Terms of Services and UseVersion 1.5
These Terms of Services and Use, as may be amended from time to time (the “Terms” or “Agreement”), set forth the terms and which govern your use of the Unified Player Account System (“Platform”), websites or other services (collectively, “Services”) offered by Prism Ray Online Services GmbH, Embracer Platz 1, A-6604, Hoefen, Austria ( “PROS”).
Description of Services
Acceptance of Terms
Registration / PROS Account
License / Personal use
User Generated Content
Changes to Services
Access to Services
Right of withdrawal
Termination by PROS
Termination by User
Disclaimer of warranties
Liability limitation for Users based outside the European Union
Liability limitation for Users based in the European Union
Updates to Terms
DESCRIPTION OF SERVICES.
The Unified Player Account System – PRISM RAY ONLINE SERVICES – is a platform which is used by our partner developers and publishers to integrate their games and to provide unique benefits to you, such as
- community events,
- exclusive rewards,
- enhanced customer support,
- in game message of the day,
- leaderboard supports, and
- supporting developers with a unique toolkit of features to improve their games.
Overall, it is a platform built on your connection with the games you love and is aimed at giving meaningful value and information to you. We embrace flexibility to support a complex, heterogeneous and evolving ecosystem.
In order to offer you the benefits of our Services it is necessary for us to collect certain game data from the games you play and choose to connect with your Account (such game data is referred to herein as, “Telemetry”). By connecting a game to your Account, you agree that PROS and its partners may use such Telemetry data for the purposes as set forth in this Agreement.
Please note that a broadband internet connection and the creation of an Account is necessary to access our Services.
ACCEPTANCE OF TERMS.
Before registering for an Account and use of our Services please carefully read the following Terms. This Agreement is an electronic agreement that sets out the legally binding terms of your use of our Services and registering for any Account. When you register for an Account and use any of our Services you acknowledge and agree that you (i) are at least 14 years old (or such other minimum age as is applicable for such an agreement in your country of residence), (ii) have the full legal right, authority and capacity to enter into this Agreement and (iii) have read, understand and agree to be bound by the terms of this Agreement. If you do not agree to these Terms, please do not register for an Account or use the Platform, any PROS website, or any online or offline related product or service.
THESE TERMS ARE ONLY APPLICABLE FOR THE USE OF PROS SERVICES. FOR SERVICES; PRODUCTS OR GAMES THAT ARE OFFERED BY THIRD PARTIES, THE SPECIFIC END USER LICENSE AGREEMENTS (“EULA”) OF THIRD PARTIES APPLY ADDITIONALLY.
REGISTRATION/ PROS ACCOUNT.
Upon registration you will be asked to choose a password and a user/account name. Account names and personas are tied to your Account. You are entirely responsible for maintaining the confidentiality of your password and other Account log-in information and data. You should not reveal your password or other log-in data to others. You may not use a user/account name that is considered by PROS to be vulgar or otherwise offensive, infringes any trademark or other proprietary rights of others, is already in use, or is used in any way that violates the Terms or any laws or regulations. You are solely responsible for all activity on your Account. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you will be liable for losses incurred by PROS or another party due to someone else using your Account or password. You will only create one unique profile. You agree to notify PROS immediately of any unauthorized use or theft of your Account or any other breach of security and to provide properly documented evidence as reasonably requested by PROS. Furthermore, it is strictly prohibited to sell or assign your Account to someone else.
PLEASE NOTE THAT PROS WILL NOT ASK YOU TO REVEAL YOUR PASSWORD OR INITIATE CONTACT WITH YOU ASKING FOR ANSWERS TO YOUR PASSWORD SECURITY QUESTIONS.
PROS is authorized to delete your Account if there are grounds justifying this (e.g. if Accounts without a membership are inactive for extended periods of time, if someone else uses it to engage in activity that violates these Terms or is otherwise improper or illegal).
PROS may need to verify the accuracy of this information, including by verifying telephone numbers and email addresses, particularly to protect minors, other users and to avoid the risk of fraud. You agree to send us the necessary documents (this may include a copy of your identity card or passport) by any appropriate means upon request.
LICENSE / PERSONAL USE.
PROS grants you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, terminable and revocable license to access and use the Services. This license is subject to these Terms and is conditioned upon your agreement with its contents, including, without limitation, the User Requirements below.
