For purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by BBG including but not limited to games accessed by means of a browser or other online communication method and downloadable/installable games for personal computers, mobile and other devices, especially including but not limited to the BBG´s online or offline games (each of them individually "GAME” or “App” or together “GAMES" or “Apps”) offered for example on the BBG website https:// bluebraingames.com ("WEB"). Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by BBG, including but not limited to BBG branded websites, services accessed through mobile games, services accessed by means of a browser or by other online communication method.
Software and Services are collectively referred to as “BBG Service” or “BBG Services”.
For purposes of this EULA the BBG Service is considered as completely delivered to the End-User
a) at the moment of completion of downloading/installing the Software/BBG Service by the End-User to the specific device, or
b) at the moment of enable of access to the Software/BBG Service for the End-User by online communication method, or
c) at the moment of enable of use of the BBG Service by the End-User,
so for purposes of this EULA under “Complete delivery of the BBG Service to the End-User” is understood any of the moment listed in letter a), b) or c) of this section of this EULA.
This EULA is according to the relevant applicable law found as a distance contract, i.e. as a contract negotiated and concluded between the BBG (seller) and the End-User (consumer) exclusively by means of distance communication tool without the simultaneous physical presence of the seller and the consumer using the website, or more precisely as a contract for the provision of the electronical contents (GAME/App) which is not supplied on a tangible medium (a contract the subject of which is the provision of a particular service – BBG Service).
The consumer is in general according to the relevant applicable law entitled to withdraw from a distance contract or more precisely from a contract for the provision of the electronical contents which is not supplied on a tangible medium. The withdrawal period is in general 14 calendar days. The consumer is entitled to use this right to withdraw from a contract also without any reason prior to the expiration of the withdrawal period, i.e. within 14 calendar days from the date of conclusion of a contract for the provision of the electronical contents which is not supplied on a tangible medium, whereby the deadline for withdrawal shall be deemed observed if the notice of withdrawal has been sent to the seller no later than on the last date of the withdrawal period. As regards the procedure for exercising the right of withdrawal, the consumer may exercise the right of withdrawal towards the seller in paper form or in the form of minutes on another durable medium (e.g. electronically through the e-mail address, etc.) which contains any clearly worded statement of the consumer expressing his desire to withdraw from a contract.
In this case the consumer/End-User is not entitled to withdraw from a contract/from this EULA (inclusive In-app purchase within this EULA in event that the consumer/End-User will use of the possibility of In-app purchase).
According to the relevant applicable law, the consumer/End-User cannot/is not entitled to withdraw from a contract/from this EULA (inclusive In-app purchase within this EULA in event that the consumer/End-User will use of the possibility of In-app purchase) the subject of which is the provision of electronical contents (GAME/App or Credit package/Premium item) other way than on a tangible medium if the performance (provision of electronical contents) has commenced with the express consent of the consumer/End-User and the consumer/End-User declared that he was duly instructed that he loses his right of withdrawal by this express consent.
BBG hereby informs/instructs you as an End-User and you as an End-User acknowledge that you lose the right to withdraw from a contract/from this EULA by granting of consent to commence the provision of electronical contents under this EULA (by granting of consent to Complete delivery of the BBG Service to the End-User) prior to the expiration of the withdrawal period from a contract/from this EULA; (this information given by BBG/instruction of you as an End-User shall apply accordingly to In-app purchase within this EULA in event that you as an End-User will use of the possibility of In-app purchase).
You as an End-User hereby grant the express consent to commence the provision of electronical contents under this EULA (grant the express consent to Complete delivery of the BBG Service to the End-User) prior to the expiration of the withdrawal period from a contract/from this EULA and you as an End-User hereby simultaneously declare that you have been duly instructed about the loss of the right to withdraw from a contract/from this EULA by granting the express consent above; (this express consent of you as an End-User and this declaration of you as an End-User shall apply accordingly to In-app purchase within this EULA in event that you as an End-User will use of the possibility of In-app purchase).
