Terms Of Use
Version January 1st, 2024
Welcome to iCOGames! We (iCOGames Ltd., a company established in the Netherlands - hereafter referred to as 'iCOGames', 'we', 'our' or 'us') operate a website, accessible at https://icogames.com. In this document, we explain the terms of use for our iCOGames Website. Please click this link for an overview of the domains referred to as the “iCOGames Websiteâ€. The iCOGames Website may include access to virtual environments, games, and other content, as well as downloadable software or applications for use on personal computers, tablets, mobile devices, or phones. All users of the iCOGames Website (“Website Visitorsâ€) are subject to the following terms and conditions of use (these “Terms of Useâ€).
Please read these Terms of Use carefully before accessing or using any part of this iCOGames Website. By accessing or using this iCOGames Website, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time by iCOGames. If you do not wish to agree to these Terms of Use, do not access or use any part of this iCOGames Website.
iCOGames may revise and update these Terms of Use at any time, and if we do so, we will notify you by posting the revised Terms of Use on the iCOGames Website. Your continued use of the iCOGames Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use or are dissatisfied with this iCOGames Website, your sole and exclusive remedy is to discontinue using this iCOGames Website.
Age
By accessing the iCOGames Website, you attest that you are 16 years of age or older. If you are younger than 16 years, go to our iCOGames Kids website (the “iCOGames Kids Websiteâ€) to which iCOGames Kids version applies.
Use of this website
You agree to use the Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the iCOGames Website any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the iCOGames Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the iCOGames Website any advertisements or solicitations of business; (6) restrict or inhibit use of the iCOGames Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the iCOGames Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the iCOGames Website); (10) post “spam,†transmit chain letters or engage in other similar activities; (11) solicit, provide or exchange any personal information, including but not limited to user names or passwords; (12) “stalk,†“phish,†abuse or harass another user, or attempt to do any of the foregoing; or (13) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the iCOGames Website, or which, as determined by iCOGames, may harm iCOGames or Website Visitors or expose them to liability. Without limiting any of the foregoing, you also agree to abide by any code of conduct and policies applicable to the iCOGames Website or any service available on the iCOGames Website.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the iCOGames Website (including password-protected areas), and all articles and responses to questions, other than the content provided by iCOGames, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of iCOGames. You understand and acknowledge that you are responsible for whatever content you submit, and you, not iCOGames, have full responsibility for such content, including its legality, reliability, and appropriateness. By uploading or otherwise transmitting material to any area of the iCOGames Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the iCOGames Website. You grant to iCOGames the royalty-free, irrevocable, perpetual, transferable and world-wide right and license to use all content you upload or otherwise transmit to the iCOGames Website in any reasonable manner iCOGames chooses, including, but not limited to, copying, displaying, performing or publishing it in any format or media whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Except as expressly authorized by iCOGames in writing, you may not reproduce, sublicense, distribute, sell or exploit for any commercial purposes (i) any part of this iCOGames Website or its content, (ii) access to this iCOGames Website or (iii) use of this iCOGames Website or of any services or materials available through this iCOGames Website, including, without limitation, by leasing access to the iCOGames Website (e.g., at a cyber café), gathering and selling virtual items, codes, pre-paid game cards, or virtual currency through the iCOGames Website, or otherwise.
(d) iCOGames reserves the right, but does not assume any responsibility, to (1) remove any material posted on the iCOGames Website which iCOGames, in its sole discretion, deems inconsistent with the foregoing commitments (including any material that iCOGames has reason to believe constitutes, or for which iCOGames has received notice of its constituting, a copyright infringement; or if the material is in breach with the applicable data protection laws and regulations); (2) monitor and/or record communications between and among Website Visitors for as far as allowed under the applicable law; and (3) terminate any user's access to all or part of the iCOGames Website. However, iCOGames can neither review all material or communication before it is posted on the iCOGames Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, iCOGames assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. iCOGames reserves the right to take any action it deems necessary to protect the personal safety of Website Visitors and the public; however, iCOGames has no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
(e) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the iCOGames Website and may expose you to civil and/or criminal liability.
