LEGAL TERMS AND CONDITIONS OF THE GAME BALL GUYS: FURRY ROAD
The present Terms and Conditions of use of the services offered by SecondWorld are the regulations of a Game and/or application still under development (the «Alpha Version»); therefore, it is expressly informed that these platforms may undergo profound modifications that will inevitably alter the content of the present Agreement as the versions of the Game advance.
2. VERSION HISTORY
|1||January 20th, 2023||T&C Tailoring Set Alpha version|
3. LEGAL TERMS AND CONDITIONS
These «Terms and Conditions» and/or the «Agreement» constitute a legal agreement between you and SecondWorld, OÜ (the «Company» and/or «SecondWorld«), which regulates the access and use by users (the «User«) to the game Ball Guys: Furry Road (the «Game«) as well as the use of the Game indirectly from third party platforms such as Google Play, AppStore or others (the «App Stores«).
Please read these Terms and Conditions carefully, as the fact of accessing and/or using the Game implies knowledge and full acceptance of the legal warnings and conditions, without reservation, detailed below.
The access and use of the services and/or contents offered to the User in the Game are subject to these Terms and Conditions that the User, before accessing or using these services and contents, must read carefully.
The use of such services and contents will express in any case the full and unconditional acceptance of the Terms and Conditions in the version published by the Company at the moment of accessing the Services.
Currently, the use of the services and/or contents offered to the User in the Game are in the Alpha development phase, i.e. they are services that may be incomplete in terms of limitation of services, but not in terms of their operation. The services offered may be drastically modified, and, therefore, the content of these Terms and Conditions may also be modified. If these Terms and Conditions are updated, and the User continues to enjoy any services and/or content offered through SecondWorld’s platforms, the User accepts these new Terms and Conditions.
The duration of the Agreement between the User and the Company is stipulated for an indefinite period, although the User and the Company (the «Parties») are competent to terminate the contractual relationship at any time either by ordinary termination or for breach by the User of any of the rules of these Terms and Conditions.
4. CONTENT OF THE GAME
The object of the Game consists of multiplayer races of animated balls.
Therefore, in the Game the Company organizes participation in tournaments and/or non- professional competitions, in which only competitions of skill games are organized; therefore, the skill, ability and skill of the Users are the factors that determine the winners.
Consequently, the Game does not include any elements of chance and/or randomness, which is why they are outside the sectorial regulation of Games of Chance.
5. USER ESTATUS
The access to the Game, as well as any access to any of the contents available in it, attributes the condition of User of the Game and implies the acceptance without reservations of all the conditions included in these Terms and Conditions at the moment in which such access or use occurs (or both simultaneously).
Any person who transmits information, registers, or participates in or through the Game will also be considered a User, which also implies full acceptance of these Terms and Conditions.
The use of this Game is reserved for those over 14 years of age (the «Minimum Age«), therefore, by accepting these Terms and Conditions, the User declares to be at least 14 years of age and agrees not to use the services related to the Game if he/she is not at least 14 years of age. If the User is between 14 and 17 years of age, or is not authorized to enter into agreements such as these Terms and Conditions, he/she declares that his/her legal guardian or one of his/her parents has reviewed and accepted these Terms and Conditions.
In all cases where the User is a minor, it will be required to attach authorization from their legal guardians by which they authorize the minor to use the services of the Game, under the same Terms and Conditions stated above. The fact of accessing and/or using the Game and the services and/or completing the registration process, means that both the minor and his/her legal guardians have read, understood, and accept, without reservation, these conditions.
Said authorization of the legal guardians of the minor must be attached and sent together with the Identity/Passport Documents of the subjects and document of accreditation of the relationship of legal guardian with the minor and/or kinship, to the following e-mail address: firstname.lastname@example.org
6. PLAYER REGISTRATION
The User, in order to enjoy certain contents of the Game and/or participate in the non- professional competitions, must register as a «Player» through the Game button configured for this purpose.
Through this button you can access the registration form, which allows you to create an account in the Game, by expressly authorizing the User to collect the following data:
- User’s Name.
- User’s Age.
- Country and region of residence.
