PP & TOS
eVeek, LLC provides games and related services that can be used with friends or in a social network for fun and entertainment. At the same time, we take the privacy of the user’s personal details very seriously and handle them with great care, in keeping with data protection law. Where applicable, before commencing play, the user consents to its personal data being recorded and used by us in the way it is described in this data protection notice.
What information do the Applications obtain and how is it used?
User Provided Information
When you register with us and use the Applications, you may generally provide (a) transaction-related information, such as when you make purchases, respond to any offers, or download or use Applications from us; (b) information you provide to us when you contact us for help such as your name and e-mail address; (d) credit card information for purchase and use of the Applications or any In-App Purchases you make, (e) any other information that may be relevant
We may use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions. However, we take responsibility for monitoring how your information is used at any time.
We never sell or hire out the user’s personal data to third parties for marketing purposes.
If the user has given consent, we may display targeted advertising in our Applications and services, or we may place or arrange for a cookie so that targeted advertising can be displayed in the user’s browser. This might include advertising that could be of particular interest to the user in view of the game being played for instance, or its age group or where it lives. We mainly advertise our own games and services. If we ever advertise for a third party, we will not provide the advertiser with any personal data and IP addresses and device identifiers (such as MAC addresses) will be duly abbreviated.
Automatically Collected Information
In addition, the Applications may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Applications.
You recognize and agree that the analytics companies utilized by eVeek, LLC may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies. However, your personal information is never accessed by such third parties.
Ad Serving Technology
eVeek may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services.
eVeek or third parties operating the ad serving technology may use demographic and geo-location information as well as information logged from your hardware or device to ensure that relevant advertising is presented within the Applications. eVeek or third parties may collect and use data, for such purposes, including but not limited to, data such as IP address, Device ID, MAC address, installed software, application usage data, hardware type, Operating System information, browser information, unique identifiers in browser cookies, Flash cookies, and HTML5 local storage, Internet and on-line usage information and in-game information.
eVeek may display to you behaviorally targeted advertising. If you want to be certain that no behaviorally targeted advertisements are displayed to you, please do not use or access the Applications or Services.
Some services may include the use of in-game advertisements or brand placement. Such ads or sponsorships will be noted as such within the services.
Do third parties see and/or have access to information obtained by the Applications?
Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Applications and our services. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
- if eVeek, LLC or any of its subsidiaries is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
What are my opt-out rights?
You can stop all collection of information by the Applications easily by uninstalling the Applications. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile Applications marketplace or network you used while installed.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Applications and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. Please note that some or all of the User Provided Data may be required in order for the Applications to function properly.
If you have any questions regarding your privacy while using the Applications, or have questions about our practices, please contact us via email at email@example.com. We will respond as promptly as possible.
Terms of service and end user license agreement (“EULA”)
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and eVeek LLC, and its affiliates (“eVeek”). This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by eVeek or its affiliates including, but not limited to mobile games, applications and games accessed by means of a browser or other online method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by eVeek, including but not limited to services accessed through mobile games.
Software and Services are collectively referred to as “eVeek Services”.
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE EVEEK SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE EVEEK SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install, use or access the eVeek Services.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, eVeek hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, eVeek hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by eVeek, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or eVeek’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. eVeek retains all right, title and interest in and to the eVeek Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The eVeek Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the eVeek Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from eVeek. All rights not expressly granted to you herein are reserved by eVeek.
- Third party services
eVeek Services may include links to third party services and/or the third party services may be made available to you via eVeek Services. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
- General license conditions
You agree not to: (i) commercially exploit the eVeek Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the EVeek Services, any copies thereof, or any passwords or usernames of EVeek Services, without the express prior written consent of eVeek or as set forth in this EULA; (iii) make a copy of the eVeek Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the eVeek Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the eVeek Services or this EULA, use or install the EVeek Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the eVeek Services at a computer gaming center or any other location-based site; provided, that eVeek may offer you a separate site license agreement to make the eVeek Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the eVeek Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the eVeek Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the eVeek Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such eVeek Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the eVeek Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA. The Services are intended for private use only.
The eVeek Services may include measures to control access to the eVeek Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only eVeek Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the eVeek Services will not function properly.
The eVeek Services may allow you to create content, including but not limited to gameplay maps, screenshots or a video of your game play. In exchange for use of the eVeek Services, and to the extent that your contributions through use of the eVeek Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant eVeek an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to eVeek’s and other players’ use and enjoyment of such assets in connection with the eVeek Services and related goods and services under applicable law. This license grant to eVeek, and the above waiver of any applicable moral rights, survives any termination of this EULA.
The eVeek Services may require an internet connection to access the eVeek Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the eVeek Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to eVeek Services. By using the eVeek Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the eVeek Services or certain features of the eVeek Services may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the EVeek Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
- Payments and purchases of virtual goods
eVeek may license to you certain virtual goods to be used within eVeek Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE.
eVeek may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. eVeek shall have no liability to you or any third party in the event that EVeek exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT EVEEK IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
- Limitations of liability
IN NO EVENT WILL EVEEK, EVEEK’S AFFILIATES, EVEEK’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE EVEEK SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT EVEEK, EVEEK’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, EVEEK’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL EVEEK’S, EVEEK’S AFFILIATES’, EVEEK’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE EVEEK SERVICES OR FIVE EUROS (EUR 5), WHICHEVER LESS.
- Other terms and conditions
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any eVeek Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, eVeek will be irreparably damaged, and therefore you agree that eVeek shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
AFFILIATE: For purposes of this EULA, an “affiliate” or eVeek means any legal entity that is directly or indirectly controlled by EVeek for so long as such control lasts.
INDEMNITY: You agree to indemnify, defend and hold eVeek, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the eVeek Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. EVeek reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on eVeek’s website. You will be deemed to have accepted such changes by continuing to use the eVeek Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of United States without reference to its choice of law rules.
Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at eVeek’s discretion. The arbitration shall be conducted in United States, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST EVEEK ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT firstname.lastname@example.org.