Terms of Service
This Agreement is made between you as Member and Certus A/S, a company registered in Denmark under central business registration number CVR-NR 26751217 (in the following "Certus Games", "we" or "us"), in relation to this site and the services offered by Certus Games through it (the "certusgames.com") on the terms and conditions set out below.
When you register with Certus Games, you agree to the terms of this Agreement, and you reconfirm the Agreement every time you use it. Visitors to Certus Games who do not register to become a Member (see clause 1 below) similarly confirm that they are bound by this Agreement each time they access the Certus Games. We do not separately file the individual Agreements entered into by Members. However, you can access the Agreement using the link to our Terms of Service on the "About Page" at Certus Games. You should be aware that this Agreement may change from time to time in accordance with clause 13 below.
1. Games etc.
Certus Games offer our Members the possibility to play games and to participate in tournaments with other Members.
To play all games and use all features at Certus Games is free. We reserve the right from time to time to launch new games and features which will be considered as "extras". These "extras" will be for VIP Members only. A VIP Member is a Member having paid subscription for a period of time.
During our work with launching these "extras", any user of Certus Games is considered a VIP Member. When we choose to launch the VIP Member part of Certus Games, we will notify accordingly, and Members will be asked to upgrade their Account in order to have access to these "extras".
The games and tournaments offered at Certus Games will function best if your computer meets the technical requirements which you will find in the technical section of the FAQ listing computer specifications. It is your sole responsibility to confirm the technical compatibility between your computer system and the Certus Games.
We have the right to withdraw or alter any games etc of the Certus Games where we have legal or technical reasons to do so, including but not limited to data protection or other legal objections to the content or conduct of the Certus Games, privacy, and technical difficulties experienced by Certus Games, or on the Internet. There may also be times when Certus Games become unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other data giving access to the Certus Games.
Certus Games are intended to be used by our Members for the purposes referred to in this clause. Therefore, Members must not:
- use Certus Games for any other purpose;
- place material on, or otherwise use, Certus Games for any business, advertising or commercial purpose; and
- use your access to Certus Games, or information gathered from it, to send unsolicited bulk email.
2. Registration and Membership.
You must register with Certus Games and at the same time open an Account in order to become a Member.
When you register with Certus Games you undertake to file accurate and current data about yourself. If you are asked for details of any form of credit card, you are responsible for providing such and for ensuring that you are fully entitled to use that card, and that there are funds sufficient to cover the charges that are deducted from it.
3. Accounts.
A person may open only one Account. Certus Games reserve the right to assess in compliance with this requirement by checking for unique email addresses, real world addresses, credit card number and/or any other payment form used to open an Account.
When you open an Account, you agree to allow Certus Games access to your Account data and to look into complaints and/or other allegations of abusive conduct. By abusive conduct is meant unfair methods on Certus Games such as techniques of a Member to utilize mall skill in the conduct of a game, including but not limited to multiple Accounts, collusion, the impersonation of another Member, the use of program codes or commands or any adapted hardware or software to assist play, or deliberately losing games to get a competitive advantage. Also any disruption or malfunction of Certus Games caused by a Member is considered an abusive conduct.
Certus Games have the right to close any Account opened by any Member discovered to be in breach of this requirement.
Continued breach may, at our discretion, result in the termination of all the relevant persons Accounts and the ban from Certus Games. Certus Games reserve the right to terminate all affected Accounts if we conclude, acting reasonably, that more than one of such Accounts are being operated by, or is under the control of, a single person.
We will not be liable to you for any loss that you may incur as a result of an unauthorized person accessing your Account, and we accept no liability resulting from its unauthorized use, whether fraudulent or otherwise. It is for you to ensure that your Accounts Password is kept completely secret.
We reserve the right to close any Account having been inactive for more than 3 months, and to close any Account which is under serious and reasonable suspicion of fraudulent activity.
4 Payment.
All payments on certusgames.com are done through a 3rd party certified secure online payment handler.
Certus Games does not store any credit card info.
VIP membership is a service and as such it is non-refundable, non-transferable once payed. Your account will be upgraded once the payment has been verified and processed. Your account will continue to be a VIP account until the purchased timeperiod expires.
5 Legality.
Certus Games may monitor the location from which you appear to access the Certus Games and, if so requested by competent authority, use techniques intended to block access from a jurisdiction where the participation in Certus Games according to information available, is illegal or restricted. Accordingly, Certus Games may require a Member receiving any prize to provide proof that he or she is eligible to participate.