All Services are intended solely for your personal, noncommercial use in accordance with these Terms. The use for business or commercial purposes is prohibited unless PROS gives the prior written consent.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the websites of the Services so long as the link does not portray PROS and/or any Services in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by PROS of the site from which you are linking. Further, the site from which you are linking to Services must not contain any obscene, defamatory, pornographic, offensive or illegal content.
Except as expressly authorized in these Terms or applicable EULAs, any use of any portion of the Services without our prior written permission is strictly prohibited and constitutes an immediate termination of the license granted herein. Any such unauthorized use may also violate applicable laws, including copyright and trademark laws, applicable communications regulations and statutes, and the like. Except as expressly stated herein, nothing in this Agreement shall be construed as conferring any license or intellectual property rights, whether by estoppel, implication or otherwise. The limited license granted by PROS may be revoked at any time and for any reason.
You represent and warrant that your use of the Services will be strictly in accordance with this license and any other applicable agreements or guidelines and will not infringe the rights of any other party or breach any contract or legal duty owed to any third party or otherwise violate any applicable law or company policy. You expressly agree to release us from any liability to third parties arising from any use of the Services by you.
By registering for the Services and accepting these Terms you agree that you will not:
- Copy, display or distribute any part of the Services in any medium.
- Alter or modify or attempt to alter or modify any part of the Services
- Use any Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, transmit, distribute or disseminate content that PROS determines is beyond the acceptable level of content PROS has set for its Services such as content that is illegal, harmful, abusive, threatening, harassing, vulgar, distasteful, sexually explicit, political, libelous, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights to use the materials in this manner.
- Use the Services in any manner that could damage, disable, overburden, or impair any PROS server, or the network(s) connected to any PROS server, or interfere with any other party’s use and enjoyment of the Services.
- Take any action to interfere with, interrupt, destroy or limit the functionality of the Services, or any computer software or hardware or telecommunications equipment.
- Reverse engineer, decompile or disassemble any Services and/or third party sites, including any proprietary communications protocol used by PROS.
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services, a game and/or websites and/or other users’ computers.
- Restrict or inhibit the use of the Services by other users in any way (for example, by running programs directed against the website, reverse engineering APIs, harassment, targeted computer attacks, unauthorized modification of the website, etc.).
- Attempt to gain unauthorized access to the Services, other Accounts, computer systems or networks connected to any PROS server or to any game and/or third party site, through hacking, cracking, distribution of counterfeit software, password mining or any other means.
- Use our Services for fraudulent transactions or other criminal means.
- Use, develop or distribute “auto” software programs, “macro” software programs, prohibited robots, spiders or other “cheat utility” software program or applications.
- Use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Service or to manipulate the Service and/or a third party site in any manner not consistent with its or their intended purpose(s).
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services.
- Advertise or offer to sell or buy any goods or services for any purpose.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Impersonate or create a false identity (such as a celebrity or PROS representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to PROS administrators.
- Use a bulletin board or other communications service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Sell, buy, or transfer access to your account.
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- Maintain more than one account.
- Encourage or assist anyone else to commit any of the foregoing violations.
Please note that PROS has adopted and operates a zero tolerance policy. If any such aforementioned behavior is detected, your access to our Services may be terminated with or without additional notice to you.
If you consider that any content made available on any Service by users does not comply with these Terms, you may report this to PROS by sending an e-mail or a letter to the following address. All decisions in such cases will be made solely and at the sole discretion of PROS and its licensors.
To Prism Ray Online Services GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria, e-mail: [email protected].
USER GENERATED CONTENT.
Some Services may offer the ability to users to create, modify, design, upload, embellish, or otherwise alter objects or other elements (“User Generated Content” or “UGC”).
In providing Services that include UGC, we cannot control each UGC, nor can we verify the accuracy, correctness or authenticity of the UGC provided. We do not actively monitor, nor are we in any way responsible for, the content of any UGC. The content of the contributions does not reflect our views, or the views of our affiliates and subsidiaries, anyone associated with PROS, its licensors or licensees, the Services or any website. PROS reserves the right to review and remove any UGC at any time, without notice, for any reason and in its sole discretion. PROS specifically disclaims any liability with regard to UGC. If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service. If you find any UGC to be inappropriate, offensive, or in violation of your copyrights, please contact us immediately via [email protected]. We reserve the right to remove any posts for any reason or no reason without penalty.
