INTRODUCTION

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Djinnworks mobile application (the “Service”) operated by Djinnworks GmbH (“Djinnworks”, ”us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our mobile applications (the “Service”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

If you access the Service from any third party platform providers, such as social networks, from whom you download the Service, you shall comply with its terms of service/use as well as these Terms of Service.

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username or display name the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You can use Service also without creating an account. In this case you are solely responsible for the saving of your game process in the Service. In order to save your game process you are strongly recommended to create an account or to attach your game profile to your account on the appropriate platform from which you access the Service, to name examples this includes Game Center, Google Play or Facebook.

LIMITED USER LICENSE

Subject to your agreement and compliance with the terms and conditions of this Terms of Service, Djinnworks GmbH grants to you non-transferable, personal, revocable limited license subject (without the right to sublicense) to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

We retain all trademarks, copyright, database rights and other intellectual rights in the Application together with the underlying software code.

LICENSE RESTRICTIONS

The User agrees that his or her use of the Application, any Application Content and User Content must comply with these Terms. In no event may the User use the Application, Application Content, Associated Websites including but not limited to the Official Website, Forum and Facebook Pages or User Content in a manner that he

• harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights)
• behaves unlawfully
• uses technology or other means to access the Application in a non-intended way
• violates these Terms
• fails to comply with applicable third party terms (collectively “Acceptable Use”)
• uses Login Information or access of another user’s Account
• informs other users of any Service error, miscue or bug which provides an unintended advantage or interferes the continuation of the service
• changes or affects the original Application in any way that he uses cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service experience
• offends or defames members of our support service in public
• offends, threatens, stalks, insults members of Djinnworks employees
• distributes any private message or email or therein contained information that was explicitly declared to be kept secret
• Uses the Service for any non authorized commercial use
• sells, purchases, exchanges or gifts his account to any other person
• attempts to disrupt the Service
• uses any service or software that accesses, intercepts, “mines”, or collects information from the Service or that acts in transit from or to the Service
• creates any kind of automated use of the Service
• uses any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data from the Service
• publicly shares confidential material like private mails or private messages exchanged with the user
• purposely and repeatedly either trolls, spreads FUD or uses other disinformation or harming strategies about the game, its developers or other members and players eventually harming the game and/or the developers business, their reputation or other players reputation
• uses any rude oder abusive words for his character, his clan or in the chat

Djinnworks GmbH reserves the right, in its sole discretion, to terminate any User License, remove Application Content or User Content or assert legal action with respect to Application Content or use of the Application and User Content that Djinnworks GmbH reasonably believes is or might be in violation of these terms of Acceptable Use.

PURCHASES

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

If a user does not comply with the Service terms and conditions, Djinnworks GmbH is not obliged to refund any real money purchase the the user has executed, even the user’s account has been banned.

You acknowledge that you may access and/or download some Services for free, and while there may be additional content or services available for purchase within some Services (in-app purchases).

You may purchase in the Service, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, available in the Service;
(b) “virtual in-game items” (together with “virtual currency”, “In-Service Content”); and
(c) other goods or services (“Merchandise”).
You are only allowed to purchase In-Service Content from us or our authorized partners through the Service, and not in any other way. All fees payable for In-Service Content are non-refundable.

Djinnworks GmbH may manage, regulate, control, modify or eliminate In-Service Content and/or Merchandise at any time, with or without notice. Djinnworks GmbH shall have no liability to you or any third party in the event that Djinnworks GmbH exercises any such rights.

The transfer of In-Service Content and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer In-Service Content or Merchandise to any person or entity.

The provision of In-Service Content for use in the Service is a service provided by Djinnworks GmbH that commences immediately upon acceptance by Djinnworks GmbH of your purchase.

In the event that you receive paid In-Service Content without payment and / or incomplete payment, and / or virtual currency is not debited from your Account to pay for such paid In-Service Content as a result of a technical error or a Service failure or a conscious user action, you are obliged to inform Djinnworks GmbH of this fact.

UPDATES AND MODIFICATIONS

In order to improve the Service, Djinnworks GmbH reserves the right to introduce automatic updates and modifications into the Service (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Service, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Service and the rules of these Terms of Service shall apply to such updates.

You also agree that Djinnworks GmbH may require you to accept and download updates for further use or access to the Service when it is necessary for proper functioning of the Service. 

Djinnworks GmbH may modify or eliminate Content, In-Service Content, Merchandise, Service Features, Properties and Attributes at any time at its own discretion without additional notice to you.

Djinnworks GmbH shall have no liability to you or any third party in the event that Djinnworks GmbH exercises any such rights.

USER CONTENT

Djinnworks GmbH reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. Djinnworks GmbH assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Djinnworks GmbH does not, and cannot, pre-screen or monitor all User Content. 

AVAILABILITY, ERRORS and INACCURACIES

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Djinnworks GmbH.

Djinnworks GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Djinnworks GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

LIMITATION OF LIABILITY

In no event shall Djinnworks GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Djinnworks GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Austria, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US

If you have any questions about these Terms, please contact us.

Last updated: June 07th, 2019