Terms of use
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Acceptance of Terms
These Terms of Use (“Terms” or “Agreement”) apply to your download, access and/or use of Agranum Softworks d.o.o. (“Company”, “we”, “our” or “us”) games, specifically Fashioncat or other games or apps on your computer, on a mobile device, or access and/or use of our website fashioncat.info (the "Website") or any other website, device or platform (Collectively “Services"). These Terms include our policy for acceptable use of the Services and govern your rights, obligations and restrictions regarding your use of the Services. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. By using the Services, you agree to be bound by this Agreement.
We may modify this Agreement from time to time and such modifications shall be effective upon posting on the Services. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy:
https://www.fashioncat.info/privacy-policy,
which explains how we collect and use your content and information. Please read the Privacy Policy.
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License
You agree that all information, data, text, software, music, sound, photographs, graphics, video, or other materials, including Virtual Items and Currency as defined below, contained in the Services belong to us or our licensors and service providers. Subject to Your compliance with these Terms, we grant You:
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a non-exclusive right to access and use the Services solely for Your personal, non-commercial entertainment purposes;
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subject to the restrictions in Section 6, the limited right to post short walkthroughs of the Games and share screenshots on gaming forums, YouTube and blogs for the purpose of showcasing the game and for providing genuine, fair reviews; and
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a non-transferable, non-exclusive, license to download, install and use one copy of the Services from the App Store or from Google Play Store on a device that you own and control for your own use.
You represent and warrant, that Your use of the Services will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. If You violate any of these Terms, we reserve the right to terminate Your license without notice.
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Your Account
When you access and/or user our Services for the first time, you may be required to register by opening an account ("Account") or by signing in via a third-party tool (such as Facebook, Google and Twitter) ("Third Party Tool"). Note that some of our Services may not work without opening an Account.
If you open an Account, you may be required to provide us your personal information which may include your name, username, photo, birth date, e-mail address, and, in some cases, payment information. and will be required to register a password or to otherwise allow us to access your account and personal information through a Third Party Tool ("Login Information"). Note that should you choose to create your Account using any Third Party Tool, certain User data that you either provide us or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party), including your user name and photo, may be published on your User profile and may be made available to other Users. This information will be held and used in accordance with our Privacy Policy at https://www.fashioncat.info/privacy-policy.
You agree not to share your Accounts details with anyone or to use another’s Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You agree that you shall be responsible for maintaining the confidentiality of Your account information (including usernames, screen names, and passwords and billing information). You will be liable for all uses of your Login Information, including purchases, whether or not authorized by you. You are responsible for the activities occurring under Your account and You will be liable for any losses or damages incurred by us or any third party due to someone else using Your account.
In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information.
You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself.
We reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party's rights or otherwise violate these Terms. If for any reason you wish to modify your Login Information or other personal information associated with your Account, you may do so by contacting us at agranum@agranum.net. If you wish to terminate or close your Account, your Account will be terminated and removed within a reasonable timeframe following our receipt of your written request, and from the date of termination you will no longer be able to access your Account, including any Virtual Items (both terms as defined below) associated therewith.
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Virtual Items
Our Services may allow you to “earn” or “purchase” (a) virtual currency, including but not limited to fashion coin, silver, gold and/or points, all for use in the Services; (b) virtual in-game items including but not limited to virtual clothes, shoes, hat and other accessories (together with virtual currency); or (c) certain in-game benefits ("Virtual Items”). Virtual Items have no real or monetary value and can never be exchanged for real money, real goods or real services from us or anyone else including in the event that you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not, however, you may transfer and/or request Virtual Items to and/or from other Users using the Services.
Prices for all Virtual Money, Virtual Goods and Subscriptions exclude all applicable taxes unless otherwise indicated. To the extent required by law, you agree to pay any such applicable taxes and any other charges in line with applicable law. If you live in the European Union, you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Items to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Items are successfully credited to your account on our servers. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion.
We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you at any time.
We may revise the pricing for Virtual Items offered through the Services at any time.
