END USER LICENSE AGREEMENT
This End User License Agreement (or"EULA") is a legal agreement between you (either in your individual capacity, or on behalf of an entity), hereafter sometimes referred to as"you," "Licensee," or "End User" and BadFlyInteractive, a.s., in order to give you a license to use the Game as set forth in this Agreement under the conditions in this Agreement.
By downloading, installing, accessing or using any of BadFly Interactive´s Game(s)/Product(s), you acknowledge agreement with the terms of this EULA. If you do not wish to agree with terms, then do not download, install, access or use any of ourGames/Products. By downloading, installing, accessing or using the Game, you agree that you have read, understood and agreed to be bound by this EULA. For residents of some countries, you agree to the arbitration agreement and classaction waiver described below to resolve any disputes. (e.g. further term Gamefor all our products).
1. Definitions
a. In the context of this EULA, the term “Game” refers to all Products created and operated by BadFly Interactive, a.s. including all updates and upgrades.
b. “Consumer” refers to the Licensee, i. e. the person who has licensed the Game for personal use.
c. “Free Version” refers to the product provided by BadFly Interactive, a.s. to you at no charge.
2. Ownership/Intellectual Property Rights
This EULA can also be referred to as the “License”.You, as Licensee, through your downloading, installing or use of this product do not acquire any ownership rights to the Game. The Game is protected by intellectual property laws and treaties. The rights to use the Game as set out in this Agreement are licensed, not sold, to you by BadFly Interactive, a.s.
a. Third-party trademarks, trade names, product names, and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Game. This EULA does not authorize you to use BadFly Interactive or its licensors' names or any of their respective trademarks.
b. As between you and BadFly Interactive, a.s., BadFly Interactive, a.s. is the owner of all right, title and interest in and to the Game (including all copyrights, trademarks, and patents) regardless of the media or form of the Game; whether online, by disk or otherwise.
c. You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, BadFly Interactive' exclusive right and title to the Game or the validity thereof.
d. You shall not attempt to develop any Game that contains the "look and feel" of any of the Game or is otherwise derivative of the Game.
3. License grant
a. Under the condition that:
i. You have legally acquired the rights to the Game,
ii. paid the applicable price and
iii. have accessed the game via certain Arcade, Game Center or a publisher; BadFly Interactive, a.s. grants You a personal, limited, non-exclusive license to install and use the Game for your personal, non - commercial use solely as set forth in this License and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that you start to download, install or otherwise use the Game, and shall end on the earlier of the date that you dispose of the Game or BadFly Interactive' termination of this License. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Game.
b. You may download the Game froman authorized source. The number of copies that you can download during aconsecutive period of days may be limited. You may not make a copy of the Game available on a network where it could be used by multiple users at the same time. You may not make the Game available over a network where it could be downloaded by multiple users.
4. Consent to Collection and Use of Data
a. While playing BadFly Interactive´s games, you may be asked by BadFly Interactive´s third-party partners such as publishers or ad controllers to provide them with your consent to collect, store, or use some of your personal data. BadFly Interactive may ask third-party partners with your active consent to share with us some of this data, specifically the analytics based on the player's gameplay or device localization in order to optimize and improve the gaming services and products towards our clients, e.g. players of our games.
b. BadFly Interactive, a,s. may consult and use analytics collected by Publishers´ own tools or through third-party ad controllers technologies like server logfiles, web beacon, cookies, tracking pixels and other technologies to collect and analyze certain types of information, including cookies, IP addresses (including for purposes of determining customers ´ approximate geographic location), mobile device ID or other identifiers, browser types, browser language, information passed from the customers browser, referring and exit pages and URLs, platform type, the number of clicks, information about customers´ media, peripheral hardware, software and/or applications installed on device, domain names and types, landing pages, pages viewed and the order of those pages, the date and amount of time spent on particular pages, other Internet and website usage information, game state and the date and time of activity on BadFly Interactive, a.s websites or games, information about how customers use the game, including game metrics and statistics, feature usage and purchase history.
c. During the process of emailing to us, the registration via our web site, or when any customers inquiry is posted and technical support is requested, BadFly Interactive, a.s. may request your active consent to collect and analyze some of your personal data related to your email address for improvement of the Game and providing you with a support or any news related to our games. Our third-party partner, the e-commerce solution MailChimp who enable us to inform you about our news, new products (games),special offers (giveaways) and upcoming events of BadFly Interactive, offers via every email the active opt-out option to refuse any other emailing. After you opt-out from our ad tool provider, your email address will be deleted from BadFly Interactive´s mailing list and we, BadFly Interactive, a.s., will never contact you with any promotion or PR related news about our production and gaming industry again.
d. All information that You have decided to provide BadFly Interactive, a.s. with, directly on BadFly Interactive online forums, chats or blogs as well as any data collected by our third-party partners as specified in section b. of this article will be used for purposes such as improving our products and services, troubleshooting bugs and otherwise to improve your user experience.
