Licensing Terms and Conditions

Licensing Terms and Conditions - The Buyers

These general licensing terms and conditions (hereinafter referred to as “General Terms and Conditions” or “GTC“) govern the rights and obligations of both the Provider, which is the trading company Hunter Games, s.r.o., and the User in connection with the services provided by the Provider via their online store at www.hunter.games and the Hunter Games application.

I. Definition

  1. Application” in these Terms and Conditions is understood as the mobile, web or other digital application available on Google Play and the App Store entitled Hunter Games, which the User will use when using the software to play the games specified below, to gain an overview of their purchased content, to manage their user account, and to perform other related activities enabled by the Provider.
  2. Digital Content” refers to data that is created and delivered in digital format only and made available to the User for them to download it to their device via their user account, that is, data that expands the base version of the application to include a specific game.
  3. Gaming” in these Terms and Conditions is understood as an interactive geolocation experience game that can be played via the application presenting the digital content described above.
  4. Client” in these Terms and Conditions is understood as a person who enters into a contract with the Provider in the manner described below in accordance with Article I, Paragraph 7 of this GTC, or who has already concluded any such contract therein.
  5. Entrepreneur” is one who independently performs a gainful activity on their own account and under their own responsibility on the basis of a trade license or similar manner with the intention to do so consistently for the purpose of achieving profit. For purposes of consumer protection and for purposes of Section 1963 of the Civil Code, any person entering into a contract related to their own business, production or similar activity, or on the basis of independent exercise of their profession, or a person acting on behalf of or on the account of an Entrepreneur shall also be considered an Entrepreneur.
  6. Provider” in these Terms and Conditions is understood to be the trading company Hunter Games, s.r.o., Reg. No. 287 06 803, with its registered office at Pernerova 676/51, Karlín, 186 00 Prague 8, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 182629.
  7. “Contract” in these Terms and Conditions is understood as a contract for the provision of services and is comprised of the making of digital content available and the concluding a licensing agreement in accordance with this GTC by means of following the procedures outlined below between the Provider and the User as a Client.
  8. Contractual Parties” in these Terms and Conditions are understood as the Provider as one contractual party and the User as the other contractual party.
  9. Services,” for the purposes of these Terms and Conditions, are understood as both fee-based access to digital content in the online store and in the Provider’s mobile application via the User’s user account, namely for the User’s personal use, and as the granting of the right to use the digital content in question, namely in the manner and scope specified in these Terms and Conditions.
  10. Software” in these Terms and Conditions is understood as a computer programme or digital platform enabling the provision of services, in particular the operation of the application. For the purposes found in Article VIII of these Terms and Conditions, in particular, the term “software” refers to a computer programme (or a part of the computer program) that is bound by specific digital content downloaded to a User’s device on the basis of a concluded contract.
  11. Consumer” is any person who, outside of their own business activity or outside of their own independent exercise of their profession, enters into a contract with an Entrepreneur or otherwise deals with an Entrepreneur.
  12. Technical Requirements” in these Terms and Conditions are understood as the technical requirements for software and hardware equipment necessary for the User’s functional use of the application. The minimum technical requirements shall be established by the Provider on their website together with the technical protective measures relating to digital content.
  13. User” in these Terms and Conditions is understood as anyone who uses the Provider’s services as specified above. The User in terms of this GTC may be:

    • a person who is a Client but not a Player in the game;
    • a person who does not enter into a contract with the Provider in accordance with Article V of this GTC, but is a Player in the game who has been authorised to download the respective game from the entity that has entered into such a contract;
    • a person who is a Client and also a Player in the respective game.
  14. Website” in these Terms and Conditions is understood as the Provider’s website, www.hunter.games.

II. General Provisions

  1. The subject of these Terms and Conditions is the establishment of the rights and obligations of the contractual parties regarding the provision of services as further specified in this GTC and the use of services thereof by the User.
  2. All contractual relationships are concluded in accordance with the laws of the Czech Republic. Mutual relationships not regulated by the Terms and Conditions are governed by Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”), Act No. 634/1992 Coll., on Consumer Protection (hereinafter the “Consumer Protection Act”), Act No. 101/2000 Coll., on the Protection of Personal Data and Amendments to Certain Acts (hereinafter referred to as the “Privacy Policy”), Act No. 121/2000 Coll., the Copyright Act (hereinafter the “Copyright Act”), all in the version in force at the material time, as well as all related regulations. At the same time, these contractual relationships are subject to relevant European Union legislation.
  3. The User declares that they are at least 16 years of age at the date of conclusion of the contract under these Terms and Conditions and undertake to ensure that all persons enabled to play the game through the granting of a sub-license will also be at least 16 years of age at the time the sub-license is granted.
  4. The Provider reserves the right to change or amend the Terms and Conditions without prior notice. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. Legal relationships arising from the contract under Article I, Paragraph 6 of this GTC shall be governed by the Terms and Conditions effective at the time of conclusion of the relevant contract.
  5. By agreeing to this GTC upon conclusion of the contract, the User confirms that they have acquainted themselves with these terms and conditions, including the communication sent prior to the conclusion of the contract, and expressly agrees to them in the version valid and effective at the moment of sending the order. The User further confirms that they understood all provisions and have found no ambiguities.
  6. If the User also happens to use other services that are subject to their own Special Terms and Conditions, such Special Terms and Conditions shall prevail over these Terms and Conditions.
  7. The User undertakes to ensure that all persons who use these Services together with them as co-players or whom the User allows to play the game by granting a sub-licence pursuant to Article VIII, Paragraph 2 of the GTC meet the conditions for the use of these services as outlined in these Terms and Conditions, become acquainted with the wording of these Terms and Conditions, and comply with them.
  8. In the event that the User is only the Client and not the person playing the game, the provisions governing the rights and obligations set out in this GTC regarding gameplay do not apply to them in this given case. However, this does not affect the User’s obligation to ensure compliance with the obligations relating to gameplay on part of other users to whom the User provides a sub-license as pursuant to Article VIII, Paragraph 2 of the GTC. In the event that the Client has not established a user account, the provisions found in this GTC relating to the user account shall not apply to them in this given case.

III. Pre-Contract Communication

  1. In accordance with Article 1820, Paragraph 1 of the Civil Code, the Provider provides the Consumer with the following information before concluding a contract:

    • the Provider does not charge the User any additional costs for remote communication that differs from the base rate and no delivery costs are associated with the delivery of digital content,
    • the User pays for the service before it is made available, the service is provided after payment of the relevant price, i.e. after crediting the required amount to the Provider’s account. The Provider does not require payment of a deposit, and if so, the User will be notified of this before the conclusion of the contract,
    • in terms of both the website and application, indefinite contracts are not concluded nor are contracts whose subject involves the repeat performance of a contract.
  2. All other information that the Provider is obliged to provide to the Consumer in accordance with Article 1820, Paragraph 1 or Article 1811, Paragraph 2 of the Civil Code and that does not arise from this article of the GTC, are listed below in these Terms and Conditions, primarily in Article IX. and X. of this GTC, or result from a specific User order.
  3. When using the Provider’s services, personal data is given to the Provider by the Users (or natural persons), including names, surnames, and e-mail addresses, etc. Users (or natural persons) hereby grant the Provider consent to the processing of personal data, the exact wording of which is contained in Annex 1 of this GTC and forms an integral part thereof. A more detailed outline of the terms and principles for processing personal data is governed by the document entitled Principles for the Protection of Personal Data (or “Privacy Policy”).

IV. User Account

  1. If a User registers through the website or application, a user account (hereinafter referred to as “User Account”) is automatically set up for them and the establishment of this user account is necessary for gameplay. The user is obliged to provide correct and truthful information and to update said information should any changes occur. The User is obliged to fill in all mandatory registration data.
  2. The User undertakes to set up a user account and use the services only if they are able to validly accept these Terms and Conditions and be bound by them.
  3. The user account is secured by a username and password. The User is obliged to keep all access data to their user account confidential and to take other appropriate measures that shall make it difficult for third parties to obtain their access data. The User is also obliged not to allow other parties to use their user account. The Provider is not responsible for any breach of this obligation on the User’s part.
  4. The User is also obliged to respect and comply with the security measures set forth by the Provider for the use of services, in particular not to attempt to breach, disrupt or circumvent any such security measures, or to enter another User’s account or even attempt to do so.
  5. The User agrees that without the explicit written consent of the Provider, the User may not:

    • Use robots, web-crawlers, spiders, or other similar software,
    • Copy any part of the Provider’s website or application,
    • Use the Provider’s services for non-private purposes,
    • Disproportionately burden the Provider’s IT infrastructure and hardware
    • Abuse or exploit errors, undocumented features, design bugs, or issues,
    • Disrupt or attempt to interfere with the proper functioning of the Provider’s services,
    • Send, post, transmit or otherwise distribute or e-mail any content that is illegal, malicious, threatening, defamatory, harassing, in violation of good manners, invasive of privacy, hateful, harmful to minors, or racially, ethnically or otherwise objectionable towards another person or entity,
    • Impersonate another person or identity,
    • Send, post, transmit or otherwise distribute content that is unlawful under any jurisdiction or on the basis of a contractual relationship or proxy, or content for which the User did not obtain the required consent from third parties,
    • Send, post, transmit or otherwise distribute any content that infringes upon any patent, trademark, trade secret, copyright or other intellectual property rights, or the proprietary or personal rights of any person,
    • Send, post, transmit or otherwise distribute unauthorised advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of unauthorised harassment,
    • Reverse engineer, decompile, or attempt to extract the source code of the software associated with the service provider,
    • Collect, store and distribute personal information on the Provider’s other users.
  6. The Provider has the right to cancel the user account without any compensation due to a breach of obligations arising from these Terms and Conditions. If a user account is cancelled, the User will lose access to their user account.
  7. In addition, the Provider reserves the right to terminate or suspend user accounts that are inactive for a long period of time.
  8. A properly registered User has the right to post reviews on the Provider’s published services. The Provider is entitled to monitor these reviews for violations of legality and decent morals.
  9. If the User finds or suspects that someone has misused their user account or knows their password, then they are obliged to change their password immediately and, if necessary, contact the Provider.

V. Contract

  1. All service presentations found on the website and in the application are for informational purposes only and the Provider is not obliged to conclude a contract for these services. The provisions in Section 1732, Paragraph 2 of the Civil Code shall not apply.
  2. Service features, prices, and availability of services in relation to individual games as digital content are listed directly by their product description. If any information is missing or unclear, the User can send an inquiry by email at info@hunter.gamesInformation about a service that is not listed cannot be assumed.
  3. In the event of interest in entering into a contract with the Provider, the User must first select the specific game they want to be covered by the services in the “game directory” section of the website. The User will then select “place in basket” and click the “order” button, which will then send off the order of services relating to that particular game. Orders described in the previous sentence may also be placed via email sent to info@hunter.games. Before sending an order to the Provider, the User is allowed to check and change the data that they have entered into the order, including the chance to detect and correct any data entry errors before placing the order. When ordering goods, the User is obliged to state that all information they have entered is correct and truthful. As such, all information given by the Provider regarding the order is considered to be correct.
  4. Upon receipt of the order, the Provider shall immediately acknowledge receipt of the order by e-mail sent to the e-mail address that User has specified in the order. The contract between the Provider and the User will be stored in the Provider’s electronic archive.
  5. A contract with a User who is not an Entrepreneur is concluded by delivering a confirmation of receipt of the order to the User from the Provider.
  6. In the event that the User is an Entrepreneur and makes purchases on behalf of their business, the contract is not concluded by an acknowledgment of receipt of the order, but either by express confirmation of the order or by commencement of fulfilling the order.
  7. By entering into a contract under this Article, the GTC creates an obligation of the Provider to provide the services ordered by the User and to grant the User a relevant license pursuant to Article VIII of this GTC. The GTC also creates an obligation of the User to pay the agreed price to the Provider.
  8. The Provider reserves the right not to accept the User’s offer in the form of a submitted service order or part thereof, especially if the service ordered by the User is no longer provided. The Provider shall inform the User of this fact via an informative e-mail sent to the e-mail address that they provided for the order. In the event that the User has paid part or all of the price for the ordered service prior to the contract’s conclusion, this amount will be refunded by the same payment method used in the order if the order is not accepted by the Provider.
  9. The contract is concluded in Czech or English and is archived for a period of five years, or for the maximum period as stipulated by applicable law. In the event of any contradiction between the individual language versions of this GTC, the Czech language version of this GTC shall prevail.
  10. By concluding the contract, the Provider confirms that the services purchased will be provided in the agreed quantity and that they include the features that were agreed upon. If, when checking the delivered services, the User finds that the opposite is true, they may exercise their rights regarding defective performance (see Article X of these Terms and Conditions).
  11. The User agrees to the use of remote communication when concluding the contract. Costs incurred by the User when using remote means of communication in connection with entering into a contract (the costs of internet connection, telephone call costs) shall be covered solely by the User, whereby these costs shall not deviate from the basic rate.
  12. The finalised contract can be changed or canceled only upon agreement from both parties involved or on legal grounds.

VI. Provision of Services

  1. The provision of services in the sense of this GTC, which consists of making digital content available for a fixed period of time, is realised immediately upon remitting payment so that the User is made able to download the digital content representing a particular game into the application installed on their device and consequently begin using it for the fixed period of time as specified in Article VIII hereof.
  2. The Provider undertakes to provide its services free of defects, in a medium quality, and with the properties and features exchanged or customary, so that the services can be used according to the contract or purpose therein.
  3. The Provider may change, suspend or cancel any portion of the services offered at any time without limitations. The Provider may also limit certain features offered through its services without prior notice. The services offered to the User are delivered to the mobile application, which the Provider can automatically update to the User’s device as soon as the new version is available. The Provider is not obliged to provide maintenance support, mobile application installation, etc.
  4. Services are offered on an “as-is” and “as-available” basis. The Provider hereby does not give the User any guarantees regarding the availability, functionality, reliability and accuracy of the services or information and content available through these services. The Provider is not explicitly obliged to provide constant and continuous availability of services.
  5. The User acknowledges that any contract concluded under this GTC gives the User the right to play the game only once. A game downloaded to a device based on an individual contract cannot be re-initiated.
  6. The Provider is entitled to interrupt or limit the use and availability of the services at any given time, in particular when modifying, updating or maintaining the system.
  7. The Provider is entitled to change, add or remove features of the application at any given time.
  8. The User acknowledges that the Provider is not responsible for connecting users to the internet in any way, that the provision of internet access is not a part of the service, and that it is therefore up to the Users to secure such a connection at their own expense and to ensure that such equipment will be sufficient for the using all services that they have purchased.
  9. The Provider is not responsible for service outages caused by providers of public telecommunication services nor is the Provider responsible for the technical condition of the User’s mobile phone when using the Provider’s services.
  10. The Provider is not liable if the User is unable to download or use the Provider’s digital content or services as a result of the User failing to own the explicitly specified software or hardware required to use the services thereof.
  11. By agreeing to these Terms and Conditions, the User acknowledges that potentially dangerous situations may arise when using the Provider’s services, and that playing individual games may be associated with the User’s movement in potentially dangerous and hard-to-reach places. Additionally, the User acknowledges that when using the Provider’s services, personal injury or property damage may occur to either the User or third parties.
  12. Due to the fact that unpredictable risks may arise when using the Provider’s services, the User is always obliged to properly assess whether there are objective or subjective conditions in order to use the Provider’s services, such as weather, physical fitness and terrain. The user is obliged to take caution when using these services so as not to endanger themselves or others and to not cause damage to one’s health or property when using these services.
  13. The Provider assumes no liability for damage to property or personal injury caused by the User when using their services and the User agrees that they will bear all material, legal and financial liabilities for any such damages or non-material damage.
  14. Every User agrees not to infringe upon the rights of others when using these services or abuse any services.
  15. Every User may at any time terminate the use of services or any portion thereof. However, obligations arising from contracts already concluded are thereby not affected.

