Terms of Service for Exploders
Where these terms of service refer to Website they refer to the Exploders website, accessible at http://www.exploders.com
. Where these terms of service refer to User, reference is made to the person who visits the Website and plays the Exploders game.
Article 1: Services and availability
1.1 The services that Exploders ("Exploders") provides, consists of providing the Website where Users, after an optional registration, can play games and can make use of other software and/or services in accordance with these terms of service and any other additional applicable terms for the service in question.
1.2 For the availability of the Website and the games/services offered on it, Exploders depends on the proper functioning of the systems of the User and of the underlying Internet infrastructure, which Exploders cannot control. Exploders cannot guarantee that the Website and/or the games offered on it and/or other services are available at all times to the User.
1.3 Exploders reserves the right to temporarily interrupt the Website and/or the games/services provided thereon in order to provide for maintenance of, or upgrades or improvements to the Website, the games/services in question or Exploders' computer systems.
Article 2: Establishment of an agreement and User accounts
2.1 With each use on this Website of a game or other software and/or service by User, an agreement is entered into between Exploders and User.
2.2 If you decided to register for a User account on the Exploders Website, you provide a valid email address, password and a Username ("Login Credentials") in order to complete the registration process. You are responsible for maintaining the confidentiality of your Login Credentials, and are fully responsible for all activities that occur under your Login Credentials. If you use the Exploders Website in a way that is not authorized by these terms of service, including in a way that is not allowed under our chatroom rules, and any other posted community rules, we can suspend your account temporarily or delete it.
2.3 You agree to (i) immediately notify Exploders of any unauthorized use of your Login Credentials or any other breach of security, and (ii) ensure that you exit from your account at the end of each play session. You may not register twice or use more than one set of Login Credentials when you access or use the Exploders Website. Sharing your Login Credentials with anyone else is a violation of these terms of service, and if at any time Exploders learns that you have given others access to your Login Credentials, Exploders reserves the right to terminate your account and your access to the Exploders Website immediately.
Article 3: Premium features and currency
3.1 Exploders may make certain additional features of the Exploders Website available in return for payment. Information on the prices of the premium features offered, the functions included with these premium features and their requirements for use can be obtained from the Exploders Website. Depending on the premium feature and price, a one-time payment may have to be made in order to credit a User account with features or items which may be used for certain purposes subject to the respective rules of the games on the Website, or to make payments which are due periodically, such as on a daily, weekly, monthly, quarterly, semiannual or yearly basis. All prices listed include all possible applicable taxes. Any credit cannot be transferred to another User.
3.2 The games on the Website are updated regularly. Exploders reserves the right to offer new premium features at any time, and prices advertised on the Website and in any advertisement can be changed without prior notice. In the course of adapting and developing the games, Exploders also reserves the right to discontinue individual premium features and/or to offer them only in the basic version of the games. All Users are excluded from reimbursement of fees paid. In the event of a permanent discontinuation of a game, we may credit you for other Exploders games or reimburse all fees paid in advance. If the User is a minor, he or she expressly declares when ordering the premium features that he or she has received the means of payment necessary for these services or were freely available to him or her.
3.3 User agrees that Exploders immediately begins with the performance of its services, and that User consequently does not have the right to rescind the agreement for a period of seven to fourteen days following section 7:46d(i) of the Dutch Civil Code (or the relevant local implementation of the relevant provisions of Distance Selling Directive (Directive 97/7/EC) or the Consumer Rights Directive (Directive 2011/38/EU), whichever applies.
3.4 Costs incurred for Internet access in order to (be able to) visit the Website are for the account of the User.
Article 4: Conditions of use of services
4.1 The use by User of the games/services offered on the Website is subject to the restrictions in these terms of service.
