BTMK s.r.o. TERMS OF SERVICE AGREEMENT
Effective Date: [08/15/24]
Please also review BTMK s.r.o.’s Privacy Policy, which takes effect on the same date as these Terms of Service.
1. TERMS OF SERVICE FOR USE OF WEBSITES AND SERVICES OF BTMK s.r.o.
You should carefully read the following Terms of Service Agreement ("Agreement" or "Terms of Service") before using any website ("Site") and mobile games/applications and services (collectively, the "Services") of BTMK s.r.o. ("Company" or "BTMK s.r.o.").
2. TERMS AND BINDING EFFECT
This is a legally binding Agreement. By using the Site or any Services of BTMK s.r.o., you hereby agree to abide by these Terms of Service as they may be amended by the Company from time to time in its sole discretion and without any notification to you. The Company will post the updated Terms of Service on the Site whenever these Terms of Service have been changed or amended. It is your responsibility to review and follow these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. This Agreement constitutes the entire and only agreement between us and you relating to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site.
3. PRIVACY
To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we process, how we use it, and what choices you have when you use our Services.
4. AGE OF USERS
A person between the age of 13 and 18 requires the consent of their parents or legal guardians ("Parents") to use the Services of the Company. Parents can provide and verify their consent through the Site or through another authorized third-party provider made available through the Services. Where Parental consent is required, BTMK s.r.o. recommends that Parents monitor their child's online activity and use of the Services. A Parent who wishes to revoke their previously-provided consent to a child's access to and use of the Services should disconnect from our Services.
To the extent permitted under applicable law, BTMK s.r.o. rejects and declines any responsibility regarding any activities conducted by a person under 13 years old with or without the permission of a parent. If you are a parent and you give your consent or permission for your child to register for the Services, you thereby agree to the terms relating to the use of the Services by your child.
5. DESCRIPTION OF SITES AND SERVICES
The Company operates online mobile gaming services, websites, and mobile applications that accompany such gaming services.
6. YOUR OBLIGATIONS
By registering or using the Sites and Services in any way, you agree to the following:
- You agree not to access our Services in an unauthorized manner;
- You agree that your use of the Services is at your own risk and that you will not use the Services to violate any applicable law, regulation, or instructions as outlined in these Terms of Service, and you will not encourage or enable any other individual to do so;
- You agree not to harass or threaten other players;
- You agree not to use any harmful, threatening, abusive, defamatory, obscene, hateful, racially, or ethnically offensive language;
- You agree not to conduct any unlawful chats, messaging, and similar communication content while using the Services;
- If asked by a member of BTMK s.r.o. to stop or change a behavior or action, you will do so;
- You agree not to cheat, hack, or make any attack on the server in any way;
- You agree not to transmit or make available in the Services or Site any advertising, promotional materials, or any other forms of solicitation;
- You agree not to transmit any material that contains viruses, worms, traps, or malicious computer code;
- You agree not to disrupt the normal flow of the application and dialogue or otherwise act in a manner that negatively affects other people’s ability to use the Services;
- You agree not to collect, process, or store personal data about other people using the Services;
- You agree only to use your own credit card with the Services; and
- You agree not to use any BTMK s.r.o. trademark, service mark, or tradename or any variation or misspelling thereof.
7. PAYMENT OBLIGATIONS
Virtual Items
You may purchase with “real world” money a limited, non-transferable, non-sub-licensable, revocable virtual currency, including but not limited to virtual cash, in-game coins, and all other kinds of in-game monies, all for use in the games; (a) virtual in-game items (virtual currency and virtual in-game items referred to collectively as “Virtual Items”); and (b) other goods or services within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from authorized partners of BTMK s.r.o., not in any other way.
All rights, title, and interest in and to the Services (including without limitation any games, applications, titles, computer code, themes, objects, characters, names, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, and server software) are owned by or licensed to BTMK s.r.o., subject to copyright and other intellectual property rights under applicable laws and international conventions. BTMK s.r.o. has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items and may revoke your access to them at any time and for any reason with or without notice. BTMK s.r.o. shall have no liability to you or any third party in the event that BTMK s.r.o. exercises any such rights. You have no claim, right, title, proprietary, or ownership interest in any of the Virtual Items, regardless of any consideration paid for those virtual items.
Except when explicitly authorized by BTMK s.r.o.: (i) transfers of Virtual Items to other users are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) BTMK s.r.o. does not recognize any such purported transfers of Virtual Items or the purported sale, gift, or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your account. All Virtual Items are forfeited if your account is terminated or suspended for any reason or if BTMK s.r.o. discontinues providing the Services.
You agree that you will not assert or bring any claim against BTMK s.r.o., its affiliates, directors, officers, employees, agents, service providers, or licensors relating to: (i) a claim that you own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination, or expiration of these terms.
8. PROHIBITED USES
Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including without limitation:
- Accessing content or data not intended for you or logging onto a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- Interfering or attempting to interfere with service to any user, host, or network, including without limitation by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- Using the Site or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services;
- Forging any packet header or any part of the header information in any e-mail or in any posting using the Services;
- Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services.
9. COPYRIGHT INFRINGEMENT
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services user who is found to have infringed on the rights of Company or of a third party or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (c) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
BTMK s.r.o.