VII. Price for Services and Payment Terms

  1. All prices for the provision of individual services are contractual. Current and valid prices are always listed on the website and in the application. Prices remain in effect for as long as they are displayed. This clause does not restrict the ability of the Provider to enter into a Purchase Contract under individually negotiated terms.
  2. The User acknowledges that the prices listed on the website or in the application are set as the price per game for one team. Unless otherwise stated by the Provider, there is no limit on the number of co-players per team.
  3. The User further acknowledges that the Provider is a payer of Value Added Tax (hereinafter referred to as “VAT”). All listed prices include VAT.
  4. Prices are in Czech crowns, Euros, British Pounds or US dollars. The User may choose to make payments via PayPal or by credit card via “Online Payment” (transactions are completed in a safe and secure payment portal).
  5. In the event that the User requests the issuance of a tax document (invoice), he is obliged to contact the Provider via the Provider’s e-mail address below and to inform the Provider of this fact.
  6. According to the Act on the Registration of Sales, the Provider is obliged to issue a receipt to the User. The Provider is also obliged to register received revenue with their respective tax administrator online; and in the case of technical failure, within forty-eight hours.

VIII. Copyrights

  1. The User acknowledges that the digital content made available to the User on the basis of a contract under this GTC (or computer program – software) is a creation of work as defined by Section 2, Paragraph 2 of Act No. 121/2000 Coll., The Copyright Act, as amended, and as such enjoys the protection provided by this Act (hereinafter also referred to as the “Work”).
  2. The Provider grants the User a personal, non-transferable, and non-exclusive license to use the Work with the possibility to grant a sub-license to an unlimited number of co-players in the respective game with effect from the time the User is granted access to download the digital content under a relevant contract, and the authorisation to use the Work to the extent as specified below (hereinafter referred to as simply the “License“). The License is granted for the territory of the Czech Republic and is valid for a limited period of time.
  3. The User acknowledges that the License is granted to the User for the period of time from when the User is allowed to download the digital content until the User plays the game to completion, but no longer than:

    • 2 months, in the event that the contract under this GTC is concluded with the User in the period between 1 April and 31 October of the given calendar year, regardless of whether the License was used, or
    • 5 months, in the event that the contract under this GTC is concluded with the User in the period between 1 November and 31 March, regardless of whether the License was used.
  1. If more than one co-player plays the game, then, for purposes of the previous paragraph in this article, the game is considered to have been played to completion after the first co-player has finished the game.
  1. The User acknowledges that in the event that the License granted under this Article of the GTC is not used, even though the Provider’s obligations under the contract have been met, the User shall not be entitled to a replacement, a repeat performance of the contract, or a refund of the paid purchase price.
  2. The License under this GTC article is provided solely for the purpose of using the services for the User’s own personal use, that is to play the relevant game through the application and use other related features with the right to grant a sub-licence to an unlimited number of co-players for the respective game.
  3. Unless otherwise expressly agreed upon by both parties, the User is not entitled to disseminate the Work or any part of it nor are they entitled to share the Work to the public, copy it, modify it, link it with another Work or make it a part of a collection of works, distribute it, sell it, rent it out, or in any way provide it to third parties. The User is also not entitled to use the Work for purposes of their own direct or indirect economic gain, nor are they allowed to reverse engineer the source code (reverse analytics) or even attempt to extract said source code.
  4. The fee for providing a License under this article is included in the price for provision of services under Article VII of these Terms and Conditions.
  5. In the event that any other copyrighted work (or any part thereof) within the meaning of Section 2 of the Copyright Act other than a computer programme is part of the digital content supplied to the User under the basis of a contract concluded under the terms of this GTC, then the License is subject to the same scope and conditions for this Work.
  6. In the event that the Provider is not the author of a specific Work that is a part of the digital content provided to the User on the basis of a contract under this GTC, or a person authorised to exercise in his own name and on his account of the author’s property rights as defined by Section 58 of the Copyright Act, the Provider grants the User a sub-license instead of a license under this Article. However, the scope of the User’s entitlement from the relevant sub-license and the terms of how it is granted remain unchanged.
  7. The User acknowledges that the Provider is the owner of the trademark “Hunter Games” registered with the Industrial Property Office, Registration No. 359749, which enjoys the protections provided by Act No. 441/2003 Coll., on Trademarks and the Amendment to Act No. 6/2002 Coll., on Courts, Judges, Associates and the State Administration of Courts and amendments to several other acts (the Act on Courts and Judges), as amended (the Act on Registered Trademarks).
  8. Except for the non-transferable personal right to use the services in accordance with these Terms and Conditions, Users do not acquire any intellectual property rights to the Provider’s own intellectual property rights or to the intellectual property rights of others by using the services. In particular, Users are not authorised in any way to use the Provider’s trademarks, logos and graphics and/or the name “Hunter Games,” unless it involves promoting the Provider and the Provider has given prior written consent to such promotional use.
  9. Unless both parties expressly agree otherwise, Users are not authorised to create derivative works based on the application, software or website.
  10. The User further acknowledges that while using the Provider’s services, the User is obliged to respect and abide by applicable legal regulations, in particular the Copyright Act, and is obliged to eschew from any interference with copyright and intellectual property rights, in particular the Provider’s copyright, software and web copyright pages.
  11. The User acknowledges that they may be affected by the applicable law for violation of copyright or other rights protected by law.
  12. The Provider respects the intellectual property rights of others and requests that all Users of their services do the same. If anyone has reason to believe that their copyrighted work has been published on the website or in the Provider’s application in a manner that constitutes copyright infringement, they must notify the Provider in a report that includes the following information:

    • A description of the copyrighted work or other intellectual property that has been infringed upon and the manner of its infringement,
    • Address, phone number, and email address
    • A physically or electronically signed statement that the above information is true and that there is a reason to believe that the intended use of the material has not been authorised by the copyright owner, its agent, or the law.
    • Copyright notices must be sent either in writing by post to Hunter Games, s.r.o., Pernerova 676/51, Karlín, 186 00, Prague 8, Czech Republic or via e-mail to info@hunter.games.
    • In the event of a breach of any obligation by a User who is not a Consumer, or a breach of any prohibition under Article VIII of these Terms and Conditions, the Provider is entitled to request that the User who is not a Consumer pay a contractual penalty in the amount of 500,000 CZK for each individual infraction.

IX. Withdrawal from the Contract

  1. By approving these Terms and Conditions pursuant to Article 1823 and Articles 1837(a) and 1837(l) of the Civil Code, the User expressly agrees and requests that the service pursuant to Article 1823(a) and Article 1837(a) of the Civil Code be provided and that the digital content as defined by Article 1837(l) of the Civil Code be delivered by the Provider before the expiry of the User’s contract withdrawal period in accordance with the provisions found in Article 1820, Paragraph 1 of the Civil Code.
  2. The User acknowledges that

    • in connection with the conclusion of a contract by means of remote communication (on the internet and through the application), the Consumer is entitled to withdraw from the contract within 14 days from the day following the date the contract was concluded without citing any reasons in accordance with the provisions of Article 1829, Paragraph 1 of the Civil Code, unless otherwise stipulated;
    • pursuant to Article 1837(a) of the Civil Code, the Consumer is not entitled to withdraw from the contract if the service was provided with his prior express consent before the expiry of the withdrawal period;
    • pursuant to Article 1837(l) of the Civil Code, the consumer is not entitled to withdraw from the contract for the delivery of digital content if it was not delivered on a tangible medium and was delivered with the Consumer’s prior express consent before the expiry of the withdrawal period;
    • pursuant to Article 1834 of the Civil Code, if the Consumer withdraws from the contract, the subject of which is the provision of services and the Provider has commenced performance of the contract on the explicit request of the Consumer before the expiry of the withdrawal period, they shall pay the Provider a prorated amount of the agreed price for the performance provided until the moment from which the contract was withdrawn;
    • the delivery of digital content is expressly understood as the first download of the relevant digital content to the User’s device pursuant to this GTC, and not the moment the User starts or finishes the game;
    • in view of the above, and with respect to the subject of performance of the contract, the User may withdraw from the contract as defined in Article 1829 of the Civil Code only if the User has not yet been provided with access to the digital content via the “Play Game” section of their user account in the application. This does not affect the User’s right to complain about the purchased goods in the event they were sent non-functional digital content.
  3. For purposes of exercising the right to withdrawal, the consumer must inform the Provider of his withdrawal from the contract by unilateral legal action (for example, by letter sent via postal service to the Provider’s registered address as listed below, or via e-mail sent to info@hunter.games). In such cases, the Consumer must clearly state that they are withdrawing from the contract and cite their order number to the Provider.
  4. In order to comply with the withdrawal period, it is sufficient to send the contract withdrawal before the relevant deadline expires.
  5. In case of withdrawal from the contract pursuant to Article 1829, Paragraph 1 of the Civil Code, the contract is abolished from the outset. The Provider shall terminate the provision of services without undue delay or make the digital content inaccessible to the User. The Provider shall return the funds received from the User without undue delay, no later than fourteen days after the delivery of the withdrawal from the contract and in the same manner as the Provider accepted them from the User.
  6. Rights and obligations related to withdrawal from the contract by Users other than Consumers arise from the relevant provisions of the Civil Code.
  7. The Provider is entitled to withdraw from the contract in the event that the services become unavailable or in the event of a serious change that has made it impossible for the Provider to fulfil their obligations under the contract. The Provider is also entitled to withdraw from the contract for reasons of force majeure or for reasons where the Provider, after exercising their best efforts as can be legally requested of them, is unable to deliver the services to the User within the time or price agreed upon in the contract. The Provider is obliged to inform the User of this fact without undue delay and to return to the User all financial compensation that was hitherto realised under the contract.
  8. The Provider also reserves the right to withdraw from the contract or any part thereof in the event of an obvious verbal or numerical error in the price of services (i.e. the price is clearly different from the usual price for this type of service). For example, an erroneous listing of figures, an obviously low price for services, and other obvious typographical errors are considered to be clear verbal or numerical mistakes in the price of services. In this case, the Provider will immediately contact the User to agree upon further action.
  9. The Provider is also entitled to withdraw from the contract or a part thereof in cases where the law so provides.

X. Rights Regarding Defective Performance Complaints

  1. The provisions of this Article shall expressly apply only to the rights regarding defective performance in relation to a User who is a Consumer. Rights regarding defective performance in relation to non-consumer users are governed by the relevant provisions of the Civil Code.
  2. The rights and obligations of the Provider and the User who is the Consumer regarding defective performance are governed by the relevant generally binding legal regulations (with regard to the subject of performance of the contract, which is services consisting of digital content access, in particular Article 2615 to Article 2619 of the Civil Code and pursuant to Article 2615 of the Civil Code extending by analogy those statutory provisions of Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection, as amended).
  3. The Provider expressly declares that they do not assume the quality guarantee as defined in Section 1919 or Section 2619 of the Civil Code.
  4. Services are defective if they do not correspond to what is agreed upon in the contract. The Provider is responsible for providing the User with the provided services (or for handing over the Work as defined in Section 2617 of the Civil Code) without any defects. If the services contain a defect at the time of delivery, it establishes obligations of the Provider regarding defective performance. Pursuant to Section 2618 of the Civil Code, the court does not grant the User rights regarding defective performance if the User fails to notify the service provider of defects without undue delay after discovering them or, in having due diligence, they should have discovered said defects, but no later than two years after the services were provided, and if the Provider objects that the right was exercised late.
  5. Regarding the delivery of digital content, at the time the User has taken over the digital content, the Provider is responsible for the following:

    • the digital content contains the properties upon which the parties have agreed, and if an agreement is missing, the digital content has the features that the Provider or manufacturer have described or that the User has expected with regard to the nature of the digital content and based on how said content was advertised,
    • the digital content is fit for the purpose the Provider has specified for its use, or for which digital content of its kind is commonly used,
    • the digital content corresponds to the quality or performance of the agreed sample or model if the quality or design has been determined on the basis of an agreed sample or model,
    • the digital content is delivered in the appropriate quantity and scale,
    • the digital content fulfils all legal requirements.
  6. The provisions found in the preceding paragraph shall not apply to digital content provided at a lower price due to a known defect for which a lower price has been agreed upon or if it is in the nature of the item. If a defect occurs within six months of receipt, it is deemed that the performance was defective at the time of receipt.
  7. The User is entitled to exercise their rights regarding defects that occur within 24 months of receipt of the contractual performance.
  8. Defective performance rights may be exercised by the User, in particular, when:

    • the User has paid for access to the digital content and the content was not delivered to their user account in the application,
    • after downloading the digital content, the User has found that different digital content than what was originally ordered has been delivered,
    • the digital content is corrupted.
  9. If the contractual performance does not contain the features established in Paragraph 5 of this Article of the GTC, the User may also request the provision of a new performance of the contract without defects, unless it is disproportionate to the nature of the defect, but if the defect relates only to the performance component, the User may only request the replacement of the component; if this is not possible, the User may withdraw from the contract. However, if the defect is disproportionate in regard to the nature of the defect, in particular if the defect can be remedied without undue delay, the User has the right to the removal of the defect free of charge.
  10. The User is entitled to a new performance of the contract or a replacement of the component even in the case of a removable defect if the performance of the contract cannot be used properly after a reoccurrence of the defect after it was repaired or for a greater number of defects. In that case, the User has the right to withdraw from the contract.
  11. If the User does not withdraw from the contract or does not exercise their right to be provided with a new performance of the contract without defects, a replacement of a component, or a repair of the performance, then they may request a reasonable discount. The User is entitled to a reasonable discount even if the Provider is unable to provide a new performance of the contract without defects, replace a component, or repair the defect. The User is also entitled to a reasonable discount if the Provider fails to remedy the situation within a reasonable period of time or if such a remedy would cause considerable difficulties for the Consumer.
  12. The User is not entitled to exercise rights regarding defective performance if the User prior to accepting the performance of the contract knew that the performance of the contract contained a defect or if the User himself caused the defect.
  13. If the performance of the contract has a defect by which the Provider is bound, and if the performance of the contract is provided at a lower price, the User has the right to a reasonable discount instead of the right to exchange the performance of the contract.
  14. In accordance with Section 1922 of the Civil Code, the User is obliged to notify the Provider of the defect without undue delay after having discovered such a defect in writing to the address specified in Paragraph 16 of this GTC or by e-mail sent to the Provider’s e-mail address listed therein.
  15. In accordance with the entitlement to exercise their rights regarding defective performance, the User also has the right to the reimbursement of costs efficiently incurred in exercising their rights regarding defective performance. The rights regarding defective performance do not exclude the right to compensation for possible damage. However, what can be achieved by exercising their rights regarding defective performance cannot be claimed for another legal reason.
  16. The User may exercise their rights regarding defective performance by one of the following options:

    • via e-mail sent to info@hunter.games,
    • by post to Hunter Games, s.r.o., Pernerova 676/51, Karlín, 186 00 Prague 8.
  17. The Provider shall provide the User with either a written confirmation or a confirmational e-mail that the Consumer has exercised their rights regarding defective performance. The confirmation will also include what the content of the complaint is and what manner of settlement of the claim the Consumer requires as well as a confirmation of the date and method of settlement of the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the claim.
  18. The Provider shall decide on the complaint immediately, or in complex cases, within three working days. This period does not include the period of time appropriate to the type of service required for the expert assessment of the defect. The defect complaint will be settled without undue delay, no later than 30 days from the date the claim was filed, unless the Provider agrees with the Consumer on a longer period. If the Provider rejects the claim as an unauthorised claim, the Provider is obliged to inform the User of their reason for rejecting the claim within the same timeframe.

