For these Terms, capitalized words, whether used in the singular or plural form, shall have the following meanings:
- “Bruno Lauris and darkfolklore.com/We, Us and Our”: shall refer to Bruno Lauris solely/together with darkfolklore.com.
- “Application(s)”: shall refer to websites, software, tools, mobile games, computer games and games accessible online, published by Bruno Lauris and/or his partners as well as any accessory software that would be required, for example, to download an Application, an update of the Application, an upgrade of the Application, its code (in whole or in part), the component files, the images associated or generated and the associated data;
- “Account”: shall refer to a User’s sole Account accessible with authentication information transmitted by darkfolklore.com (if applicable from an Application and therefore through a Partner) allowing the User to access and benefit from the Services;
- “Content”: shall refer to the Content of any nature (including text, visual, photographic data, forum, username, avatar, etc.) of a User and posted on Our website and/or Application(s) in connection with the Services by the User under the User’s responsibility;
- “Service(s)”: shall refer to the functionalities and Services as described on the website and/or one or more Applications, made available to You and accessible from the website and/or one or more Applications from an Account;
- “User/You”: shall refer to any natural person of legal majority and capable of, or with parental authorization to do so, creating an Account without being subject to any legal, regulatory, or contractual prohibition and/or restriction preventing him from posting Content and having complied, where applicable, with all legal, regulatory, and contractual formalities to use the Services.
Purpose of the Terms and Conditions
The purposes of these Terms and Conditions (furthermore – “Terms”) are to define the terms and conditions of use for Our website www.darkfolklore.com (furthermore – “darkfolklore.com” or “website”, or “our website”) and all its corresponding applications, products, services, and tools that are operated by Bruno Lauris.
The following are but some, but not all of the elements that Our Terms are concerned with:
- Details of website owner/company including contact options;
- Any permitted and prohibited uses of website content;
- Registration requirements;
- Any necessary fees which need to be paid to use the website;
- If links are provided to other websites, there should be a disclaimer of liability for Content on any linked sites;
- If a website allows User comments or enables any forms of user-generated content, it’s important to request that users do not post anything illegal or which could be considered defamatory or abusive;
- Website and Content availability
- Reference to any privacy or cookies policies, preferably together with links
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1. Scope, Acceptance, and Updates
These Terms shall govern the rights, obligations, and restrictions related to the use of Our website and/or the Applications, Services.
By accessing and browsing Our website, You AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. We are not responsible for and do not regularly monitor the website. We are not liable for any personal injury or property damage, or any other harm or loss of any nature whatsoever, resulting from the use and/or access of Our website.
You understand and agree You may be exposed to communications, including but not limited to public posts and posts by us, that are inaccurate, objectionable, offensive, or indecent, and You agree to waive and do waive, any legal or equitable rights or remedies You have or may have against Us concerning the content.
We offer this website, including all information, tools, apps, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By accessing and browsing Our website and/or utilizing any of its Applications, Services, You are accepting these Terms and including those additional policies referenced herein and/or available by hyperlink, including but not limited to third party terms and policies.
These Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, donors, and/or contributors of content.
IF You DO NOT AGREE TO THESE TERMS, You are not permitted to browse darkfolklore.com and/or utilize any of its Services, Applications.
We reserve the right, at Our sole discretion, to update, change, or replace any part of these Terms and Our Policies by posting updates and/or changes to Our website. For example, to adapt them to legislative and regulatory changes, or to modify the functionalities offered by Our website, services, tools, and applications.
Any new features, services, or tools that are added to the current website shall also be subject to these Terms.
We will inform you, whenever possible or when We see it necessary, about potential changes before amending the Terms.
Therefore, It is your responsibility to check Our website periodically for changes, reading and evaluating the Terms and Policies as they are revised. The date of the last revision will be posted at the top of these Terms. You can review the most current version of the Terms at any time at this page.
If You do not agree with the amended Terms, You must stop using Our website and its associated Applications and Services.
Your continued use of or access to Our website or the Services and/or Applications following the posting of any changes to these Terms constitutes acceptance of those changes.
We recommend that You print or save locally a copy of these Terms for Your records.
2. Protection of Minors
If You are a minor and You wish to access Our website and make full use of all or part of the website and/or the Services and/or Applications, You must read and acknowledge the Terms with the help of your parents or legal guardians and obtain their consent to use the Services.
