GENERAL TERMS & CONDITIONS FOR EVN Entertainment Ltd.
1. SCOPE OF APPLICATION
EVN Entertainment Ltd. (hereinafter referred to as EVN Entertainment Ltd.) operates an online gaming portal at https://friendsrace.net/. A range of online games as well as other services are offered on the website. These services include, for example, the possibility of creating a profile page, participating in blogs and forums, uploading media such as photographs, texts and games and purchasing virtual items or other services. The players of EVN Entertainment Ltd.'s games and services and the users of the online gaming portal are hereinafter referred to as "Users". In the following general terms and conditions (hereinafter referred to as Terms & Conditions), references made to "Games" or "Services" will pertain to the games and/or services offered by EVN Entertainment Ltd.
EVN Entertainment Ltd. offers to the users Games and Services, which are based exclusively on the present Terms & Conditions. User Terms & Conditions are not considered part of the general contract unless EVN Entertainment Ltd. approves these in writing.
The following Terms & Conditions apply to the use of the EVN Entertainment Ltd.com gaming portal as well as the online games and services of EVN Entertainment Ltd. The Games and Services can be accessed primarily through a personal computer connected to the Internet by telephone, ISDN, broadband or equivalent connection. In addition, it is possible to use various other Internet-capable devices, whereby the scope of operation and/or display characteristics may be limited.
The present Terms & Conditions expressly exclude questions which might arise with regard to the establishment of Internet access, connection to websites and online games, and third-party software such as browsers or access software, as these Services are not provided by EVN Entertainment Ltd.
1.1.1 EVN Entertainment Ltd. offers its games and services exclusively to Users with respect to the Bulgaria Civil Code. The use of EVN Entertainment Ltd. games and services for pecuniary or any other commercial purposes is hereby prohibited.
1.1.2 Only those individuals who have reached the age of 18 at the time of registration are entitled to use the full scope of games and services provided by EVN Entertainment Ltd. Individuals under 18 are prohibited from using EVN Entertainment Ltd. games and services.
1.1.3 At the time of registration for EVN Entertainment Ltd. games and/or services, the User explicitly guarantees that (i) he/she is of legal age.
1.2 SUBJECT MATTER OF THE CONTRACT, USAGE OF AND CHANGES TO THE GAMES AND SERVICES
1.2.1 EVN Entertainment Ltd. offers its Users the possibility of using games and services which are offered by EVN Entertainment Ltd. on the Internet subject to existing technical and commercial capabilities.
1.2.2 Participation in the games is only for entertainment purposes.
1.2.3 EVN Entertainment Ltd., as part of its services, stores certain information at EVN Entertainment Ltd.com and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc. which can be viewed by other users of EVN Entertainment Ltd. games and services as well as by third parties.
Furthermore, the User can also communicate with third parties via the EVN Entertainment Ltd.com portal, upload and exchange photographs, videos, games, music and other media, publish blogs and comments, and rate games, other users, third parties or transactions.
1.2.4 The use of EVN Entertainment Ltd. games and services online is made possible through the provision of the necessary applications at the respective URLs by EVN Entertainment Ltd. also reserves the right to offer or sell its games on other digital media and which may have a range of features that differ from the online versions of said games. The sale of such games is not subject of these Terms & Conditions.
1.2.5 The use of EVN Entertainment Ltd. games and services is expressly limited to individuals who previously created a customer account (hereinafter referred to as Account) at the time of registration. An Account can be created at the EVN Entertainment Ltd.com portal or at the URL of the respective game(s). An Account which has been created at the EVN Entertainment Ltd.com portal enables the User access to any of the games subject to the conditions set forth in Sec. 1.1 above.
1.2.6 Registration, i.e. an application to open an Account, can be accomplished by filling out a form and providing the information requested therein. The use of EVN Entertainment Ltd. games and/or services will be permitted from the time an account is created for the user by EVN Entertainment Ltd.