XI. Other Communications and Obligations of Both Parties

  1. On the basis of the User using their services, the Provider has the right to provide third parties with references to services provided to the Users and to otherwise use this information for their own promotion, i.e., in particular, use the User’s name and service information provided for their own promotion with the exception of listing the price of the provided service.
  2. The Provider is not bound by any codes of conduct as defined in Section 1826, Paragraph 1(e) of the Civil Code.
  3. Out-of-court settlements of consumer disputes arising from a contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Reg. No.: 000 20 869, web address: http://www.coi.cz. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to settle disputes between a Provider and a User under contract.
  4. The European Consumer Centre, Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, web address: http://www.evropskyspotrebitel.cz is a point of contact according to EU Regulation No. 524/2013 of the European Parliament and Council from 21 May 2013 on Settling Consumer Disputes Online and on the Amendment to the EC Regulation No. 2006/20004 and 2009/22/EC Directive (Regulation on Settling Consumer Disputes Online).
  5. The Provider is entitled to provide services based on a trade license. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority supervises, inter alia, observance of the Consumer Protection Act No. 634/1992 Coll., as amended.
  6. The User hereby assumes the risk of a change of circumstances as defined in Article 1765, Paragraph 2 of the Civil Code.
  7. The User is obliged:

    • when using the services, to not promote products or services without the Provider’s consent;
    • to refrain from any action that would harm or threaten the Provider’s reputation;
    • in the event of a breach of these Terms and Conditions, to fully protect and indemnify the Provider or other Users against any claims (including claims for related costs) brought against the Provider as a result of such breach of these Terms and Conditions.
  8. The Provider is not liable to Users for failing to provide the services, nor is it in any way liable for damages or other harm that may arise to the User as a result of limiting, changing or terminating the service, disabling user access to their user account, deleting their user account or in the event of using any other of the Provider’s Company’s rights under this GTC or legal regulations. Furthermore, the Provider shall not be liable for any damage incurred by Users or third parties as a result of a breach of the Provider’s obligations or of force majeure. The provisions of the preceding sentence shall not apply to Consumers.
  9. By using the Provider’s services, Users, with the exception of Consumers, waive the right to claim compensation from the Provider for any harm they may incur as a result of using the services. The Provider acknowledges that the User may not waive the right to compensation for damage caused to them on their natural rights or caused intentionally or by gross negligence.

XII. Delivery

  1. The User may receive deliveries to the User’s electronic address provided by the User in the context of establishing their user account.

XIII. Final Provisions

  1. If the relationship based on the contract contains an international (foreign) entity, then the contractual parties agree that the relationship shall be governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
  2. If any provision of this GTC is invalid or ineffective, or becomes invalid, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision is without prejudice to the validity of other provisions.
  3. These Terms and Conditions form an integral part of the contract. Special agreements with the User made in the contract take precedence over the provisions of these Terms and Conditions that conflict with them.
  4. The Terms and Conditions do not grant rights to any third parties. The User is not entitled to proceed or otherwise transfer their rights arising from these Terms and Conditions to a third party without the Provider’s written consent.
  5. If the User violates these Terms and Conditions and the Provider fails to respond to this violation, this does not mean that the Provider waives any rights that may be attributable to them (such as the right to continue taking the necessary legal action to enforce their rights in the future) .
  6. If the User expresses their disagreement with these Terms and Conditions, they are not entitled to continue using the Provider’s services unless otherwise agreed upon with the Provider.
  7. The Provider is entitled to change these Terms and Conditions or any additional Terms and Conditions from time to time, for example due to changes in applicable laws, improvements or other service changes. In particular, the Provider is entitled to change these Terms and Conditions if the necessity of such a change results from legal regulations.
  8. By continuing to use the services after these Terms and Conditions have been changed and by clicking on the “I agree” button again, the User expresses their consent to the modified wording of these Terms and Conditions, or to the modified wording of the consent to processing personal data.
  9. The Provider undertakes to publish a report on the change of conditions on their website. Changes will not apply retroactively and will become effective no sooner than 8 days after they are posted. However, changes addressing new features for a given service or changes made for legal reasons will take effect immediately. If the User does not agree to the changed terms of a particular service, they are obliged to stop using the service.
  10. The User undertakes to check the Terms and Conditions regularly.
  11. The User acknowledges that if a suggestion for changing these Terms and Conditions is made, they will be obliged to use the Provider’s services and conclude contracts with the Provider according to these unchanged Terms and Conditions until the moment that such a change is expressly accepted by the Provider in writing.
  12. The rights and obligations under these Terms and Conditions remain in effect even after the User ceases to use the Provider’s services.
  13. Claims for contractual penalties under these Terms and Conditions are without prejudice to claims for compensation of damages in full.
  14. The Contract, including these Terms and Conditions, is archived by the Provider in electronic form and is not accessible.
  15. The Provider contact details:

    • The Provider’s registered office and delivery address: Hunter Games, s.r.o., Pernerova 676/51, Karlín, 186 00 Prague 8, Czech Republic;
    • email address: info@hunter.games
  16. These Terms and Conditions are effective as of 15.09.2017.

 

Annex No. 1 to GTC – Consent to the Processing of Personal Data

  1. If I am a natural person, I hereby grant the trading company Hunter Games s.r.o., Reg. No. 287 06 803, with a registered office in Praha 8 – Karlín, Pernerova 676/51, Post Code 186 00 registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 182629 (hereinafter referred to as the “Administrator”) consent to the processing of my personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as the “Act”), or with effect from 25.5.2018 as defined by EU Regulation 2016/679 of the European Parliament and Council with effect from 27.2.2016 (hereinafter referred to as the “Regulation”) regarding the data entered on the form on the Hunter Games website/mobile application, i.e., first name, surname, addresses, e-mail addresses and phone numbers, and other data that Users voluntarily provide to the Administrator in connection with the conclusion of a contract (hereinafter referred to as “Personal Data”).
  2. I hereby grant consent to process data for the following purposes:

    • the Administrator’s sending of messages regarding services ordered to the extent that such processing of Personal Data may not be deemed necessary for the performance of the contract and/or in which it will not be deemed necessary for the purposes of the legitimate interests of the Administrator after the Regulation becomes effective (e.g. information regarding an approaching expiry of the game, etc.), for the duration of the rights and obligations under the contractual relationship with the Administrator and for the next 2 years;
    • improvement and expansion of the Administrator’s services (in particular, the overall improvement of their online store, the addition of mobile application features, etc.) and obtaining my opinion concerning, in particular, my level of satisfaction with the provided products/services and the Administrator’s company, etc., for a period of 10 years;
    • the Administrator’s sending of news, business messages and product and service offers via e-mail provided that the sending of such messages cannot be considered compliant with the requirements of Section 7, Paragraph 3 of Act No. 480/2004 Coll., on Certain Information Society Services (e.g. Commercial Communications Not Related to Similar Services by the Administrator) or that such processing of Personal Data will not be considered necessary for the purposes of the Administrator’s legitimate interests of the Administrator after the Regulation is in effect, for a period of 10 years.
  3. I declare that I hereby grant this consent freely and that I am aware that I am not obligated to provide Personal Data to which this consent relates (I provide Personal Data voluntarily). I further declare that I am over 16 years old.
  4. I acknowledge that I have the right to revoke the above consent for individual processing purposes at any time, in whole or in part, via an e-mail sent to info@hunter.games or by any other means of contacting the Administrator. However, the withdrawal of consent does not affect the lawfulness of the processing based on the consent given before its withdrawal.

I acknowledge that this consent to the processing of Personal Data does not apply to the processing of Personal Data, the processing of which is necessary for the performance of a contract to which I am a party. This data is marked with an asterisk, without which it will not be possible to conclude the contract with the Administrator. I acknowledge that for these reasons and for other reasons defined in the Act, or from 25.5.2018 in the Regulation, the Administrator may process Personal Data without such consent. Therefore, granting this consent is not a condition for ordering services from the Administrator or other cooperation with the Administrator.

Licensing Terms and Conditions - The Players

These general licensing terms and conditions (hereinafter referred to as “General Terms and Conditions” or “GTC“) govern the rights and obligations of both the Provider, which is the trading company Hunter Games, s.r.o., and the User in connection with the services provided by the Provider via their online store at www.hunter.games and the Hunter Games application.

I. Definition

  1. Application” in these Terms and Conditions is understood as the mobile, web or other digital application available on Google Play and the App Store entitled Hunter Games, which the User will use when using the software to play the games specified below, to gain an overview of their purchased content, to manage their user account, and to perform other related activities enabled by the Provider.
  2. Digital Content” refers to data that is created and delivered in digital format only and made available to the User for them to download it to their device via their user account, that is, data that expands the base version of the application to include a specific game.
  3. Gaming” in these Terms and Conditions is understood as an interactive geolocation experience game that can be played via the application presenting the digital content described above.
  4. Client” in these Terms and Conditions is understood as a person who enters into a contract with the Provider in the manner described below in accordance with Article I, Paragraph 7 of this GTC, or who has already concluded any such contract therein.
  5. Entrepreneur” is one who independently performs a gainful activity on their own account and under their own responsibility on the basis of a trade license or similar manner with the intention to do so consistently for the purpose of achieving profit. For purposes of consumer protection and for purposes of Section 1963 of the Civil Code, any person entering into a contract related to their own business, production or similar activity, or on the basis of independent exercise of their profession, or a person acting on behalf of or on the account of an Entrepreneur shall also be considered an Entrepreneur.
  6. Provider” in these Terms and Conditions is understood to be the trading company Hunter Games, s.r.o., Reg. No. 287 06 803, with its registered office at Pernerova 676/51, Karlín, 186 00 Prague 8, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 182629.
  7. “Contract” in these Terms and Conditions is understood as a contract for the provision of services and is comprised of the making of digital content available and the concluding a licensing agreement in accordance with this GTC by means of following the procedures outlined below between the Provider and the User as a Client.
  8. Contractual Parties” in these Terms and Conditions are understood as the Provider as one contractual party and the User as the other contractual party.
  9. Services,” for the purposes of these Terms and Conditions, are understood as both fee-based access to digital content in the online store and in the Provider’s mobile application via the User’s user account, namely for the User’s personal use, and as the granting of the right to use the digital content in question, namely in the manner and scope specified in these Terms and Conditions.
  10. Software” in these Terms and Conditions is understood as a computer programme or digital platform enabling the provision of services, in particular the operation of the application. For the purposes found in Article VIII of these Terms and Conditions, in particular, the term “software” refers to a computer programme (or a part of the computer program) that is bound by specific digital content downloaded to a User’s device on the basis of a concluded contract.
  11. Consumer” is any person who, outside of their own business activity or outside of their own independent exercise of their profession, enters into a contract with an Entrepreneur or otherwise deals with an Entrepreneur.
  12. Technical Requirements” in these Terms and Conditions are understood as the technical requirements for software and hardware equipment necessary for the User’s functional use of the application. The minimum technical requirements shall be established by the Provider on their website together with the technical protective measures relating to digital content.
  13. User” in these Terms and Conditions is understood as anyone who uses the Provider’s services as specified above. The User in terms of this GTC may be:

    • a person who is a Client but not a Player in the game;
    • a person who does not enter into a contract with the Provider in accordance with Article V of this GTC, but is a Player in the game who has been authorised to download the respective game from the entity that has entered into such a contract;
    • a person who is a Client and also a Player in the respective game.
  14. Website” in these Terms and Conditions is understood as the Provider’s website, www.hunter.games.

II. General Provisions

  1. The subject of these Terms and Conditions is the establishment of the rights and obligations of the contractual parties regarding the provision of services as further specified in this GTC and the use of services thereof by the User.
  2. All contractual relationships are concluded in accordance with the laws of the Czech Republic. Mutual relationships not regulated by the Terms and Conditions are governed by Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”), Act No. 634/1992 Coll., on Consumer Protection (hereinafter the “Consumer Protection Act”), Act No. 101/2000 Coll., on the Protection of Personal Data and Amendments to Certain Acts (hereinafter referred to as the “Privacy Policy”), Act No. 121/2000 Coll., the Copyright Act (hereinafter the “Copyright Act”), all in the version in force at the material time, as well as all related regulations. At the same time, these contractual relationships are subject to relevant European Union legislation.
  3. The User declares that they are at least 16 years of age at the date of conclusion of the contract under these Terms and Conditions and undertake to ensure that all persons enabled to play the game through the granting of a sub-license will also be at least 16 years of age at the time the sub-license is granted.
  4. The Provider reserves the right to change or amend the Terms and Conditions without prior notice. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. Legal relationships arising from the contract under Article I, Paragraph 6 of this GTC shall be governed by the Terms and Conditions effective at the time of conclusion of the relevant contract.
  5. By agreeing to this GTC upon conclusion of the contract, the User confirms that they have acquainted themselves with these terms and conditions, including the communication sent prior to the conclusion of the contract, and expressly agrees to them in the version valid and effective at the moment of sending the order. The User further confirms that they understood all provisions and have found no ambiguities.
  6. If the User also happens to use other services that are subject to their own Special Terms and Conditions, such Special Terms and Conditions shall prevail over these Terms and Conditions.
  7. The User undertakes to ensure that all persons who use these Services together with them as co-players or whom the User allows to play the game by granting a sub-licence pursuant to Article VIII, Paragraph 2 of the GTC meet the conditions for the use of these services as outlined in these Terms and Conditions, become acquainted with the wording of these Terms and Conditions, and comply with them.
  8. In the event that the User is only the Client and not the person playing the game, the provisions governing the rights and obligations set out in this GTC regarding gameplay do not apply to them in this given case. However, this does not affect the User’s obligation to ensure compliance with the obligations relating to gameplay on part of other users to whom the User provides a sub-license as pursuant to Article VIII, Paragraph 2 of the GTC. In the event that the Client has not established a user account, the provisions found in this GTC relating to the user account shall not apply to them in this given case.