However, We recommend that parents or legal guardians monitor the activities of their children or the children for whom they are responsible when using the Services.
We recommend that You be vigilant in ensuring that your children, or the children for whom You are responsible, never disclose their Data without Your consent.
Please note that We are not allowed to request more personal information than necessary.
We reserve the right to restrict or prohibit access to the Services to minors who have not reached the minimum age required by local legislation (e.g., 18 years old in Latvia) if Your prior consent has not been given. It is understood that minors may be prohibited from using certain Services if they do not meet the age requirements defined by the rating agencies.
Parents or legal guardians may close the minor’s Account on Our website at any time by sending an electronic request to the administrator by using Our Privacy Center.
Notwithstanding the foregoing, the use of Our Services must be made under parental supervision, and any use of the Services by minors shall be deemed to have been validated beforehand by their parents or legal guardians.
Unless otherwise provided by law, We disclaim any liability for the use of the Services by minors without the consent of their parents or legal guardians.
3. Terms of Subscriptions
To be able to access and/or use certain features and/or benefits of the Services, it is necessary to create a User account. To create an account, go to Our website and/or an Application and press on the “Register” link. Afterward, enter the requested personal data.
Other personal data may be entered in the “My Account” section on the website, some of which will be public and therefore accessible to other Users.
To create an Account, You must provide an email address, your age, first and last name, country of residence, an avatar (visual identity linked to the Account and created by the User), and a password. The User may also be able to choose a username.
You agree that the username may be publicly displayed in connection with the Services.
The Username and Password of the Account are strictly personal. You undertake to keep them confidential and not disclose them to third parties. You are the only person authorized to access and use the Services using your Account.
Any access to the Services with Your Account is automatically deemed to have been affected by You and under Your responsibility.
Therefore, in the event of loss, theft, or any fraudulent act concerning your password and username, it is your responsibility to inform Us as soon as possible and to prove your identity in that case by any means. In the event of loss of your password, You can recover access to your Account automatically by resetting your password.
If We have legitimate reasons to believe that the security of Our website and/or any Application(s) has been breached and/or that misuse of all or part of the Services is due to any unauthorized use of your Account, We may temporarily suspend access to your Account, and therefore your access to the Services, to preserve the integrity of the website and/or any Application(s) and data and, if necessary, require You to modify your username and password by following the instructions.
When creating your Account, You agree to provide accurate and complete information. You also agree to update such information at the request of us.
You will not claim or imply to be another person or entity by providing false information about a parent, legal guardian, or any other person, including, without limitation, through the username, avatar, or any information.
We may take measures to verify the accuracy of the information provided, if necessary, by telephone or by email to designate a parent or legal guardian.
To prevent fraud, You agree to provide Us on request, by email, or mail, with the necessary authorizations and evidence, which may also include a copy of your national identity card or passport.
The Applications are provided to You under a non-transferable, non-exclusive, non-commercial, personal license, and exclusively for leisure and personal use.
The Applications remain Our sole property and/or Our Subsidiaries and/or Partners, in particular concerning the associated intellectual property rights. Therefore, the license granted is not deemed to be a transfer of the intellectual property rights of such Applications.
As such, You may not sell, copy, exchange, transfer, publish, rent, license, distribute, market, or commercially exploit the Application, or decompile it, disassemble the code, reduce it to a human-readable form, or assign or distribute any material that You may copy or derive from the Application.
The license to install and use the Application will be in effect from the time it is downloaded until it is terminated. You may terminate this license agreement at any time and for any reason by notifying Us of your intention to terminate it. We and/or Our Subsidiaries and/or Partners may terminate this license agreement at any time for just cause. The termination will then take effect one month after You have been notified.
In the event of termination, by You or by Us and/or Our Subsidiaries and/or Partners, the license granted to You will terminate and You must permanently uninstall the Application and destroy all copies in your possession. The User may not request reimbursement of any payment made.
To be able to benefit from all the Services, You have your compatible means of telecommunication and internet access.
The provision of the Services does not imply that We will also provide compatible equipment and/or software for the use of Our Application. You are informed that the Applications are not compatible with all equipment and software (for example, operating systems) and that We shall not be held responsible for your use of the Services on Our Applications.
We shall only be responsible for providing customer support and charging for the Services.