Some UGC may have elements of content that some may regard as excessively violent, vulgar, distasteful, explicit, sexually provocative, lewd, crude, hateful, taunting, harassing, threatening, and otherwise of questionable taste. If you object to or are sensitive to such content, and do not want to be exposed to it, please do not proceed.
By submitting UCG, you grant to PROS, its affiliates and partners, and their successors in business and assignees, employees, licensees, agents, representatives a perpetual, irrevocable, worldwide, assignable and sublicensable non-exclusive royalty free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote UCG, for any commercial or noncommercial purposes, and in any medium now existing or hereinafter developed without your prior approval or the payment of any compensation and without notice. To the extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in UCG you submit. You also grant each User of the Service a non-exclusive license to access your UGC as permitted through the functionality of the Services and under these Terms.
Although our Services can be used to provide you with access to UGC, neither these Terms nor your use of any UCG override the UCG owners’ requirements and restrictions.
IN ALL CASES, YOU ARE SOLELY RESPONSIBLE FOR MAKING USE OF UGC.
PROS reserves the right to review and remove any UGC at any time, without notice, for any reason and in its sole discretion. PROS specifically disclaims any liability with regard to User posts. If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service.
If you find any post to be inappropriate, offensive, or in violation of your copyrights, please contact us immediately via [email protected]. We reserve the right to remove any posts for any reason or no reason.
PROS’s company policy does not allow us or any of our employees to accept or consider any unsolicited ideas, suggestions, proposals, comments or materials. The purpose of these Terms is to avoid potential misunderstandings or disputes if products, services or features developed or published by PROS might appear to be similar or identical to ideas that may have independently occurred to you. If, despite our request that you not send us your ideas, you still choose to submit them to PROS, then regardless of what your letter says, the following terms shall apply. You acknowledge and agree that:
All unsolicited ideas, suggestions, proposals, comments or materials submitted, sent or provided by Users and received by us (“User Submissions”) shall be deemed non-confidential and non-proprietary. PROS shall have no obligations, including but not limited to, no obligation to review or return any materials. PROS may use, redistribute, or disclose any User Submissions worldwide without any restriction, in any way and for any purpose whatsoever, commercial or otherwise, without any compensation or credit obligation to you or any third party.
Some Services may also contain the ability to send messages and other communications to other users or to post messages to public forums. You agree to use the communication services only to post, send and receive messages and material that are proper and, when applicable, related to the Services and connected games.
You acknowledge and agree that your communications utilizing the Services are public and not private communications and PROS is not responsible for information that you choose to communicate to other users, or for the actions of other users. You understand and agree that when you communicate with other players within a game or utilize any interactive features available on a game, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
PROS reserves the right to review and remove any posts at any time, without notice, for any reason and in its sole discretion. PROS specifically disclaims any liability with regard to User posts. If you encounter something you find objectionable and in violation of these Terms, you can report it to customer service.
If you find any post to be inappropriate, offensive, or in violation of your copyrights, please contact us immediately via [email protected]. We reserve the right to remove any posts for any reason or no reason.
If you are younger than 14 years, you can only create an Account if your parent(s) or legal guardian have/has reviewed these Terms and allowed you to create an Account, subject to these Terms.
If you are a parent or guardian, PROS recommends that you monitor your children’s online activities. To protect your children’s privacy, PROS advises you to check that your children never disclose their personal data without your prior consent.
PROS restricts access to certain services on age grounds or in in accordance with laws, rules and regulations of applicable jurisdictions. PROS may allow a child to register for certain services with parental approval. PROS reserves the right to ask for written evidence of parental consent for any user or potential user we may suspect is a minor. A parental consent applies exclusively to the specific Services for which it has been granted.
In all cases, use of our Services by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them.
AS FAR AS IS PERMITTED BY APPLICABLE LEGISLATION, PROS DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO RESISTER FOR ONE OR OTHER OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at staysafe.org.
Some services or games may be accessed from third party websites. You must also accept and comply with all rules of external platforms applicable to a specific game, including but not limited to Apple iTunes App Store or Google Play Store (the “Apple or Google Site”) Amazon App Store, the Xbox Live©, PlayStation©Network and Valve Steam. PROS has no control over the rules of the external sites. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.