III. Pre-Contract Communication

  1. In accordance with Article 1820, Paragraph 1 of the Civil Code, the Provider provides the Consumer with the following information before concluding a contract:

    • the Provider does not charge the User any additional costs for remote communication that differs from the base rate and no delivery costs are associated with the delivery of digital content,
    • the User pays for the service before it is made available, the service is provided after payment of the relevant price, i.e. after crediting the required amount to the Provider’s account. The Provider does not require payment of a deposit, and if so, the User will be notified of this before the conclusion of the contract,
    • in terms of both the website and application, indefinite contracts are not concluded nor are contracts whose subject involves the repeat performance of a contract.
  2. All other information that the Provider is obliged to provide to the Consumer in accordance with Article 1820, Paragraph 1 or Article 1811, Paragraph 2 of the Civil Code and that does not arise from this article of the GTC, are listed below in these Terms and Conditions, primarily in Article IX. and X. of this GTC, or result from a specific User order.
  3. When using the Provider’s services, personal data is given to the Provider by the Users (or natural persons), including names, surnames, and e-mail addresses, etc. Users (or natural persons) hereby grant the Provider consent to the processing of personal data, the exact wording of which is contained in Annex 1 of this GTC and forms an integral part thereof. A more detailed outline of the terms and principles for processing personal data is governed by the document entitled Principles for the Protection of Personal Data (or “Privacy Policy”).

IV. User Account

  1. If a User registers through the website or application, a user account (hereinafter referred to as “User Account”) is automatically set up for them and the establishment of this user account is necessary for gameplay. The user is obliged to provide correct and truthful information and to update said information should any changes occur. The User is obliged to fill in all mandatory registration data.
  2. The User undertakes to set up a user account and use the services only if they are able to validly accept these Terms and Conditions and be bound by them.
  3. The user account is secured by a username and password. The User is obliged to keep all access data to their user account confidential and to take other appropriate measures that shall make it difficult for third parties to obtain their access data. The User is also obliged not to allow other parties to use their user account. The Provider is not responsible for any breach of this obligation on the User’s part.
  4. The User is also obliged to respect and comply with the security measures set forth by the Provider for the use of services, in particular not to attempt to breach, disrupt or circumvent any such security measures, or to enter another User’s account or even attempt to do so.
  5. The User agrees that without the explicit written consent of the Provider, the User may not:

    • Use robots, web-crawlers, spiders, or other similar software,
    • Copy any part of the Provider’s website or application,
    • Use the Provider’s services for non-private purposes,
    • Disproportionately burden the Provider’s IT infrastructure and hardware
    • Abuse or exploit errors, undocumented features, design bugs, or issues,
    • Disrupt or attempt to interfere with the proper functioning of the Provider’s services,
    • Send, post, transmit or otherwise distribute or e-mail any content that is illegal, malicious, threatening, defamatory, harassing, in violation of good manners, invasive of privacy, hateful, harmful to minors, or racially, ethnically or otherwise objectionable towards another person or entity,
    • Impersonate another person or identity,
    • Send, post, transmit or otherwise distribute content that is unlawful under any jurisdiction or on the basis of a contractual relationship or proxy, or content for which the User did not obtain the required consent from third parties,
    • Send, post, transmit or otherwise distribute any content that infringes upon any patent, trademark, trade secret, copyright or other intellectual property rights, or the proprietary or personal rights of any person,
    • Send, post, transmit or otherwise distribute unauthorised advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of unauthorised harassment,
    • Reverse engineer, decompile, or attempt to extract the source code of the software associated with the service provider,
    • Collect, store and distribute personal information on the Provider’s other users.
  6. The Provider has the right to cancel the user account without any compensation due to a breach of obligations arising from these Terms and Conditions. If a user account is cancelled, the User will lose access to their user account.
  7. In addition, the Provider reserves the right to terminate or suspend user accounts that are inactive for a long period of time.
  8. A properly registered User has the right to post reviews on the Provider’s published services. The Provider is entitled to monitor these reviews for violations of legality and decent morals.
  9. If the User finds or suspects that someone has misused their user account or knows their password, then they are obliged to change their password immediately and, if necessary, contact the Provider.

V. Contract

  1. All service presentations found on the website and in the application are for informational purposes only and the Provider is not obliged to conclude a contract for these services. The provisions in Section 1732, Paragraph 2 of the Civil Code shall not apply.
  2. Service features, prices, and availability of services in relation to individual games as digital content are listed directly by their product description. If any information is missing or unclear, the User can send an inquiry by email at info@hunter.gamesInformation about a service that is not listed cannot be assumed.
  3. In the event of interest in entering into a contract with the Provider, the User must first select the specific game they want to be covered by the services in the “game directory” section of the website. The User will then select “place in basket” and click the “order” button, which will then send off the order of services relating to that particular game. Orders described in the previous sentence may also be placed via email sent to info@hunter.games. Before sending an order to the Provider, the User is allowed to check and change the data that they have entered into the order, including the chance to detect and correct any data entry errors before placing the order. When ordering goods, the User is obliged to state that all information they have entered is correct and truthful. As such, all information given by the Provider regarding the order is considered to be correct.
  4. Upon receipt of the order, the Provider shall immediately acknowledge receipt of the order by e-mail sent to the e-mail address that User has specified in the order. The contract between the Provider and the User will be stored in the Provider’s electronic archive.
  5. A contract with a User who is not an Entrepreneur is concluded by delivering a confirmation of receipt of the order to the User from the Provider.
  6. In the event that the User is an Entrepreneur and makes purchases on behalf of their business, the contract is not concluded by an acknowledgment of receipt of the order, but either by express confirmation of the order or by commencement of fulfilling the order.
  7. By entering into a contract under this Article, the GTC creates an obligation of the Provider to provide the services ordered by the User and to grant the User a relevant license pursuant to Article VIII of this GTC. The GTC also creates an obligation of the User to pay the agreed price to the Provider.
  8. The Provider reserves the right not to accept the User’s offer in the form of a submitted service order or part thereof, especially if the service ordered by the User is no longer provided. The Provider shall inform the User of this fact via an informative e-mail sent to the e-mail address that they provided for the order. In the event that the User has paid part or all of the price for the ordered service prior to the contract’s conclusion, this amount will be refunded by the same payment method used in the order if the order is not accepted by the Provider.
  9. The contract is concluded in Czech or English and is archived for a period of five years, or for the maximum period as stipulated by applicable law. In the event of any contradiction between the individual language versions of this GTC, the Czech language version of this GTC shall prevail.
  10. By concluding the contract, the Provider confirms that the services purchased will be provided in the agreed quantity and that they include the features that were agreed upon. If, when checking the delivered services, the User finds that the opposite is true, they may exercise their rights regarding defective performance (see Article X of these Terms and Conditions).
  11. The User agrees to the use of remote communication when concluding the contract. Costs incurred by the User when using remote means of communication in connection with entering into a contract (the costs of internet connection, telephone call costs) shall be covered solely by the User, whereby these costs shall not deviate from the basic rate.
  12. The finalised contract can be changed or canceled only upon agreement from both parties involved or on legal grounds.

VI. Provision of Services

  1. The provision of services in the sense of this GTC, which consists of making digital content available for a fixed period of time, is realised immediately upon remitting payment so that the User is made able to download the digital content representing a particular game into the application installed on their device and consequently begin using it for the fixed period of time as specified in Article VIII hereof.
  2. The Provider undertakes to provide its services free of defects, in a medium quality, and with the properties and features exchanged or customary, so that the services can be used according to the contract or purpose therein.
  3. The Provider may change, suspend or cancel any portion of the services offered at any time without limitations. The Provider may also limit certain features offered through its services without prior notice. The services offered to the User are delivered to the mobile application, which the Provider can automatically update to the User’s device as soon as the new version is available. The Provider is not obliged to provide maintenance support, mobile application installation, etc.
  4. Services are offered on an “as-is” and “as-available” basis. The Provider hereby does not give the User any guarantees regarding the availability, functionality, reliability and accuracy of the services or information and content available through these services. The Provider is not explicitly obliged to provide constant and continuous availability of services.
  5. The User acknowledges that any contract concluded under this GTC gives the User the right to play the game only once. A game downloaded to a device based on an individual contract cannot be re-initiated.
  6. The Provider is entitled to interrupt or limit the use and availability of the services at any given time, in particular when modifying, updating or maintaining the system.
  7. The Provider is entitled to change, add or remove features of the application at any given time.
  8. The User acknowledges that the Provider is not responsible for connecting users to the internet in any way, that the provision of internet access is not a part of the service, and that it is therefore up to the Users to secure such a connection at their own expense and to ensure that such equipment will be sufficient for the using all services that they have purchased.
  9. The Provider is not responsible for service outages caused by providers of public telecommunication services nor is the Provider responsible for the technical condition of the User’s mobile phone when using the Provider’s services.
  10. The Provider is not liable if the User is unable to download or use the Provider’s digital content or services as a result of the User failing to own the explicitly specified software or hardware required to use the services thereof.
  11. By agreeing to these Terms and Conditions, the User acknowledges that potentially dangerous situations may arise when using the Provider’s services, and that playing individual games may be associated with the User’s movement in potentially dangerous and hard-to-reach places. Additionally, the User acknowledges that when using the Provider’s services, personal injury or property damage may occur to either the User or third parties.
  12. Due to the fact that unpredictable risks may arise when using the Provider’s services, the User is always obliged to properly assess whether there are objective or subjective conditions in order to use the Provider’s services, such as weather, physical fitness and terrain. The user is obliged to take caution when using these services so as not to endanger themselves or others and to not cause damage to one’s health or property when using these services.
  13. The Provider assumes no liability for damage to property or personal injury caused by the User when using their services and the User agrees that they will bear all material, legal and financial liabilities for any such damages or non-material damage.
  14. Every User agrees not to infringe upon the rights of others when using these services or abuse any services.
  15. Every User may at any time terminate the use of services or any portion thereof. However, obligations arising from contracts already concluded are thereby not affected.

VII. Price for Services and Payment Terms

  1. All prices for the provision of individual services are contractual. Current and valid prices are always listed on the website and in the application. Prices remain in effect for as long as they are displayed. This clause does not restrict the ability of the Provider to enter into a Purchase Contract under individually negotiated terms.
  2. The User acknowledges that the prices listed on the website or in the application are set as the price per game for one team. Unless otherwise stated by the Provider, there is no limit on the number of co-players per team.
  3. The User further acknowledges that the Provider is a payer of Value Added Tax (hereinafter referred to as “VAT”). All listed prices include VAT.
  4. Prices are in Czech crowns, Euros, British Pounds or US dollars. The User may choose to make payments via PayPal or by credit card via “Online Payment” (transactions are completed in a safe and secure payment portal).
  5. In the event that the User requests the issuance of a tax document (invoice), he is obliged to contact the Provider via the Provider’s e-mail address below and to inform the Provider of this fact.
  6. According to the Act on the Registration of Sales, the Provider is obliged to issue a receipt to the User. The Provider is also obliged to register received revenue with their respective tax administrator online; and in the case of technical failure, within forty-eight hours.

VIII. Copyrights

  1. The User acknowledges that the digital content made available to the User on the basis of a contract under this GTC (or computer program – software) is a creation of work as defined by Section 2, Paragraph 2 of Act No. 121/2000 Coll., The Copyright Act, as amended, and as such enjoys the protection provided by this Act (hereinafter also referred to as the “Work”).
  2. The Provider grants the User a personal, non-transferable, and non-exclusive license to use the Work with the possibility to grant a sub-license to an unlimited number of co-players in the respective game with effect from the time the User is granted access to download the digital content under a relevant contract, and the authorisation to use the Work to the extent as specified below (hereinafter referred to as simply the “License“). The License is granted for the territory of the Czech Republic and is valid for a limited period of time.
  3. The User acknowledges that the License is granted to the User for the period of time from when the User is allowed to download the digital content until the User plays the game to completion, but no longer than:

    • 2 months, in the event that the contract under this GTC is concluded with the User in the period between 1 April and 31 October of the given calendar year, regardless of whether the License was used, or
    • 5 months, in the event that the contract under this GTC is concluded with the User in the period between 1 November and 31 March, regardless of whether the License was used.
  1. If more than one co-player plays the game, then, for purposes of the previous paragraph in this article, the game is considered to have been played to completion after the first co-player has finished the game.
  1. The User acknowledges that in the event that the License granted under this Article of the GTC is not used, even though the Provider’s obligations under the contract have been met, the User shall not be entitled to a replacement, a repeat performance of the contract, or a refund of the paid purchase price.
  2. The License under this GTC article is provided solely for the purpose of using the services for the User’s own personal use, that is to play the relevant game through the application and use other related features with the right to grant a sub-licence to an unlimited number of co-players for the respective game.
  3. Unless otherwise expressly agreed upon by both parties, the User is not entitled to disseminate the Work or any part of it nor are they entitled to share the Work to the public, copy it, modify it, link it with another Work or make it a part of a collection of works, distribute it, sell it, rent it out, or in any way provide it to third parties. The User is also not entitled to use the Work for purposes of their own direct or indirect economic gain, nor are they allowed to reverse engineer the source code (reverse analytics) or even attempt to extract said source code.
  4. The fee for providing a License under this article is included in the price for provision of services under Article VII of these Terms and Conditions.
  5. In the event that any other copyrighted work (or any part thereof) within the meaning of Section 2 of the Copyright Act other than a computer programme is part of the digital content supplied to the User under the basis of a contract concluded under the terms of this GTC, then the License is subject to the same scope and conditions for this Work.
  6. In the event that the Provider is not the author of a specific Work that is a part of the digital content provided to the User on the basis of a contract under this GTC, or a person authorised to exercise in his own name and on his account of the author’s property rights as defined by Section 58 of the Copyright Act, the Provider grants the User a sub-license instead of a license under this Article. However, the scope of the User’s entitlement from the relevant sub-license and the terms of how it is granted remain unchanged.
  7. The User acknowledges that the Provider is the owner of the trademark “Hunter Games” registered with the Industrial Property Office, Registration No. 359749, which enjoys the protections provided by Act No. 441/2003 Coll., on Trademarks and the Amendment to Act No. 6/2002 Coll., on Courts, Judges, Associates and the State Administration of Courts and amendments to several other acts (the Act on Courts and Judges), as amended (the Act on Registered Trademarks).
  8. Except for the non-transferable personal right to use the services in accordance with these Terms and Conditions, Users do not acquire any intellectual property rights to the Provider’s own intellectual property rights or to the intellectual property rights of others by using the services. In particular, Users are not authorised in any way to use the Provider’s trademarks, logos and graphics and/or the name “Hunter Games,” unless it involves promoting the Provider and the Provider has given prior written consent to such promotional use.
  9. Unless both parties expressly agree otherwise, Users are not authorised to create derivative works based on the application, software or website.
  10. The User further acknowledges that while using the Provider’s services, the User is obliged to respect and abide by applicable legal regulations, in particular the Copyright Act, and is obliged to eschew from any interference with copyright and intellectual property rights, in particular the Provider’s copyright, software and web copyright pages.
  11. The User acknowledges that they may be affected by the applicable law for violation of copyright or other rights protected by law.
  12. The Provider respects the intellectual property rights of others and requests that all Users of their services do the same. If anyone has reason to believe that their copyrighted work has been published on the website or in the Provider’s application in a manner that constitutes copyright infringement, they must notify the Provider in a report that includes the following information:

