Terms of Use

1. About these Terms of Use

These Terms of Use (“Terms”) is a legal agreement between you andScalac Sp. z o.o. (registration number REGON: 222015231, having registered office at ul. Czeslawa Milosza 9/9, 80-126 Gdansk, Poland, Gdańsk, Poland)(“Scalac Sp. z o.o.”, “Vixa Games”, “we” or “us”).

By visiting www.vixagames.com and any other site or online service that is owned or operated by Scalac Sp. z o.o (each, a “Site” and collectively, the “Sites”), using mobile games published by Scalac Sp. z o.o (each, an “App” and collectively, the “Apps” and together with the Sites, the “Platform”), playing games that can be played through third party platforms, e.g., via consoles, PCs and/or social media sites such as Facebook (“3rd Party Platform Games”) or otherwise access any of our other products, services or content through any of our Platform or through 3rd Party Platform Games (collectively,“Services”), you agree to and accept the Terms, which we may update from time to time. Your use of our Services is also subject to our Privacy Policy(which is a part of the Terms) which cover how we collect, use, share and store your personal data.

By downloading, installing,usingor otherwise accessing the Services, you agree tothe Terms. If you do not agree to the Terms, please do not download, install,useor otherwise access the Services. Use of the Services is void where prohibited.

Our Apps download/purchase page maycontaincertain additional terms, conditionsand requirements, which constitute a part of the Terms. In case you download/purchasethe Apps through an online store such as Google Play Store, Apple App Store, etc. (“Online Store”), please, review the terms and conditions of the owner of thatparticular OnlineStore, which may provide for certain additional requirements applicable to the download of the Apps through that Online Store, its installation and use.

2. Changes and Severability

We reserve the right, at our discretion, to change,modify, add or remove portions of the Terms at any time by posting the amended Terms. If there is a material change, we may alsoprovideadditional notice within the Services. Unless westateotherwise, the changes are effective immediately upon posting. Each time you access our Services, the Platform or 3rd Party Platform Games, the current version of the Terms applies, and you agree that the changes apply to your continued use of the Services. If you do not agree with any amendment to the Terms, your only remedy is to cease use of our Services.

If anyportionof the Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.

3. Requirements To Use

By installing,accessingor using our Services you confirm that you are at least 16 years of age and have a full legal capacity to enter into this agreement. In case you are between 16 and 18 years of age, you hereby confirm, that your parent, or a legalguardian, or other representative under the applicable law has reviewed and agrees to the Terms and allows you to access and/or use our Services.

We also reserve the right, in our sole discretion and at any time, todiscontinueor modify our Services or any part thereof or remove or edit Content (as defined below), without prior notice either permanently or temporarily, at which point your right to use those Services or any part thereof will be automatically terminated or suspended.

The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help to protect your personal data against unauthorized access or disclosure, however, we may not guarantee that your personal data or private communications will always remain private when using ourServices. You accept all responsibility for such security risks and any damage that may result therefrom. It is also your sole responsibility to use all reasonable and recommended measures (such as complex passwords, etc.)in order tosecure your device from any unauthorized access.

4. Purchases in the Services

When youpurchasethe Apps from the Online Store, including subscriptions and in-app purchases, the payment for such purchases may be processed either by third parties on our behalf, or directly by the owner of the Online Store. Whenpurchasingthe Apps, including subscriptions and in-app purchases, you agree that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents. If you download the Apps from the Online Store owner, before effecting the purchase from the Online Store, please also review and accept the terms and conditions of the Online Store ownerwith regard toyour rights to cancel orders and get related refunds.

Some of our Services may be available on a subscription basis. Subscriptions may be weekly, monthly, tri-monthly, semi-annual, annual, seasonal or lifetime.

Payments for such subscriptions wouldbe chargedat your account at the confirmation of the purchase. They maybe processedby third parties acting on our behalf, or by the Online Store owner. Subscription will automatically renew for the same price and duration period as the original subscription package chosen by you, unless you turn off the auto-renew: (i) in case of an Apple App Store, at least 24-hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time before the end of the subscription period. Your account willbe chargedfor renewal within 24-hours prior to the end of the current subscription period (Apple App Store), or at the end of the subscription period (Google Play Store) at the cost of the chosen package. You may manage subscriptions and turn off auto-renewal by going to the user's account settings after the purchase. You can cancel the subscription at any time and the cancellation will take effect after the end of the last day of that subscription period. Certain of our subscription services may be offered on a free trial basis for a certainperiod of time. You may cancel a subscription during its free trial period via the subscription setting through your account. This mustbe done24 hours before the end of the freetrial subscription period (Apple App Store), or at any time before the end of the freetrial subscription period (Google Play Store), otherwise it will be renewed as a paidsubscription.

