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Welcome to our websites, provided to you by TIMUZ,
which has its registered office at 23 Kings House, London, United Kingdom,
(hereafter referred to as "TIMUZ"). These terms of use (hereafter referred to
as, "Terms of Use") govern your use of our websites, all the web pages that are
part thereof, and all content, software, and services offered thereon (hereafter
collectively referred to as the "Websites").
Your use of our Websites signifies that you agree
to these Terms of Use, that you consent to our privacy policy (hereafter
referred to as the "Privacy Policy"), and that you consent to receiving required
notices and to transact with us via computer. If you do not agree to the Terms
of Use and/or the Privacy Policy, we advise you not to use our Websites.
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CHANGES TO THE TERMS OF USE
We may change these Terms of Use at any time. You
can review the most current version of these terms by clicking on the "Terms
of Use" link, located at the bottom of the Websites. You are responsible for
checking these Terms of Use periodically for changes. If you continue to use
the Websites after we post changes to these Terms of Use, you are signifying
your acceptance of the new terms.
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ADDITIONAL TERMS
Certain areas of the Websites, such as sites
where you can download files, may include usage guidelines and rules that will
supplement these Terms of Use. By using those services on the Websites, you
agree to comply with such guidelines and rules.
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ELECTRONIC-DELIVERY POLICY & YOUR CONSENT
You agree that we may electronically provide to
you required notices, agreements, and other information concerning the
Websites. If you no longer agree to receive notices electronically, please
cease using the Websites.
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PRIVACY POLICY
The Privacy Policy explains the practices that
apply to your personal information when you use the Websites. Your ongoing use
of the Websites signifies your consent to the information practices disclosed
in our Privacy Policy. You can review the Privacy Policy at any time by
clicking on the Privacy Policy link, located at the bottom of the Websites.
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CHANGES TO THE WEBSITES
We may discontinue or change any service or
feature on the Websites at any time and without notice.
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ACCESS COSTS
You must provide, at your own expense, the
equipment and Internet connections that you will need to access and use the
Websites. If you access the Websites through a telephone line, please call
your local phone company to determine if the access numbers you select are
subject to long-distance or other toll charges at your location. Also, if you
access the Websites through wireless applications (e.g., cell phones), your
carrier, such as a wireless carrier, may charge fees for alerts, web browsing,
messaging, and other services that require the use of airtime and wireless
data services. Check with your carrier to verify whether any such fees apply
to you. You are solely responsible for any costs you incur to access the
Websites through any wireless or other communication service.
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YOUR RESPONSIBILITIES
7.1 You may use the Websites for lawful purposes
only. You may not submit or transmit through the Websites any information,
content, or material or otherwise engage in any conduct that:
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violates or infringes the rights of others, including, without
limitation, patent, trademark, trade secret, copyright, publicity, or other
proprietary rights;
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is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortuous, contains
explicit or graphic descriptions or accounts of sexual acts, or is
pornographic;
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victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
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impersonates any person, business, or entity, including TIMUZ and its
employees and agents;
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contains viruses or any other computer code, files, or programs that
interrupt, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment, or that otherwise permit the
unauthorized use of a computer or computer network;
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encourages conduct that would constitute a criminal offense or give rise
to civil liability;
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violates these Terms of Use, guidelines, or any policy posted on the
Websites; or
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interferes with the use of the Websites by others.
7.2 You may not use our Websites:
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for your own commercial gain;
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to offer any form of advertising or promotion without our prior written
consent; or
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to provide any false personal information or any information, content,
or material on account of anyone other than yourself without permission.
7.3 By using our Websites, you agree:
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to abide to these Terms of Use;
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to keep your contact information accurate and up-to-date; and
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not to share or transfer your password without our consent.
7.4 You may not use the Websites in any manner
that could damage, disable, overburden, or impair our servers or networks or
interfere with any other party's use and enjoyment of the Websites. You may
not attempt to gain unauthorized access to any services, user accounts,
computer systems, or networks through hacking, password mining, or any other
means. We may take any legal and technical measures to prevent the violation
of this provision and to enforce these Terms of Use.
