GENERAL TERMS AND CONDITIONS OF THE PLAYERS OF WIMI5
I.- GENERAL DATA
1.- Company’s data.
The dominium play.wimi5.com (hereinafter, the Web) owned by WIMI5 DEVELOPMENT, S.L. (hereinafter, WiMi5), a Spanish company, with corporate address at Parque científico y Tecnológico de Vizcaya, calle Geldo, Edificio 700, Derio, Vizcaya, with Tax Identification number B-95737870, telephone number (+34) 661 467 204, and email firstname.lastname@example.org y and duly incorporated in the Commercial Registry of Vizcaya, Volume 5420, Folio 73, Sheet BI-63324.
2.- Object and scope
These Terms of the Players are of compulsory acceptance, in order to be able to enjoy the Videogames published on the Web and such acceptance of the Player, by means of the mechanisms established on the Web, implies the knowledge and express adherence, without any reserve or limit, of the content of the present Terms of the Players.
In this sense, the Player is obliged to use the Web according to the current legislation and the present Terms of the Players, if the Player would not agree with what stated herein, he must refrain himself from using the Web.
- THE SERVICE
3.- Description of the service rendered by WiMi5
WiMi5 enables the Players, in the framework of the existing technical and business possibilities, the enjoyment through the Web of HTML5 Videogames developed by third parties others than WiMi5 and provided to the general public (as potential player), for its enjoyment (hereinafter, the Service).
The developers of the Videogames, are independent third parties different from WiMi5, who publish Videogames for the enjoyment of the Players. The developer of its Videogame, is the creators of the same and, therefore, the sole responsible of its contents, its directions, as well as, of any information contained therein.
The enjoyment of the Videogames must be following the directions provided by each developer, the Player must acquire virtual goods (swords, lives, faculties, levels or any other article that the developer determine) (hereinafter, Virtual Goods), for the full enjoyment of the Videogame.
In this sense, the Players could enjoy the Videogames published on WiMi5 according to the rules of the game that each developer establishes for the enjoyment of its Videogame. In the section “Directions/Tutorials” the developer will provide to the Players the rules and directions for enjoying the Videogame and the tariffs for the acquisition of the Virtual Goods existing in the same.
4.- Acceptance of the Terms of the Players of the Web
The registry on the Web implies the acceptance of the Terms of the Players, notwithstanding, the enjoyment of each Videogame implies the acceptance of the special conditions that each developer establishes in the section “Directions/Tutorials”, of each Videogame. Is of utmost importance and of the sole liability of the Player to know the directions of the Videogame available for the Player.
5.- Acquisition process
The Web offers the Player in the section “Directions/Tutorials” of each Videogame, the rules of the game and the information about the Videogame, as well as the prices of the Virtual Goods provided for the enjoyment of the Videogame.
As long as the Player were interested in the acquisition of Virtual Goods for the enjoyment of the Videogame, he could, according to the directions of the Videogame, select the article, introduce it in the “Chart” and proceed to payment.
The Players could pay the Virtual Goods through the PayPal platform for which it would be necessary, to read and accept the conditions that apply to the PayPal service. One the payment has been duly made, WiMi5 will confirm the acquisition.
Fraud control and invoicing
With the purpose of having the maximum control over the fraudulent transactions, WiMi5 reserves its right to request information, confirmation and/or additional documents to the Players, even after having undertaken one or more purchases on the Web with the purpose of confirming that the Player effectively would have made certain purchases, WiMi5 reserves its right to check the identity of the Player.
The Player authorized WiMi5 to issue electronic invoices regarding the accomplished transactions. Likewise, the Player that would like to receive an invoice of the purchase must specify it in the section “Observations” in the moment of the purchase. In case it would not have specified it and would like to receive an invoice on paper or revoke the consent for electronic invoicing, must request it in the following address email@example.com.
6.- Exception to the right of Withdrawal
WiMi5 informs the Player that the acquisition of Virtual Goods means the acquisition of an online digital content which supply begins, in the very same moment of the acquisition. The Player, through the acceptance of the present Terms of the Players, expressly consent the immediate commencement of such digital content, once the payment has been made, and therefore accepts that, there is a lack of the right of withdrawal, according to article 103 of the Legislative Royal Decree of the Users and Consumer’s Defence Law and other complementary laws (Real Decreto Legislativo de la Ley de Defensa de Consumidores y Usuarios y otras leyes complementarias) (hereinafter, LCU).
7.- Service’s Guarantee
The Service offered by WiMi5 has the legal guaranties established in the LCU.
