GENERAL TERMS AND CONDITIONS
THE NETWIZZY COMPANY, SL, (herein, THE NETWIZZY COMPANY) is a registered company whose head office is located in Valencia, Spain on Calle Daniel Balaciart 4, mezzanine, postcode 46020, with the contact email address legal@our.com.
NETWIZZY THE COMPANY is duly registered in the Mercantile Registry of Valencia, Spain, Volume 8497, Book 5787, Folio 212, Section 8, Page V-115519, 1st entry. The C.I.F number is B97726913.
The general conditions detailed below regulate the access and use of the Website hosted under the domain name www.our.com as well as of all contents in the same display or made available to users. By accessing or using the Website the acceptance by the User of the General Terms and Conditions THE NETWIZZY COMPANY has published at the time of such access or use is implied.
These conditions do not hinder THE NETWIZZY COMPANY from other specific conditions for the recruitment or use of certain services or products offered to Users on the Website. The collection and processing of personal data supplied by the Users and the exercise of their rights to such information shall be governed by the Website Privacy Policy.
Application and Scope of the Terms of Use
The mode of use, especially through the computer, mobile and/or other hardware and/or software, does not affect the validity of the General Terms and Conditions.
The operator, ie. THE NETWIZZY COMPANY, expressly reserves the right to modify the general conditions.
During the registration, by checking the "I accept the General Conditions" and clicking "Register", the user confirms full knowledge of these Terms and Conditions and, at the same time by checking the box "I accept the General Terms and Conditions" and by clicking "Register" confirms the user’s explicit agreement to these General Terms and Conditions.
The operator reserves the right to extend, modify, supplement or restrict the range of services continuously.
Use of this site requires the express and full acceptance of the above conditions, without prejudice to those particulars that may apply to some of the specific services offered through the website.
The user undertakes to use the website in accordance with the law and these General Terms and Conditions. It also undertakes not to use the website for illegal purposes or contrary to the provisions of the General Terms and Conditions.
Online games and other services continue to be developed, updated and adapted regularly for THE NETWIZZY COMPANY. Consequently, the user can participate only in those online games or services that are in their current version.
In addition to these Terms of Use, the rules of each respective online game will be enforced, as long as they are available. In case there is a contradiction between the two, the Terms of Use shall serve as the rules of the game. Futhermore, for some online game variations and/or special game components and some other services internet pages THE NETWIZZY COMPANY will also enforce some special conditions of use. It will warn the user about them in the most appropriate way prior to the use of such services.
THE NETWIZZY COMPANY reserves the right to change, modify, add, or remove fragments of these Terms and Conditions of Service and its Privacy Policy at any time by posting the amended Service terms or within it. You can also receive notifications of changes in the form of an email or through the Service itself. You are deemed to have accepted such changes if you continue to use the Service.
This agreement may only be modified by a written document signed by you and by Us. For the purposes of this clause, "written document" does not include e-mail messages, and the signature does not include electronic signatures. To sign said document, you can contact THE NETWIZZY COMPANY at the address listed at the beginning of these General Terms and Conditions.
Intellectual Propery
The company, referred to in these Terms and Conditions of Use, as well as the website, is the owner of the intellectual property rights, or has obtained the relevant permits or licenses to operate the domain name, trademarks and logos, the application and other works and inventions associated with the website and the technology associated with it, as well as its contents.
Any form of reproduction, distribution, public communication, modification and, in general, any act of exploitation of all or any part of the content (images, text, design, indexes, forms, etc..) that make up the Website, as well as the databases and software necessary for the visualization and/or operation thereof, without the prior written consent of THE NETWIZZY COMPANY is prohibited. You may not in any way commercially exploit or use, directly or indirectly, in whole or in part, any of the content (images, text, design, indexes, forms, etc..) that make up the Website without prior written consent from THE NETWIZZY COMPANY.
Any technical, software or technology means by which a third party may benefit, directly or indirectly, with or without profit from the Website is strictly prohibited. The User and everyone worldwide exclusively cedes their rights to THE NETWIZZY COMPANY for the reproduction, distribution and public communication of the content provided through the Website, as well any modifications to suit the editorial needs of THE NETWIZZY COMPANY, and ensure lawful ownership and legitimacy or facility to dispose of such rights.
