You are now on the website of the AbcPlay Company (hereinafter – the
“Company” or its definition without the quote marks), which operates
and runs the website www.abcplay.online (hereinafter – the “Site” or
“Website” or their definitions without the quote marks). When speaking
about the site, we mean all the websites, including any affiliated or
partner websites, where these Terms of Use (hereinafter – the “Terms”,
“Terms of Use”, or “Terms and Conditions”, or their definitions
without the quote marks) are posted and are valid for. The definition
of the Company may include such parts of it, legal and natural, as
shareholders, partners, affiliates, directors, officers, subsidiaries,
employees, agents, suppliers, third party information providers,
licensors, licensees, distributors, and/or contractors.
The
website includes the games, associated content, virtual and another
environment, downloadable and user-posted content, apps, and software
suitable for tabletop and hand-carried devices that may be used to
access the site. Every user of the site by entering this site shall
agree to use it according to these Terms; otherwise, a user has to
leave the site immediately. By accepting these Terms, a user agrees
that he or she completely read them, understands them, agrees to
everything stated in them, and shall comply with everything contained
therein. These Terms refer to the company’s Privacy Policy, which is
an integrated part of the Terms.
Terms and every part of it,
including the integrated Privacy Policy, may change at times, at the
discretion of the Company. No prior or following notice about the
update or amendment of the Terms is published or given by the company
anyhow. If a user wishes to stay up-to-date with the changes to these
Terms, he or she shall visit this page and read the Terms on their
own. Continuing to use the site after any changes to the Terms took
power means automatic acceptance of all changes and the usage of the
revised version of the Terms as they are given. If a user disagrees
with the Terms fully or partially, he or she has to leave the website
immediately and stop using any and all of its services.
Usage of the website
Every user agrees to use this
site only for personal entertainment, according to the purposes
allowed by the law and not to do any of the following:
• Upload
on the website and transmit through it any information that is
illegal, obscene, harassing, contains hatred of any kind, defamatory,
indecent, or anyhow objectionable, or which infringes any copyright
• Use the website to do any legal violations or infringements by
the law of any country or jurisdiction
• Read, write, modify,
delete, or otherwise interfere with any workflow of information and
lettering, which is not intended for you or created by you
•
Make your own judgments on any information about affiliation or
association of a person or legal entity connected to this website or
the Company
• Use the website to advertise or popularize any
business or other website on the Internet
• Restrict or make it
harder for anyone to use this website
• Upload any information
or files that may lead to damage of work or workflows on this site for
the Company or other site users, including any viruses, corrupt data,
or malware
• Collect any information about the Company or users
of the website without their prior written consent
• Upload and
post spam messages, letters, or other content of this kind
•
Distribute any information that would interfere with contractual
obligations of the Company
• Exchange, provide, transmit,
publish, solicit any information that would contain user data,
including any personal or financial information, or source code of the
website or any of its parts and affiliated parties, information about
the Company or any of its partners, without the prior written consent
of the Company
• Abuse, harass, phish, or stalk any user of the
website or infringe with their pastime on the website
• Harm
website’s users anyhow.
Every user of the website agrees to follow any possible codes of
conduct described for this website, if any, and do not interfere with
them, as well as with any policy or another document of the website
that describes user behavior on the website.
Any user that says
or writes its opinion by a message, letter, blog, chatroom, board, or
another public means of self-expressing bears the sole responsibility
for the content and nature of such expression or thought and this does
not reflect in any matter or anyhow the opinion or thoughts of the
Company or any of its affiliated parties. Thus, the company shall not
carry any responsibility in the connection to user self-expression and
opinion expression. Any user shall understand that he or she bears
sole responsibility for the expression of the opinion or thoughts and
bears full responsibility for any possible consequences of his or her
actions, including the consequences for the infringement of other
requirements of these Terms: legal, administrative, financial,
criminal, business, or civil.
When a user uploads any file or
information to the website, he or she guarantees that this information
is legally produced by a user, completely and solely belongs only to
him or her, and does not violate or infringe any copyright or other
rights of anyone, and can be distributed freely. User also guarantees
that he or she has the full and unlimited right to post and distribute
the content and guarantees its legality, reliability & ownership,
which are not infringed or revocable, and are royalty-free and act
throughout the entire world. The company is free to use, distribute,
duplicate, display, give, send, change, publish such user content in
any manner it chooses after this content was published by a user on
the website.
A user shall not use, exploit, duplicate,
distribute, change, or otherwise use any part of the website’s content
for commercial or marketing purposes without a written consent given
by the Company for such actions.
Any part of the website shall
be used by users only for the purpose of personal entertainment. A
user cannot collect any information from this website, including
virtual items, pre-paid cards, or the virtual currency of the site for
any other purpose that differs from the purpose of personal
entertainment.
A company reserves the right (but this does not
assume any responsibility of the company to do so) to remove/delete
any information and files on the website that were uploaded or posted
by users that infringe the copyright, the laws of any country or
jurisdiction, without any prior notice or consent of those users who
posted or uploaded such files or information.
The company
reserves the right to record any user communication and to terminate
access right to the website or any part therein to any of its users.