This EULA represents the complete agreement concerning this license between the parties (you as an End-User and BBG) and supersedes all prior agreements and representations between them. BBG reserves the right, in regard of the change of relevant legal regulations, the change of market situation, the change of its business policy or at its own discretion, unilaterally to change, modify, cancel, add or remove parts of this EULA (or the EULA of any GAME) at any time without a prior notice by posting the updated/amended EULA including the day of its effectiveness (Effective date) on or within the BBG Services (including but not limited on WEB or in any of the GAMES), such changes will be valid and effective as of the moment of posting on or within the BBG Services. You (as an End-User) are responsible to be acquainted with the latest version of EULA. You will be deemed to have accepted such changes by continuing to use the BBG Services. If at any point you do not agree to any part of the then-current version of our (this) EULA or any other BBG policy, rules or codes of conduct relating to your use of the BBG Service, your license to use the BBG Service shall immediately terminate, and you must immediately stop using the BBG Service.
Scope of the license
BBG hereby grants to the legitimate acquirer of a license to BBG Services (you as an End-User) a usage right for the BBG Services. This license is personal. The BBG Services may be used only on the device that the End-User owns or controls and onto which the BBG Services were downloaded and installed or on the device that the End-User owns or controls and through which the End-User accesses or uses the BBG Services by means of a browser or by other online communication method.
The purpose of the BBG Services is to provide a game, while users are of course free to use the BBG Services (including but not limited to the BBG´s online or offline games - Mysteries of the Past: Shadow of the Daemon, The House of Da Vinci, The House of Da Vinci 2, The House of Da Vinci 3) for any purpose within the boundaries of the terms and conditions of this EULA and the applicable law.
BBG grants to you as an End-User a limited, non-exclusive, non-transferable, revocable license to access the BBG Services for your (End-User’s) own personal, non-commercial entertainment use/purposes only. By accepting this EULA an End-User agrees not to use any of the BBG Services for any other purpose as mentioned herein. BBG reserves all rights not expressly granted to you as an End-User in this EULA. If you as an End-User violates any of the terms of this EULA, BBG reserves the right to terminate your (End-User’s) license without notice.
It is not permitted:
to decompile or reverse engineer the source code of the GAME/BBG Services, except to the extent permitted by mandatory law;
to supply copies of the GAME/BBG Services or any part of the GAME/BBG Services to third parties;
to sublicense the any of the GAME/BBG Services or to make the GAME/BBG Services available to third parties, by rental, Software-as-a-Service constructs or otherwise;
to modify the GAME/BBG Services, except to the extent permitted by mandatory law;
to remove or make unreadable notices of BBG as the copyright holder of the GAME/BBG Services.
The delivery or use of GAME/BBG Services does not transfer to you as an End-User any commercial or promotional use rights in the GAME/BBG Services. Any burning or exporting capabilities are solely an accommodation to you as an End-User and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners to any content embodied in any GAME/BBG Services.
All rights to the GAMES/BBG Services, accompanying documentation and all modifications and extensions thereto rest and remain with BBG. You only acquire those rights and permissions that follow from this EULA or those that are granted separately in writing. You may not use, copy or publish the GAMES/BBG Services except as permitted.
All the content or material available in/from the GAMES/BBG Services including but not limited to any software, any games, titles, concepts, art elements, animations, video, images, music, sounds, themes, objects, characters including names and profile information, stories, communication, in-game chat transcripts, text, code, methods of operation, moral rights, documentation, recordings of games played using a BBG game client, the BBG game clients, game play mechanics and any marketing materials online or printed ("Content"), is/are the intellectual property owned by BBG. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by BBG. All Content is copyrighted under the Slovak Republic copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Reproduction, saving, collecting and/or sharing of the Content with third parties is considered copyright infringement and a violation of the legal regulations of the Slovak Republic and/or similar laws of other relevant jurisdictions. BBG, its logos, and the GAMES' logos are trademarks of BBG and may not be used without BBG's express written permission.
BBG and you as an End-User acknowledge that, in the event of any third-party claim that the GAMES/BBG Services or the End-User’s possession and use of the GAMES/BBG Services infringes that third party’s intellectual property rights, BBG is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Code of Conduct
The use of the BBG Services is governed by certain rules stated in this EULA. The following rules are not meant to be exhaustive and BBG reserves the right to decide at its discretion whether the conduct of the End-User is in conflict with this EULA. If BBG decides that the conduct of the End-User is in conflict with the rules stated by this EULA, BBG is entitled to decide at its discretion about the disciplinary sanction including but not limited to (particularly but not exclusively) suspension, termination or deletion of your (End-User’s) Account.
