TERMS AND CONDITIONS OF USE
You may only use this Site and any materials on this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, presentations, promotional materials, audiovisual and multimedia works, and any other elements or expressions) (collectively, the "Materials") in accordance with the terms and conditions of this Agreement, and you agree to abide by such terms and conditions at all times.
Limited License. Subject to the terms and conditions of this Agreement, PrimeBit Games S.A. grants you a non-exclusive, non-transferable license to access and use this Site solely for your personal use. Such license is subject to this Agreement and does not include: (a) any commercial use of the Site or the Materials contained therein; (b) distribution, public performance, public display, public communication or other unauthorized use of any Materials; (c) modification or otherwise making any derivative use of the Site or the Materials or any portion thereof; (d) downloading (other than page caching) any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Materials in a manner inconsistent with their intended use. Any use of the Site or the Materials other than as expressly permitted herein, without the prior written consent of PrimeBit Games S.A., is strictly prohibited and will void the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications laws and statutes. Except as expressly provided herein, nothing in this Agreement shall be construed as granting any license of intellectual property rights, whether by estoppel, implication or otherwise. PrimeBit Games S.A. may revoke this license at any time.
User Conduct. Your use of the Site, including the forums provided on the Site, is strictly subject to your compliance with the PrimeBit Games S.A. Code of Conduct . ("Code of Conduct"), which is available for review here. Although the Code of Conduct describes certain actions that PrimeBit Games may take against your account for failure to comply with the Code of Conduct, such descriptions are not exclusive or exhaustive and are primarily for informational purposes. Please note that your failure to comply with the Code of Conduct at all times constitutes a breach of this Agreement and may invalidate your license to access or use the Site.
PrimeBit Games reserves all rights in the Materials not expressly granted herein. Subject to PrimeBit Games' policies regarding the use of its intellectual property, where applicable, you may not: (i) use or transmit any Materials on or to any other website or network; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials; (iii) reproduce any Materials other than as specified above; (iv) distribute, license, rent, sell, lease or otherwise transfer any Materials; or (v) remove, obscure or alter any copyright or other proprietary rights notices on or in any Materials.
You represent, warrant and covenant that: (i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Site and the Materials (including, without limitation, all export control laws, regulations and orders ); (ii) you are not located in, under the control of, or a citizen or resident of any country to which the export of any Materials is prohibited by law, and (iii) you will not upload or otherwise transmit to this Site any software or other materials that: (a) contain viruses or other harmful code; (b) infringe, misappropriate, or violate any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral rights, right of attribution or integrity, or any other intellectual property right or proprietary right ( collectively "Proprietary Rights" of any person or entity; or (c) contain any material that is defamatory, libelous, or misrepresents any person.
All right, title and interest in and to this Site, the Materials and all related Proprietary Rights are owned by PrimeBit Games S.A. or its licensors, and no ownership of any of the foregoing is transferred to you under this Agreement or PrimeBit Gamesna's permission to use the Site.
While PrimeBit Games S.A. welcomes comments and feedback on its products and services, PrimeBit Games S.A. does not accept or consider any material for use in its products or services that has not been expressly solicited by PrimeBit Games S.A. . If you post or submit any content to the Site ("User Content"), including but not limited to the PrimeBit Games forums, you understand and agree to the following terms:
You hereby grant to PrimeBit Games S.A. a perpetual, irrevocable, worldwide, fully paid-up, non-exclusive right and license to use the User Content and all elements thereof, in any and all media, formats and forms now known or hereafter developed. PrimeBit Games S.A. has the unrestricted right to copy, reproduce, amend, modify, adapt, translate, reformat, prepare derivatives, add and delete, alter and transpose, produce, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly make available, publicly perform, provide access to, transmit, and practice User Content, as well as any modified and derivative thereof, and any elements contained therein, and use or incorporate part or parts of User Content or elements thereof in conjunction with or in any other material. In the event that you send or otherwise communicate to PrimeBit Games S.A. any concepts, ideas or opinions regarding PrimeBit Games S.A. products or services. , you shall not be entitled to any compensation for such submission unless expressly agreed between you and PrimeBit Games, and PrimeBit Games shall be free to use any such submission in any manner it deems appropriate. Any such submission by you shall not create any contractual relationship between you and PrimeBit Games S.A. . Except where such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "moral morality" or any similar law in any country in the world. You represent and warrant that Your Content does not infringe any copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or share User Content that is unlawful, unauthorized, defamatory, obscene, invasive of another person's privacy, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. PrimeBit Gamesmay remove any User Content and any related content or items from the Platform at its sole discretion.
THIS SITE AND ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS AND ALL USERS DO SO AT THEIR OWN RISK. To the extent permitted by applicable law, PrimeBit Games S.A. DISCLAIMS, AND USER HEREBY DISCLAIMS ALL WARRANTIES AND LIABILITIES OF THE COMPANY PrimeBit Games S.A. , EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, (A) THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THE IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) THE CLAIM IN DEED (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU acknowledge that PrimeBit Games S.A. DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE AVAILABLE UNINTERRUPTED, OR THAT THIS SITE, ANY MATERIALS FROM THIS SITE, OR THE SERVER THAT MAKES THIS SITE AVAILABLE, ARE FREE OF HOSTILES, OR OMISSIONS OR VIRUSES OR OTHER HARMFUL COMPONENTS.
To the extent permitted by applicable law, in no event will PrimeBit Games S.A. be liable in contract, warranty, tort, product liability, strict liability or any other theory to you or any other person or entity for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out of or in connection with any use, inability to use, or the results of use of this Site or any Materials on this Site or on this Website, even if PrimeBit Games S. A. or its representative has been advised of the possibility of such damages.
You agree to defend and indemnify PrimeBit Games S. A. , its parent company, subsidiaries, licensors and affiliates from any and all claims, liabilities, losses, injuries, damages, costs or expenses incurred by PrimeBit Games S.A. in connection with the use of the Site by third parties.
This Agreement shall be governed by and construed in accordance with the laws of Poland, without reference to conflict of laws provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. Any disputes between you and PrimeBit Games S.A. , which arise out of this Agreement or your use of the Site, shall be resolved in accordance with PrimeBit Games S.A.'s Dispute Resolution Policy.
No failure or forbearance on the part of PrimeBit Games S.A. to exercise its rights or to insist on the performance of its obligations under this Agreement shall be construed as a waiver or relinquishment of such or any other rights or obligations in this or any other instance; rather, the same shall remain in full force and effect.
If any provision of this Agreement is found to be illegal, invalid or for any reason unenforceable, such provision shall be narrowed in scope or otherwise modified to the extent necessary to make such provision legal, valid and enforceable while reflecting, to the extent possible, the intent of the party set forth in this Agreement or, if such modification is not possible, severed from this Agreement. No modification or severance of any provision of this Agreement shall affect the validity or enforceability of the remaining provisions.
This Agreement constitutes the entire agreement between you and PrimeBit Games S.A. with respect to the subject matter hereof. PrimeBit Games S.A. may amend, modify or update this Agreement from time to time, and the amended Agreement will be effective prospectively. For ease of reference, PrimeBit Games S.A. will amend the "Last Updated" date above.
