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Terms and Conditions

SUBJECT OF TERMS AND CONDITIONS

These Terms of Service govern your relationship with mobile game developer Xi4G Sp. z o.o., located at Św. Mikołaja 51/52, 50-127 Wrocław (“Xi4G” or “we”). We are a publisher of games and mobile games made available on iTunes App Store, Google Play and Amazon Appstore, also on other platforms, such as Facebook (our “Games”).
Please read the following Terms of Service carefully before accepting them and using our Games.
Each time you download one of our Games to your device or connect to one of our Games on Facebook, a new User Agreement is concluded and its terms apply to your use of the specific Game that you accepted these Terms of Service for.
If you choose to disagree with these Terms, you may not use our Games.


1.1 Your relationship with Xi4G will be governed by these Terms of Service as well as Privacy Policy.

1.2 App stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.

1.3 You confirm that you are 14 years or older. If, however, you are younger than 18 years of age, you can only download or connect to our Games and play them provided that your legal guardians have reviewed our Terms of Service and allowed you to download or connect to our Game on Facebook and play our Game. If such a necessity occurs, we may require you to provide proof of identity or consent from a parent or a guardian.

1.4 You confirm to us that you are accessing our Games as a private person. Any commercial use of our Games is not allowed.

General Rules

2.1 Our Games are available to play for free, to be downloaded from a given app store.

2.2 If such a necessity occurs, you may purchase virtual items (e.g. virtual Coins, Crystals, Books, Resources etc.) to speed up and improve your game flow as well as progress of the game. You achieve this by spending real money, issuing a purchase according to the terms of conditions of a given app store. Prices for Virtual Items include applicable statutory turnover tax. Your purchased items may be refunded if such a situation occurs. By purchasing a specific set of virtual goods, you confirm that you acquire a finite license to use them to advance your progress in the Game itself.

2.3 An Internet connection is required to be able to play our Game. You confirm that you are aware that the quality of the Internet is subject to your Internet service provider.

2.4 We reserve the right to change the Game’s functionalities or remove existing ones in order to improve player experience. We continuously add new content to the game, which will continue indefinitely. We as Xi4G are under no obligation whatsoever to continue providing either support or updates for versions of a Game that are not yet up-to-date.

2.5 We may ask you to update the game in order to improve your game experience the improve the Games’s capacties on your device. In doing so, we act only in our players’ best interest and quality of the Game itself.

2.6 Technical issues may occur while playing. This may occur beyond Our control and we always strive to repair the issues as quickly as possible

OWNERSHIP

3.1 Xi4G owns or has licensed all rights, title and interest in and to the Games including all content (except for content created by users), software, program code, graphics, texts, game titles, and trademarks.

3.2 Please note that your can play our Games only for your personal use. The Virtual Goods purchased in the Game serve only purposes of the game itself, and they are not to be use outside of the Game. We as a company grant you a non-exclusive, non-transferable, non-sublicensable limited license to download our Games. This license means that you are entitled to use this license provided that you comply with our Terms of Service.

3.3 The Virtual Goods offered in the game are to be used solely in the game itself. They may never be owned or used in another Game. When you have exploited the Virtual Goods, that is tantamount to final expiring of the resources.

USER CONDUCT

4.1 You shall download and connect to and play our Games only for your personal use and according to these Terms of Service, any app store and platforms terms and applicable law.

4.2 Our Game is to be played and downloaded only and solely on the appstores and platforms we officially publish our Games on. You are to play our Games on devices and platforms that we provide to play our Games on.

4.3 You are strictly prohibited to interfere with Game gameplay and that includes any manipulations involved in the Game’s software, backend or related matters. In particular and without limitation you are strictly prohibited to: create, distribute or make use of hacks, exploits, cheats, or any other unauthorized application, tool or command that modifies the Game or gameplay or circumvents technical protection measures in a way not intended by Xi4G; decompile, disassemble or reverse-engineer our Games; create, distribute or use any kind of malware (e.g. computer viruses, Internet worms, Trojan horses, hoaxes, dialers); distribute, provide or acquire our Games or Virtual Items by means other than explicitly facilitated by Xi4G. It also remains forbidden to collect unauthorized data and information about Xi4G and our Games. All of these actions remain strictly prohibited and are not in agreement with these Terms of Service.

4.4 If such a need appears to provide information or data, it is your obligation to provide them in full detail and keep them up to date.