III. USE OF THE SERVICE
8.- Prohibitions of use related with the Web
The Player commits himself to the diligent use of the Web and of the rest of the elements related to WiMi5. The Player will be obliged to make a reasonable and acceptable use of the same, under the good faith principle and with respect to the current legislation, the moral, public order, customs, and rights of third parties or of WiMi5, all for the possibilities and purposes for what these are conceived and in particular, they will refrain from:
- Publishing on the Web, contents that: (i) infringe intellectual property rights of WiMi5 or of third parties; (ii) that were false, fraudulent, illegal or misleading; (iii) that were libellous or abusive; (iv) that were obscene, pornographic or offensive; (v) that boost the intolerance, the racism, hate or any harmful action against the moral and public order to any individual or group; (vi) that infringe or boost any behaviour that could infringe any current and applicable legislation that could produce any civil liability; and (vii) that, in general, were illicit, or its distribution, diffusion and exhibition were prohibited by any legislation in any territory.
- Employing, divulging and/or using the contents and, in particular, the information of any class obtained through the Web in order to accomplish with illegitimate purposes or commit any kind of criminal act.
- Acceding, interfering, manipulating or using any area of the Web that were not of public nature. As well as performing any act that infringes, eludes or manipulates the terms, rules, mechanics, politics, spirit or intention of the Web.
- Trying to probe, researching, analysing, exploring or proving the vulnerability of the Web or of any system or net related with the same, or disarming or decoding any barrier, security measure or of authentication or source code related with the Web or with the referred systems or nets.
- Trying to decode, decompile, disassemble or invert any software engineering used on the Web.
- Damaging or generating a treat of damage to the system, to other Players or to third parties, to the “host” or to the net, manipulating or trying to manipulate the access of any third party including, descriptively but not limited, the sending of a virus, the overload, the delimiting or the massive remission of spam or bomb emails to the Service.
- Coping or falsifying the affiliation of the Player or of any third party by means of the use of the identity of other person or entity.
- Undertaking the amendments or alterations over the Videogame that could interfere on the platform provided by WiMi5, that could cause damages or those alterations that could create deficiencies in the final service offered to the Players. In any case, in order for that amendment to operate, the Player must notify to WiMi5 to this respect, according to what it is regulated by the present Terms of the Players.
Any infringement of whatsoever of the proceedings obligations by the Player, will entitle WiMi5 to resolve the present agreement and claim the possible damage and prejudice that could derive as consequence of such infringement.
Therefore, the access to the Web, the process of registry as well as the use of each Player through the Web will be of exclusive liability of who makes it. Likewise, the use that could make the Player of the information, data, images, videos and/or contents available on the Web must be subjected to good faith and licit use by the Players, who will be entirely responsible of its correct use.
9.- Intellectual and Industrial Property Rights
WiMi5 is the unique owner of the intellectual and/or industrial property rights of the Web and of the software integrated in the same.
In this sense, WiMi5 has the corresponding licences and authorizations of the exploitation rights of the intellectual property, industrial property and images rights over all those contents available on the Web, specially but not limited to, texts, pictures, graphics, images, icons, audio-visual or sound elements and the graphic design, except those applications, software, systems or any other element with “Open Source” (hereinafter, Open Source) and in consequence that could be used and/or exploit without the granting of any license, as well as, of the brands, logos, commercial names or any other distinctive sign, design, logos, images, icons, audio clip, software, informatics programs, digital downloads, utility models or data bases that are or were part of the same, at any time.
In no case, it would be understood that the access, navigation and use of the Web by the Player implies the waive, transmission, attributions, license or total or partial assignment by WiMi5 for the exploitation, reproduction, public communication, diffusion, divulgation and/or transformation of the Web, or of any of its content –understood as broadly as stated in the previous paragraph- and of the intellectual and/or industrial property rights of the same.
As a consequence, it is expressly declared that, it is forbidden, to copy, reuse, exploit, reproduce, publicly communicate, to make second or former publications, to upload files, send by email, transmit, use, treat or distribute of any kind the total or part of the contents included on the Web, the language code HTLM and its graphic design, property of WiMi5 or of third parties, unless express and written authorization of WiMi5, in such case, of the legitimate owner/s of such rights.
10.- Obligations of WiMi5 related to the Web
WiMi5 assumes the following obligations in relation with the present Services:
- To make the Web available to the Players according to the Terms of the Players and whatsoever other special conditions that could be applicable to the Player.
- To protect the data and information provided by the Player as well as the code of access, not only during the registry process or by its successive amendments, but likewise, during all the validity of the Player’s account.
- To establish and update with the duty of an organized businessman the control and security systems of the Web according to the liability limits contained in the present Terms of the Players.
- To make available to the Player, the means and payment systems in order that he could pay the price of the Virtual Goods willing to acquire.
11.- Faculties of WiMi5 related to the Service rendering.
WiMi5 have the right to monitor and control the access and/or the use of the Web by the Player, with the purpose of guaranteeing the effective rendering of the Service, of the maximum control and full security, of the observance of whatsoever applicable Law of judicial or Public Entity injunction and for preventing any infringement of the legal dispositions or of any third parties rights.
In this very sense, WiMi5 dispose the right of cancelling indefinitely the Player’s account if, this performs any behaviour classified as unlawful by the applicable legislation as well as if infringes any obligation or prohibition of the present Terms of the Players.
