USER AGREEMENT
This User Agreement (hereinafter referred to as the Agreement) defines the Terms of Use of the
RedPad Games AG (hereinafter referred to as the Company) website, hosted at:
https://dustlandbeta.redpad.games , for any person intending to use the Site, regardless from the purposes of such use, on the conditions indicated by the Agreement (hereinafter referred to as the User). A User who fully or partially disagrees with the terms of the Agreement and / or its annexes is not entitled to Use the Site and the services available on it and is obliged to immediately stop such use. By continuing to use the Site, you acknowledge that you have carefully read the Terms of Use and agree to all the provisions of this Agreement.
Notice! You must be, and hereby certify, that you are an adult of legal age in your country and state of residence. If you are under the age of majority, your legal representative must consent to this Agreement.
TERMS AND DEFINITIONS
"Agreement" – the present User Agreement governing the terms and order for the use of the Site by
Users.
"Consent to the Agreement" - the performance of one of the following actions by the User, which
unequivocally indicates that the User has fully read and unconditionally accepts the terms of the Agreement, its annexes located on the Site:
1) viewing the Site;
2) use of the General Functionality of the Site;
3) use of the Main functionality of the Site.
"Company" means RedPad Games AG, registered in Zug, Switzerland; registration number: CHE-
451.406.030, registered office: Switzerland, Zug, Aegeristrasse 5, 6300.
"User" - an individual who does not have legal restrictions on the acceptance of this Agreement, acting on his/her own behalf and in his/her own interests, or in the interests of third parties (at the same time, the person guarantees that he/she has the appropriate authority), who has used the Site, any services, features and/or features of the Site. If the User has not reached the age of majority in his/her country of residence, then such
User is required to provide additional documents from legal representatives expressing their consent to conclude
this Agreement and make transactions. Otherwise (including in the absence of legislative regulation of these legal relations), the User cannot accept this Agreement, and, as a result, use the Site.
"Site" - a set of information, web forms, software and hardware and intellectual property (including a computer program, database, Site Content), access to which is provided from the User's devices through special software for viewing the web pages (browser) by domain name:
https://dustlandbeta.redpad.games/ (equals to
http(s):// https://rpgc.netlify.app/, with/without the abbreviation "www"), including all subdomains, exclusive rights and/or the right to use which belongs to the Company.
“Use of the Site” means the following methods of using the General Functionality of the Website and/or the Main Functionality of the Website by the User, limited by the norms of the law and the terms of the Agreement and its appendices, by granting a personal, free of charge, simple (non-exclusive), inalienable license from the Company to the User within the specified limits, for a period and within the territory in which the Site remains available to the User:
- by reproducing the graphical part of the interface, the Site Content on the Device screen, in order to access services, functions and / or opportunities for use for their intended purpose, as provided for by explicit user functions provided by the Company to Users, as well as the Agreement, other related legal documents and applications to them;
- use of the available functionality of the Site in accordance with their purpose.
"Site Content" - a set of results of intellectual activity (RIA), as well as each RIA separately, which is the following content, including, but not limited to: any textual information, images, photographs, links, videos, audio recordings, and so on, the copyright holder of which is either the Company or other Users (if such RIAs have become available for perception by third parties through the actions of such Users) in relation to the Site.
"Terms of Use of the Site" - the performance by the User, as part of the Use of the Site, of actions aimed at exercising his rights, the scope of which depends on the relevant functionality of the Personal Account, on the terms of the Agreement, additions / changes to it and other related legal documents (Privacy Policy, Policy handling cookies, etc.)
"Products" - online computer games, the copyright holder and administrator of which is the Company, and which are posted on the Company's Website in particular, the online game “DUSTLAND”, which is protected by Copyright.
"Marketplace" - a trading platform on the Company's Website, where the Products and other paid
services provided by the Company are placed.
"Transaction" - The sale or purchase of Products in accordance with this Agreement.
"Items" - Virtual goods for use in computer games listed in the "https://dustlandbeta.redpad.games/ " section of the User's account on the Site.