It is not permitted:
to offend or insult other users of the BBG Services in the communication among other users of the BBG Services and on public forums;
to promote violence, fascism, racism or other ideologies or movements which suppress human rights and freedom in any form or are in conflict with the legal regulations of the Slovak Republic;
to transmit or post any Content or expression/statement which at BBG's sole and absolute discretion is deemed to be offensive, including but not limited to Content or expression/statement that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the Content and expression/statement restrictions listed above;
to decompile, modify, reverse, engineer, or otherwise reproduce any part of the GAMES/BBG Services;
to use cheats, automation software, hacks or any other unauthorized third-party software designed to modify any of the GAMES/BBG Services;
to use any unauthorized third-party software designed to intercept, mine, or otherwise collect information from or through any of the GAMES/BBG Services or WEB;
to obtain (or attempt to obtain) passwords or other private information from other users of the BBG Services;
to misuse support channels or to make false reports to BBG;
to exploit, distribute or inform other users of the BBG Services of any GAMES/BBG Services error or bug which gives an unintended advantage.
“User Content” means any communications, images, sounds, and all the material, data, and information that you as an End-User upload (if the GAMES/BBG Services allows such a possibility) or transmit through a BBG game client or the BBG Service/s, or that other users of the BBG Services upload (if the GAMES/BBG Services allows such a possibility) or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the BBG Service, you as an End-User affirm, represent and warrant that such transmission or submission is:
accurate and not confidential;
not in violation of any laws, contractual restrictions or other third-party rights, and that you have permission from any third party whose personal data or intellectual property is comprised in the User Content;
free of viruses, adware, spyware, worms or other malicious code;
BBG reserves the right at 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.
BBG assumes no responsibility for the conduct of any End-Users of the BBG Services submitting any User Content, and assumes no responsibility for monitoring the BBG Services for inappropriate content (User Content) or conduct. BBG does not, and cannot, pre-screen or monitor all User Content. Your use of the BBG Services is at your own risk. By using the BBG Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the BBG Services. At BBG’s discretion, BBG’s representatives or technology may monitor and/or record your interaction with the BBG Services or communications including without limitation chat text when you are using the BBG Services. By accepting the terms of this EULA, you as an End-User hereby provide your irrevocable consent to such monitoring and recording. You as an End-User acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time BBG chooses at its sole discretion to monitor the BBG Services, BBG nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. BBG has the right but not the obligation, at BBG’s sole discretion, to edit, refuse to post, or remove any User Content.
The BBG Services may include various forums, blogs and chat features where you as an End-User can post User Content, including your observations and comments on designated topics. BBG cannot guarantee that other users of the relevant BBG Services will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the BBG Services. BBG shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
You (as an End-User) are solely responsible for the information that you post on through or in connection with the BBG Services and that you provide to others. BBG may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that at own discretion of BBG violates this EULA.
You as an End-User hereby grant to BBG an irrevocable, permanent, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, to your User Content as well as all modified and derivative works thereof in connection with BBG’s provision of the BBG Services, including marketing and promotions of the BBG Services. You also hereby grant to BBG the right to authorize others to exercise any of the rights granted to BBG under this EULA. You further hereby grant to BBG the unconditional, irrevocable right to use and exploit any information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. BBG does not claim any ownership rights in your User Content and nothing in this EULA is intended to restrict any rights that you may have to use and exploit your User Content. BBG has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
You (as an End-User) are solely responsible for your interactions with other users of the BBG Services and any other parties with whom you interact through the BBG Services and/or BBG’s GAMES. BBG reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with BBG to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting BBG access to any password-protected parts of your Account and for this purpose you grant to BBG your consent to access the parts of your Account protected by password.
If you have a dispute with one or more users of the BBG Services, you release BBG (and BBG’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, according to the applicable law.
Acquirement of license
BBG grants to you as an End-User a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access the GAME/BBG Service for your (End-User’s) own personal, non-commercial entertainment use/purposes only – i.e. the usage right to the GAME/BBG Service or the right to use the GAME/BBG Service, in the Scope of license under this EULA at no charge (“Acquirement of license“)
BBG periodically releases updates that may fix bugs or improve the functioning of the GAMES/BBG Services.