Any Member must comply with the laws that apply to you in the state or country from where you access Certus Games. If any laws applicable to you restrict or prohibit your participation in Certus Games, you must comply with those legal restrictions.
6 Breach.
We reserve the right to suspend or terminate any Member's access to Certus Games, or parts of it, and to close the relevant Account(s), if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access Certus Games without our prior consent. You are responsible for everything that is done on or through Certus Games while your Account is logged on to the Certus Games.
7. Infringement etc.
It is your responsibility to secure that any of the material you post, or which is posted through a machine on which you access Certus Games, or any activity or communication you make in connection with any Certus Games, will NOT infringe the intellectual property or other rights of any person or entity, breach any applicable law or appear to be offensive, threatening, obscene, profane, pornographic, false, unreliable or misleading.
If you see anything on Certus Games which appears to infringe this Agreement, please contact us to inform us of it by using the "Support page" function.
8. Withdrawal of material.
Each Member acknowledges that we are entitled to withdraw any material on Certus Games which appears to be capable of breaching any part of this Agreement, or to discredit Certus Games. However, each user acknowledges that we do not monitor material which is contributed by Members on Certus Games, and that we are reliant upon you and all Members to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on Certus Games.
9. Disclaimer and Release.
Certus Games have no control over or responsibility for the truth or accuracy of any material available on Certus Games provided by Members or other third parties. If any third party sites are linked to from Certus Games, this does not mean that we endorse or have any responsibility for such sites or anything which appears on said. You should exercise the same degree of caution in valuing what you see on Certus Games than you do offline. People may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. Your use of Certus Games is entirely at your own risk.
Therefore, to the extent permitted by law, you release Certus Games, our directors, contractors and employees from all liability arising out of or in connection with Certus Games and the material included here by Members and other third parties.
10. Liability of the Parties.
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise).
We are not an internet service provider. In order to avail yourself of Certus Games, you must have internet access and the skills required for web usage.
Certus Games will also not be liable for any failure to perform our obligations under this Agreement caused by matters beyond our reasonable control.
Without limiting the preceding clause, during any period of twelve months, the aggregate liability of Certus Games under this Agreement (whether arising in negligence, breach of this Agreement or otherwise) will in no circumstances exceed €5, or an amount equal to the sums you have paid into your Account during the relevant period of twelve months, regardless of the cause or form of action.
Nothing in this Agreement however limits Certus Games' liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any negligence or breach of this Agreement committed by you or through a machine on which you access the Certus Games.
11. Intellectual Property.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Certus Games, other than material which is contributed by Members, are owned by Certus Games. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from Certus Games, or any of the material which is found on Certus Games, unless properly licensed to do so by us, and where material contributed by one or more Members is concerned, by the Member(s) in question.
By submitting any material to Certus Games, you represent that you are fully entitled to do so, that you grant us a non-exclusive, royalty-free, non-terminable license to copy, modify, distribute, show in public and create derivative works from that material solely in the course of its processing and display on and through Certus Games in accordance with this Agreement and that you authorize us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
12. Assignment.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not assign or dispose of this Agreement without the written consent of Certus Games.
13 Entire Agreement.
This Agreement contains the whole of the agreement between us and you concerning Certus Games and it replaces all earlier agreements and understandings with you. A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.
14 Amendments to this Agreement.
Certus Games are entitled to amend this Agreement from time to time, and to post the new version on the Certus Games. In that case, we will notify you of the changed terms on the main screen, and the new version of these terms and conditions will govern all Certus Games and your relationship with Certus Games and will take effect either four weeks after the date of posting (or such later date as Certus Games indicates in the relevant posting), if any of the changes relates to an operative provision of this Agreement which may adversely affect you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Certus Games, or immediately upon the date of posting (or such later date as Certus Games indicates in the relevant posting), if the changes do not relate to operative provisions, or cannot adversely affect you - examples of which would include, without limitation, changes to one or more of Certus Games addresses or email addresses referred to in this Agreement.
15 Severability.
Where any term of this Agreement is or becomes illegal, void or invalid that shall not affect the legality and the validity of the other terms.
16 Choice of Law and Venue.
This Agreement shall be governed by and construed in compliance with Danish law. The place of venue shall be the court of Odense, Denmark.
17 Contact.
Contact. You can contact us by using the "Support Page" at http://certusgames.com/support.php
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