These Terms of Service will be effective from May 24, 2018.

§ I. Preamble

  1. These Terms of Service constitute the “general conditions” as per art. 298 of the Bulgarian Commercial Act. This Terms of Service are applied to all services, products, websites, games, content, together referred as “Products” and/or “Services”, managed by Waphoo JSC.
  2. These Terms of Service does not apply to any third-party services or websites linked from or integrated in any service or website of Waphoo JSC. Such third parties have their own Privacy Policies and Terms of Service, which Waphoo does not control in any way.
  3. When these terms mention “Waphoo JSC”, “Waphoo” “we,” “us”, “our”, “ours” or “Administrator” it refers to the Waphoo company.
  4. By registering to Our products, Users declare that they are aware, understand, and accept in full any and all of the following provisions of these Terms of Service. “Users” within the meaning of these Terms of Service are all individuals entitled to registration under the terms of Section II below.
  5. All services, products, websites, games, content, together referred as “Products” and/or “Services” are owned by Waphoo JSC, a joint-stock company incorporated and existing under the laws of Bulgaria, registered with the Commercial Register at the Registry Agency with UIC 203155883.
  6. These current General Terms of Service have been drawn up by the Administrator and may be amended and/or supplemented only (a) by mutual consent of the User and Administrator expressed in written form, or (b) unilaterally by the Administrator. In the first case (a) the amendment has the force and effect only in relations between the Administrator and the specific User and does not apply to other Users. In the second case (b) the amendment enters into force for all registered Users after publication of the amendment. We may also publish additional notices on social network pages, and on other our websites.
  7. Bulgarian law applies to these current Terms of Service and all relations between the Administrator and Users with relation to the use of our Products and other services provided by Us.
  8. All claims relating to the use of our Products and/or arising between the Users upon and/or in connection with these Terms of Service, including disputes arising from or concerning their interpretation, invalidity, performance or termination of the relationship between the User and the Administrator, as well as discussions regarding filling gaps in the General Conditions or their adaptation to new circumstances shall be resolved by the Arbitration Court of the Bulgarian Chamber of Commerce, city of Sofia, in accordance with its Rules of cases based on arbitration agreements.

§ II. Terms of registration

Some of our products or services may require registration and and in such cases certain rules apply.

