Terms of  Use

Description of Services and Limited License to Use Services

The terms of this agreement (“Terms of Use“) govern the relationship between DIGITAL-ARROW DOO Novi Sad, 21150606, Železnička 20. (“DIGITAL-ARROW DOO Novi Sad ” or “us” or “we” or “our”) and each user (“you” or “user”). The Terms of Use govern your use of our online and mobile games (collectively “Games”), applications and services, including the online functions of multimedia products, the websites and mobile sites, servers, software and the framework through which these services are provided (all together collectively referred to as the “Services“). By using any element of our Services you accept these Terms of Use. If you do not agree to these Terms of Use, please do not use our Services.

We reserve the right to change, modify, add, or delete clauses in these Terms of Use at any time, with the amended Terms of Use becoming effective as soon as they are posted on our website. The “Last Updated” date at the bottom of these Terms of Use will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms of Use have been modified, you are agreeing to such modifications. Please always check the most current Terms of Use to ensure that you are aware of all the terms and conditions regulating your use of our Services.

We reserve the right to make changes to or update the content of our Services or the format thereof at any time and without any notice. We reserve the right to terminate or restrict access to our websites for any reason whatsoever at our sole discretion.

The Services are for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by the Terms of Use, you may not sell or exchange anything you copy or derive from the Services. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited right during the term of these Terms of Use to enter, use, perform, and display the Services and everyone on it. You agree not to interrupt or attempt to interrupt the operation of the Services in any way.

Our Privacy Policy represents an integral part of these Terms of Use and is integrated into them by reference. You confirm that you have consulted and accepted the terms of our Privacy Policy available on [Privacy Policy — Digital Arrow (digital-arrow.com)].

Use of Services, Online Purchasing and Rules of Conduct

Use of Services

The Services are intended for personal use only and you must in no case use them in any way for commercial purposes. You undertake not to sell, rent out or market any part of the Services. You also undertake not to arrange, modify, decompile, disassemble, subject to reverse engineering, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any element of the Services or Content except as expressly permitted by the Terms of Use. Re-posting or automated use or large-volume use of the Services or Content or transfer of any Services or Content to any other computer or mobile device are expressly prohibited except as expressly permitted by the Terms of Use.

You undertake to comply at all times during use of the Services (i) with all national and international laws and regulations in force and (ii) with these Terms of Use.

YOU GUARANTEE THAT YOU WILL NOT USE THE SERVICES (INCLUDING THROUGH THE CREATION AND USE OF ANY CONTENT GENERATED BY YOURSELF) FOR UNLAWFUL OR IMMORAL PURPOSES OR FOR PURPOSES CONTRARY TO THE USE OF THE SERVICES.

Use of the Services does not include supply by us of a computer or any other hardware, equipment or service necessary for their use. To use the Services, you must have your own means of telecommunication and Internet access.

Online Purchasing

When conducting online purchases via https://digital-arrow.com/ or any of our other platforms, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, we have the right to void the related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.

Rules of Conduct

You may be required to register an account (“Account”) in order to use the Services. Your use of the Services is governed, maintained and enforced by us through the “Rules of Conduct”. You are entirely responsible for knowing, understanding, and abiding by the Rules of Conduct. The Rules of Conduct are not exhaustive, and we reserve the right to determine which conduct is considered to be outside the spirit of the Services and to take disciplinary measures, including the termination and deletion of user accounts, prohibiting user from using the Services in whole or in part. Rules of Conduct govern all aspects of your interaction with the Services, including, without limitation, selecting an in-game name, posting messages, interacting with other users, and otherwise accessing the Services.

You acknowledge and agree that if we find, at our sole discretion, that you have violated the Rules of Conduct, you may no longer have access to the violating item/items and/or we reserve the right to take actions, which may include terminating your account and prohibiting you from using the Services in whole or in part.

