Crafty Potions App Terms of Service Agreement
Crafty Potions, BV Terms of Service Agreement Version 1.0 Released 7th of July 2020.
PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY AND IN ITS ENTIRETY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT OR BY USING CRAFTY POTIONS BV (“CRAFTY POTIONS”) PRODUCTS AND/OR SERVICES (“PRODUCTS”), SUCH AS BUT NOT LIMITED TO WEBPAGES (“WEBPAGES”), APP (“APP”), YOU HEREBY AGREE TO THESE TERMS AND AGREE THAT THEY ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
Purchasing CRAFTY POTIONS related accounts or services from unauthorized third parties is strictly prohibited and associated accounts are subject to permanent termination. If your account is terminated for a breach of the CRAFTY POTIONS TERMS, you agree you are not entitled to a refund and agree not to seek one.
CRAFTY POTIONS may, at its sole discretion, modify or revise these TERMS OF SERVICE and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these TERMS OF SERVICE shall be deemed to confer any third-party rights or benefits.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY YOU MUST IMMEDIATELY CEASE USE OF CRAFTY POTIONS PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY, YOU ARE NOT ABLE TO ACCESS THE CRAFTY POTIONS PRODUCTS (OR ANY PART THEREOF).
I. SECTION ONE: Limited Use License
Subject to the TERMS OF SERVICE and continuing compliance with the CRAFTY POTIONS TERMS, CRAFTY POTIONS hereby grants to you a limited, personal, non-exclusive, nontransferable, non-assignable, and fully revocable license to (a) install the APP on one or more electronic devices owned by you or under your legitimate control, and (b) use the APP in conjunction with the online service and CRAFTY POTIONS provided websites and content for your non-commercial entertainment purposes only. You must accept the TERMS OF SERVICE to use the APP, access CRAFTY POTIONS provided content, and to use the APP. The license is revocable at our sole discretion.
You agree that you will not, under any circumstances:
· In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the APP MATERIAL; provided, however, that you may make copies of the APP and PRINTED MATERIAL for personal purposes only;
· Exploit the APP or any of its parts, including without limitation the APP, for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game virtual items or resources for sale outside the APP;
· Use any unauthorized third-party software that intercepts, “mines” or otherwise collects information from or through the APP or the WEBPAGES, including without limitation any software that reads areas of RAM used by the APP to store information about a character or the game environment; provided however, that CRAFTY POTIONS may, at its sole and absolute discretion, allow the use of certain third-party modifications;
· Modify or cause to be modified any files that are part of the APP in any way not expressly authorized by CRAFTY POTIONS;
· Intercept, emulate or redirect the communication protocols used by CRAFTY POTIONS in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
· Facilitate, create or maintain any unauthorized connection to the APP or the WEBPAGES including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the APP or WEBPAGES; and (b) any connection using programs or tools not expressly approved by CRAFTY POTIONS;
· Sell, grant a security interest in or transfer reproductions of the APP to other parties in any way not expressly authorized herein, or rent, lease or license the APP to others.
II. SECTION TWO: CRAFTY POTIONS Ownership
“CONTENT” as used herein includes (a) software, software updates or patches, or other utilities and tools from CRAFTY POTIONS or its licensors (“CRAFTY POTIONS SOFTWARE”) and (b) other software, technology, text and audiovisual material, the design and appearance of the WEBPAGES. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, player character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user accounts, and methods of operation, Content is provided by CRAFTY POTIONS and its licensors, and may also be contributed as USER CONTENT by you or third parties, including other users of CRAFTY POTIONS PRODUCTS.
CONTENT on CRAFTY POTIONS PRODUCTS are owned by CRAFTY POTIONS or CRAFTY POTIONS’S third-party licensors and is protected by the EU and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any CONTENT from CRAFTY POTIONS PRODUCTS unless the CRAFTY POTIONS TERMS expressly authorize you to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to CONTENT. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of CONTENT. CRAFTY POTIONS reserves all rights in CRAFTY POTIONS owned and licensed CONTENT that are not expressly granted to you in the TERMS OF SERVICE. You acknowledge that CRAFTY POTIONS and/or third-party content providers remain the owners of all materials posted on the WEBPAGES and in the APP and that you do not acquire any of those ownership rights by downloading copyrighted materials.