We hereby authorize You to access and use Our website and/or the Applications and/or the Services, subject in particular to the following requirements. You acknowledge that failure to comply with any of these conditions shall be deemed a breach by You of these Terms:
- Access and use Our website and/or the Applications, Services in good faith, in a reasonable manner, not contrary to Terms;
- You will not use any devices or software other than those provided by Us unintended to
- Affect or attempt to affect the proper functioning of Our website and/or Applications and/or Services
- Or extract, modify, consult, even in a buffer or temporary memory, or for individual use, all or part of Our website and/or Applications and/or Services;
- You will not create or provide other means for other people to use the Services, such as server emulators;
- You will not access and/or use Our website and/or the Applications and/or Services for illegal purposes and/or to cause damage to the reputation and/or image of Us and/or third parties, including Users, or more generally to infringe the rights, in particular intellectual property rights, of Us and/or third parties, including Users, and more generally, to violate applicable national and/or international standards, laws and/or regulations and/or administrative and/or contractual provisions;
- You will not create, use, and/or distribute “auto”, “macro”, or other software programs or other cheats, hacks, mods, trainers, or robot programs or Applications and/or use the Services through a mirror site;
- You will not reuse or exploit all or part of Our website and/or Applications and/or Services, and/or content, in particular for business and/or collective and/or personal purposes in a form and/or media not authorized by Us and/or the owners of such content;
- You will not limit the access to and the use of Our website and/or Applications and/or Services;
- You will not modify, including in a buffer or temporary memory, any reference to or a part of Our website and/or Applications and/or Services;
- You will ensure that the use of Our website and/or Applications and/or Services do not affect nor compromise the stability, security, and quality of Our website and/or Applications and/or Services, networks, bandwidth, or Our infrastructure, other Users, and/or third parties;
- You will not use and/or exploit the electronic and/or postal contact details of other Users for any purpose other than the use of Our website and/or the Applications and/or Services, in particular, to send mass solicitations and engage in “spamming” and solicit others to perform or participate in acts that would go against these Terms;
- You will not use your Account or, in general, in the context of the use of Our website and/or the Applications and/or Services, not engage in acts of any kind whatsoever, such as issuing, publishing, or putting online data or Content that is contrary to law, disrupts public order, or violates Our rights, other Users or third parties;
- You will not post any content, on Our website and/or the Applications and/or Services, that is unlawful, including if it infringes the rights of third parties, violates applicable law, and/or constitutes an infringement or violation of any intellectual property right, know-how, trade secret, or personality right of a third party (privacy, image rights, etc.), likely to be the subject of any unfair competition and/or free riding claim or, more generally, a liability claim;
- You will not post any Content on Our website and/or the Applications and/or Services that incite hatred or violence; is threatening, aggressive, pornographic (with the purpose to harm others), for pimping or pedophilia; is racist, sexually explicit, unnecessarily obscene, vulgar or violent, in contravention of public decency standards, or xenophobic; for computer piracy or proselytizing, and more generally is likely to elicit a liability claim;
- You will not collect or intercept by any means not expressly permitted by Our data exchanged by other Users in connection with the Services, or the personal data of any other User;
- You will not post any Content that violates the legitimate interests of Us or third parties;
- You will not obtain information about Users, the Content they publish using automated methods (such as robots, crawlers, etc.);
- You will not upload viruses or any other malicious code to Our website and/or Applications;
- You will not replace any security features or bypass or avoid any access control to the Services, Applications;
- You will not harass other Users, if any, using the Services;
- You will not publish official documents or financial information concerning others;
- You will not promote or publish Content related to alcoholic beverages or adult beverages without age restrictions;
- You will not organize contests or sweepstakes (“promotions”) without Our prior written consent;
- You will not allow and encourage non-compliance with any of the provisions of these Terms;
- You will not create more than one Account: each User shall create only one Account associated with him or her. If We delete a User’s Account in the event of non-compliance with these Terms, the User shall not create another Account without Our prior authorization;
- You will not disclose private Account information (for example, your password) to any third party and allow someone to access his or her Account or do anything that could compromise the security of his or her Account;
- You will not use Our website and/or Services by impersonating any third party, including a legal entity, or by misrepresenting legally or otherwise representing any third party, including a legal entity;
- You will not make improper use of the Application, support Services or complaint buttons or send false reports/information to Us and/or Our Partners’ staff members;
- You will not communicate any Content that is not related to the subject or theme of Our website;
- You will not set up hypertext links to deep pages of Our website, allowing access to the Services, by any technical means intended to bypass the User identification field or to extract all or part of the Content of the Services made available by us;
- The framing technique is prohibited without Our express prior consent.