- Identifier, alias or nickname.
- E-mail address and password.
All information provided by the User through the Game forms must be truthful. For this purpose, the User guarantees the authenticity of all data provided and undertakes to keep the information provided to SecondWorld perfectly updated, so that it corresponds, always, to the real situation of the specific User. In any case, the User will be solely responsible for any false or inaccurate statements that may be made through the Game, as well as for any damages that may be caused to SecondWorld or third parties for the information provided through the Game.
The Company reserves the right to require the User to change his/her player’s name (identifier, alias or nickname) at any time.
The password must be generated by the User in accordance with the rules of robustness and complexity established from time to time by SecondWorld, of which the User will be informed, by default, when the password provided by the User does not meet the standards. Thus, if the User selects a password that does not meet the minimum requirements of the approved password policy, the User will be notified of such non-compliance and will receive instructions on the conditions that such password must meet in order to be valid.
The password created by the User shall be valid for an unlimited period, although SecondWorld recommends changing it periodically through the mechanisms established for this purpose in the User’s profile.
The registered User expressly declares to know that the User account is personal and non- transferable and assumes any liability arising from making it available to third parties other than the User. By way of example and without limitation, the User will be responsible for any damages
that may arise from the use of the Game by any third party that uses a password or User identifier because of a non-diligent use, unauthorized transmission, or loss of these by the User.
The User undertakes to make diligent use of his/her password, to keep it secret, and not to transmit it or share it with any other person or entity. Consequently, the User expressly declares to know that he/she is solely responsible for the proper custody and confidentiality of any identifiers (player names, aliases, or nicknames) and/or passwords that he/she has selected as a registered User of the Game.
By virtue of the foregoing, the User must immediately notify SecondWorld of any event or act that allows the improper use of the identifiers and/or passwords, such as, for example, theft, loss, or unauthorized access to them, so that SecondWorld can proceed to their immediate cancellation. If such circumstances are not communicated by the User, SecondWorld will not be in a position to have effective knowledge of them and, therefore, in no case will it be possible to be held responsible for any misuse of the identifiers and/or passwords by unauthorized third parties.
Access to the contents of the Game is free and/or «Free to Play» as a general rule.
However, there may be sections and/or specific services that require for their use and enjoyment the payment of an economic amount, as well as the purchase of virtual objects as internal currencies of the Game and/or «Pay to Play«.
In these cases the User will receive prior to its use or enjoyment all the information regarding costs and means of payment, and its express acceptance of the terms of contract will be requested prior to any charge, as well as its use or enjoyment by the User.
In any case, the services offered can only be acquired through the official store in the Game and cannot be exchanged between Users, sold, or converted to real money, neither within nor through third party applications or devices.
Some Game Services accessible to Users or exclusive to Players may be subject to special conditions, regulations and instructions which, if applicable, replace, supplement and/or modify these Terms and Conditions, and which must be accepted by the User prior to the start of the corresponding service. Such Services include the possibility of participating in competitions or games with various rewards within the Game, the terms, and conditions of which shall be those specifically regulated in each case.
8. IN-GAME PURCHASES
In-Game Purchases are available for purchase. The Company may license to you certain virtual goods or other content (e.g., in-game items or in-game currency) that may be used in the Services and that you may purchase with real fiat money or earn or redeem through the Game (the
«Virtual Items«). The Virtual Objects are licensed to you under a limited, personal, non- transferable, non-sublicensable, revocable license for non-commercial use only.
Unless expressly authorized in the Services, you may only purchase Virtual Objects from SecondWorld or its authorized partner, and the transfer or sale of Virtual Objects is prohibited.
Virtual Objects have no equivalent value in real world money and are not a substitute for real world money. Neither SecondWorld nor any other person or entity has any obligation to exchange Virtual Items for anything of value. SecondWorld shall not be liable for any piracy of or loss of your Virtual Items.
Some of the Virtual Objects such as currencies in the Game have an equivalent value in real world money and substitute for ordinary fiat money within the real world. SecondWorld is therefore obliged, at the User’s request, to exchange virtual items for items of real value. SecondWorld shall not be liable for any piracy actions in connection with its Virtual Objects or the loss thereof.