RIGHTS AND OBLIGATIONS OF THE PARTIES:
In accordance with the Terms of this Agreement, the Company grants the User a non-exclusive
and non-transferable limited license to use the Site in accordance with the provisions set forth below. All rights not expressly granted herein are fully reserved by https://dustlandbeta.redpad.games/ , its advertisers, partners and licensors.
The Company hereby also grants the User permission to use the content of the Site, provided that
the User (1) uses it solely for personal, non-commercial purposes (except for trading in the Items posted on the Site, within the permitted limits); (2) does not modify or sell the content of the Site; and (3) does not reproduce, display, publicly display, distribute or otherwise use the content of the Site for any public or commercial purpose, including use of the content on any other Internet platform.
To use the general functionality of the Site, the User does not need to register a Personal Account
(Account), however, in order to download and use online games hosted on the Site, it is necessary to have a registered account.
In order to register an account, the User must provide the following personal data to the
Company: full name, email address, User/Account name. The procedure for accepting, processing and storing Personal Data is governed by the Privacy Policy posted on the Site.
Company has right to:
Suspend providing Users with permanent access to the Site (or individual functions and/or services) to the extent, in the manner and on the terms provided for by the Agreement, in case of malfunctions or access restrictions due to maintenance, modifications, deletion, extensions or introduction of additional functions, or in connection with systemic violations on the Internet (including on the server), in case of force majeure or other circumstances. Thus, the Company does not guarantee any specific function of the Site and is not responsible for the complete or partial failure of any specific function.
At any time, unilaterally and without the need to send a corresponding notification to the User and receive any consent from the User:
- delete and / or make changes to the sections of the Personal Account, the Service, as well as the
functionality of the Site.
- transfer your rights and obligations under this Agreement to a third party.
3. Company is obliged to:
3.1. Make every effort to provide the User with permanent access to the Site in order to use the Site by the User in the amount, manner and on the terms stipulated by the Agreement.
3.2. Act openly, in good faith, not violate the terms of the Agreement.
4. User has right to:
4.1. Use the Site, Site Content, Service to the extent, in the manner and on the terms specified in the Agreement and its annexes.
4.2. Exercise other rights provided for by the Agreement, its annexes, or applicable law.
5. User is obliged to:
5.1. Act openly, in good faith, not violate the terms of the Agreement.
5.2. Independently check the Agreement, as well as all annexes to it, for changes. The User's failure to take actions to familiarize himself with the Agreement and / or the amended version of the Agreement, annexes to it, cannot serve as a basis for the User's failure to fulfill his obligations and the User's failure to comply with the restrictions established by this Agreement. The actual Use of the Site by the User after changes are made to the terms of the Agreement, annexes to it, means the User's consent to the new terms.
5.3. Fulfill other obligations stipulated by the Agreement, its annexes, or applicable law.
6. The User is not entitled:
6.1. Use the Site, Site Content, Service, Products except to the extent, in the manner and on the terms specified in the Agreement, its annexes, without express written permission from the Company.
6.2. Provide the opportunity to use the Personal Account to third parties. The User is fully responsible for the safety of the data required to enter the Personal Account, independently choosing the method of their storage. At the same time, any actions performed using the User's Personal Account are considered to be committed by the relevant User.
6.3. To attempt to gain unauthorized access to online computer games hosted on the Site, as well as to computer systems or networks to which the Site is connected.
6.4. Performing other actions with respect to the Site and its content that violate the applicable law, as well as international norms of copyright law and the use of software.
WARRANTIES AND LIABILITY
7.1. To the maximum extent permitted by applicable law, the User agrees that the Company, its affiliates, agents and their officers, directors, employees are not responsible for any claim, loss or damage, including subsequent or special damages, lost profits or otherwise, arising in the process of using the Site. To the maximum extent permitted by applicable law, the User hereby disclaims any claims arising from contractual, tort or other grounds. The User understands and agrees that the Company enters into this Agreement in accordance with all the limitations of liability contained in this Agreement, which determine the distribution of the respective risks between the Parties.
7.2.The Company does not bear any obligations and responsibility in connection with the quality of the User's access to the Internet and the quality of the Internet connection, as well as in connection with the presence /absence of the equipment and software for Internet access by the User and the quality of such equipment and software.