We will update Our website to offer the best possible experience for Our Users. You acknowledge and agree that the form and nature of the Services provided by Us may be modified from time to time without prior notice. As part of this ongoing innovation, You acknowledge and agree that We may discontinue (permanently or temporarily) any of the Services and/or Applications (or any feature of the Services) to You and the Users, at Our sole discretion, without notice. You may stop using the Services at any time. You are not required to specifically inform Us when You stop using the Services.
Like the other Services, comments, and user-generated Content is moderated posteriori; We do not verify verification of the Content before it is posted.
When You publish Content on Our website, your username and/or avatar may appear publicly.
By posting a comment and/or other similar Content You have read and accepted that the disclosure and/or publication and/or distribution of your messages is at your sole responsibility. The Content is distributed on Our website (and more generally using the Services) without any time limit and remains there even if You delete your Account.
4. User Comments, Feedback, and Other Submissions
If at Our request, You send specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation:
- To maintain any comments in confidence;
- (To pay compensation for any comments; or
- (To respond to any comments.
We may, but have no obligation to, monitor, edit or remove Content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
We accept donations to support the goals and Content of Our website by setting up monthly recurring donations.
We will use your donation at Our discretion but within Our stated objectives for each donation level.
You can donate to Us only if You are at least 18 years old or as a minor, You have received permission from Our parent or legal guardian.
You agree that these Terms will apply to each of the donations in that series.
We do not process the payments of donations. Payments will be processed by a third-party payment processor (for example, Stripe). We do not control or guarantee payments or payment timelines. We may block or restrict your donations at the payment processor’s request.
When You begin the donation process:
You will have to create an Account on Our website (if You have not done so already);
Your transaction will be processed through Our payment processor,
By confirming that You wish to proceed with your donation, You authorize Our payment processor to request funds each month from your credit or debit card provider. All payments through the website are to be made by payment card.
We may add or switch payment processors at any time. You agree to transfer your payment Account and underlying funds to any other payment processors designated by Us to finish the donation process.
Fees: Our payment processor asks for a modest fee to process the donations. All fees are non-refundable and include value-added tax or similar taxes (“VAT”). The payment processor may charge other types of fees, as described in the payment processor’s terms.
We do not provide tax advice.
If You become aware of fraudulent use of your card, or if it is lost or stolen, You must notify your card provider.
You agree to provide Us with any information We may request in connection to the donation processing. For example,
- Your name, address and email address; and
- Details of the credit or debit card that You wish to use to fund the donation. We will use this information to process your donation. It is your responsibility to ensure You have provided Us with the correct information.
When You submit your payment details, they will be transferred to Our payment processors. Your payment data will be collected and processed securely by them. You should make sure that You are aware of Our payment processor’s terms, which are different from Our own, to ensure that You are comfortable with how they will process your data before You donate.
Each donation tier contains certain benefits, acquired after donating as a thank You from Us to you. These benefits will only be available as long as You continue donating to Us the sum stated on your chosen donation tier.
If You make an error in your donation, please contact Us by using Our Privacy Center.
6. Use of Services
Paid Services and Content are provided instantly through the online provision of an intangible service.
With the User’s approval, we, therefore, begin to provide intangible Services and Content before the end of the fourteen (14)-day withdrawal period.
Thus, it is agreed between the User and Us that the viewing or downloading of a paid Service or Content shall not be revocable or refundable.
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to Our Return Policy.
We have made every effort to display as accurately as possible the colors and images of Our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color or other elements will be accurate.
We reserve the right but are not obligated, to limit the sales of Our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that We offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.
By agreeing to these Terms, You represent that You are at least the age of majority, or that You are the age of majority in your state or province of residence, and You have given Us your consent to allow any of your minor dependents to use this site.
You may not use Our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your Content (not including credit card information), may be transferred unencrypted and involve:
- Transmissions over various networks; and
- Changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Prices for Our products and/or Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or Content thereof) without notice at any time.