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CHARGE
Subject to above clause 4 of this Terms, our Services are provided on free of cost basis. Once you download and/or use our Services, you will have access to the most of the feature and functions of the Services. However, access to some and/or addition features and functions within the Services may require one-time payment for buying premium version of the Services. Purchase of such premium version can be made from either Google Play Store or IOS App Store. Such feature and function may include additional Virtual Items and/or advertisement free use of our the Services. We reserve the right to modify, terminate or otherwise amend charge of the premium version and including right to modify, terminate or otherwise amend any function or feature provided by paying for the premium version of the Services.
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User Conduct and Content
You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times. You agree not to upload, communicate, transmit or otherwise make available any Content or otherwise use the Services in any way
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that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
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that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights;
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that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
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which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
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which infringes any intellectual property right or other proprietary right of others;
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which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
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which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree that you will not:
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use our Services to harm anyone or to cause offence to or harass any person;
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create more than one account per platform to access our Services;
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use another person or entity’s email address in order to sign up to use our Services;
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use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
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disguise, anonymise or hide your IP address or the source of any Content that you may upload;
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use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
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remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
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interfere with or disrupt our Services or servers or networks that provide our Services;
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attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
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'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
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sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Items;
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disrupt the normal flow of the Service or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
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disobey any requirements or regulations of any network connected to our Services;
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use our Services in violation of any applicable law or regulation;
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use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
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use our Services in any other way not permitted by these terms.
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Violate any applicable local, state, national or international law or regulation.
If you are concerned that someone else is not complying with any part of these terms, please contact us at agranum@agranum.net.
You agree that any Information, data, software, sound, photographs, graphics, video, messages, tags, or other materials sent, uploaded, communicated, transmitted or otherwise made available via our Services by you (“Content”) shall comply with the following:
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You shall not, and shall not permit or cause any other party, to post, upload or submit to the Service any User Contributions, including any content or materials submitted via any interactive features available from within the Service, that violates these Terms or that contains or links to Objectionable Content. "Objectionable Content" means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist, (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law, regulation or government policy, (iv) libelous or defamatory, (v) violates the intellectual property, privacy, publicity, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vi) software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam".
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You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you post or upload at the time of posting, that the User Contributions are accurate and not fraudulent or deceptive, and that the User Contributions do not violate these Terms or the rights of any third party, and will not cause injury to any person or entity.
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Any User Contribution that you upload or post will be considered non-confidential and non-proprietary, and you grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media.
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You understand that your User Contributions may be copied by other of the Services’ users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. We take no responsibility and assumes no liability for any content posted by you or any third party. We have the right (but not the obligation) to monitor and edit or remove any User Contributions, and has the right to terminate your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.
Breach of any of these rules or of any other prohibitions contained in these Terms may subject you to suspension or termination of your Account and right to use the Service, in whole or in part, including by limiting or revoking your rights to use certain features within the Service, in Company’s sole discretion, and may subject you to civil or criminal penalties.
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Intellectual Property
The Services, Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Apps) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively, “Intellectual Property”), are owned by and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Apps are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
By submitting Content via our Services, you:
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are representing that you are fully entitled to do so;
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grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
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acknowledge to waive any “moral rights” in the Content, for example the not to be named as the creator of your model looks and styles created using Virtual Items; and
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agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
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Advertisement
By using our Services, you may be offered advertising content. As such, you warrant that you agree with our Privacy Policy in relation to advertising. For more information, please refer to our Privacy Policy at ________________. Please note that we make no warranties or representations concerning such advertisements, whether or not we have control over such advertisements. The Company, ad networks, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings from such advertisements. You agree that you will not be entitled to any compensation with respect to such monetary amounts.
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Availability of the Service and Accuracy
In order to use our Services, you are required to have a compatible mobile phone or tablet, and internet access. The Service is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 10.0 and Android Operating system 4.1 (API 16) or later. We do not warrant that the Service will be compatible with all hardware and software which you may use. We make no warranty that your access to the Services will be uninterrupted, timely or error-free. In particular, in relation only to any Virtual Item or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services, then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
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Indemnity
You agree to defend, indemnify and hold harmless the Company, its vendors, including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising from: (i) your use, misuse of , inability to use and/or activities in connection with the Apps and/or Content; (ii) your violation of the Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Apps; and (v) your User Generated Content. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
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No Liability for Lost Data
You hereby undertake to not held us liable for any loss, deletion, removal, or failure of delivery (“Losses”) of any of your content stored with us, whether caused by virus, unauthorised access, malicious attack or otherwise unless such Losses are solely attributable to us.