USER INFORMATION AND CONTENT

5.1 Our Games may allow you to login to social media accounts, such as Facebook, and for exchange You are given rewards in the form of Virtual Goods in the Game. When you interact with other users or make content available via our Games, you are never allowed to: post any kind of content or information that breaches applicable law including third-party rights, e.g. rights in intellectual property, rights to privacy or rights to confidentiality; post or use any communication or content that is abusive, unethical, racist, obscene, pornographic, discriminating, harmful to minors or endorses violence, or is objectionable in any other way; insult, threaten, provoke or harass others including other users as well as Xi4G and its employees and partners, for example, by using abusive language, stalking or spamming; post or use any communication or content for commercial purposes; link or refer to any source outside our Games that is in breach of this section.

5.2 Xi4G as a creator of the Game and all its content, is not obliged to monitor communication made between users of the Game, and does not take any responsibility for it. Any person that makes communication or content available via our Games remains solely responsible for such communication and content, so you remain responsible for your communication and content. You shall indemnify Xi4G against all and any claims that are brought against Xi4G as a result from your breach of Sec. 5.1, unless not caused by your fault.

5.3 We would like to reserve the right to remove such kind of communication and content, if we deem it not in agreement with third party rights or any other applicable law. If in any case it happens that you have noticed any infringement or breach of these Terms of Service, please write to us at office@xi4g.com.

5.4 If you choose to make any kind of content available via our Games, it remains a sole right of Xi4G to use this content, adapt it and publish it in all media to our own purposes. By agreeing to these Terms of Service, you agree to give this right to Xi4G. You may withdraw from this grant of rights by contacting us at office@xi4g.com.

LIABILITY AND LIMITATION OF LIABILITY

6.1 Nothing in these Terms of Service shall limit Xi4G’s liability where applicable law does not allow for such limitation. In particular, Xi4G’s liability shall not be limited:

for death or individual injury from Xi4G’s or any of our statutory representatives’ negligence or any form of malice; in case Xi4G has assumed an explicit quality guarantee; in case Xi4G is liable according to the Polish Product Liability Law.

6.2 Without prejudice to Sec. 6.1 and only where applicable law allows for such limitation, Xi4G shall only be liable for Xi4G’s or any of our statutory representatives’ or agents’ slight negligence, if this causes a breach of an essential obligation under this User Agreement (obligations that need to be fulfilled in order to achieve the purpose of this User Agreement and on whose fulfillment a User can usually rely upon). In this case, Xi4G’s liability shall be limited to predictable damages and losses that usually occur in these cases. Any further liability of Xi4G is excluded.

CONTRACT DURATION AND TERMINATION

7.1 This User Agreement is valid for an indefinite term.

7.2 Either party may terminate this User Agreement at any time by giving a 14-day notice (the form of it may be electronic, via e-mail, or written). If you wish to terminate this User Agreement, you can do so with immediate effect by simply deleting the Game from your device or any other device on which you have played the Game.

7.3 If we as Company notice any trace of the fact that you have breached any of these Terms of Service, we reserve the right to suspend your access to our Game and terminate this User Agreement.

7.4 Either party may terminate the User Agreement for cause without giving notice. Grounds for such termination for cause include material breach of these Terms of Service.

7.5 In the case of expiry, you will not be able to play our Game any more. Any data connected with your data progress will be completely deleted. This data cannot be restored then. If Xi4G continues operating the Game, you may again download the Game whereby a new User Agreement will start to run.

FINAL PROVISIONS

8.1 We as Xi4G reserve the right to transfer all or a part of its rights or obligations pursuant to this User Agreement to a third party without your consent. If you wish to transfer your rights and obligations under this User Agreement, you may do so only with our prior written approval.

8.2 We solely reserve the right to amend these Terms of Service at any time. We will also inform you about amendments by a special notice no later than four weeks before such changes come into full effect, either by notifying you inside the Game itself or by providing a specific description of the Game update on a given Platform. You may naturally object to the changes within four weeks from such notice. If it happens that you do not object within a four-week period, it will be assumed that you fully accept them. If you object, we may terminate this User Agreement in accordance with Sec. 8. When we inform you about the amendments we will also inform you about the deadline for objecting to the amendments and consequences if you fail to object.

8.3 This User Agreement is governed by Polish law. If your place of residence is outside of Poland at the time you enter into this User Agreement, some mandatory provisions of law in your own jurisdiction concerning applicable law will simply remain unaffected and still apply in this situation.

8.4 If any provision of these Terms of Service is held to be invalid or impossible to enforce, validity and the possibility to enforce those of the remaining provisions will not be affected.

Poland 2019