7.3. The company is not responsible for failures or other problems in the operation of telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, as well as for failures in the operation of e-mail or scripts (programs).
7.4.The Company does not bear any responsibility to the User for losses, forced interruptions in business activity, loss of user and other data, for expenses (real, indirect, indirect), incidental losses, lost profits, lost income caused by the use and / or associated with the Use of the Site By the user.
APPLICABLE LAW AND DISPUTE RESOLUTION
8.1.Applicable law to the relations of the Parties under the Agreement: legislation of Switzerland.
8.2. If a dispute, controversy or claim arises out of or relates to the performance, termination or termination of the Terms of Use, both parties agree in good faith to attempt to resolve any dispute, controversy or claim through negotiation. If the claiming party is the Company, a claim letter is sent to the User's name in the Personal Account or to the User's e-mail specified in the account. The message in question must contain the essence of the claim and evidence in support of the claim.
8.3. The claim procedure for resolving disputes under the Agreement is mandatory for the Parties. The term for consideration of the claim is 60 (Sixty) calendar days from the date of receipt of the claim.
8.4.If the Parties do not come to a pre-trial agreement on the settlement of the dispute, then the dispute shall be submitted for resolution to a competent court in accordance with the legislation of Switzerland.
FINAL PROVISIONS
9.1.This Agreement shall enter into force for the User from the moment of his joining it by expressing
Consent to the Agreement, and is valid for the entire period of Use of the Site.
9.2.Recognition of any provision of this Agreement as invalid or unenforceable and its cancellation should not affect the rest of its provisions, and such invalid / unenforceable provision shall be replaced by a valid / enforceable and legally significant provision that is as close as possible in its economic content, meaning and effect to the original version of the Agreement.
9.3. Users may contact the Company by sending an email to support@redpad.games for further information and
support requests.
This User Agreement (hereinafter referred to as the Agreement) defines the Terms of Use of the
RedPad Games AG (hereinafter referred to as the Company) website, hosted at:
https://dustlandbeta.redpad.games , for any person intending to use the Site, regardless from the purposes of such use, on the conditions indicated by the Agreement (hereinafter referred to as the User). A User who fully or partially disagrees with the terms of the Agreement and / or its annexes is not entitled to Use the Site and the services available on it and is obliged to immediately stop such use. By continuing to use the Site, you acknowledge that you have carefully read the Terms of Use and agree to all the provisions of this Agreement.
Notice! You must be, and hereby certify, that you are an adult of legal age in your country and state of residence. If you are under the age of majority, your legal representative must consent to this Agreement.
TERMS AND DEFINITIONS
"Agreement" – the present User Agreement governing the terms and order for the use of the Site by
Users.
"Consent to the Agreement" - the performance of one of the following actions by the User, which
unequivocally indicates that the User has fully read and unconditionally accepts the terms of the Agreement, its annexes located on the Site:
1) viewing the Site;
2) use of the General Functionality of the Site;
3) use of the Main functionality of the Site.
"Company" means RedPad Games AG, registered in Zug, Switzerland; registration number: CHE-
451.406.030, registered office: Switzerland, Zug, Aegeristrasse 5, 6300.
"User" - an individual who does not have legal restrictions on the acceptance of this Agreement, acting on his/her own behalf and in his/her own interests, or in the interests of third parties (at the same time, the person guarantees that he/she has the appropriate authority), who has used the Site, any services, features and/or features of the Site. If the User has not reached the age of majority in his/her country of residence, then such
User is required to provide additional documents from legal representatives expressing their consent to conclude
this Agreement and make transactions. Otherwise (including in the absence of legislative regulation of these legal relations), the User cannot accept this Agreement, and, as a result, use the Site.
"Site" - a set of information, web forms, software and hardware and intellectual property (including a computer program, database, Site Content), access to which is provided from the User's devices through special software for viewing the web pages (browser) by domain name:
https://dustlandbeta.redpad.games/ (equals to
http(s):// https://rpgc.netlify.app/, with/without the abbreviation "www"), including all subdomains, exclusive rights and/or the right to use which belongs to the Company.