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Third-Party Links
Our Service may contain links to third party websites, including advertisement that are not owned or controlled by us. Therefore, we assume no responsibility of any third-party website, in reference to their content, privacy policy, or practices.
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Warranty and Representation
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SERVICE, CONTENT, USER GENERATED CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMPANY, ITS VENDORS AND LICENSORS (INCLUDING APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
The Service is controlled, operated and hosted from within the EU. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk.
Furthermore, you hereby warrant that you are capable of agreeing to the Terms and that this Agreement is not in contravention to any rights of any party with whom you have any agreements, at any time prior to your acceptance of the Terms.
You agree to provide and continue to provide all details about yourself as may be required by us, including but not restricted to Personal Information, and state that all details, information and facts represented to us are true, complete and accurate.
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Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICE OR ANY OTHER ACT OR OMISSION BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
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Cancellation and Termination
IN THE EVENT THAT WE SUSPECT THAT YOU HAVE VIOLATED OR MAY VIOLATE ANY OF THESE TERMS, ANY PLATFORM TERMS OR ANY APPLICABLE LAW, OR THAT YOUR ACCOUNT HAS BEEN USED OR MAY BE USED IN SUCH A WAY, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE PLATFORM) MAY HAVE IN CONNECTION WITH THE FOREGOING, WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY (WITHOUT NOTICE) TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICE, IN WHOLE OR IN PART (INCLUDING BY LIMITING OR REVOKING YOUR RIGHTS OR ACCESS TO CERTAIN, SERVICES, SERVICES CONTENT OR ANY FEATURE OR FUNCTIONALITY THEREIN). IN SUCH EVENT, YOU WILL FORFEIT ANY CONTINUING RIGHT OR LICENSE TO USE ANY GAMES CONTENT, INCLUDING ANY VIRTUAL ITEM, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU OR ANY OTHER PARTY MAY ALLEGE IN CONNECTION WITH SUCH ACTION.
We reserve the right to terminate an Account that has been inactive for at least 365 consecutive days. You will not receive money or other compensation for Virtual Items associated with your Account when it is closed, deleted or otherwise terminated, regardless of whether such action was voluntary or involuntary.
We further reserve the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof including any feature or functionality available in the Services), at any time and without providing any prior notice.
In the event that we terminate your Account, you may not use or access the Service again without our express permission. We reserve the right to refuse Accounts for, and to provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: agranum@agranum.net
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Privacy
Our Privacy Policy, which is incorporated by reference into these Terms, sets out how we use, protect and disclose your personal information.
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Governing Law and Claims
This Agreement shall be governed by and construed in accordance with the laws of the EU and the Country of Croatia.
We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you choose to access or use the Services from or in locations outside of the Croatia, you are responsible for:
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ensuring that what you are doing in that country is legal; and
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the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.
Any claims shall be exclusively decided by courts of competent jurisdiction in Zagreb, Croatia and that applicable law shall govern, without regard to choice of law principles.
If you ever wish to seek any relief from us, you agree to waive the ability to any action.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Services provided by this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
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General
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Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
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Assignment of Rights
You may not assign your rights and/or obligations under this Terms to any other party without our prior written consent. We may assign our rights and/or obligations under this Terms to any other party at our discretion.
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Changes
We may change this Terms from time to time and at our sole discretion. Changes to this Terms are effective when they are posted on this page. We encourage you to frequently check and review our Terms to stay informed. Your continued use of this site after any change in this Terms will constitute your acceptance of such change. If you disagree with any changes to this this Terms, you will need to stop using our service and deactivate your account.
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Waiver
Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
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Final Provision
Any provision of these Terms declared invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability, without causing invalidity or unenforceability of the remaining terms or provisions of these Terms.