The price and availability of Virtual Items are subject to change upon thirty (30) days’ notice.
All purchases and redemptions of Virtual Items made through the Services are final and non- refundable. You acknowledge and agree that the Virtual Items are delivered to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the purchase is initiated. Accordingly, you agree that SecondWorld is not obligated to refund the Virtual Items to you for any reason. You further agree that you will not receive any money or other compensation for any Virtual Objects that you do not use, regardless of whether the loss of your license under these Terms was voluntary or involuntary. The foregoing provision does not affect your rights under applicable law, including any rights you may have under the statutory warranty of conformity described in the «Disclaimer» section.
Notwithstanding the foregoing, the User may exchange with SecondWorld the currencies in the User’s possession for their equivalent in fiat money, provided that the User complies with the legal requirements of these Terms and Conditions.
If the User requests the deletion of his or her personal data as described in SecondWorld’s Privacy Notice, you will permanently lose all your Virtual Objects without the right to a refund, as SecondWorld will no longer be able to associate such Virtual Objects with you.
9. OBLIGATIONS OF THE USER
The User agrees to make proper and lawful use of the Game, in accordance with applicable law, these Terms and Conditions, morality and generally accepted good customs and public order, agreeing to indemnify SecondWorld for any damage or harm that may be caused to the Company, for violation of any of the Terms and Conditions and / or current legislation.
Once the User enters a competition that contains a cost in virtual coins, if the User disconnects from the server for reasons not attributable to the SecondWorld Company (either by voluntary or involuntary disconnection of the User), the balance of coins will not be returned in any case to the User.
To respect and comply with the provisions of the rules, without in any case be able to perform acts that violate the rules of the game, or develop actions that, directly or indirectly, involve an infringement of those or adulterate the normal and ordinary development of the game and/or other participants, both in the Game itself and on the platform of third party operators, always respecting the principles of sportsmanship and fair play.
In any case, Users must compete always using only their skill, which is why it is forbidden to carry out any kind of cheating or actions that undermine the integrity of the competition and prevent the normal development of the same.
Consequently, the User shall be solely responsible for any damage or harm, direct or indirect, that may be caused to another person for breach of the conditions set forth in this section, as well as for damages caused to the Company for the incorrect use of its Services and for providing data that are not true, accurate, complete, and current.
In the event that the Company becomes aware by any means of fraudulent use or use contrary to the legal conditions of the Game or the Services by the User, it reserves the right to expel the User, as well as to block or prohibit the User from accessing and using the Game and the Services without prejudice to any legal actions that may correspond to the User in accordance with the law (i.e. compensation for damages, etc.).
In any case, the User will be the only responsible for any damage or harm, direct or indirect, that could be caused to another person for the breach of the conditions established in this section, as well as for the damages caused to the Company for the incorrect use of its Services and for providing data that are not truthful, exact, complete, and current.
In the event that the Company becomes aware by any means of fraudulent use or use contrary to the legal conditions of the Game or the Services by the User, it reserves the right to expel the User, as well as to block or prohibit the User from accessing and using the Game and the Services, without prejudice to any legal actions that may be available to the User by law (i.e. compensation for damages, etc.).
10. USER PROHIBITIONS
By way of example, and not limitation, the following actions will be considered prohibitions within the Game, for which reason they may be punishable:
- Registering or communicating data that is not true, exact, complete and/or up to date or creating different profiles with different data for your own use.
- Accessing the Game using the name or password of another User or impersonating any person or identity.
Use the Game for uses other than personal and private use and for mere private and personal access to the information offered by the Company.
Restrict or prevent any other User from using and enjoying the Game.
Send or disseminate information, codes or contents that may reduce, damage, disrupt or prevent the normal use of the Game by any User, and/or that may damage or harm the equipment or property of the Company, third party suppliers or other Users, including, without limitation, malicious applications, viruses, logic bombs, mass mailings, etc.
Introduce or insert advertising, directly or indirectly, of any kind, of its own or of third parties in the Game or in the provision of the Services of the Company or send in any way commercial communications of any kind to other Users, to the Company or to third parties.