7.5 You may not use the Websites or any of our
communication tools to transmit, directly or indirectly, any unsolicited bulk
communications (including emails and instant messages). You may not harvest
information about our users for the purpose of sending (or to facilitate the
sending) of unsolicited bulk communications. You may not induce or allow
others to use the Websites to violate the terms of this section. We may
terminate your access or use of the Websites immediately and take other legal
action if you, or anyone using your access to the Websites, violates these
provisions. We may take any technical measures to prevent unsolicited bulk
communications from entering, utilizing, or remaining within our computer or
communications networks.
7.6 Any information, content, or material you
have created and submitted or transmitted through the Websites and that is
covered by intellectual property rights (or similar rights) shall be licensed
to us as a nonexclusive, transferable, sublicensable, royalty-free, perpetual,
worldwide license, and we are entitled to use such intellectual property on or
in connection with the Websites or any other medium.
7.7 When you provide information, content, or
material and use the public privacy setting, it means that every visitor to
the Websites will have access to such information, and that we have no control
over that information or what visitors do with it.
7.8 We reserve the right to remove any of your
information, content, or material from the Websites if it violates these Terms
of Use.
7.9 If you select a username, we reserve the
right to remove or reclaim it if we believe it is appropriate to do so.
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LICENSE TO USE THE WEBSITES
Subject to these Terms of Use, you may use the
Websites and the content offered on the Websites only for personal,
noncommercial purposes. You may use content offered for downloading for
personal use only and are subject to the rules that accompany that particular
content. You may not use the content in a manner that exceeds the rights
granted for your use of the content. You may not use any data mining, robots,
or similar data-gathering and -extraction tools on the content; frame any
portion of the Websites or content; or reproduce, reprint, copy, store,
publicly display, broadcast, transmit, modify, translate, port, publish,
sublicense, assign, transfer, sell, loan, or otherwise distribute the content
without our prior written consent. You may not circumvent any mechanisms
included in the content for preventing the unauthorized reproduction or
distribution of the content.
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AGE RESTRICTIONS
By using the Websites, you confirm that you are
13 years of age or older or that, if you are under 13 years of age, you are
accompanied and directly supervised by a parent or legal guardian. If you are
under 13 years of age, please do not access the Websites without your parent
or legal guardian directly supervising you. You agree that if your computer,
Internet-enabled device, Internet connection, and/or facilities (whether
owned, leased, or borrowed) access or assist users in accessing the Websites
or services, you will not allow or assist, knowingly or unknowingly, children
under 13 years old to access the Websites or services except while directly
supervised by a parent or legal guardian. You agree that if you do allow or
assist children under 13 years old to access the Websites without a parent or
legal guardian directly supervising them with your computer, Internet-enabled
device, Internet connection, and/or facilities (whether owned, leased or
borrowed), you will assume full liability for any consequences, and that under
no circumstances (including, but not limited to, negligence) will TIMUZ, any
third-party content provider, or their respective agents be liable for any
direct, indirect, incidental, special, or consequential damages arising from
the use of or inability to use the sites by users under 13 years of age, even
if such party has been advised of the possibility of such damages. By using
our website www.adegames.com
you confirm that you are 16 years of age or older, or that, if you are under
16 years of age, you are accompanied and directly supervised by a parent or
legal guardian.
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PROPRIETARY RIGHTS
Intellectual Property Rights to the Websites
We own the intellectual property rights to the
design of and the information on the Websites, including the name of the
Websites and the look and feel of the color combinations, button shapes, and
other graphical elements of the Websites. Such intellectual property is
protected by international treaties and by copyright, trademark, patent, and
trade-secret laws, as well as other proprietary rights. For example, we own a
copyright on the selection, organization, arrangement, and enhancement of the
Websites, as well as on our original content on the Websites.
