BasketDudes

Terms of use

Welcome to the Bitoon Games, SL web page! If you are under 18 years old, please tell your father, mother or guardian so you can read this together. It is very important to understand these conditions before you start playing, which is why we ask you to get an adult to read the rules for browsing this web page with you.

Last update: 1 January 2011

TERMS AND CONDITIONS OF USE

ONE. OBJECT:

These terms and conditions (referred to below as the “Terms and Conditions of Use”) regulate access to and use of the web pages, on-line services and games owned by Bitoon Games, S.L. and its group companies (jointly referred to below as “Bitoon Games, SL”), including the content and services offered through them. Bitoon Games, SL has several online gaming web pages and services and domain names that include www.bitoon.com,www.basketdudes.com, www.basketdudes.es, www.tresonline.com and www.tresonline.es, derived web pages, web pages in other languages and other web pages affiliated with Bitoon Games, SL (all jointly referred to below as "the web pages, on-line services and games of Bitoon Games, SL"). The Terms and Conditions of Use will be supplemented with any other terms and conditions specifically applicable to the provision of a particular product or service offered through the web pages, on-line services and games of Bitoon Games, SL, including services that require payment.

Use of Bitoon Games, SL's web pages, on-line services and games puts visitors in the position of users and implies acceptance and compliance with the Terms and Conditions of Use, as well as any other terms that apply to a particular section or service. It is therefore recommended that the user (referred to below as “the User” or “the Users”) should carefully read these Terms and Conditions of Use before accessing the web pages, on-line services and games of Bitoon Games, SL, and view them regularly. If the user disagrees with these terms, he/she should not use Bitoon Games, SL's web pages, on-line services and games.

Bitoon Games, SL's web pages, on-line services and games are mostly for entertainment purposes and may contain specific practical information. Bitoon Games, SL's web pages, on-line services and games may also contain information about the company and licensees of Bitoon Games, SL's trade marks and rights. In spite of the foregoing, the content available through Bitoon Games, SL's web pages does not constitute professional advice (medical, financial or legal, among others), so the information may not be used for any of those aims or purposes.

TWO. IDENTIFYING DETAILS:

Bitoon Games, SL is a limited company duly registered and incorporated in accordance with Spanish law. Its tax identification code is B-83929976 and it is registered in Madrid Companies Registry in Volume 19,817, folio 190, section 8, sheet M-349038, entry 1.

The following address should be used for notices and notifications:

Bitoon Games, SL Calle Alberto Aguilera, 7 7Dcha. 28015 Madrid (Spain) Telephone number: (+34) 914458560 Fax: (+34) 914458560 E-mail: info@bitoon.com

THREE. USE OF Bitoon Games, SL'S WEB PAGES, ON-LINE SERVICES AND GAMES:

3.1 General rules:

Access to and use of Bitoon Games, SL's web pages, on-line services and games is carried out at the User's own responsibility. The user undertakes, at all times, to make suitable and responsible use of the services and content of Bitoon Games, SL's web pages, on-line services and games. Bitoon Games, SL's web pages, on-line services and games are available for the personal use of Users, so any commercial use of them is prohibited unless expressly authorised by Bitoon Games, SL. The User specifically undertakes not to carry out unlawful or illegal activities or those that infringe good faith or public policy. Likewise, the User may not engage in any conduct that may harm the image and rights of Bitoon Games, SL or third parties, or any that may prevent the normal use of Bitoon Games, SL's web pages, on-line services and games.

3.2 Rules of Conduct:

By accessing and using Bitoon Games, SL's web pages, on-line services and games, the User generally undertakes not to carry out any of the following actions:

Publishing, distributing, disclosing or passing on, in any form, any information, message or file that, in the opinion of Bitoon Games, SL, may be considered: a) defamatory, offensive, hostile, insulting, threatening or harassing; b) discriminatory, xenophobic or racist; c) rude, obscene or pornographic; or d) that encourages or incites the performance of any illegal activity or urges the commission of a crime;

Publishing, distributing, disclosing or passing on, in any form, any information, message or file or any other content that infringes or violates the rights of a third party, or national or international law, rules or regulations, such as but not limited to: a) copyright, patents, registered trade marks or any other intellectual or industrial property right; b) the right to privacy, honour and one's own image (in particular no personal information about other people may be passed on without their express consent); c) any non-disclosure undertaking.

