END USER LICENSE AGREEMENTS (“EULA”)

IMPORTANT! READ THE FOLLOWING TERMS OF THE LICENSE AGREEMENT
BEFORE CARRYING ON PROGRAMME INSTALLATION.

END USER LICENSE AGREEMENTS (“EULA”) is a legal agreement between the User (either an individual or a single entity - “LICENSEE”, “USER”) and VESCOM Sp. z o.o. S.K. company for the product (“GAME”) which may include related software elements, media devices, printed materials as well as “online” or electronic documentation (“GAME”). By using the Game, the Licensee agrees to comply with the provisions of this license Agreement. This EULA constitutes the entire agreement between the Licensee and VESCOM Sp. z o.o. S.K. (“LICENSOR”) for the Game and supersedes any prior arrangements and understandings between the Parties. Should the Licensee not agree with the terms of the hereof Agreement, they are not authorized to use the Game.

The Game is protected by copyrights and international agreements on copyrights as well as other intellectual property rights and international treaties. This Game is licensed, not sold on the market.

§1 TERMS AND CONDITIONS

  1. The hereof Agreement governs the use of the Game and services supplied by the Licensor with regard to the online Game. These conditions does not relate to any of the matters referring to the services provided by third parties, including the Internet access service.
  2. Playing the Game should occur by means of a personal computer connected with the Internet. If playing occur via other end user's device capable of establishing connection with the Internet, the scope of performance and/or the visual wuality might be limited.

§2 SUBJECT OF THE AGREEMENT AND SCOPE OF THE SERVICES

  1. Within the technical and physical possibilities, the Licensor enables the User to use the offered Game in the Internet. The Game shall be used for entertainment only. It is strictly prohibited to use the Game for commercial purposes.
  2. It might occur that the Licensor will provide the User with a service simulating means of payment (“Game Currency”). The User shall bear in mind the Game Currency is the Game property, and not real means of payment. All transactions or currency exchange into real means of payments are strictly prohibited. The Licensor explicitly distances itself from the exchange of the Game Currency into real means of payment.
  3. It shall be kept in mind the virtual goods available in the Game are not “subjects” or “property” under the law. It refers only to the characteristis of the given Game. Once the User “purchases” virtual goods, they do not become their “owner”. This way, the Licensor makes it possible to use the described characteristics of the Game, also when the used terms could indicate differently.
  4. Unless otherwise determined in the Agreement or its context, the term of “sales” in connection with transfer of virtual goods and Game Currency stands for “the transfer of license rights of using Game Currency, virtual goods, objects or other contents to the User in exchange for made payment, all in accordance with the terms and conditions of the hearby Agreement”. The analogous terms: “purchase”, “replenishment” or “top-up” stand for “granting the license to use the Game Currency, virtual goods, objects and other content in exchange for a payment made by the User. The license is based on the hereby Agreement.” The meanings of the terms “buyer”, “seller”, “purchase”, “sale” and others result from the above mentioned statements.
  5. The Licensor guarantees the User 75% (seventy five percent) availability of the Game per annum. Excluded from this percentage are time periods in which online game servers are not available on the Internet due to technical or other problems which are outside the control of the Licensor, such as force majeure, third-party fault, as well as periods in which routine maintenance work is carried out. The civil liability of the Licensor with regard to inaccessibility of the games and services by intent and gross negligence remains unaffected. The Licensor can restrict access to its Game and Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.
  6. The Licensor provides the User with the possibility to participate in the Game, as well as using the services, by making specific URL adresses in the Game accessible.

§3 REGISTRATION AND ACCOUNTS

  1. Using the software requires a prior User registration.
  2. In order to register one should apply for the creating of an account. An application form, which requires various information, should be therefore filled in. For the User to register properly, the fields of the application signed as “reguired” should be filled in. All data, both voluntary and obligatory, must be consistent with the truth.
  3. The Agreement between the Lincensor and the User referring to the participation in the Game shall come into effect once the Licensor accept the application for the account creation.
  4. The confirmation of receiving the application by the Licensor will be send to the User to the provided e-mail address.
  5. The User must not transfer their account to a third party.

§4 PLAYING THE GAME AND ITS MODIFICATION - PROHIBITION OF USING NON-AUTHORIZED SCRIPTS.

