issued by trading company Retinmount, s.r.o.
ID No.: 071 83 402
with registered office at Kuršova 980/5, Bystrc, 635 00 Brno, Czech Republic,
registered with the Regional Court in Brno, Insert C, Section 106645
Definitions Of Terms And Interpretative Provisions
The following definitions shall have the following meanings for the purposes of these terms and conditions:
Any video game marketed under the common designation “TV Games” running on a wide range of televisions.
These terms and conditions.
Non-assignable, non-transferable, non-exclusive and territorially unlimited license to play the Game, which the Provider grants to the Customer free of charge on the basis of the Agreement and which lasts for the duration of the Agreement.
The Customer's device on which the Game is run and played (e.g. televisions).
An Agreement concluded between the Customer and the Provider under which the Provider grants the Customer a License and allows the Customer to play the Game and the Customer agrees to comply with the Agreement and the Terms.
Provider and Customer.
Property damage (actual damage or loss of profit) and non-pecuniary damage.
A natural person, who is consumer under the respective laws and who is concluding the Agreement with the Provider.
Unless otherwise stated in the Terms, words used in the Terms with a capital letter shall have the meanings set out above. The headings in the Terms are inserted for convenience only and do not affect the interpretation of the Terms. References to provisions and annexes in the Terms without reference to another document are to the provisions and annexes of these Terms. Unless the meaning and context indicate otherwise, words in the singular include their plural and vice versa. Words shall be interpreted without regard to their gender.
The Terms are always available on the Provider's website, or the Customer has the opportunity to read them before playing the Game.
The provisions of the Terms form an integral part of the Agreement. The Agreement and the Terms are in the English language.
Any arrangements deviating from the Terms must be expressly confirmed in writing by the Provider. Deviating provisions in the Agreement shall prevail over the provisions of the Terms.
By playing the Game or otherwise entering into the Agreement, the Customer unconditionally accepts the Terms.
Conclusion Of The Agreement
The Agreement is concluded electronically by the Customer confirming (namely by clicking on the relevant control element or button) on the Device before it is allowed to play the Game.
If the Customer fills in any of its details in the Game or on the Device, the Customer undertakes that all details provided to the Provider shall be true, accurate and up to date. If there is any change to the Customer's details, the Customer shall inform the Provider of such change without undue delay.
The Provider shall make the Game available to the Customer without undue delay after the conclusion of the Agreement. The Provider shall make available to the Customer the latest version of the Game available on the Device at the time of conclusion of the Agreement.
Rights And Obligations Of The Parties
The Provider shall ensure that updates necessary to keep the Games free from defects for the duration of the Agreement are provided to the Customer and that the Customer is notified of their availability. The Parties do not arrange for any further updates beyond the above.
All rights to the Games and any other use of the Provider's intellectual property rights, other than those expressly granted to the Customer, are reserved by the Provider.
The Customer is not entitled to grant sub-licenses or any other rights to the Game to the third parties.
The Customer is entitled to use or play the Games only based on the Agreement. The Customer is obliged to use the Games only to the agreed extent in accordance with the Agreement, these Terms, the Provider's instructions, requirements, and guidelines and the applicable generally binding legal regulations.
The Games, their content and the form depicting this content (in particular the graphic design and layout, etc.) and their respective parts belong to the Provider and are protected by intellectual property rights (in particular as copyright works, trademarks, industrial designs, etc.). The Customer is obliged to refrain from any action that may infringe or jeopardize the aforementioned intellectual property rights of the Provider.
The Customer agrees not to examine the Games in any way, not to convert them into source code, not to reverse engineer them or use them for purposes other than those for which they are intended by their nature.
The Customer shall not provide access to the Games to third parties who have not entered into the Agreement.
The Customer shall not use the Games in a manner that may cause harm to the Provider or third parties or otherwise damage the Games.