Advertising or selling any product, service or goods of any other kind (whether or not for profit) or offering his/her services or using any forum for commercial purposes of any kind;

Publishing, distributing, disclosing or passing on, in any form, any application or computer file that contains a virus or other kinds of harmful components;

Impersonating people or companies to create a false identity or feign a relationship with people or organisations;

Taking part in antisocial, damaging or harmful actions and practices known in computer language as flaming, spamming (indiscriminate e-mail sending), flooding (intentional saturation with messages), trolling (baiting), griefing (harassment in on-line games), hacking (use of software that is damaging to the interests of Bitoon Games or other users), cheating (abuse of other users' trust to gain benefits in the services that Bitoon Games S.L. provides), as well as any other actions or practices with harmful or fraudulent purposes;

Modifying the logos and creativity of Bitoon Games, SL and/or removing the legal notices, the rules for use of Bitoon Games, SL's web pages and/or the mentions of rights (such as copyright or registered trade mark symbols);

Publishing, distributing, disclosing or passing on, in any form, information or statements that are off-topic for the forum in question.

Bitoon Games, SL reserves the right to remove any content and, if it so deems appropriate, pass on to the police any content published or sent in any of the formats mentioned, which infringes the applicable regulations, including that referred to in this section. Bitoon Games, SL also reserves the right to eliminate the contents of instant messaging, messages published and e-mails that are off-topic for the forum in question or that Bitoon Games, SL deems inappropriate.

Bitoon Games, SL accepts no responsibility for any comment users make on its websites, on-line services and games, as well as any damage to third parties that may be caused by a user or users due to not following the rules of conduct in any of Bitoon Games, SL's on-line services. The user or users that break these rules will be the only ones responsible.

Bitoon Games, SL reserves the right to close any account or accounts created by users that infringe any of the above rules of conduct with no need for prior notice or reimbursement of any virtual good or credit pending or used by that user.

Bitoon Games, SL also reserves the right to suspend access temporarily to the portal with no prior notice, at its discretion, for technical or other reasons, as well as to unilaterally modify the terms and conditions of use and all or part of the content.

Bitoon Games, SL accepts no liability for any damage the User may cause the Portal due to illegal or improper use of it or any of its content.

Lastly, Bitoon Games, SL reserves the right to comply with orders from public authorities and cooperate with the police on identifying any User that is presumed to be using a Bitoon Games, SL web page to break the law.

3.3 Links to third parties:

Bitoon Games, SL's web pages, on-line services and games may contain links to third parties' web pages, and certain sections of Bitoon Games, SL's web pages, on-line services and games may allow transactions or purchases of goods or services from a third party to be made through them. Said third parties or third-party web pages have data protection polices, terms and conditions of use, and commercial practices different to Bitoon Games, SL. Any agreement or communication between the User and a third party is established between the parties concerned and is not binding on Bitoon Games, SL under any circumstances. Under no circumstances does Bitoon Games, SL encourage, support, confirm, accept responsibility for or make any statement regarding the contents, truthfulness, precision, reliability or accuracy of the content or services provided by a third party on a third party's web page. Any complaint, comment or doubt the User has concerning the content provided by third parties must be directly sent to the third party in question.

The User expressly accepts that Bitoon Games, SL will not be directly or indirectly liable, under any circumstances, for the goods, services, resources or content offered through agreements or communications with third parties, or any damage or loss caused or presumably caused by or in relation to the content, advertising or commercial practices of a third party.

3.4 References to third parties' products, services or trade marks:

Any mention on Bitoon Games, SL's web pages, on-line services and games of any third-party product, process, publication or service by its trade name, domain name, registered trade mark, commercial identity, registered service, logo, manufacturer or in any other manner does not constitute or imply approval or recommendation by Bitoon Games, SL or its subsidiaries. The advertiser alone is responsible for any online advertisement or advertising, which may appear on Bitoon Games, SL's web pages, on-line services and games.

If Users notice any error or inappropriate content in web pages linked to Bitoon Games, SL's web pages or third-party content available on Bitoon Games, SL's web pages, on-line services and games, they may inform Bitoon Games, SL of it.