  1. After creating an Account, the User may use the respective Game by opening the portal hosm.eu, hosm.pl, hossmmo.pl, hossmmo.eu and hossmmo.com.
  2. The use of Games is only authorized via Internet browser. The use of programs which cause excessive server load are particularly strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros is also prohibited.
  3. The purpose of the Game is for the User’s, and possibly for a significant amount of other users, long entertainment. It is hence updated and modified regularly. The User is therefore granted the right to use the current version of the respective Game. It shall be noted the User may not lodge claims against the Licensor to maintain the game in the state present at the time of conclusion of the Agreement or to restore it to a given state. They are therefore aware the Game modifications may lead to changes in using the Game Currency in particular.
  4. The Licensor reserves the right to discontinue offering the Game at any time, without no further explanation. In such case, the User might demand the made payments to be transferred to other services provided by the Licensor or returned to the User. Any further claims are excluded.
  5. If the User is juvenile before using the game or services, at the request of the Licensor, they must provide a consent of their legal guardian in written form or by means of electronic mail.

§5 PREMIUM SERVICES

  1. Playing the Game if provided to the User free of charge.
  2. The User, however, has a possibility to acquire so called Premium services for a charge. More information on particular Premium services, prices, functions and conditions in particular, are available on the Game website.
  3. As the Game is being consistently developed, The Licensor reserves the right to make new Premium Services available or to cease the offer of the particular Premium Services at any time.

§6 PAYMENT TERMS AND DATES, REGISTRATION AND RETENTION

  1. The Licensor has the right to demand an adequate upfront payment for the ability to use Premium Services. The payments shall be paid the moment the Agreement is concluded. They will be drawn from the User’s bank account of credit card, unless another payment method has been chosen.
  2. At any moment the Licensor is entitled to a permanent or periodic change of prices, and to offer new products, services or payment methods.

§7 ARREARS, CHARGEBACK AND CANCELLATION FEE

  1. If the User has not fulfilled the payments for services, the Licensor is entitled to demand statutory interest. Moreover, in case of delay, the Licensor is entitled to suspend the services or to immediately block the User’s account.
  2. If, by fault of the User or due to an insufficient reload of their bank account made by the User, chargebacks and/or cancellation fees are imposed on the Licensor (e.g. by later cancellation of debit), the User is obliged to bear the incurred costs.
  3. The Licensor is entitled to demand from the User the increase of the above-mentioned costs along with the original payment through a direct debit of the User’s bank account.

§8 TECHNICAL SUPPORT

  1. The Licensor might provide the User with technical support with regard to the game by means of an online inquire form available on the Game website.

§9 COPYRIGHTS

  1. All titles, including copyrights, regarding the game are the property of the Licensor. All titles and intellectual property rights to the contenct which may be available by using the Game are the property of the owners of the content and may be protected under the copyrights or other intellectual property rights and international treaties. The Agreement does not grant the Licensee any right to the contents. All right unprovided by the Licensor are reserved by the Licensor.
  2. It is strictly prohibited to remove or change information about copyright on all materials related to the Game.

§10 AMENDMENTS TO THE AGREEMENT

  1. The Licensor may ocassionally change or modify the hereby Agreement. In such case the Licensor shall inform the User about all the introduced changes or modifications through a specific message.
  2. If within one month from publicising this message the User shall not object to the change of the License Agreement, the further using of the Game shall mean the User agrees with the new version of the License Agreement.

§11 WARRANTY AND LIMIATION OF LIABILITY

  1. The Licensor does not grant any warranties for the Game. The Game is provided as it is, wit no explicit or implicit warranties of any kind, including but not limited to, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.
  2. The Licensor shall not warrant nor be liable for for the accuracy, completeness and adequacy of information, texts, graphics, links or other elements included in the Game.
  3. The Licensors makes no warranty regarding damages caused by transmission of a computer virus, bug or other malicious or harmful computer programme, caused by third parties.
  4. In no event will the Licensor be liable for damages (including, but not limited to, loss of profits, business interruption, loss of information) resulting in using or inability to use the Game by Users, even if the Licensor has been advised about possibility of such damages.
  5. In no case shall the Licensor be liable for the loss of data or for direct, indirect, incidental, special or consequential damages (including lost profits), or any other losses arising in the Agreement, tort or otherwise.
  6. The Licensor shall not be liable for the content of the Game, among others: errors or faults included in the Game, slander, and violations of the right to the personal prtrayal, right to trademarks, loss of privacy, moral rights or disclosing confidential information.
  7. The Licensor shall not be liable for damages or loss of data caused by the installation of a software, which is not the Licensor’s property, on the computer of the User.
  8. The Licensor explicitly distances itself from all the content of websites, on which links to the Game are inserted directly or indirectly. The Licensor is not liable for the websites.