1.2.7 A user is entitled to create multiple Accounts at the EVN Entertainment Ltd.com portal. Several games, however, prohibit the use of more than one Account by one and the same User ("prohibition of multi-accounts"). Detailed information is provided in the rules of the respective game(s). EVN Entertainment Ltd. strongly recommends that all Users with multiple Accounts carefully read the respective rules of the game(s), because the use of multi-accounts in certain games can lead to an immediate suspension of the User.
Even in games where the user is permitted to have more than one Account, such Accounts may not communicate with each other or interact in any way, shape or manner (Ban on "pushing"). In particular, an Account may not be used to create advantages for another Account from the same User, for example, to transfer items or game currency from one Account to another Account of the same User, or to allow one Account to fight against another Account of the same User.
1.2.8 Once an Account has been created, the User may use the respective game and/or service by accessing the EVN Entertainment Ltd.com game portal or entering the respective URL and logging in thereafter.
1.2.9 The games and services can only be accessed by means of a standard web browser or special tools which have been provided or expressly approved by EVN Entertainment Ltd. (Ban on of non-authorized scripts). In other words: The use of programs which cause excessive server load are strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros, etc. or to reproduce or evaluate games, game components or content provided on the EVN Entertainment Ltd.com platform is prohibited.
1.2.10 The User has no legal claim to open an Account or to publish information on the EVN Entertainment Ltd.com portal.
1.2.11 Current technical and other requirements for the Games and Services are available on the EVN Entertainment Ltd.com portal and/or the respective websites of the Games.
1.2.12 EVN Entertainment Ltd. Games and Services are continuously being updated, adapted, enhanced and modified. For this reason, the User is only granted the right to use the current version of the respective Games and Services.
1.2.13 Use of the basic version of the Games is free. Some features are only available to paying customers (see Sec. 7 below). Use of the Services is free unless otherwise stipulated in the description of the respective Services.
1.2.14 The User has no legal claim to demand the perpetuation of EVN Entertainment Ltd. Games and/or Services as they were at the time of concluding the contract. EVN Entertainment Ltd. reserves the right to cease operation of individual EVN Entertainment Ltd. Games and/or Services at any time without prior notice or justification. In this case, the User can choose to have EVN Entertainment Ltd. issue him/her a credit for use with other EVN Entertainment Ltd. Games or Services of his/her choice or request a refund for payments which he/she has made in advance for Services such as Premium benefits. The User's right to terminate the agreement with immediate effect due to Games and/or Services which are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.
2. OFFER AND CONCLUSION OF CONTRACT
2.1 By filling in the registration form for the Account, the User enters into a binding contract (hereinafter referred to as "User Application") to use the Games and Services of EVN Entertainment Ltd. For this purpose, all fields of the registration form marked as being "required" must be completely and correctly filled in.
2.2 The agreement between EVN Entertainment Ltd. and the User is considered valid only after EVN Entertainment Ltd. approves the User Application. Confirmation of the User Application can be explicitly communicated by EVN Entertainment Ltd. as a result of an action on the part of EVN Entertainment Ltd. which allows the User access to the Games and/or Services of EVN Entertainment Ltd.
2.3 EVN Entertainment Ltd. will promptly send a confirmation e-mail acknowledging receipt of the User application to the e-mail address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User application and the confirmation to access EVN Entertainment Ltd. Games and Services can, however, be sent together with the acknowledgment e-mail.
3. RIGHT OF WITHDRAWAL
The User can revoke his/her declaration of intent to enter into a contractual agreement for EVN Entertainment Ltd. Games and Services and to order Premium features from EVN Entertainment Ltd. without stating reasons within a period of two weeks in written form, either by letter, fax, or e-mail. This period shall begin at the earliest upon receipt of these instructions. The sending of the withdrawal within the revocation period satisfies the observance of the cancellation deadline. If the contractual agreement refers to Services offered by EVN Entertainment Ltd., the right of withdrawal shall expire if and when EVN Entertainment Ltd. has started delivering these Services to the User with his/her explicit consent before the end of the revocation period, or the User has requested that EVN Entertainment Ltd. start the Service(s). If the User has already begun using EVN Entertainment Ltd. Games, Services and/or Premium benefits, the User is considered to have waived his/her right of withdrawal.