The Provider may issue updates to the Game at any time to change the Game, in particular for the purpose of speeding up, improving, extending, improving the user experience or enhancing the security of the Game. The Customer shall not incur additional costs by such change. Updates and changes to the Games shall be communicated by the Provider to the Customer in an understandable manner.
Rights From Defective Performance
The Customer may lodge a complaint about a defect that appears or occurs in the Game during the term of the Agreement. In particular, the Provider is liable to the Customer that the Game:
corresponds to the agreed description and scope, as well as quality, functionality, compatibility, interoperability and other agreed characteristics. Such feature, description or characteristic is in particular the description of the Game provided by the Provider or the platform from which the Game is downloaded;
it is fit for the purpose for which the Customer requests it and to which the provider has agreed. The Provider does not provide the Games for any purpose other than to play them; and
is provided with the agreed accessories and instructions for use, including installation instructions, and Customer support. The Parties have not agreed to any further instructions or directions other than those present in the Game itself.
The provider shall be responsible to the Customer that, in addition to the agreed features
the Game is fit for the purpose for which games of that kind is normally used (i.e. playing), including with respect to the rights of third parties, legislation, technical standards or industry codes of practice, where there are no technical standards;
the Game corresponds in scope, quality and other performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of games of the same kind that the Customer may reasonably expect, including in the light of public statements made by the Provider or by another person in the same contractual chain, in particular advertising or labelling. This does not apply if the Provider was not aware of such a statement or it was modified at the time of the conclusion of the Agreement in at least a comparable manner to the one in which it was made, or that it could not have influenced the decision to conclude the Agreement;
the Game is provided with the accessories and instructions for use which the Customer may reasonably expect; and
the Game corresponds to the trial version or preview made available by the Provider before the conclusion of the Agreement; The provider does not offer any trial version.
The Customer shall not be entitled to a price reduction or any other financial consideration due to a defect in the Game as the Games are provided free of charge.
If the Game has a defect, the Customer may demand its removal, unless it is impossible or unreasonably expensive to do so. The Parties agree and declare that it would be impossible or unreasonably costly to remove the defect, especially if it requires interference with the source code of the Game.
The Provider is not responsible for ensuring that the Device meets the requirements necessary to play the Game or that the Game is available on all devices. In order to verify whether the defect is due to the Customer's inadequate digital environment of Device, the Customer shall provide the provider with the necessary cooperation to the extent reasonably requested. The Customer's obligation to cooperate shall be limited to the least intrusive means technically available to the Customer.
Limitation Of Liability Of The Provider
The Provider provides the Customer with the Games "as is". The Provider makes no warranties of any kind (e.g. accuracy, completeness or functionality) in relation to the Games. The Provider does not guarantee the continuous availability of the Games. The Provider does not warrant that the Games will work seamlessly with other hardware, with Device or software or perform as intended.
The Provider's liability is governed solely by the provisions of the Terms. All rights not expressly granted herein are excluded regardless of their legal basis. The Customer hereby waives, to the maximum extent permitted by generally binding legal regulations, the rights arising from the Provider's defective performance under the Agreement, the Provider's rights of default and the rights to claim damages against the Provider in respect of any Damage which may arise in connection with the playing of the Games.
By entering into the Agreement, the Customer acknowledges that even if the Provider makes the agreed efforts, short-term unavailability of the Game may occur due to circumstances beyond the Provider's control (e.g. failure of Internet connection or electricity, natural disasters, attacks on the Provider's or third parties' technical equipment, breach of the Customer's security obligations, etc.). The Provider shall not be liable for the Damage, defective performance of the Agreement or delays arising in connection with such events.
The Provider may cease to provide the Games for any reason whatsoever. The Provider shall be entitled to make service stoppages.
The Provider is authorized to conduct business on the basis of a trade license. The Provider's activity is not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade licensing office of the Czech Republic (https://www.rzp.cz/
The Provider is not bound by any codes of conduct in relation to the Customer.