Store, download or copy personal data to which the User may have access through the Game, except for those cases in which the Company expressly allows it due to the provision of the Services.
Introduce content or data that may be offensive to other Users or suppliers of the Company, or to any third party, or that may infringe the present conditions, the particular conditions of each service or any regulation that may be applicable (including data protection regulations, intellectual property, among others).
11. RIGHT OF WITHDRAWAL
The User has the right to withdraw from these Conditions within 14 days from the time of acceptance. You also have the right to withdraw from the purchase of a license of a virtual object or a service within 14 days from the date of purchase.
The User is not obliged to justify its exercise of the right of withdrawal. However, he/she is not entitled to withdraw from a purchase if he/she has consented to the Virtual Object or Service being provided to him/her in its entirety during the withdrawal period and has acknowledged that he/she thereby loses his/her right of withdrawal.
To withdraw from these Terms, the User must inform SecondWorld of its decision and stop using the Services. To withdraw from the purchase of a license to a Virtual Object or a Service, you must inform the registered merchant, which may be SecondWorld or the authorized partner of SecondWorld through which you made the purchase. Please note that SecondWorld cannot and is not obligated to honor your request to withdraw from a purchase where SecondWorld is not the merchant of record.
In order to inform SecondWorld of your decision to withdraw, the User must send an unequivocal statement of your decision by e-mail before the withdrawal period expires.
If the User withdraws from the purchase of a license of a Virtual Object or a Service, the User is entitled to a refund of the purchase without undue delay and, in any event, no later than 14 days after informing the registered trader of his decision to withdraw from the purchase. The refund will be made by the same means of payment that the User will use for the initial payment, unless otherwise agreed. You will not bear any costs because of such reimbursement.
12. PERSONAL DATA
For the purposes of the provisions of the General Data Protection Regulation, 2016/679 of 27 April 2016 (the «GDPR«) and other applicable legislation on privacy in force at any given time, the Company informs its Personal Data Protection Policy to Users and any third party that provides it with their personal data, by means of a separate document prepared for this purpose.
13. DURATION AND TERMINATION
The access and provision of the Game has an indefinite duration, notwithstanding the fact that the Services have a limited duration. The Company, however, is entitled to terminate, suspend or interrupt unilaterally, at any time and without prior notice, the access and availability of the Game and/or the provision of any of the Services.
The Company reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Game, as well as to update, modify or delete the information contained in the Game, the Services and the conditions required to access or use the Game and its Services. The use or access to the Game or the Services will imply the acceptance by the Users of the legal conditions existing at that moment, as well as the new conditions from the moment they are produced.
In the case of already registered Users, it shall be understood that they accept and consent to the legal modifications introduced if they have not informed SecondWorld of their disagreement within 30 days of the modification.
The Company reserves the right to review, at any time and without prior notice, on its own initiative or at the request of a third party, content transmitted, disseminated or made available to third parties by Users and to prevent its transmission, dissemination or making available to third parties in the event that, in its opinion, it is contrary to the provisions of these Terms and Conditions that are applicable.
If any clause of these Terms and Conditions is declared totally or partially null or ineffective, it will only affect that provision or part of it that is null or ineffective, the rest of the legal conditions remaining in all other respects.
15. DISCLAIMER OF LIABILITY
The competitions are held on the platforms of the Game, which are dependent on the Game and, therefore, under the control of SecondWorld. Therefore, the Game guarantees the proper functioning of its server, excluding from its responsibility and obligation to provide proper operation of external factors; Internet connection, condition of equipment, software and facilities of the Users. Therefore, any pause in the game that is not attributable to the state and/or maintenance of the Game server, does not constitute in any case SecondWorld’s responsibility.
The Services may contain defects, and your use of the Services is at your sole risk. SecondWorld does not make and hereby disclaims any express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non- infringement of third-party rights and warranties (if any) arising in the course of dealing, usage or trade practices. SecondWorld does not warrant that there will be no interference with your enjoyment of the Services, that the Services will meet your requirements, that the operation of the Services will be uninterrupted or error-free, that the Services will interoperate or be compatible with any other services, or that any errors in the Services will be corrected. No instruction given orally or in writing by SecondWorld, its employees or other representatives constitutes a warranty.
