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Terms of Service and Privacy Policy

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  • Terms of Service and Privacy Policy
  • Terms of Service and Privacy Policy

    This Terms of Service and Privacy Policy (hereinafter referred to as "Agreement") is concluded between Michal Bajer, Tomáš Pařízek (hereinafter referred to as the "We", "Us", "Our" or “EventBattle”) and natural or legal person as an end user (hereinafter referred to as the "User" or “Player”).

    This Agreement describes how we collect, protect and use the personally identifiable information (hereinafter referred to as the "Personal Information") you may provide while using any of EventBattle products (eventbattle.app website, EventBattle iOS application, EventBattle Android application) collectively referred to as the "Service" or “Software”. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information.

    User generated game content

    People using the Service (hereinafter referred to as the "Players", “User” or “Users”) may generate game content such as tasks or posts while using the Service. We are dedicated to providing a harassment-free experience for every player, regardless of gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion (or lack thereof). We do not tolerate harassment in any form.

    We are not monitoring running games. The game creator (User, who created the Game in web admin) is liable for the game configuration (especially game name, description and tasks).

    The Service has automatic objectionable content protection system (hereinafter referred to as the "Post flagging"). Any player can use the Post flagging feature to report inappropriate posts. If the User has Game Master role (which can creator grant in web admin), the User is required to immediately solve the report.

    You agree not to access the Service in a manner that uses the resources of the PC/notebook/smartphone to a greater extent than would be the case for an individual using conventional resources.

    When using our Service, you may not:

    • Use the Service other than as permitted by the type of subscription you have subscribed to, as further described at the time of subscription;
    • copy any Content unless expressly permitted herein;
    • upload, email, post, transmit or otherwise make available any material that:
      • Is unlawful, threatening, harmful, abusive, abusive, harassing, defamatory, vulgar, obscene, libelous, pornographic, invasive of another's privacy, hateful, or racially or ethnically objectionable, creates civil liability, encourages criminal conduct, violates any law, or is otherwise objectionable;
      • which you have no right to disclose under any law or contractual relationship;
      • is or contains unsolicited or unauthorized advertising, solicitations, promotional materials;
      • infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, including privacy rights;
      • contains any untrue or misleading information or creates an impression that you know to be false, misleading or deceptive, or any material that could harm or harm minors in any way;
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or users or viewers of the Website or which invade a user's privacy;
    • impersonate any person or entity or misrepresent your affiliation with any person or entity;
    • falsify headers or otherwise manipulate identifiers to disguise the origin of any material transmitted to or through the Website or impersonate any other person or entity;
    • disrupt or interfere with the Website or the servers or networks connected to the Website or fail to comply with the requirements, procedures, policies or regulations of the networks connected to the Website; or investigate, scan or test the vulnerability of any system or network; or violate or circumvent any security or authentication measures;
    • intentionally or unintentionally violate any applicable local, state, national or international laws or regulations;
    • collect or store personal information about other users or viewers;
    • license, sell, rent, lease, loan, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Application; or
    • modify, translate, create derivative works from, disassemble, decompile, reverse engineer or reverse engineer any portion of the Application or any software provided as part of the Website, except to the extent that the foregoing restrictions are expressly prohibited by applicable law.

    License of Content

    By submitting, posting or displaying User Content on or through the Service, you grant Us a non-exclusive, royalty-free, world-wide, perpetual license (with the right to sublicense) to use, copy, modify, display, transmit, and distribute such User Content to the extent required to provide the Service.

    We will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you post, distribute or publish on the Service.

    Limitation of Liability

    We are not liable for any damage that is a result of User's use of the Service.

    Termination

    We reserve the right to terminate the Service immediately without prior notice. We cannot guarantee availability of any Personal Information including User generated game content after the termination.