Please address the cancellation to:
EVN Entertainment Ltd.
12 Koznitza str., Plovdiv, Bulgaria
If a cancellation is sent by e-mail, the name of the Game and/or Services and, if applicable, the Premium features plus the name of the User must be provided in the subject line of the e-mail.
In case of a valid withdrawal, Services or payments made by both parties must be returned and, if applicable, any associated utilization must be released. This means that payment(s) already made may not be completely reimbursed to the User if he/she used EVN Entertainment Ltd. Games and/or Services before exercising his/her right of withdrawal.
EVN Entertainment Ltd. guarantees that its Games and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which EVN Entertainment Ltd.com portal servers, individual Games and/or Services are not available on the Internet due to technical or other problems which are outside the control of EVN Entertainment Ltd., such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. EVN Entertainment Ltd. can restrict access to its Games 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.
5. ACCESS TO THESE TERMS & CONDITIONS, CHANGES AND FURTHER NOTIFICATIONS, CONTACT BY THE USER
5.1 The User accepts the presentTerms & Conditions as binding by submitting his/her User Application and using EVN Entertainment Ltd. Games and/or Services. These Terms & Conditions apply for each login to the EVN Entertainment Ltd.com portal, especially when any of the EVN Entertainment Ltd. Games and/or Services are used. The Terms & Conditions can be printed out or saved onto digital media before sending the User Application.
5.2 EVN Entertainment Ltd. reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.
5.3 The User will be notified in an appropriate manner in writing of the changes made to the Terms & Conditions. As a general rule, such announcements are usually published on the EVN Entertainment Ltd. websites where EVN Entertainment Ltd. Games and/or Services are offered, or by e-mail. Changes to the Terms & Conditions will always be provided to the User with a highlighted announcement at the next login.
5.4 The User can object to the changes made in the Terms & Conditions within 14 days upon publishing the notification and their receipt by the user. If the User does not object to the changes made in the Terms & Conditions after publication and receipt of the notification of these changes in writing within 14 days and submit his/her objection(s) to EVN Entertainment Ltd., or he/she continues to use EVN Entertainment Ltd. Games and/or Services, the Terms & Conditions which were changed or amended will be considered legally binding with respect to the User. If the User objects within the set time limit, both parties are entitled to terminate this agreement with a one-month notice unless both parties have the right to terminate without notice according to Sec 8.1 already exists. Until termination has been finalized, the original Terms & Conditions will remain in effect. Any payment made for Games and/or Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered invalid.
5.5 EVN Entertainment Ltd., in the course of informing the User about such changes, will especially inform the User about the possibility of objecting to the changes, cancellation of services, the set time limit and legal ramifications in the case of failing to submit an objection.
5.6 Unless otherwise stipulated in these Terms & Conditions or in other agreements with the User, EVN Entertainment Ltd. will generally communicate with the User by e-mail. The communication with the User by his e-mail can be used to notify him through newsletters about changes in the games, new things, promotions etc. The User will ensure that he/she can receive all e-mails sent by EVN Entertainment Ltd. to the address he/she submitted to EVN Entertainment Ltd. at the time of registration or subsequently. He/she is responsible for settings and maintenance of the spam filter and for regularly checking all incoming e-mail sent to this address. EVN Entertainment Ltd. reserves the right to correspond with Users using whichever form of communication they deem necessary.
5.7 Upon contacting EVN Entertainment Ltd., the User will indicate which Games and/or Services and which game and/or service account his/her correspondence pertains to.
6. INSTRUCTIONS AND RULES OF THE GAMES
6.1 Instructions and rules of the Games and/or Services will be published on the EVN Entertainment Ltd.com portal or on the websites of the respective Games and/or Services.
6.2 The User is consciously aware that he/she plays together with numerous other Users in online games, and that he/she communicates with different Users of Services over the EVN Entertainment Ltd.com portal. In order to ensure successful interaction between the Users in the Games, it is imperative that the rules are observed by all Users. By using EVN Entertainment Ltd. Games and/or Services, the User thereby acknowledges the rules and participation requirements as legally binding.