Intellectual Property Rights to the Games
We own the intellectual property rights to a
large number of the games on the Websites, and for certain games, we requested
and obtained permission from the copyright holders known to us. For some
games, we could not find any copyright information, or, due to general use on
the Internet, this information can no longer be obtained. Some games may be
used under special conditions, considering a number of prerequisite
constraints. These prerequisite constraints are, as far as we could determine,
met by TIMUZ. We do not change anything in the source code of the games. For
example, credit holders, brand names, or references to websites remain
unchanged.
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CLAIMS FOR INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS
If, in your view, any copyright or other
intellectual property right ("IP right") that you may have is being infringed
by/on the Websites, please inform us immediately, thereby providing us with:
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the electronic or physical signature of the owner of the IP right or the
person authorized to act on the owner's behalf; a description of the IP
right that you claim has been infringed, and a description of the infringing
activity;
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the identification of the location where the original or authorized copy
of the copyrighted work exists (for example, the URL of the websites where
it is posted, or the name of the book in which it has been published, or, in
case of a registered brand name, an excerpt of such register evidencing the
registry);
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a copy of a license in which you are granted the right to use and to
protect such IP right (if you are not the owner of the IP right);
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the identification of the URL or other specific location on this site
where the material that you claim is infringing is located; this information
must be specific enough to enable us to locate such material;
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your name and full contact details; and
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a statement by you that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law.
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THIRD-PARTY PAYMENT SERVICE PROVIDERS
TIMUZ may engage third-party payment service
providers ("PSP") offering payment transaction services to TIMUZ and the users
of the Websites in order to sell a product or service through the Websites.
Whenever you buy something from the Websites (e.g., a virtual game item or a
subscription for a game download), you enter into an agreement with such PSP
for the fulfillment of the payment. TIMUZ shall never be responsible or liable
for the communications between you and the PSP, and any information that you
provide the PSP with shall only be covered by the PSP's privacy policies
and/or other rules of the PSP. You shall indemnify TIMUZ for any chargebacks
or other claims from the PSP as a result of nonfulfillment of the payment.
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THIRD-PARTY SITES & ADVERTISERS
The Websites may include links to third party
websites, including links provided as automated search results. Some of these
sites may contain materials that are objectionable, unlawful, or inaccurate.
The existence links do not mean that we endorse these third-party sites or
services. You acknowledge and agree that we are not responsible or liable for
any content or other materials on these third-party sites. Any dealings that
you have with advertisers found on the Websites are between you and the
advertiser, and you acknowledge and agree that we are not liable for any loss
or claim you may have against any advertiser.
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USE OF SOFTWARE
We may make software available for you to
download or use. Such software will be subject to the terms of the license
agreement that accompanies it. If there is no license agreement presented to
you with the software, then the following license, in addition to the other
terms of these Terms of Use, shall govern your use of such software. We grant
you a personal, nonexclusive, nontransferable, limited license to install the
software on any single computer. The software is protected by copyright and
other intellectual property laws and treaties and is owned by us or our
suppliers. You may not sell or redistribute the software. You may not
incorporate it or any portion of it into another product. You may not reverse
engineer, decompile, or disassemble the software or otherwise attempt to
derive the source code (except where expressly permitted by law). You may not
modify, adapt, or create derivative works from the software in any way or
remove proprietary notices in the software. You agree to abide by all laws and
regulations regarding your use of the software. You may not authorize or
assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the
software and update it to improve its performance and capabilities. If you
shut down the software during an automatic update or otherwise interfere with
the installation of the update, the software may be damaged and/or cease to
operate.
You agree to fully comply with all import and
export laws, regulations, rules, and orders of the Netherlands or any other
foreign (e.g., the United States) government agency or authority, and you
agree not to directly or indirectly export, reexport, transfer, and/or release
the software, related technology, or any product thereof for any proscribed
end-use or to any proscribed country, entity, or person (wherever located)
without proper governmental authorization. You bear full responsibility for
and assume all expenses relating to your compliance with the described laws,
regulations, rules, and orders and for obtaining all necessary authorizations
and clearances. You further agree to assume responsibility for and bear all
expenses relating to your compliance with the described laws, regulations,
rules, and orders, and for obtaining all necessary authorizations and
clearances.