CHANGES TO OUR SERVICES.
We do not guarantee that the Services will be available at all times, in all locations worldwide, and/or on all devices. We do not guarantee that we will continue to provide any or all the Services for any minimum period of time. We reserve the right to change or to terminate the Services in whole or in part at any time.
ACCESS TO SERVICES.
PROS reserves the right to perform system upgrades, regular or planned or unplanned maintenance to the Services, for example, and not in limitation, to technology improvements or bugs, and you may or may not be notified of these changes before they occur. PROS also reserves the right to change, modify, discontinue, suspend or abandon the Services at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. You acknowledge and agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
You may be able to access other websites or resources through links on the Services. Because PROS has no control over any third party sites and resources, you acknowledge and agree PROS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources nor does PROS endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that PROS 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 content, goods or services available on or through any such third party sites or resource(s).
In its sole discretion, PROS may contact you to propose that you review and evaluate one or more games, aspects of games, online features or any services prior to commercial release for the purpose of identifying program errors and bugs and/or improve their functioning (“Beta Test”).
If you agree to a Beta Test, you must sign and return to PROS a Beta Test Confidentiality Agreement (“Confidentiality Agreement”) for each specific Beta Test BEFORE any software or feature will be provided or made accessible to you.
In connection with the Beta Test, PROS may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the PROS site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of PROS. “Confidential Information” shall mean any information designated as confidential, any information relating to PROS’ products, plans, product designs, product costs, product prices, product names, personnel, research, development, know-how and/or source codes, including without limitation its underlying logic and concepts. You shall use Confidential Information solely to the limited extent necessary for the Beta Test. You shall prevent and not allow any Confidential Information to be disclosed, used, sold, assigned, leased, sub-licensed, commercially exploited or marketed in any way or manner. At the earlier of (a) the end of the Beta Test (b) the date that PROS request you to return or destroy the Confidential Information you shall immediately discontinue the use of the Confidential Information and return the Confidential Information and all copies thereof in all material forms to PROS. Notwithstanding the completion of the Beta Test, Confidential Information shall remain confidential in perpetuity. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.
You must perform the Beta Test personally and must not provide access to pre-release materials to any other person. You will be asked to inform PROS of your reactions and suggestions following your experience of the games, game elements, content, features and/or services in the Beta Test. All comments, feedback, suggestions, ideas, criticisms and other data passed on, disclosed or offered to PROS in the course of the Beta Tests, or more generally in the course of use of the services, will be the exclusive property of PROS. You therefore agree not to make your feedback accessible by any means or process to any outside party other than PROS. You acknowledge that, unless prohibited from doing so under the applicable legislation, PROS may use, sell, promote and exploit the feedback in any way, without restriction and without compensation to you.
You agree that breach of the above obligations will cause irreparable harm to PROS, and PROS is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations hereunder. Your obligation to keep the games and features provided or given access to for the Beta Test confidential shall continue until such time as PROS publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the features that you are testing.
Upon request, you agree to immediately return to PROS the pre-release copy and all copies of other confidential or proprietary information PROS provided to you. You are invited to test pre-released services for the sole purpose of evaluating the service and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta service or content that you find here. The beta service is provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied. When testing some beta services, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular service completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. You explicitly agree that: (i) playing using beta versions is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve may be erased at any time, (iii) PROS has no obligation to make these services available without charge for any period of time, nor to make them available at all, (iv) these services may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) these Terms apply to your use of the services during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.
RIGHT OF WITHDRAWAL.
For users subject to the jurisdiction of the European Union the following shall apply:
You have the right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of concluding this Agreement.
To exercise your right of withdrawal, you need to inform us (Prism Ray Online Services GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria, email: [email protected]) of your decision to withdraw from this Agreement with a clear declaration (e.g. a letter sent by post, fax or e- mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient that you send the notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you exercise your right to withdraw from this Agreement, we shall reimburse to you all payments received from you, if any, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw this Agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Special Information for the withdrawal
Please note that your right to withdraw expires prior to the expiry of 14 days, if we have provided services to you immediately upon the start of this Agreement and have informed you about such prior expiry before providing services and have received your consent thereto.
