Effective date: 07.08.2018
This Terms of Service is a binding contract between you and Crazy Oyster Games (“Crazy Oyster Games”), its subsidiaries and affiliated companies that govern your use of the Service. The “Service” means (i) the website located at the URL crazyoystergames.com (the “Site”), including any services, features and content accessible or downloadable from the Site, and (ii) any other applications, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources.
- YOUR AGREEMENT TO THESE TERMS OF SERVICE
Please carefully read these Terms of Service. By registering for an Account or otherwise using the Service, you represent that (i) you are age 13 or older, (ii) you understand and agree to these Terms of Service, and (iii) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Service.
YOU MUST AGREE TO THIS TERMS OF SERVICE AGREEMENT BEFORE USING OUR WEBSITE AND/OR PLAYING OUR GAMES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE OR ACCESS OR USE OUR GAMES.
- CHANGES TO THE TERMS OF SERVICE AND THE SERVICE
IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE USE OF THE SITE AND UNINSTALL ANY GAMES YOU MAY HAVE INSTALLED ON YOUR DEVICE.
- LIMITED LICENSE GRANT AND RESTRICTIONS
Crazy Oyster Games grants to you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use and display: (a) the portions of the Service that are freely accessible from the Crazy Oyster Games site or that are, with Crazy Oyster authorization, made freely accessible from third party websites or sources, and (b) such other portions of the Service accessible on a “for-payment” basis, provided that you have paid the applicable fees and satisfied all applicable conditions. The license in the preceding sentence is (i) only for your personal, non-commercial use; (ii) only for a single computer to access the Site and only on a Device to access applications; and (iii) subject to your compliance at all times with these Terms of Service.
You agree not to and not to attempt to: (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Service; or (ii) use the Service for any use or purpose other than as expressly permitted by these Terms of Service. Neither Crazy Oyster Games nor any of the Crazy Oyster Games Parties grant to you any licenses or rights except for the licenses and rights expressly granted in these Terms of Service.
- REGISTRATION, USER DATA AND ACCOUNTS
You may register to play our games through the Service (the “Account”). As part of this registration process, you may be asked to provide information about yourself in order to use the Service. You agree to provide and maintain (updating as necessary) true, accurate, complete and current information as requested by the Service. If you provide any information that is not true, inaccurate, incomplete or not current, Crazy Oyster Games has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you. You are responsible for maintaining the confidentiality of your Account and you are fully responsible for all activities that occur under your Account with or without your knowledge.
- YOUR CONTENT, SERVICE MATERIALS
Crazy Oyster Games and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials, except for Your Content and except as otherwise expressly set forth in these Terms of Service. You shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods. You agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws by a jurisdiction of Poland. All rights not expressly granted by these Terms of Service are reserved by Crazy Oyster Games and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content, nor will you attempt to do so, except as expressly permitted in writing by Crazy Oyster Games and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
“Service Materials” means all information and materials that are part of the Service, including without limitation the following: any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; and User Content.
- USER CONTENT
The Service may invite you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, etc.), including by making the foregoing available to Crazy Oyster Games and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). Crazy Oyster Games has no obligation to accept, display, review, maintain or otherwise exploit any User Content.
You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Crazy Oyster Games has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, validity, legality, decency, integrity or any other quality. Crazy Oyster Games makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You bear all risks associated with, the use of any User Content available in connection with the Service. Crazy Oyster Games shall not be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.
Notwithstanding the foregoing, Crazy Oyster Games reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Service, or for no reason, at any time. You may bring User Content that you believe violates against these Terms of Service, or other inappropriate user behavior, to Crazy Oyster Games’ attention by emailing email@example.com
User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential and that Your Content will not be returned to you. You represent and warrant that Your Content is original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Service without Crazy Oyster Games incurring any third party obligations or liability arising out of its exercise of such rights and licenses. Crazy Oyster Games does not claim any ownership rights in Your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit Your Content. Crazy Oyster Games has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
You hereby grant to Crazy Oyster Games a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose Your Content via the Service or by any other means. You also hereby grant to Crazy Oyster Games the right to sublicense and authorize others to exercise any of the rights granted to Crazy Oyster Games under these Terms of Service. You further hereby irrevocably grant to Crazy Oyster Games the unconditional right to use and exploit your name, voice, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.
- RESTRICTIONS AND RULES OF USE
The following restrictions and rules apply to your use of the Service. As a condition of your use of the Service you agree to comply with the restrictions and rules set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service itself. (1) You shall not create an Account or access the Service if you are under the age of 13 (2) You shall monitor your Account to restrict use by minors and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of your Account by minors. You are responsible for any use of your credit card or other payment instrument by minors (3) You shall not use your Account for any commercial purpose, including any attempt to raise money for any party or any purpose or advertise; promote or attempt to trade or sell a website, pyramid scheme or any other product or service of any kind, or perform market research on the Service (4) You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements (5) You shall not use your Account to engage in any illegal conduct (6) You shall not rent, lease, sell, trade or otherwise transfer your Account or any virtual items or virtual currency associated with your Account to anyone without Crazy Oyster Games prior written permission (7) You shall not submit false refund requests to Crazy Oyster Games or third party platform. You agree not to: (I) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (II) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (III) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law; (IV) use the Service to harm minors in any way; (V) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (VI) defraud or mislead Crazy Oyster Games or other users; (VIII) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (IX) create any Account by automated means or false pretenses or use any other user’s Account for any purpose, including to circumvent a suspension or ban; or (X) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Crazy Oyster Games experience to the detriment of fair play.
