TERMS OF USE

Dear Madam/Sir,

We, Storapy Media, a company organized and existing under German law, thank you for visiting and reading our Terms of Use, effective September 20, 2023. By downloading or using our app, this Terms will automatically apply to you – so please, read them carefully before using Storapy app. If you have any questions, please do not hesitate to contact us.

1.
PREAMBLE
To offer our games and accompanying services such as mobile gaming apps, social media gaming apps, fan pages, competitions, promotions, forums, websites, viral features and related technologies, as well as other services (collectively referred to as “Services”), we must adhere to certain legal guidelines and rules. This ensures that we respect everyone's rights and protect you and our users' personal privacy. Please read these Terms of Use carefully, as they form a legally binding agreement and apply to your use of the Services provided by Storapy Media, a company that is organized according to the Germany laws and has a business address in Kolonnenstr. 8a, 10827 Berlin, Germany, (Storapy Media, referred to as “Storapy”,
"Us"/”us” or "We"/”we”), offers Services accessible on wireless or mobile devices, or any other currently known or future devices. These Terms apply solely to the Services we offer and do not extend to other websites or their content, features, or activities provided by any other company, regardless of the inclusion of URLs or hyperlinks within the Services, unless explicitly mentioned.
These terms apply to all Services users, whether or not you've registered an account (referred to here as "User," "You"/”you” or "Your"/”your”). By using the Services, You understand, acknowledge and agree that you must comply with these Terms and Conditions, alongside any additional terms and conditions that are relevant to specific products or services. The Services may also furnish guidelines for engaging in particular activities and services, encompassing, but not limited to, contests, sweepstakes, and other endeavours. Our Privacy Policy, together with any supplementary provisions, directives or considerations, are firmly integrated into these terms via reference. Provided that there is disparity between these terms and the particular stipulations or directives for the activity in which you elect to partake, these terms shall take precedence.
2. ABILITY TO MODIFY THIS TERMS
We may change these Terms at any time and without notifying you. Changes will be effective as soon as the updated Terms are posted. Please check back regularly to review the latest version. Only a written agreement signed by both parties can amend this agreement. Furthermore, it's important to note that an e-mail message doesn't qualify as writing and an electronic signature doesn't qualify as a signature. If you don't follow Storapy regulations related to the usage of the Services provided, your privilege to use the Services will be revoked.
3.
ELIGIBILITY
By using our Services, You represent, warrant and covenant that: - You are 18 years old or older, or if you are a minor above the age of thirteen (13), you need to have obtained the consent of your parent or guardian to use the Services in compliance with these Terms; - Your use of the Services does not violate any applicable law, rule or regulation; and - all registration information You submit to Us is truthful and accurate and that You shall maintain and promptly update the accuracy of such information.
Moreover, your use of the Services shall comply with all relevant laws, rules and regulations, and any registration information you submit to us must be honest and precise. You are also responsible for maintaining and regularly updating the accuracy of such information. If you provide false, incorrect, outdated, or incomplete information, or if we suspect that you have, we reserve the right to suspend or terminate your registration, in whole or in part, and deny your use of all or any portion of the services, at our sole discretion. If you are not a resident of Germany, you acknowledge and agree that the Services are provided solely in accordance with the laws of Germany, which may differ from those of your particular jurisdiction(s). Please ensure you are comfortable with these differences before accessing and using the Services.

4.
LIMITED LICENSE
Subject to Your agreement and ongoing compliance with these Terms and any other relevant policies, terms, conditions or guidelines of Storapy, we grant You a limited, non-transferable, revocable license to access and use the Services through a supported web browser or mobile device solely for Your personal, non-commercial entertainment use. You agree not to use the Services for any other purpose beyond this.
5.
TERM
These Terms, and any posted revisions or modifications, will remain in full force and effect while you use or register for the services. You may terminate your use or registration at any time and for any reason, and we may terminate your use, registration or license to the Service at any time, with or without prior notice or explanation, for any or no reason, and without liability or obligation to You or any third party. Even if Your registration is ended, Your responsibilities under these Terms, the Privacy Policy, any added terms or regulations, including, without restriction, any compensation, warranties, and limits of liability, shall remain valid.