Sample withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To Prism Ray Online Services GmbH, Gewerbegebiet 1, A-6604 Hoefen, Austria, email: [email protected]:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following
goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
TERMINATION BY PROS.
PROS may terminate this Agreement at any time by giving you notice of such termination within the time period specified when you joined the particular Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Service.
PROS reserves the right to deny any access to the Services or suspend or terminate your access to the Services, in whole or in part, without notice, for any material violations of this Agreement. A material violation is inter alia established if
- You materially breach laws, the provisions contained in these Terms, supplementary applicable conditions and/or Rules, unless you are not responsible for the violation.
- There are actual circumstances that indicate that your conduct is significantly and negatively impacting on the experience of the other users
We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under our absolute discretion. Every cancellation/termination may be communicated via email. However, you acknowledge that PROS is not required to provide you notice before terminating any Services. If PROS terminates, you may not participate in a Service again without PROS’ express permission. All terms that by their nature may survive termination of this Terms shall be deemed to survive such termination.
TERMINATION BY USER.
You have the right to terminate your Account or a particular PROS Service at any time. You can request the deletion of your Account under your account settings. Upon request, your Account will be deleted within thirty (30) days. For security reasons, we will notify you about the deletion of your Account (for example per e-mail or in game) and offer you the chance to review the request.
If you do not agree to these Terms, your sole remedy is to not use PROS Services and to delete your account or any applicable services. All terms that by their nature may survive termination of this Terms shall be deemed to survive such termination.
All content published on any Service, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials in the games and/or on the website (together “Content”) are owned by PROS or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. PROS owns a copyright or is a licensee in the selection, coordination, arrangement and enhancement of such content and one or more copyrights in and to the games. All trademarks, service marks, trade names are proprietary to PROS and/or its licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the trademarks, the Content, the games, in whole or in part, without PROS’s prior written consent. You may download Content for your personal, noncommercial use only as provided in these Terms, or as may be otherwise permitted by PROS from time to time, provided that you do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association between you and the products and services of PROS or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Services. Copying or storing of Content for other than personal use is expressly prohibited without prior written permission from PROS or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PROS without express written consent of PROS. You may not use any Meta tags or any other “hidden text” utilizing PROS’s name or trademarks without the express written consent of PROS. You may not use any PROS logo or other proprietary graphic or trademark as part of the link without express written permission. Any use(s) not permitted by these Term automatically terminates all permissions or licenses granted by PROS in these Terms. PROS may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless PROS from any unauthorized or illegal conduct by you, or through the use of your account.
Except for allowing you to use the Services for your personal noncommercial use as set forth in the paragraph above, when you access or use a Service, you are not receiving a license or any other rights from PROS, including intellectual property or other proprietary rights of PROS. You understand that you have no rights to parts of the Services or any other PROS property except as we indicate in these Terms.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND THAT YOUR USE OF ANY SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT ALL SERVICES ARE PROVIDED ON AN “AS IS” “WHEREIS” AND “WHERE AND WHEN AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT PROS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE. YOU UNDERSTAND THAT PROS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF ANY SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE SERVICES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND/OR DELETING YOUR ACCOUNT.
TO THE FULLEST EXTENT PERMITTED BY LAW, PROS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERRORFREE OPERATION, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE GAMES AND/OR THE WEBSITES.
THE USER SHALL BEAR ALL COSTS OF THEIR OWN INFRASTRUCTURE NECESSARY FOR THE USE OF THE SERVICES. THE USER SHALL BEAR ALL RISKS ASSOCIATED WITH THE EXPENDITURE OF TIME AND EFFORT OR THE LOSS OF DATA (IN PARTICULAR GAME DATA) OR WITH DISRUPTIONS OR LOSS OF COMMERCIAL OR OTHER INFORMATION THROUGH THE USE OF THE SERVICES.
LIABILITY LIMITATION FOR USERS BASED OUTSIDE THE EUROPEAN UNION.
To the maximum extent permitted by applicable law, in no event will PROS or its affiliates and subsidiaries be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data, or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and/or tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance, or nonperformance of the services, even if PROS has been advised previously of the possibility of such damages and whether such claims of damages may have been sustained anywhere in the world in contract, negligence, tort, under statute, in equity, at law, or otherwise. unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. moreover, under no circumstances will pros, its licensors or licensees, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond its or their reasonable control. pros may change or delete content or features in the services in any way, at any time and for any reason or no reason. the limitations, exclusions and disclaimers in this section and elsewhere in these terms apply to the maximum extent permitted by applicable law.