“Use of the Site” means the following methods of using the General Functionality of the Website and/or the Main Functionality of the Website by the User, limited by the norms of the law and the terms of the Agreement and its appendices, by granting a personal, free of charge, simple (non-exclusive), inalienable license from the Company to the User within the specified limits, for a period and within the territory in which the Site remains available to the User:
- by reproducing the graphical part of the interface, the Site Content on the Device screen, in order to access services, functions and / or opportunities for use for their intended purpose, as provided for by explicit user functions provided by the Company to Users, as well as the Agreement, other related legal documents and applications to them;
- use of the available functionality of the Site in accordance with their purpose.
"Site Content" - a set of results of intellectual activity (RIA), as well as each RIA separately, which is the following content, including, but not limited to: any textual information, images, photographs, links, videos, audio recordings, and so on, the copyright holder of which is either the Company or other Users (if such RIAs have become available for perception by third parties through the actions of such Users) in relation to the Site.
"Terms of Use of the Site" - the performance by the User, as part of the Use of the Site, of actions aimed at exercising his rights, the scope of which depends on the relevant functionality of the Personal Account, on the terms of the Agreement, additions / changes to it and other related legal documents (Privacy Policy, Policy handling cookies, etc.)
"Products" - online computer games, the copyright holder and administrator of which is the Company, and which are posted on the Company's Website in particular, the online game “DUSTLAND”, which is protected by Copyright.
"Marketplace" - a trading platform on the Company's Website, where the Products and other paid
services provided by the Company are placed.
"Transaction" - The sale or purchase of Products in accordance with this Agreement.
"Items" - Virtual goods for use in computer games listed in the "https://dustlandbeta.redpad.games/ " section of the User's account on the Site.
RIGHTS AND OBLIGATIONS OF THE PARTIES:
In accordance with the Terms of this Agreement, the Company grants the User a non-exclusive
and non-transferable limited license to use the Site in accordance with the provisions set forth below. All rights not expressly granted herein are fully reserved by https://dustlandbeta.redpad.games/ , its advertisers, partners and licensors.
The Company hereby also grants the User permission to use the content of the Site, provided that
the User (1) uses it solely for personal, non-commercial purposes (except for trading in the Items posted on the Site, within the permitted limits); (2) does not modify or sell the content of the Site; and (3) does not reproduce, display, publicly display, distribute or otherwise use the content of the Site for any public or commercial purpose, including use of the content on any other Internet platform.
To use the general functionality of the Site, the User does not need to register a Personal Account
(Account), however, in order to download and use online games hosted on the Site, it is necessary to have a registered account.
In order to register an account, the User must provide the following personal data to the
Company: full name, email address, User/Account name. The procedure for accepting, processing and storing Personal Data is governed by the Privacy Policy posted on the Site.
Company has right to:
Suspend providing Users with permanent access to the Site (or individual functions and/or services) to the extent, in the manner and on the terms provided for by the Agreement, in case of malfunctions or access restrictions due to maintenance, modifications, deletion, extensions or introduction of additional functions, or in connection with systemic violations on the Internet (including on the server), in case of force majeure or other circumstances. Thus, the Company does not guarantee any specific function of the Site and is not responsible for the complete or partial failure of any specific function.
At any time, unilaterally and without the need to send a corresponding notification to the User and receive any consent from the User:
- delete and / or make changes to the sections of the Personal Account, the Service, as well as the
functionality of the Site.
- transfer your rights and obligations under this Agreement to a third party.
3. Company is obliged to:
3.1. Make every effort to provide the User with permanent access to the Site in order to use the Site by the User in the amount, manner and on the terms stipulated by the Agreement.
3.2. Act openly, in good faith, not violate the terms of the Agreement.
4. User has right to:
4.1. Use the Site, Site Content, Service to the extent, in the manner and on the terms specified in the Agreement and its annexes.