The company does not bear any responsibility for any
user-generated content, including files, messages, and posts but
reserves the right to delete it if there will be such necessity or
requests from any owners of the copyright to delete such content. The
company may also require the deletion of the content from a user who
posted it. The company also reserves the right to undertake any
necessary actions to protect its rights & obligations, rights and
obligations of its users, business partners, or affiliates, as well as
for the sake of preserving personal and public safety and morals.
Privacy protection and protection of personal information
Privacy Policy, which is an inherent part of these Terms,
describes everything connected to the privacy protection and
protection of personal information.
Downloads of information to user devices
Users may
choose to download any information from the website to their devices,
tabletop, or hand-carried. The Company may not guarantee that any such
downloadable information, including apps, is fully or partially
compatible with any user device, including updates of such
information. The company reserves the right (but is not obliged to) to
provide updates for the information to make it compatible with user
devices.
Charges of data
When a user accesses any part of
the website or connected information or services, he or she may bear
expenses connected to receiving access to such information paid to any
third parties, for instance, to an Internet provider of a user for the
usage of the Internet. A user agrees that it is his or her sole
responsibility to bear any charges and payments to any third parties
connected to receiving access to the website or any of its parts,
products, or services.
Usage of content and copyright restrictions
The
company and/or its partners have the full ownership, copyright, or
license-ship of information contained on the website and/or any of its
affiliate sites (including video, text, audio, graphical content,
processes, design, systems, marks, and other elements therein). These
rights are protected by Ukrainian and other national and international
rights and they regard trademarks, copyright, trade secrets, know-how,
and the rest of connected information and rights. A user is given the
right to use any of the mentioned solely and exclusively for his or
her personal amusement and entertainment, according to the roles
assigned to users by a website. A user cannot and shall refrain from
copying, modification, getting illegal access, deletion, altering,
transmission, distribution, republishing any part of the website or a
website in its completeness without the prior written consent of the
Company and/or owners of authorship or legal rights. A user is allowed
to store information on RAM and hard drive of a user device for the
purpose of technical and technological work of the website on the user
device according to the normal functionality of the website, including
cashed data and information, such as cookies, as well as a user can
print copies of site’s pages on paper using a printing device, without
any possible modifications done on the website’s pages before printing
them. During the usage, storage, or printing of any content and part
of the website, no intellectual, legal, financial, or any other rights
are transferred to a user from the Company.
Software and downloading
When a user downloads any
information, data, or apps from the website, he or she receives the
usage license for such information, data, or apps. A user can only use
the information, data, or apps for self-entertainment and may not
transfer these to any other third party, a natural person or a legal
entity. A user cannot open the source code of the downloaded
information, data, or apps, as well as modify, compile, decompile,
change, alter, archive, get from the archive, adapt, assemble,
disassemble, or anyhow otherwise change and/or distribute or exchange
any part of the information, data, or apps downloaded from the website
or otherwise received from the Company. A company has the right to
revoke the rights to use any part of downloaded information, data, or
apps by a user with or without the prior user notice or consent. When
any revocation occurs, a user is obliged to return to the company any
part or information, data, or apps in full (or immediately delete them
if returning is not possible technically and/or technologically).
If there is any license, restrictions of use, disclaimers, or
warranties made for such information, data, or apps that infringe with
these Terms, then the provisions of the license, restrictions of use,
disclaimers, or warranties shall prevail.
Access to the website
A user shall not use any
automatic or mechanical device or software to access the website
(including script, spider, robot, process, or any type of software or
hardware means), as well as a user cannot use any of the named to
monitor the website, processes on it or any of its parts, including
any authorized or unauthorized access or action, as well as the one(s)
that would interfere or would attempt to interfere with the site’s
normal functioning or increase the workload on the website’s normal
functioning and/or company’s infrastructure. It is also prohibited to
use any of the named to refresh or reload pages, make any transactions
or visiting links and opening other pages of the website or affiliated
websites, which would make it more often than once per 5 seconds.
Trademarks
The company and/or its business
partners/affiliates/contractors/connected parties/licensors own the
trademarks of the website, connected, and associated information, such
as logotypes, names, products, services, business processes, design,
service names, company names, slogans, software, hardware, brands,
marks, and identifiers, unless specifically specified in written. The
company may use any of the named that belong to other owners and third
parties and companies when fulfilling its work, according to the
agreements between the company and such owners and third parties.
Liability of the company and its connected parties
The company and any of its connected parties do not bear any
liability for any piece of information located on the website and any
of its affiliated websites, which means that users use this website at
their own risk and discretion. The company and any of its connected
parties place all information on the website as is, may not and will
not bear responsibility or be responsible for any damages caused by
the usage or non-usage of the site or any of its parts, or connected
to its existence, action, or nature, including under-received or not
received profits of users, including any possible broken contracts or
agreements users might have with any other third party in connection
to the website or any of its parts or functions, including any direct
or indirect damages of any nature borne by anyone, and it does not
provide any type of warranty, guaranty, expressed or implied, for
anything located therein, independently of sums, volumes, or natures
of information, losses, or processes.