Available updates may be notified to you through notifications provided by Application Platforms, SNS or WEB, but it is your responsibility to monitor these notifications. Updates are applied similarly through these Application Platform, SNS or WEB, which requires an active internet connection.
Installing updates may require your separate consent. A proper application of updates requires the availability and good functioning of Application Platform and/or SNS, over which BBG has no control. BBG is not responsible or liable for an incorrect execution of updates. No liability exists for any damage as a result of bugs fixed in an update you did not install.
Support, reclamations, suggestions and complaints
You as an End-User are solely responsible for installing and activating the GAMES/BBG Services and the accompanying web service. It is your responsibility not to lose, destroy, or damage GAMES/BBG Services once downloaded/installed.
BBG service/GAME is fully functional inclusive all of its features and characteristics at the moment of Complete delivery of the BBG Service/GAME to you as an End-User pursuant to this EULA. BBG making its best effort to ensure full functionality of the BBG Service/GAME inclusive all of its features and characteristics and that the BBG Service/GAME is provided to the End-User in required scope and quality.
You as an End-User can verify compatibility or obtain information about the compatibility of electronical contents provided under this EULA with your hardware and software on the website https://bluebraingames.com/.
BBG is solely responsible for providing any maintenance and support services with respect to the GAMES/BBG Services as specified in this EULA or as required under applicable law. BBG shall offer a reasonable level of support through the website (WEB) and due to the special nature of the BBG Service/GAME provided pursuant to this EULA BBG recommends the End-User in case of problems, any questions, complaints or claims with respect to the GAMES/BBG Services or with respect to the application procedure and processing of reclamations, complaints and suggestions to contact customer support of BBG at the e-mail firstname.lastname@example.org(or at/by other channels announced to you, or in person/by mail at the address of BBG´s registered seat: Sabinovska 8, 821 02 Bratislava, Slovakia). BBG however makes no guarantees that any problems or requests raised by you shall actually be addressed.
In case of breach of warranties specified in the following section of this EULA "Warranties and Limitation of Liability" the End-User is entitled to claim (i) the correction of defect/error of the BBG Service/GAME provided pursuant to this EULA duly and in due time at no charge and BBG is obliged to correct the defect/error without undue delay at no charge or (ii) the delivery of the BBG Service/GAME provided pursuant to this EULA without defect/error free.
You as an End-User can apply the right (file a claim) for defects liability by sending the email to the e-mail address: email@example.com, by mail or in person directly at the address of BBG´s registered seat: Sabinovska 8, 821 02 Bratislava, Slovakia. BBG is obliged to settle the claim/reclamation within 30 days from the date of its application.
The conditions and procedures for handling reclamations shall apply accordingly to the End-User´s suggestions and complaints.
Warranties and Limitation of Liability
BBG declares that BBG Service/GAME provided pursuant to this EULA (i) is in principle inclusive of such features and characteristics as mentioned in particular BBG Service/GAME including updates and also inclusive of such features and characteristics which result from the purpose for which it is provided or for which it usually used to be provided (i.e. that it has no defects/errors that would impede the purpose of its use), (ii) is provided to the End-User in required scope and quality, (iii) is within the requirements of the relevant applicable law and has no legal defects.
An End-User is aware and agrees that use of the GAMES/BBG Services is at his/her sole risk. BBG does not hold legal responsibility over the End-User's Accounts, their loss or deletion. It is your (End-User´s) responsibility not to lose, destroy, or damage GAMES/BBG Services once downloaded/installed.
Due to the specific nature of the BBG Service/GAME provided pursuant to this EULA, BBG makes no warranty or declaration that the functions contained in the BBG Service/GAME provided pursuant to this EULA will satisfy the requirements of the End-User or that its operation will be uninterrupted or error free. BBG is not responsible for malfunctioning or inapplicability of the BBG Service/GAME provided pursuant to this EULA due to improper use or a combination of the impact of technical equipment, software or malicious programs.
Without limiting BBG’s liability stated in this section below, the GAMES/BBG Services are provided on an “AS IS” and “AS AVAILABLE” basis for your use, without warranties of any kind, expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.