You agree that you will not:

• Transmit or post any content or use language deemed to be offensive at our sole discretion, including, without limitation, content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, nor may you misspell or use an alternative spelling to circumvent or attempt to circumvent the content and language restrictions listed above;
• Post and/or make available to the public any other user’s personal information in the Services without that user’s express written consent other than as permitted by applicable laws, though users may communicate their own personal information;
• Violate the contractual, personal, intellectual property, or other rights of any party, or promote or constitute illegal activity;
• Improperly use our support services, including without limitation submission of false reports of abuse or misconduct by any party;
• Disable, interfere with, or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or Content;
• Participate in any activities and/or perform any actions that, in our sole opinion, lead to, result in, or may result in an authorized user of the Games being defrauded of Virtual Currency or Virtual Items (as defined below) that user has earned through authorized gameplay and/or purchased in the Games;
• Sell our Services or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or services of monetary value;
• Engage in cheating or any other fraudulent activity deemed by us to be in conflict with the spirit of the Services;
• Use or take part in the use of any unauthorized third-party software designed to modify or interfere with the Services and/or any of our Games;
• Share your password or any credentials you may use to access your Account with anyone;
• Purchase, sell, rent, or give away your Account, or otherwise make available your Account to any third party; create an Account using a false identity or information, or on behalf of someone other than yourself;
• Use your Account for commercial purposes, including but not limited to advertising, or solicitation, or transmission of any commercial advertisements (junk or spam emails, chain letters, etc.).

Intellectual Property Rights

Copyrights, trademarks, and all other intellectual property rights shown in the content within our Services (including, but not limited to, software, services, text, graphics, and logos) are owned by us and protected by international copyright and other intellectual property laws. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the site, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content may be reproduced in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without our prior written consent is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

We disclaim all proprietary interests in any intellectual property rights other than our own. References to third-party services and software are given by us “AS IS,” without warranty of any kind, either expressed or implied.

Rights to Content

“Content” refers to all software (including without limitation all games, titles, and computer code), communications (including without limitation all stories, dialogues, concepts, documentation, and character profile information), images, sounds, audio-visual effects, accounts, Virtual Currency and Virtual Items, and material produced by us (or for us or on our behalf) and/or received or made available while playing the Games or developed during the course of the Games. Content also includes all feedback, comments, or suggestions that we receive from you regarding the Games. Unless otherwise expressly stated in writing, you understand and agree that all Content is owned, controlled, and/or licensed by us. We reserve the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensating you. All Content is copyrighted under the copyright laws of the Republic of Serbia and/or similar laws of other jurisdictions, protecting it from unauthorized use. We reserve all rights, including, without limitation, all intellectual property rights and other proprietary rights to and relating to its Games. You are not permitted to copy, redistribute, publish, create any derivative work from, or otherwise exploit our Content or any part of our Content in violation of our and/or any other third party’s intellectual property rights. DIGITAL-ARROW DOO Novi Sad, our logos, Game titles, and all related characters and elements are our trademarks and may not be used without our prior written consent.

If you are deemed to have retained any right to, title of, or interest in our Content or any part of our Content, you agree to and hereby assign solely and exclusively to us all of your worldwide rights to, titles of, and interests in such Content or any part of such Content without consideration and in perpetuity under all applicable laws. If, for any reason, such assignment is ineffective under applicable law, you hereby grant us the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative work from, publish, distribute, sell, transfer, transmit, publicly display, use, record on a sound or picture carrier and practice such Content or any part of such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.

At our discretion, our representatives or technology may monitor certain Content in the Games, though we cannot and we make no undertaking to monitor all Content. We may edit, refuse to post, or remove any Content posted in the Games or in any Games-related sources that is deemed objectionable or violates these Terms or the spirit of these Terms at our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. You understand and agree that we are not responsible or liable for any Content generated by users of the Services or for any third-party content referenced within the Content. This implies that users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the Content they upload, communicate, transmit, and/or otherwise make available via our Services.

You acknowledge and agree that we may use built-in tracking features to obtain information regarding your use of the Services in order to improve the services we provide (in line with our Privacy Policy), and agree that such information is deemed to be Content for all intents and purposes under these Terms.

Use of Software

The software available for download on websites or in app stores, as well as available on social networks, and all its documentation are the copyrighted work belonging to us. Use of that software is governed by the terms of the end-user license agreement that accompanies or is included in it. You are not able to use, download, or install any software without first agreeing to the terms of the end-user license agreement that accompanies or is included in it.

