General terms and conditions and privacy

This website (hereinafter the "Website") is an initiative of
Tomas Mertens,
Nieuwstraat 65,
3550 Heusden-Zolder,
Belgium,
(hereinafter the "Website Owner").

The user of the Website declares to have read and to accept the following general terms and conditions :

1. Intellectual and industrial property rights, right of privacy, right of image and other rights

a. Content and presentation of the Website

The Website is an original creation of which the content, lay-out and structure are protected by intellectual property rights and/or other rights. The works or games provided by third parties (hereinafter "Third Party Works") and works which are created by the Website Owner (such as texts, logos, drawings, pictures, images, sounds, audio, video and audiovisual files) ("Website Owner Works") are also protected by intellectual property rights and/or other rights. The Website Owner Works and the Website are hereinafter jointly referred to as the "Works".

Any use and reproduction for non-private and/or commercial purposes or for purposes for which it was not offered on the Website, any communication to the public, arrangement, adaptation, modification, filming, making images, photographs or drawings of, translation, making available, exploitation, distribution, commercializing, possession or offer for commercial purposes, putting into commerce, selling, dissemination, rental, lending, integration in another website or medium, reverse-engineering or disassembling of a Work, in whole or in part, in any form, in any way and on any medium, without the Website Owner’s prior, written and explicit consent, is prohibited.

Unless provided otherwise in the licensing conditions of the Third Party Works, any use and reproduction for non-private and/or commercial purposes or for purposes for which it was not developed or offered on the Website, any communication to the public, arrangement, adaptation, modification, filming, making images, photographs or drawings of, translation, making available, exploitation, distribution, commercializing, possession or offer for commercial purposes, putting into commerce, selling, dissemination, rental, lending, integration in another website or medium, reverse-engineering or disassembling of a Third Party Work, in whole or in part, in any form, in any way and on any medium, without the owner of the intellectual property rights in the Third Party Works, written and explicit consent, is prohibited.

b. Trademarks and names

Trademarks and names mentioned on the Website, such as names of persons, products, authorities, trade names and corporate names, are legally protected.

2. Protection of personal data

a. General information

In principle, a user can visit the Website without providing any personal data. However, to have access to a certain activity related to the Website, the user has to provide some personal data (such as the user’s e-mail address) or the Website Owner will collect certain electronic data (such as the user’s IP address). For instance, this may be the case if a user wishes to receive the Website Owner’s newsletter or contact the Website Owner. If these personal data are not provided, then the activity concerned cannot be performed.

When a user provides personal data on the part of the Website which consists of Website Owner Works, then he provides his consent to the Website Owner to process these for the purposes mentioned below. If these personal data concern another person than the user, then the user warrants that he is entitled to provide this consent on behalf of that other person.

When a user provides personal data in any Third Party Works, the processing of such personal data will be governed by any privacy statement applicable thereto. In any event, the Website Owner shall not act as the Data Controller or the Processer (as defined in the European Data Protection Directive EC/95/46) of such personal data.

b. Purposes for which your personal data will be processed

Personal data provided by the user will be processed for the purposes of responding to the user’s contact with the Website Owner or other communications related to the Website, statistical analyses and/or keeping the user informed of new initiatives and activities of the Website Owner (e.g. via newsletters).

In addition, Advertisers on the website might use information gathered by the use cookies and/or the web beacons for the purpose of online behavioral advertising and/or multisite advertising. Further information as regards the use of cookies and web beacons is set forth under point d. below.

c. Recipients of personal data

The personal data may be transferred to (i) organizations with whom the Website Owner has a contractual relationship (e.g. processors of personal data) or (ii) judicial authorities in case of a legal obligation or a request. The personal data will not be sold or transferred to any other third parties.

The Website Owner is not responsible for any personal data collected via any Third Party Works offered on the Website to which these parties’ general terms and conditions apply. The user is advised not to use his real name or real e-mail address in any of the games provided on the Website.

d. Cookies and web beacons

(i) What are cookies and web beacons

The Website makes use of "cookies" which are installed on the user’s computer when he rates a game on the Website. In addition, the advertisers on the Website such as Google Adsense, Google DoubleClick, ValueClick and Specific Media (the "Advertisers"), might use "cookies" and/or "web beacons". Cookies are small electronic files that are placed on the harddisk of the user’s computer whereas web beacons are mostly clear picture files which are used to keep track of a user’s navigation through a single website or a series of websites.