Some jurisdictions do not allow disclaimers as to set forth above; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the above disclaimers will only apply to the extent permitted by the laws of such jurisdictions. In addition, you may have other legal rights in your jurisdiction, in which case nothing in these Terms shall prejudice any legal rights you may have as a consumer of the Services.
In particular, if you are a consumer resident in the EEA, you may enjoy a statutory warranty of conformity under which SecondWorld may be liable for a lack of conformity that you discover:
(i) for a period of two years from any single provision of the Services (such as the provision of a Virtual Object); or (ii) during the period of continuous provision of the Services.
In no event shall SecondWorld be liable for any special, incidental or consequential damages arising out of access to, use or malfunction of the Services, including, without limitation, property damage, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injury, property damage, loss of profits or punitive damages however arising out of or in connection with these Terms or the Services, whether based on tort (including negligence), contract, strict liability or otherwise, and whether or not SecondWorld has been advised of the possibility of such damages.
In no event shall SecondWorld’s total liability arising out of or in connection with these Terms, the Privacy Notice or the Services exceed the greater of: (i) the actual price (if any) that you paid for the license to use the Virtual Objects or the Services; or (ii) one hundred Euros ($100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between SecondWorld and you. For purposes of this Limitations of Liability section, SecondWorld’s licensors and other contributors are third party beneficiaries of the limitations of liability specified herein and may enforce these Terms against you.
Some jurisdictions do not allow certain limitations of liability as set forth in this section, so the above terms may not apply to you. However, in such jurisdictions, the limitations of liability contained herein shall only apply to the extent permitted by the laws of such jurisdictions. In addition, you may have other legal rights in your jurisdiction, in which case nothing in these Terms shall prejudice any legal rights you may have as a consumer of the Services.
You agree to indemnify, defend and, if applicable, hold harmless SecondWorld and its affiliates (and SecondWorld’s officers, directors, officers, agents, joint ventures, partners and employees) from and against any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party arising out of or related to your use of the Services or any breach by you of these Terms. However, the foregoing shall not apply if the third-party claim is not attributable to your intentional or negligent conduct.
16. ADDITIONAL TERMS FOR APPLE USERS
If you access the Services through Apple Inc. («Apple») devices, in addition to the provisions above, the additional terms below apply to you.
You acknowledge and agree that these Terms are between you and SecondWorld, not Apple, and that SecondWorld, not Apple, is responsible for the Services and their content. The license granted to you under these Terms is subject to the permitted use rules specified in Apple’s App Store Terms and Conditions and any third-party terms and conditions agreed to therein. You must comply with any third-party terms and conditions that apply to your use of the Services.
SecondWorld, and not Apple, is responsible to you for: (i) providing any relevant maintenance or support for the Services in accordance with these Terms, and (ii) addressing any claims you may have in connection with the Services, including product liability claims, any claims that the Services do not conform to any applicable legal or regulatory requirements, and others arising under consumer protection or similar laws. If the Services do not conform to the warranties or other terms set forth in these Terms or applicable law, you may notify Apple, in which case Apple may refund the purchase price (if any) for the applicable Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligations with respect to the Services.
In the event that a third-party claims that the Services or your possession and use of the Services infringes the intellectual property rights of a third party, Apple will not be responsible for investigating, defending, settling or resolving any such intellectual property infringement claim.
You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country that «supports terrorism»; and (ii) You are not on any U.S. Government list of prohibited or restricted persons or entities.
Apple and its affiliates are third party beneficiaries of these Terms and Conditions. By agreeing to these Terms and Conditions, you agree that Apple has the right as a third-party beneficiary to enforce these Terms and Conditions against you.
17. GOVERNING LAW AND JURISDICTION
These Terms of Service are governed by the law and jurisdiction of the Republic of Estonia, and the parties submit, at their option, to the courts and tribunals of your domicile for the resolution of disputes and waiver of any other jurisdiction.