You may not use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the software or other products, services, or processes accessible through our websites or Games except as expressly authorized herein or in the applicable end-user license agreement. You also acknowledge and agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code.

The software is supplied “AS IS.” We disclaim all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the software. You assume the entire risk of using the software.

You understand that our introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your device and other equipment.

We grant you a non-exclusive, non-transferable, revocable, and limited license to use our software. You may not use our software for any purpose other than that described in the license granted to you. Any illegal use of our software is solely your responsibility.

Warranties and Disclaimers

YOU EXPRESSLY ACKNOWLEDGE THAT DOWNLOADING AND USE OF THE SERVICES AND GAMES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

ALL INFORMATION, SOFTWARE, AND SERVICES ARE PROVIDED TO YOU ON “AS IS” BASIS. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICESWE ALSO MAKE NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.

WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON OUR WEBSITES.

IN NO CASE SHALL WE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF OUR INFORMATION) REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE PRESCRIBED BY THE MANDATORY PROVISIONS OF APPLICABLE LAWS.

Minors

You must be at least 14 years old to access and/or use our Services.

You must be at least 18 years old to register for, access and/or use our paid Services by yourself. If you are less than 14 years old, you can register for and access and use our paid Services only if your parent or other legal guardian purchases/subscribes to the Services and accepts these Terms of Use, EULA and Privacy Policy on your behalf. If you are aged between 14 and 18, you may use our paid Services only with the consent of your parent or other legal guardian, in which case you and your parent or guardian must review and accept these Terms of Use, EULA and Privacy Policy together. [please describe the manner in which the existence of the consent will be verified].

Other age limits regulating the ability of minors to enter into legal transactions and use the Services may be applicable in different jurisdictions, and therefore the age limits applicable in your country of residence apply to your use of the Services.

Parents and guardians are responsible for the acts of children under 18 years of age when using our Services. If you are a parent or guardian, we recommend that you monitor your children’s gaming activities, in particular online and that you familiarize yourself with the parental controls that may be made available by us and/or our partners.

We may restrict access to certain Services on age grounds, and for minors under a certain age, we may allow you to register for certain Services only with consent from your parent or guardian.

As far as is permitted by law, we accept no responsibility regarding any activities which may be conducted by minors without the consent of their parents or legal guardians, when such consent is legally required. In all cases, all use of the Services by minors is the responsibility of their parents or legal guardians. If you are a parent or legal guardian and you give your consent for your child to register for the Services, you thereby agree to these Terms of Use relating to use of the Services by your child.

Termination

We reserve the right to take actions, which may include terminating your Account and prohibiting you from using the Services in whole or in part (including but not limited to by deleting your account) at any time, if we reasonably believe that you have violated or breached any of these terms. In the event that we suspend or terminate your Account, you will have no further access to your Account and/or any Content associated with it. As stated above, we and third-party e-commerce payment providers will not issue any refund to you for Virtual Currency or Virtual Items acquired, developed during, or purchased in the Games.

Miscellaneous 

Applicable Law

To the extent permitted by applicable law, this EULA and all disputes relating to it shall be governed by and construed in accordance with the laws of Republic of Serbia, without giving effect to conflict of law principles, and any such dispute shall be finally resolved by the courts of Belgrade, Republic of Serbia.

Severability

You agree that if any part of these terms is or becomes, in whole or in part, invalid or unenforceable under any applicable local laws or court, it is to be deemed severed from these terms to the extent of its invalidity or unenforceability, and the rest of the terms shall remain in full force and effect.

Supplemental Policies

Additional policies related to specific services (including but not limited to forums, contests, or loyalty programs) can be issued by us at our discretion. Your right to use such services is subject to the pertinent policies and these Terms of Use.

YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. TO THE EXTENT YOUR PARENT’S OR OTHER LEGAL GUARDIAN’S PERMISSION IS NECESSARY FOR YOUR, PURCHASE, SUBSCRIPTION OR USE OF THE SERVICES, YOU HEREBY CONFIRM THAT YOU HAVE OBTAINED SUCH PERMISSION.

If you have any questions or comments, please contact us at gordana.buhac@digital-arrow.com .

These Terms of Use were last updated on [06.04.2021.]