(ii) For what purposes will these cookies and web beacons be used

The Website Owner might use the information stored in a "cookie" in order prevent a user from rating the same game for several times. Such cookies will only be valid for a period of two weeks.

The Advertisers might use information gathered by the cookies and/or the web beacons for the purpose of online behavioral advertising and/or multisite advertising. The types of information that is gathered by the cookies and/or web beacons as well as the purpose(s) for which this information is used, are provided in the privacy policy of the Advertiser concerned. The user can consult the privacy policy of the Advertisers by clicking on the name of the Advertiser (as indicated above).

(iii) Refuse cookies, web-beacons and online behavioral advertising

To the extent that the user’s browser settings allow for the installation of cookies and web beacons on his computer, he consents with the installation of such cookies on his computer and he accepts that information relating to him may be used for behavioral advertising. The user of the website has the right to object ("opt-out") against online behavioral advertising and the use of cookies or web beacons. Users can opt-out of cookies by visiting the website of the Advertiser concerned or by visiting the website of the Network Advertisers Initiative at http://www.networkadvertising.org/managing/opt_out.asp.

In addition, the user can refuse the installation of cookies and/or web beacons or delete them by adjusting the browser settings on his computer. To learn more on how to adjust the settings of your internet browser, we recommend the user to visit the website of the browser’s vendor.

(iv) Liability for cookies and web beacons

The Website Owner can not be held liable for the Advertisers’ cookies or web beacons for whatever purposes pursued.

3. Liability

The Website Owner is not liable for any typing or other error, shortcoming or mistake in connection with the content of the Website. In no case will the Website Owner be liable for any indirect or consequential damage, any damage to any hardware or devices, any loss of data, profit, turn-over, savings, customers or business opportunities, any damage to image or reputation and any moral damage. The Website Owner’s total aggregate liability is limited to 500,00 EUR.

Notwithstanding the foregoing, the Website Owner shall not be held liable for any direct or indirect damages resulting from any Third Party Works.

If a third party requests the Website Owner to provide him certain personal data in the Website Owner’s possession, custody or control in connection with an alleged illegal or otherwise unlawful act by the user and/or the Website Owner or an alleged violation by the user and/or the Website Owner regarding (1) any intellectual property right or any other right related to the Works, (2) Prohibited Use/Content, or (3) a legal or contractual obligation, the Website Owner may provide said personal data to said third party without notice, also if said third party is established outside the European Union.

4. Hyperlinks on/to the Website

a. To websites of third parties

The Website Owner does not control websites to which hyperlinks are made available on the Website and the Website Owner cannot be held liable for any inappropriate, unlawful or illegal content on those websites or for any hyperlinks available on those websites to other websites. The fact that the Website contains hyperlinks to other websites does not imply an approval or quality guarantee by the Website Owner.

b. To the Website

It is prohibited to place on a website, without the Website Owner’s prior, explicit and written consent, (1) any deeplinks or distribute links to compressed content in .zip or a similar format on the Website, and (2) any framed links or inline links to (any part of) the Website. In any case of linking to (any part of) the Website, the webpage containing the hyperlink has to, if one clicks that hyperlink, disappear completely and the full URL of (the part of) the Website has to be clearly visible in the address bar.

5. Term, termination and modification

This agreement is entered into for an indefinite period.

6. Other provisions

The user warrants to be entitled to enter into this agreement. If the user is a minor, then he warrants that his parents or legal guardian has consented to him entering into this agreement.

The concluded agreement will not be archived and will not be accessible.

The Website Owner may transfer this agreement or any of its rights and obligations under this agreement in whole or in part to any third party without the user’s consent.

If any provision of this agreement is or becomes unlawful, illegal, invalid or unenforceable, then that will not affect the lawfulness, legality, validity and enforceability of any other provision of it.

7. Dispute resolution

This agreement and the use of the Website is exclusively governed by Belgian law. Any dispute related to this agreement or the Website will adjudicated exclusively by the courts of Hasselt, Belgium.

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