6.3 The User will also refrain from undertaking any other activity which could interfere with the normal operation of EVN Entertainment Ltd. Games and/or Services or disrupt the successful interaction between Users in the Games.
7. FEES, PAYMENT CONDITIONS, LATE PAYMENT
7.1 Basic Version
EVN Entertainment Ltd. provides Users access to the Games in principle as of the creation of a User Account (see Sec. 1.2 above). In this case, the User will initially only be provided with a basic version of the Game. The creation of an Account and the use of the basic version are free of charge. The basic version of the Game can be used indefinitely and without restrictions in Game function, without prejudice to EVN Entertainment Ltd.'s right to withdraw the Game. In the basic version, the User does not have full access to all Game features.
7.2 Premium features
The User has the option of receiving features which are not available in the basic version (hereinafter referred to as "Premium Features") in return for payment. The Premium Features offered may vary from one Game to another. Information pertaining to the prices of the Premium Features offered, the functions included with these Premium Features and their requirements for use can be obtained from the website of each respective Game.
Depending on the Premium Feature and price, a one-time payment may have to be made in order to credit an Account with features or items which may be used for certain purposes subject to the respective rules of a Game, or to make payments which are due periodically, such as on a daily, weekly, monthly, quarterly, semiannual or yearly basis.
EVN Entertainment Ltd. Games are continually being developed. EVN Entertainment Ltd. therefore reserves the right to offer new Premium Features at any time. In the course of adapting and developing the Games, EVN Entertainment Ltd. also reserves the right to discontinue individual Premium Features and/or to offer them in the basic version (see Sec. 7.1.1 above). If a User has already made advance payments for Premium Features and cannot use these Premium Features because they are no longer offered and/or are also offered in the free basic version, EVN Entertainment Ltd. will offer the User other Premium Features of their choice as a substitute and/or reimburse the sum they have already paid on a pro-rata basis. In this case, the User has the right to terminate the contract with immediate effect. Further claims by the User are considered invalid.
If the User is not of legal age, he/she explicitly guarantees upon ordering such Premium Features that the necessary funds to pay for these Premium Features have either been given to him/her for this particular purpose or for him/her to use at his/her own personal discretion.
If there is a possibility of downloading software to a mobile phone allowing access to individual games, the rules for Premium Features will also apply for payment of these accrued costs.
7.3 NO SET-OFF; NO RIGHT OF RETENTION; NO CESSION
The User may only set off a claim by EVN Entertainment Ltd. for outstanding accounts if his/her counterclaims cannot be disputed or have been declared legally binding. The User can only withhold payment if his/her counterclaim is related to the same Terms & Conditions. The right of the User to assign his/her claims to a third party is invalid.
8. TERM, TERMINATION
8.1 INDEFINITE PERIOD OF TIME
time unless a limited period of time has been expressly specified in the Terms & Conditions. If a limited period of time has not been specified, each party has the right to terminate the contract at any time with immediate effect according to the respective termination procedure.
8.2 LIMITED PERIOD OF TIME
In the event that the Terms & Conditions for using the Games, Services and/or Premium Features have been accepted for a limited period of time (see Sec. 7.1.2 and Sec. 7.1.3), the following regulations shall apply. The contract for using the Games, Services and/or Premium Features will be automatically renewed for the same period of time as the original contract unless the subscription or contract for the use of Games, Services and/or Premium Features has been terminated by the user at least 14 days prior to the end of the term.
8.3 DECLARATION OF REASONS; TERMINATION FOR IMPORTANT REASON
The right to terminate the contractual agreement can be exercised by either party without stating reasons.
The parties may also terminate the contractual agreement for using the Games, Services and/or Premium Features for important reasons at any time without prejudice to the above regulations.