Interaction with users
A user may have a connection
with any other user of the site, including informational and opinion
exchange, disputes, disagreements, claims, interaction, communication,
or anything other. The company and any of its associated parties are
not a part of the connection between or among users of the website,
and cannot be responsible for any aspect of their connection, positive
or negative. Any issues that require resolving between or among users
shall be resolved by users themselves. A company may be asked by any
user to serve as a mediator in resolving the issues of connection but
is not obliged to become so or guarantee anything in connection to
user connections. The company may decide to be a mediator, showing a
gesture of good faith and will, not because it was obliged to. A
company, acting or not acting as a mediator, cannot be responsible for
any claims, demands, damages, or disputes’ outcomes between or among
users or for anything arising from those or connected to those.
Indemnification
A user frees the company, any and
all its partners and/or affiliates from paying for any damages,
expenses, liabilities, fares, costs, fines, fees, or royalties arising
from the user’s use of the website and/or infringement of the site’s
usage rules, requirements, demands, limitations, liabilities,
restrictions, allowances, or terms in a part or as a whole, including
usage or not-usage of any information, data, or software located or
retrieved from the website.
Submissions & comments
When a user leaves any
comment on the website, this comment immediately becomes intellectual
property of the company, and the user agrees to irrevocably transfer
all rights to the comment to the company at the moment of submitting
the comment. The company is free to further use the comment in its
business and intellectual activity, modify it, transfer, publish,
delete, alter, archive, extract from the archive, make derived works
from it, license, sublicense, and use otherwise. The usage of the
comment is made on a royalty-free basis (the company does not pay
anyone for the comment’s usage and/or owning it in any form).
Links to other websites
The website may contain
links to other websites located on the Internet, connected or not
connected to the website. Users are free to use the links to visit
them. The company does not bear any responsibility for the content
placed on those websites, the links to which are on the website, and
shall not bear responsibility for any possible harm, damage, profits,
or losses borne by users of the website because of their visit of
those websites. All users visiting links to other websites do it at
their own discretion and risk, fully understanding and bearing all
possible losses, damages, profits, or harms that may arise from such
visiting, as well as doing any actions on those websites, such as
purchasing any products or services, make donations and payments,
transfers, registrations, provision of any user or non-user data to
those websites, and doing any other possible actions or participating
in any processes or activities on such sites. A company, its
affiliates, partners, contractors, licensees, licensors, or any other
partners will not and cannot bear any responsibility for any actions
of any of their users made on any other websites other than the
Website, including financial, social, legal, civil, or procedural.
The Company may limit, terminate, stop, halt, or change access
to the Website to any of its users according to the DMCA or any other
legislation if it believes that a user has infringed one or more
provisions of these Terms. Such actions are made at the sole
discretion of the Company without any prior notice or warning to a
user.
The Company also encourages everyone to contact the
Company if they know about possible or factual infringement occasions
of these Terms, Privacy Policy, intellectual rights, copyrights, laws
of any country connected to the usage of this website, or any other
policy of the Company and/or this website by anyone.
Applicable legislation
The applicable legislation
of the website and the company is the legislation of Ukraine except
for the cases, which must be exclusively governed by the international
laws and provisions.
Miscellaneous
Every user agrees to comply with all
the requirements and provisions of these Terms, which shall control
and regulate the entire user activity connected to the website’s
usage. Only this document is applied to regulate and control all user
activity connected to the website’s usage; no other document or oral
communication shall take effect on the regulation and control after
the user agrees to comply with these Terms when using the website. If
any other regulations were in effect prior to the user’s consent to
comply with these Terms, such regulations lose their effect after the
user gives their consent to comply with these Terms.
If a user
has any complaint, offer, proposition, or another type of voice about
their usage of the website under these Terms, a user can contact the
Company to inform about such. If any of these are about some specific
provision of these Terms, they must be informed to the Company within
one month after the change of such a provision, otherwise, they will
not be considered by the Company.
A user agrees fully and
irrevocably that if a user did any infringement of any provision of
these Terms, which caused injury, damages, or losses to the Company
legally, financially, socially, functionally, or civilly, the Company
has the right to file against this user a legal, official, civil, or
financial complaint, case, request, or deal, in accordance to any
applicable law, to compensate for the injury, damages, or losses. In
such a case, Ukrainian law will be applied. The undertaken measures by
the Company shall be adequate to compensate for the injury, damages,
or losses and any associated expenses, including expenses for
attorneys, legal proceedings, court payments, and any associated
payments.
If any part of these Terms will be recognized by some
court inapplicable or permeating some law, this does not enforce the
entire Terms to lose their power. The company reserves the right to
change, alter, amend, replace, or delete any provision of the Terms,
which was acknowledged inapplicable or permeating some law, to
reinforce it. If the company fails to insist on obeying these Terms or
complying with them fully or partially related to any user of the
website, it does not mean that the Terms waive or lose their power and
effect for the rest of the users.
The company acknowledges that
if any user was given the license to use any part of the website’s
content, it shall survive the change, alteration, or amendment of
these Terms, including their replacement with other Terms or their
version, if such survival will not be directly stopped, halt, waived,
or changed by these
updates/changes/amendments/alterations/replacements.