Tos QC
Tos QC
including but not limited to iOS and Android. You must observe some rules and you are bound by these
conditions. That is why you should read these conditions carefully in order that you know what your rights and
obligations are. By playing the Game you are deemed to agree with these conditions.
The provider of the Game is GamoVation B.V. (“GamoVation”) in Zwolle, registered with the Chamber of
Commerce under number 51193612. Should you have any questions about these conditions then you can contact
us preferably by email via [email protected]. Our postal address is: Dokter van deenweg 162, 8025 BM in
Zwolle (the Netherlands).
1.2. Copying, distributing and any other use of these materials is not allowed without written consent of
GamoVation, barring and only to the extent that mandatory statutory provisions determine otherwise.
1.3. These materials are exclusively meant for use within the framework of the Game. They are offered without
any form of guarantee or claim to correctness. These materials are exclusively meant for information and
amusement purposes, and rights cannot be derived from these materials.
1.4. GamoVation is at any time authorised to adjust or delete the offer without having to provide any
corresponding notice.
1.5. It is not allowed to retrieve the whole Game or a substantial part thereof with the help of automated
processes or to undertake any action that can prejudice the proper operation of the Platform or the Game.
1.6. The Player is not allowed to remove, change, distribute and/or duplicate any indication with regard to
copyrights, trademarks, trade names or other intellectual or industrial property rights of GamoVation or its
licensors and/or suppliers without written consent of GamoVation.
1.7. All intellectual or industrial property rights with regard to the Game are exclusively vested in GamoVation or
its licensors and/or suppliers.
2.2. The Game is offered free of charge. As a consequence the Player cannot derive any statutory right
whatsoever from playing the Game.
2.3. After download, install and open of the Game the player has immediately access to the player account.
2.4. You must refrain from unauthorised use of the Platform and the Game, you promise to act as GamoVation
can expect of a diligent player. If you detect errors or inaccuracies in the Platform, the Game or the used software
then you shall make every effort to bring the same to the attention of GamoVation.
2.5. It is not allowed to share, sell or transfer an account to another person without prior consent of GamoVation.
Nor is it allowed to use the account of another person.
3.2. In case of a discrepancy between these conditions for use and the Rules of the Game these conditions for
use shall prevail.
3.3. In case of an observed breach of the Rules of the Game GamoVation shall be authorised but not held to
impose a sanction.
3.4. Sanctions can, depending on the seriousness and the frequency of the breaches, vary from a warning to
sequestration of Gems or other possessions earned in the Game to permanent exclusion from the Game and the
Platform. GamoVation can mention your (user) name on the Platform including the breach and the imposed
sanction.
3.5. It is not allowed to use tools like scripts, bots or plugins that can give you an unfair advantage compared to
other participants. It is equally not allowed to circumvent or disable any security of the Game or the Platform.
3.6. It is strictly prohibited to abuse errors or inaccuracies of the Game or the Platform. It is equally prohibited to
mention the same on public forums or to share the same without consent of GamoVation. For each and every
breach of this article you forfeit an immediately claimable penalty to GamoVation that is not subject to judicial
moderation of EUR 5,000.00 per event, without prejudice to possible compensation for damages incurred by
GamoVation or others as a result of the breach.
4.2. You personally determine (barring the provisions below) what Contributions you wish to post, where and
when. GamoVation is, however, not liable to pay you any compensation for the materials that you post on the
Platform. You hereby grant GamoVation a non-exclusive licence to post your Contributions on the Platform and
Game in any way whatsoever. This also includes the right to change and/or shorten Contributions. You hereby
waive any right to indication of your name when posted on the Platform.
4.4. Should GamoVation have a reasonable suspicion or come to realise that a Contribution is in breach of the
above or of the law then GamoVation shall unilaterally be entitled to remove the same or to block the access to
the same. Moreover GamoVation can impose a sanction on you. GamoVation does not need to enter into
discussions with you about this. In no instance whatsoever shall GamoVation be liable for damages that derive
from this kind of conduct.
4.5. You indemnify GamoVation against claims of third parties that are based on the standpoint that the
material supplied by you is, in any way whatsoever, in breach of the law.
4.6. In case of a serious suspicion of abuse of the Platform or the Game GamoVation shall be entitled to read
your private messages within the framework of investigation of said abuse. GamoVation shall keep information
that it finds in these private messages as much as possible confidential and shall not publish or use the same for
purposes other than measures against the abuse. GamoVation is, however, entitled to present the private
messages to investigative services or to use the same within the framework of legal proceedings in connection
with said abuse.
5.2. Promoting other websites via the means of communication without consent is qualified as spamming and can
be punished by blocking the access to the Game and cancellation of the account.
Article 6. Payments, Gems and possessions
6.1. You can purchase Gems that are used in the Game. GamoVation or the Platform offers several payment
systems for this purpose that are mentioned in the Game or Platform.