3.5 Links to the Bitoon Games, SL web page:

Any link with commercial intent from an internet portal to Bitoon Games, SL's web pages, on-line services or games must be previously authorised by Bitoon Games, SL, which may reject or accept the request at its own discretion. Bitoon Games, SL is also authorised to revoke the authorisation granted at any time. Under no circumstances may the activation of links between web pages imply per se that there is a commercial or business association between Bitoon Games, SL and the owners of the linked web page.

If a User or company wishes to make a link to Bitoon Games, SL's web pages, they must send a request by post or e-mail to the address provided in these Terms and Conditions of Use to obtain express authorisation from Bitoon Games, SL. If said authorisation is obtained, the User may only address the link to the home page and the text must be unformatted, unless expressly authorised by Bitoon Games, SL in writing. The link to this page by Bitoon Games, SL must not damage, affect or negatively influence the names and other content protected by Bitoon Games, SL's intellectual property rights, or give the mistaken idea that the web page or organisation is sponsored, supported, affiliated or associated with Bitoon Games, SL in any manner. The User or company also may not display this Bitoon Games, SL web page in a frame accessible on another web page or alter the intellectual property or content of Bitoon Games, SL in any manner. The User or companies also may not publish a link to the Bitoon Games, SL web page from a web page whose content is considered to be unlawful, offensive, degrading, obscene, racist, defamatory, libellous, promoting illegal or violent acts and, generally speaking, that are immoral or infringe public policy or generally accepted social norms, or which Bitoon Games, SL considers to be inappropriate. Bitoon Games, SL also reserves the right to delete, at its own discretion, any links to web pages it considers inappropriate or thinks is not in accordance with the profile of this web page of Bitoon Games, SL or these terms and conditions. The authorisation initially granted to the User will thenceforth be automatically revoked and Bitoon Games, SL reserves the right to file the pertinent legal claims or action.

3.6 Registration:

It may be necessary to register before accessing any of Bitoon Games, SL's web pages, on-line services or games, sections thereof or any of the services and content therein.

If the User wishes to register, he/she undertakes that the data provided is true, correct, up-to-date and accurate. If Bitoon Games, SL, at its sole discretion, considers that the data provided are not correct, up-to-date or accurate, it reserves the right to prevent the User from accessing the web page or any of its services and to cancel or suspend his/her account.

Consent to register is addressed to responsible adults. Children under 16 years of age may not use Bitoon Games' web pages, on-line services and games without their parents’ express consent. Bitoon Games, SL recommends that parents and guardians supervise their children's activity whenever they are browsing on Bitoon Games, SL's web pages, on-line services and games. Bitoon Games, SL also warns Users to keep their usernames and passwords in a safe place.

However, at any time, Bitoon Games, SL may request that you send a paternal consent form signed and properly filled in authorising the child's use of Bitoon Games, SL's web pages, when so deemed appropriate.

If a User finds out that a child has registered on Bitoon Games, SL's web pages without the consent of either of his/her parents or his/her guardian, he/she must immediately contact Bitoon Games, SL to delete the profile and, when applicable, create a new one.

Users alone are responsible for maintaining the confidentiality and privacy of their username(s), password(s) and their accounts, as well as the activities related to those accounts. In particular, the User undertakes to put sufficient protective measures in place to prevent access to their accounts by third parties without consent. Among other aspects, the User undertakes to correctly log out of his/her account at the end of the session. The User shall immediately inform Bitoon Games, SL of any fraudulent use of his/her username, password and account.

3.7 Payment services:

The web pages of Bitoon Games, SL may contain conditional-access sections and/or services for which it is necessary to provide an adult’s personal details too. Bitoon Games, SL represents and warrants that under no circumstances will it keep Users' banking information. The payment and telephony platforms are responsible for keeping said personal data confidential. Users are therefore recommended to access the privacy policy of each operator (for example, PayPal, Bibit, Allopass, etc.) before making a payment. Bitoon Games, SL is committed to Users' security, so it has contracted secure payment platforms to provide these electronic services. In spite of the foregoing, if Users observe any anomalies in any of these services they should contact Bitoon Games, SL as soon as possible. In any case, Users recognise and accept that the aforementioned platforms alone will be responsible for the safekeeping of Users' banking details, not Bitoon Games, SL, which is not liable for any responsibilities that may arise due to these activities.