We shall not be liable to You or any third-party for any modification, price change, suspension, or discontinuance of the Service.
7. Intellectual Property Rights
We hold the intellectual property rights both to the general structure of Our website and the Applications and to their Content (texts, slogans, graphics, images, videos, photos, programs, and other content), except for any Content that We don`t have the property rights for (for example, Content that We use on Our website based on Free Use).
Consequently, any representation, reproduction, modification, distortion, and/or total or partial exploitation of Our website and/or the Applications and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorization of us, is prohibited and shall be deemed to be copyright infringement.
The trademarks, logos, company names, abbreviations, trade names, signs, and/or domain names of us, allowing access to Our website, Applications, and Services made available by Us are distinctive signs that cannot be used without the express and prior authorization of their owner.
Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and shall be deemed a trademark infringement and a misuse of the company name, trade name, and domain name incurring the tortious liability of its perpetrator.
As an Account holder, You can submit Content using the Services. You acknowledge that We do not guarantee the confidentiality of the content, You retain all of your intellectual property rights related to your content, but You are required to grant limited rights to Us and other Users. These rights are described in section 7.3 of these Terms.
You acknowledge and agree that You are solely responsible for your Content and the consequences of its distribution, including any indirect distribution by hypertext links.
We do not guarantee any content, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any liability concerning such content.
You represent and warrant that You have (and will continue to have during the use of the Services) all rights, licenses, consents, and permissions necessary to enable Us to use your Content to provide Our website, Applications, and Services, and more generally, to provide these under the conditions set out in these Terms.
You acknowledge that, by using the Services, You may be exposed to Content that is inaccurate, offensive, obscene, or otherwise negative. We shall in no event be deemed responsible for the distribution of this type of content. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to contact You to obtain more information about the posted Content and to verify that You are the author and, if applicable, You hold the rights to it.
In any event, We do not agree with the opinions, advice, and/or recommendations posted and/or sent by Users using the Services and specifically in the discussions and accept no liability whatsoever.
When You submit Content on Our website and/or the Applications and in any event using the Services, You grant:
- To us, the non-exclusive, transferable right (including the right to sublicense), free of charge, and anywhere in the world to use, reproduce, distribute, make derivative works of, represent, and execute the Content in connection with the Services or concerning the provision of the Services, Our website, and Applications and Our business, including, without limitation, the promotion, and redistribution of all or part of the Services, Our website, and Applications (and derivative works thereof), in any format, on any medium, and via any media channel;
- To each User of the Services, the non-exclusive right to access your Content via the Services free of charge anywhere in the world and to use, reproduce, distribute, make derivative works of, represent, and execute the Content to the extent permitted by the functionalities of the Services and by these Terms.
The above-mentioned rights that You grant to the Content expire when You remove or delete your Content from Our website and/or Applications and/or Services.
You accept that We shall own all rights to the Content that You create online from Our pre-existing Content as it is created. By accepting these Terms, You agree to irrevocably assign to us, free of charge, all economic rights, on an exclusive basis, that You may have to the Content that You create online from Our pre-existing content, namely:
- The rights of reproduction and use of the content, for any use whatsoever, by any means, on any existing or future media;
- The right of representation, on all media, and by all means, existing or future;
- The right to translate, arrange, modify, integrate, transform, adapt, and correct the content;
- The right to market and exploit the content;
- As well as the right to transfer to third parties the use or ownership of all or part of the rights currently assigned.
This transfer of rights is granted for the entire world and the period of protection of each piece of Content created online by You from Our pre-existing content.
If Content created online by a User from Our pre-existing Content would display your image and/or the image of a third party and/or Content over which third parties have rights, You confirm that You authorize Us (and, if applicable, have obtained authorization on behalf of us) to reproduce and represent, without compensation of any kind, names and images, on any existing or future medium, (including, but not limited to, press, digital, electronic, audiovisual), in any format, for any communication to the public worldwide, for any use including for advertising and/or commercial purposes, for ten (10) years. Moreover, You expressly and irrevocably authorize (and, if applicable, confirm that You have obtained the authorization) us, its assignees, and successors to:
- Make any modification, addition, or deletion that We deem useful for the use of the image under the conditions defined above;
- Associate and/or combine with the image, all signatures, catchphrases, slogans, captions, trademarks, distinctive signs, legal and visual notices, and, in general, any element of any kind chosen by us, its assignees, and its successors intended in particular to illustrate the communication media in which they are integrated.