4.2 The games/services offered on the Website may only be used for personal and non-commercial purposes.
4.3 When using the games/services offered on the Website it is not permitted to:
a. infringe on the intellectual property rights of Exploders and/or its suppliers, whereby intellectual property rights include copyright, database rights, neighboring rights, trademark rights, patent rights or other rights of industrial or intellectual property;
b. collect personal data of other Users of this Website or to publish personal data from anyone other than the User;
c. make abusive, harassing, offensive, discriminatory, rude or otherwise indecent (all to be assessed by Exploders in its sole discretion) comments against one or more individuals or institutions;
d. to offer goods and/or services for sale, for rent, for loan or otherwise;
e. to disrupt or limit the operation of this Website, which in any case is understood to include the circumvention of technological protection measures, the damaging of a computerized work and/or stored data of Exploders and/or parties engaged by it, and the overloading of computer-systems and/or computer-networks of Exploders and/or of parties engaged by it; and/or
f. to otherwise act in breach of any law or applicable regulation, or to otherwise act unlawfully to or harm Exploders and/or third parties engaged by it.
4.4 Exploders reserves the right to take technical and legal measures, insofar necessary, in order to enforce compliance with these terms of service.
Article 5: Consent for younger players
5.1 Insofar required User hereby declares to be 13 years of age or older, or to have the consent of his parents/guardians for playing the games and/or use the other services of Exploders and to provide Exploders with personal data in connection therewith.
Article 6: Intellectual Property
6.1 The intellectual property rights to all games/services offered by Exploders are the property of Exploders or of a third-party from whom Exploders has obtained the right to make available to User (part of) these services.
6.2 Exploders hereby gives User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to the games/services offered by Exploders, subject to User complying with the provisions of this User agreement.
6.3 Except insofar as permitted by binding law, User may not reproduce, decompile or reverse engineer the software made available to him or her.
Article 7: Warranties
7.1 All games/services offered on the Website are provided as is. Exploders does not warrant that the games/services offered on the Website will operate without interruption, be error free or suitable for any specific purpose, or that errors or other problems will be resolved in new or different versions of the games/services.
Article 8: Limitation of Liability
8.1 The content of the Website is compiled and maintained by Exploders with constant care and attention. However, errors cannot always be avoided. Consequently, no rights can be derived from the information and services offered on the Website. Except in the case of intent or gross negligence, Exploders assumes no liability for any damage resulting from the use of the Website, or from the use of the games/services offered on the Website, or from the incompleteness and/or inaccuracy of the information provided on the Website, or for any damage that is the result of the Website being (temporarily) unavailable.
8.2 The Website contains links and/or hyperlinks, in the form or advertisements or otherwise, to other websites that Exploders does not manage. These are included for informational purposes only and selected in good faith for Exploders’ target audience. Exploders gives no warranty and accepts no liability for the content, use and availability of such websites.
8.3 Insofar there is any liability of Exploders, this liability is at all times limited per event (whereby a connected series of events counts as one event) to the fees paid in the then current calendar year by User to Exploders for the services that gave rise to the liability of Exploders.
Article 9: Amendment of the terms
9.1 Exploders has the right to amend these terms at any time. If we have a User’s e-mail address, we will send the User an e-mail about this. If the changes are negative for the User, and the User objects to the changes of the terms of service, the User and Exploders both are entitled to terminate this agreement with a one-month notice (unless where your termination are rights as per mandatory legal obligations). Until termination has been finalized, the original terms of service remain in effect. Any payment made for games and/or services that extends beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered hereby invalid.
Article 10: Miscellaneous
10.1 Dutch law applies to the Website and the use thereof, with the exclusion of its conflict of law rules. Any disputes arising from the use of the Website and/or information retrieved from the Website will exclusively be submitted to the competent court in Arnhem, The Netherlands, without prejudice to a Users rights to adjudicate a local court if so prescribed by consumer law.
10.2 In the event that any provision of these terms of services are declared void or unenforceable, parties will replace such void or unenforceable provision(s) with a valid and enforceable provision that is as close as possible to the economic, legal and commercial objectives of the void or unenforceable provision.
Rijssen, 6 May 2013