GENERAL TERMS AND CONDITIONS of dGeim s.r.o.

version 1.1, effective as of April 30, 2021.

PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

INTRODUCTION

The following general terms and conditions (hereinafter as the “GTC”) regulate the use of online and mobile games and other services related to it provided in app stores by dGeim s.r.o., CSLA 1279, 925 52 Soporna, Slovakia, European union, ID No.: 47009853, website: www.dgeim.com and www.alligator.sk (hereinafter referred to as "dGeim").
dGeim is the provider of high-level IT services and among others offers also online and mobile games together with other services within the context of its technical and operational capabilities. dGeim continuously updates, changes, and develops its online and mobile games and other services at its own discretion.
User (YOU) is an individual/natural person who is interested in and intends to participate to use the dGeim’s IT services, especially online and mobile games. Only individual persons are permitted to be authorized users (no groups, families, etc.).
These GTC constitute a legally binding agreement concluded between dGeim and User.
Users can participate in the respective online game, mobile game, or other offer in its respective form provided at any given time. This does not include periods of time during which the use of online and mobile games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. dGeim is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which dGeim' general servers or the servers of certain games do not allow online access due to reasons beyond dGeim' control (force majeure, third party responsibility, etc.).
Online and mobile games and other services offered by dGeim are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited.
dGeim retains the right to cease operating an online or mobile game or remove a specific service without explanation.
Other provisions or general terms and conditions of a user, which deviate from dGeim' GTC, shall only apply if dGeim gives prior written consent to their validity.
In this GTC, the term "service" includes all websites, web pages, and apps within the service as well as any equivalent, mirror, replacement, substitute or backup websites and web pages or apps that are associated with the service. By using this service, you understand, acknowledge and agree that you will abide by the terms of this GTC and any additional terms that govern certain products and services. The words "use" and/or "using" in this GTS mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the service, transmit, receive or exchange data or communicate with the service, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the service, for any purpose whatsoever. This GTC does not cover your rights or responsibilities with respect to third party content, sites, apps, or any links that may direct your browser or your connection to third party sites or apps.

LICENSE

The dGeim services and products (incl. online games and mobile games) are the result of own creative intellectual activity of dGeim and therefore form an intellectual property rights of dGeim.
The contents of this service, including all service software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the service, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of dGeim, under the act No. 185/2015 Coll., as well as applicable foreign laws, regulations and treaties.
dGeim services are not sold to you, but licensed.
Unless the context clearly requires otherwise or we explicitly say so in writing, the term "service" includes "Material" as well. The service is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the service, including notices on any Material you download, transmit, display, print or reproduce from the Service. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or app), or otherwise use, any Material without the express prior written consent of dGeim. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
dGeim hereby grants you the limited right to access, view and use the service only for the purposes of accessing, viewing or playing content, posting or submitting user Material. By using our services, you agree and consent to let us collect, use, and share any data necessary to provide you such services. dGeim reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the service. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to dGeim. Minors should seek consent of his or her legal guardian before using this service. Unless you have received specific written permission from dGeim, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the service; (b) alter or modify any content on the service; or (c) deep link or gain unauthorized access to any portion of the service. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the service for any commercial purpose.
We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act quickly to remove content on the service that infringes the copyright rights of others and will disable the access to the service and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this service and to promptly end any infringement that might occur. If you believe that the service contains elements that infringe your copyrights in your work, please contact us immediately.
dGeim or its licensors own and reserve all other rights, including all rights, title and interest in dGeim's services and associated intellectual property rights.

REGISTRATION

In order to use the online and mobile games and other services provided by dGeim, users must install the game in questioz from the app store. Registration is not required unless the terms of the game in question expressly state otherwise.
If a user uninstalls an online or mobile game from his device, all data will be deleted from the game, e.g. scores, levels, points, etc.
Only natural persons are eligible for registration.
This service is offered and made available only to users meeting the minimal legal age to provide their own consent (e.g., at least 13 years of age in the US and at least 13 to 16 years of age in the EU, depending on the country). If you do not meet the minimal legal age, please discontinue using the service immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this GTC, please discontinue using the service immediately. By using or attempting to use the service, you certify that you are at least the minimum age and meet any other eligibility requirements of the service. If you are found to be under the minimum age, your account may be terminated without notice, but it may be reinstated when you exceed the age by having your parents send us proof of your birthdate via our contact page.
Users must enter a player name and generally an email address registered to the user in order to register for the online games; the mobile games require a player name. Users have no claim to a particular player name. The selected player name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a player name. Users must ensure that the information provided to dGeim during registration is genuine and complete.
Certain games also allow registration using Facebook login credentials. The data required for registration shall be taken from the user's Facebook account for this purpose.
Users must register for their accounts themselves. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.
After successful registration, the user creates an account ("user account") which the user can manage independently. The user account cannot be transferred without the explicit consent of dGeim.
Users have no right to claim registration or activation. dGeim reserves the right to decide about the registration of the user.
Users agree to immediately provide dGeim with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for dGeim the accuracy of their data upon request.
Login data, identification, passwords

Users are required to maintain strict confidentiality regarding all login data, identification, and passwords, and, users are required to protect all login data, identification, and passwords from third-party access.
The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player name, and it should consist of a combination of numbers and letters.
In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform dGeim immediately and change their data or have it changed by dGeim. In this case or in the event that dGeim has concrete evidence of misuse of data, dGeim has the right to temporarily block access to the user's account. If there is evidence of misuse of data, dGeim shall inform the user.
Users are under no circumstances entitled to use the login data of another user, unless the rules of the respective online or mobile game or other service allow for exceptions.