WiMi5, reserves the right, in every moment, of revealing, discretionally and without limitations, any data, information or content of the Player’s account, always responding to the requirement of a Law, Regulation, or Administrative or Judicial Injunction. In case WiMi5 considers, discretionally, that a serious and imminent threat for the security or health of the Player or for any other Player, developer, and any third party or for the functioning of the Web, it reserves the right to interrupt, delete, deactivate the account of the Player or to leave the rendering of the concrete Service that could generate the pernicious aforementioned effects.
For security reasons, WiMi5 can temporarily suspend the access to the Web without previous notice to the Player. If the suspension would last more than ten (10) days, WiMi5 will make its best efforts to implement other alternative system or the rendering of analogous system.
12.- Access to other programs different to WiMi5
13.- Liability of the parties
In no event and under any circumstance, WiMi5 will be liable before the Player or before any third party as a consequence of the following events and in the described circumstances:
- Any incapability or unavailability to use the Web, the Player’s account or any other area of the same or, any suspension, interruption, faulty functioning or system crash –even temporary or permanent- when those are due to factors required for the maintenance of the Web or outside the control and activity of WiMi5 and that have been caused, directly or indirectly by (i) force majeure situations that could have not been foreseen by WiMi5 or that, being foreseen, could be impossible to control its effects, or (ii) the action of a third party with no personal, commercial or of any other type of relation with WiMi5, including but not limited to, the manipulation, the inversion, the in-utilization, the introduction of malware, the overload, the massive sending of span or bomb emails, etc…
Notwithstanding the aforementioned, WiMi5 declares that it has adopted all the required measures, inside its possibilities and the state of the technology, in order to guarantee the correct functioning of the Web and, if technically possible, WiMi5 will previously warn the Players from the interruptions or dysfunctionalities of the Web, in case these appear, but it will not grant any guarantee over the same.
The Player recognise and accepts that WiMi5 does not have any liability over the damages, mistakes, omissions, prejudices or any other malware of any kind that could derive from the availability, accessibility, functioning and/or continuity of the Web or of its contents, to the eventual lack of suitability for the use desired by the Player or to faults or dysfunctionalities of the access to the same;
- Any damages or prejudices of any kind that could be caused and/or derived from the interruption, termination or dysfunction of the Web, and the rest of the causes established in the precedent paragraph;
- Whatsoever damages and prejudices of any kind that could be made and/or derived of the incorrect, inappropriate or inadequate use of the Web, or of its contents (elements, programs, software) by the Players.
- Any event related to the Videogame, its images, its content, the expectations of the Player in relation of the same, further than the functionalities of the Web and the Videogame in concrete, among all, due to that WiMi5 is not the owner of the Intellectual Property of the Videogames.
In this sense, the Player assumes, recognises and admits that, in whatever event and circumstance described in the precedent paragraphs, WiMi5 lacks of every and all liability before the Player or before any other third party, so that, consequently, the Player expressly waives to claim WiMi5 whatever direct or indirect damage and prejudice, emerging damage, loss profit, arisen or any other concepts derived or related with the occurred events and to demand WiMi5 in front of the Courts or in front of any other organisms by the referred concepts.
The Player must defend, compensate and maintain WiMi5, its directors and officers, employees, agents and any other personal related to it harmless, from any claim, liability, damages and prejudices, losses, costs or from any other concept, reasonable or not arisen form the Player as a consequence of any infringement of what stated in the present Terms of the Players.
14.- Full knowledge, interpretation and acceptance of the Terms
The Player assumes, accepts and expressly recognizes that it has full knowledge and understanding of the content of the present document and that, knowing and understanding it, expressly accepts it without any exclusion or limitation of liability.
The Player assumes that, unless amendment of the present Conditions of the Players and while those were in fore, these are the ones applying for all and each of the use of the Web, so that, with the subscribing of the same this moment, the Player is obliged by them, not being able to plead ignorance of its content or of the functioning of the Web, with respect of the future use of the same.
The Player is also subjected to the rest of the terms, conditions and complimentary and/or additional policies indicated in each moment in the present Terms of the Player, and that were published on the Web, or were communicated to the Player by any mean that attesting its reception.
The present Terms of the Players, have a full value, notwithstanding, the nullity of one of the clauses of the same will not imply the nullity of the rest that will be in force for the parties.
Unless otherwise express during this contract, the lists, details, specific examples are listed as exemplificative effects but these are not exhaustive lists. The specific examples are included in generic areas just as examples.
WiMi5 reserves the right, at its exclusive choice, and the Player accepts and assumes it so, to review and or amend the present Terms of the Players, total or partially, at any time and by legal and/or technical reasons or because of changes in the rendering of the Service, by its publication on the Web. Likewise, the Developers can make amendments in the Directions of the Videogame with the purpose, among others, of improving the satisfaction and the experience of the Player. To this respect, any of the amendments of the Terms of the Player and of the Directions of the Videogame will be at the disposal of the Player requiring its acceptance if required by Law.
16.- Applicable Law
The present Web, as well as the set of norms and terms that regulates it, are under the Spanish law.