We expressly refrain from using the Content in any racist, xenophobic, or harmful material, and shall impose the same prohibition/restriction on its assignees and successors.
8. Termination of the Account
In the event of a breach of these Terms, We reserve the right to temporarily suspend or permanently delete your Account without prior notice. If We have a legitimate reason to believe that the security of Our website and/or any Applications and/or Services has been breached and/or that improper use of all or part of the Services is due to the unauthorized use of your Account, We may temporarily suspend access to your Account, and therefore your access to the Services, to preserve the integrity of Our website and/or any Applications and/or Services and data without prior notice.
In the event of temporary or permanent suspension of your Account, We may delete your profile and related information that You have provided to us, and if applicable, any Content that You would have published, uploaded or made available on the Services, including, without limitation, your username and avatar. You will therefore be at risk of losing this data. However, We reserve the right to keep your profile and any such Content on its servers for a reasonable time.
In the event of termination of your Account, no refund, either total or partial, of any amounts already paid to purchase any currently ongoing product or Service will be issued. No type of credit (virtual currencies) will be converted into cash or any other form of refund or compensation.
In the event of termination of your Account at Our initiative, You may not participate in the Service(s) again without Our express authorization. To use the Services again, please contact Us from the Privacy Center.
We reserve the right to recover the costs and charges incurred before the cancellation of your Account. Any outstanding payments or fees and other unresolved issues with the Services must be settled before a new Account is opened, where applicable.
You may terminate your Account or your access to the Services, Our website, and Applications at any time, in your own right, and without prior notice by either using built-in functions (for example, deleting your Account from “My account” page) or by contacting Us from the Privacy Center.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either You or us. You may terminate these Terms at any time by notifying Us that You no longer wish to use Our Services, or when You cease using Our site.
If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms, We also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Services (or any part thereof).
9. Advertising and Product Placement
The Services, Applications, and Our website, and where applicable to the content, may contain hyperlinks to other websites that are not owned by us. We have no control over the content, the specific conditions of each third-party offer, the terms and conditions of sale or use, content, privacy policies or practices of third-party websites, and shall not be held liable in this respect.
You acknowledge and agree that We shall not be held liable for the availability of these external websites and sources and do not support any advertising, products, or other links or data on or accessible from such websites or external resources.
You acknowledge and agree that We shall not be held liable for any loss or damage You may suffer as a result of the existence of such websites or external resources or your reliance on the completeness, accuracy, or existence of any advertising, products, or other data on or accessible from such websites or external resources.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If in your opinion, an offer from a referenced third-party contains illegal or inappropriate content, You can inform Us by using the Privacy Center.
10. Return Policy
Unless stated otherwise in these Terms or a contract or a Service description, the following return terms are applicable:
Cancellation of order: You may cancel your order without giving us any reasons if the product(s) have not been shipped to you. You can cancel your order by contacting us through the Privacy Center. You can cancel your order before we ship the goods to you.
Withdrawal. You have the statutory right of withdrawal from all physical purchases you make at our store within 14 days from the receipt of your order without giving us any reason. To exercise your withdrawal rights, you should contact us through the Privacy Center before sending the product back. Thus, we can provide instructions on how to do so on a case-to-case basis.
Once we receive the product(s), we will provide you with a refund within 14 days. We will also refund the standard cost of delivery of your order to you. However, you will have to cover the direct costs of returning the product(s) on your own.
Please note that if you return the product(s) that have been used, worn (except to try on), or washed, you may be liable for the diminished value of the returned product(s).
You will not be able to exercise your withdrawal rights if:
- You have expressly agreed to the immediate delivery of a product not supplied on a tangible medium, and you have acknowledged that you would lose the right to withdraw from the contract, or
- You purchased sealed product(s) that are not suitable for return due to health protection or hygiene reasons (e.g. underwear) and if they were unsealed after delivery.
If for some reason, you are not happy with your order, you may return it within 14 days from the day it was delivered.
Keep in mind that returned products must be in undamaged condition – if something has been damaged, you may not get your money back.
Returns. You should check the product(s) that are delivered to you carefully to confirm that they are not defective and that they conform to your order. You have the right to return the product(s) if they are defective or they do not conform to your order.