Privacy: protection of personal information
iCOGames's use of your personal information and your responsibilities in connection with protecting your privacy are described our Website Privacy Statement Policy.
Uploads to your devices
Please note that if you are using downloadable applications from iCOGames, updates to your device's systems or firmware may render your use of the applications incompatible. iCOGames does not warrant that the iCOGames Website or any iCOGames applications will be compatible with any updates to, or prior versions of, your devices. iCOGames may, but is not obligated to, provide you with updates to the iCOGames Website or applications that improve compatibility with updated mobile devices.
Data charges
To the extent that your use of the iCOGames Website or any iCOGames application requires, or permits utilization of, wireless, cellular data, or internet access, you are independently responsible for securing the necessary data access service. For example, with respect to your mobile devices, the provider of your data plans may charge you data access fees in connection with your use of the iCOGames Website or iCOGames applications. You are solely responsible for all such charges payable to third parties.
Copyright restrictions/use of content
The entire contents of this iCOGames Website (including all information, text, displays, images, and audio and any software made available through or in connection with the iCOGames Website) and the design, selection, and arrangement thereof, are proprietary to iCOGames or its affiliates or licensors and are protected by Dutch and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights. You are authorized only to use the content on the iCOGames Website for personal use related to your role as a current or prospective user of the iCOGames Website. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this iCOGames Website without the prior written consent of iCOGames, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the iCOGames Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this iCOGames Website are transferred to you, but remain with iCOGames or the applicable owner of such content.
Software and downloads
If iCOGames offers downloads of, or access to, software on this iCOGames Website and you download or otherwise access such software, the software (including any data or images incorporated in or generated by the software) is licensed to you. You do not receive title to this software and you may not distribute or use the software other than for the purpose of using the applicable feature or service of the iCOGames Website as offered by iCOGames. You may not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of such software. Except as expressly provided, you may not create any derivative works of the software or any services available on the iCOGames Website. This license is revocable at any time without notice and with or without cause. You agree to destroy or return to iCOGames all copies of the software upon revocation of your license to the software and/or termination of your access to the iCOGames Website. The software is subject to all restrictions on use, disclaimers of warranties, and other provisions in these Terms of Use. In the event that the software is also subject to a separate end user license agreement, the terms of such end user license agreement shall control any conflict between those terms and these Terms of Use.
Access and interference
You agree that you will not (a) use any robot, spider, or other automatic device, process, or means to access the iCOGames Website, (b) use any manual process to monitor or copy any of the material on this iCOGames Website or for any other unauthorized purpose without the prior written consent of iCOGames, (c) use any device, software, or routine that interferes with the proper working of the iCOGames Website, (d) attempt to interfere with the proper working of the iCOGames Website, (e) take any action that imposes an unreasonable or disproportionately large load on iCOGames's infrastructure, or (f) access, reload, or “refresh†transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
Trademarks
iCOGames's name and logos, and all related names, logos, product and service names, designs, and slogans contained in the iCOGames Website or any software provided or accessed in connection therewith are trademarks of iCOGames, its affiliates, licensors, and/or contractors unless otherwise clearly specified in writing. You may not use such marks without the prior written permission of iCOGames. All other names, brands, and marks are used for identification purposes only and may be the trademarks of their respective owners.
Liability of iCOGames and its licensors
iCOGames does not assume any liability for the materials, information, and opinions provided on, or available through, the iCOGames Website (the “iCOGames Website Contentâ€). Reliance on the iCOGames Website Content is solely at your own risk. iCOGames disclaims any liability for injury or damages resulting from the use of the iCOGames Website and any iCOGames Website Content.
