1.3. Reality Sport Ltd. provides online services subject to its technical and operational capabilities at an annual mean rate of availability of 95.0%, not including periods during which the use of online services is disrupted or restricted for compelling technical reasons or as a result of maintenance needed, for which Reality Sport Ltd. bears no liability under the terms hereof.
1.4. Reality Sport Ltd. develops, updates and otherwise adapts its online games and other services on an ongoing basis. Accordingly, users may only participate in the online services in their then-current versions.
1.5. The online services offered by Reality Sport Ltd. are provided for entertainment purposes only and may not be used for financial reward or commercial purposes.
1.6. It is the user's responsibility to ensure the compatibility and suitability of any software and hardware used.
1.8. For certain services, users may have the option to take advantage of services offered by Reality Sport Ltd.'s contractual partners. In this case, a separate agreement is entered into between users and Reality Sport Ltd. contractual partner, of which the user is alerted in a suitable manner in advance.
2.1. In order to use online services offered by Reality Sport Ltd., users must register.
2.2. Only individuals are permitted to register, and only individual persons (not groups, families, live-in partners, etc.) are admitted as users. Users who are under 13 years of age represent and warrant that they obtained their legal guardian's consent prior to registering.
2.3. When registering, users must provide a user name as well as an email address registered to them. Users hold no right to use a user name of their choice. The user names must not violate third-party rights or be offensive in nature. In addition, no email address or URL may be used as a user name. Users represent and warrant that the information they provided when registering with Reality Sport Ltd.is accurate and complete.
2.4. Users must register in person; they cannot be registered by third parties, including but not limited to those that register individuals with various tele-services in a commercial capacity (registration services).
2.5. Registrations are approved on the Reality Sport Ltd. portal and online pages by means of a confirmation email, which provides users with an activation link. In these cases, Reality Sport Ltd. activates the user's account if and when the activation link is clicked. Once Reality Sport Ltd. has activated an account or admitted a user, such user and Reality Sport Ltd. enter into a user agreement for an unlimited period of time subject to these terms. In some cases, the registration process may deviate from the procedure outline above, in which case the user will be alerted in a suitable manner.
2.6. Once users have successfully registered, they can create and independently manage their user accounts, including their Profile information.
2.7. User accounts cannot be transferred without Reality Sport Ltd.'s written approval.
3. Disclosure as to rescission
Right of rescission
You are entitled to rescind the agreement in writing (e.g., mail, facsimile, email) within two weeks. Reasons need not be given. To be effective, notices of rescission need only be dispatched in time and shall be addressed to email@example.com
Effects of rescission
In the event of an effective notice of rescission, such services as may have been received and such benefits (e.g., interest) as may have been drawn on either side shall be reversed and/or returned. In the event that you cannot reverse and/or return all of the services you accepted from us in the condition in which they were provided, you may owe compensation as appropriate. Obligations to reimburse payments must be satisfied within 30 days from the date on which your notice of rescission was dispatched or, in our case, received.
Your right of rescission lapses prematurely if (i) Reality Sport Ltd. has begun providing a service with your express consent or (ii) you yourself initiated such a service prior to the deadline for rescission. This should be assumed to be the case if you participated in online games or took advantages of other services.
4. User's obligations
4.1. User data
Users undertake to notify Reality Sport Ltd. of all future changes to the information they provided as part of the registration process, including but not limited to changes to their email addresses. Users are obligated, upon Reality Sport Ltd.'s request, to confirm that their information is accurate.
4.2. Login data, IDs, passwords
4.2.1. Users are obligated to hold their login information, IDs and passwords in strict confidence. Users must not enter login data on web pages other than those operated by Reality Sport Ltd..
4.2.2. The terms “login data,” “IDs” and “passwords” refer to the combinations of letters and/or characters and/or numbers used to authenticate users and prevent unauthorized third-party access. Passwords should not be identical to the player name and ideally combine numbers and letters.
