END USER LICENSE AGREEMENT
This End User License Agreement (EULA) constitutes an agreement between you and Cartamundi Services nv, with registered office in Belgium at 2300 Turnhout, Visbeekstraat 22 (VAT n° BE 0877.568.403) and its affiliates (Individually or collectively called "Cartamundi").
To provide the Play That Card ("PTC") gaming experience, the "PTC software" makes use of backend "PTC Services"
THE PTC SOFTWARE IS LICENSED TO YOU, NOT SOLD, ON A PERSONAL BASIS.
BY INSTALLING, USING OR ACCESSING THE PTC SOFTWARE OR USING OR ACCESSING THE PTC SERVICES, YOU HEREBY ACCEPT AND ARE BOUND BY THE TERMS OF THIS EULA.
DO NOT INSTALL, USE OR ACCESS THE PTC SOFTWARE OR PTC SERVICES IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA.
Cartamundi reserves the right to modify this EULA at any time so please review it frequently. You will be notified through the PTC software in case of important changes. If you continue to use the PTC software or services after a change in the EULA, that use will constitute your acceptance of the changed terms.
Cartamundi is constantly evolving its products and services. This also means that we may change or discontinue any software, service or pricing thereof without notice or liability.
Cartamundi reserves all the rights not expressly granted to you in this EULA. Any breach of the conditions as set forth in this agreement will result in an immediate termination of the license granted and will allow Cartamundi to apply the necessary measures to prohibit any further use of the PTC software or services.
Subject to this EULA and its terms and conditions, Cartamundi hereby grants you a non-transferable, non-exclusive, revocable, non-sub licensable, limited and personal license to use one copy of the PTC software for non-commercial use on one device. You hereby acknowledge that no title or ownership in the PTC software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the PTC software.
Similarly, and subject to this EULA and its terms and conditions, Cartamundi hereby grants you a non-transferable, non-exclusive, revocable, limited and personal right and license to use the PTC services for your non-commercial use, only through the PTC software or specific front end user interfaces (e.g. Web page) provided by Cartamundi.
The above granted licenses and rights also apply to any update or change of the PTC software or services.
Except for the rights explicitly granted to you in this EULA, Cartamundi retains all rights, title and interest, including intellectual propery rights, in the PTC software and services, including the copy of the PTC software on your device.
Cartamundi may include or use links to third party services in the PTC software or third party services may be made available through the PTC services. These third party services, such as but not limited to social media connectivity, are governed by third party terms and conditions which by use of these services will constitute a separate agreement between you and the third party service provider.
You may not:
- rent, lease, sublicense, sell, assign, loan, or otherwise transfer or commercially exploit the PTC software or the PTC services, your copy of the PTC software or any of your rights and obligations under this License;
- remove or destroy any copyright notices or other proprietary markings on the PTC Software;
- reverse engineer, decompile, disassemble, modify or adapt the PTC software or the PTC services, merge the PTC services into another program, or create derivative works of the PTC software or PTC services;
- copy or distribute the PTC software;
- use the PTC software or the PTC services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License.
If the PTC Software was provided to you for trial use for a limited period of time or number of uses, you agree not to use the Software following the expiration of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your device after deletion of the Software in order to prevent you from installing another copy and repeating the trial period.
3. PAYMENT AND TERMS OF VIRTUAL GOODS
Cartamundi may license to you certain virtual goods or coins to be used within the PTC software or PTC service. These virtual goods or coins may be licensed for free, for a fee or in exchange of a physical or digital token.
Such virtual goods or coins are licensed to you on a limited, personal, non-transferable, non-sub licensable and revocable basis. Any payment for licenses for virtual goods or coins or redemption of physical or digital tokens is always final and non-refundable.
Cartamundi may regulate, modify or eliminate virtual goods or coins at any time, with or without notice and shall have no liability to you or any third party in the event that it exercises any such rights.
Subject to mandatory legislation, you acknowledge that Cartamundi is not required to provide a refund for virtual goods or coins, for any reason, and that you will not receive money or other compensation for unused virtual goods or coins, whether your loss of license under this EULA was voluntary or involuntary.
4. TERM and TERMINATION
This EULA is effective until terminated by either party. You may terminate this EULA at any time by deleting the PTC Software from your device. This EULA will terminate automatically without notice from Cartamundi if you fail to comply with any provisions of this EULA.
If this EULA terminates, you must stop using the App(s) and delete them from your device.
All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.
5. DISCLAIMER OF WARRANTIES
You are aware and agree that the use of the PTC software or the PTC services is at your sole risk. To the fullest extent permissible under applicable law, the PTC software and the PTC services are provided to you "as is" with all faults, without warranty of any kind and without performance assurance or guarantees of any kind. Cartamundi does not make, and hereby disclaims, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Cartamundi does not warrant that the PTC software or PTC services will be error free, that any errors will be corrected or that the PTC software will be available for reinstalls to the same or other devices.
Some jurisdictions do not allow the exclusion of or limitation on implied warranties or the limitation on the applicable statutory rights of a consumer. You hereby agree that the above exclusions and limitations apply to the fullest extent permitted by law in your applicable jurisdiction.
6. LIMITATION OF LIABILITY
In no event will Cartamundi, its employees, directors or affiliates be liable for any incidental, indirect, special, consequential or punitive damages or any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of business information, loss of privacy, failure to meet any duty and negligence) arising out of or in any way related to the use or inability to use the PTC Software or the PTC services, even if Cartamundi or an authorized representative of Cartamundi has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. You hereby agree that the above exclusions and limitations apply to the fullest extent permitted by law in your applicable jurisdiction.
In no event will the liability of Cartamundi for damages with respect to the PTC software or the PTC services exceed the amounts actually paid by you to Cartamundi for the use thereof.
Your privacy is important to Cartamundi. When creating or updating an account to gain access to the PTC software and the PTC services, you may be asked to provide Cartamundi with certain personal information such as, but not limited to, your name, address, phone number, email address, date of birth, age and such other information depending on the type and level of gameplay you are signing up for.
Additionally, Cartamundi may require you to provide payment information to play certain gameplays or use certain features of the PTC services.
In order to optimize and secure your gaming experience, Cartamundi will also have the right to obtain non -personal data from your use of the PTC software and your connection to the PTC services.
This agreement is governed by the laws of Belgium and constitutes the entire agreement between you and Cartamundi with regards to the PTC software and the PTC services. It supersedes all prior oral or written understandings regarding such subject matter. You agree to submit any dispute arising out of this EULA to the exclusive jurisdiction of the Courts of Turnhout.
If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be applied to the maximum extent permitted by law and/or it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.