The contents of this website including design, games, text, images and source code ("Contenidordquo"), are protected by international intellectual property rights.
In no way shall content be used, reproduced, copied or transmitted in any form without the express permission of the owner.
The Internet pages of THE NETWIZZY COMPANY have every type of content protected by intellectual property law and trademark rights for THE NETWIZZY COMPANY and/or third parties. Whenever, under these Terms of use it is not expressly permitted, the user is not authorized to publish, reproduce, enlarge, publish, advertise or use the website content or any portion thereof belonging to THE NETWIZZY COMPANY beyond the purposes stated in the contract.
The user undertakes to abstain from any measure which could jeopardize or interfere with the operation of THE NETWIZZY COMPANY pages or any of the services and benefits offered by it, such as accessing data which the user does not have the right to access.
Any use for commercial purposes, especially advertisement, from the pages of THE NETWIZZY COMPANY may take place only with the prior consent of THE NETWIZZY COMPANY.
The user is not entitled to publish content on the Internet pages of THE NETWIZZY COMPANY.
Contract
By registering, the user expressly agrees that they voluntary participate on the website.
User registration is a necessary condition for the use of online games and other services offered by THE COMPANY NETWIZZY.
Only physical individuals are allowed to register. In addition, only individuals are allowed to register (ie. you are not allowed to register as families, groups, couples, etc..).
The user is responsible to THE NETWIZZY COMPANY the accuracy and integrity of data entered during registration.
Registration must be made personally by the individual. Registration by others is completely ignored, especially those who register individual people for commercial purposes by different teleservice providers (entry or registration services).
The acceptance of the registration form takes place from the Internet portal of THE NETWIZZY COMPANY and on the pages of the online games by the confirmation email you receive. In this email, the user will receive an activation link. In this case, THE NETWIZZY COMPANY actives the user and his or her gaming account by clicking on said link. With the admission or activation by THE NETWIZZY COMPANY, use of the contract takes place for an indefinite duration between THE NETWIZZY COMPANY and the user following these conditions. In some cases, the registration process can vary as described herein, in which case the user will be alerted in the most adequate way.
To successfully complete the registration, the user creates a user account ("User Account") that can be managed independently. The user can thus create a "user account" both on the Internet portal of THE NETWIZZY COMPANY as well as on the pages of each online game.
Once the registration process is successfully completed on the website OUR.com, the user opens the so-called "standard account". A "standard account" can be used on the OUR.COM website and in the OUR.COM Apps.
Each individual person may open a standard account. The standard account registration is free and allows basic use of our standard games and the following functions:
- Access to the standard games on the website.
- Creation of a player personal profile.
- Use of the OUR.COM friends list on the website.
- Use of the messaging system on the OUR.COM website.
- Use of the classification system on the OUR.COM website.
- Acquisition of extra points.
After confirming the knowledge and acceptance of the expanded General Terms and Conditions, it is also possible to participate in browser games on the website.
Registration shall contain the following information, which must be completed in full, correctly and without false data:
- A personal and confidential pseudonym ("username", "alias"), with there being no right to a specific alias. The username must be clear and unmistakable. No names will be allowed that are offensive, immoral, indecent, unseemly, or that exalt violence, are Nazi, etc.., Or those that contain internet links or refer to these account names or names that contain the extended rights related to the user (especially administrator or similar names). The operator reserves the right to reject, block and delete usernames that are not allowed at any time. After changing the user name to an allowed "alias", account activation will be completed.
- Password, with no right to a specific password.
- E-mail address. When you check the box to subscribe to the newsletter, you are consenting to the operator and its partners to send you emails. You may cancel said consent in the section on personal options.
The user agrees to keep their personal data and, in case of a change of name, address, email, etc.., to immediately carry out the necessary corrections of your data on the link "Personal Information" on the website or in an OUR.COM App under 'Edit Profile'. In addition, you must avoid the access of your data from the hands of third parties. Any actions taken by the account or user data is attributed to the user.
The user account is not transferable without the express consent of THE NETWIZZY COMPANY.
