END USER LICENSE AGREEMENT
CODE OF CONDUCT
User Provided Information
The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.
When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information.
We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
This Application does not collect precise information about the location of your mobile device.
Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
if Czech Games Edition s.r.o., Czech Republic is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at firstname.lastname@example.org.
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you'd like us to delete User Provided Data that you have provided via the Application, please contact us at email@example.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at email@example.com.
YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE "AGREEMENT") BEFORE INSTALLING OR USING CGE GAMES OR CGE DIGITAL ONLINE ACCOUNT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THE GAME, REGISTER THE ACCOUNT OR USE IT.You must be and hereby affirm that you are an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement.
1. The CGE Online Account.
1.1. To use the CGE Online Account, you may be required to register, or have previously registered, a CGE Online Account (the "Account"). Games do not require a creation of the Account to its use, but you hereby acknowledge Games can provide limited functionality without using the Account (typically, but not limited to Multiplayer functionality). Use of the Games, and creation and use of the Account are subject to the following terms and conditions:
1.1.1. You may establish the Account only if: (i) you are a "natural person" and an adult in your country and state of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish the Account); and (ii) you are not an individual specifically prohibited by CGE from using the Account.
1.1.2. When you create or update the Account, you must:
18.104.22.168. select a unique username and password ("Login"). You should not share the Account or the Login with anyone else;
1.1.3. You are responsible for all uses of the Login and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login, you must immediately notify CGE at firstname.lastname@example.org. CGE may require additional information and/or documentation to verify your claim, and then CGE will take action to freeze your Account until CGE has returned control of your Account to you. You agree that CGE has sole and absolute discretion in determining whether or not your claim is valid and take appropriate steps to solve your claim.
1.1.4. Subject to the laws of your country of residence, minors may utilize an Account established or play a Game installed by their parent or legal guardian upon the parent/guardian's acceptance of this Agreement. When you permit your minor child or legal ward (collectively, your "Child") to use the Account or Games, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child.
1.1.5. Your use of the Account to interact with CGE and/or other players is governed by CGE's Code of Conduct. The Code of Conduct is not meant to be exhaustive. The Code of Conduct is incorporated into this Agreement by this reference. You can find the Code of Conduct following this Agreement. Please note that violation of any part of CGE's Code of Conduct may result in penalties against you and/or your Account, including suspension and/or termination of Game licenses.
1.2. Grant of License. If you accept and comply with the terms of this Agreement, CGE will grant you a limited non-sub licensable, and non-exclusive license to use the Account and/or Game subject to the "License Limitations," set forth in Section 1.3.
1.2.1. You may install applicable components of the Game on one or more computers or mobile devices under your legitimate control.
1.2.2. You may use the Game and/or Account for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
1.2.3. You may not transfer your rights and obligations to use the Game and/or Account.
1.3. License Limitations. CGE may suspend or terminate your license to use the Account and/or Game, or parts, components and/or single features thereof, as mentioned in Section 9.2 if you do not comply with the Agreement, the Code of Conduct and other applicable Terms mentioned in this Agreement, and/or if you violate, or assist others in violating, the specific license limitations set forth below. In case of such a license suspension or termination you will not be entitled to any compensation in regard to the respective suspended or terminated license, including but not limited to game price, in-game items, currencies and services, tokens, etc. You agree that you will not, in whole or in part or under any circumstances, do the following:
1.3.1. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
22.214.171.124. cheats; i.e. methods not expressly authorized by CGE (whether accomplished using hardware, software, a combination, or otherwise), influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
126.96.36.199. hacks; i.e. accessing or modifying the Game in any manner not expressly authorized by CGE;
1.3.2. Derivative Works: Copy or reproduce (except as provided in Section 1.2.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Games.
1.3.3. Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by CGE in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by CGE), or as part of content aggregation networks.
1.3.4. Toxicity / Disruption / Harassment: Engage in any toxic behaviour, conduct disrupting or diminishing the game experience for other players, or disrupt the operation of the Account in any way, or harass CGE's personnel, including:
188.8.131.52. Disrupting or assisting in (i) the disruption of any computer used to support the Game; or (ii) any other player's Game experience. ANY ATTEMPT TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
184.108.40.206. Harassment, "griefing", toxic, abusive behaviour or chat, conduct intended to undermine or disrupt the Game experiences of others, including but not limited to, deliberate inactivity or disconnecting.
220.127.116.11. Abusive, aggressive, demeaning or offensive behaviour towards CGE's Customer Service representatives including but not limited to chat, email, letter, phone or any other means of communication.
1.4. Alterations to the Games.
1.4.1. Patches and Updates: CGE may update the Game or part of the Game, remotely without notifying you, provided that any such updates do not result in material derogation in the functionality of the Game, and you hereby grant to CGE consent to deploy and apply such patches, updates, and modifications.
1.4.2. You understand that some additional storage space may be necessary to install Patches and Updates.
1.4.3. CGE may change, modify, suspend, or discontinue any aspect of the Account at any time, including removing items, or revising the effectiveness of items in an effort to balance, improve, update, renew, etc. a Game. CGE may also impose limits on certain features or restrict your access to parts or all of the Account with reasonable notice.