BBG and any of its contractors or licensors shall not be held liable for any incidental, indirect, special, consequential or any other damages arising out of or in any way related to the accessibility, use or inability to use the GAMES/BBG Services at the times or locations of your choosing. BBG does not warrant that the BBG Services will be uninterrupted or error-free; that defects will be corrected; or that the GAME or the BBG Services are free of viruses or other harmful components.
BBG shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, loss of profits, loss of data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to this EULA or the BBG Services itself, whether based on contract, tort or any other legal theory, and whether or not BBG has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that BBG may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of BBG’s liability shall be the minimum permitted under such applicable law. In particular, nothing in this EULA shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of BBG.
BBG shall not be liable (and you as an End-User agrees to that) to you as an End-User for specific damage for more than the amount you have paid to BBG in accordance with this EULA in the six (6) months immediately preceding the date on which you first assert a claim of compensation for this specific damage. You acknowledge and agree that if you have not paid anything to BBG during such time period, your sole remedy (and BBG’s exclusive liability) for any dispute with BBG is to stop using the BBG Services and to cancel your Account.
You agree to indemnify, defend and hold BBG harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the BBG Services, or any breach of this EULA by you, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
BBG will use its best efforts to investigate any reported bugs in GAMES/BBG Services as soon as is practical and to repair such bug or create a workaround (BBG may delay repairing bugs with limited impact until the next planned update); but nothing else.
In addition, no liability exists if the cause of damage is beyond the control of BBG (force majeure).
The GAMES/BBG Services communicates via the internet with a server under control of BBG to provide the complete service. BBG uses its best efforts to have this server available at all times, but makes no guarantees in this regard. From time-to-time BBG can make updates to the server, which may lead to a temporary unavailability. BBG will do its best to inform you in advance about unavailability of the server. Everything in this document regarding updates, support and liability applies equally to the server.
You acknowledge that because some aspects of the GAMES/BBG Services and administration of the usage rules of the GAMES/BBG Services entails the ongoing involvement of BBG, if BBG changes any part of or discontinues the BBG Services, which BBG may do at its election, you may not be able to use GAMES/BBG Services to the same extent as prior to such change or discontinuation, BBG shall have no liability to you in such case.
In the event of any failure of the GAMES/BBG Services to conform to any applicable warranty (warranty mentioned above in this EULA /” Disclaimer of Warranties and Limitation of Liability”/ or warranty according to applicable law), the End-User may notify Application Platform and Application Platform will refund the purchase price for the App to that End-User.
No BBG´s liability exists for damages directly or indirectly resulting from incorrect functioning of Application Platforms and/or SNS.
Application Platform will have no other warranty obligation (except the warranty/liability mentioned above in this EULA) whatsoever with respect to the GAMES/BBG Services to the maximum extent permitted by applicable law, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty under the observance of terms of this section – “Disclaimer of Warranties and Limitation of Liability” stated in this EULA will be BBG´s sole responsibility.
Term of EULA
This EULA enters into force at the moment you start use of the Apps/GAMES/BBG Services (at the moment of acceptance of the terms of this EULA by you as an End-User by one of the several manners mentioned above), EULA is concluded for an indefinite period and remains in force until terminated.
End-User may terminate this EULA at any time by deleting his/her (End-User’s) Account. BBG may (reserves right to) terminate or suspend the End-User´ Account at any time for conduct which is deemed to be a violation or breach of the terms of this EULA at BBG's sole discretion. BBG reserves the right to terminate or suspend inactive Accounts without prior notice and BBG is not liable for any losses arising from such termination or suspension. If BBG terminates or suspends End-User´s Account, End-User will have no further access to his/her (End-User’s) Account or to anything associated to it. Termination of this EULA is without prejudice to a claim for damages resulting from breach of this EULA, to the provisions related to warranties/guarantees (limitation of warranties/guarantees) and to limitation of liability (limitation of damages) or to other provisions of this EULA which under the manifested will of the parties or by their/its nature should continue even after termination of the EULA.