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DISCLAIMER OF WARRANTIES
We provide the Websites as is, with all faults
and as available. We and our suppliers make no express warranties or
guarantees about the Websites. TIMUZ is not obligated to supply any support
whatsoever. To the extent permitted by law, we and our suppliers disclaim
implied warranties that the Websites and all software, content, and services
distributed through the Websites are merchantable, of satisfactory quality,
accurate, timely, fit for a particular purpose or need, and noninfringing. We
do not guarantee that the Websites will meet your requirements or will be
error-free, reliable, without interruption, or available at all times. We do
not guarantee that the results that may be obtained from the use of the
Websites (including any support services) will be effective, reliable, or
accurate or will meet your requirements. We do not guarantee that you will be
able to access or use the Websites (either directly or through third-party
networks) at times or locations of your choosing. No oral or written
information or advice given by a representative of TIMUZ shall create a
warranty. You may have additional consumer rights under your local laws that
this contract cannot change.
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LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute
with us is to discontinue your use of the Websites. In no event shall our
liability (or the liability of our parent company or our suppliers) for any
and all claims relating to the use of the Websites exceed the total amount of
service fees that you paid us during a one-year period for the specific
service at issue. We, our parent, our content partners, and our suppliers
shall not be liable for any indirect, special, incidental, consequential, or
exemplary damages arising from your use of, inability to use, or reliance upon
the Websites. These exclusions apply to any claims for lost profits, lost
data, loss of goodwill, work stoppage, computer failure or malfunction, or any
other commercial damages or losses, even if we knew or should have known of
the possibility of such damages. Because some countries, states, or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such countries, states, or
jurisdictions, our liability (and the liability of our parent and suppliers)
shall be limited to the extent permitted by law.
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INDEMNIFICATION
Upon a request by us, you agree to defend,
indemnify, and hold harmless us and our parent and other affiliated companies
as well as any respective employees, contractors, officers, directors, and
agents from all liabilities, claims, and expenses, including attorney's fees
that arise from your use or misuse of the Websites. We reserve the right, at
our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
with us in asserting any available defenses.
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INTERNATIONAL USE
We make no representation that any content of the
Websites is appropriate or available for use in locations outside the
Netherlands. Accessing the Websites from territories where the content is
illegal is prohibited. If you choose to access the Websites from a location
outside the Netherlands, you do so on your own initiative and you are
responsible for compliance with local laws.
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CHOICE OF LAW AND LOCATION FOR RESOLVING
DISPUTES
You agree that the laws of the Netherlands govern
this contract and any claim or dispute that you may have against us, without
regard to Dutch conflict of laws rules, and that the United Nations Convention
on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that you may have against us
will be resolved by a court located in the Netherlands, and you agree and
submit to the exercise of personal jurisdiction of such courts for the purpose
of litigating any such claim or action.
Please note that by agreeing to these Terms of
Use, you are:
1. waiving claims that you might otherwise have
against us, based on the laws of other jurisdictions, including your own;
2. irrevocably consenting to the exclusive
jurisdiction of, and venue in, courts in the Netherlands over any disputes or
claims you have with us; and
3. submitting yourself to the personal
jurisdiction of courts located in the Netherlands for the purpose of resolving
any such disputes or claims.
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SEVERABILITY & INTEGRATION
This contract and any supplemental terms,
policies, rules, and guidelines posted on the Websites constitute the entire
agreement between you and us and supersede all previous written or oral
agreements. If any part of these Terms of Use is held invaaalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
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TERMINATION
Your right to use the Websites automatically
terminates if you violate these Terms of Use or any rules or guidelines posted
in connection with the Websites. We also reserve the right, at our sole
discretion, to terminate your access to all or part of the Websites, for any
reason, with or without notice.
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