In the event that EVN Entertainment Ltd. is responsible for a premature termination of the contractual agreement for using the Games, Services and/or Premium Features for important reasons, the User will receive a pro-rata refund for any payments made by him/her (especially for Premium Features) which apply to the period after the termination becomes effective. All other claims of the User are considered invalid unless otherwise specified in the present Terms & Conditions.
EVN Entertainment Ltd. has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:
The User is late in paying fees of at least EUR 5.00 and has not paid despite having received two reminders;
The User knowingly violates any law or the rules of the Games and/or Services, and does not discontinue his/her actions despite having received a warning. A warning is not required in case of a severe offense where it would be unreasonable to expect EVN Entertainment Ltd. to remain bound by the contract;
The User has not used his/her Account for a period of four weeks despite having received a reminder;
Cases in which it would be unreasonable to expect EVN Entertainment Ltd. to remain bound by the contract generally include the following:
The User violates criminal law;
The User violates the prohibition of multi-accounts which may be stipulated in the respective Game's rules (see Sec. 1.2 above);
The User violates the prohibition of pushing (see Sec. 1.2 above);
The User violates the prohibition of non-authorised scripts (see Sec. 1.2 above);
The User deliberately provides false information upon registration (See Sec. 2, User application form) or while completing payment of Premium Features (see Sec. 7.1).
In the event that EVN Entertainment Ltd. correctly terminates the contractual agreement for important reasons, EVN Entertainment Ltd. is entitled to charge the amount of 75% percent of all fees which the User would have had to pay for the rest of the term had the User himself/herself terminated the contract within the set time limit as governed by the contractual agreement. The User's right to prove that no damage occurred or that a substantially lower level of damage was caused due to the termination remains unaffected.
8.4 WRITTEN FORM FOR TERMINATION
If there is no option for terminating the contract in the respective Games, the termination must be submitted in written form, whereas e-mail is considered to be in compliance with the requirement of written form. A termination for important reasons can only be declared in written form and must include the reason(s) for the cancellation.
9. RESPONSIBILITIES AND OTHER OBLIGATIONS OF THE USER; LIABILITY FOR INFORMATION UPLOADED BY THE USER; COPYRIGHT
The primary responsibility of the User is to pay the accrued fees, unless he/she uses the basic version of the Games and/or Services (see Sec. 7.1.1 above). Another principal responsibility of the user is correctly and completely to submit all information requested by EVN Entertainment Ltd. upon entering into the contractual agreement or during the course of the contractual relation with the User. Therefore, the User declares that all information relating to his/her person or other facts relevant to the contract (especially bank or credit card details) and which he/she provides on the User application or during the course of the contractual agreement are complete and correct to the best of his/her knowledge. The User obligates himself/herself to inform EVN Entertainment Ltd. about any changes to this information without delay. Upon request from EVN Entertainment Ltd., the User must confirm the information. The User is obliged to follow the game rules. In the case of repeated violation of the rules despite warnings to this effect, or in the case of a severe breach of the rules (see Sec. 8.3.1), EVN Entertainment Ltd. reserves the right to suspend all services immediately and without warning, and to terminate the contract.
9.2 INSTALLATION OF SOFTWARE
EVN Entertainment Ltd. is not liable for damages or loss of data on the User's computer which may be caused by the installation of software which does not originate from EVN Entertainment Ltd.
9.3 FURTHER OBLIGATIONS OF THE USER
9.3.1 EVN Entertainment Ltd. provides the available Games and Services online for use with a web browser. EVN Entertainment Ltd. neither provides nor installs any of the software required by the user on his/her local computer, especially but not limited to the operating system, web browser(s) or plug-ins such as Flash or Java, if applicable. EVN Entertainment Ltd. also does not provide any support services for such software installations. It is solely the User's responsibility to maintain the computer in a state which enables the use of EVN Entertainment Ltd.'s games. Therefore, EVN Entertainment Ltd. does not provide any kind of technical support for the installation of locally-required software.