[Company Address]
[City, Postal Code, Country]
Email Address: info@rebel-games.io
10. ALLEGED VIOLATIONS
Company reserves the right to terminate your use of the Services, mobile application, and/or the Site. To ensure that Company provides a high-quality experience for you and for other users of the Site and the Services, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or the Services in accordance with the terms and provisions of the Privacy Policy of BTMK s.r.o. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately with or without notice to you and without liability to you if Company believes that you have violated any of the Terms of Service, furnished Company with false or misleading information, or interfered with the use of the Site or the Services by others.
11. NO WARRANTIES
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICES AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BTMK s.r.o. 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, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BTMK s.r.o. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, BTMK s.r.o. SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAID TO US FOR THE PURCHASES MADE OVER THE GAMES OF BTMK s.r.o.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF BTMK s.r.o.
You agree to indemnify, defend, and hold BTMK s.r.o. (and our officers, directors, agents, subsidiaries, joint ventures, and employees) 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 Services or any breach by you of these Terms of Service; however, the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
13. DISCLAIMER AND ACKNOWLEDGEMENT REGARDING GAME DATA
You hereby acknowledge that by using the Site or the Services, you do not acquire any property rights whatsoever in the Site, Services, Game Data (as defined below), or any status within the Site and Services. To play games created by the Company requires the creation and retention of electronic files, including without limitation player characters, accounts, in-game virtual currency, statistics, user profiles, etc. ("Game Data"), which are stored by Company. While keeping Game Data safe is a priority of Company, note that Company shall not have any liability for the loss of any Game Data for any reason whatsoever. Specifically regarding all BTMK s.r.o. virtual in-game currencies, YOU HEREBY ACKNOWLEDGE THAT BY PURCHASING OR OTHERWISE OBTAINING IN-GAME CURRENCIES, YOU DO NOT ACQUIRE ANY PROPERTY RIGHTS WHATSOEVER IN THE IN-GAME CURRENCIES. BTMK s.r.o. IN-GAME CURRENCIES ARE GAME DATA THAT ARE INTEGRAL TO BTMK s.r.o. PROVIDING ENTERTAINMENT SERVICES TO ITS USERS.
14. INDEMNIFICATION
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including but not limited to all attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement or infringement by any other user of your account of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand and will provide you with reasonable assistance at your expense in defending any such claim, loss, liability, damage, or cost.
15. FORUMS AND COMMUNICATIONS
"Forum" means a one-to-one chat area, message board, instant messaging, mobile messaging with other mobile game and mobile application users, or e-mail function (including but not limited to electronic greeting cards) offered as part of any Services. If you participate in any Forum within the Services, you agree to follow our terms set forth below.
You acknowledge that anything you submit under the Services by way of any Forum is routed through Company’s servers. Please keep in mind that whenever you give out personal information online, for example via message boards or chat, that information can be collected and used by people you don't know. We are not able to guarantee the security of any information you disclose online; you make such disclosures at your own risk.
You acknowledge that engaging in any form of illegal or abusive communication, either directly or indirectly, within the Forum or within any communication tools in the Services is strictly prohibited. This includes sharing links that lead to unlawful or abusive content. If any illegal content is shared and a complaint is lodged with the Company or if the Company detects such behavior, the relevant content will be promptly removed and the necessary reporting procedures to the appropriate authorities will be initiated. It is important to note that in this context, the Company reserves the right to (i) monitor the Forum and any communication tools in the Services; (ii) report any suspected illegal activities to law enforcement or relevant authorities; and (iii) ban or deactivate any user believed to be using the Services in violation of these terms.
You acknowledge that BTMK s.r.o. shall not be held responsible for any unlawful chats, messaging, and similar communication content in the Forum and any communication tools within the scope of the Services, and primary responsibility for the communications conducted on the Forum and any communication tools in the Services solely belongs to you.
If you become aware of any unlawful content during the use of the Forum or any communication tool in the Services, you can report this matter by opening a help ticket directly in-game via the help section or contact BTMK s.r.o. at info@rebel-games.io.
16. WEBSITE CODE
All website code and related files associated with the Site or Services belong to BTMK s.r.o.
17. TRADEMARK
Unlawful use of Company trademarks is strictly prohibited. Such trademarks shall include but are not limited to: “BTMK s.r.o.” and “tropic match”.
18. DISPUTES AND GOVERNING LAW
If a dispute arises between you and BTMK s.r.o., BTMK s.r.o. strongly encourages you to first contact BTMK s.r.o. directly to seek a resolution by opening a help ticket directly in-game via the help section or contact BTMK s.r.o. at info@rebel-games.io. You agree that all disputes between you and BTMK s.r.o. shall be governed by the laws of [Your Country], without regard to conflict of law provisions, and you agree to submit to the jurisdiction of the courts of [Your City].
19. SEVERABILITY
If for whatever reason a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
20. MODIFICATIONS
Company may, in its sole discretion and without prior notice: (a) revise these Terms of Service; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or Services at any time. Company shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions.
21. FORCE MAJEURE
BTMK s.r.o. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BTMK s.r.o., including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond BTMK s.r.o.’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor, or materials.
22. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
CONTACT US
Email:
info@rebel-games.io
info@rebel-games.io
Company:
BTMK s.r.o.
BTMK s.r.o.