6.
VIRTUAL CURRENCY
You may from time to time "earn", "buy" or "purchase" virtual currency, such as virtual coins, cash, tokens or points, for use within or in connection with the Service, or you may receive virtual in-game items in addition to virtual currency, collectively referred to as "Virtual Items". You understand
that all this items have no real-world equivalent and
these terms are used as shorthand only to describe Virtual Items. You do not actually “own” the Virtual Items and the amounts of any Virtual Item do not correspond to any credit balance of real currency or its equivalent. Instead, You may acquire a limited licence to utilise the Services, incorporating software programmes that intermittently emerge as these items. The purchase and sale of the limited licence mentioned in these Terms is a finished transaction upon receipt of your direct payment or redemption of a third party virtual currency that We accept. Any balance of virtual currency that is displayed in your Account does not represent a real-world balance or reflect any stored value. Instead, it serves as a measure of the extent of your licence.

7.
LICENSE LIMITATIONS
Any breach of these license limitations stipulated in this section is strictly prohibited and may result in the immediate revocation of your limited license provided under this agreement. Violations may also make you liable under the law. Any endeavor to disrupt or intervene with the services, including subverting or manipulating the lawful functioning of any game, is in contravention of our policy and may also constitute an infringement of both criminal and civil laws.
7.1. LIMITATIONS ON CONTENT AND USE You are responsible for your conduct, use of the services, and any content you generate in connection with your use of the services.
The services have restrictions on permissible conduct to ensure a pleasant and enjoyable experience for everyone. Please refer to the following restrictions, which govern your use of the services: - You may not create an account or access the services if you're under 13 years old. - You must monitor your account to limit access by minors and deny entry to any children under the age of thirteen (13). Any minors who use the services in violation of these terms are your responsibility. You are also accountable for any credit card, other payment instrument (e.g. PayPal), or virtual item purchases made by minors. - You shall not have more than one user account per platform, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself; - You shall not create a user account or use the services if you are a convicted sex offender;
- You may not create a user account or utilise our services if you have previously been banned from playing any of our games or removed by Storapy. Additionally, you may not use our services if you are located in a country embargoed by the United States or the European Union, or if you are on the United States Treasury Department's list of specially designated nationals. Lastly, it is required that your user account is utilised exclusively for non-commercial purposes. - Please refrain from using your user account for advertising, solicitation, or sending any commercial communications, including chain letters, junk mail or repetitive messages (spam) to anyone. - Your account must not be used for any illegal activities. - Do not sublicense, rent, lease, sell, trade, gift, bequeath or transfer your account or any associated virtual items to anyone without our prior written consent. - Do not access or use a user account or virtual items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original user account creator without our prior written permission. - If you access the services or use the services in a way that interacts with any third party platforms or social networks, you must comply with those third party terms of service/use as well as these terms. - You must not advertise, distribute or make publicly available any software or code that could be used to modify the services without our authorization or circumvent any of the security measures we have put in place for the services.
7.2.