TERMS FOR THE USE OF ONLINE AND MOBILE GAMES

Users are responsible for ensuring that their own software and hardware is suitable and up-to-date in order to take part in the game.
The user may only take part in every round of an online game or mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The use of several user accounts by one user is not permitted. Multiuser accounts such as these may be deleted or banned at the reasonable discretion of dGeim.
Users are prohibited from enacting any form of manipulative interference in online or mobile games. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
Under no circumstances may users:

create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,
use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games,
use virtual items that are being used in online or mobile games outside of the online or mobile games, or sell or swap virtual items,
sell, buy, or trade user accounts.

This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
Users are also prohibited from running the online game (including all individual web pages) with programs other than the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.
It is prohibited to apply measures that hide advertisements. It is of no significance whether advertising is deliberately hidden or can not be displayed in general e.g. by so-called pop-up blockers, text-based browsers, or similar.
The automated creation of user accounts, regardless of whether the home page is displayed or not, is not permitted.
dGeim or contractors authorized by dGeim hold all and exclusive rights to items used and virtual items provided in online or mobile games. Users will only receive a non-exclusive right of use to the virtual items for the duration of the user agreement.

SPECIFIC CONDITIONS FOR THE USE OF COMMUNICATION FACILITIES

Users take full responsibility for the content and entries they post. Users agree to release dGeim from any legitimate claims from third parties arising from a culpable violation of the users' obligations. dGeim explicitly does not claim content entered by users as its own. However, users shall grant dGeim the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
Within the context of these communication facilities, users are prohibited from publishing or distributing content on dGeim' websites that:

violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
is of an abusive, harassing, or defamatory nature;
includes chain letters or pyramid schemes;
falsely suggests that it is provided or supported by dGeim;
contains personal data of third parties without their explicit consent;
is commercial, in particular promotional, in nature.

The inclusion of websites or names of companies and products is only permitted if this is not primarily for advertising purposes.
All users of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.
Notwithstanding any other rights under these GTS, dGeim has the right to fully or partially remove content and entries that violate the rules of these GTC. dGeim also has the right to exclude users who violate these rules, in whole or temporarily, from further use of dGeim' online and mobile games, websites, and other services.

CONSEQUENCES OF A BREACH OF DUTY

dGeim is not liable for damages resulting from a user's breach of duty.
Regardless of any additional legal or contractual rights, it is at the reasonable discretion of dGeim to take the following actions against any user who culpably breaches statutory law, third party rights, these general terms and conditions, or any respective additional regulations and game rules:

remove content,
issue a warning to the user,
temporarily or permanently block a user from specific or all online and mobile games and content of dGeim' websites,
suspend a user, also from certain game functions (e.g. chat),
issue a temporary or permanent virtual ban from the game in cases of a violation of item 6 of these general terms and conditions, or
immediately terminate the contract.

If users have been blocked or excluded, they may not log in again to a service provided by dGeim without the prior consent of dGeim.

USAGE FEES

Users can play the online and mobile games offered essentially free of charge. However, the user can pay money to purchase virtual currency (e.g. rubies, gold, jewels, the "premium currency"), certain virtual features, and other services (together with the "purchasable features") within the context of the online games and mobile games. The price for the desired virtual currency appears in euros, US dollars, or in another currency applicable to the user's region.
Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available in the online or mobile game.
Users can submit their offers to purchase the available features by selecting the desired item and desired payment method offered in the respective online game or mobile game, clicking on the “BUY NOW” button, and thus concluding the order process.
The payment options vary according to the online or mobile game, the participant's country, and the technically feasible payment options available in the market. dGeim reserves the right to amend their payment options.
The money is collected via the service provider commissioned by the user for the respective payment process or via a transfer made by the user. For mobile games, money is collected via the respective app store. In individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of dGeim.
After completion of the payment process or, in the case of a transfer, after the receipt of the money in dGeim' account, dGeim shall credit the purchased features to the user's account in respective game. The credit simultaneously represents that the user has accepted a contract from dGeim regarding the purchase of available features.
The user acknowledges and agrees that all information provided as part of a payment transaction (in particular bank account, credit card number, etc.) is complete and correct.
dGeim retains the right to revise the fees for features available for purchase. This includes dGeim' right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.
Statutory interest shall accrue in case of delay with the payment. dGeim is also entitled to block the user account, recover further damages, and terminate services.
Should dGeim incur back charges or cancellation fees at the fault of the user (including an inadequate account balance), the user shall bear the costs incurred from this.

