The website located at https://destinyorfate.com (the “Website”) is administered and operated by BIG MMO Game Network Limited, with its registered office at Troizinos 4A, P.C. 3048, Limassol, Cyprus, company number HE 275770 (the “Publisher”).
1.1. This website is about the computer game “Destiny or Fate” (the “Game”) distributed by the Publisher and other third parties. The Website contains general description of the Game as well as news, articles, videos, screenshots and other materials.
1.3. If you are allowed to use the content of the Website without our consent and license under applicable intellectual property laws, you must accompany such use by a proper copyright notice that clearly and distinctly acknowledges: (i) the Publisher as the copyright owner, (ii) all modifications of the source content, and (iii) that your use of the source content is not connected with, sponsored, endorsed, or approved by the Publisher.
2.1. The Publisher does not confer you with any license or rights to the Game, Website, and elements thereof. You may access and visit the Website for personal non-commercial purposes only.
2.2. The Publisher may provide an opportunity to purchase the Game license through third party digital stores such as Steam. Any purchases made on such digital stores are subject to separate terms and conditions established by the Publisher or respective distributors.
2.3. System requirements, languages, price, purchase methods and other information related to the Game are available on the digital stores’ websites. In case of discrepancies, description of the Game on the digital stores’ websites shall prevail.
2.4. You must not use the Website and Game in any way or form not expressly permitted. In particular, you may not copy, modify, reverse engineer, create derivative works of, or distribute the Website and Game or any parts and/or elements thereof. You may not reverse engineer the Game, extract the game, extract an account, or extract other data from the Website and Game or attempt to do so.
2.5. The Publisher and its licensors own and reserve exclusive and other intellectual property rights subsisting in the Website and Game.
3.1. You may send, upload, communicate to the public, or otherwise publish through the Website and communities in social networks administered by the Publisher information, data, musical works, literary works, photographs, graphics, video, sound recordings, performances, or other materials (“User Content”) to the extent permitted by the technical features of the Website, social networks and applicable law. You are solely responsible for all User Content uploaded, sent, or transmitted publicly and privately through the Website and social networks.
3.2. In the event that User Content is protected by copyright or other intellectual property laws, you grant the Publisher the non-exclusive, transferable, sublicensable, and irrevocable license free of charge to use all User Content anywhere worldwide for the full term of the protection of such User Content. the Publisher is entitled to copy, reproduce, distribute, publicly demonstrate and perform, import, rent, translate, arrange, adapt, create derivative works of, communicate to the public via wire-based or wireless means, make available for public access from a location and at a time individually chosen by the public, and otherwise use all User Content in any form by any means and for any purpose. You also permit the Publisher to use separate portions of User Content, integrate User Content into other works, arrange, and combine your User Content with the content of third parties.
3.3. The Publisher warrants your observation of moral rights to User Content as defined by applicable law subject to the following terms:
a) You permit the Publisher to use your User Content, with or without reference to your personal data and pseudonym, at the Licensor’s discretion;
b) You permit the Publisher to make first time publication of User Content;
c) You permit the Publisher to alter and modify User Content.
3.4. You undertake not to upload, communicate, transmit, or otherwise make available any User Content that violates applicable law, ethical, or moral principles, including but not limited to:
a) Content containing foul language, harmful, harassing, defamatory, libellous, obscene, provocative statements, and expressions;
b) Content containing illegal drugs or substances, tobacco, alcohol beverages, and consumption thereof;
c) Pornographic content;
d) Content featuring the justification, advocacy, or propaganda of extremism and terrorism;
e) Content inducing or promoting suicide or the infliction of harm;
f) Content containing information that is likely to incite violence or racial, gender-based, national, religious, confessional, or ethnic hatred;
g) Content violating another person or entity’s privacy;
h) Content containing elements that you are not authorised to make available to third parties or public;
i) Content infringing upon any intellectual property rights or other rights of third parties;
j) Content containing computer viruses or any other computer content designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
3.5. The Publisher does not examine, moderate, or control User Content available on the Website and social networks. Under no circumstances will the Publisher be responsible for User Content in any way.
3.6. Notwithstanding Clause 3.5 and without limitation of other Publisher’s rights, the Publisher reserves the right to delete and block User Content violating this EULA or prohibited by applicable law without any prior notice to you or creating backup copies thereof.
3.7. This Section shall not be construed as the Publisher’s consent or permission to prepare derivative works based on the Game and Website. Any portion of User Content which involves or contains intellectual property of the Publisher, remains the intellectual property of the Publisher. the Publisher reserves the right to prohibit the use of such derivative works and seek other remedies. In the case derivative works are created based on the Game and Website, including but not limited to video streaming and Game screenshots, you grant the Publisher license to use such works as envisaged in Clause 3.2.
3.8. This Section applies unless other agreements are concluded between you and the Licensor individually.
4.1. The Website and its content are provided on an “as is” and “as available” basis. Publisher hereby expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement, even in case of gross negligence. Publisher makes no representations or warranties regarding the Website and its content, including the Website’s accuracy, completeness, availability, or timeliness. Information provided on the Website is subject to change.
4.2. The Website may contain links to third parties’ websites. We disclaim any responsibility for the content of any third-party websites and make no representations or warranties regarding the accuracy, timeliness, correctness, or legality of information, functions, and services provided by third-party websites. We do not endorse any products or services offered on or via third-party websites. All content and functionality of linked third-party websites are the sole responsibility of the third parties in question.
5.4. Should you have any questions in regards to the terms and conditions contained herein, you may contact the Publisher via the contact form or e-mail firstname.lastname@example.org.
BIG MMO Game Network Limited
Troizinos 4A, P.C. 3048, Limassol, Cyprus
Registration No.: HE 275770
Date: July 05, 2019