  1. The following individuals have the right to register to our Products:
    1. (i) individuals who are at least 13 years of age, and only on condition that these individuals are not placed under guardianship and/or whose capability is not limited in any other way;
  2. If you are a parent who exercises parental rights and/or guardian or custodian/or under the law of the state whose citizen you are, exercise any other kind of guardianship of such person’s consent and provide for the registration of your child or the individual under your care, then upon registration you, as their legal representative, agree that the provisions of these Terms apply both to you and to those individuals in cases where such individuals use the product (with or without your expressed knowledge and consent). You shall monitor your Account to inspect use by minors, and you will monitor access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument by minors;
  3. Individuals who do not meet the above conditions are not entitled to registration to Our Products. By completing a registration to Our Products, each User states that they satisfy the requirements of Art. 1. If the administrator subsequently finds out that the User within the meaning of the preceding sentence is not eligible for registration, the Administrator may, without any prior notification to the User, cancel the registration and respective User account and take away all accumulated in-game virtual currency and/or virtual items associated with that User account at the time.
  4. If a legal entity is registered, the registration should be carried out only by individuals who legally represent it. In the event that a person other than those mentioned in the previous sentence carries out the registration, that person as an individual shall incur all obligations relating to the registration.
  5. We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you (for example, by email or through our Products) after publication of the amendment and give you an opportunity to review them. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. In the event that some of these conditions be amended and/or supplemented, and the User does not agree with it, the latter is obliged to inform in writing the Administrator of Our Products immediately or request from the Administrator to delete their registration and their account and incur all related potential adverse effects arising thereof (incl. the possible loss of virtual in-game currency). In case the User has not notified in writing the Administrator of disagreement and/or deletion of their registration or has not taken the necessary measures to remove their registration and account it is considered that the User agrees fully with the amendment and/or supplement of these Terms of Service. We will treat your continued use of Our Products or any online games of ours as acceptance of these changes from their effective date as shown above.
  6. Registration to Our Products and its termination are voluntary (except for compulsory termination with punitive character – i.e. see Section § VII. “Ethics and User behavior” below) and depend solely on the will of the User.
  7. Registration to Our Products is free. The only condition is to meet the User requirements and conditions within the meaning of these Terms of Service and declare full and unconditional acceptance of these Terms of Service.
  8. In the process of registration all Users must complete a registration form with the minimum necessary and optional content. Proper completion of the minimum required content is a prerequisite for successful registration of the User. The fields with optional content are filled in upon the will and at the independent discretion of the User.
  9. By registering Our Products each User declares that he/she agrees and does not object to the provision and processing of personal data provided in the registration process, or which they will subsequently provide – during the use of services provided by Our Products. For more details, please read our Privacy Policy.
  10. Data provided by any User upon registration is considered complete and correct until proven otherwise. All Users registered to Our Products, are responsible for the veracity and the integrity of the data provided in connection with their registration. The Administrator reserves the right to edit the information provided upon registration by each User, to delete that part of it which in his own independent judgment is contradicting the rules of these General Terms and/or morals.
  11. Some of the data provided by the User upon registration, the data from the profile of the User, as well as any other information that the Administrator possibly deleted under the previous provision, may be visible to other registered Users. For more details, please read our Privacy Policy.
  12. The User has the right to change and update the personal information that is designated for the purpose of creating their profile at Our Products at any time. User’s right to make such changes is applied to the analogous application of the requirements mentioned above (including but not limited to: availability of minimum information, necessary requirements for the spelling and length of Username and more).
  13. By registering to Our Products, each User states and declares to respect the personal space of other Users and not to make racist, xenophobic and discriminating statements and shall not (a) violate, impair or otherwise harm protected by copyright, trademark or other intellectual property rights of others; (b) reveal trade secrets, unless their own trade secrets unless the disclosure shall be made with the consent of the owner; (c) disseminate content that is offensive, offending public decency, indecency, pornographic, violent, obscene, provokes hatred and intolerance, aggressive or otherwise violates laws and/or protected rights and legal interests of other individuals; (d) distribute contents that contain viruses, Trojan horses, worms, time bombs or other computer programs, algorithms or computer practices that are likely to damage, disrupt or otherwise adversely affect the functional life of Our Products, the games offered there, as well as the technical means to access the Products by other Users. We are under no obligation to monitor User Content. In some cases, described in our Privacy Policy (most important to provide a safe environment to our users), we may monitor or disclose your information including user content. You should be aware of the potential risks of using a service which includes extensive User Content. User Content may be inaccurate, out of date or otherwise inappropriate. We cannot guarantee that Users will comply with our Terms of Service, rules or otherwise behave appropriately. You should not assume that a person is who he or she claims to be. In your own interests, you should not attempt to contact any User outside Our Products.

§ III. Account

In case of registration requirement to use the products, account is created.

  1. Upon successful registration to Our Products each User opens an account. “Account” within the meaning of the preceding sentence is the aggregate of data that the User provides for registration by which he is uniquely identified within the system of Our Products, including all acquired virtual items upon and/or in connection with the participation of Users in games offered within Our Products.
  2. Every User may hold only one account. It is considered that the owner of the account is the owner and/or holder of the email used for the registration of the User and/or the social network account used to connect. Any possible written and/or oral agreements to the contrary have no binding effect to the team supporting Our Products.
  3. Access to each account is carried out:
    • using the correct combination of (a) Username (selected from each User in the registration process and must meet some conditions like allowed characters and minimum and maximum length and is not identical with the Username of an already registered User) and (b) access password (created upon registration personally by each User and must meet some conditions like allowed characters and minimum and maximum length. After the successful initial registration each User can change the access password for their preferences, but in all cases – taking into account the above mandatory requirements. You agree to keep your password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your password to gain access to your account.
    • or through your account with certain third-party social networking services, such as Facebook or Google.
  4. Each User undertakes not to disclose their password to any third party and is responsible to create all necessary conditions for the application of high standards of information security so that third parties do not have unauthorized access to their password or to Our Products, using their account. To avoid misunderstandings the support team of Our Products undertake no liability associated with improper access to your account by anyone other than you and without your express consent, and/or as a result of such unauthorized access your account it is significantly altered, deleted or removed in any other way, or if the accumulated profits be used by a person without a right of access for purposes other than yours.
  5. Also, the Administrator is not responsible if a third party acquires User’s username and/or password and uses it to get information, change or delete the profile of said User. In addition, the administrator is not responsible to the User in respect of direct, indirect, incidental damages including, but not limited to, damages by loss of profits, goodwill, loss of data or other losses as a result of:
    1. use or the inability to use Our Products;
    2. statements or actions of any third parties in connection with the services on Our Products;
    3. any other issues related to the services offered on Our Products;

