorio shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You also irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.
Teritorio won’t be held liable for any delays or failure in performance of any actions of obligations which are due to an event beyond the control of us, nor could be reasonably foreseen (“Force Majeure”). Force Majeure includes, but is not limited to changes to law or regulations, embargoes, terrorism, war, riot, act of civil or military authority, uprising, earthquake, flood, fire, accidents or any other natural or manmade disasters, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
We may send you notifications via submissions on www.teritorio.com, via e-mail or any other communication means. All notices given by you or required from you shall be in writing and addressed to: Teritorio Development Kft, 1054 Budapest, Honvéd u. 8. ½, Hungary. Submission of notices by any other means of communication shall have no legal effect.