    Personal Information Collection

    For full functionality of the Service we may collect following Personal Information:

    • Nickname
    • E-mail
    • Mobile phone manufacturer and model
    • Date of registration
    • Device language
    • Profile photo
    • User generated game content, including but not limited to tasks and posts, which may include uploaded photos

    Personal Information Sharing

    The maintain the highest level of privacy and protecting your Personal Information to the full extent, we do not share your Personal Information with anyone and for any reason. The Service does use third party services that may collect information used to identify you. Links to privacy policy of third party services used by the Service:

    Log Data

    We want to inform you that whenever you use the Service, in a case of an error we may collect data and information on your device called Log Data. This Log Data may include information such as your device Internet Protocol ("IP") address, device name, operating system version, the configuration of the app when utilizing the Service, the time and date of your use of the Service, and other statistics.

    Retention of information

    We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.

    The rights of users

    You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.

    Privacy of children

    We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through our Website or Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Agreement by instructing their children never to provide Personal Information through our Website or Service without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through our Website or Service, please contact us. You must also be old enough to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

    Do Not Track signals

    Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, this Website is not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Agreement, we limit our use and collection of your personal information.

    Links to other websites

    Our Website contains links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Website and to read the privacy statements of each and every website that may collect Personal Information.

    Security

    We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

    Data breach

    In the event we become aware that the security of the Website has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law.

    Changes to This Agreement

    We may update our Agreement from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Agreement on https://eventbattle.app/terms-and-privacy. By continuing to use the Service after the date of entry into force of the modified Agreement, the User agrees to be bound by the Agreement as modified.

    Acceptance of this Agreement

    You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

    These Terms of Service are governed by and constructed in accordance with the laws of the Czech Republic, without giving effect to any principles of conflicts of law. You agree to resolve any dispute you have with EventBattle exclusively in a court located in Czech Republic, and to submit to the personal jurisdiction of the courts located in the Hradec Kralove Region for the purpose of litigating all such disputes.

    Warranty Disclaimer

    THE LICENSEE ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OF ANY TYPE, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER US, HIS LICENSE PROVIDERS NOR COPYRIGHT HOLDERS PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, NON- INTERFERENCE, AND FITNESS FOR A PARTICULAR PURPOSE. NO GUARANTEE FROM US OR ANY OTHER PARTY EXISTS THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL COMPLY WITH THE LICENSEE’S REQUIREMENTS OR THAT THE SERVICE OPERATION WILL BE SMOOTH AND FREE OF ERRORS, OR COMPATIBLE WITH PRE-EXISTING EQUIPMENT OR SOFTWARE. THE LICENSEE ASSUMES FULL LIABILITY AND RISK FOR SELECTION OF THE SOFTWARE TO ACHIEVE RESULTS INTENDED BY HIM AND FOR THE INSTALLATION, USE AND RESULTS THAT HE WILL ACHIEVE WITH THE SERVICE. THE LICENSEE ACKNOWLEDGES AND AGREES THAT INSTALLATION OF THE SERVICES APPLICATIONS MAY AFFECT THE OPERATION OF THE EQUIPMENT ON WHICH IT IS INSTALLED.

    UNDER NO CIRCUMSTANCES WE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM

    (I) YOUR USE OF OR INABILITY TO USE THIS WEBSITE, APPLICATION OR SERVICE,

    (II) ERRORS, MISTAKES OR INACCURACIES IN THE MATERIALS ON THE WEBSITE,

    (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES,

    (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATIONS EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE APPLICATION, OR

    (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. THESE LIMITATIONS APPLY EVEN IF EVENTBATTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVENTBATTLE'S LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT (FOR ANY REASON AND REGARDLESS OF THE FORM OF ACTION) SHALL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) A THIRTY U.S. DOLLARS ($30) OR (B) THE AMOUNTS YOU HAVE PAID TO EVENTBATTLE IN THE PRECEDING 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    Contacting us

    If you have any questions about this Agreement, please contact us via [email protected]

    This document was last updated on April 21, 2022

    Play demo game

    The demo game lets you can explore the EventBattle mobile app.

    • Download the app from the store
    • Click on the More info button
    • Click on the Start demo game button
    • 👍 Enjoy discovering

    The tasks here are exemplary. When you create your own game, you can customize tasks in the web administration.