§ IV. Products content

  1. All games and services offered within the products, including its appearance, design, source codes, methods of construction and operation are protected by and subject to copyright and related thereto rights and are the exclusive property of the Administrator. Users can copy parts of the content solely for their personal use as far so that they do not violate any copyright protected brands and trademarks featured on Our Products. Saving of parts of the webpage without prior written consent of the Administrator, regardless of the form in which it is carried out, is forbidden.
  2. All trademarks, logos, and characters featured on the site are either property of Administrator or used with the express consent of the owners of these trademarks, logos and signs. It is forbidden for Users to perform any action that may lead to a violation of intellectual property rights related to these trademarks, logos, and signs. In particular, in order to avoid misunderstandings, it is expressly stated that the provision of an opportunity to use the page and its contents by Users does not constitute any authorization or license to use the trademarks, logos, and signs posted on it.
  3. Any attempts by Users to modify the content of Our Products are strictly prohibited, such as adding content which is not necessary for registration purposes and has not been approved in advance by the Administrator and/or changing the rules for participation in games, including by offering bets, and respectively any acts or omissions to act by Users that may result in any change to the non-gambling nature of the games offered on Our Products.
  4. Our Products may contain links to other webpages, domains, mobile applications, social networks and other webpages, domains, mobile applications, social networks may contain links to Our Products. These other webpages, domains, mobile applications, social networks are not under the control of the Administrator and the team supporting Our Products, so the Administrator does not bear any responsibility for the security of operation and protection of personal data offered by such other third parties. Visiting these pages by links on Our Products shall be entirely at the responsibility and risk of each individual User.

§ V. Participation in games

  1. The games offered for use on Our Products, are not considered ‘gambling’. All games available for use on Our Products serve for recreation and entertainment, a demonstration of dexterity and skills or are with cognitive purpose.
  2. Using our products is free of charge. Our products offer different game modes. Participation in some of the game modes is free. In order to take part in other game modes on Our Products, various additional in-game contests, tournaments, as well as receive some additional functionalities, Users may have to register an account and / or to use virtual in-game currency. The virtual in-game currency do not have its own value in any other currency. It do not constitute a means of payment under the applicable law, but only virtual equivalent that pays for the use of some of the services in the games on some of our Products by each User. The virtual in-game currency associated with each User’s account do not bear interest, regardless of the period within which they have not been used by the User.
  3. Depending on the Product and functionalities it provides, it may use virtual in-game currency. Such virtual in-game currency may be purchased through the provided payment systems. The variety of payment methods depends on the selected country and platform.
  4. Exact details of payments are posted on Our Products and may be amended from time to time unilaterally by the Administrator. Any such amendment enters into force and becomes binding for the Users with immediate effect.
  5. The Administrator shall not be liable if due to incorrect money transfer data entry, any payment made by a User is not validated to the accounts of the Administrator and consequently the User account of this person is not credited with the appropriate amount of virtual in-game currency. Due to the fact that payments are made through third-party payment systems, which are outside the control of the Administrator, it is possible that there is a period of time from the moment of payment by the User until the receipt of the corresponding amount by the Administrator respectively the subsequent credit of the User account with the respective amount of virtual in-game currency, the duration of which can not be foreseen. In connection with this, the Administrator cannot be held liable for any delays within the meaning of the preceding sentence, although in the period between the time of payment and the moment of crediting the account of the User with the appropriate amount of virtual in-game currency, the User will not be able to use that amount of virtual in-game currency.
  6. The amounts paid are not recoverable in cash to Users. If a User is being sanctioned due to a game and/or behavior, and/or practices inconsistent with these Terms of Service, the Administrator is not obliged to transfer virtual in-game currency from the sanctioned User’s account to a new account, or to somehow compensate the owner of the account and/or virtual in-game currency associated with that account.
  7. Virtual in-game currency won by a User cannot be cashed and/or redeemed in any form by the Administrator and/or sold to other Users and third parties. Any such agreement between Users and/or third parties shall be deemed null and void will not be binding to the Administrator. The amount of virtual in-game currency owned by a User does not constitute a due amount towards Our Products.
  8. Relations between the Sponsors of Products and the Administrator which are established upon replacing Users’ virtual in-game currency against merchandise and other rewards are not subject to these Terms of Service and are negotiated directly between the Sponsor and Administrator.
  9. In the event of an account termination, regardless of the reasons, and in cases where Users have purchased virtual in-game currency, but have not used it, the User is not entitled to claim a refund of any amounts already paid.