The payment services may be used to acquire virtual money (bitoons) to purchase services to improve gameplay as well as "virtual goods" of many different kinds.

Once the virtual currency purchase transaction has been carried out, since it is not connected to a real object but rather a service, there will be no refunds.

It is important to define a “virtual good” as a value-added service for gameplay and not as a real good. Therefore its lifetime and characteristics are subject to the operation of the service in question, which may change at the discretion of Bitoon Games, SL in the spirit of improving gameplay.

Therefore, since the purchase of “virtual goods” is always connected to the lifetime of the on-line service or the game in question, it also may not be reimbursed if the company's business or the relevant service ends.

It is also important to stress that virtual goods and services may be exchanged between users through the systems that Bitoon Games, SL makes available to them and that in such case Bitoon Games, SL accepts no responsibility for the users' misuse of these systems.

It is strictly prohibited for users or users and companies not authorised by Bitoon Games, SL to exchange virtual goods and/or “virtual currency” belonging to Bitoon Games, SL's web pages, on-line services or games (in any of its forms, whether bitoons, duddies or any developed in the future) for money. Bitoons Games, SL reserves the right to close any account or accounts created by users that break this rule without the need for prior notice or the reimbursement of any virtual good or credit pending or used thereby. In addition to the foregoing, Bitoon Games, SL accepts no responsibility under any circumstances for transactions carried out outside of systems that Bitoons Game, SL makes available to its users.

Bitoon Games, SL reserves the right to close any account or accounts created by users that act in bad faith in the exchange of goods or services without the need for prior notice or the reimbursement of any virtual good or credit pending or used by that user.

3.8 Forums and public communication services:

For the purpose of these Terms and Conditions of Use, “forum” means instant messaging services, the publication of messages on forums or blogs, the sending of SMS and mobile phone or e-mail messages, as well as any other similar service offered on any Bitoon Games, SL web page.

The User that takes part in any forum on the Bitoon Games, SL web pages undertakes to comply with the terms set forth below.

The forums on Bitoon Games, SL's web pages are aimed at different categories of Users, so Users must respect the nature of each of them. Forums offer the possibility of communicating through text. Bitoon Games, SL prohibits children from taking part in forums unless they are in the presence of or accompanied by their parents. Bitoon Games, SL recommends that parents educate their children in the use of forums.

The User accepts that any information sent to a Bitoon Games, SL web page through any forum will be sent via the internet, so any information contained in those messages may not be kept confidential. The User expressly accepts that the forums and services on Bitoon Games, SL's web pages are public not private communication forums. Bitoon Games, SL warns the User of the risk of providing personal information through services of this type, such as publishing messages on forums or instant messaging conversations, which other people may have access to and make use of. Bitoon Games, SL cannot guarantee the security of the information the User discloses on these kinds of services, so if he/she does so it is the User's responsibility. In any case, Bitoon Games, SL recommends that Users use false names, aliases or nicknames on forums and encourages participants never to provide their personal data to prevent third parties from acting in bad faith from making malicious use of that information.

Users alone are responsible for the content of messages sent to forums. Under no circumstances does Bitoon Games, SL accept any responsibility for the contents or opinions published or sent to forums. Therefore, the User alone is exclusively responsible for the contents of the messages he/she publishes under his/her username and the use he/she makes of the information in the forums. Bitoon Games, SL reserves the right to delete or modify the contents of any message or any forum at any time, for any reason, at its sole discretion.

Bitoon Games, SL warns Users of some precautions they should take when accessing a forum. For example, when Users take part in a forum, they should not assume that the other people taking part are who they say they are, know what they say they know or are connected to the people they say they are. Information on a forum may not be reliable and it is not recommended to take important decisions such as commercial relationships or investment decisions based solely or mainly on information the User cannot verify. Bitoon Games, SL cannot accept responsibility for the contents or accuracy of said information, and accepts no responsibility for any commercial, investment or other decision based on it.

Bitoon Games, SL also reserves the right to delete the contents of instant messaging, messages published and e-mails that are off-topic in the forum in question.

Lastly, Bitoon Games, S.L. reserves the right to close any account or accounts created by users that break any of the rules of conduct on the forums without the need for prior notice or reimbursement of any virtual good or credit pending or used by that user.