Please contact us if you wish to return the product(s) that you consider defective. Once we confirm that you are entitled to return the product(s), we will offer you either a refund, repair, or replacement according to any statutory rights you may have. You acknowledge that you will not be entitled to a refund if the product(s) were damaged due to improper use of the products or your negligence.
11. Liability, Warranty, and Compensation
We shall use Our best effort to make Our website, Applications, and Services available 24/7, regardless of the maintenance operations of such Services and/or the website and/or Applications.
In this respect, We reserve the right to interrupt access to all or part of the Services and/or Our website and/or Applications for maintenance and/or improvement work. These interruptions of the Services and/or Platform and/or Applications will be notified to You in advance, where We can do so.
In case of emergency, We may interrupt all or part of the access to all or part of the Services and/or Our website and/or Applications for a reasonable time to perform required technical operations. These interruptions of the Services and/or Our website and/or the Applications shall not give rise to any compensation for the User.
We, who provide the technical Service enabling the use of the Services, are, therefore, subject only to an obligation of means, and shall not be held liable for any failure and/or delay in sending or receiving Content or associated with the use made by the Users.
You agree that your use of Our website and/or the Application and/or the Services is at your own risk and that it is your responsibility to maintain the health, liability, risk, personal injury, medical, life, and any other insurance policies that You reasonably deem necessary in the event of any prejudice You may suffer while using the Application. You shall remain solely and exclusively responsible for the use of Our website, Applications, and Services made available to You and for the compliance with these Terms.
We do not guarantee the uninterrupted, timely, secure, or error-free use of the Content You publish on the Services, which may disappear for any reason.
Thus, You must create backups of the data You publish.
Access to Our website, Applications, and Services requires an internet connection for which You are fully responsible and liable.
We do not intervene in relationships, in particular legal relationships, between the Users, and it is their responsibility to carry out usual checks, including legal nature, before entering into any agreement with a User which shall be binding on them alone.
In any event, We do not guarantee:
- The continuous updating of the Services, Our website, and Applications;
- The absence of interruptions to the Service functionalities or of viruses or any other harmful component in the Services or the servers that operate them, or the rectification of defects in the operation or functionalities of Our website, Applications, and Services;
That the use of Our website, Applications, and Services will meet your needs;
That any information You have acquired by using Our website, Applications, and/or Service(s) will be accurate or reliable.
The Services, Our website, and Applications are provided as-is and We make no warranty in this regard.
Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
You acknowledge that we, as a host of the Content that You publish, do not exercise a priori control over said Content transmitted via the Services and have no general obligation to monitor the Content published.
Therefore, as simply the host of such Content distributed under the exclusive responsibility of the Users, We may only intervene with the Content published as part of the Services if manifestly illegal Content is reported to Us by a User.
You can contact Us via the contact form available at Our Privacy Center.
- It is important to specify the date of your notification as well as the date of identification of the illegal content;
- Identify and describe the Content that You believe contravenes these Terms, including its precise location, as well as the Service on which the illegal Content has been identified;
- Indicate the reasons that You believe that such Content does not comply with these Terms and should be removed from the Services;
- In the event of a notification based on copyright infringement, identify the copyrighted work whose infringement You are reporting and provide any evidence to justify the existence of such prior copyright and to demonstrate that You are authorized to act on behalf of the copyright owner;
If the notification is complete, We reserve the right to act at its sole discretion: In this respect, We may request in particular that the use of the Content be halted and/or the Content removed from the Services.
If Content created by a User is considered manifestly unlawful or inconsistent with these Terms, We reserve the right to suspend or delete the User’s Account.
Finally, the User acknowledges and accepts that the act of portraying Content distributed by a User as illegal for the sole purpose of obtaining its removal or stopping its distribution where he or she is aware that this information is inaccurate may result in his or her criminal prosecution.
You acknowledge that You are solely responsible for any damage caused to Us and/or other Users or any third-party natural or legal person, if any, as a result of using the Services and/or Our website and/or the Applications.
In this event, We reserve the right to delete your Account and to take legal action on the grounds of civil and/or criminal liability to end the violation and obtain compensation for its damages.
We shall only be liable for direct damages caused by the Services, except in the event of fraud, gross negligence, willful misconduct, force majeure, death, personal injury, and any other exclusion provided for by public policy laws and regulations.
