You agree that we may send you electronically any necessary notices, agreements and other information concerning the Websites. If you no longer agree to receive notices electronically, please cease using the Websites.
We may discontinue or change any service or feature on the Websites at any time and without prior notice.
You must provide, at your own expense, the equipment and Internet connections you require to access and use the Websites. If you access the Websites through a telephone line, please call your local phone company to check whether the access numbers you select will be subject to long distance or other toll charges at your location. Furthermore, if you access the Websites through a wireless application (e.g. a mobile phone), your carrier, i.e. a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your provider to establish whether any such fees apply to you. You are solely responsible for any costs you incur in accessing the Websites through any wireless or other communication services.
7.1 You may use the Websites for lawful purposes only. You may not submit or transmit through the Websites any information, content or material or otherwise engage in any conduct that:
7.2 You may not use our Websites:
7.3 By using our Websites, you agree:
Each player may only have one account. We reserve the right to delete an account in the case of a player with multiple accounts, or for any other reason.
7.5 You may not use the Websites or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending of) unsolicited bulk communications. You may not induce or allow others to use the Websites to violate the terms described in this section. We may terminate your access or use of the Websites immediately and proceed to legal action should you or anyone using your access to the Websites violate these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, using or remaining within our computer or communications networks.
7.6 Any information, content or material you have created, submitted or transmitted through the Websites and which is covered by intellectual property (or similar) rights shall be licensed to us as a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence, and we are entitled to use such intellectual property on or in connection with the Websites or any other medium.
7.7 When you provide information, content or material and use the public privacy setting, it means that all the visitors to the Websites will have access to such information, and that we have no control over this information or how it is used by such visitors.
7.9 If you select a username, we reserve the right to remove or reclaim it if we consider it appropriate to do so.
By using the Websites, you confirm that you are 13 years of age or older or that, if you are under 13 years of age, you are accompanied and directly supervised by a parent or legal guardian. If you are under 13 years of age, please do not access the Websites without your parent or legal guardian directly supervising you. You agree that if your computer, Internet-enabled device, Internet connection and/or facilities (whether owned, leased, or borrowed) access or assist users in accessing the Websites or services, you will not allow or assist, knowingly or unknowingly, children under 13 years old to access the Websites or services except while directly supervised by a parent or legal guardian. You agree that if you do allow or assist children under 13 years old to access the Websites without a parent or legal guardian directly supervising them with your computer, Internet-enabled device, Internet connection and/or facilities (whether owned, leased or borrowed), you will assume full liability for any consequences, and that under no circumstances (including, but not limited to, negligence) will SPIL, any third-party content provider or their respective agents be liable for any direct, indirect, incidental, specific or consequential damages arising from the use of or inability to use the sites by users under 13 years of age, even if such party has been advised of the possibility of such damages.
Intellectual Property Rights to the Websites
We own the intellectual property rights to the design of and the information on the Websites, including the name of the Websites and the look and feel of the colour combinations, button shapes and other graphic elements pertaining to the Websites. Such intellectual property is protected by international treaties and by copyright, trademark, patent and trade secret laws as well as other proprietary rights. For example, we own the copyright on the selection, organisation, arrangement and enhancement of the Websites, as well as on our original content on the Websites.
Intellectual Property Rights to the Games
We own the intellectual property rights to a large number of the games on the Websites, and for certain games, we requested and obtained permission from the copyright holders known to us. We were unable to find any copyright information for some games or, due to general use on the Internet, this information can no longer be obtained. Some games may be used under special conditions, considering a number of prerequisite constraints. These prerequisite constraints are, as far as we can determine, met by SPIL. We do not change anything in the source code of the games and for example, credit holders, brand names and references to websites remain unchanged.
If, in your view, any copyright or other intellectual property right ("IP right") that you may have is being infringed by/on the Websites, please inform us immediately, and provide us with:
SPIL may engage third party payment service providers ("PSP") to provide payment transaction services to SPIL and the users of the Websites to sell products and services through the Websites. When you purchase a product from the Websites (e.g. a virtual game item or a subscription for a game download), you enter into an agreement with the PSP that you will fulfil the payment. SPIL shall never be responsible or liable for the communications between you and the PSP, and any information you supply to the PSP will be covered by the PSP's own privacy policies and/or any other stipulations of such PSP. You shall indemnify SPIL for any chargebacks or other claims from the PSP as a result of non-fulfilment of the payment.
The Websites may include links to third party websites including links provided as automated search results. Some of these sites may contain material that is objectionable, unlawful or inaccurate. The existence of such links does not indicate that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other material on these third party sites. Any transactions you may carry out with advertisers found on the Websites are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim that you may have against any advertiser.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut the software down during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
You agree to fully comply with all import and export laws, regulations, rules and orders of The Netherlands or any other foreign government agency or authority (e.g. the United States), and you agree not to directly or indirectly export, re-export, transfer, and/or release the software, related technology or any product thereof for any proscribed end use or to any proscribed country, entity or person (wherever located) without proper governmental authorisation. You bear full responsibility for and to assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all the necessary authorisations and clearances. You further agree to assume responsibility for and to bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all the necessary authorisations and clearances.
We provide the Websites as is, with all their errors and as available. We and our suppliers make no express warranties or guarantees about the Websites. SPIL is not obliged to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the Websites and all the software, content and services distributed through the Websites are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need and non-infringing. We do not guarantee that the Websites will meet your requirements or will be error-free, reliable, without interruption or available at all times. We do not guarantee that the results obtained from the use of the Websites (including any support services) will be effective, reliable or accurate, or will satisfy your requirements. We do not guarantee that you will be able to access or use the Websites (either directly or through third party networks) at times or locations of your choice. No oral or written information or advice supplied by a representative of SPIL shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Websites. In no event shall our liability (or the liability of our parent company or our suppliers) for any and all claims relating to the use of the Websites exceed the total amount of service fees that you have paid to us during a one-year period for the service concerned. We, our parent company, our content partners and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use or reliance upon the Websites. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction or any other commercial damages or losses, even if we were aware of, or should have been aware of the possibility of such damages. As certain countries, states and jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions our liability (and the liability of our parent company and suppliers) shall be limited to the extent permitted by law.
Upon request from us, you agree to defend and indemnify us and hold us and our parent company and other affiliated companies as well as any respective employees, contractors, officers, directors and agents harmless from all liabilities, claims and expenses, including any legal fees that may arise from your use or misuse of the Websites. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
We make no representation that any content of the Websites is appropriate or available for use in locations outside The Netherlands. When accessing the Websites from territories where the content is illegal is prohibited, if you choose to access the Websites from a location outside The Netherlands, you do so on your own initiative and you are responsible for compliance with local laws.
You agree that the laws of The Netherlands govern this contract, and that any claim or dispute you may have against us, without regard to Dutch conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable. Furthermore, you agree that any disputes or claims that you may have against us will be resolved by a court located in The Netherlands, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.