Last Updated: August 15, 2023
Actum Games sp. z o.o. (“Actum Games,” “we,” “us,” “our,” and their derivatives) provides Snow Wars, including any playtest program (collectively, the “Game”), websites, including https://SnowWars.Games and its subdomains (collectively, the “Websites”), and other online services (with the Game and the Websites, the “Services”). Please read these Terms of Service (these “Terms”) carefully because they govern your use of the Services.
Agreement to Terms and Privacy Policy
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
BY USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY (THE “PRIVACY POLICY”) that you can find under URL: https://snowwars.games/privacy-policy/ THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY, DO NOT USE ANY OF THE SERVICES.
Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy that you can find under URL: https://snowwars.games/privacy-policy/ . Please let us know if you have any questions about our practices concerning the collection and processing of your personal information.
Children
In accordance with industry standards for virtual reality games, the Game is not designed for Children, and we do not intentionally or knowingly collect, use, store, disclose, or otherwise process any personal information about Children. If you become aware that a Child disclosed personal information to us, please contact us by emailing us at support@Actum.Games so we may remove their personal information. User age may be collected by the industry’s standard practices. We do not collect information about the age of our users; however, if we are notified that you are a Child, your account will be banned. A “Child” is a person under the age needed to consent to the processing of Personal Information in their country of residence.
Account Requirements
If you want to use the Game, you must be the minimum age required by industry standards for virtual reality games (e.g., 13 years of age in the United States) and must have a valid account with the respective platform (e.g., Steam or Meta Quest), as applicable (collectively, “Accounts,” and each, an “Account”). We do not administer Accounts; rather, they are administered by the respective platform provider. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. You must not permit a Child to access or use your Account. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Actum Games or third parties due to someone else’s use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions will then apply.
Intellectual Property Rights
All aspects of the Services, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, or underlying the Services, are owned by Actum Games, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2023 Actum Games sp. z o.o., Snow Wars™, and all related names, logos, product and service names, designs, and slogans are trademarks of Actum Games or its affiliates or licensors. You must not use such marks without our prior written permission, and we reserve all rights. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Limited License to Use the Services
These Terms permit you to use the Services and view and use the content contained in the Services for your personal, non-commercial use only. As to the Game, the license contemplated by this Section gives you a personal, non-exclusive, non-transferable, revocable, non-sublicensable, limited license to use one copy of the Game for your personal, non-commercial use for gameplay. For clarity, the foregoing license is only granted to those people that have purchased from or otherwise been given access to the Game by us or one of our authorized distributors. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Services. You must not access or use for any commercial purposes any part of the Services or materials available through them. No right, title, or interest in or to the Services or any content thereof is transferred to you, and all rights not expressly granted are reserved by Actum Games. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. We use geolocalisation by connecting to some IP API to get country code from the place the user is connecting to speed up choosing the first region we connect the user to and ensure he has the best experience by having the lowest ping, however, we do not store anywhere this information.
Feedback
You may elect to informally provide us with Feedback from time to time. You agree that Actum Games will own, and you hereby assign to Actum Games your intellectual property rights in and to any and all Feedback, and that Actum Games will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided by you, royalty-free and entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to us regarding the Services or any suggested improvements.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else’s use of the Services.
Exploit, harm, threaten, or harass anyone, or engage in any other conduct that affects anyone else’s use or enjoyment of the Services or may harm Actum Games, as determined by us.
Cheat, including, without limitation, by accessing the Game in an unauthorized manner, playing with multiple accounts for the Game, sharing accounts, using any techniques to alter or falsify a device’s location (for example, through GPS spoofing), or selling or trading accounts.
Use the Services, or any portion thereof, to send advertising or promotional material or for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms.
Impersonate or attempt to impersonate Actum Games or anyone else.
Use the Services in any way that violates applicable laws, or use the Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights.
Collect or store any personal information from the Services from other users of the Services, without their express permission.
Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services.
Use, display, mirror, or frame the Services, any individual element within the Services, the Actum Games’ name, trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Actum Games’ express written consent.
Access or use the Services for a purpose for which the Services are not intended.
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Violate any applicable laws or regulations.
Otherwise attempt to interfere with the proper working of the Services.
Termination
We have the right, in our sole discretion, to terminate your access to the Services, or any part thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with these Terms or any applicable law. You agree that any termination of your access to the Services may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Services.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE GAME, IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTUM GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACTUM GAMES, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE GAME. UNDER NO CIRCUMSTANCES WILL ACTUM GAMES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation, shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles. The exclusive jurisdiction and venue for any action arising from these Terms shall be the courts located in Warsaw, Poland, and each party hereby consents to the personal jurisdiction of such courts.
Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Contact Information
If you have any questions about these Terms or the Services, please contact us at:
Actum Games sp. z o.o. Attn: Legal Department Email: Support@Actum.Games
Or
Actum Games sp. z o.o. ul. Rondo ONZ 1, 00-124, Warszawa, Poland, EU.