3.9 Internal message use and other communications:

Some Bitoon Games, SL web pages allow messages to be sent. The User must use messages only for non-commercial purposes. Commercial use and mass sending of messages is strictly prohibited. Sending messages using automated programs is not permitted. Messages must not contain inappropriate language, content owned by third parties, or content that is unlawful, offensive, degrading, obscene, racist, defamatory, libellous or, generally speaking, that is immoral or infringes public policy or generally accepted social norms, nor may they promote illegal or violent acts. Messages that do not comply with these terms and conditions must not be sent and the sending of such messages is the User's responsibility.

Bitoon Games, SL reserves the right to close any account or accounts created by users that infringe any of these rules with no need for prior notice or reimbursement of any virtual good or credit pending or used by that user.

3.10 Security measures:

Bitoon Games, SL puts security measures and technologies in place that are reasonably appropriate for the correct operation of Bitoon Games, SL's web pages. In spite of the foregoing, Bitoon Games, SL cannot guarantee or take responsibility for the non-existence of viruses or for other elements (such as programming errors) that may cause alterations to computer systems or that obstruct access to Bitoon Games, SL's web pages.

3.11 Use of cookies:

Bitoon Games, SL's web pages may use cookies (small computer files that the server sends to the computer of the person accessing the web page) to enable browsing and the correct operation and viewing of web pages. Users may enable or disable the use of cookies through their browser. Under no circumstances may Bitoon Games, SL use cookies to gather information about Users that allows them to be identified.

3.12 Users' contributions:

Bitoon ames, SL thanks Users for their comments and suggestions about the products and services offered, and the operation of Bitoon Games, SL's web pages. However, the company's internal policy does not allow Bitoon Games, SL to accept or assess any ideas, suggestions or creative content that have not been expressly solicited by Bitoon Games, SL beforehand. The purpose of this policy is to prevent misunderstandings when, for example, the company's employees design a project that other people may think is similar to their own work. Users must therefore refrain from sending original creative work of their own, such as plots or ideas, scripts or original graphic material. Bitoon Games, SL values Users' suggestions about the company's services and products, but Bitoon Games, SL advises Users to restrict themselves to comments about those services and products and not to send ideas, suggestions or content they have created themselves.

Some sections of Bitoon Games, SL's web pages, on-line services and games may explicitly encourage participation in certain activities (chatting through instant messaging, publishing messages on forums, blogs or taking part in competitions, for example), or sending concepts, suggestions, ideas, preferences, comments or other kinds of information or content (jointly referred to below as "the voluntary contributions"). That stated in the previous paragraph fully applies to all voluntary contributions.

By making a voluntary contribution the User recognises and accepts that it is sent of his/her own free will without any expectation of any remuneration, contribution or action by Bitoon Games, SL. Therefore, the User recognises that sending contributions will not establish any commercial, contractual or legal relationship with Bitoon Games, SL concerning said content. In particular, under no circumstances will the invitation to make voluntary contributions be regarded as an offer, authorisation or licence to create any kind of work inspired by Bitoon Games, SL's intellectual property or to collaborate with Bitoon Games, SL in its own process of content creation.

Therefore, the User accepts and understands that no content of any kind that he/she sends to Bitoon Games, SL, whether or not in response to an invitation to do so, is protected by intellectual property rights. The User consents and therefore accepts that Bitoon Games, SL is entitled to use said content, if it so deems appropriate, without undertaking any obligation towards the sender, who hereby waives all rights and actions recognised by law.

If the User does not agree with Bitoon Games, SL's policy concerning the sending of materials, he/she must refrain from sending any kind of material to Bitoon Games, SL.

If the content sent by the user is protected by any intellectual or industrial property right, the User understands that when it is published or uploaded onto Bitoon Games, SL's web pages or put up on them, he/she is automatically and irrevocably:

i. assigning and granting Bitoon Games, SL all of the rights to which the User's content is subject worldwide, such as but not limited to copyright and authorisation (if applicable) for display, reproduction, distribution, public communication, making available, conversion, modification, publication, development of derived products and any other kind of commercial exploitation by Bitoon Games, SL or other people authorised by Bitoon Games, SL, in any manner and by any means, currently known or that may be thought up in the future, in whole or in part, without any obligation whatsoever to pay the User or third parties during the entire term all of the rights are in force (together with possible extensions and renewals) insofar as the applicable regulations allow, in perpetuity;