You can make use of the functions of the standard account or the browser games by activating the link emailed with registration confirmation. Until you activate your account, you can not play or purchase coin packages from the store.
Once the registration process successfully completed, you will consummate the contract between the user and the operator in the use of the services offered by THE NETWIZZY COMPANY.
User Data
You agree to immediately share with THE NETWIZZY COMPANY all future changes in the field of registration data, especially in the case of a change of email address. Also, the user agrees to confirm to the accuracy of your data at the request of THE NETWIZZY COMPANY.
Registration data and passwords
You are obliged to keep your registration data secret as well as all your passwords. Your registration data may be entered only from the websites belonging to THE NETWIZZY COMPANY.
The user is obliged to protect the registration data and passwords from unauthorized access by third parties.
Under no circumstances will the user be entitled to use the access data of another user, unless the rules of the game provide an exception in this case.
Effects of cancelation
If cancellation occurs, using the right to object and/or the cancellation of data, as expressly outlined in the Privacy Policy, the user shall return the services obtained and, if necessary, possible uses obtained (ie, interests). If you can not return said service or services in whole or in part, or in doing so were in bad condition, you should, if necessary, restore the value of the damaged property. Obligations to refund payments must be made within 30 days maximum time. This period begins for you with the dispatch of your notice of cancellation, and on our part with the receipt of the same.
Special conditions for the use of the online games
The following restrictions apply to the use of the Service:
Do not create an Account or access the Service if you are under 14 years.
You must monitor your Account to restrict use by minors, and deny access to it by minors under 14 years of age. All liability for any unauthorized use of the Service through (or in connection with) your Account by minors lies exclusively with you. Also, you will be responsible for uses of your credit card or other instruments of payment.
Do not possess more than one account per platform or SRS at any time, and do not create any accounts using a false identity or false information, or on behalf of another person other than you.
Do not create an Account or use the Service if you have been convicted of a sexual offense.
Do not possess an Account or use the Service if you have been previously excluded by THE NETWIZZY COMPANY, or if at any time you have been forbidden to play any of THE NETWIZZY COMPANY games.
Use your Account only for noncommercial purposes.
Do not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk mail or repetitive messages (spim and spam).
Do not use your Account for carrying out any illegal conduct.
No sub-licensing, renting, leasing, selling, trading, giving away, bequeathing or otherwise transferring your Account or any other Virtual Content associated with your Account without the prior written permission of THE NETWIZZY COMPANY.
Do not use or access any Account or Virtual Content that has been sub-licensed, rented, leased, sold, traded, given as a gift, bequethed or otherwise transferred by the original creator of the Account without the permission of THE NETWIZZY COMPANY.
If you access the Service from a SRS, observe its terms of service/use as you do with these present Terms and Conditions of Service.
CHEATING AND HACKING. You agree not to do this, under any circumstances:
Using deception, trickery, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service or with any experience from THE NETWIZZY COMPANY.
Use the Service in order to design or assist in the design of deceptions, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service, or with any THE NETWIZZY COMPANY experience.
Modify or cause to be modified any files that are part of the Service, without the specific written consent from THE NETWIZZY COMPANY.
Harm, overload, or contribute to the detriment or overloading of (1) any computer or server used to offer or provide assistance to the Service or any game environment of THE COMPANY NETWIZZY (each of them a "Server"), or (2) the enjoyment of the Service or any other THE NETWIZZY COMPANY game by someone else.
To encourage, assist or participate in any type of attack, including, by way of illustration, the distribution of a virus, denial of attacks against the Service, or other attempts to harm the Service or the use or enjoyment of the Service by anyone.
Attempt to gain unauthorized access to the Service, registered Accounts of other people or computers, Servers or networks connected to the Service by means other than the user interface offered by THE NETWIZZY COMPANY, including, by way of illustration, the following: avoiding or modifying, attempting to circumvent or modify, or encouraging or assisting someone to prevent, avoid or modify some measure of security, technology, device or software that is part of the Service.
OFFENSIVE CONTENT OR TRANSGRESSION. You agree not to do this, under any circumstances:
Post information that is abusive, threatening, obscene, defamatory, libelous, or otherwise offensive or objectionable from a racial, sexual, religious or other similar standpoint.