    • A description of the copyrighted work or other intellectual property that has been infringed upon and the manner of its infringement,
    • Address, phone number, and email address
    • A physically or electronically signed statement that the above information is true and that there is a reason to believe that the intended use of the material has not been authorised by the copyright owner, its agent, or the law.
    • Copyright notices must be sent either in writing by post to Hunter Games, s.r.o., Pernerova 676/51, Karlín, 186 00, Prague 8, Czech Republic or via e-mail to info@hunter.games.
    • In the event of a breach of any obligation by a User who is not a Consumer, or a breach of any prohibition under Article VIII of these Terms and Conditions, the Provider is entitled to request that the User who is not a Consumer pay a contractual penalty in the amount of 500,000 CZK for each individual infraction.

IX. Withdrawal from the Contract

  1. By approving these Terms and Conditions pursuant to Article 1823 and Articles 1837(a) and 1837(l) of the Civil Code, the User expressly agrees and requests that the service pursuant to Article 1823(a) and Article 1837(a) of the Civil Code be provided and that the digital content as defined by Article 1837(l) of the Civil Code be delivered by the Provider before the expiry of the User’s contract withdrawal period in accordance with the provisions found in Article 1820, Paragraph 1 of the Civil Code.
  2. The User acknowledges that

    • in connection with the conclusion of a contract by means of remote communication (on the internet and through the application), the Consumer is entitled to withdraw from the contract within 14 days from the day following the date the contract was concluded without citing any reasons in accordance with the provisions of Article 1829, Paragraph 1 of the Civil Code, unless otherwise stipulated;
    • pursuant to Article 1837(a) of the Civil Code, the Consumer is not entitled to withdraw from the contract if the service was provided with his prior express consent before the expiry of the withdrawal period;
    • pursuant to Article 1837(l) of the Civil Code, the consumer is not entitled to withdraw from the contract for the delivery of digital content if it was not delivered on a tangible medium and was delivered with the Consumer’s prior express consent before the expiry of the withdrawal period;
    • pursuant to Article 1834 of the Civil Code, if the Consumer withdraws from the contract, the subject of which is the provision of services and the Provider has commenced performance of the contract on the explicit request of the Consumer before the expiry of the withdrawal period, they shall pay the Provider a prorated amount of the agreed price for the performance provided until the moment from which the contract was withdrawn;
    • the delivery of digital content is expressly understood as the first download of the relevant digital content to the User’s device pursuant to this GTC, and not the moment the User starts or finishes the game;
    • in view of the above, and with respect to the subject of performance of the contract, the User may withdraw from the contract as defined in Article 1829 of the Civil Code only if the User has not yet been provided with access to the digital content via the “Play Game” section of their user account in the application. This does not affect the User’s right to complain about the purchased goods in the event they were sent non-functional digital content.
  3. For purposes of exercising the right to withdrawal, the consumer must inform the Provider of his withdrawal from the contract by unilateral legal action (for example, by letter sent via postal service to the Provider’s registered address as listed below, or via e-mail sent to info@hunter.games). In such cases, the Consumer must clearly state that they are withdrawing from the contract and cite their order number to the Provider.
  4. In order to comply with the withdrawal period, it is sufficient to send the contract withdrawal before the relevant deadline expires.
  5. In case of withdrawal from the contract pursuant to Article 1829, Paragraph 1 of the Civil Code, the contract is abolished from the outset. The Provider shall terminate the provision of services without undue delay or make the digital content inaccessible to the User. The Provider shall return the funds received from the User without undue delay, no later than fourteen days after the delivery of the withdrawal from the contract and in the same manner as the Provider accepted them from the User.
  6. Rights and obligations related to withdrawal from the contract by Users other than Consumers arise from the relevant provisions of the Civil Code.
  7. The Provider is entitled to withdraw from the contract in the event that the services become unavailable or in the event of a serious change that has made it impossible for the Provider to fulfil their obligations under the contract. The Provider is also entitled to withdraw from the contract for reasons of force majeure or for reasons where the Provider, after exercising their best efforts as can be legally requested of them, is unable to deliver the services to the User within the time or price agreed upon in the contract. The Provider is obliged to inform the User of this fact without undue delay and to return to the User all financial compensation that was hitherto realised under the contract.
  8. The Provider also reserves the right to withdraw from the contract or any part thereof in the event of an obvious verbal or numerical error in the price of services (i.e. the price is clearly different from the usual price for this type of service). For example, an erroneous listing of figures, an obviously low price for services, and other obvious typographical errors are considered to be clear verbal or numerical mistakes in the price of services. In this case, the Provider will immediately contact the User to agree upon further action.
  9. The Provider is also entitled to withdraw from the contract or a part thereof in cases where the law so provides.

X. Rights Regarding Defective Performance Complaints

  1. The provisions of this Article shall expressly apply only to the rights regarding defective performance in relation to a User who is a Consumer. Rights regarding defective performance in relation to non-consumer users are governed by the relevant provisions of the Civil Code.
  2. The rights and obligations of the Provider and the User who is the Consumer regarding defective performance are governed by the relevant generally binding legal regulations (with regard to the subject of performance of the contract, which is services consisting of digital content access, in particular Article 2615 to Article 2619 of the Civil Code and pursuant to Article 2615 of the Civil Code extending by analogy those statutory provisions of Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection, as amended).
  3. The Provider expressly declares that they do not assume the quality guarantee as defined in Section 1919 or Section 2619 of the Civil Code.
  4. Services are defective if they do not correspond to what is agreed upon in the contract. The Provider is responsible for providing the User with the provided services (or for handing over the Work as defined in Section 2617 of the Civil Code) without any defects. If the services contain a defect at the time of delivery, it establishes obligations of the Provider regarding defective performance. Pursuant to Section 2618 of the Civil Code, the court does not grant the User rights regarding defective performance if the User fails to notify the service provider of defects without undue delay after discovering them or, in having due diligence, they should have discovered said defects, but no later than two years after the services were provided, and if the Provider objects that the right was exercised late.
  5. Regarding the delivery of digital content, at the time the User has taken over the digital content, the Provider is responsible for the following:

    • the digital content contains the properties upon which the parties have agreed, and if an agreement is missing, the digital content has the features that the Provider or manufacturer have described or that the User has expected with regard to the nature of the digital content and based on how said content was advertised,
    • the digital content is fit for the purpose the Provider has specified for its use, or for which digital content of its kind is commonly used,
    • the digital content corresponds to the quality or performance of the agreed sample or model if the quality or design has been determined on the basis of an agreed sample or model,
    • the digital content is delivered in the appropriate quantity and scale,
    • the digital content fulfils all legal requirements.
  6. The provisions found in the preceding paragraph shall not apply to digital content provided at a lower price due to a known defect for which a lower price has been agreed upon or if it is in the nature of the item. If a defect occurs within six months of receipt, it is deemed that the performance was defective at the time of receipt.
  7. The User is entitled to exercise their rights regarding defects that occur within 24 months of receipt of the contractual performance.
  8. Defective performance rights may be exercised by the User, in particular, when:

    • the User has paid for access to the digital content and the content was not delivered to their user account in the application,
    • after downloading the digital content, the User has found that different digital content than what was originally ordered has been delivered,
    • the digital content is corrupted.
  9. If the contractual performance does not contain the features established in Paragraph 5 of this Article of the GTC, the User may also request the provision of a new performance of the contract without defects, unless it is disproportionate to the nature of the defect, but if the defect relates only to the performance component, the User may only request the replacement of the component; if this is not possible, the User may withdraw from the contract. However, if the defect is disproportionate in regard to the nature of the defect, in particular if the defect can be remedied without undue delay, the User has the right to the removal of the defect free of charge.
  10. The User is entitled to a new performance of the contract or a replacement of the component even in the case of a removable defect if the performance of the contract cannot be used properly after a reoccurrence of the defect after it was repaired or for a greater number of defects. In that case, the User has the right to withdraw from the contract.
  11. If the User does not withdraw from the contract or does not exercise their right to be provided with a new performance of the contract without defects, a replacement of a component, or a repair of the performance, then they may request a reasonable discount. The User is entitled to a reasonable discount even if the Provider is unable to provide a new performance of the contract without defects, replace a component, or repair the defect. The User is also entitled to a reasonable discount if the Provider fails to remedy the situation within a reasonable period of time or if such a remedy would cause considerable difficulties for the Consumer.
  12. The User is not entitled to exercise rights regarding defective performance if the User prior to accepting the performance of the contract knew that the performance of the contract contained a defect or if the User himself caused the defect.
  13. If the performance of the contract has a defect by which the Provider is bound, and if the performance of the contract is provided at a lower price, the User has the right to a reasonable discount instead of the right to exchange the performance of the contract.
  14. In accordance with Section 1922 of the Civil Code, the User is obliged to notify the Provider of the defect without undue delay after having discovered such a defect in writing to the address specified in Paragraph 16 of this GTC or by e-mail sent to the Provider’s e-mail address listed therein.
  15. In accordance with the entitlement to exercise their rights regarding defective performance, the User also has the right to the reimbursement of costs efficiently incurred in exercising their rights regarding defective performance. The rights regarding defective performance do not exclude the right to compensation for possible damage. However, what can be achieved by exercising their rights regarding defective performance cannot be claimed for another legal reason.
  16. The User may exercise their rights regarding defective performance by one of the following options:

    • via e-mail sent to info@hunter.games,
    • by post to Hunter Games, s.r.o., Pernerova 676/51, Karlín, 186 00 Prague 8.
  17. The Provider shall provide the User with either a written confirmation or a confirmational e-mail that the Consumer has exercised their rights regarding defective performance. The confirmation will also include what the content of the complaint is and what manner of settlement of the claim the Consumer requires as well as a confirmation of the date and method of settlement of the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the claim.
  18. The Provider shall decide on the complaint immediately, or in complex cases, within three working days. This period does not include the period of time appropriate to the type of service required for the expert assessment of the defect. The defect complaint will be settled without undue delay, no later than 30 days from the date the claim was filed, unless the Provider agrees with the Consumer on a longer period. If the Provider rejects the claim as an unauthorised claim, the Provider is obliged to inform the User of their reason for rejecting the claim within the same timeframe.

XI. Other Communications and Obligations of Both Parties

  1. On the basis of the User using their services, the Provider has the right to provide third parties with references to services provided to the Users and to otherwise use this information for their own promotion, i.e., in particular, use the User’s name and service information provided for their own promotion with the exception of listing the price of the provided service.
  2. The Provider is not bound by any codes of conduct as defined in Section 1826, Paragraph 1(e) of the Civil Code.
  3. Out-of-court settlements of consumer disputes arising from a contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Reg. No.: 000 20 869, web address: http://www.coi.cz. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to settle disputes between a Provider and a User under contract.
  4. The European Consumer Centre, Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, web address: http://www.evropskyspotrebitel.cz is a point of contact according to EU Regulation No. 524/2013 of the European Parliament and Council from 21 May 2013 on Settling Consumer Disputes Online and on the Amendment to the EC Regulation No. 2006/20004 and 2009/22/EC Directive (Regulation on Settling Consumer Disputes Online).
  5. The Provider is entitled to provide services based on a trade license. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority supervises, inter alia, observance of the Consumer Protection Act No. 634/1992 Coll., as amended.
  6. The User hereby assumes the risk of a change of circumstances as defined in Article 1765, Paragraph 2 of the Civil Code.
  7. The User is obliged:

    • when using the services, to not promote products or services without the Provider’s consent;
    • to refrain from any action that would harm or threaten the Provider’s reputation;
    • in the event of a breach of these Terms and Conditions, to fully protect and indemnify the Provider or other Users against any claims (including claims for related costs) brought against the Provider as a result of such breach of these Terms and Conditions.
  8. The Provider is not liable to Users for failing to provide the services, nor is it in any way liable for damages or other harm that may arise to the User as a result of limiting, changing or terminating the service, disabling user access to their user account, deleting their user account or in the event of using any other of the Provider’s Company’s rights under this GTC or legal regulations. Furthermore, the Provider shall not be liable for any damage incurred by Users or third parties as a result of a breach of the Provider’s obligations or of force majeure. The provisions of the preceding sentence shall not apply to Consumers.
  9. By using the Provider’s services, Users, with the exception of Consumers, waive the right to claim compensation from the Provider for any harm they may incur as a result of using the services. The Provider acknowledges that the User may not waive the right to compensation for damage caused to them on their natural rights or caused intentionally or by gross negligence.

XII. Delivery

  1. The User may receive deliveries to the User’s electronic address provided by the User in the context of establishing their user account.

