1.
About these terms
These terms create a legal agreement between
you ("you" or "your") and TISTIS, registered in
The Netherlands with KvK-registration number 62288490 and VAT number
116880740B01 ("we", "us" or "our") in
relation to our website at www.pokepeek.nl ("Website"), app
PokePeek("App") that is made available via our Website, and
any related services (together with the Website and App, the
"Service"). You agree that by accessing and/or using our
Service, you are agreeing to these terms.
You agree that you are
at least 13 years old and that if you are less than 18 years old,
your legal guardian has reviewed and agreed to these terms and allows
you to access and use our Service.
You can access these terms at
any time at https://pokepeek.tisveugen.nl/eula.html. We can make changes to these
terms at any time in accordance with paragraph 9 below and your
continued use of our Service shall confirm your acceptance of the
updated terms.
2.
Player Account
To open an account, you must complete the login
process by providing us with a valid and unique nickname between 2
and 20 characters. You should prevent creating a nickname with any
profanity, sexually explicit language, sexual innuendo, or racial,
ethnic or religious slurs. We have the right to terminate an account
with an inappropriate name.
You can optionally add your Trainer
Code; and, you must choose a team color (Blue, Yellow, or Red) .
You can terminate an account by uninstalling this App on your device(s)
deliberately or as a consequence of another activity. In this case,
the data belonging to your account remain available on the Website.
You are also able to delete your account, refer to paragraph 7. In that case all your
account data are removed from the Website.
We reserve the right
to terminate your account if no activity is conducted by you in
relation to the account for 180 or more days. In such event, you will
no longer be able to add data to the Website.
3.
Player Conduct
As a condition of use, you promise not to use the
Service for any purpose that is prohibited by these terms. You are
responsible for all of your activity in connection with the
Service.
You shall not: (i) take any action that imposes or may
impose (as determined by us in our sole discretion) an unreasonable
or disproportionately large load on our (or our third party
providers') infrastructure; (ii) interfere or attempt to interfere
with the proper working of the Service or any activities conducted on
the Service; (iii) bypass, circumvent or attempt to bypass or
circumvent any measures we may use to prevent or restrict access to
the Service (or other accounts, computer systems or networks
connected to the Service); (iv) run any form of auto-responder or
"spam" on the Service; (v) use manual or automated
software, devices, or other processes to "crawl" or
"spider" any page of the Website; (vi) harvest or scrape
any content from the Service; (vi) supply false input or supply
actions that bend the truth; or (viii) otherwise take any action in
violation of our guidelines and policies.
You shall not
(directly or indirectly): (i) decipher, decompile, disassemble,
reverse engineer or otherwise attempt to derive any source code or
underlying ideas or algorithms of any part of the Service (including
without limitation any application), except to the limited extent
applicable laws specifically prohibit such restriction, (ii) modify,
translate, or otherwise create derivative works of any part of the
Service, or (iii) copy, rent, lease, distribute, or otherwise
transfer any of the rights that you receive hereunder. You shall
abide by all applicable local, state, national and international laws
and regulations.
We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is
necessary to (i) satisfy any applicable law, regulation, legal
process or governmental request, (ii) enforce these terms, including
investigation of potential violations hereof, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv)
respond to user support requests, or (v) protect the rights, property
or safety of us, our users and the public.
4.
Disclaimer
You specifically agree that we shall not be
responsible for unauthorized access to or alteration of your
transmissions or data, any material or data sent or received or not
sent or received, or any transactions entered into through the
Service. You specifically agree that we are not responsible or liable
for any threatening, defamatory, obscene, offensive or illegal
content or conduct of any other party or any infringement of
another's rights, including intellectual property rights. You
specifically agree that we are not responsible for any content sent
using and/or included in the Service by any third party.
We
and/or our respective suppliers make no representations about the
suitability, reliability, availability, timeliness, and accuracy of
the Service for any purpose. The Service is provided "as is"
without warranty of any kind. We and/or our respective suppliers
hereby disclaim all warranties and conditions with regard to the
Service, including all implied warranties and conditions of
merchantability, fitness for a particular purpose, title and
non-infringement.
In no event shall we, nor our directors,
employees, agents, partners, suppliers or content providers, be
liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without
limitation, damages for loss of use, data or profits, arising out of
or in any way connected with the use or performance of the Service or
related Website, with the delay or inability to use the Service or
related Website, the provision of or failure to provide services, or
for any information, software, products, services and related
graphics obtained through the Service, or otherwise arising out of
the use of the Service, whether based on contract, tort, negligence,
strict liability or otherwise, even if we or any of our suppliers
have been advised of the possibility of damages. If you are
dissatisfied with any portion of the Service, or with any of these
terms of use, your sole and exclusive remedy is to discontinue
playing this App, and using the Service and its related Website.
We
are entitled to delete or change uploaded content to the Website.
We
are not responsible for technical failures or the lack of
availability of our Website. There may also be times when our Service
or any part of our Service is not available for technical or
maintenance related reasons, whether on a scheduled or an unscheduled
basis.
5.
Indemnification.
You agree to defend, indemnify, and hold
harmless us, our affiliates and each of our and their respective
employees, contractors, directors, suppliers and representatives from
all liabilities, claims, and expenses, including reasonable
attorneys' fees, that arise from or relate to your use or misuse of,
or access to, the Service.
6.
Privacy
You agree that your nickname, trainer code, team color and device
identification are uploaded to the Website when installing the App.
If you leave the trainer code equal to zero, it counts as: no trainer code.
A changed nickname, trainer code, or team color is uploaded to the Website as well.
You agree that your chosen location is uploaded to the Website when
you want to be visible on the map for making friends. Visibility of this location can be turned on or off.
Note that no GPS locations are retrieved from your device.
The chosen location can be everywhere on the map, preferably near your actuel stay.
You agree that your nickname is shown for the actions you supplied about lures,
battles and gyms. You agree that your nickname, trainer code, and
location are shown for the actions about making friends.
7.
Termination
We may terminate your access to any part or all of
the Service and any related service(s) at any time, with or without
cause, with or without notice, effective immediately, for any reason
whatsoever.
You are also able to delete your account from the
device where you registered the account. In that case all your
account data (including nickname, trainer code, team color, location,
device identification) are removed from the Website.
As an alternative, you can also delete your account at the URL:
https://pokepeek.tisveugen.nl/pp_delete_account.php.
We shall have no obligation to
maintain or remove any content in your account or to forward any
unread or unsent messages to you or any third party.
8.
Governing Law
This agreement shall be governed by the law of The
Netherlands applicable therein. You hereby irrevocably attorn and
submit to the non-exclusive jurisdiction of the courts of The
Netherlands therefrom. If any provision shall be considered unlawful,
void or otherwise unenforceable, then that provision shall be deemed
severable from this agreement and not affect the validity and
enforceability of any other provisions.
9.
Changes to these terms
You can find these terms at any time by
visiting https://pokepeek.tisveugen.nl/eula.html. We reserve the right to update
these terms from time to time by posting the updated version at that
address. You are responsible for regularly reviewing the terms. You
agree that if you do not accept any amendment to our terms then you
shall immediately stop accessing and/or using our Service.