Publish information that contains nudity, excessive violence, or offensive subject matter, or a link such content.
Try to harass, abuse, or harm, or advocate or incite harassment, abuse or damage to any person or group, including employees of THE NETWIZZY COMPANY and the customer service representatives of THE NETWIZZY COMPANY.
Make available through the Service any material or information that infringes any copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or the rights of any person or entity, or to impersonate someone, including, by way of illustration, employees of THE NETWIZZY COMPANY.
COMMERCIAL ACTIVITY. You agree not to do this, under any circumstances:
Use the Service or any part thereof for commercial purposes without first obtaining the express written consent of THE NETWIZZY COMPANY, including, by way of illustration (1) communicating or facilitating any advertisement or commercial solicitation, or (2) collect or transfer Virtual Content for sale.
Use the Service or any part thereof or deliver services during the game, such as power leveling services and the compilation of content, in exchange for payment outside of the Service.
Transmit unauthorized communications through the Service, including unwanted emails, chain letters, spam and any materials that promote malware, spyware and downloadable items.
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE. You agree not to do the following, under any circumstances:
Interfere or attempt to interfere with the properly working Service or connect to or use the Service in any way not expressly authorized by these Terms and Conditions of Service.
Use any unauthorized third-party software that accesses, intercepts, "mines" or collects any information from or otherwise through the Service, or that is in transit to or from the Service, including, by way of illustration, some software that reads areas of RAM or streams of network traffic used by the Service to store information about the characters, game elements, or the game environment of THE NETWIZZY COMPANY. THE NETWIZZY COMPANY may, at its sole and absolute discretion, allow the use of certain third party user interfaces.
Intercept, examine or otherwise observe any proprietary communication protocol exclusively used by a client, a Server, or the Service, whether through the use of a network analyzer a packet sniffer or other device.
Make automated use of the system, or perform any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionate burden about our structure.
Avoid any robot exclusion headers or other measures we take to restrict access to the service or use any software, technology or device to send content or messages, extract data or crawl the content of the Service, or to collect or manipulate data.
Use, facilitate, create or maintain any unauthorized connection to the Service, including, by way of illustration, (1) any connection to any unauthorized server that emulates, or attempts to emulate, part of the Service, or (2) any connection using programs, tools, or software not expressly approved by THE NETWIZZY COMPANY.
Except to the extent as is permitted by law or by the corresponding open source licenses, 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 Service, or to obtain information from the service using a method not expressly permitted by THE NETWIZZY COMPANY.
Copy, modify or distribute rights or content from any THE NETWIZZY COMPANY website or game, or copyrights, or registered trademarks of THE NETWIZZY COMPANY, or use any method to copy or distribute the content of the Service, except as specifically authorized in these Terms and Conditions of Service.
OBTAINING AND PUBLICATION OF PERSONAL INFORMATION. You agree not to do this, under any circumstances:
Solicit or attempt to solicit personal information from other users of the Service. Obtain, compile or publish private information of any person, including personally identifiable information (whether it be in text, image or video), identification documents or financial information through the Service, or
Upload or transmit, or attempt to upload or transmit without the express permission of THE NETWIZZY COMPANY material that functions as a mechanism passively or actively for the collection or transmission of information, including by way of illustration, graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "PCMS").
Special conditions for the use of communication facilities (mainly discussion forums, chats, comment functions) of the websites belonging to Gameforge
THE NETWIZZY COMPANY makes available to the user different communication facilities (especially discussion forums, chats, blogs, guest books, as well as in the context of comment functions, and more) for the creation of content and own content to the Gameforge pages that the user can utilize depending on actual availability.
The user assumes all responsibility for the contents and contributions that the user incorporates, releasing THE NETWIZZY COMPANY of any third party rights concerning it. THE NETWIZZY COMPANY does not appropriate the content entered by users. However, the user expressly grants THE NETWIZZY COMPANY the permanent, irrevocable, and non-exclusive use of the content and contributions posted by the user.
You may not publish or distribute user content that:
- Violates trademarks, patents, utility or design patterns, copyrights, trade secrets or other third parties rights.