XIII. Final Provisions

  1. If the relationship based on the contract contains an international (foreign) entity, then the contractual parties agree that the relationship shall be governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
  2. If any provision of this GTC is invalid or ineffective, or becomes invalid, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision is without prejudice to the validity of other provisions.
  3. These Terms and Conditions form an integral part of the contract. Special agreements with the User made in the contract take precedence over the provisions of these Terms and Conditions that conflict with them.
  4. The Terms and Conditions do not grant rights to any third parties. The User is not entitled to proceed or otherwise transfer their rights arising from these Terms and Conditions to a third party without the Provider’s written consent.
  5. If the User violates these Terms and Conditions and the Provider fails to respond to this violation, this does not mean that the Provider waives any rights that may be attributable to them (such as the right to continue taking the necessary legal action to enforce their rights in the future) .
  6. If the User expresses their disagreement with these Terms and Conditions, they are not entitled to continue using the Provider’s services unless otherwise agreed upon with the Provider.
  7. The Provider is entitled to change these Terms and Conditions or any additional Terms and Conditions from time to time, for example due to changes in applicable laws, improvements or other service changes. In particular, the Provider is entitled to change these Terms and Conditions if the necessity of such a change results from legal regulations.
  8. By continuing to use the services after these Terms and Conditions have been changed and by clicking on the “I agree” button again, the User expresses their consent to the modified wording of these Terms and Conditions, or to the modified wording of the consent to processing personal data.
  9. The Provider undertakes to publish a report on the change of conditions on their website. Changes will not apply retroactively and will become effective no sooner than 8 days after they are posted. However, changes addressing new features for a given service or changes made for legal reasons will take effect immediately. If the User does not agree to the changed terms of a particular service, they are obliged to stop using the service.
  10. The User undertakes to check the Terms and Conditions regularly.
  11. The User acknowledges that if a suggestion for changing these Terms and Conditions is made, they will be obliged to use the Provider’s services and conclude contracts with the Provider according to these unchanged Terms and Conditions until the moment that such a change is expressly accepted by the Provider in writing.
  12. The rights and obligations under these Terms and Conditions remain in effect even after the User ceases to use the Provider’s services.
  13. Claims for contractual penalties under these Terms and Conditions are without prejudice to claims for compensation of damages in full.
  14. The Contract, including these Terms and Conditions, is archived by the Provider in electronic form and is not accessible.
  15. The Provider contact details:

    • The Provider’s registered office and delivery address: Hunter Games, s.r.o., Pernerova 676/51, Karlín, 186 00 Prague 8, Czech Republic;
    • email address: info@hunter.games
  16. These Terms and Conditions are effective as of 15.09.2017.

 

Annex No. 1 to GTC – Consent to the Processing of Personal Data

  1. If I am a natural person, I hereby grant the trading company Hunter Games s.r.o., Reg. No. 287 06 803, with a registered office in Praha 8 – Karlín, Pernerova 676/51, Post Code 186 00 registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 182629 (hereinafter referred to as the “Administrator”) consent to the processing of my personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as the “Act”), or with effect from 25.5.2018 as defined by EU Regulation 2016/679 of the European Parliament and Council with effect from 27.2.2016 (hereinafter referred to as the “Regulation”) regarding the data entered on the form on the Hunter Games website/mobile application, i.e., first name, surname, addresses, e-mail addresses and phone numbers, and other data that Users voluntarily provide to the Administrator in connection with the conclusion of a contract (hereinafter referred to as “Personal Data”).
  2. I hereby grant consent to process data for the following purposes:

    • the Administrator’s sending of messages regarding services ordered to the extent that such processing of Personal Data may not be deemed necessary for the performance of the contract and/or in which it will not be deemed necessary for the purposes of the legitimate interests of the Administrator after the Regulation becomes effective (e.g. information regarding an approaching expiry of the game, etc.), for the duration of the rights and obligations under the contractual relationship with the Administrator and for the next 2 years;
    • improvement and expansion of the Administrator’s services (in particular, the overall improvement of their online store, the addition of mobile application features, etc.) and obtaining my opinion concerning, in particular, my level of satisfaction with the provided products/services and the Administrator’s company, etc., for a period of 10 years;
    • the Administrator’s sending of news, business messages and product and service offers via e-mail provided that the sending of such messages cannot be considered compliant with the requirements of Section 7, Paragraph 3 of Act No. 480/2004 Coll., on Certain Information Society Services (e.g. Commercial Communications Not Related to Similar Services by the Administrator) or that such processing of Personal Data will not be considered necessary for the purposes of the Administrator’s legitimate interests of the Administrator after the Regulation is in effect, for a period of 10 years.
  3. I declare that I hereby grant this consent freely and that I am aware that I am not obligated to provide Personal Data to which this consent relates (I provide Personal Data voluntarily). I further declare that I am over 16 years old.
  4. I acknowledge that I have the right to revoke the above consent for individual processing purposes at any time, in whole or in part, via an e-mail sent to info@hunter.games or by any other means of contacting the Administrator. However, the withdrawal of consent does not affect the lawfulness of the processing based on the consent given before its withdrawal.

I acknowledge that this consent to the processing of Personal Data does not apply to the processing of Personal Data, the processing of which is necessary for the performance of a contract to which I am a party. This data is marked with an asterisk, without which it will not be possible to conclude the contract with the Administrator. I acknowledge that for these reasons and for other reasons defined in the Act, or from 25.5.2018 in the Regulation, the Administrator may process Personal Data without such consent. Therefore, granting this consent is not a condition for ordering services from the Administrator or other cooperation with the Administrator.

Licensing Terms and Conditions - The Authors

These general licensing terms and conditions (hereinafter referred to as “General Terms and Conditions” or “GTC“) govern the rights and obligations of both the Provider, which is the trading company Hunter Games, s.r.o., and the User in connection with the services provided by the Provider via their online store at www.hunter.games and the Hunter Games application.

I. Definition

  1. Application” in these Terms and Conditions is understood as the mobile, web or other digital application available on Google Play and the App Store entitled Hunter Games, which the User will use when using the software to play the games specified below, to gain an overview of their purchased content, to manage their user account, and to perform other related activities enabled by the Provider.
  2. Digital Content” refers to data that is created and delivered in digital format only and made available to the User for them to download it to their device via their user account, that is, data that expands the base version of the application to include a specific game.
  3. Gaming” in these Terms and Conditions is understood as an interactive geolocation experience game that can be played via the application presenting the digital content described above.
  4. Client” in these Terms and Conditions is understood as a person who enters into a contract with the Provider in the manner described below in accordance with Article I, Paragraph 7 of this GTC, or who has already concluded any such contract therein.
  5. Entrepreneur” is one who independently performs a gainful activity on their own account and under their own responsibility on the basis of a trade license or similar manner with the intention to do so consistently for the purpose of achieving profit. For purposes of consumer protection and for purposes of Section 1963 of the Civil Code, any person entering into a contract related to their own business, production or similar activity, or on the basis of independent exercise of their profession, or a person acting on behalf of or on the account of an Entrepreneur shall also be considered an Entrepreneur.
  6. Provider” in these Terms and Conditions is understood to be the trading company Hunter Games, s.r.o., Reg. No. 287 06 803, with its registered office at Pernerova 676/51, Karlín, 186 00 Prague 8, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 182629.
  7. “Contract” in these Terms and Conditions is understood as a contract for the provision of services and is comprised of the making of digital content available and the concluding a licensing agreement in accordance with this GTC by means of following the procedures outlined below between the Provider and the User as a Client.
  8. Contractual Parties” in these Terms and Conditions are understood as the Provider as one contractual party and the User as the other contractual party.
  9. Services,” for the purposes of these Terms and Conditions, are understood as both fee-based access to digital content in the online store and in the Provider’s mobile application via the User’s user account, namely for the User’s personal use, and as the granting of the right to use the digital content in question, namely in the manner and scope specified in these Terms and Conditions.
  10. Software” in these Terms and Conditions is understood as a computer programme or digital platform enabling the provision of services, in particular the operation of the application. For the purposes found in Article VIII of these Terms and Conditions, in particular, the term “software” refers to a computer programme (or a part of the computer program) that is bound by specific digital content downloaded to a User’s device on the basis of a concluded contract.
  11. Consumer” is any person who, outside of their own business activity or outside of their own independent exercise of their profession, enters into a contract with an Entrepreneur or otherwise deals with an Entrepreneur.
  12. Technical Requirements” in these Terms and Conditions are understood as the technical requirements for software and hardware equipment necessary for the User’s functional use of the application. The minimum technical requirements shall be established by the Provider on their website together with the technical protective measures relating to digital content.
  13. User” in these Terms and Conditions is understood as anyone who uses the Provider’s services as specified above. The User in terms of this GTC may be:

    • a person who is a Client but not a Player in the game;
    • a person who does not enter into a contract with the Provider in accordance with Article V of this GTC, but is a Player in the game who has been authorised to download the respective game from the entity that has entered into such a contract;
    • a person who is a Client and also a Player in the respective game.
  14. Website” in these Terms and Conditions is understood as the Provider’s website, www.hunter.games.

II. General Provisions

  1. The subject of these Terms and Conditions is the establishment of the rights and obligations of the contractual parties regarding the provision of services as further specified in this GTC and the use of services thereof by the User.
  2. All contractual relationships are concluded in accordance with the laws of the Czech Republic. Mutual relationships not regulated by the Terms and Conditions are governed by Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”), Act No. 634/1992 Coll., on Consumer Protection (hereinafter the “Consumer Protection Act”), Act No. 101/2000 Coll., on the Protection of Personal Data and Amendments to Certain Acts (hereinafter referred to as the “Privacy Policy”), Act No. 121/2000 Coll., the Copyright Act (hereinafter the “Copyright Act”), all in the version in force at the material time, as well as all related regulations. At the same time, these contractual relationships are subject to relevant European Union legislation.
  3. The User declares that they are at least 16 years of age at the date of conclusion of the contract under these Terms and Conditions and undertake to ensure that all persons enabled to play the game through the granting of a sub-license will also be at least 16 years of age at the time the sub-license is granted.
  4. The Provider reserves the right to change or amend the Terms and Conditions without prior notice. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. Legal relationships arising from the contract under Article I, Paragraph 6 of this GTC shall be governed by the Terms and Conditions effective at the time of conclusion of the relevant contract.
  5. By agreeing to this GTC upon conclusion of the contract, the User confirms that they have acquainted themselves with these terms and conditions, including the communication sent prior to the conclusion of the contract, and expressly agrees to them in the version valid and effective at the moment of sending the order. The User further confirms that they understood all provisions and have found no ambiguities.
  6. If the User also happens to use other services that are subject to their own Special Terms and Conditions, such Special Terms and Conditions shall prevail over these Terms and Conditions.
  7. The User undertakes to ensure that all persons who use these Services together with them as co-players or whom the User allows to play the game by granting a sub-licence pursuant to Article VIII, Paragraph 2 of the GTC meet the conditions for the use of these services as outlined in these Terms and Conditions, become acquainted with the wording of these Terms and Conditions, and comply with them.
  8. In the event that the User is only the Client and not the person playing the game, the provisions governing the rights and obligations set out in this GTC regarding gameplay do not apply to them in this given case. However, this does not affect the User’s obligation to ensure compliance with the obligations relating to gameplay on part of other users to whom the User provides a sub-license as pursuant to Article VIII, Paragraph 2 of the GTC. In the event that the Client has not established a user account, the provisions found in this GTC relating to the user account shall not apply to them in this given case.

III. Pre-Contract Communication

  1. In accordance with Article 1820, Paragraph 1 of the Civil Code, the Provider provides the Consumer with the following information before concluding a contract:

    • the Provider does not charge the User any additional costs for remote communication that differs from the base rate and no delivery costs are associated with the delivery of digital content,
    • the User pays for the service before it is made available, the service is provided after payment of the relevant price, i.e. after crediting the required amount to the Provider’s account. The Provider does not require payment of a deposit, and if so, the User will be notified of this before the conclusion of the contract,
    • in terms of both the website and application, indefinite contracts are not concluded nor are contracts whose subject involves the repeat performance of a contract.
  2. All other information that the Provider is obliged to provide to the Consumer in accordance with Article 1820, Paragraph 1 or Article 1811, Paragraph 2 of the Civil Code and that does not arise from this article of the GTC, are listed below in these Terms and Conditions, primarily in Article IX. and X. of this GTC, or result from a specific User order.
  3. When using the Provider’s services, personal data is given to the Provider by the Users (or natural persons), including names, surnames, and e-mail addresses, etc. Users (or natural persons) hereby grant the Provider consent to the processing of personal data, the exact wording of which is contained in Annex 1 of this GTC and forms an integral part thereof. A more detailed outline of the terms and principles for processing personal data is governed by the document entitled Principles for the Protection of Personal Data (or “Privacy Policy”).

IV. User Account

  1. If a User registers through the website or application, a user account (hereinafter referred to as “User Account”) is automatically set up for them and the establishment of this user account is necessary for gameplay. The user is obliged to provide correct and truthful information and to update said information should any changes occur. The User is obliged to fill in all mandatory registration data.
  2. The User undertakes to set up a user account and use the services only if they are able to validly accept these Terms and Conditions and be bound by them.
  3. The user account is secured by a username and password. The User is obliged to keep all access data to their user account confidential and to take other appropriate measures that shall make it difficult for third parties to obtain their access data. The User is also obliged not to allow other parties to use their user account. The Provider is not responsible for any breach of this obligation on the User’s part.
  4. The User is also obliged to respect and comply with the security measures set forth by the Provider for the use of services, in particular not to attempt to breach, disrupt or circumvent any such security measures, or to enter another User’s account or even attempt to do so.
  5. The User agrees that without the explicit written consent of the Provider, the User may not:

    • Use robots, web-crawlers, spiders, or other similar software,
    • Copy any part of the Provider’s website or application,
    • Use the Provider’s services for non-private purposes,
    • Disproportionately burden the Provider’s IT infrastructure and hardware
    • Abuse or exploit errors, undocumented features, design bugs, or issues,
    • Disrupt or attempt to interfere with the proper functioning of the Provider’s services,
    • Send, post, transmit or otherwise distribute or e-mail any content that is illegal, malicious, threatening, defamatory, harassing, in violation of good manners, invasive of privacy, hateful, harmful to minors, or racially, ethnically or otherwise objectionable towards another person or entity,
    • Impersonate another person or identity,
    • Send, post, transmit or otherwise distribute content that is unlawful under any jurisdiction or on the basis of a contractual relationship or proxy, or content for which the User did not obtain the required consent from third parties,
    • Send, post, transmit or otherwise distribute any content that infringes upon any patent, trademark, trade secret, copyright or other intellectual property rights, or the proprietary or personal rights of any person,
    • Send, post, transmit or otherwise distribute unauthorised advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of unauthorised harassment,
    • Reverse engineer, decompile, or attempt to extract the source code of the software associated with the service provider,
    • Collect, store and distribute personal information on the Provider’s other users.
  6. The Provider has the right to cancel the user account without any compensation due to a breach of obligations arising from these Terms and Conditions. If a user account is cancelled, the User will lose access to their user account.
  7. In addition, the Provider reserves the right to terminate or suspend user accounts that are inactive for a long period of time.
  8. A properly registered User has the right to post reviews on the Provider’s published services. The Provider is entitled to monitor these reviews for violations of legality and decent morals.
  9. If the User finds or suspects that someone has misused their user account or knows their password, then they are obliged to change their password immediately and, if necessary, contact the Provider.