2. CGE's Ownership.
2.1. CGE is the owner or licensee of all rights, titles, and interests in and to the Games that are produced and developed by Czech Games Edition, s. r. o. or CGE Digital, s. r. o. ("CGE Games"). The following components of the Game are owned or licensed by CGE:
2.1.1. All virtual content appearing within the Game, such as:
18.104.22.168. Visual Components: Locations, artworks, structural or landscape designs, animations, and audio-visual effects;
22.214.171.124. Narrations: Themes, concepts, stories, and storylines;
126.96.36.199. Characters: The names, likenesses, inventories, and catchphrases of Game characters;
188.8.131.52. Items: Virtual goods, such as digital cards, currency, skins, sprays, pets, etc.;
2.1.2. All sounds, musical compositions, recordings, and sound effects originating in the Game;
2.1.3. All recordings, Game replays, or reenactments of in-game battles, duels, etc.;
2.1.4. All data and communications generated by, or occurring through, the Game;
2.1.5. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Game;
2.1.6. All Accounts, including the name of the Account. All use of an Account shall go to CGE's benefit. CGE does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account.
3. Consent to Monitor. WHILE RUNNING, THE GAME MAY MONITOR YOUR COMPUTER, CONSOLE OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1.3. ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO CGE, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) CGE MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to CGE in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to CGE receiving and/or using this data.
4. Limited Warranty. FOR RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM THE WARRANTIES APPLY AS PER APPLICABLE STATUTORY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM THE FOLLOWING APPLIES: THE PLATFORM 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. CGE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5. Limitations of Liability.
5.1. CGE may be liable in accordance with statutory law (i) in case of an intentional breach, (ii) in case of gross negligence, (iii) for damages arising as a result of any injury to life, limb or health or (iv) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard for one's basic duties.
5.2. Without limiting the foregoing, you agree and acknowledge that CGE may be liable for slight negligence only in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfilment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
6. Indemnity. You agree to indemnify, defend and hold CGE 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 Game.
7. Equitable Remedies. You hereby agree that CGE would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
8. Modification of the Agreement. CGE may, from time to time, change or modify this Agreement as its business and the law evolves. In this case, CGE will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within four (4) weeks following the special notice, your continued use of the Game will mean that you accept the amended Agreement.
9. Term and Termination and Sanctions.
9.1. Term. This Agreement is effective upon your creation of the Account and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Game.
9.2. Termination and Sanctions. You are entitled to terminate this Agreement for any legitimate reason as may be specified by applicable law or relevant court decision, subject to prior written notice by contacting CGE at email@example.com.
We are entitled to either suspend or terminate this Agreement in the following situations:
9.2.1. If you fail to comply with any terms contained in this Agreement and/or the Code of Conduct, CGE will provide you with a warning of your non-compliance. The sanction will be graduated depending on the violation (notably temporary/definitive suspension of the Game or the Account, Removal of the account stats/level rating, silence). In case of a serious violation of this Agreement, or the Code of Conduct, CGE will be entitled to immediately terminate this Agreement, the access to the Game license without any prior warning upon notification. In its sole discretion CGE may decide to replace the immediate termination of this Agreement with a less severe sanction or a combination of sanctions which can be:
184.108.40.206. A temporary suspension of the Account and/or the Game(s). The length of the first temporary suspension may vary due to the severity of the violation and the Game.
220.127.116.11. "Silence" the Account or Game(s). CGE may temporarily or permanently disable the possibility to use the Account/Game's communication tool(s) such as in-game text and voice chats.
9.2.2. In the event of any termination of this Agreement, your right to access and play Games will be revoked.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Czech Republic.
11.1. CGE may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights under this Agreement. You may not assign this Agreement without CGE's prior written consent, and any unauthorized assignment by you shall be null and void.
11.2. CGE's failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, CGE may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
11.3.1. If to CGE. All notices given by you under this Agreement shall be addressed to firstname.lastname@example.org.
11.3.2. If to You. All notices given by CGE under this Agreement shall be given to you either through email, website, blog post or by any other means of communication chosen by CGE.
11.4. CGE shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CGE, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, natural disaster, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
11.5. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
11.6. This Agreement constitutes and contains the entire Agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written Agreements.
CGE games offer a place to interact with other players in several different ways. Players can compete or cooperate based on the specific game and in-game conditions, but we never accept any form of abuse, rudeness, etc.
When communicating with other players, you are always responsible for your behaviour. You should not use language that could be offensive or rude to others.
Hate speech and discriminatory language are inappropriate. Any form of obscene or disruptive language is forbidden. Threatening or harassing another player is always unacceptable, regardless of the specific language or wording used. Violating any of these expectations will result in account restrictions. More serious or repeated violations will result in greater restrictions.
Names are subject to the same rules established above. Any name the player has the ability to customize must be appropriate. Any name that violates our standards or disrupts the community will be changed, and additional limitations may be applied.
Take note that acceptable names are determined by player reports and CGE's decision.
Cheating in any form will result in immediate action. Using third-party programs to automate any facet of the game, exploiting bugs, or engaging in any activity that grants an unfair advantage is considered cheating.
Exploiting other players is an equally serious offence. Scamming, account sharing, win-trading, and anything else that may degrade the gaming experience for other players will receive harsh penalties.
If you're unsure your actions violate this code of conduct, reconsider them. We reserve the right to restrict offending accounts as much as necessary to keep CGE games a fun experience for all players.