§ VI. Ethics and User behaviour

1. Bugs and breaches

2. Scripts and bots

3. Abusive Behaviour

Being abusive towards others reduces the enjoyment from the game. When engaging in any kind of in-game communication, we kindly ask that you are respectful of others.

Here are some, but not all, behaviours that we consider inappropriate and will not be tolerated:

If you encounter another player being abusive towards yourself or others, please let us. Reports are reviewed by our trained moderators who will take appropriate action.

Consequences of misconduct: Abusive behavior can lead to temporary ban or even permanent game account closure. Making false reports can lead to the same.

4. Buying, selling and sharing game accounts

Selling, buying, sharing or giving game accounts to other players is against our terms of service and never endorsed. Never share your login credentials! An administrator will never ask about your username or password.

5. Cheating

In cases the user plays with / or against other users, it is unacceptable to lose on purpose, influencing the end of the game with deals, forcing of partners to certain actions, or any other behavior that is considered unlawful play. Such behavior can and shall be punished with a temporary ban or termination of the account.

6. Multiaccounting

Multiaccounting means registering of more than one account by one User. In case user registration is required, multiaccounting is prohibited and subject to sanction by blocking and deletion of all registered User accounts without any notification. All accumulated virtual in-game currency and virtual items will be withdrawn from the User, without any due compensation. Penalties for violation of this rule apply no matter if the accounts are used effectively by the User who registered them or not. Entering the game by a single User simultaneously through Our Products and through our partners’ sites is prohibited. For the purposes of the preceding sentence “partner” are all the sites that link to content.

7. Account sitting

Entering with other User’s account (account sitting) is prohibited. Your game account is yours only and can not be used by third parties.

8. Others

9. Account termination

If we determine that you have clearly, seriously, or repeatedly violated our terms or policies, we may suspend, or permanently terminate your account and withdraw of all available at that time virtual in-game currency and virtual items associated with the account. We may also suspend or disable your account if we required to do so by law. Where appropriate, we may notify you about your account the next time you try to access it. In addition, the Administrator is entitled to receive compensation from the breaching party for any other damages suffered as a result of the infringement (including all eventually imposed fines and penalties by the competent authorities).

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us.
If an account is terminated, it cannot be brought back, regardless the circumstances. Once terminated, the account is deleted from our databases permanently and irreversibly. In some specific cases it is possible to retain some information for a certain period after you have closed your account. For more details, please read our Privacy Policy.