The website is provided “as is†and “as available,†without any warranty or guaranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. iCOGames, its affiliates, and service providers are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the website. iCOGames shall not be liable under these Terms of Use or otherwise in connection with the website for an amount more than EUR 500 (five hundred euros).
Interaction with other users
As a condition of access to the iCOGames Website, you release iCOGames (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, and contractors) from claims, demand, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute you may have with any other user of the iCOGames Website. iCOGames will have the right but not the obligation to resolve disputes between Website Visitors relating to use of the iCOGames Website, and to the extent that it elects to resolve such disputes, iCOGames will do so in good faith iCOGames Website. You release iCOGames (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, and contractors) from claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with iCOGames's resolution of such disputes.
Indemnification
You agree to indemnify and hold harmless iCOGames and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors, and others involved in the iCOGames Website or the delivery of products, services, or information over the iCOGames Website, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, arising from any violation by you of these Terms of Use or your use of the iCOGames Website or any products, services, or information obtained from the iCOGames Website.
Comments and submissions
iCOGames welcomes your comments. All comments, suggestions, or other information sent by you to iCOGames or its advertisers or business partners in response to solicitations on this iCOGames Website will become iCOGames's property, and you agree that all intellectual property rights therein are herewith transferred in advance to iCOGames. For avoidance of doubt, iCOGames shall own any developments by iCOGames or on its behalf arising out of your comments, suggestions, or other submissions. To the extent iCOGames does not own such materials, you grant and agree to grant iCOGames a non-exclusive, royalty-free, worldwide license to utilize, create derivative works of, distribute, and sublicense such materials for any purpose in connection with iCOGames's web iCOGames Websites, products, and services. You have no expectation of any review, compensation, or consideration of any type for all submissions hereunder.
Links to other websites
The iCOGames Website contains links to other iCOGames Websites on the Internet. iCOGames is not responsible for, and does not endorse, the content, products, services, or practices of any third-party websites. This includes, without limitation, websites framed within the iCOGames Website, as well as third-party advertisements. iCOGames does not make any representations regarding the quality, content, accuracy, or suitability for your viewing or use of these third-party websites and third-party advertisements. Your use of third-party websites is at your own risk and subject to the terms and conditions of use of such a website. In the event that you choose to purchase a product or service from a third party, iCOGames is not responsible for such products or services, as it is not party to such a transaction and is not liable for any direct or indirect costs or damages arising out of any dispute between you and such a third party. Neither iCOGames, its licensors, or contractors, makes any express or implied representations or warranties regarding the goods or services offered by such a merchant, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or compatibility.
Copyright and other intellectual property infringement
iCOGames may, in appropriate circumstances and in iCOGames's sole discretion, terminate your access to this iCOGames Website if it deems you to be a repeat infringer of intellectual property rights connected to the iCOGames Website. iCOGames may also, in its sole discretion, limit your access to the iCOGames Website and/or terminate your membership if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Please contact our designated agent at privacy@icogames.com if you become aware of any content that may infringe the copyright, other intellectual property right, or privacy rights of a third party or that you believe to be in violation of these Terms of Use.
Choice of law
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the Netherlands, without regard to its conflicts of law principles. If your compliance with or our rights under these Terms of Use is/are in any way affected by consumer protection laws in your country of residence, you should not use our iCOGames Website.
Any dispute arising out of or in connection with these Terms of Use or your use of the iCOGames Website shall be submitted to the competent court of Amsterdam, the Netherlands. If you are a resident in a member state of the European Union, you may bring proceedings in the member state in which you are domiciled.
Other
These Terms of Use, including the iCOGames Website Privacy Policy, the Code of Conduct, and any other terms and conditions incorporated herein by reference, constitute the entire agreement between you and iCOGames and govern your use of the iCOGames Website, superseding any prior agreements between you and iCOGames. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The failure of iCOGames to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Headings used in these Terms of Use are for convenience of reference only and shall not affect the interpretation of these Terms of Use.