OTHER LIMITATIONS
- You agree that you will not, under any circumstances, take any action that Storapy
deems to be contrary to the spirit or intent of the Services, including, without limitation, circumventing or manipulating these Terms and Conditions, game rules, game mechanics or policies. - You agree that you will not use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software at any time to modify or interfere with the services or your game experience. Use of our services to create or aid in the creation of cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software intended to alter or disrupt our services or any gaming experience is strictly prohibited. Additionally, you may not modify or attempt to modify any files that are part of our services without our express written consent. - Do not cause disruption or overburden any computer or server utilized to provide or support the services or any gaming environment, and do not prevent any other person from enjoying the services or any game. - Do not engage in or support any form of attack, including but not limited to the distribution of a virus, denial of service attacks on the services, or any other attempt to disrupt the services or impede another person's use or enjoyment of the services. or attempt to gain unauthorised access to the services, accounts registered to others or to the computers, servers, or networks connected to the services by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the services. - You agree not to post any content that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive. Nor shall you post any content that includes nudity, excessive violence, or offensive subject matter, or that contains a link to such content. - Do not attempt to, harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group, including our employees and customer service representatives. - Additionally, do not make available through the services any material or information that infringes upon any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any individual or entity or impersonates any other person, including a Storapy employee. - You acknowledge that you will not, under any circumstances, use the services or any part thereof for commercial purposes without our express written consent, including but not limited to (a) communicating or facilitating any commercial advertisement or solicitation, or (b) gathering or transferring virtual items for sale. (1) Use the services or any part of them to carry out in-game services, like power-levelling and item collection services, in exchange for payment outside the services; or (2) send unauthorised communications via the services, including junk mail, chain letters, spam, and any materials promoting malware, spyware and downloadable items. - You agree that you will not under any circumstances (a) interfere or attempt to interfere with the proper functioning of the services or connect to or use the services in any way not expressly permitted by these terms; (b) use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the services or that is in transit from or to the services, including, without limitation, any software that reads areas of ram or streams of network traffic used by the services to store information about our game characters, elements, or environment. We may, at our sole and absolute discretion, allow the use of certain third party user interfaces; (c) intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the services, whether through the use of a network analyzer, packet sniffer or other device; (d) make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (e) bypass any robot exclusion headers or other measures we employ to restrict access to the services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the services, or harvest or manipulate data; (f) use, facilitate, create, or maintain any unauthorized connection to the services, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the services; or (2) any connection using programs, tools, or software not expressly approved by Storapy; (g) Except where permitted by law or relevant open source licenses, it is forbidden to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the services, or to obtain any information from the services using any method not expressly permitted by Storapy; or (h) copy, modify or distribute rights or content from any Storapy website or game, or our copyrights or trademarks or use any method to copy or distribute the content of the services except as specifically allowed in these terms. - You acknowledge that you will not under any circumstances (a) solicit or attempt to solicit personal information from other users of the services; (b) collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the services; or (c) upload or transmit or attempt to upload or transmit, without our express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”). We reserve the right to investigate and take appropriate legal action against anyone who, in our sole and reasonable discretion,
Violates, or is suspected of violating, this section, including, without limitation, reporting you to law enforcement authorities. - Further, you acknowledge, consent and agree that we may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with the legal process; (b) enforce these terms; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical services; or (e) protect the rights, property or personal safety of Storapy, its users or any third parties.

8.
PROPRIETARY RIGHTS
a) Storapy is the sole and exclusive owner of all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection with the Services (the "Content") (except for certain user-generated content as set forth below), and all such Content is protected, without limitation, by United States federal, state, European and other applicable laws, rules, regulations and treaties. The term "Content" includes, but is not limited to, all games, titles, videos (and the sound recordings contained therein), artwork, photographs, illustrations, animations, graphics, logos, artwork, lyrics, text, themes, objects, characters, character names, stories, plot lines, dialogue, sound recordings, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, game recordings, game clients and servers, catch phrases, concepts, computer code, data, user interfaces, visual interfaces, including, but not limited to, the design, selection, order, look and feel, and arrangement of the Services and its dedicated site, and any copyright, trade mark, service mark, trade name, trade dress, patent, database right and/or any other intellectual property and/or proprietary right therein (including, without limitation, any content contained and/or provided in any advertising or information presented to you through the Services). The term "Services" shall include "Content" unless the context clearly requires otherwise or we expressly state otherwise in writing. b) Except as expressly provided herein, you may not use Storapy's name, trademarks, service marks or other intellectual property rights in any manner to suggest association or affiliation with or endorsement by Storapy without Storapy's express prior written consent, which Storapy may withhold in its sole discretion.