- Is obscene, racist, pornographic, incites violence or harms the development of children and youth, or is of harmful nature; or contains chain letters or pyramid schemes.
- Gives the false impression of having been made available or supported by THE NETWIZZY COMPANY.
- Has a commercial nature, above all, advertising.
The inclusion of Internet websites, companies or products is only permitted if it is not done with the purpose of advertising.
Consequences of a breach of contract
THE NETWIZZY COMPANY is not responsible for damages of a breach of contract resulting from the actions of a user.
When a user fails to comply with the law, violates the rights of others, against these conditions of use or against the conditions and rules of the game, without prejudice to any other legal or contractual rights, THE NETWIZZY COMPANY may, if necessary, take the following measures:
- Edit or delete content.
- Warn a user.
- Publish the misconduct in the online game, mentioning the name of the user.
- Temporarily or permanently block the user for some or all online games and content of Web pages of THE NETWIZZY COMPANY.
- Exclude a user.
- Launch a virtual ban temporarily or permanently for violation of a section.
- Immediate termination of the operating agreement.
- If a user has been blocked or excluded, he or she may not re-register without the prior consent of THE NETWIZZY COMPANY. There is no right to a removal of the blockage, or the exclusion of a ban on entry or any other measure taken.
You are responsible for Your Own Content
You are solely responsible for the information you post on the Service, through it or in connection with it, just as everyone else is.
Virtual goods
In standard and website browser games, as in OUR.COM Apps, the operator offers the opportunity to acquire and use virtual goods and/or virtual currency. The goods and currencies offered may vary according to game type.
The user can acquire the ability to use virtual goods on the website and in OUR.COM Apps by paying a fee or the use of virtual currency. The purchase of virtual goods or currencies only gives the user the right to use them under and in accordance with the game, acquisition of any rights (ie. ownership) of the goods or currencies is excluded. The purchase is subject to limited license for temporary use, local and content of those goods or currencies within the framework of and in accordance with the respective game. The virtual goods/ virtual currencies that were acquired as part of OUR.COM Apps will be available in the standard account on THE NETWIZZY COMPANY website. The virtual goods/virtual currencies that the user has acquired in the standard account on the THE NETWIZZY COMPANY website is available in the framework of OUR.COM Apps.
The user can use virtual currency appropriate for the browser game.
Regardless of the terminology used on the website in OUR.COM Apps or games, you will be acquiring the virtual goods or virtual currencies license in accordance with these General Terms & Conditions and limited to temporary use of local content of those goods or currencies under and in the framework of the respective game. Refunds, exchanges, or real money refunds are excluded. In case of breach of these General Terms & Conditions, the operator may withdraw or declare void any or all licenses granted for the use of virtual goods and currencies. Upon termination of the contractual relationship, for any reason whatever, all licenses granted for the use of virtual goods and currencies shall cease to exist. The virtual goods/virtual currencies available at the time of termination will expire. Any right to compensation is excluded.
You can consult the website and/or the OUR.COM Apps for virtual goods/ currencies presently being offered. The operator reserves the right to modify, reduce and/or continuously expand the supply of virtual goods/currencies and prizes to adapt to the virtual goods/currencies at any time and without specifying a reason. In addition, the operator is entitled to stop providing virtual goods/virtual currencies at its discretion, offer them for free, or subject to payment. When exercising this right, the operator does not have any obligation to the user. The user shall have no right to a refund if the virtual goods/currencies employed are no longer offered, or they are offered with other conditions. This is true for virtual goods/currencies offered temporarily or not temporarily. The operator shall also have the right to remove or modify the player account and game history or virtual goods/currencies linked to it without specifying a reason. The user then has the right to terminate the contract with immediate effect. Other rights are excluded on the part of the user.
Usage fees
In the context of online games, the user may purchase certain services and features offered to him or her. The user receives, in the context of online gaming, detailed information on the type of payment feature, mainly, what function it has or for how long will be available, the price, and terms of payment.
If a user is a minor who wants to buy a payment feature, the user must ensure that his or her legal representative has given the user the means to pay, or for the free use of the media, everything is done in the manner indicated above for registration.
