TERMS OF SERVICE
These Terms of Service govern the use of the Site by the Customer.
For the purposes of these Terms of Service the following expressions shall have the following meanings:
- 'the Company' means SCS Software s.r.o. whose registered office is at Jihlavská 1558/21, Michle, 140 00 Praha 4, Czechia;
- 'the Customer' means a customer of the Company (or of an authorized agent or reseller acting on behalf of the Company) in possession of a legal copy of the Game;
- 'the Game' means the game Euro Truck Simulator 2 or the game American Truck Simulator developed by the Company;
- 'the Permitted Activities' means the legitimate use of the Site by the Customer in accordance with its functionalities as set out by the Company;
- 'the Site' means the Company's community website for the Game located at www.worldoftrucks.com;
- 'the Service' means the provision of the Site to the Customer by the Company for or in connection with the Permitted Activities;
TERMS AND CONDITIONS
By clicking on “Create Account” button upon registration into the Service the Customer agrees to the following Terms and Conditions of Service.
1. LEGAL AGREEMENT
1. By clicking on “Create Account” button upon registration into the Service Customer agrees and enters into a legally binding contract with the Company in accordance with the Terms and Conditions set out in these Terms of Service in relation to the Service; such binding contract shall be concluded in English language upon registration of the Customer to the Service and stored with the Company and shall be disclosed to the Customer upon request; the Customer may correct errors and omissions of the registration anytime by editing the Customer`s profile.
1.3 The Service is provided to the Customer by the Company in consideration of the Customer's acceptance of these Terms of Service.
1.4 In addition to the express provisions of these Terms of Service the Customer is (and shall be) bound by any policies, rules, codes of behaviour or conduct in relation to the Game and/or the Service, including but not by way of limitation, any direct or individual instructions, directives or requirements communicated to the Customer by the Company from time to time.
1.5 This legal agreement shall include (and be deemed to include) any and all amendments, revisions, updates and/or replacement provisions made from time to time by the Company in relation to the Service, including without limitation amendments to these Terms or Service; the Company shall notify the Customer reasonably in advance by e-mail message to the address used by the Customer for registration to the Service and / or by displaying a message upon Customer`s next login to the Service. Should the Customer not agree to the amendment, the Company reserves the right to terminate the contract with the Customer for the provision of the Service.
2.1 The Customer represents and warrants to the Company that the Customer is the legal and legitimate user of the copy of the Game with which the Customer registers to the Site.
2.2 The Customer represents and warrants to the Company that the Customer has obtained all necessary consents in relation to images and/or footage posted or uploaded to the Site in connection with the Permitted Activities where the Customer is not the sole creator or originator of images posted to the Site.
3.1 When using the Site the Customer will:
3.1.1 create and register a user profile as required by and in accordance with the log-in procedure detailed on the Site;
3.1.2 only upload screen-shot or screen-capture images taken from the Game;
3.1.3 comply with all policies, rules and/or regulations posted on the Site or communicated to the Customer by the Company from time to time;
3.1.4 not post, upload or in any other way publish images or screen-capture images or content of an obscene, offensive or indecent nature (including images or content reasonably likely to offend other people or third parties);
3.1.5 only upload screen-shot or screen-capture images in keeping with the nature and purpose of the Game;
3.2 that in the event that the Customer fails to comply with Clause 3.1 or uses the Site in a way not compliant with the policies or requirements of the Company the Customer will remove, rectify and/or delete any such images uploaded to the Site forthwith upon receiving notification of such objection from the Company;
4.1 In consideration of the Customer`s agreement to the terms and conditions of these Terms of Service the Company grants to the Customer the right to use the Site for the Permitted Activities.
4.2 the right granted pursuant to Clause 4.1 is a personal, non-exclusive, non-transferable right granted to the Customer only.
4.3 in exercising the rights granted to the Customer pursuant to this Clause 4 the Customer agrees that it will use all reasonable endeavours to exercise such rights in a manner compliant with the objectives and purpose of the Game and the Site and with the values of the Company.
5. TERMS AND CONDITIONS OF USE
Notwithstanding the aforementioned and other Terms and Conditions of these Terms of Service use of the Site and the Service by the Customer is permitted SUBJECT ALWAYS TO the following Terms and Conditions and the Customer expressly agrees with the Company that:
5.1 the Customer will not copy, distribute, publish, permit access to or in any other way use the Site or the Service for any purpose or purposes other than the Permitted Activities;
5.2 the Customer will only access the Site and the Service through the authorised gateway and log-in procedure provided by the Company to the Customer;
5.3 the Customer will not amend, alter or change (or seek to amend alter or change) the Site or the Service in whole or in part;
5.4 the Customer will only use the Site and the Service for the Permitted Activities (as permitted, altered, amended and/or revised by the Company from time to time);
5.5 the Customer will not alter, amend or change (or attempt or seek to alter, amend or change)(such expressions to include (but not be limited to) circumvention, disabling or interference with) the security settings or other security related features, systems and/or infrastructure of the Site and/or relating to the Service;
5.6 the Customer will not use the Site or the Service for or in connection with any commercial activity without the prior written consent of the Company;
5.7 notwithstanding (and in addition to the provisions of) Clause 5.6 the Customer shall on no account use the Game, the Site and/or the Service for or in connection with any advertising, promotional, sponsorship or related activity or activities without the prior written consent of the Company;
5.8 the Customer shall not use or launch any automated system (including, without limitation, any robot, spider or offline reader) in connection with or in order to gain access to the Site or the Service where such system generates (or is capable of generating) or sends (or is capable of sending) an unreasonable volume of requests, messages and/or other data or requests that would create an unreasonable load, demand or burden on the Site or the Service (as the Company shall deem unreasonable from time to time);
5.9 the Customer shall not collect or harvest (or seek to collect or harvest) the personal details and/or other details or information relating to users of the Site and/or the Service;
5.10 the Customer shall not approach, solicit or in any other way contact other users of the Site other than through the Site and/or the Service or in a manner compliant with the Permitted Activities and the nature of the Site and/or the Service; and
5.11 the Service is provided free of charge. However, the Customer may be charged the fees for the data connection to the Site by the respective service provider.