ii. waiving all moral rights over the content that the User may have anywhere in the world in the manner allowed by the applicable regulations;

iii. granting full powers of attorney to Bitoon Games, SL to sign any document or take any action that Bitoon Games, SL judges appropriate to confirm the granting, assignment, authorisation and waiver stipulated above, and the User undertakes to cooperate with Bitoon Games, SL for that purpose;

iv. guaranteeing that it is the owner of the content sent and that it complies with the legal terms and conditions for accepting this agreement;

v. recognising that the User's content is not subject to any non-disclosure or any other kind of obligation in relation to the User him/herself of any third party and that Bitoon Games, SL accepts no responsibility for the use or dissemination of that content.

Bitoon Games, SL reserves the right to delete any content, if it so deems appropriate, to hand over to the police any content that has been published or sent in any of the formats mentioned that infringes the rules set out herein.

Bitoon Games, SL in particular reserves the right to comply with the orders and cooperate with the police and any public authorities to identify any user that is using Bitoon Games, SL's web pages to break any applicable law, including that of third countries.

FOUR. DATA PROTECTION:

The conidentiality of your data is important to Bitoon Games, SL, so we invite Users to access the company's Privacy Policy, which is accessible through Bitoon Games, SL's web pages. The Privacy Policy is an integral part of the Terms and Conditions of Use.

FIVE. OWNERSHIP OF THE CONTENT AND INFORMATION AS INTELLECTUAL PROPERTY:

The content on Bitoon Games, SL's web pages is protected by Spanish intellectual and industrial property regulations, international treaties in force in Spain and other rules that may apply. All of the information on Bitoon Games, SL's web pages is the intellectual property of Bitoon Games, SL or its subsidiaries or associate companies and/or its assignors or assignees. All of the registered trade marks, service marks and trade names are the property of Bitoon Games, SL, its subsidiaries and/or its assignors or assignees. All of the logos, characters, animations, scripts, names and elements related to the aforementioned content are the sole and exclusive property of Bitoon Games, SL or its subsidiaries or associate companies and/or its assignors or assignees.

Using the information on Bitoon Games, SL's web pages for commercial or public purposes is strictly prohibited. It is also expressly prohibited to market any of Bitoon Games' on-line services or games, or reproduce, publicly communicate, distribute, make available, convert, display, sell, auction, rent, loan, give away, market, exchange or use any text, graphic, photography, visual or sound content, still or any other content on Bitoon Games, SL's web pages for any purpose, in any form, medium or technology, known or currently developed or that may be created in the future, including the use of any of the content mentioned on any other web page or computer network without the prior consent of Bitoon Games, SL in writing. Any action required for the operation and normal use of Bitoon Games, SL's web pages by their Users is exempt from the foregoing.

It is also prohibited to produce work based on the content of Bitoon Games, SL's web pages, such as but not limited to products, services, fonts, icons, link buttons, desktop wallpapers, desktop themes, postcards and e-greetings and products commercially distributed without licences from Bitoon Games, SL and without the prior, written consent of Bitoon Games, SL (whether for sale, exchange or as a gift). The User may download content onto a single computer for his/her private, domestic use alone, solely and exclusively when the section allows it, subject to keeping the legal notices concerning their intellectual and industrial property intact. Any modification or use of the content for other purposes constitutes an infringement of Bitoon Games, SL's intellectual and industrial property rights.

The User cannot use Bitoon Games, SL's web pages or its services in a manner that may damage, disable, overload or harm any web page or interfere with the use and enjoyment of any of the web pages by other people. The User may not attempt to obtain unauthorised access to any web page, or to other accounts, computer systems or networks connected with any server through hacking, decrypting passwords or through any other means. The User may not obtain or attempt to obtain any content or information through a means that has not been made available for that purpose through Bitoon Games, SL's web pages.

If the User downloads computer applications from any Bitoon Games, SL web page with Bitoon Games, SL's authorisation, the User will be authorised to use those applications, whether files, images included in or generated by the application, or the data that accompany it (generally referred to below as "the applications") by Bitoon Games, SL or those who granted the licences exclusively for private, domestic use. The User recognises and accepts that he/she has no right of ownership over the applications. He/she is not authorised to redistribute, sell, auction, decompile, apply reverse engineering, disassemble or try to identify the applications' source code in any manner.