4.2.3. Users are obligated to protect login data, IDs and passwords against unauthorized third-party use.
4.2.4. In the event that users have reason to believe that third parties have obtained, or might have obtained, such data without authorization, they must immediately notify Reality Sport Ltd. and change their data or have Reality Sport Ltd. change it. In this case or in the event that Reality Sport Ltd. has reason to suspect unauthorized use of data, Reality Sport Ltd. is entitled to temporarily block such users' access. Access privileges shall be restored once unauthorized use of data is no longer suspected.
4.2.5. Under no circumstances are users entitled to use the login data of other users, unless the rules of the game provide for exceptions.
4.3. Use of Reality Sport Ltd.'s web pages and contents
4.3.2. “Contents” refer to all data, images, texts, graphics, songs, tones, tone sequences, videos, programs, software codes and other information provided by Reality Sport Ltd. on its web pages, including but not limited to services offered for download.
4.3.3. Users undertake to refrain from (i) taking any action endangering or disrupting the functionality of Reality Sport Ltd.'s web pages or any service offered thereon, and (ii) accessing restricted data without authorization. The contents offered may be viewed only in a manner compatible with other users' enjoyment of Reality Sport Ltd.'s web pages and contents. Data or software capable of affecting a recipient's software or hardware must not be transmitted.
4.3.4. The use of Reality Sport Ltd.'s web pages for commercial purposes, including but not limited to advertising, is subject to Reality Sport Ltd. express prior written consent.
4.3.5. Users hold no right to publish contents on Reality Sport Ltd.'s web pages.
4.3.6. Reality Sport Ltd.'s web pages may not be accessed using an anonymization service obscuring the user's actual IP address.
It is permitted to link to Reality Sport Ltd.'s web pages so long as links serve cross-reference purposes only. Reality Sport Ltd. reserves the right to revoke its permission. It is not permitted to incorporate or represent Reality Sport Ltd.'s web pages or contents into or in a frame using a hyperlink.
5. Special terms for use
5.1. Unless the rules provide for exceptions, users are restricted to a single user account. The use of multiple user accounts is not permitted, and Reality Sport Ltd. may, at its option, delete or block multiple user accounts at any time.
5.2. Users are prohibited from manipulating or disrupting online voting, game and other service. In particular, users must not employ measures, mechanisms or software that may interfere with the game's function or intended course. Likewise, users must not adopt measures that may burden the technical capacities to an unreasonable or excessive degree. Users are not permitted to block, overwrite or modify contents generated by the game authority or otherwise interfere with online games.
5.3. Users are further prohibited from accessing online games (including any individual web page) using programs other than a web browser or the client program provided. This is especially true for so-called bots and other tools designed to replace or change Web interfaces. Also prohibited are scripts and fully or partly automated programs giving users a competitive edge over other users, including auto-refresh functions as well as other integrated web-browser mechanisms where automated actions are concerned.
5.4. Under no circumstances may users:
a) create or use cheats, mods and/or hacks or use other third-party software altering the experience of online game players;
b) employ software for the purpose of mining data or otherwise “catch” or collect information related to the online game;
c) buy or sell for “real” money, exchange or otherwise put virtual items that may be used in the online game to use outside of it, including by way of circumvention, similar methods or actions the effects of which fall under the aforementioned restrictions.
5.5. The use of tools to suppress ads is prohibited. For this purpose, it is of no consequence whether only specific ads are suppressed or so-called pop-up blockers or text-based browsers are used to prevent ads from being displayed.
5.6. Users may log in only on a Reality Sport Ltd. portal page. User accounts must not be opened automatically regardless of whether the start page is displayed.
5.7. All rights to the virtual items provided in the online game against a fee inure to the sole benefit of Reality Sport Ltd. and/or its authorized contractual partners. The same is true for virtual items created by users, who grant Reality Sport Ltd., throughout the world, in perpetuity and without limitation, an exclusive right of beneficial use to such items, which encompasses their duplication, distribution and processing. Users merely hold a non-exclusive right of beneficial use to such items, which is limited to the term of the agreement.