BBG reserves the right to terminate operation of the GAME/BBG Service or any of the game servers at any time. In such case you as an End-User will be notified about such termination on the corresponding pages/the website of the GAME/BBG Service or of server at least 3 months before the termination. Even in this case you as an End-User are not entitled to claim any compensation or refund of Credits/Credit packages or money. The End-User who will conclude this EULA after such announcement about the termination of the operation of the GAME/BBG Service will be informed about the termination of the GAME/BBG Service immediately after conclusion of this EULA.
This EULA terminates automatically and immediately in case you (as an End-User) enter into bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case you enter into liquidation, legal dissolution or winding-up.
After termination of the EULA (regardless of reason) you must cease all use of Apps/GAMES/BBG Services. In addition, you must remove all copies of Apps/GAMES/BBG Services from all computer systems or any other devices under your control.
Slovak law applies to this end-user license agreement, i.e. this EULA shall be governed by Slovak legal order.
Legal Compliance: The End-User by acceptance of the terms of this EULA by any of the several manners mentioned above represents and warrants that
he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and simultaneously
he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Unless dictated otherwise by mandatory law, all disputes arising out of or in connection with this EULA between BBG and the End-User (including any disputes as to the validity and existence hereof and/or this clause, and the scope and termination hereof) shall be finally settled by the relevant Slovak court having jurisdiction.
Jurisdiction is determined by the general territorial jurisdiction over the legislation in force in the Slovak Republic. Parties, in accordance with Art. 23 Council Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, agreed that the courts of the Slovak Republic are competent for the settlement of all disputes arising from and in any connection with this EULA between BBG and you as the End-User or any other third party, whereby the competent court for the proceedings in the first instance is The District Court Bratislava I.
BBG shall not be prevented from taking proceedings relating to any dispute referred to in previous sentence in any other court of competent jurisdiction.
Dispute resolution through the system of alternative dispute resolution: You as the End-User with domicile or habitual residence in any of the European Union countries (“European consumer") are entitled to file the request for remedy through e-mail: firstname.lastname@example.org (or other channels announced to you) if you are not satisfied with the process of your reclamation by BBG or you believe that BBG has violated your rights ("Remedy request"). European consumer has the right
to initiate an alternative dispute resolution procedure at alternative dispute resolution entity; or
to file an online complaint through the European ODR (online dispute resolution) platform (https://ec.europa.eu/consumers/odr/),
namely in case BBG denied your Remedy request or BBG failed to reply to your Remedy request within 30 days from the day of its dispatch. Ministry of Economy of the Slovak Republic publishes the list of alternative dispute resolution entities competent for above mentioned alternative dispute resolution procedure on website (https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1). European consumer shall not be prevented from taking proceedings related to any dispute referred to above in the court of competent jurisdiction.
A finding that any particular provision of this EULA is legally void shall not affect the validity of the entire agreement (EULA). In such a case such provision shall be replaced by provision that is legally valid and approximates the intent of the offending provision as much as possible. If any provisions of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable (corresponding as closely as possible to the parties’ (their) intention and the originally desired economic effect of the ineffective or unenforceable provision) and the remaining provisions of this EULA shall not be affected, i.e. if any provision of this EULA is or becomes ineffective or unenforceable, the remaining provisions of this EULA shall remain in full force and effect.
Rights and obligations under this agreement (EULA) are transferred to any legal successors of the BBG and on each further legal successors.
BBG may also transfer/assign its rights and obligations under this agreement (EULA) to a third party/entity that acquires the relevant business related to BBG Services or the copyrights to BBG Services from BBG, or to a third party/entity which acquires fifty per cent (50%) or more of the BBG’s participation interest, or to a third party/entity a fifty per cent (50%) or more of participation interest of which is owned by BBG, or to a third party/entity in which BBG possesses the power and authority to exercise through its ownership interests a controlling influence over the management or the business of this third party/entity, without any impact on the End-User´s ability to use the BBG Services continuously (i.e. that the Apps/GAMES provide its services continuously).
Third Party Beneficiary: BBG and you as an End-User acknowledge and agree that Application Platform and/or SNS and their/its subsidiaries, are third party beneficiaries of this EULA, and that upon the End-User’s acceptance of the terms and conditions of this EULA, Application Platform and/or SNS and their subsidiaries have the right (and deem/s to have accepted the right) to enforce the EULA against you as an End-User as the third-party beneficiary thereof.