The agreed fees should be paid out to close the contract. The payment is usually done through an authorized service provider to make such payment, taking into account that it can be made a few days in advance to guarantee continuous usability. The general conditions of the sale from the authorized service provider are valid along with these conditions of use.
The user ensures that all data reported during payment is correct and complete (mainly the bank account number, the credit card, etc..).
The payment arrangements vary from one online game to another, the country from which the user participates and the existing payment methods and technical market feasibility. THE NETWIZZY COMPANY reserves the right to modify these terms of payment at any time.
NETWIZZY THE COMPANY reserves the right to change the payment of game features.
In case of delay, you must pay the legal interest. THE NETWIZZY COMPANY is also entitled to block the user account to claim damages and to stop delivery. THE NETWIZZY COMPANY reserves the right to modify these Terms of Use.
The user will be informed of the changing conditions in the context of the login portal of THE NETWIZZY COMPANY or the corresponding online game, not more than two weeks after its implementation.
Contract duration
If not stated otherwise for the online game or service concerned, the contract for the use of THE NETWIZZY COMPANY portal and online games and other services shall be deemed closed for an indefinite time. This begins with admission or activation (of the user account) by THE NETWIZZY COMPANY.
The contract may be terminated at any time with immediate effect by both parties, if you have not agreed to a limited validity period. If you have agreed to a validity period, the contract may be terminated at the end of this period. If the contract is not terminated, it is extended automatically by the period originally agreed to.
THE NETWIZZY COMPANY is authorized to delete the user account if there is a valid reason.
Limitations and Disclaimers
You acknowledge and agree that, to the extent permitted by any applicable law, the disclaimers herein shall apply to all damages or injury caused by or related to the use, or inability to use, the Service for any cause or action, in whichever jurisdiction, including, by way of illustration, actions for breach of warranty, breach of contract or tort (including negligence) and that parts of THE NETWIZZY COMPANY shall not be liable for any indirect, incidental, special, punitive or consequential damages, including lost profits and loss of goodwill or data, which is a result of the use or inability to use, the Service.
You specifically acknowledge that parts of THE NETWIZZY COMPANY are not responsible, and agree not to seek responsibility from parts of THE NETWIZZY COMPANY, for the conduct of third parties, including other users of the service and operators of external web sites, and that the risk of the service and external web sites, such as damages arising from the above, are solely your responsibility.
To the extent legally permitted by applicable law, under no circumstances are parts of THE NETWIZZY COMPANY liable to you for an amount greater than that paid to THE NETWIZZY COMPANY in one-hundred eighty (180) days immediately preceding the date when you first present such a claim.
NETWIZZY THE COMPANY shall not be liable for any costs, expenses or damages caused or related in any way to the use of this Website or the information contained herein, including but not being limited to, any direct or indirect damage, inherent damage or profits (including loss of data), business interruption or loss of service or loss of profits, or in the event that liability comes from a claim based on a contract, or from a negligence of any kind, not even if THE NETWIZZY COMPANY has been advised of the possibility thereof.
Some jurisdictions do not allow the exclusion of liability for certain types of damage, in the event that THE NETWIZZY COMPANY is not excluded from liability, the maximum THE NETWIZZY COMPANY will assume is the minimum permitted by law, which is expressly accepted by the User.
Links to Third Party Websites and Agreements with the Advertisers
NETWIZZY THE COMPANY may provide links on the Service to third party websites or vendors who have been invited to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur during your agreements with such third parties are solely your responsibility. THE NETWIZZY COMPANY makes no representation or warranty regarding any content, goods and/or services offered by a third party, even if you have agreed to them through a link on our Service, and we are not responsible for any claim related to content, goods and/or services of third parties. THE NETWIZZY COMPANY does not control the websites to which links are accessed through the Service, which could collect data or solicit personal information.
Current regulations will determine the laws that should govern and the jurisdiction should be known between THE NETWIZZY COMPANY and the Users of the Website. Nevertheless, in cases where such current regulations provide for the possibility for the parties to submit to a given jurisdiction, THE NETWIZZY COMPANY and the User, expressly waiving any other jurisdiction that may apply, is subject to the Courts and Tribunals of the city of Valencia, Spain.