Further information about any data collection, storing, sharing, their use and opt-out option related to playing BadFly Interactive´s games can be found in BadFlyInteractive´s Privacy Policy.
5. Conduct Settings
a. Through the action of downloading and installing the products of BadFly Interactive, a.s. you acknowledge and agree that you will not to:
i. violate the rights of others, defame, abuse, harass, threaten, spam or otherwise interfere with others' use of the Game,
ii. publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct,
iii. transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, timebombs, cancelbots, corrupted files or any ther similar material that may damage the device.
6. Limitation of Liability
a. The Games are provided on an “as is“ basis without any additional warranty, this means that BadFly Interactive, a.s. does not warrant that the Games are free of errors.
b. The BadFly Interactive, a.s. is responsible for the loss or damage. You suffer where that loss or damage is a foreseeable result of BadFly Interactive´breach of this EULA, up to the amount of 50 USD.
c. BadFly Interactive, a.s. shall only be liable without restriction according to the statutory provisions for any damages of the Licensee caused by the intentional or grossly negligent conduct of BadFly Interactive, a.s. or its agents. The same applies to personal injury and damages according to the Czech Product Liability Act or comparable laws in other jurisdictions that may apply.
d. Otherwise, the liability of BadFly Interactive, a.s. for damage claims – for whatever legal reason – is limited in accordance with the mentioned conditions, unless otherwise provided by an explicit guarantee of BadFly Interactive, a.s. for damages caused by slight negligence, BadFly Interactive, a.s. is only liable insofar as they cause damage to contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations which must be fulfilled in order to ensure the orderly implementation of the contract and in whose observance the Licensee should be able to trust. Insofar as BadFly Interactive, a.s. is responsible for simple negligence hereafter, the liability of BadFly Interactive, a.s. is limited to the typically foreseeable losses.
e. The above liability restrictions shall also apply to all publishers of BadFly Interactive´s games.
f. You agree that provisions inthis License that limit liability are essential terms of this License.
7. Indemnification
a. Licensee agrees to indemnify, defend and hold harmless BadFly Interactive, a.s. and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you),sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from
o ( a ) your breach of any term of this EULA;
o ( b ) your violation of any rights of any third party; or
o ( c ) your use or misuse of the Game.
b. Your indemnificationobligations set forth in the immediately preceding sentence shall survive thetermination of this EULA.
8. Third Party Content and Game
a. The Game may utilize or include third party content, software or other copyrighted material("Third Party Content"). Your use of such third-party material is governed by their respective terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, of the third party. BadFly Interactive, a.s. expressly disclaims any all warranties in connection with the Third-Party Content, and shall have no liability in connection therewith.
b. Your use of the Game may allow you to connect with third-party applications or websites ("Third Party Applications"). Your use of the Third-Party Applications is governed by the terms and conditions thereof. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein. BadFly Interactive, a.s. expressly disclaims and all warranties in connection with the Third-Party Applications, and shall have no liability in connection therewith.
c. BadFly Interactive, a.s is notliable for costs arising out of services demanded by the Licensee that are notprovided by BadFly Interactive, a.s.. This shall, in particular, apply to the costs of data transfer from or to theLicensee’s device to a third party.
9. License Limitations
a. BadFly Interactive, a.s. is the owner and licensee of all rights, titles, and interests to the Game clients, service, Games, accounts and all features and components thereof. The service or Games may contain materials licensed by third parties to BadFly Interactive, a.s., and those third parties may enforce their ownership rights against you if you violate this agreement. The following, without limitation, are owned or licensed by BadFly Interactive, a.s.:
i. All virtual content appearing within the service or Games, such as:
ii. Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
iii. Narrations: Themes, concepts, stories, and storylines;
iv. Characters: The names, likenesses, inventories, and catchphrases of Game characters;
v. Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
vi. All data and communications generated by or occurring through the service or the Games.