6.2. As after purchase Gems can immediately be used in the Game you are not entitled to dissolution of the
purchase pursuant to article 46d of Book 7 of the Dutch Civil Code.
6.3. In case of problems when ordering Gems the following email address can be used:
[email protected]. Always state the following information: time, explanation of the problem, the used
telephone number and the like.
6.4. All prices in the Game are subject to typographical and programming errors. GamoVation is entitled to
change the prices at any time.
6.5. GamoVation is entitled to reset some accounts. The obtained possessions, points or Gems expire in case of a
reset, without any entitlement to restitution of the amount paid for the same.
8.2. GamoVation is entitled to from time to time adjust the Platform, the Game and the relevant software in order
to improve the functionality and to repair errors. If an adjustment results in a considerable change in the
functionality then GamoVation shall try to inform you accordingly. As the Platform and the Game are used by
multiple participants it is not always possible to renounce a certain adjustment specifically for you. GamoVation is
not held to pay any compensation for damages caused by this kind of adjustment.
8.3. In case of force majeure, including in any case failures in the telecommunications structure, civil commotion,
mobilisation, war, traffic congestions, industrial action, lockout, business interruptions, stagnation in the supply,
fire, flooding, import and export restrictions and in case GamoVation is, regardless of the reason, unable to supply
on account of its own suppliers as a result of which compliance with this agreement can within reason not be
expected of GamoVation, the implementation of this agreement shall be suspended or this agreement shall be
terminated, all without any obligation to pay compensation.
8.4. GamoVation shall make every effort to answer questions adequately and within a reasonable period of time.
GamoVation can, however, not guarantee the correctness and/or the completeness of the answers.
Article 9. Liability
9.1. The liability of GamoVation for your direct damages, on any account whatsoever, is limited per event (where
a coherent series of events is qualified as one event) to the amount that the user paid for the Game, up to a
maximum of EUR 500 (excluding VAT).
9.2. Neither GamoVation nor its auxiliary persons are liable for any indirect damages incurred by you or others,
also including consequential damages, lost turnover and profit, loss of data and immaterial damages.
9.3. You indemnify GamoVation against any and all claims of third parties, on any account whatsoever, in
connection with compensation for damages, costs or interest related to this agreement.
9.4. The previous paragraphs of this article are not applicable if and to the extent that the relevant damages are
caused by intent or intentional recklessness of GamoVation.
9.5. Condition for the existence of any right to compensation is that you always report damages to GamoVation
in writing as soon as possible after the occurrence thereof.
10.2. After termination you can no longer use the Game. Your account is cancelled and all Gems and items that
belong to the account are removed. GamoVation can remove your Contributions but is not obliged to do so.
10.3. In case of termination the following obligations shall remain in full force and effect as long as GamoVation
can within reason claim the existence thereof: the licence pursuant to article 4 and the rules concerning liability
pursuant to article 9.
10.4. GamoVation is entitled to suspend its obligations in your respect in case of a suspected breach of the
agreement on your part, in any way whatsoever, without GamoVation being liable to pay compensation.
11.2. If you do not wish to accept a changed or supplemented condition then you must terminate the agreement
before or as soon as possible after the change or supplement takes or has taken effect. In that case you can no
longer use the Game. By using the Game after the entry into force you indicate that you agree with the changed
or supplemented condition(s).
11.3. Possible conditions or exceptions presented by you are not part of this agreement, unless stipulated in
writing between you and GamoVation.
11.4. GamoVation is entitled to transfer this agreement and all its rights and obligations on account thereof to a
third party who takes over the Platform and the Game from the same.
11.5. Information and communications on the Platform and/or the Game are subject to typographical and
programming errors. In case of any inconsistency between the Platform and the Game and this agreement, this
agreement shall prevail.
12.2. Dutch law is exclusively applicable to all commitments between the Player and GamoVation.
12.3. To the extent that the rules of mandatory law do not prescribe otherwise, all disputes that may occur as a
result of this agreement shall be brought to the cognisance of the competent Dutch court.
12.4. Should a provision of these conditions appear to be null and void then this shall not affect the validity of the
entire agreement. The parties shall in that case establish a new provision (new provisions) in replacement thereof
in the course of which the intention of the original condition(s) is observed as much as legally possible.
12.5. For the purpose of these conditions “in writing” is also understood as by email, provided the integrity of the
email has sufficiently been established.
12.6. In case of electronic communication with GamoVation it is noted that the version of the message received or
stored by GamoVation is qualified as the authentic version, unless you can demonstrate that this version is not
authentic.
12.7. GamoVation is at all times authorised to designate auxiliary persons to monitor compliance with the Rules of
the Game and to possibly impose sanctions. The provisions from the Rules of the Game in respect of
GamoVation are also applicable to these auxiliary persons, unless the scope of the provision indicates otherwise.
12.8. As the occasion arises you shall inform GamoVation of changes in your name, address or contact details
that can be relevant to GamoVation.