6. Special terms for use of means of communication on Reality Sport Ltd.'s web pages
6.1. Reality Sport Ltd. may provide, but users are not entitled to, various means of communication (including but not limited to discussion forums, chats, blogs, guest books, etc. as well as comment functions) for users to post their own contents and contributions on Reality Sport Ltd. web pages. Users are permitted to take advantage of such means to the extent available. Reality Sport Ltd. merely facilitates an exchange of information by technical means.
6.2. Users are solely responsible for any content and contribution they introduce and undertake to indemnify and hold Reality Sport Ltd. harmless from and against third-party claims. While Reality Sport Ltd. specifically does not claim ownership of user-posted comments, users grant Reality Sport Ltd. a permanent, irrevocable and non-exclusive right to use contents and contributions posted by them. Reality Sport Ltd. stresses that it does not actively monitor user contents posted on its pages. Instead, it randomly samples such contents, and each user has the option to report posts to Reality Sport Ltd. that may violate applicable law, in which case Reality Sport Ltd. will respond as quickly as possible and edit or delete flagged contents to the extent necessary.
6.3. Users are prohibited from using any tool, including but not limited to the means of communication available on Reality Sport Ltd.'s web pages, to publish or distribute contents thereon that:
a) violate applicable law or prevailing moral or ethical standards;
b) infringe upon third-party trademarks, patents, industrial and other registered designs, copyrights, trade secrets or other third-party rights;
c) are obscene, racist, pro-violence or pornographic in nature or otherwise endanger the wellbeing or character of children and youths;
d) are offensive, harassing or libelous in nature;
e) contain chain letters or snow-ball systems;
f) wrongly create the impression of having been posted or endorsed by Reality Sport Ltd.;
g) refer to personal data of third parties without such parties' express consent; or
h) are commercial in nature and/or serve advertising purposes.
6.4. URLs, companies or products must not be named if and to the extent that they are primarily mentioned for advertising purposes.
6.5. All users of the means of communication provided on Reality Sport Ltd.'s web pages are obligated to express themselves in a non-offensive manner and to refrain from ridiculing or otherwise attacking others.
7. Consequences of breach of duty
7.1. Reality Sport Ltd. is not liable for damages resulting from breaches of duty attributable to users.
a) edit or delete content;
b) issue user warnings;
c) flag misconduct in relevant online games and identify responsible users;
d) temporarily or permanently deny users access to the Reality Sport Ltd. game and/or web page;
e) exclude users;
f) issue temporary or permanent bans for all of Reality Sport Ltd.'s web pages in cases of violations of Section 6; or
g) terminate user agreements with immediate effect.
7.3. Users who have been banned or excluded cannot re-register without Reality Sport Ltd.'s prior consent and hold no right to have the ban, exclusion or other restrictive measure lifted.
8. User fees
8.1. Unless specifically noted otherwise, the use of the online game and other services is free of charge.
8.2. However, users may purchase paid membership packages, in which case they will be separately notified on the website of the nature of such packages, including but not limited to their functions, periods of availability, costs as well as methods of payment.
8.3. Minors wishing to purchase membership packages represent and warrant that the funds used to pay for such features were made available to them for this purpose, or placed at their disposal, by their legal guardians.
8.5. Users represent and warrant that any information provided as part of the payment process (including but not limited to bank information, credit card numbers, etc.) is true and accurate.
8.6. The methods of payment vary depending on the user country as well as the means and technologies available. Reality Sport Ltd. reserves the right to amend the methods of payment at any time.
8.7. Reality Sport Ltd. further reserves the right to change the fees for membership packages, which encompasses the right to lower or raise the rates for future membership purchases.
8.8. In the event of default, interest accrues at the legal rate. Reality Sport Ltd. is further entitled to block the account of any user in default, to demand additional damages or suspend its services to such user.