10. Who can use our products

We want everybody to use our products freely, but to provide better service and safe environment, and in the products that require registration, there are some limitations. For that reason, you must (regarding your user account):

We try to make our games broadly available to everyone, but you cannot use it if:

11. What you can share and do on our game

Some of our products may provide functionalities that allow users to communicate with each other or post or share content. We want people to use our products to express themselves and to share content that is important to them (if and where such functionality is present), but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

  1. You may not use our Products to do or share anything:

  2. Uploading viruses

You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.

  1. Collecting data

You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.

We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights.

Where appropriate, we will take steps to notify you when we remove your content for violating these Terms. We may not be able to provide notice in all cases, for example if we are prohibited from doing so by law or where it might harm our community or the integrity of our Products. To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.

§ VII. Limited liability

  1. The Administrator cannot give a guarantee that the services offered on Our Products, will at all times:
  2. The registration of a User to Our Products does not guarantee any special treatment by the Administrator. Users expressly agree that the Administrator does not control and is not obliged to exercise such control over (a) which Users access the products; (b) the content that each individual User has access to; (c) how Users interpret and comprehend the contents of the products accessed and/or (d) what actions or omissions may each User undertake as a result of his/hers access to the products and theirs contents. Therefore the Administrator cannot be held responsible for any adverse consequences which might affect one and/or more Users as a result of access to the products and use of the services offered thereon.
  3. Products, services, content, website, and software of all kinds are offered to Users in the form in which they are available at the time, without taking any warranties – whether explicitly, or by implication – on their suitability for use or functional fitness to the objectives of each individual User.
  4. The Administrator restricts to the full extent permitted by applicable law, liability for the accuracy, reliability, accessibility, universality, legality or operability of materials and/or services offered on Our Products. By using the Products each User understands and accepts that the Administrator is not responsible for any damages due to (a) use of the Products; (b) downloaded information contained on the Products; (c) unauthorized use of images, information or data by upload and/or download from the Products by other Users; (d) temporary or permanent inability to access Products’s content because of, including but not limited to, viruses, Trojan horses or other similar parasitic programs of destructive nature.
  5. By accessing it, Users of the Products may have access to other domains, websites, mobile applications, social networks. These other domains, websites, mobile applications, social networks are not under the control of the Administrator and/or the Our Products. Unless explicitly stated otherwise, nor the Administrator, neither members of the team supporting Our Products warrant and declare any facts and circumstances in relation to other domains, websites, mobile applications, social networks, including in terms of information security and its character.

§ VIII. Additional provisions

1. Other

  1. If any provision of these Terms of Service be declared invalid or unenforceable by a competent court, arbitration or other competent authority, other provisions of the Terms of Service, as well as rights and obligations of the Parties based on these other provisions retain their effect. Null and void provisions shall be deemed unwritten in these current Terms of Service and should be replaced by the parties in good faith with applicable and mutually acceptable provisions with similar meaning and effect to that of the null and void provision.
  2. The failure or delay of the Administrator to exercise their rights, right in default, judgment, agreement or other rights under these Terms of Service shall not constitute a waiver of any rights. Single or partial exercise of any such right shall not restrict a future full exercise and does not constitute a waiver of any other rights under these Terms of Service. All waivers or consents of the Administrator granted in these Terms of Service must be in writing.
  3. These Terms of Service shall take effect and bind the parties thereto and their successors. Notwithstanding the preceding sentence, neither party will be entitled to transfer any part of its obligations under these Terms of Service without the prior written consent of the other party. This provision can not be interpreted and applied in a way that limits the ability of the Administrator to transfer their own rights and obligations to a related party, if necessary, or is prompted by reasons of convenience.
  4. These Terms make up the entire agreement between you and us regarding your use of our Products. They supersede any prior agreements.
  5. Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
  6. If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
  7. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
  8. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  9. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
  10. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
  11. We reserve all rights not expressly granted to you.

2. Contact us

If you have any questions or complaints about these Terms of Service you may email us or contact us at:

[email protected]

All other inquiries should be directed to:

Waphoo contact page

http://www.waphoo.net/#contact

Waphoo support email

[email protected]

Waphoo JSC

113 GENERAL KOLEV STREET

FLOOR 6, OFFICE 6.2, 6.3

9000, VARNA

BULGARIA

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