c) The Services shall be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose. You may not modify, delete or obscure any copyright, trademark, service mark or other proprietary rights notice contained in the Service, including, but not limited to, any notice contained in any Content that you post, view, print, stream or reproduce from the Service. Unless specifically authorized by Storapy, you may not, and you shall not permit any third party (whether for your benefit or otherwise) to, copy, alter, create derivative works from, display, perform, transmit, broadcast, transmit to any third party, or otherwise use any Content without the prior written permission of Storapy. Any unauthorised or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local, or applicable foreign laws, rules, regulations, and treaties. We require users to respect our copyrights, trademarks and other intellectual property rights, and we will aggressively enforce those rights to the fullest extent of the law, including criminal prosecution. We also respect the intellectual property of others. If you believe that the Services contain elements that are in violation of your intellectual property rights, please follow the procedures set forth below. d) Notwithstanding anything to the contrary in these terms and conditions, you acknowledge and agree that you have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account, are and shall forever be the property of and inure to the benefit of Storapy. In general, game accounts or other accounts created with Storapy will be considered active until we receive a request from a user to deactivate or delete them; however, we reserve the right to terminate any account that has been inactive for a period of 180 days.
e) All Content that appears on the Services is owned, licensed or otherwise entitled to be used by Storapy. Notwithstanding anything to the contrary herein, you agree that you have no right or title in or to any content appearing on the Services, including without limitation the Virtual Items appearing or originating in any Storapy game, whether "earned" in a game or "purchased" from Storapy, or any other attributes associated with a user account or stored on the Services. f) Storapy prohibits and does not recognize any purported transfer of virtual goods made outside of the Services, or the purported sale, gift or trade in the "real world" of anything appearing or originating in the Services, unless otherwise expressly authorized by Storapy in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game virtual objects for "real" money or exchange virtual objects for value of any kind outside of a game without Storapy's written permission. Any such transfer or attempted transfer is prohibited and null and void, and will result in the termination of your user account. g) "User Content" means any and all messages, pictures, audio and all other content, data and information that you upload or submit through a Storapy game client or the Services, or that other users upload or submit, including but not limited to chat text. By transmitting or posting any User Content while using the Services, you affirm, represent and warrant that such transmission or posting: (a) is accurate and not confidential; (b) does not violate any applicable laws, contractual restrictions or other third party rights, and that you have the permission of any third party whose personal information or intellectual property is contained in the User Content (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any personal information contained in such content will be processed by Storapy in accordance with its Privacy Policy. Own your user content. You hereby grant Storapy and its affiliates a perpetual, irrevocable (except as provided below), worldwide, fully paid-up, royalty-free, non-exclusive, unrestricted license, including the right to sublicense and assign to third parties, to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works, manufacture, introduce, commercialize, publish, distribute, sell, license, sublicense, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into the public domain, distribute, sell, license, sublicense, assign, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by wire, display, perform, store in a computer memory, and use and exercise in any way, now known or hereafter devised, Your User Content and all modified and derivative works thereof in connection with our provision of the Services, including marketing and advertising thereof. To the fullest extent permitted by applicable law, you hereby waive any moral rights that you may have in any of your User Content. The license you grant to us to use User Content (except for content you submit in response to Storapy promotions and contests or other content specifically requested by Storapy) terminates when you delete your User Content or you close your user account, unless your User Content has been shared with others and they have not deleted it. However, you understand and accept that removed content may remain in backup copies for a reasonable period of time.
9.
PERSONALLY IDENTIFIABLE INFORMATION
We are committed to respecting your privacy and the use and protection of your personally identifiable information. In the course of using the Services, you may be asked to provide us with certain personalised information (such information referred to herein as "Personally Identifiable Information"). Our policy for collecting and using such Personally Identifiable Information is set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. Read the privacy statement and make an informed choice. We also encourage you to read the privacy policies of our business partners and/or affiliates. You acknowledge and agree that you are entirely responsible for the accuracy and content of your personal data.