We shall not be held liable:
- For any indirect damage that may be caused to you, including any loss of profit (whether direct or indirect), opportunity, or reputation that You may suffer;
- In connection with any proceedings brought against You resulting from your non-compliance concerning the use of the Services and/or Our website and/or the Applications. In this respect, You acknowledge and agree that You will be personally liable for any claim or proceeding brought against Us as a result of your non-compliance in connection with the use of the Services and/or Our website and/or Applications.
- Any loss or damage that You may suffer as a result of:
- Inaccuracy, illegality, or inadequacy of the Content provided by You or in the event of damage resulting from the use of the Content provided by a third-party User;
- The reliance on the completeness, accuracy, or existence of any advertising or resulting from any relationship or transaction between You and any of the advertisers or sponsors whose advertising appears on Our website and/or the Applications;
- Any change that We may make to Our website and/or the Applications and/or the Services or any temporary or permanent deletion of one or more Services;
- The removal of, damage to, or failure to store the Content and any other communication data stored or transmitted as part of the Services;
- In the event of unavailability of the Services and/or Our website and/or Applications for reasons such as failure of the public electricity grid, failure of the telecommunications cable networks, loss of connectivity to the internet network due to the public or private operators, in particular loss of connectivity of the User, in particular as a result of strikes, storms, earthquakes, or any other cause characterized as force majeure;
- In the event of use of the Services by a User under conditions that do not comply with these Terms;
- The failure by You to communicate your username and password to us;
- Your inability to maintain the security and confidentiality of your username and password or your Account information;
- Noncompliance with the legislation of a foreign country where the Services and/or the Applications and/or Our website would be used.
Our limitations of liability towards You will apply whether or not We have been advised of the possibility of such losses occurring and whether or not it should have been aware of them.
Our liability may not be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure.
We recommend that You take the following precautions in all cases when using a Service. Avoid playing if You are tired, nourishment and/or sleep-deprived. Make sure You play in a well-lit room by moderating the brightness of your screen. When using a game or Service that may be connected to a screen, play as far away from the screen as possible and as far as the connection cable allows. During use, take breaks of ten (10) to fifteen (15) minutes every hour.
Some people are susceptible to epileptic seizures involving loss of consciousness due in particular to certain types of strong light stimulation: the rapid succession of images or repetition of simple geometric patterns, lightning, or explosions. Such people are at risk of seizures when they play certain video games and/or watch videos with such stimuli, even if they have no medical history of seizures or have never been subject to epileptic seizures themselves. If You or a family member have ever had symptoms related to epilepsy (seizure or loss of consciousness) in the presence of light stimulation, consult your doctor before use. Parents also need to pay particular attention to their children when they play video games. If You or your child have any of the following symptoms: dizziness, vision problems, eye or muscle contractions, disorientation, involuntary movement or convulsion, or momentary loss of consciousness, stop playing immediately and consult a doctor.
12. Absence of Waiver
You acknowledge that if We do not exercise or enforce any right or remedy provisions provided in these Terms (or available to Us under any applicable law), this does not constitute a formal waiver of Our rights, and such rights and remedies shall remain valid and enforceable for us.
You agree to indemnify, defend and hold Us harmless and Our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. Dispute Resolution
These Terms and any policies or operating rules posted by Us on this site or in respect to the Services constitutes the entire agreement and understanding between You and Us and govern your use of the Services and/or Our website, and/or Applications, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms shall be executed and interpreted following Latvian law.
In the event of any dispute in connection with these Terms, their interpretation, and their consequences, or with the acts supplementing or modifying them, the User will contact Us to try to reach an amicable solution. Complaints must be submitted in written form.
If a cordial agreement is not reached, the User may choose:
- To resort to an amicable mediation solution within a maximum period of one (1) year from the date of your written complaint to us:
- Either by referring the matter to a mediator to reach an amicable settlement of the dispute. To this end, the dispute will be submitted to mediation following the mediation laws of Latvia,
- Or by using the online dispute resolution system available at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, bearing in mind that the proposed mediation process cannot be a prerequisite for a referral to the competent courts by You.
- To bring its claim before the competent Latvian courts.
15. Severability or Partial Invalidity
If any of these Terms are found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deleted from these Terms without affecting the other Terms. The remaining terms shall remain valid and applicable.