§12 DURATION OF THE AGREEMENT AND ITS TERMINATION

  1. The License Agreement between the User and the Licensor is concluded for an indefinite period, unless the Agreement states otherwise. In case of an Agreement regarding the use of the Game a limited term has not been determined, both Parties are entitled to legal right to terminate the Agreement with immediate effect. There is no necessity to provide reasons of termination in case of a common termination of the Agreement.
  2. The right of the Parties to terminate the Agreement due to an important reason remains intact by the above regulations.
  3. If the termination is due to the Licensor’s fault, the User shall be provided with the return of all made upfront payments for the period exceeding the validity of the Agreement. Any further claims are excluded.
  4. In particulat, but nor only, the Licensor is entitled to terminate the Agreement due to a serious reason when:
    1. The User is in arrears or has not fulfilled the payment even though s/he has been prompted to pay twice.
    2. The User committed an offense against the law, License Agreement, Game regulations, and despite receiving a warning, s/he did not cease such actions. In case of a serious offense a worning is not necessary, if the Licensor supect the User does not comply with the terms of the Agreement.
  5. The Licensor acknowledges a breach of the terms of the Agreement when:
    1. If the User violates provisions of the Civil Code.
    2. If the User violates the prohibition of using non-authorized scripts.
    3. If the User provides false data during the registration of payment for Premium Services.
  6. Each termination must be provided in writing. The writing form refers also the the electronic mail.
  7. The Licensor shall not be liable for damages or loss of data caused by the installation of a software, which is not the Licensor’s property, on the computer of the User.
  8. The Licensor explicitly distances itself from all the content of websites, on which links to the Game are inserted directly or indirectly. The Licensor is not liable for the websites.

§13 DATA PROTECTION

  1. The Licensor shall hereby also note that at the present stage of technology, protection and security of data during sharing it on the Internet cannot be guaranteed. The User should also consider the Internet service provider, at any time, has a technical ability to browse website published in web server as well as data gathered there by Users. Other Internet users may also, in certain circumstances, obtain an unauthorized possibility to technically tamper the web security and to control correspondence. The User shall be held fully responsible for safety and security of information transmitted by the User over the Internet and saved on web servers.
  2. The User’s personal data are saved and used only in order to realize and continue the agreements referring to the use of the Game and, possibly, may be transmitted to partners/intermediaries to the extent necessary, if required. In other cases, personal data are collected, processed and use only when the User has given his consent or if a legal provision allows aforementioned. The Licensor shall not transmitt the date to third parties without the explicit consent of the User, unless there is a statutory obligation to do so.
  3. The Licensor’s websites may use, among others, Google Analytics mechanism, which is Google Inc. (“Google”) website traffic analysis. Google Analytics use so called cookies, small text files that are stored on the User’s computer, enabling the analysis of the use of websites and platforms by Users. Information generated through the use of cookies, which concerns The Licensor’s websites use by Users (including their IP addresses) are transmitted to Google servers and there recorded. Google use this unformation in order to cunduct analysis of the Licensor’s websites use and to generate reports concerning activity on the Licensor’s platforms as well as the offer of other services related to the Licensor’s websites and platforms and the Interner use. As far as it is authorised by law, Google transmitted the information to third parties which, by Google’s order, shall process the data. In any event shall Google connect the User’s IP address with other Google’s data on the User. Users may prohibit the installation of cookies by adjusting the corresponding setting in their browser software. The Licensor, however, informs that in such case it is possible Users may not be able to fully use all functions of the Licensor’s websites.
  4. By using the Licensor’s websites or platforms, the User fully agrees to processing the collected data by Google in the aforementioned way and for given purposes.
  5. The Licensor reserves the right to transmit the User’s data which concern collecting a charge to external service providers, as far as it is necessary to determin fees and settlements with the User.
  6. The Licensor reserves the right to inform the User via electronic mail about other games and services without their explicit consent and within legal regulations, unless the User objects. The User might object to that at any time with no additional charge.
  7. The Licensee agrees to the transfer of the progress in the Game by the Licensor.

§14 FINAL PROVISIONS

  1. The inconsistency with law of any of the provisions included in the hereof Agreement shall not affect the validity of the remaining terms.
Service HOSS uses cookies to deliver services in accordance with Cookies policy. You can specify the conditions for storage or access cookies on your browser. Got it