Last Updated: September 05, 2024
PLEASE READ THESE TERMS CAREFULLY ALONG WITH OUR PRIVACY POLICY, WHICH ARE REFERENCED HEREIN. BY USING THE SERVICES LISTED BELOW, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
These Terms of Service (referred to as “Terms”) constitute a legal agreement between you and Pochemu LTD (referred to as “Us,” “We,” or “Pochemu”) and govern your access to and use of the Pochemu website, games, software, and applications (collectively referred to as “Services”). By using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.
1. LICENSE TERMS
Subject to these Terms, Pochemu grants you a non-exclusive, limited, revocable, non-transferable license to access and use the Services for personal, non-commercial purposes. You are not permitted to:
2. THIRD-PARTY SERVICES
Pochemu may provide access to third-party products and services through the Services. You assume all risks and liabilities associated with such third-party products. Your rights and responsibilities regarding these products will be governed by the terms and privacy policies of the applicable third-party providers.
The Services may also include links to external websites over which we have no control. We are not responsible for the availability of such external sites and do not endorse or assume any responsibility for the content, advertising, products, or other materials available from these third-party sites.
3. ACCESS AND AGE RESTRICTIONS
The Services and certain related content may include material rated as suitable only for older audiences (such as PEGI 16, ESRB Mature 17+, or equivalent classifications). By accessing or using the Services, you affirm that you are at least sixteen (16) years old, or have reached the minimum age required by the laws of your jurisdiction to access such content, whichever is higher.
If you are under sixteen (16) years old, you are not permitted to use or access the Services under any circumstances.
Pochemu LTD reserves the right, at its sole discretion, to request reliable proof of age (including but not limited to government-issued identification or verification through third-party providers) in order to confirm compliance with these Terms. If such verification is not provided upon request, or if it is determined that the information supplied was false or misleading, Pochemu LTD may restrict, suspend, or permanently terminate access to the Services without notice.
Parents and legal guardians are solely responsible for supervising minors who access the Services in compliance with the applicable age requirements. By permitting a minor to use the Services, they agree to fully indemnify and hold harmless Pochemu LTD, its affiliates, officers, employees, and partners from any claims, damages, or liabilities resulting from such use.
4. IN-APP CURRENCY AND ITEMS
The Services may include the option to buy or obtain in-game virtual currency (“Virtual Currency”) used to access virtual items (“Virtual Items”). Virtual Currency and Items have no real-world value and cannot be redeemed outside the Services. All sales of Virtual Currency and Virtual Items are final, with no refunds unless Pochemu, at its discretion, decides otherwise.
Virtual Currency may expire, and Pochemu has no obligation to reimburse you for any Virtual Items lost due to account termination, breach of Terms, service discontinuation, or dissociation from the Services.
5. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all rights, titles, and interests in the Services and all content provided (“Pochemu Content”) remain with Pochemu and/or its suppliers and are protected by copyright laws. You may not use, copy, transmit, modify, or create derivative works without express permission.
The Services may allow you to create content that incorporates Pochemu Content. Pochemu retains all rights to the Pochemu Content, while you retain rights to your created content. However, by creating content using Pochemu Content, you grant Pochemu an irrevocable, fully transferable, and sublicensable worldwide license to use your content for any purpose.
In addition, all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics provided through the Services, as well as any trademarks, service marks, and logos contained therein (the “Marks”), are proprietary to Pochemu or its licensors and are protected by applicable copyright, trademark, and unfair competition laws of the Republic of Cyprus, foreign jurisdictions, and international conventions.
Except as expressly permitted in these Terms, no part of the Services, the Pochemu Content, or the Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without Pochemu’s prior written consent.
Provided that you are eligible to use the Services, Pochemu grants you a limited license to access and use the Services and to download or print a copy of any portion of the Pochemu Content to which you have lawfully gained access, solely for your personal, non-commercial use. Pochemu reserves all rights not expressly granted to you in and to the Services, the Pochemu Content, and the Marks.
6. DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS
Pochemu provides the Services "as is" without warranties of any kind, whether express, implied, or statutory. We do not guarantee that the Services will be error-free, secure, or uninterrupted.
Pochemu will not be liable for any damages of any kind arising from your use of the services, including, without limitation, direct, indirect, incidental, punitive and consequential damages. Certain regional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
You further acknowledge that Pochemu is not liable, and you agree not to hold Pochemu liable, for the conduct of third-parties, including other users of the services and other third-party sites, and that the risk of using or accessing the services, and of injury from the foregoing, rests entirely with you.
7. TERMINATION
These Terms remain in full force and effect for as long as you use the Services.
Termination does not relieve you of any obligations incurred prior to termination. These Terms will automatically terminate if you violate any provision herein or any provision of any applicable law. In addition, Pochemu reserves the right, at its sole discretion and without liability to you, to restrict, suspend, or terminate your access to all or part of the Services at any time, with or without notice, if it has reason to believe that you have violated these Terms, engaged in fraudulent or unlawful activity, or if continued access may cause harm to Pochemu, other users, or third parties.
You may cease using the Services at any time. Upon any termination, whether initiated by you or Pochemu, you must immediately refrain from all use of the Services, and all rights granted to you under these Terms shall cease.
Termination does not relieve you of any obligations or liabilities incurred prior to termination. Your obligations under Section 4 (In-App Currency and Items), Section 5 (Intellectual Property Rights), Section 6 (Disclaimer of Warranties and Liability Limitations), Section 7 (Term and Termination), Section 8 (Limitation of Liability), 9 (Indemnification), and Section 10 (General Provisions), shall survive termination of these Terms.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Pochemu, its affiliates, officers, employees, partners, licensors, and suppliers shall not be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages, including without limitation loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Services, even if Pochemu has been advised of the possibility of such damages.
In no event shall Pochemu’s total liability to you for all claims arising out of or relating to these Terms or your use of the Services exceed the greater of one hundred Euros (€100).
Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities; in such jurisdictions, the liability of Pochemu shall be limited to the fullest extent permitted by law.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Pochemu, its affiliates, officers, employees, partners, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your use of the Services;
(b) your violation of these Terms;
(c) your violation of any third-party right, including without limitation any intellectual property, proprietary, or privacy right; or
(d) any claim that your use of the Services caused damage to a third party.
Pochemu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pochemu, and you agree to cooperate with such defense. You agree not to settle any such matter without the prior written consent of Pochemu.
10. GENERAL PROVISIONS
These Terms, along with the Privacy Policy and any specific terms for particular Services, constitute the entire agreement between you and Pochemu. Pochemu may update these Terms and the Services, and such changes will take effect upon notice or posting. If any part of these Terms is found invalid, the remaining sections will continue in effect.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Pochemu’s express written consent.
These Terms are governed by and construed in accordance with the laws of the Republic of Cyprus.
CONTACT US
Please address your claims and or questions related to the Terms and Services through “contact us” on our main website or via the support methods available in our Services.
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