9.3.2 The User obliges himself/herself to treat all data provided by EVN Entertainment Ltd. for the purpose of accessing the Games and Services (login, passwords etc.) in a strictly confidential manner. The User will inform EVN Entertainment Ltd. without delay if he/she learns or suspects that an unauthorized third party has gained possession of said access data. EVN Entertainment Ltd. advises the User to do this in written form, e.g. via e-mail. In the event that, through the negligence of the User, third parties misuse the access data to gain access to EVN Entertainment Ltd. Games and/or Services, the User will be held liable for any and all fees and charges which are generated. EVN Entertainment Ltd. is entitled to evaluate all entry into an account with the user's data as the entry of the user himself/herself into the account. For reasons of security, EVN Entertainment Ltd. advises that passwords should be changed on a regular basis. The user is solely responsible for the use of his/her account.
9.3.3 In the event that EVN Entertainment Ltd. has a justifiable reason to believe that an unauthorized third party is wrongly in possession of access data, EVN Entertainment Ltd. may, at its own discretion, change the account access data without prior notice or suspend the respective Account. EVN Entertainment Ltd. will promptly inform the rightful User and will, upon request, communicate the new access data to him or her without undue delay. The User has no right to demand that the original access data be restored.
9.3.4 EVN Entertainment Ltd. protects its systems against viruses. Even so, virus infections can never be completely ruled out. Also, it is possible that unauthorized third parties may send e-mails using the name of EVN Entertainment Ltd. without EVN Entertainment Ltd.'s consent, and that such e-mails may contain viruses, spyware or links to web content which, in turn, may contain viruses or spyware. EVN Entertainment Ltd. has no influence over such occurrences. The User agrees to check all incoming mail sent or supposedly sent by or in the name of EVN Entertainment Ltd. for potential viruses. The same applies to mails from other Users of the Games or Services.
9.3.5 The User agrees to abide by the instructions of EVN Entertainment Ltd., its employees, assignees and vicarious agents, especially including but not limited to administrators and moderators of forums for a specific Game and/or Service.
9.3.6 The User agrees that he/she shall not, under any circumstances, use the Account, login name or password of another User.
9.4 USER'S OBLIGATIONS REGARDING INFORMATION FOR UPLOAD
9.4.1 The User shall exercise due care in the selection of the information which he/she makes available to other Users by uploading it to the EVN Entertainment Ltd.com portal.
9.4.2 The User shall not use the Service(s) to distribute content including but not limited to pictures, videos, links, names, words which contain political, religious, insulting, offensive, violent, sexist, pornographic or other objectionable matter, especially including racist, right extremist or left extremist content, persons or depictions. In addition, the User agrees not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, the User shall promptly remove any content challenged by EVN Entertainment Ltd. EVN Entertainment Ltd. is also entitled to remove such questionable content on its own. The User will always respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws and trademarks.
9.4.3 The User may not misuse the Service(s) for illegal or unauthorized purposes. It is strictly prohibited to use the account names or e-mail addresses of other Users without their express prior consent for the purpose of sending unsolicited e-mails, promotional messages or for any other commercial purposes.
9.4.4 EVN Entertainment Ltd. is entitled to delete any content submitted by the User in culpable violation of the above-mentioned rules and regulations.
9.4.5 EVN Entertainment Ltd. is especially entitled to delete any information in whole or in part which has been submitted by the User and which gives firm reasons to indicate a breach of these Terms and Conditions, the instructions and rules of the respective Service(s) or are otherwise in violation of applicable law. This, for example, includes but is not limited to:
information which is explicitly offensive, racist, fanatical, or glorifies violence;
information which is of a molesting, insulting, threatening, obscene, defaming nature or is libelous to other persons;
information which is sexist, pornographic or otherwise harmful to under-aged persons, or which contains links to websites unsuitable for under-aged persons;
information which is false or misleading and/or which is intended to promote illegal activities;
illegal or unauthorized copies or distributions of a work protected by copyright, such as by providing illegal computer programs or links to illegal computer programs, information on how to bypass copy protection measures, illegal copies of music, links to illegal copies of music or other copyright infringements;
the sending of junk mails, chain mails and/or unsolicited bulk mails, instant messages, spimming and spamming;
limited-access pages or pictures which are hidden or password protected;
promoting or endorsing criminal activities or providing instructions for committing criminal activities, including but not limited to information on the production or purchase of arms, child pornography, fraud, drug trafficking, gambling, stalking, spamming, spimming, distribution of computer viruses and other harmful files, copyright infringement, patent infringement and/or theft of trade secrets;
soliciting other Users to disclose personal information for commercial or illegal purposes, or inducing them to disclose login data;
promoting commercial or sales activities, such as contests, raffles, swapping offers, classified ads and/or pyramid schemes;
providing picture(s) of another person without that person's express consent.