CRAFTY POTIONS reserves the right to use owned CONTENT, including but not limited to, player character names, likenesses, and character data, for any purposes, including but not limited to, promotional, advertising, and marketing material.
Making unauthorized copies of CONTENT found on CRAFTY POTIONS PRODUCTS may result in the termination of your Account(s), the prohibition of the use of CRAFTY POTIONS PRODUCTS, and further legal action. CONTENT owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless CRAFTY POTIONS from any unauthorized or illegal conduct by you, or through the use of your Account, on CRAFTY POTIONS PRODUCTS.
III. SECTION THREE: Patches and Updates
IMPORTANT: CRAFTY POTIONS MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE APP, OR RESET CERTAIN PARAMETERS TO BALANCE AND USAGE OF CRAFTY POTIONS PRODUCTS. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE APP AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. CRAFTY POTIONS RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
IV. SECTION FOUR: Duration of Online Services
This APP is an online app that must be used over the internet. You understand and agree that the APP is provided by CRAFTY POTIONS and at its discretion may be terminated or otherwise discontinued by CRAFTY POTIONS pursuant to the TERMS OF SERVICE.
V. SECTION FIVE: Consent to Monitor
You agree that you are responsible for the content of all communications associated with your account. In the event of unacceptable content within such communications, you understand that CRAFTY POTIONS may exercise its rights to remove said content and possibly initiate further action. Inappropriate language, inflammatory or combative behavior, personal attacks, threats of litigation, adult content, privacy violations, spam, and solicitations are some of the reasons that can be cause for content moderation or further action. You understand that the application of CRAFTY POTIONS’S right to take action against these communications is at the discretion of CRAFTY POTIONS management, employees, and moderators. In certain cases, permanent actions against the user's account may be instituted. Any such permanent actions are reviewed by CRAFTY POTIONS management.
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the APP, and any CRAFTY POTIONS Service or CRAFTY POTIONS SOFTWARE which may in the future be provided by us or on our behalf. You expressly permit CRAFTY POTIONS to improve and maintain the APP and/or provide you with customer service. In the event that the APP detects an unauthorized third party program, (a) the APP may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the TERMS OF SERVICE without prior notice to the user(s) linked to such unauthorized third party program.
VI. SECTION SIX: Disclaimers & Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE APP, THE WEBPAGES, OR ANY OTHER CRAFTY POTIONS PRODUCTS, CRAFTY POTIONS SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. CRAFTY POTIONS PRODUCTS, CRAFTY POTIONS SOFTWARE, CRAFTY POTIONS'S PRODUCTS, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. CRAFTY POTIONS PROVIDES CRAFTY POTIONS PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE CRAFTY POTIONS PRODUCTS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CRAFTY POTIONS WILL HAVE ADEQUATE CAPACITY FOR CRAFTY POTIONS PRODUCTS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CRAFTY POTIONS OR ITS LICENSORS IS TO STOP USING CRAFTY POTIONS PRODUCTS, AND TO CANCEL YOUR CRAFTY POTIONS ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT CRAFTY POTIONS, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY CRAFTY POTIONS PRODUCTS OR USE OF CRAFTY POTIONS SOFTWARE. IN NO CASE SHALL CRAFTY POTIONS OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "CRAFTY POTIONS AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CRAFTY POTIONS FOR CRAFTY POTIONS PRODUCTS. IN NO CASE SHALL CRAFTY POTIONS OR CRAFTY POTIONS AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF CRAFTY POTIONS PRODUCTS, CRAFTY POTIONS SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CRAFTY POTIONS PRODUCTS OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CRAFTY POTIONS'S AND CRAFTY POTIONS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. CRAFTY POTIONS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH CRAFTY POTIONS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon CRAFTY POTIONS’S request, you agree to defend, indemnify and hold harmless CRAFTY POTIONS and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these TERMS OF SERVICE, or any other CRAFTY POTIONS Terms, for which you are responsible or in connection with your distribution of any CONTENT on or through CRAFTY POTIONS PRODUCTS. Without limiting the generality of the foregoing, you agree to indemnify and hold CRAFTY POTIONS harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of CRAFTY POTIONS PRODUCTS and for all of your communication and activity on CRAFTY POTIONS PRODUCTS, including any User Content you contribute, and that you will indemnify and hold harmless CRAFTY POTIONS, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on CRAFTY POTIONS PRODUCTS, including any User Content that you contribute.