You also agree to comply with all applicable laws or other rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws or other rules regarding the transmission of technical data exported from Poland or the country in which you reside.
In addition, you agree not to use the Service or any portion of the Service to commit actions that Crazy Oyster Games considers, in its sole discretion, to be detrimental in any way to the Service or to any user’s enjoyment of the Service.
Crazy Oyster Games reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the these Terms of Service or the Service itself and to take action as a result, which may include termination of your Account and exclusion from further participation in the Service.
- VIRTUAL CURRENCY AND VIRTUAL GOODS
The Service may include virtual currency, such as coins, points or similar items that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (“Virtual Currency”). The Service may also include virtual digital items or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (“Virtual Goods”). Crazy Oyster Games reserves the right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods. Crazy Oyster Games shall have no liability to you or any third party in the event that Crazy Oyster Games exercises any such rights. You have no right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service except the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Crazy Oyster Games.
You agree that the transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Service. Also, outside of the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to Crazy Oyster Games, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable unless Crazy Oyster Games or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that these Terms of Service, your Account or the Service is terminated for any reason, which may include without limitation Crazy Oyster Games discontinuation for any reason of the applicable portion of the Service, you will forfeit all Virtual Currency and Virtual Goods and Crazy Oyster Games will have no liability to you in connection with that forfeiture.
“Feedback” means any comments, suggestions or feedback about, or in connection with, the Service that you provide to Crazy Oyster Games. You agree that any Feedback shall be the exclusive property of Crazy Oyster Games, and you assign all rights, title and interest in and to such Feedback to Crazy Oyster Games. You agree that unless otherwise prohibited by applicable law, Crazy Oyster Games may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without compensation to you.
You may terminate your Account at any time and for any reason by sending an email via crazyoystergames.com. Crazy Oyster Games may terminate this Terms of Service, your Account and your access to the Service at any time and for any reason. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your user names, avatars, characters and achievements, Virtual Currency and Virtual Goods.
- DISPUTES WITH OTHERS
Crazy Oyster Games reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service. You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. You will cooperate fully with Crazy Oyster Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Crazy Oyster Games access to any password-protected portions of your Account. Crazy Oyster Games hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Service.
- DISCLAIMERS OF WARRANTIES AND DAMAGES, LIMITATIONS OF LIABILITY
Crazy Oyster Games and you are liable only for damage caused by intent or gross negligence. Other than in case of intent, Crazy Oyster Games and you are not liable for indirect damage and consequential damage.
Where the damage is due to the culpable breach of a material contractual duty or to the breach of a duty the discharge of which allows the proper performance of the agreement in the first place and on the fulfillment of which Crazy Oyster Games can regularly rely and if you are responsible for such breach of duty, you will be liable in accordance with the statutory provisions. In the event of simple negligence, however, liability shall be limited to foreseeable and typical damage.
You agree to indemnify, defend and hold Crazy Oyster Games Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your Account) use of the Service, (3) your (or anyone accessing the Service using your Account) violation of these Terms of Service, and (4) your (or anyone accessing the Service using your Account) violation of any rights of any other person or entity. Crazy Oyster Games reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with Crazy Oyster Games to defend these claims.
- GOVERNING LAW AND REMEDIES
These Terms of Service and any action related thereto or to the Service will be governed by the laws of the Republic of Poland without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Warsaw, Republic of Poland. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to Crazy Oyster Games under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Crazy Oyster Games for which remedies at law are inadequate. Crazy Oyster Games shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.
- LINKS TO THIRD PARTY WEBSITES
The Service may contain links to third party resources or websites. You acknowledge and agree that Crazy Oyster Games is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Crazy Oyster Games of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Crazy Oyster Games may remove any links at any time for any reason or for no reason.
- MISCELLANEOUS PROVISIONS
(a) Access and Availability. You agree to be responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and any other equipment needed for access to and use of the Service, and all charges related thereto. Crazy Oyster Games operates and controls the Service from its offices in Poland. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Crazy Oyster Games to any registration requirement within such jurisdiction or country.
(c) No Waiver. The failure of Crazy Oyster Games to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
(d) Assignment. These Terms of Service may not be assigned by you without Crazy Oyster Games prior written consent, but are freely assignable by Crazy Oyster Games.
(e) Compliance. Upon Crazy Oyster Games request, you will furnish Crazy Oyster Games any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service.
(f) Construction and Waiver of Defenses. You agree that these Terms of Service will not be construed against Crazy Oyster Games by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
(g) Force Majeure. Crazy Oyster Games shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.
For all correspondence, please contact us via firstname.lastname@example.org