5. Ownership and License

Our Services arecomprisedof works and intellectual property owned by Scalac Sp.z o.o. and/or its licensors, including, without limitation, games, artwork, graphics, images, screen shots, text, sound, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”).

Under the Terms, we grant you a non-exclusive, personal, limited, revocable and non-transferable license to use our Services, provided you agree tocomply withtheTerms. The Content in our Services are for gaming services and for your non-commercial enjoyment and entertainment. Any other use, including modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without our prior written permission, isstrictly prohibited.

You are not granted any other right, title or interest in our Services or any Content except as expresslyprovidedherein. All other rightsare reserved.

Notwithstanding the Terms, the open source software is licensed to you subject to the terms and conditions of the respective software license agreementsaccompanyingsuch open source software.

IF YOU HAVE BEEN FOUND IN VIOLATION OF THE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT ANY TIME,TO LIMIT, SUSPEND, MODIFY OR TERMINATE ACCESS TO SERVICES OR ANY PORTION THEREOF. IF THIS HAPPENS, SCALAC SP. Z O.O. IS NOT REQUIRED TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. IN ADDITION, YOU MAY BE FOUND TO BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, INCLUDING SCALAC SP. Z O.O.’S INTELLECTUAL PROPERTY RIGHTS.

6. Users Generated Content

On certain areas of our Platform or otherwise, you may be able to chat with other users, andsubmittexts, files, images, photos, videos, sounds, musical works, worksof authorship, text postings and other materials and content (“User Generated Content” or “UGC”). Your posting of UGC is subject to the Terms and the following posting rules (“Posting Rules”):

A. You agree that your UGC is:
  • Accurate;
  • Not confidential;
  • Not in violation of law;
  • Not in violation of contractual restrictions orthird partyrights, and that you have permission to use content from any other party whose personal or other information or intellectual property is contained in the UGC;
  • Not abusive, harmful, libelous, profane,obsceneor otherwise objectionable;
  • Not for commercial purposes or business solicitations; and
  • Free of viruses, corrupting files, interference, cheat software,wormsor othermalicious code.

B. Responsibility of Postings. You understand and acknowledge that UGC is solely your responsibility, and that Scalac Sp. z o.o. is not responsible for the information, data,textor other materials that may appear in UGC. Opinions expressed in UGC do not necessarily reflect the opinions of Scalac Sp. z o.o.. UGCis not necessarily reviewedby Scalac Sp. z o.o. prior to posting and Scalac Sp. z o.o. makes no warranties, express or implied, as to the UGC or to the accuracy and reliability of the UGC.

C. No Monitoring/Violation Notices. You acknowledge that Scalac Sp. z o.o. does not necessarilymonitorany materials posted, transmitted, or communicated toor within the Platform. Notwithstanding the foregoing, you further agree that Scalac Sp. z o.o. and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any UGC that is available via the Platform.

YOU UNDERSTAND AND AGREE THAT SCALAC SP. Z O.O. MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE, IF SCALAC SP. Z O.O DEEMS THAT YOU MATERIALLY BREACH THESE POSTING RULES, THE TERMS, APPLICABLE LAW, OR FOR ANY OTHER REASON. SCALAC SP. Z O.O. ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM OUR PLATFORM AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS TO SERVICES.

7. Ownership and License of UGC

After posting your UGC to the Platform, you continue toretainall ownership rightsin such UGC, and you continue to have the right to use your UGC in any way you choose, subject to the Terms and the license described herein (“UGC License”).

A.Scope of License. By displaying, publishing, or otherwise posting any UGC on or through the Platform, you hereby grant to Scalac Sp. z o.o. the non-exclusive,irrevocable, worldwide, royalty free license to edit, adapt, publish, reproduce, distribute, publicly display and use your UGC and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you.