10. USER SUBMISSIONS AND ACTIVITY
a) The Services may provide you and other users with the opportunity to participate in blogs, web communities and other message, comment and communication features, and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available through the Services photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages and other information (each a "User Submission" and collectively "User Submissions"). When you submit User Submissions, you may also be asked to provide information about yourself and your submission. This may include, but is not limited to, your User ID, a descriptive title, information about the User Submission, your location and/or similar information. By submitting User Submissions, you acknowledge and agree that the term "User Submission" includes, without limitation, and refers to any information you submit or we receive relating to your User Submission. b) You understand, acknowledge and agree that all contributions are the sole responsibility of the person making such contributions. This means that you are solely and entirely responsible for the consequences of all User Submissions that you submit, upload, post, e-mail, display, transmit or otherwise make available. User Contributions do not reflect the views of Storapy and you understand that by using the Services you may be exposed to User Contributions from others that may be offensive, indecent or objectionable and therefore We do not guarantee the accuracy, integrity, quality or content of any User Contributions. Under no circumstances will We be liable in any way for any User Submissions, including, but not limited to, for any errors or omissions in any User Submission, or for any loss or damage of any kind incurred as a result of any User Submission submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
c) The Services, including without limitation all User Submission features and functions, are for non-commercial purposes only and you may not submit, post, e-mail, display, transmit or otherwise make available any User Submission that we consider to be an Inappropriate User Submission (as defined below). We shall have the right, but not the obligation, to review any User Submission and to delete, remove, move, edit or reject any User Submission, including, without limitation, any Unauthorized User Submission, for any reason or no reason, without notice to you. As used herein, the term "Inappropriate Posting" means any User Posting that violates or may be construed to violate any of the terms and conditions of these Terms, including without limitation this section, or is deemed unacceptable to Storapy, as determined in Our sole discretion. d) You grant Storapy the unrestricted, unrestricted, unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual and royalty-free right, licence, authorisation and permission to use all User Postings that you submit, post, email, display, transmit or otherwise make available, in any form or format, in or through any media or medium and with any technology or device now known or hereafter developed or discovered, for the purpose of hosting, caching, storing, maintaining, using, reproducing, distributing, displaying, exhibiting, performing, publishing, sending, transmitting, modifying, creating derivative works from, adapting, distributing, displaying, exhibiting, performing, publishing, transmitting, modifying, creating derivative works from create derivative works from, adapt, reformat, translate and otherwise exploit, in whole or in part, your User Submissions on the Services and any other websites, channels, services and other distribution platforms, whether now existing or developed in the future, for any purpose (including, without limitation, for any promotional purposes), without any accounting, notification, credit or other obligation to you, and to license, sublicense and permit others to exercise any of the rights granted to us under this Agreement, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in these Terms and granted to Storapy shall begin immediately upon submission of your User Submission and shall continue thereafter in perpetuity and for an indefinite period of time, whether or not you use the Services as a registered user. These rights survive deletion of your contribution. e) Storapy acquires no title or ownership in the User Postings you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available User Submissions, you retain any rights you may have in such User Submissions, subject to the rights, licences and privileges granted herein. You also represent, warrant and covenant that (a) you own or otherwise have the right to grant the rights, licences and privileges described in these Terms and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, display, transmission and/or making available of User Submissions does not and will not violate these Terms, any rights of any other party or entity, any of your obligations, any law, rule or regulation, or infringe, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; and (c) you are not a minor and have the legal right and ability to enter into these Terms of Use and to perform and abide by all of its terms and conditions, or, if you are a minor over the age of thirteen (13), your parent or legal guardian has agreed to bind you to these Terms of Use; (d) you have and will continue to have all the ownership, license, proprietary and other rights necessary for the establishment, authorization, grant of rights and performance of your obligations under these Terms of Use and will pay all royalties, fees and other amounts due to any person or entity by reason of your User Submissions. f) You acknowledge that others may have submitted, published or created material similar or identical to all or part of your Submissions, and you understand and agree that you are not entitled to indemnification for the use or exploitation of such material. Even if you subsequently see or learn of a presentation, sound recording, composition, demo, idea, script, drawing, motion picture, photograph, film, video or other content that appears to incorporate an idea or concept or to contain something similar or identical to that contained in a User Submission submitted by you or anyone else, this is purely coincidental and unavoidable.