CONTRACT DURATION / DELETION OF USER ACCOUNTS

Unless expressly stated otherwise for the respective online game, mobile game, or other service, the contract for the use of the dGeim' website, online games, mobile games, and other services runs for an indefinite period of time. The contract comes into a force after installation of respective game into user’s device and after accepting/clicking the consent with these GTC and with processing of personal data.
The contract may be terminated by either party at any time with immediate effect, provided that a temporary contract period has not been agreed.
Either party has the right to terminate the contract for good cause without giving a period of notice. "Good cause" constitutes, in particular, if:

a user has defaulted on payment of the fees, and does not pay despite reminders,
a behavior significantly affecting the game experience of other players is being displayed,
cheats, mods, and/or "hacks" as well as any other form of software, tools, or scripts that alter the gaming experience or the game mechanism of online or mobile games are being used,
third parties make use of a user's account, unless the rules of the game allow for specific exceptions,
a user makes use of a third party user account or uses more than one user account per online game, unless the rules of the game allow for specific exceptions,
a user uses virtual items being used in online or mobile games outside of the online or mobile games, attempts to buy or sell these virtual items for "real" money, or tries to trade them,
a user has sold, bought, or traded a user account, or
the user culpably violates laws that serve to protect other players or dGeim
the user deliberately violates these general terms and conditions, additional governing provisions, and/or the rules of the game.

The contract terminates at the moment when the game is uninstalled from the user's device.
In the case of extended inactivity, dGeim is entitled to delete the inactive user account after giving prior notice of this and only after at least 3 months of inactivity. Moreover, dGeim is entitled to delete a user account at the end of the contract at its own discretion.

USE OF ALLIGATOR’S WEBSITES AND WEBSITE CONTENT

dGeim' websites and mobile games include various content that is protected by trademarks, copyrights, or other means for the benefit of dGeim or third parties. Unless explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of dGeim' websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by dGeim. The term "content" also includes, in particular, all services available for download.
Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of dGeim' websites, any individual services and/or offers there, or its online and mobile games. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users' use of dGeim' websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
Any use of dGeim' websites or mobile games for commercial purposes, especially advertising purposes, requires the express prior written consent of dGeim.
Users are not entitled to publish content on dGeim' websites, online games, mobile games, or other services.
dGeim' websites may not be used via an anonymization service that hides the user's true IP address.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SERVICE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the service. You understand, acknowledge and agree that you are assuming 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 service, including, without limitation, postings and Materials associated with your use of the service.
EXCEPT AS SPECIFICALLY SET FORTH IN THESE GTC, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SERVICE, ALLIGATOR, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENCORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE OR FROM THESE GTC, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY ALLIGATOR ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT ALLIGATOR OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON ALLIGATOR; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO ALLIGATOR. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Users are held personally liable for any violation of a third party's rights. Users agree to reimburse dGeim for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release dGeim from all eligible claims that other users or third parties may file against dGeim due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of dGeim' legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
The liability of dGeim, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:

If dGeim provides the respective liability-causing service free of charge, dGeim is liable only for malice and gross negligence.
In the case of non-gratuitous services, dGeim' liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, dGeim will only be liable for a breach of essential contractual obligations such as delay or unavailability which dGeim is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that dGeim had to calculate upon conclusion of the contract due to the circumstances prevailing at this time.
"Essential contractual obligations", as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.
dGeim assumes no liability for interruptions within the network that are not the fault of dGeim.
dGeim is not liable for a loss of data in accordance with the foregoing paragraphs.

INDEMNIFICATION

You agree to indemnify, defend and hold the service, dGeim, and any of their respective officers, directors, employees, agents, representatives, licencors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these GTC by you, or public posting of your postings.

GOVERNING LAW / DISPUTE RESOLUTION

The relevant legislation of the Slovak Republic shall apply to relations arising from these GTC. Slovak law shall be the governing law. The relations governed by these GTC are governed by the Civil Code. Any disputes arising out of these GTC will be settled before the General Courts of the Slovakia.
The European Commission also provides a platform for alternative dispute resolution between consumers and online traders (ODR platform). You can access the ODR platform using this link: http://ec.europa.eu/consumers/odr.
dGeim generally communicates with the user via email - unless indicated otherwise by these terms and conditions. Users need to ensure that they regularly check the email account specified at registration for messages from dGeim. When contacting dGeim, users must indicate which online or mobile game and which user account the message concerns.

FINAL PROVISIONS

These GTC apply on the day of user’s registration/authorisation, unless otherwise agreed.
dGeim retains the right to modify these GTC even without prior notice to the user. dGeim may send its users the amended general terms and conditions via email or inform them that the amended GTC can be accessed via the dGeim' websites.
In addition to these terms and conditions, any existing rules of the respective online or mobile game shall also apply. In the case of an inconsistency between these GTC and the rules of the game, the provisions of these general terms and conditions shall prevail when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain online or mobile games, specific versions and/or components of online or mobile games, and individual services offered on dGeim' websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.