Bitoon Games, SL has designed a process for making complaints against third parties in the event a User deems his/her intellectual property rights are being infringed. In that case the User must send written notice to Bitoon Games, SL's registered office, which must contain at least the following points:

The physical or electronic signature of the person authorised to act in the name of the holder of the allegedly infringed exclusive intellectual property rights;

Identification of the protected work;

Identification of the material that allegedly gives rise to the reported infringements of intellectual property, as well as its location;

The complainant's contact details, such as: full name, address, telephone, e-mail address and copy of his/her passport, national ID card or equivalent;

A statement about the reported infringement as well as recognition of the truthfulness of the information provided;

Any other data, information or evidence that allows Bitoon Games, SL to assess the importance of the claim with greater knowledge.

Sending such a complaint implies that the complainant authorises Bitoon Games, SL to make use of the data and information it contains at its own discretion. The User recognises and accepts that the making of such a complaint does not place Bitoon Games, SL under an obligation to make any kind of decision about the matter one way or the other.

SIX. USERS' LIABILITY:

The User agrees to compensate, defend and hold Bitoon Games, SL and its subsidiaries, officers, managers, owners, agents, providers of information, and grantors and beneficiaries of licences (generally referred to as the "indemnified parties") harmless in relation to all kinds of responsibilities and costs (including reasonable legal fees) that the indemnified parties incur due to any breach of the Terms and Conditions of Use, the Privacy Policy, and any other applicable terms and conditions and/or the regulations in force by the User.

SEVEN. LIMITED LIABILITY:

Under n circumstances will Bitoon Games, SL accept any liability such as but not limited to liability arising from negligence, direct or indirect damages, unforeseen events, etc. that result from the use or impossibility to use any Bitoon Games, SL web page, on-line services or games or their content or functions, even if Bitoon Games, SL has been notified of the possibility of such damages taking place. Bitoon Games, SL will not accept full liability for the damages, losses and causes of the claim, whether contractual or tortious (such as but not limited to cases of negligence) or any other kind for an amount higher than the User has paid or €100, whichever is lower, due to accessing or taking part in any activity related to Bitoon Games, SL's web pages, on-line services or games.

EIGHT. MODIFICATION:

Bitoon Games, SL reserves the right, at its sole discretion, to change, modify, add or remove part of these Terms and Conditions of Use at any time.

In that case Bitoon Games, SL may send the new Terms and Conditions of Use and/or Privacy Policy by e-mail to the last e-mail address provided by the User, and undertakes, in any case, to publish a visible notice concerning the change, modification, addition or removal in question on the web pages to which these Terms and Conditions of Use refer.

Any modification will enter into force immediately and automatically from the publication of the changes on Bitoon Games, SL's web pages.

NINE. TERM:

These Terms and Conditions of Use, as well as the Privacy Policy and other terms in them, were drawn up and approved by Bitoon Games, SL on 1 January 2011 and will remain in force until such time as they are replaced by others by means of their being published on Bitoon Games, SL's web pages or when Bitoon Games, SL terminates them, as set out below.

Bitoon Games, SL may terminate access to any of Bitoon Games, SL's web pages without the need to give a reason or any prior notice. Once the operation of any of Bitoon Games, SL's web pages ends, the User undertakes to cease the use of them and destroy all content obtained from them, as well as any copies they may have, whether or not regulated by the Terms and Conditions of Use.

TEN. GENERAL PROVISIONS

If any of the terms in these Terms and Conditions of Use is declared void, unlawful or inapplicable, said provision shall be regarded as if it were not included, without that affecting the validity and applicability of the rest of the provisions.

If Bitoon Games, SL occasionally waives the application of any of these provisions, that may not be interpreted as a complete waiver of the Terms and Conditions of Use or any of the provisions by Bitoon Games, SL.

ELEVEN. APPLICABLE LAW AND JURISDICTION:

These Terms and Conditions of Use are governed by Spanish law and shall be interpreted in accordance therewith.

Any dispute that may arise concerning the Terms and Conditions of Use shall be subject to Spanish jurisdiction. Users expressly waive any other venue that may apply to them, so any action or claim that may be filed must be filed in the courts and tribunals of Madrid, Spain.