TERMS OF USE


MPORTANT - READ CAREFULLY: This Terms of Use ("Terms") is a legal agreement between you and Panoramik Games ("Panoramik") and governs the use by you of Panoramik's website, services, forums, games and Gamifications (collectively, the "Services"). By using the Services you agree to these Terms. If you do not agree to these Terms, do not use or purchase the Services. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. PLEASE REVIEW PANORAMIK’S PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE



1. LICENSE AND RESTRICTIONS


Subject to these Terms, Panoramik grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Panoramik's express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing "Panoramik," its affiliates, partners or artists without Panoramik's express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, "hacking" the Services, or infringing the intellectual property or other proprietary rights of Panoramik or third-parties. Additionally, where the Services are a downloadable game and/or Application ("Game"), Panoramik grants you a non-exclusive, non-transferable, revocable, limited license to use the Game for your personal, non-commercial use on authorized devices, unless otherwise specified. The Game may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the Game, including, without limitation, free and paid versions. The Game may include measures to control access to the Game (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the Game or other Services shall be considered automatically revoked. Therefore, our Users are not allowed to do the following:accessing or tampering with our computer systems, and/or the service delivery systems of our providers; using non-public areas of our Services; attempting to approach, probe or scan the vulnerabilities in Panoramik network systems; attempting to breach or bypass any security measures (including authentication) implemented by Panoramik Games, their providers or a third party (including other Panoramik Users); attempting to illegally gain access to our Services and/or content; gathering access to another User’s credentials and/or collecting User information by using any automated means.



2. THIRD-PARTY PRODUCT, SERVICES AND LINKS


Panoramik may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider. The Services may include hyperlinks to other websites over which Panoramik has no control. Panoramik is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources. Also for attempting to extract content from our Services in any possible way, other than using the software and/or search agents specifically provided by Panoramik Games or by other trusted web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera); attempting to decipher in any way the software used to provide our Services and/or content.



3. ACCESS TO THE SERVICES

By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent of guardian, certain features and functionality of the Services may be disabled. Information regarding use of your personal information can be found in Panoramik's Privacy Policy or in the privacy policy specific to the Service you are using. You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service . Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Panoramik does not authorize use of automated methods to sign up for an Account, and Panoramik reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.



4.IN-GAME VIRTUAL CURRENCY AND VIRTUAL ITEMS


The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Panoramik's sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services. Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given, except in Panoramik's sole and absolute discretion. Panoramik has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Panoramik has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Panoramik reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items. Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Panoramik may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Panoramik is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Panoramik discontinues availability of the Service; or (d) you disassociate from the Service.



5. ONLINE CONTENT AND CONDUCT


The Services may include opportunities, through your Account or SNS, to chat or participate in blogs, message boards, online forums and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world ("Forum(s)") links, writings, photos, graphics, or other material ("Forum Content"). All Forum Content posted by you to any Forum shall be your sole responsibility. The Forums shall be used only in a noncommercial manner. Panoramik has the right, but not the responsibility, to monitor or remove Forum Content that Panoramik believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. Panoramik in its sole discretion, reserves the right to restrict or disable your use of the Forums. By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to Panoramik a fully paid, royalty-free, nonexclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publicly display and perform, make derivative works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-parties in the Forums, are those of the respective authors and not of Panoramik or its affiliates, and Panoramik is not responsible for the accuracy or reliability of same. Panoramik makes no representations or warranties regarding the Forums. When using the Services or the Forums, you may not: a) Use the Services of Forums in any manner which violates applicable laws or regulations; b) Post or transmit any Forum Content that: (i) violates a third party's rights or dignity, including any contract, privacy, publicity or intellectual property rights; (ii) is deceptive, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, harmful, obscene, indecent, hateful, bigoted, racist or pornographic; (iii) would constitute or encourage a criminal offense; (iv) contains any viruses, worms or similar software; or (v) includes personal information about another person without that person's consent; c) Impersonate or falsely state or represent your identity; d) Engage in or facilitate the transmission of unsolicited mass mailings, or "spamming"; e) Distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services; f) Collect personal data about others for unlawful, commercial, or any other unauthorized purposes; g) Access, or attempt to gain access to, another user's account without authorization; h) Promote, encourage, or take part in any activity involving hacking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit virtual currency/items; i) Use any game hacking/altering/cheating software or tools; j) Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, or otherwise interfere with the Services; or k) Reverse engineer, decompile, or modify, or attempt to modify, any part of the Service. You understand that you may be exposed to Forum Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms ("Inappropriate Activity"). You can report actual or suspected Inappropriate Activity to dpo@panoramikgames.com. Panoramik reserves the right, in its sole discretion, to take any action against Inappropriate Activity that Panoramik believes to be harmful, offensive, or otherwise violates these Terms. You agree that Panoramik will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom.



6. TITLE


Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the "Panoramik Content") shall remain in Panoramik and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Panoramik Content are trademarks, registered trademarks or trade dress of Panoramik or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Panoramik Content without prior written consent from Panoramik. The Services may allow you to create content ("Your Content") that incorporates the Panoramik Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Panoramik retains all rights, title and interest in and to the Panoramik Content. You retain all rights to Your Content; provided, however, that Panoramik shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Panoramik's use of Your Content.



7. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY


Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the "Panoramik Content") shall remain in Panoramik and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Panoramik Content are trademarks, registered trademarks or trade dress of Panoramik or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Panoramik Content without prior written consent from Panoramik. The Services may allow you to create content ("Your Content") that incorporates the Panoramik Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Panoramik retains all rights, title and interest in and to the Panoramik Content. You retain all rights to Your Content; provided, however, that Panoramik shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Panoramik's use of Your Content.