Unusualsoft End User License Agreement for Ball 3D: Soccer Online and related services ("License", "Agreement", "Terms")
Last updated: November 18, 2020
Soccer Online: Ball 3D (also known as Ball 3D: Soccer Online) is a service ("Service", "The Service", "Game", "The Game", "Application", "The Application") operated by Unusualsoft ("Unusualsoft", "we", "our", "us", "Company").
This Agreement is between you ("You", "you") and the company Unusualsoft Mariusz Kowalczyk, Sadowa 7/66, 06-300 Przasnysz, Poland. This Agreement is also available at http://www.ball3d.com/doc/eula
By using The Service you agree to these Terms. If you disagree with any part of The Terms, you can not use The Service.
Unusualsoft licenses the access to The Service to you. You can use the service for your personal, non-commercial use, but you can not under any circumstances sell it, transfer to other users, share with other users, copy or distribute, unless explicitly permitted by law or Unusualsoft. You can not modify the source code of The Service, even for your personal use.
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The Service may not be available all the time and Unusualsoft does not guarantee that it will be available all the time. The Service may also not work on some devices. You may also experience breaks in the work of The Service during events like updates or others.
When you use our Service, we may collect and store data from your computer or any other device you use. It may include but is not limited to information about your hardware, software, operating system, IP, Device ID, Service Usage statistics, Gameplay statistics. We use the data to operate The Service, to improve it and to provide better experience for you and other users. We may also publicly show statistical gameplay information like rankings, progress, achievements, your country, your nick, performance statistics and other information about you and your performance in our Service.
Your data is collected and stored by Unusualsoft operating in Poland, the data is stored in the database located in France. We collect and store the data according to our Privacy Policy at http://www.ball3d.com/doc/privacy
Our Service may contain links to third-party web sites or services that are not owned or operated by Unusualsoft.
These websites are not operated by us and we do not control them in any way. We are not responsible for their content, privacy policies, terms or any other practices. You agree that Unusualsoft is not responsible or liable directly or indirectly for any loss or damage caused by these third-party websites or services.
We suggest you to read the terms and policies of any third-party web sites or services you visit.
This License is valid unless terminated by Unusualsoft or you. Unusualsoft may terminate your access to The Service in case of the Terms violation or any other inappropriate behaviour including but not limited to cheating in any form, changing the source code of The Service, making the experience worse for other players (including but not limited to insulting them in The Game or social media related to The Service), doing activities prohibited by law.
Unusualsoft may limit or terminate your access to The Service, in a form of time limited or infinite mute or ban. If you will be muted, you will no longer be able to chat with others and your access to the features of The Service will be limited. If you will be banned, you will not longer be able to access The Service.
If you think that the termination or other sanctions against you are taken by mistake, please contact support at contact@ball3d.com
You can terminate this agreement by uninstalling The Service, deleting all copies of it from your computer and not using it. After the termination you can not use The Service anymore.
The sections "Data Usage", "Termination and Sanctions" of this Agreement are still in place after the termination.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section 11 shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Application.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
If you have any questions about this Agreement, You can contact us by email: contact@ball3d.com