g) Your information and the content of all of your online communications (including, but not limited to, chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed: (a) if We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (b) to comply with any applicable law or regulation; (c) if We have a good faith belief that the Services are being used in the commission of a crime, including the reporting of such criminal activity, or for the exchange of information with other companies and organisations for the purposes of fraud protection and credit risk reduction; (d) if We have a good faith belief that We are under a duty to disclose the information in response to a court order, a search warrant or a subpoena; or (e) if We have a good faith belief that We are under a duty to disclose the information in response to a legal process (for example, a court order, search warrant or subpoena); (e) when we have a good faith belief that there is an emergency situation that threatens the health and/or safety of you, another person or the public generally; and (f) in order to protect the rights or property of Storapy, including the enforcement of our Terms. By entering into these Terms, you irrevocably consent to such monitoring, access and disclosure. h) You are solely responsible for your interactions with other Service users and other parties you interact with through the Services and/or Games. Storapy reserves the right, but does not have the obligation, to become involved in any way in any such disputes. i) If you have a dispute with one or more users, you agree to indemnify and hold harmless Storapy (and our officers, directors, agents, affiliates, joint ventures and employees) from and against all claims, demands, and damages (actual and consequential) of every kind and character, known and unknown, arising out of or related to such disputes, including, without limitation, damages for loss of profits, goodwill, use, or data. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time the release is executed and which, if known by him or her, would have materially affected his or her settlement with the debtor.
10.
ACCOUNT AND PASSWORD
In order to access and use certain content, features, functions and/or services, we require you to register for the Services and to have a unique combination of a user name and a password (collectively, a "User ID"). Any access to or use of the Site by yourself or any person or entity using your UserID will be your responsibility, whether or not such access or use is authorized by yourself or on your behalf, and whether or not such person or entity is your employee or representative. You agree to: (a) immediately notify us of any unauthorised use of your User ID or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to: (a) control the distribution and use of your User ID; (b) control access to your account; and (c) terminate your account for the Services. We reserve the right to deny access, use and registration privileges to any user of the Services if we believe that there is a question as to the identity of the person attempting to access an account or any element of the Services. We will not be responsible or liable for any loss or damage caused by you failing to comply with this section. 12. ORDERS AND PURCHASES OF GOODS AND SERVICES Within the Services and by virtue of your use of the Services, you may purchase with "real world" money a licence for the use of virtual items and/or other goods or services. Purchases or redemptions of third-party virtual currency to license virtual items are non-refundable. You may license Virtual Items by visiting the purchase page in any of our games, providing your billing information, confirming your purchase details and agreeing to these Terms. When you purchase a licence for virtual items from our services, we may send you a confirmation e-mail that will have details of your order. You should check the accuracy of the details contained in the confirmation e-mail as soon as possible and keep a copy of the e-mail for your own records. In order to deal with any subsequent queries, Storapy keeps a record of transactions. You agree to the payment terms of the third party and that Storapy is not a party to the transaction when you purchase virtual currency from a third party. In the case of Virtual Items, your order constitutes an offer to us to purchase a licence for the relevant services. We will accept this offer when we make the Virtual Items available in your account for you to use in our games or when we charge your credit card or your account, whichever occurs first. Your licence to use the Virtual Items for use in Our Games is a service provided by Us, which commences upon acceptance by Storapy of your purchase or redemption of virtual currency from a third party. By ordering a licence to use Virtual Items, you agree and accept that Storapy will make it available to you immediately after having completed your purchase. If you are a resident of the European Union and you purchase a product or service from Storapy, you have the right to cancel the purchase within seven calendar days from the day after the purchase date (the "cooling-off period"). However, you lose your right to cancel if performance of the Services begins before the Cooling Off Period expires. Accordingly, please note that if you purchase a licence to use Virtual Goods from Us, your right of cancellation will be lost as performance of our Services will commence immediately upon completion of your purchase. You agree to pay all fees and applicable taxes incurred by you or any person who uses a user account registered to you. Storapy may change the prices for the goods and services it licenses to you through the Service at any time. You acknowledge that Storapy is under no obligation to provide refunds for any reason and that you will not receive any money or other compensation for unused virtual items in the event that an account is closed, whether such closure was voluntary or involuntary.