The Czech Trade Inspectorate (http://www.coi.cz/) controls compliance with consumer protection legislation. The Czech Trade Inspectorate is the subject of out-of-court settlement of consumer disputes arising from the Agreement or from these Terms. In the event that a consumer dispute arising from the Agreement arises between the Provider and the Customer, which cannot be resolved by mutual agreement, the Customer may submit a proposal for out-of-court settlement of such dispute to the designated subject of out-of-court settlement of consumer disputes, which is the Czech Trade Inspectorate, Central Inspectorate ADR Department, Štěpánská 44, 110 00 Prague 1, email: [email protected], website: https://www.coi.cz/informace-o-adr/. This applies at least to Customers who are consumers residing in the Czech Republic. Customers who are consumers based in another EU country can use the European Consumer Centres Network (ECC-Net). ECC-Net provides information on consumer rights in the European Common Market and provides free assistance and advice to consumers in their disputes with businesses from other EU countries, Norway and Iceland.
You can also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to lodge a complaint about the Treaty and to find an ADR entity.
If the Provider publishes Customer Reviews, the Provider shall inform in an appropriate manner whether (i) whether and how the Customer Review is verified or (ii) whether it is a paid Customer Review. If this information is not provided in an appropriate manner for a Customer Review, the Provider hereby informs the Customer that the Customer Review is not verified and that it is not a paid Customer Review. This clause does not apply to the posting of reviews or posts about the Games on third party platforms.
Provider's Right To Change The Terms
The Provider shall be entitled to unilaterally amend these Terms as well as all other annexes to the Agreement (hereinafter in this paragraph referred to as "Terms") to the extent appropriate. The Provider shall notify the Customer in writing of any changes to the Terms or the Customer shall be requested to confirm the change at the next launch of the Game. If the Customer fails to confirm the change, the Agreement shall terminate.
Duration And Termination Of The Agreement
Unless the Parties agree otherwise, the Agreement is concluded for an indefinite period of time.
The Agreement shall terminate by agreement of the Parties, by expiry of time if it was agreed for a specific period of time, by termination of the Agreement by any Party without notice (even without giving any reason) and/or by withdrawal from the Agreement for legal reasons.
Czech law applies to these Terms as well as to the legal relations established by the Agreement, excluding conflict of law’s provisions and the UN Convention on the International Sale of Goods. If the relationship between the Customer and the Provider is subject to conflicting generally binding rules of the European Union, the Customer is not denied the protection afforded by the provisions of the law which cannot be derogated from contractually and which, in the absence of a choice of law, would apply under the applicable law determined by such generally binding rule of the European Union.
The Customer assumes the risk of change of circumstances.
The invalidity or ineffectiveness of any provision of the Agreement or these Terms shall not affect the validity of the other provisions of the Agreement or Terms. The provisions of the Agreement and these Terms shall, in the event of doubt, be regarded as valid rather than invalid. If any provision of the Agreement or the Terms should be or become invalid or ineffective, the Parties undertake to replace it without delay with a new provision whose meaning is as close as possible to the meaning and economic purpose of the replaced provision.
The Provider may at any time assign the Agreement or all or any of its rights and obligations under the Agreement to a third party, to which the Customer agrees by entering into the Agreement.
All rights and claims of the Provider against the Customer arising from the Agreement, from its breach or from unjust enrichment of the Customer in case of invalidity, nullity or cancellation of the Agreement, shall be time-barred within 10 years from the date on which the right could have been exercised by the Provider for the first time.
Unless otherwise expressly provided for in the Terms or agreed in writing by the Parties, no obligation of the Parties under the Agreement shall be deemed to be a fixed obligation the failure of which would result in the termination of the Agreement.
The Terms shall cease to have effect on the date on which the new Terms becomes effective.
The Terms shall come into force and effect on the date set out below and shall supersede all previous terms and conditions of the Provider.