6. CONFIDENTIAL INFORMATION
6.1 The Customer hereby accepts and acknowledges that it will keep and maintain confidential all and any information relating to or arising out of or as a result of its use of the Site and/or the Service.
7.1 Notwithstanding (and in addition to) the other Terms and Conditions of these Terms of Service the Customer agrees and grants to the Company a worldwide, sub-licensable and transferable licence to use all and any screen-capture images, footage, postings, uploads and other material or materials posted or uploaded to the Site by or on behalf of the Customer during it's use of the Service in connection with the Permitted Activities and expressly permits and authorises the Company to use all or any such screen-capture images, footage, postings, uploads and other material or materials in connection with its business and/or the other activities of the Company which (for the avoidance of doubt) shall include (but not be limited to) promotional and/or advertising activities in relation to the Game, the Site and/or the Service; such license shall be unlimited as to time, volume and purpose of use and shall include the right to modify, adapt, translate and / or publish the above materials, enter them into collection of works or audiovisual work and authorize any third person to perform such activities.
8.1 The Company reserves the right to terminate, revoke, rescind and/or cancel the licence and any right or rights granted to the Customer at any time and for any reason including (but not by way of limitation) in the event of misuse of the Site and/or the Game or in the event of breach of the Terms of Service detailed herein (including, but not by way of limitation, any activity, use or reference to the Site, the Game or the Permitted Activities for purposes not compliant with the objectives of the Game, the policies of the Company or otherwise approved by the Company.
8.2 The Customer may terminate the Service at any time by deletion of his / her profile. Such deletion shall not affect the license of the Company to use the materials provided by the Customer in accordance with Clause 7.1, provided that such use commenced before deletion of Customer`s profile.
9. SUSPENSION AND MODIFICATION
9.1 the Company shall have the right to temporarily or permanently suspend the Service and/or the Site at any time in whole or in part and (but not by way of limitation) in relation to individual Customers or groups of Customers for the following reasons:
9.1.1 technical reasons (including (but not limited to)) technical or support or service reasons arising in connection with the existing or future business requirements or needs of the Company (including (but not by way of limitation)) for the purposes of maintenance, modification of the Site and/or the Service, business and/or product development and/or for any other technical reason whatsoever;
9.1.2 misuse of the Site and/or the Service; or
9.1.3 any other reason reasonably arising out of or in connection with the existing and/or future business or other activities of (or arising in connection with) the Company.
9.2 As the Service is free of charge, the Company makes no representation or warranty regarding the availability of the Site and / or any Service.
9.3 The Company may modify the Site and / or any Service at any time and at its full discretion.
10.1 The Customer shall indemnify the Company in relation to any and all direct or indirect losses or consequences resulting from the use of the Site by the Customer in violation of these Terms of Service and / or any applicable laws.
11.1 Notwithstanding the aforementioned Clauses of these Terms of Service the Customer agrees that it will use the Site and the Service in a responsible way and will comply with all reasonable requests, directions, rules, regulations and/or policies made, put in place and/or communicated to the Customer by the Company from time to time in relation to the Site and/or the Service.
11.2 As the Service is provided free of charge, the Company shall not be liable to the Customer for any losses resulting from unavailability or interruption of the Service; further, the Company shall not be responsible to the Customer for or in relation to any direct or indirect losses, costs and/or expenses experienced, incurred or in any other way arising as a result of the use of the Site and/or the Service by the Customer and all liability for any such losses costs and/or expenses are hereby expressly excluded to the full extent permitted by the applicable law.
12. DISPUTE RESOLUTION
12.1 Any dispute arising under the terms of this Agreement and Terms of Service in relation to use of the Site by the Customer and/or in relation to the Permitted Activities which cannot be resolved amicably shall be resolved exclusively by the courts of the Czech Republic, unless mandatory provisions of applicable law require or allow to initiate proceedings in courts of another country (such as the country of consumer`s domicile with respect to consumers domiciled in an EU member state).
12.2 Consumers may also resort to ADR for consumer disputes organized by the Czech Trade Inspection (http://www.coi.cz). Consumers habitually resident in another EU member state, Iceland or Norway may also refer to their local member of European Consumer Centers Network.
13.1 References in these Terms of Service to the singular shall include the plural (and vice versa) and reference to the masculine shall include the feminine and neuter.
14.1 In the event of the unenforceability, amendment, deletion and/or removal of any Clause or Clauses contained in these Terms of Service (in whole or in part) the remaining terms and conditions shall remain in full force and effect.
15. APPLICABLE LAWS
15.1 These Terms of Service are governed by the laws of the Czech Republic; however, consumers who have a habitual residence in an EU member state cannot be deprived of the protection awarded to them by the mandatory rules of that state.
This document was last updated on May 23, 2018