4.2. Exercise other rights provided for by the Agreement, its annexes, or applicable law.
5. User is obliged to:
5.1. Act openly, in good faith, not violate the terms of the Agreement.
5.2. Independently check the Agreement, as well as all annexes to it, for changes. The User's failure to take actions to familiarize himself with the Agreement and / or the amended version of the Agreement, annexes to it, cannot serve as a basis for the User's failure to fulfill his obligations and the User's failure to comply with the restrictions established by this Agreement. The actual Use of the Site by the User after changes are made to the terms of the Agreement, annexes to it, means the User's consent to the new terms.
5.3. Fulfill other obligations stipulated by the Agreement, its annexes, or applicable law.
6. The User is not entitled:
6.1. Use the Site, Site Content, Service, Products except to the extent, in the manner and on the terms specified in the Agreement, its annexes, without express written permission from the Company.
6.2. Provide the opportunity to use the Personal Account to third parties. The User is fully responsible for the safety of the data required to enter the Personal Account, independently choosing the method of their storage. At the same time, any actions performed using the User's Personal Account are considered to be committed by the relevant User.
6.3. To attempt to gain unauthorized access to online computer games hosted on the Site, as well as to computer systems or networks to which the Site is connected.
6.4. Performing other actions with respect to the Site and its content that violate the applicable law, as well as international norms of copyright law and the use of software.
WARRANTIES AND LIABILITY
7.1. To the maximum extent permitted by applicable law, the User agrees that the Company, its affiliates, agents and their officers, directors, employees are not responsible for any claim, loss or damage, including subsequent or special damages, lost profits or otherwise, arising in the process of using the Site. To the maximum extent permitted by applicable law, the User hereby disclaims any claims arising from contractual, tort or other grounds. The User understands and agrees that the Company enters into this Agreement in accordance with all the limitations of liability contained in this Agreement, which determine the distribution of the respective risks between the Parties.
7.2.The Company does not bear any obligations and responsibility in connection with the quality of the User's access to the Internet and the quality of the Internet connection, as well as in connection with the presence /absence of the equipment and software for Internet access by the User and the quality of such equipment and software.
7.3. The company is not responsible for failures or other problems in the operation of telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, as well as for failures in the operation of e-mail or scripts (programs).
7.4.The Company does not bear any responsibility to the User for losses, forced interruptions in business activity, loss of user and other data, for expenses (real, indirect, indirect), incidental losses, lost profits, lost income caused by the use and / or associated with the Use of the Site By the user.
APPLICABLE LAW AND DISPUTE RESOLUTION
8.1.Applicable law to the relations of the Parties under the Agreement: legislation of Switzerland.
8.2. If a dispute, controversy or claim arises out of or relates to the performance, termination or termination of the Terms of Use, both parties agree in good faith to attempt to resolve any dispute, controversy or claim through negotiation. If the claiming party is the Company, a claim letter is sent to the User's name in the Personal Account or to the User's e-mail specified in the account. The message in question must contain the essence of the claim and evidence in support of the claim.
8.3. The claim procedure for resolving disputes under the Agreement is mandatory for the Parties. The term for consideration of the claim is 60 (Sixty) calendar days from the date of receipt of the claim.
8.4.If the Parties do not come to a pre-trial agreement on the settlement of the dispute, then the dispute shall be submitted for resolution to a competent court in accordance with the legislation of Switzerland.
FINAL PROVISIONS
9.1.This Agreement shall enter into force for the User from the moment of his joining it by expressing
Consent to the Agreement, and is valid for the entire period of Use of the Site.
9.2.Recognition of any provision of this Agreement as invalid or unenforceable and its cancellation should not affect the rest of its provisions, and such invalid / unenforceable provision shall be replaced by a valid / enforceable and legally significant provision that is as close as possible in its economic content, meaning and effect to the original version of the Agreement.
9.3. Users may contact the Company by sending an email to support@redpad.games for further information and
support requests.
© 2023 REDPAD GAMES AND DUSTLAND ARE TRADEMARKS OF REDPAD GAMES AG
®. ALL OTHER TRADEMARKS AND TRADE NAMES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS
© 2023 REDPAD GAMES AND DUSTLAND ARE TRADEMARKS OF REDPAD GAMES AG
®. ALL OTHER TRADEMARKS AND TRADE NAMES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS
®. ALL OTHER TRADEMARKS AND TRADE NAMES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS
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