CRAFTY POTIONS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to CRAFTY POTIONS in that matter.
VII. SECTION SEVEN: Disputes & Binding Arbitration
You hereby acknowledge that electronical communication and back-ups can be used as proof.
The court of your residence shall handle the determination on any lawful dispute. You can find more information on the ODR-platform (http://ec.europa.eu/consumers/odr/)
VIII. SECTION EIGHT: Termination
This TERMS OF SERVICE (and all subsequent modifications, if any) shall remain effective until terminated. Both you and CRAFTY POTIONS may terminate this TERMS OF SERVICE at any time for any reason or for no reason. Termination by CRAFTY POTIONS will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the APP, which it may do at any time in its sole discretion. You may terminate this TERMS OF SERVICE (and, consequently, your Account, at any time by notifying CRAFTY POTIONS at contact(at)craftypotions.com. Upon termination of this Agreement, your right to use the CRAFTY POTIONS PRODUCTS shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections VI., VII., and VIII.
IX. SECTION NINE: General Terms
B. Severability. If any part of this TERMS OF SERVICE is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of CRAFTY POTIONS, and the remaining portions shall remain in full force and effect.
C. Waiver. The failure of CRAFTY POTIONS to exercise or enforce any right or provision of this TERMS OF SERVICE or any CRAFTY POTIONS Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by CRAFTY POTIONS.
D. Force Majeure. CRAFTY POTIONS shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CRAFTY POTIONS, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond CRAFTY POTIONS’S control such as acts of war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
X. SECTION TEN: Pricing
A) All prices are expressed in EURO, which includes VAT( BTW ) and all others obligated by the Consumer to carry taxes.
B) Other costs like delivery, reservation or administration costs will be noted separately.
C) Prices are exclusively for the article where it is mentioned. The included photos are only meant for decoration and could show elements that aren't included in the price.
X. SECTION TEN: Offering
A) Despite the fact that the APP online catalogue is handled with the greatest care, it is still possible that offered information might be incomplete, containing material mistakes, or not being up-to-date. Such mistakes in the offering doesn't bind CRAFTY POTIONS. CRAFTY POTIONS has only a voluntary commitment to providing the correct and complete information. CRAFTY POTIONS shall not be liable for any manifested material, printed mistakes.
B) When you have specific questions about for example. language of the game components, color, availability, do we request you to contact us ahead of time at contact(at)craftypotions.com or by phone number.
C) All miniatures in the tabletop games are not painted and some might require assembly.
D) The offering lasts up as long as the product is in stock and can at any time be revoked or updated by CRAFTY POTIONS. CRAFTY POTIONS can not be liable for the availability of specific products. In case of an offer having an expiration date, will this be explicitly noted on the offering.
XI. SECTION ELEVEN: Retour and trade
A) We want that you are completely satisfied with every purchase at CRAFTY POTIONS and we shall strive to give you the utmost quality service that you paid for. In order to provide this, can products be returned within 14 calendar days after the purchase was made. The requirement is that each product is returned in new and unused condition together with the original receipt. When all of this is in order, can the products be traded or refunded.
B) In case of a damaged product and within 14 calendar days after the purchase can a product also be traded or refunded.
XII. SECTION TWELVE: Warranty
A) All products contain a warranty against faults that are of consequence from fabrication- or material mistakes. This warranty lasts 12 months, calculated from the date of purchase. Faults that are caused by accidents, negligence or misuse, do not fall under the warranty.
B) If you received a product in a broken state, let us know ahead of time. You can contact us at contact(at)craftypotions.com. We will try to offer a solution and ask for you to return the product. After agreement of it's faults, shall we trade or refund the product at your leisure.
XIII. SECTION THIRTEEN: Sanctions for not paying
A) Unabated to exercise all other rights that CRAFTY POTIONS has, are you in case of not or late payment from the date of the malpractice, without reminder obligated to an interest of 10% per year due on the unpaid amount. Moreover are you without reminder obligated to a flat-rate compensation of 10% due on the involved amount, with a minimum of 25 EURO per invoice.
B) Unabated the previous, retains CRAFTY POTIONS the right to take back the un(-complete)paid products.