LIABILITY LIMITATION FOR USERS BASED IN THE EUROPEAN UNION.
PROS is liable according to the statutory provisions for damage/loss sustained by a user and caused deliberately or through the gross negligence of PROS or its vicarious agents. It is likewise liable for personal injury and damage within the definition of the Product Liability Law. Otherwise PROS’ liability in relation to compensation claims – irrespective of the legal basis – is limited in accordance with the following provisions, unless otherwise provided for under a guarantee made by PROS:
In relation to damage/loss caused by ordinary negligence, PROS shall only be liable insofar as the matter relates to a breach of material contractual duties. Material contractual duties are those contractual obligations the fulfilment of which is strictly necessary in order that the agreement can be duly executed, whereby the user should normally be able to rely on these duties being fulfilled.
In the event that PROS is hereby liable for ordinary negligence, the liability PROS will be limited to that damage/loss which is foreseeable and typical for this type of agreement. The liability of PROS in relation to data and/or programs lost due to PROS’ ordinary negligence shall be limited to the typical recovery costs that would have been sustained by the user had he implemented regular data backup measures which are reasonable in view of all the circumstances.
The provisions set out in the foregoing sub-paragraphs also correspondingly apply to the duty to compensate futile expenditure. The aforementioned disclaimers likewise apply in favor of PROS’ vicarious agents.
PROS is not liable for any costs sustained by the user availing of services not explicitly offered by PROS itself. This applies particularly to costs incurred due to the data transfer to and from the user’s terminal device as well as for any costs sustained by the user in using payment systems.
Any form of strict liability is excluded in respect of malfunctions in the Services existing at the start of the service provision; i.e. PROS is only liable insofar as PROS or its vicarious agents is responsible for this.
You understand that you are personally responsible for your behavior while using our Services and while you are on the websites and agree to indemnify and hold PROS and its and their affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim(s) or threatened claim(s) arising out of or related to your use of any Services or your violation of these Terms, applicable law, or the rights of any third party.
UPDATES TO TERMS.
PROS reserves the right to modify and update this Terms at any time and from time to time for safety, security, legal, best practice and/or regulatory reasons and in accordance with applicable laws. If we change our Terms, we will post those changes to these Terms, the website or other places. If we make material or significant changes to these Terms, we will notify you by email or by a notice on the applicable websites or during log in. You should check the Terms periodically for changes, as they are binding on you. Updates to these Terms affecting existing PROS services shall be effective thirty (30) days after publishment. Your continued use of our Services will signify your acceptance of the changes to these Terms. If you do not agree with the changes to these Terms, you may terminate your account. Any use of the Services after the effective date of the amended Terms will constitute your consent to the amended Terms.
If you live in the European Union, United Kingdom, Norway, Switzerland, or Russia this Agreement and your use of the Services shall be governed by the laws of your country of residence; and any claim or legal proceeding arising out of or relating to this Agreement or the Services shall be subject to the jurisdiction of the courts having jurisdiction under the laws of your country of residence.
In the event that disputes or claims arise in connection with these provisions, the European Commission provides a platform to facilitate the independent and out-of-court resolution of online disputes between consumers and professional suppliers, accessible at the following address: ec.europa.eu/consumers/odr
Prism Ray Online Services GmbH is not obligated to and nor does it intend to participate in this or any other process for Online Dispute Resolution.
If you reside in another country this Agreement and your use of our Services shall be governed by the laws of Austria, without regard to Austrian conflict of laws principles; and you irrevocably consent to the exclusive jurisdiction of the courts of Austria for the resolution of any such dispute or claim.
These Terms and the policies incorporated herein, are the entire agreement between you and PROS. They supersede any and all prior or contemporaneous agreements between you and PROS relating to your use of any game and/or the websites. Your own terms and conditions expressly do not form a part of this Agreement. PROS may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. The failure of PROS to partially or fully exercise any rights or the waiver of PROS of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by PROS or be deemed a waiver by PROS of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of PROS under these Terms and any other applicable agreement between you and PROS shall be cumulative, and the exercise of any such right or remedy shall not limit PROS’ right to exercise any other right or remedy.