9.4.6 The User is not entitled to demand that such deleted information be restored. Furthermore, EVN Entertainment Ltd. is also entitled to exclude the offending User from continued use of the respective Service(s) and, in case of repeated infringements of the aforementioned prohibitions despite written notice, to terminate the User's Account without prior warning. EVN Entertainment Ltd. reserves the right to make any further necessary and additional claims, particularly the entitlement to damages.
9.4.7 The User will inform EVN Entertainment Ltd. in case he/she becomes aware of an abuse of the Service(s) by other Users or third parties, such as making accessible or sending information which violates this Sect.
9.4.8 To ensure that effective measures can be taken, EVN Entertainment Ltd. requests that such information be provided in writing (e.g. e-mail).
9.5 USER'S LIABILITY REGARDING UPLOADED INFORMATION
9.5.1 The User is solely responsible for any texts, files, pictures, photographs, videos, sounds, music, copyrighted or other material, information etc. (hereinafter "Uploaded Information") which he/she uploads to the EVN Entertainment Ltd.com portal or shares with other users. EVN Entertainment Ltd. neither condones nor approves such information.
9.5.2 EVN Entertainment Ltd. does not have control over the Uploaded Information on the EVN Entertainment Ltd.com portal. EVN Entertainment Ltd. does not evaluate the Uploaded Information before it is made public. If EVN Entertainment Ltd. learns that specific Uploaded Information is illegal, it will be deleted promptly.
9.5.3 EVN Entertainment Ltd. disclaims any liability or warranty with respect to the Uploaded Information, especially regarding accuracy, completeness and reliability.
9.6.1 The User maintains all rights to the Uploaded Information. By submitting information to the EVN Entertainment Ltd.com portal, the Games or Service(s), the User grants EVN Entertainment Ltd. a non-exclusive, revocable license, free of charge, to publicly offer, display, reproduce and distribute such information.
9.6.2 The User does not grant EVN Entertainment Ltd. any further rights to the Uploaded Information. EVN Entertainment Ltd. is not authorized to use or distribute Uploaded Information outside of the EVN Entertainment Ltd.com portal, Games or Service(s).
9.6.3 By submitting information, the User acknowledges and accepts that Uploaded Information on the EVN Entertainment Ltd.com portal can be accessed globally through Internet. With the uploading of such information, the User agrees to these conditions.
9.6.4 The aforementioned license ends at that time when the Uploaded Content has been deleted from the EVN Entertainment Ltd.com portal and the Services by the User.
9.7 EVN Entertainment Ltd. PROPERTY
9.7.1.All title, ownership and intellectual property rights in and to the interactive games produced by EVN Entertainment Ltd. interactive product lines are EVN Entertainment Ltd. property. This may include any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation, all of which are owned or licensed by EVN Entertainment Ltd., and are protected by the copyright laws of Bulgaria, international treaties and conventions, and other applicable laws ("EVN Entertainment Ltd. Property").
9.7.2. Users grant to EVN Entertainment Ltd. a non-exclusive, worldwide, royalty free, perpetual license to exploit, commercially or otherwise, the drawing/illustration based upon EVN Entertainment Ltd. Property that users create in-game for its business purposes in all media, in whole or in part, distorted in character or form, including but not limited to, the right to use the Licensed Materials on its websites, as well as for its internal, trade, and advertising purposes. The user declares that any uploaded content does not constitute a violation of an intellectual property rights or an unfair or abusive competition.