vii. All sounds, musical compositions and recordings, and sound effects originating in the service or Games;
viii. All recordings, Game replays, reenactments of in-game matches, battles, duels, etc.;
ix. Computer code, including but not limited to “Applets” and source code;
x. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the service or Games;
xi. All Moral Rights that relate to the service or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
xii. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the service or Games, except as expressly set forth in this Agreement or otherwise by BadFly Interactive, a.s. in certain contest rules, BadFly Interactive´ Fan Policies, or addendum to this Agreement.
b. You agree that you will not, in whole or in part or under any circumstances, do the following:
i. Create derivative works - You will not copy or reproduce the Game, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on or related to the products of BadFly Interactive, a.s.
ii. Cheat - You will not create, use, offer, advertise, make available, distribute methods of cheating - namely methods of influencing or facilitating Gameplay, including exploits of in-game bugs, or other means of granting yourself or any other user an advantage over other players who are not using such methods.
iii. Use ‘bots’ - You will not create, use, offer, advertise, make available or distribute any software that allows automated control of the Games, services, or any component or feature thereof.
iv. Use ‘hacks’ - You will not create, use, offer, advertise, make available or distribute any software that accesses or modifies the Game or Service in any manner unless specifically authorized by BadFly Interactive, a.s.
11. Termination of the License
a. The Licensee may terminate this EULA at any time by removing the Game from all their devices, together with all copies in any form. This EULA will also terminate automatically upon conditions set forth elsewhere in this EULA, or if the Licensee fails to comply with any term or condition of this EULA, without notice to the Licensee. Upon such termination, The Licensee agrees to remove the Game from all their devices, together with all copies in any form.
b. BadFly Interactive, a.s. may terminate this EULA immediately when Licensee breaches terms and conditions of this EULA. BadFly Interactive, a.s. is justified immediately to inhibit the Licensee to use the Game.
c. The failure or delay of BadFly Interactive, a.s. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
d. This agreement constitutes the complete and exclusive agreement between BadFly Interactive, a.s. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
e. Notwithstanding any provisionsin this Agreement to the contrary, we agree that if BadFly Interactive, a.s. makesany future changes to this Agreement you may reject any such change by sendingus written notice within 30 days of the change.
12. Governing Law/Place of Performance and Jurisdiction/Dispute Resolution
a. Exclusively Czech law applies, with the exception of its conflicts- of-law rules, even if the Licensee has his/her residential or business seat abroad. If the Licensee is a Consumer, this choice of law shall not, however, have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable.
b. For all present and futureclaims from this Agreement, the exclusive jurisdiction is Brno. The samejurisdiction applies if the Licensee has no general jurisdiction inside the Czech Republic, if he/she relocates his/her residence or habitual abode out of the country, or if his/her residence or habitual abode is not known at the time of institution of legal proceedings. Mandatory regulations of the Council Regulation (EC) on Jurisdiction and theRecognition and Enforcement of Judgments in Civil and Commercial Matters areunaffected hereby.
13. General
a. The Licensee can only offset claims of BadFly Interactive, a.s. with undisputed or legally established counterclaims. The Licensee can only exercise a right of retention if his/her counterclaim is based on the same contractual relationship. The transfer of theLicensee's claims against BadFly Interactive, a.s. is prohibited.
b. All rights not explicitly granted in this agreement are reserved.
c. The failure or delay of BadFly Interactive, a.s. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
d. This agreement constitutes the complete and exclusive agreement between BadFly Interactive, a.s. and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected.
e. Notwithstanding any provisions in this Agreement to the contrary, we agree that if BadFly Interactive, a.s. makes any future changes to this Agreement you may reject any such change bysending us written notice within 30 days of the change.
14. Changes to the Agreement
a. BadFly Interactive, a.s. maymodify this EULA from time to time, so please review it frequently. If youaccept a version of this license before it has been modified, the revisionswill become effective 30 days after being posted publicly. Your continued useof the application means that you accept the new terms. Once you accept aversion of the license, we will not enforce future material changes withoutyour express agreement to them. If you are asked to accept material changes tothis license and you decline to do so, you may not be able to continue to use the application.
15. Health and Safety
a. Playing one of our Games may involve the risk of personal injury, discomfort or property damage. To ensure your safety please refer to the relevant safety manual of all devices used while playing BadFly Interactive´s games.
Usage of the Game on any platform not supported officially by BadFly Interactive, a.s.is prohibited. By using Game you agree that you have the necessary hardware, software and capability(including a suitable connection to the Internet) required for the use of theGame. BadFly Interactive, a.s. accepts no responsibility or liability for any failure of your system to meet the technical requirements of the Game.