B.Representations. You represent and warrant that: (i) you solelyownthe UGC displayed, published or posted by you on the Platform or otherwise have the right to grant the license set forth herein, and (ii) the displaying, publishing or posting of your UGC does not violate infringe on the rights of any third party, including any copyright, trademark, patent, trade secret or other intellectual property right, or the privacy rights, publicity rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any UGC displayed,publishedor posted by you to the Platform. Except for your UGC, you may not edit, adapt, publish, reproduce, distribute, publiclydisplayand use any UGC appearing on this Platform.

8. Links to Third Parties

Our Services may feature advertisements from third party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such websites or resourcesof the third parties, and we are not responsible or liable for any content, advertising,or services they provide.

Any content,advertisingor services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Scalac Sp. z o.o. is not liable for any claim relating to any content,goodsor services of third parties.

9. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SCALAC SP. Z O.O, ITSDIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BYYOU OF THE TERMS, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.

10. Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, SCALAC SP.Z O.O., ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE ONLINE STORES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, SCALAC SP. Z O.O MAKES NO WARRANTY THAT THE SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGEOR LOSSES ARISING FROM YOUR USE OF OUR SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.

11. Limitations of Liability

UNDER NO CIRCUMSTANCES WILL SCALAC SP. Z O.O OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THE TERMS OR RELATED TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE SERVICES UNDER THE TERMS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12.Waiver of Our rights

Our failure to exercise or enforce any of our rights under the Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if itis in writing and signed by us.

13. Terms, Termination and Survival

A. Term. The term of this agreementcommenceson the date you first indicate your acceptance of the Terms and will continue in effect until otherwise terminated in accordance with the Terms.

B. Termination by you. You may cease use of the Platform at any time. Your cessation of use of any service or request that access to the Platform beterminated, will not entitle you to any refund, including of any fees. In addition, youare responsible forany charges incurred to third-party vendors or content providers before your cancellation.

C. Termination by SCALAC SP. Z O.O. SCALAC SP. Z O.O may terminate orsuspend, withdraw, restrict or remove all or any part of our Services at any time in the event that (i) SCALAC SP. Z O.O ceases providing such services to similarly situated users generally for business or operational reasons, or (ii) you breach any terms of this agreement (including the Privacy Policy or Posting Rules).

D. Survival of Terms. All provisions of the Termswith regard toprivacy, intellectual property rights, warranty disclaimer, limitations of liability, indemnification, governing law, severability, waiver of our rights and dispute resolution will survive the termination.

14. Governing Law

The provisions of the Terms shall be governed by and construedin accordance withthe laws of the Republic of Poland.

15. Dispute Resolution

Most concerns canbe solvedquickly by contacting us at contact@vixagames.com

In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, then that dispute will be subject to thejurisdictionof the courts ofthe Republic of Poland.

16. Force Majeure

Neither you nor we will be liable for any failure to perform any obligation under the Terms or to provide access to Services of that failure is caused by the happeningof any unforeseen event beyond your or our reasonable control, including without limitation, war, terrorism, riots, embargoes, Internet outages, network infrastructurefailures, natural disasters, fire, flood or act of God.

17. Miscellaneous Terms

A. Entire Agreement. The Terms (including the Privacy Policy) constitutes the entire agreement between you and SCALAC SP. Z O.O. regarding the use of our Services and supersedes all prior understandings.

B. Assignment. We can assign,subcontractor transfer the Terms to a third party or an affiliate of SCALAC SP. Z O.O. if necessary for the support of our Services, as part of any reorganization, change of control, or for any other business reasons. You may not assign or transfer your rights or obligations under the Terms to anyonewithout first obtaining our written consent. Any attempt to assign without our consent is void.

C. No Beneficiaries. The Terms governs the relationship between you and us anddoes not create any rights for anyone else. Notwithstanding the foregoing,in the event ofa valid assignment or transfer, the Terms shall be binding on and inure to the benefit of the relevant party’s representatives, successors, and permitted assigns.

D. No Right to Obligate the Other. The Terms does not create a partnership, jointventureor similar relationship between the parties, and neither party will havethe power to obligate the other party in any manner whatsoever.

E. Contact Information. You can contact us at contact@vixagames.com

© 2018 Vixa Games