13. ADVERTISERS
Occasionally, you may choose to communicate with, interact with or obtain goods and services of third parties such as our advertisers, sponsors or promotional partners (collectively, "Advertisers") found on or through the Services or a linked site. All such correspondence, interaction and participation are strictly and solely between you and such advertisers and we shall not be responsible or liable to you in any way in relation to such activities or transactions (including but not limited to any representations, guarantees, agreements, contracts or other terms that may exist between you and the advertisers or any goods or services you may purchase or receive from an advertiser). Please review such advertisers' terms and conditions and privacy policies.
14. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability or your use of URLs or hyperlinks referred to or included anywhere on the Services, or any other form of link or redirection of your connection to, with or through the Services, is not an endorsement by, and shall not give rise to any obligation, responsibility or liability on the part of Storapy, its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers or operational service providers. We do not review, endorse or have any responsibility for such third-party sites, their business practices (including, but not limited to, their privacy policies), or any goods or services associated with or obtained in connection with such sites, whether or not the logo and/or sponsorship identification of the Services or Storapy is displayed on the third-party website as part of a co-branding or promotional arrangement. In the event that a third-party website with which you interact obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability for their disclosure of your personal information. Accordingly, we encourage you to be aware when you leave the Services and read the terms and conditions and privacy policies of each website you visit. 15. DIGITAL MILLENNIUM COPYRIGHT ACT a) If you are a copyright owner or your agent and believe that content on the Service infringes your copyright, you may make a notification under the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details) - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right claimed to be infringed; - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such copyrighted works on the Services; - Identify the material that is claimed to infringe or to constitute infringed activity and that is to have been removed or access to it disabled, and information reasonably sufficient to enable us to identify the material; - Information that is reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; - An explanation of your good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. - The statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is claimed to be violated. Written notification of the alleged infringement is to be sent to the Designated Agent listed below: - Storapy Copyright Agent - Storapy Media Kolonnenstr. 8a, 10827 Berlin, Germany - privacy@storapy.net For the avoidance of doubt, only DMCA Notices should be sent to the Designated Agent and all other feedback, comments, requests for technical support, and other notices should be sent to Our Customer Service Department. You acknowledge and agree that if you do not comply with all of the requirements set forth in this section, your DMCA Notice may not be valid. b) We reserve the right to remove any and all Content that we reasonably believe to be in violation of the copyright rights of others. However, if you believe that your Content that has been removed (or to which access has been disabled) is not infringed, or that you have permission from the copyright owner, the copyright owner's agent, or under applicable law to make such Content available to us for use on the Services, you may send a counter-notice containing the following information to our DMCA agent - Your handwritten or e-signature; - Identify the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; - An explanation of your good faith belief that the material was removed or disabled due to mistake or misidentification. - Your name, address, telephone number and, if available, email address and a statement that you accept service of process from the person notifying the alleged infringement. If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that it has 10 business days in which to replace the content that was removed or to cease disabling the content. The removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion, unless the copyright owner files an action seeking a court order against the content provider or user. c) Please be aware that you may be liable for damages (including attorneys' fees and other costs) if you materially misrepresent a claim that content is in violation of your copyright. Therefore, if you are not sure whether material available on the Services infringes your copyright (it may be protected under exceptions to the copyright law, such as fair use), we suggest that you seek legal advice before making a claim. We do not, and cannot, provide legal advice as to the merits of any claim or dispute with respect to copyright law.
16. ASSIGNMENT
These Terms of Service and all rights, licences and privileges granted hereunder are not transferable by you, but may be assigned by Storapy without restriction and without notice to you.
17. INDEMNIFICATION You agree to defend, indemnify and hold harmless Storapy, its successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers and operational service providers from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) (collectively, "Claims") arising in any way out of (a) your use of the Service, (b) your breach or violation of these Terms, or (c) your Eligibility. Storapy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such event, you agree to cooperate with our defense of such matter.