V. Contract

  1. All service presentations found on the website and in the application are for informational purposes only and the Provider is not obliged to conclude a contract for these services. The provisions in Section 1732, Paragraph 2 of the Civil Code shall not apply.
  2. Service features, prices, and availability of services in relation to individual games as digital content are listed directly by their product description. If any information is missing or unclear, the User can send an inquiry by email at info@hunter.gamesInformation about a service that is not listed cannot be assumed.
  3. In the event of interest in entering into a contract with the Provider, the User must first select the specific game they want to be covered by the services in the “game directory” section of the website. The User will then select “place in basket” and click the “order” button, which will then send off the order of services relating to that particular game. Orders described in the previous sentence may also be placed via email sent to info@hunter.games. Before sending an order to the Provider, the User is allowed to check and change the data that they have entered into the order, including the chance to detect and correct any data entry errors before placing the order. When ordering goods, the User is obliged to state that all information they have entered is correct and truthful. As such, all information given by the Provider regarding the order is considered to be correct.
  4. Upon receipt of the order, the Provider shall immediately acknowledge receipt of the order by e-mail sent to the e-mail address that User has specified in the order. The contract between the Provider and the User will be stored in the Provider’s electronic archive.
  5. A contract with a User who is not an Entrepreneur is concluded by delivering a confirmation of receipt of the order to the User from the Provider.
  6. In the event that the User is an Entrepreneur and makes purchases on behalf of their business, the contract is not concluded by an acknowledgment of receipt of the order, but either by express confirmation of the order or by commencement of fulfilling the order.
  7. By entering into a contract under this Article, the GTC creates an obligation of the Provider to provide the services ordered by the User and to grant the User a relevant license pursuant to Article VIII of this GTC. The GTC also creates an obligation of the User to pay the agreed price to the Provider.
  8. The Provider reserves the right not to accept the User’s offer in the form of a submitted service order or part thereof, especially if the service ordered by the User is no longer provided. The Provider shall inform the User of this fact via an informative e-mail sent to the e-mail address that they provided for the order. In the event that the User has paid part or all of the price for the ordered service prior to the contract’s conclusion, this amount will be refunded by the same payment method used in the order if the order is not accepted by the Provider.
  9. The contract is concluded in Czech or English and is archived for a period of five years, or for the maximum period as stipulated by applicable law. In the event of any contradiction between the individual language versions of this GTC, the Czech language version of this GTC shall prevail.
  10. By concluding the contract, the Provider confirms that the services purchased will be provided in the agreed quantity and that they include the features that were agreed upon. If, when checking the delivered services, the User finds that the opposite is true, they may exercise their rights regarding defective performance (see Article X of these Terms and Conditions).
  11. The User agrees to the use of remote communication when concluding the contract. Costs incurred by the User when using remote means of communication in connection with entering into a contract (the costs of internet connection, telephone call costs) shall be covered solely by the User, whereby these costs shall not deviate from the basic rate.
  12. The finalised contract can be changed or canceled only upon agreement from both parties involved or on legal grounds.

VI. Provision of Services

  1. The provision of services in the sense of this GTC, which consists of making digital content available for a fixed period of time, is realised immediately upon remitting payment so that the User is made able to download the digital content representing a particular game into the application installed on their device and consequently begin using it for the fixed period of time as specified in Article VIII hereof.
  2. The Provider undertakes to provide its services free of defects, in a medium quality, and with the properties and features exchanged or customary, so that the services can be used according to the contract or purpose therein.
  3. The Provider may change, suspend or cancel any portion of the services offered at any time without limitations. The Provider may also limit certain features offered through its services without prior notice. The services offered to the User are delivered to the mobile application, which the Provider can automatically update to the User’s device as soon as the new version is available. The Provider is not obliged to provide maintenance support, mobile application installation, etc.
  4. Services are offered on an “as-is” and “as-available” basis. The Provider hereby does not give the User any guarantees regarding the availability, functionality, reliability and accuracy of the services or information and content available through these services. The Provider is not explicitly obliged to provide constant and continuous availability of services.
  5. The User acknowledges that any contract concluded under this GTC gives the User the right to play the game only once. A game downloaded to a device based on an individual contract cannot be re-initiated.
  6. The Provider is entitled to interrupt or limit the use and availability of the services at any given time, in particular when modifying, updating or maintaining the system.
  7. The Provider is entitled to change, add or remove features of the application at any given time.
  8. The User acknowledges that the Provider is not responsible for connecting users to the internet in any way, that the provision of internet access is not a part of the service, and that it is therefore up to the Users to secure such a connection at their own expense and to ensure that such equipment will be sufficient for the using all services that they have purchased.
  9. The Provider is not responsible for service outages caused by providers of public telecommunication services nor is the Provider responsible for the technical condition of the User’s mobile phone when using the Provider’s services.
  10. The Provider is not liable if the User is unable to download or use the Provider’s digital content or services as a result of the User failing to own the explicitly specified software or hardware required to use the services thereof.
  11. By agreeing to these Terms and Conditions, the User acknowledges that potentially dangerous situations may arise when using the Provider’s services, and that playing individual games may be associated with the User’s movement in potentially dangerous and hard-to-reach places. Additionally, the User acknowledges that when using the Provider’s services, personal injury or property damage may occur to either the User or third parties.
  12. Due to the fact that unpredictable risks may arise when using the Provider’s services, the User is always obliged to properly assess whether there are objective or subjective conditions in order to use the Provider’s services, such as weather, physical fitness and terrain. The user is obliged to take caution when using these services so as not to endanger themselves or others and to not cause damage to one’s health or property when using these services.
  13. The Provider assumes no liability for damage to property or personal injury caused by the User when using their services and the User agrees that they will bear all material, legal and financial liabilities for any such damages or non-material damage.
  14. Every User agrees not to infringe upon the rights of others when using these services or abuse any services.
  15. Every User may at any time terminate the use of services or any portion thereof. However, obligations arising from contracts already concluded are thereby not affected.

VII. Price for Services and Payment Terms

  1. All prices for the provision of individual services are contractual. Current and valid prices are always listed on the website and in the application. Prices remain in effect for as long as they are displayed. This clause does not restrict the ability of the Provider to enter into a Purchase Contract under individually negotiated terms.
  2. The User acknowledges that the prices listed on the website or in the application are set as the price per game for one team. Unless otherwise stated by the Provider, there is no limit on the number of co-players per team.
  3. The User further acknowledges that the Provider is a payer of Value Added Tax (hereinafter referred to as “VAT”). All listed prices include VAT.
  4. Prices are in Czech crowns, Euros, British Pounds or US dollars. The User may choose to make payments via PayPal or by credit card via “Online Payment” (transactions are completed in a safe and secure payment portal).
  5. In the event that the User requests the issuance of a tax document (invoice), he is obliged to contact the Provider via the Provider’s e-mail address below and to inform the Provider of this fact.
  6. According to the Act on the Registration of Sales, the Provider is obliged to issue a receipt to the User. The Provider is also obliged to register received revenue with their respective tax administrator online; and in the case of technical failure, within forty-eight hours.

VIII. Copyrights

  1. The User acknowledges that the digital content made available to the User on the basis of a contract under this GTC (or computer program – software) is a creation of work as defined by Section 2, Paragraph 2 of Act No. 121/2000 Coll., The Copyright Act, as amended, and as such enjoys the protection provided by this Act (hereinafter also referred to as the “Work”).
  2. The Provider grants the User a personal, non-transferable, and non-exclusive license to use the Work with the possibility to grant a sub-license to an unlimited number of co-players in the respective game with effect from the time the User is granted access to download the digital content under a relevant contract, and the authorisation to use the Work to the extent as specified below (hereinafter referred to as simply the “License“). The License is granted for the territory of the Czech Republic and is valid for a limited period of time.
  3. The User acknowledges that the License is granted to the User for the period of time from when the User is allowed to download the digital content until the User plays the game to completion, but no longer than:

    • 2 months, in the event that the contract under this GTC is concluded with the User in the period between 1 April and 31 October of the given calendar year, regardless of whether the License was used, or
    • 5 months, in the event that the contract under this GTC is concluded with the User in the period between 1 November and 31 March, regardless of whether the License was used.
  1. If more than one co-player plays the game, then, for purposes of the previous paragraph in this article, the game is considered to have been played to completion after the first co-player has finished the game.
  1. The User acknowledges that in the event that the License granted under this Article of the GTC is not used, even though the Provider’s obligations under the contract have been met, the User shall not be entitled to a replacement, a repeat performance of the contract, or a refund of the paid purchase price.
  2. The License under this GTC article is provided solely for the purpose of using the services for the User’s own personal use, that is to play the relevant game through the application and use other related features with the right to grant a sub-licence to an unlimited number of co-players for the respective game.
  3. Unless otherwise expressly agreed upon by both parties, the User is not entitled to disseminate the Work or any part of it nor are they entitled to share the Work to the public, copy it, modify it, link it with another Work or make it a part of a collection of works, distribute it, sell it, rent it out, or in any way provide it to third parties. The User is also not entitled to use the Work for purposes of their own direct or indirect economic gain, nor are they allowed to reverse engineer the source code (reverse analytics) or even attempt to extract said source code.
  4. The fee for providing a License under this article is included in the price for provision of services under Article VII of these Terms and Conditions.
  5. In the event that any other copyrighted work (or any part thereof) within the meaning of Section 2 of the Copyright Act other than a computer programme is part of the digital content supplied to the User under the basis of a contract concluded under the terms of this GTC, then the License is subject to the same scope and conditions for this Work.
  6. In the event that the Provider is not the author of a specific Work that is a part of the digital content provided to the User on the basis of a contract under this GTC, or a person authorised to exercise in his own name and on his account of the author’s property rights as defined by Section 58 of the Copyright Act, the Provider grants the User a sub-license instead of a license under this Article. However, the scope of the User’s entitlement from the relevant sub-license and the terms of how it is granted remain unchanged.
  7. The User acknowledges that the Provider is the owner of the trademark “Hunter Games” registered with the Industrial Property Office, Registration No. 359749, which enjoys the protections provided by Act No. 441/2003 Coll., on Trademarks and the Amendment to Act No. 6/2002 Coll., on Courts, Judges, Associates and the State Administration of Courts and amendments to several other acts (the Act on Courts and Judges), as amended (the Act on Registered Trademarks).
  8. Except for the non-transferable personal right to use the services in accordance with these Terms and Conditions, Users do not acquire any intellectual property rights to the Provider’s own intellectual property rights or to the intellectual property rights of others by using the services. In particular, Users are not authorised in any way to use the Provider’s trademarks, logos and graphics and/or the name “Hunter Games,” unless it involves promoting the Provider and the Provider has given prior written consent to such promotional use.
  9. Unless both parties expressly agree otherwise, Users are not authorised to create derivative works based on the application, software or website.
  10. The User further acknowledges that while using the Provider’s services, the User is obliged to respect and abide by applicable legal regulations, in particular the Copyright Act, and is obliged to eschew from any interference with copyright and intellectual property rights, in particular the Provider’s copyright, software and web copyright pages.
  11. The User acknowledges that they may be affected by the applicable law for violation of copyright or other rights protected by law.
  12. The Provider respects the intellectual property rights of others and requests that all Users of their services do the same. If anyone has reason to believe that their copyrighted work has been published on the website or in the Provider’s application in a manner that constitutes copyright infringement, they must notify the Provider in a report that includes the following information:

    • A description of the copyrighted work or other intellectual property that has been infringed upon and the manner of its infringement,
    • Address, phone number, and email address
    • A physically or electronically signed statement that the above information is true and that there is a reason to believe that the intended use of the material has not been authorised by the copyright owner, its agent, or the law.
    • Copyright notices must be sent either in writing by post to Hunter Games, s.r.o., Pernerova 676/51, Karlín, 186 00, Prague 8, Czech Republic or via e-mail to info@hunter.games.
    • In the event of a breach of any obligation by a User who is not a Consumer, or a breach of any prohibition under Article VIII of these Terms and Conditions, the Provider is entitled to request that the User who is not a Consumer pay a contractual penalty in the amount of 500,000 CZK for each individual infraction.

IX. Withdrawal from the Contract

  1. By approving these Terms and Conditions pursuant to Article 1823 and Articles 1837(a) and 1837(l) of the Civil Code, the User expressly agrees and requests that the service pursuant to Article 1823(a) and Article 1837(a) of the Civil Code be provided and that the digital content as defined by Article 1837(l) of the Civil Code be delivered by the Provider before the expiry of the User’s contract withdrawal period in accordance with the provisions found in Article 1820, Paragraph 1 of the Civil Code.
  2. The User acknowledges that

    • in connection with the conclusion of a contract by means of remote communication (on the internet and through the application), the Consumer is entitled to withdraw from the contract within 14 days from the day following the date the contract was concluded without citing any reasons in accordance with the provisions of Article 1829, Paragraph 1 of the Civil Code, unless otherwise stipulated;
    • pursuant to Article 1837(a) of the Civil Code, the Consumer is not entitled to withdraw from the contract if the service was provided with his prior express consent before the expiry of the withdrawal period;
    • pursuant to Article 1837(l) of the Civil Code, the consumer is not entitled to withdraw from the contract for the delivery of digital content if it was not delivered on a tangible medium and was delivered with the Consumer’s prior express consent before the expiry of the withdrawal period;
    • pursuant to Article 1834 of the Civil Code, if the Consumer withdraws from the contract, the subject of which is the provision of services and the Provider has commenced performance of the contract on the explicit request of the Consumer before the expiry of the withdrawal period, they shall pay the Provider a prorated amount of the agreed price for the performance provided until the moment from which the contract was withdrawn;
    • the delivery of digital content is expressly understood as the first download of the relevant digital content to the User’s device pursuant to this GTC, and not the moment the User starts or finishes the game;
    • in view of the above, and with respect to the subject of performance of the contract, the User may withdraw from the contract as defined in Article 1829 of the Civil Code only if the User has not yet been provided with access to the digital content via the “Play Game” section of their user account in the application. This does not affect the User’s right to complain about the purchased goods in the event they were sent non-functional digital content.
  3. For purposes of exercising the right to withdrawal, the consumer must inform the Provider of his withdrawal from the contract by unilateral legal action (for example, by letter sent via postal service to the Provider’s registered address as listed below, or via e-mail sent to info@hunter.games). In such cases, the Consumer must clearly state that they are withdrawing from the contract and cite their order number to the Provider.
  4. In order to comply with the withdrawal period, it is sufficient to send the contract withdrawal before the relevant deadline expires.
  5. In case of withdrawal from the contract pursuant to Article 1829, Paragraph 1 of the Civil Code, the contract is abolished from the outset. The Provider shall terminate the provision of services without undue delay or make the digital content inaccessible to the User. The Provider shall return the funds received from the User without undue delay, no later than fourteen days after the delivery of the withdrawal from the contract and in the same manner as the Provider accepted them from the User.
  6. Rights and obligations related to withdrawal from the contract by Users other than Consumers arise from the relevant provisions of the Civil Code.
  7. The Provider is entitled to withdraw from the contract in the event that the services become unavailable or in the event of a serious change that has made it impossible for the Provider to fulfil their obligations under the contract. The Provider is also entitled to withdraw from the contract for reasons of force majeure or for reasons where the Provider, after exercising their best efforts as can be legally requested of them, is unable to deliver the services to the User within the time or price agreed upon in the contract. The Provider is obliged to inform the User of this fact without undue delay and to return to the User all financial compensation that was hitherto realised under the contract.
  8. The Provider also reserves the right to withdraw from the contract or any part thereof in the event of an obvious verbal or numerical error in the price of services (i.e. the price is clearly different from the usual price for this type of service). For example, an erroneous listing of figures, an obviously low price for services, and other obvious typographical errors are considered to be clear verbal or numerical mistakes in the price of services. In this case, the Provider will immediately contact the User to agree upon further action.
  9. The Provider is also entitled to withdraw from the contract or a part thereof in cases where the law so provides.