8.9. If, through a user's fault, Reality Sport Ltd. incurs (check) cancellation fees (e.g., as a result of insufficient user funds), such user shall bear any related costs, and Reality Sport Ltd. may include such costs and fees when debiting the charges again. If payment is made by credit card, cancellation fees may amount to EUR 50 per charge plus any bank fees incurred by Reality Sport Ltd.. Reality Sport Ltd. is entitled to claim additional damages.
9. Limitations of liability
9.2. Irrespective of legal grounds (breach of contractual duty or tort), Reality Sport Ltd.'s liability is conclusively subject to the following provisions:
9.2.1. Insofar as Reality Sport Ltd. provides the service triggering liability free of charge, Reality Sport Ltd. is liable for intentional misconduct and gross negligence only.
9.2.2. For services provided against a fee, Reality Sport Ltd. bears unlimited liability for intentional misconduct and gross negligence in cases of bodily injury; in the event of slight negligence, however, Reality Sport Ltd.'s liability is limited to breaches of material contractual duties as well as default and instances of impossibility attributable to it. Its liability for violations of such material contractual duties is limited to the typical amount of damages it should have anticipated at the closing on the basis of the circumstances of which it was then aware. “Material contractual duties” in the aforementioned sense refer to duties that are essential to the proper implementation of the agreement and the realization of its object and are reasonably relied upon by users.
9.2.3. Reality Sport Ltd. accepts no liability for network disruptions it did not cause.
9.2.4. Subject to the foregoing paragraphs, Reality Sport Ltd.'s liability for the loss of data is limited to instances in which users could not have avoided such loss by means of appropriate data-security precautions.
9.2.5. The above limitations of liability do not apply in cases (i) in which Reality Sport Ltd. made express warranties, (ii) of deception, (iii) of damages resulting from injuries to life, body or health and (iv) in which applicable law mandates otherwise.
10. Term, deletion of user accounts
10.1. Unless otherwise stipulated for the online game or service, the agreement on the use of the Reality Sport Ltd. portal, online game and other services is entered into for an unlimited period of time and commences upon a user's admission or clearance by Reality Sport Ltd..
10.2. Even in the absence of good cause, each party may terminate the agreement with immediate effect, provided no specific term was agreed upon. If the parties agreed on a specific term, the agreement may not be terminated until the end of its term. Unless and until terminated, any agreement with a specific term automatically renews for the length of the original term.
10.3. Each party is entitled to terminate the agreement with immediate effect for good cause. Good cause is present especially if and when:
a) users default on payments of fees and fail to pay despite a reminder;
b) users engage in conduct that materially compromises the game experience of other players;
c) cheats, mods and/or “hack” or other software, tools or scripts are used to the effect of changing the experience and/or mechanism of online games;
d) a user's account is used to vote and/or play by third parties;
f) users put virtual items that may be used in the online game to use outside of such online game or attempt to exchange or buy or sell them for “real” money; or
10.4. Notice of termination must be given in writing, email being an acceptable means of written communication.
10.5. In the presence of good cause (e.g., extended period of inactivity), Reality Sport Ltd. is entitled to delete user accounts. In addition, Reality Sport Ltd. may, at its option, delete user accounts upon the end of the term.
11.1. Personal user data is not compiled, processed or used unless the user in question consents or applicable law permits.
12. Applicable law, legal venue
12.1. The laws of the Republic of Bulgaria apply to the exclusion of the U.N. Convention on Contracts for the International Sale of Goods (CISG).
13.2. Users cannot transfer rights and obligations under this agreement without Reality Sport Ltd.'s prior written approval.
13.3. Users may set off counter-claims only if and to the extent that such claims have been effectively established or recognized by Reality Sport Ltd. or are undisputed. Users may exercise a right of retention only with respect to claims hereunder.
Copyright © 2012-2013 Reality Sport Ltd. All rights reserved.