10. CLAIMS BASED ON DEFECTS
10.1 EVN Entertainment Ltd. grants the User access to the Games and Services in their current version only (Sec. 1.2). The User has no right to demand the maintenance or restoring of a particular version or range of functions of the Games and/or Services. The User acknowledges and agrees that the Games and Services provided by EVN Entertainment Ltd., as with any other software, can never be completely free of errors. Therefore, the Games and Services can only be considered to be defective if their playability or usability is affected severely and over a sustained period of time.
The User shall document any faults in the Games and/or Services and/or other deliveries of EVN Entertainment Ltd., and to document them fully in writing along with a protocol of the error messages displayed. Before reporting a potential bug, the User shall consult the instructions for the Game and/or Service and any other troubleshooting tools provided by EVN Entertainment Ltd. (especially frequently asked question lists and boards for troubleshooting). The User will use best efforts to support EVN Entertainment Ltd. in any attempts to debug the Game or Service in question.
10.2 The User will notify EVN Entertainment Ltd. in written form of any faults and without delay upon their discovery. Obvious faults in goods – including virtual goods – must be reported to EVN Entertainment Ltd. in writing within two weeks upon receipt of these goods. To comply with this deadline, it is sufficient that the report is sent within the allotted time. If no notice has been given within this deadline, all claims based on such defects shall be without recourse. To prove that the deadline has been met, it is advised to submit such reports in writing (telefax, letter or e-mail) to EVN Entertainment Ltd.
10.3 EVN Entertainment Ltd. is not liable for defects caused by external influences, faulty handling by the User, force majeure or changes or manipulations which are not performed by EVN Entertainment Ltd.
10.4 EVN Entertainment Ltd. does not assume any guarantees or warranties.
11. LIMITATION OF LIABILITY
11.1 EVN Entertainment Ltd. is not in any way responsible for damages unless they are caused intentionally or by gross negligence. The aforementioned limitation of liability does not apply to the liability for personal injury to life, body, and health. It does not apply in the event that the damage is the result of a breach of a cardinal obligation, an essential obligation or a guarantee. EVN Entertainment Ltd. remains responsible for product liability according to Sec. 44 a TKG.
11.2 Liability for breach of a cardinal obligation or an essential obligation is limited to the damage which could have been foreseen.
11.3 The damage which can be foreseen is limited to EUR 200.00 per Account.
11.4 The aforementioned limitation of liability also applies to the personal liability of staff, employees, assistants and vicarious agents of EVN Entertainment Ltd., and especially contributors, representatives, organs, shareholders of EVN Entertainment Ltd. and their members.
11.5 EVN Entertainment Ltd. is only liability for consultancy as far as the content of its Games and Services are concerned.
11.6 EVN Entertainment Ltd. distances itself explicitly from the contents of any websites to which there are direct or indirect links from EVN Entertainment Ltd.'s sites. EVN Entertainment Ltd. does not assume any responsibility for these contents and/or websites. The providers of the respective sites are responsible for their content.
12. FINAL CLAUSES
13.1 Any and all changes, amendments or the termination of the contract, either partly or entirely, must be made in writing to be considered valid, including any provision to suspend or amend the requirement for using the written form.
13.2 The legal place of jurisdiction is Bulgaria, in the event that the user changes his/her legal domicile or habitual place of residence to a location outside the Bulgaria after the contract has been concluded. These conditions also apply if the legal domicile or habitual place of residence is unknown at the time a legal action is filed.
13.3 The law of Bulgaria exclusively applies to all contracts concluded by EVN Entertainment Ltd. based on these Terms & Conditions and to any further kind of claims arising thereof; to the exclusion of provisions pertaining to the UN Convention on contracts for the international sale of goods and to the exclusion of Bulgaria International Private Law.
13.4 If any provisions of these Terms & Conditions are invalid or become invalid, the validity of the other provisions shall not be affected.
December 22, 2019
EVN Entertainment Ltd.
12 Koznitza str., Plovdiv, Bulgaria