X. Rights Regarding Defective Performance Complaints

  1. The provisions of this Article shall expressly apply only to the rights regarding defective performance in relation to a User who is a Consumer. Rights regarding defective performance in relation to non-consumer users are governed by the relevant provisions of the Civil Code.
  2. The rights and obligations of the Provider and the User who is the Consumer regarding defective performance are governed by the relevant generally binding legal regulations (with regard to the subject of performance of the contract, which is services consisting of digital content access, in particular Article 2615 to Article 2619 of the Civil Code and pursuant to Article 2615 of the Civil Code extending by analogy those statutory provisions of Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection, as amended).
  3. The Provider expressly declares that they do not assume the quality guarantee as defined in Section 1919 or Section 2619 of the Civil Code.
  4. Services are defective if they do not correspond to what is agreed upon in the contract. The Provider is responsible for providing the User with the provided services (or for handing over the Work as defined in Section 2617 of the Civil Code) without any defects. If the services contain a defect at the time of delivery, it establishes obligations of the Provider regarding defective performance. Pursuant to Section 2618 of the Civil Code, the court does not grant the User rights regarding defective performance if the User fails to notify the service provider of defects without undue delay after discovering them or, in having due diligence, they should have discovered said defects, but no later than two years after the services were provided, and if the Provider objects that the right was exercised late.
  5. Regarding the delivery of digital content, at the time the User has taken over the digital content, the Provider is responsible for the following:

    • the digital content contains the properties upon which the parties have agreed, and if an agreement is missing, the digital content has the features that the Provider or manufacturer have described or that the User has expected with regard to the nature of the digital content and based on how said content was advertised,
    • the digital content is fit for the purpose the Provider has specified for its use, or for which digital content of its kind is commonly used,
    • the digital content corresponds to the quality or performance of the agreed sample or model if the quality or design has been determined on the basis of an agreed sample or model,
    • the digital content is delivered in the appropriate quantity and scale,
    • the digital content fulfils all legal requirements.
  6. The provisions found in the preceding paragraph shall not apply to digital content provided at a lower price due to a known defect for which a lower price has been agreed upon or if it is in the nature of the item. If a defect occurs within six months of receipt, it is deemed that the performance was defective at the time of receipt.
  7. The User is entitled to exercise their rights regarding defects that occur within 24 months of receipt of the contractual performance.
  8. Defective performance rights may be exercised by the User, in particular, when:

    • the User has paid for access to the digital content and the content was not delivered to their user account in the application,
    • after downloading the digital content, the User has found that different digital content than what was originally ordered has been delivered,
    • the digital content is corrupted.
  9. If the contractual performance does not contain the features established in Paragraph 5 of this Article of the GTC, the User may also request the provision of a new performance of the contract without defects, unless it is disproportionate to the nature of the defect, but if the defect relates only to the performance component, the User may only request the replacement of the component; if this is not possible, the User may withdraw from the contract. However, if the defect is disproportionate in regard to the nature of the defect, in particular if the defect can be remedied without undue delay, the User has the right to the removal of the defect free of charge.
  10. The User is entitled to a new performance of the contract or a replacement of the component even in the case of a removable defect if the performance of the contract cannot be used properly after a reoccurrence of the defect after it was repaired or for a greater number of defects. In that case, the User has the right to withdraw from the contract.
  11. If the User does not withdraw from the contract or does not exercise their right to be provided with a new performance of the contract without defects, a replacement of a component, or a repair of the performance, then they may request a reasonable discount. The User is entitled to a reasonable discount even if the Provider is unable to provide a new performance of the contract without defects, replace a component, or repair the defect. The User is also entitled to a reasonable discount if the Provider fails to remedy the situation within a reasonable period of time or if such a remedy would cause considerable difficulties for the Consumer.
  12. The User is not entitled to exercise rights regarding defective performance if the User prior to accepting the performance of the contract knew that the performance of the contract contained a defect or if the User himself caused the defect.
  13. If the performance of the contract has a defect by which the Provider is bound, and if the performance of the contract is provided at a lower price, the User has the right to a reasonable discount instead of the right to exchange the performance of the contract.
  14. In accordance with Section 1922 of the Civil Code, the User is obliged to notify the Provider of the defect without undue delay after having discovered such a defect in writing to the address specified in Paragraph 16 of this GTC or by e-mail sent to the Provider’s e-mail address listed therein.
  15. In accordance with the entitlement to exercise their rights regarding defective performance, the User also has the right to the reimbursement of costs efficiently incurred in exercising their rights regarding defective performance. The rights regarding defective performance do not exclude the right to compensation for possible damage. However, what can be achieved by exercising their rights regarding defective performance cannot be claimed for another legal reason.
  16. The User may exercise their rights regarding defective performance by one of the following options:

    • via e-mail sent to info@hunter.games,
    • by post to Hunter Games, s.r.o., Pernerova 676/51, Karlín, 186 00 Prague 8.
  17. The Provider shall provide the User with either a written confirmation or a confirmational e-mail that the Consumer has exercised their rights regarding defective performance. The confirmation will also include what the content of the complaint is and what manner of settlement of the claim the Consumer requires as well as a confirmation of the date and method of settlement of the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the claim.
  18. The Provider shall decide on the complaint immediately, or in complex cases, within three working days. This period does not include the period of time appropriate to the type of service required for the expert assessment of the defect. The defect complaint will be settled without undue delay, no later than 30 days from the date the claim was filed, unless the Provider agrees with the Consumer on a longer period. If the Provider rejects the claim as an unauthorised claim, the Provider is obliged to inform the User of their reason for rejecting the claim within the same timeframe.

XI. Other Communications and Obligations of Both Parties

  1. On the basis of the User using their services, the Provider has the right to provide third parties with references to services provided to the Users and to otherwise use this information for their own promotion, i.e., in particular, use the User’s name and service information provided for their own promotion with the exception of listing the price of the provided service.
  2. The Provider is not bound by any codes of conduct as defined in Section 1826, Paragraph 1(e) of the Civil Code.
  3. Out-of-court settlements of consumer disputes arising from a contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Reg. No.: 000 20 869, web address: http://www.coi.cz. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to settle disputes between a Provider and a User under contract.
  4. The European Consumer Centre, Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, web address: http://www.evropskyspotrebitel.cz is a point of contact according to EU Regulation No. 524/2013 of the European Parliament and Council from 21 May 2013 on Settling Consumer Disputes Online and on the Amendment to the EC Regulation No. 2006/20004 and 2009/22/EC Directive (Regulation on Settling Consumer Disputes Online).
  5. The Provider is entitled to provide services based on a trade license. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority supervises, inter alia, observance of the Consumer Protection Act No. 634/1992 Coll., as amended.
  6. The User hereby assumes the risk of a change of circumstances as defined in Article 1765, Paragraph 2 of the Civil Code.
  7. The User is obliged:

    • when using the services, to not promote products or services without the Provider’s consent;
    • to refrain from any action that would harm or threaten the Provider’s reputation;
    • in the event of a breach of these Terms and Conditions, to fully protect and indemnify the Provider or other Users against any claims (including claims for related costs) brought against the Provider as a result of such breach of these Terms and Conditions.
  8. The Provider is not liable to Users for failing to provide the services, nor is it in any way liable for damages or other harm that may arise to the User as a result of limiting, changing or terminating the service, disabling user access to their user account, deleting their user account or in the event of using any other of the Provider’s Company’s rights under this GTC or legal regulations. Furthermore, the Provider shall not be liable for any damage incurred by Users or third parties as a result of a breach of the Provider’s obligations or of force majeure. The provisions of the preceding sentence shall not apply to Consumers.
  9. By using the Provider’s services, Users, with the exception of Consumers, waive the right to claim compensation from the Provider for any harm they may incur as a result of using the services. The Provider acknowledges that the User may not waive the right to compensation for damage caused to them on their natural rights or caused intentionally or by gross negligence.

XII. Delivery

  1. The User may receive deliveries to the User’s electronic address provided by the User in the context of establishing their user account.

XIII. Final Provisions

  1. If the relationship based on the contract contains an international (foreign) entity, then the contractual parties agree that the relationship shall be governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
  2. If any provision of this GTC is invalid or ineffective, or becomes invalid, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision is without prejudice to the validity of other provisions.
  3. These Terms and Conditions form an integral part of the contract. Special agreements with the User made in the contract take precedence over the provisions of these Terms and Conditions that conflict with them.
  4. The Terms and Conditions do not grant rights to any third parties. The User is not entitled to proceed or otherwise transfer their rights arising from these Terms and Conditions to a third party without the Provider’s written consent.
  5. If the User violates these Terms and Conditions and the Provider fails to respond to this violation, this does not mean that the Provider waives any rights that may be attributable to them (such as the right to continue taking the necessary legal action to enforce their rights in the future) .
  6. If the User expresses their disagreement with these Terms and Conditions, they are not entitled to continue using the Provider’s services unless otherwise agreed upon with the Provider.
  7. The Provider is entitled to change these Terms and Conditions or any additional Terms and Conditions from time to time, for example due to changes in applicable laws, improvements or other service changes. In particular, the Provider is entitled to change these Terms and Conditions if the necessity of such a change results from legal regulations.
  8. By continuing to use the services after these Terms and Conditions have been changed and by clicking on the “I agree” button again, the User expresses their consent to the modified wording of these Terms and Conditions, or to the modified wording of the consent to processing personal data.
  9. The Provider undertakes to publish a report on the change of conditions on their website. Changes will not apply retroactively and will become effective no sooner than 8 days after they are posted. However, changes addressing new features for a given service or changes made for legal reasons will take effect immediately. If the User does not agree to the changed terms of a particular service, they are obliged to stop using the service.
  10. The User undertakes to check the Terms and Conditions regularly.
  11. The User acknowledges that if a suggestion for changing these Terms and Conditions is made, they will be obliged to use the Provider’s services and conclude contracts with the Provider according to these unchanged Terms and Conditions until the moment that such a change is expressly accepted by the Provider in writing.
  12. The rights and obligations under these Terms and Conditions remain in effect even after the User ceases to use the Provider’s services.
  13. Claims for contractual penalties under these Terms and Conditions are without prejudice to claims for compensation of damages in full.
  14. The Contract, including these Terms and Conditions, is archived by the Provider in electronic form and is not accessible.
  15. The Provider contact details:

    • The Provider’s registered office and delivery address: Hunter Games, s.r.o., Pernerova 676/51, Karlín, 186 00 Prague 8, Czech Republic;
    • email address: info@hunter.games
  16. These Terms and Conditions are effective as of 15.09.2017.

 

Annex No. 1 to GTC – Consent to the Processing of Personal Data

  1. If I am a natural person, I hereby grant the trading company Hunter Games s.r.o., Reg. No. 287 06 803, with a registered office in Praha 8 – Karlín, Pernerova 676/51, Post Code 186 00 registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 182629 (hereinafter referred to as the “Administrator”) consent to the processing of my personal data in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as the “Act”), or with effect from 25.5.2018 as defined by EU Regulation 2016/679 of the European Parliament and Council with effect from 27.2.2016 (hereinafter referred to as the “Regulation”) regarding the data entered on the form on the Hunter Games website/mobile application, i.e., first name, surname, addresses, e-mail addresses and phone numbers, and other data that Users voluntarily provide to the Administrator in connection with the conclusion of a contract (hereinafter referred to as “Personal Data”).
  2. I hereby grant consent to process data for the following purposes:

    • the Administrator’s sending of messages regarding services ordered to the extent that such processing of Personal Data may not be deemed necessary for the performance of the contract and/or in which it will not be deemed necessary for the purposes of the legitimate interests of the Administrator after the Regulation becomes effective (e.g. information regarding an approaching expiry of the game, etc.), for the duration of the rights and obligations under the contractual relationship with the Administrator and for the next 2 years;
    • improvement and expansion of the Administrator’s services (in particular, the overall improvement of their online store, the addition of mobile application features, etc.) and obtaining my opinion concerning, in particular, my level of satisfaction with the provided products/services and the Administrator’s company, etc., for a period of 10 years;
    • the Administrator’s sending of news, business messages and product and service offers via e-mail provided that the sending of such messages cannot be considered compliant with the requirements of Section 7, Paragraph 3 of Act No. 480/2004 Coll., on Certain Information Society Services (e.g. Commercial Communications Not Related to Similar Services by the Administrator) or that such processing of Personal Data will not be considered necessary for the purposes of the Administrator’s legitimate interests of the Administrator after the Regulation is in effect, for a period of 10 years.
  3. I declare that I hereby grant this consent freely and that I am aware that I am not obligated to provide Personal Data to which this consent relates (I provide Personal Data voluntarily). I further declare that I am over 16 years old.
  4. I acknowledge that I have the right to revoke the above consent for individual processing purposes at any time, in whole or in part, via an e-mail sent to info@hunter.games or by any other means of contacting the Administrator. However, the withdrawal of consent does not affect the lawfulness of the processing based on the consent given before its withdrawal.

I acknowledge that this consent to the processing of Personal Data does not apply to the processing of Personal Data, the processing of which is necessary for the performance of a contract to which I am a party. This data is marked with an asterisk, without which it will not be possible to conclude the contract with the Administrator. I acknowledge that for these reasons and for other reasons defined in the Act, or from 25.5.2018 in the Regulation, the Administrator may process Personal Data without such consent. Therefore, granting this consent is not a condition for ordering services from the Administrator or other cooperation with the Administrator.