18. DISCLAIMER AND LIMITATION OF LIABILITY
a) The Services and all content, products, services and user submissions are provided on an "as is" and "as available" basis without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, or that the Services will be available for use or that any products, features, functions, services or operations will be available or perform as described. b) Without limitation to the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors or omissions in your use of the services. You understand, acknowledge and agree that you assume the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, but not limited to, User Postings and Content associated with your use of the Services. b) You understand, acknowledge and agree that the use of the Services by you is at your sole risk. c) You understand and agree that, to the maximum extent permitted under applicable law, Storapy, their succussing and assignees shall not be liable for any loss or injury of any nature whatsoever arising out of or related to the use of the services or these terms and conditions. d) You further understand and acknowledge that the capacity of the Service, in the aggregate and to individual users, is limited. Consequently, some messages and transmissions, including without limitation User Submissions, may not be processed timely or at all, and some features or functions may be limited, delayed or unavailable. As a result, you acknowledge and agree that Storapy assumes no liability, responsibility or obligation for the transmission, processing, storage, receipt or delivery of any transactions or User Submissions or for any failure or delay in connection with any User Submissions. You are hereby expressly advised not to rely on the timeliness or performance of the Services for any transactions or User Submissions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages and remedies, so some of the exclusions and limitations described in these Terms of Use may not apply to you.
19. MISCELLANEOUS
a) These Terms, together with any Additional Terms, rules, our Privacy Policy and any other rules, procedures and policies that we refer to and are hereby incorporated by reference, contain the entire understanding and agreement between you and Storapy regarding the Services and supersede any prior or inconsistent understandings regarding the Services and your use of them. These Terms of Use may not be modified or terminated by oral agreement. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, the other provisions shall remain in full force and effect and these Terms of Use shall be deemed amended to the extent necessary to make them legal, valid and enforceable. Any provision that must survive in order for us to give effect to its intent shall survive the termination of these Terms. However, no action arising out of these Terms or your use of the Services, regardless of the form or basis of the claim, may be brought by you more than one year after the cause of action arose (or, in the case of multiple causes of action, from the date the first such case arose).
b) This Agreement does not create the relationship of principal and agent, shareholder, joint ventures, employer and employee, trustee or any other similar relationship. You are prohibited from representing to anyone that you represent or are authorised to represent Storapy. c) The waiver or failure by Storapy to exercise any right provided for herein shall not be deemed to be a waiver of any other right provided for herein. Storapy's rights and remedies set forth in this Agreement are cumulative and in addition to any other rights or remedies Storapy may have at law or in equity, except for the sole and exclusive remedies expressly provided herein. d) You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Storapy that cannot be adequately compensated by monetary damages and that Storapy may seek injunctive relief, specific performance and/or other equitable relief as a remedy for such breach or threatened breach without posting bond or other security. e) Neither you nor Storapy shall be responsible for any delay or failure in performance due to acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in government regulations, epidemics, fire, communication lines, power failures, earthquakes, other disasters or any other reason where the failure to perform is beyond the control of the defaulting party and not caused by the defaulting party.
f) These Terms and your use of the Services shall be governed by, construed and enforced in accordance with the internal substantive laws of the State of California (without regard to the conflict of law’s provisions of the State) applicable to contracts made, executed and wholly performed in California, and for the purpose of any legal or equitable action, you specifically consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of California and County of San Francisco and agree not to object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. In any action or proceeding brought to enforce any right or obligation of the parties under this Agreement, your use of the Services, or relating to the subject matter hereof, you hereby waive any right you may now or hereafter have to a trial by jury. g) This Agreement is written in the English language and all disputes between the parties shall be resolved in the English language. You understand and acknowledge that any foreign language services provided by Storapy are for information purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure that you understand the terms of these Terms. h) These Terms were last amended on the date above and are effective immediately. The section titles in this Agreement are for convenience of reference only and shall not control or affect the meaning or construction of any provision of this Agreement.
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