Terms of use

These Terms of Use were last updated on July 20th, 2015.

This Website (hereinafter the “Website”) is an initiative of Poki B.V., which has its registered office at Damrak 83A, 1012 LN Amsterdam, the Netherlands (hereinafter “Poki”). The user of the Website and other Poki products and services, declares to have read and to accept the following general terms of use (hereinafter the ”Terms of Use”):

1. Changes to the Terms of Use and Privacy Policy

We may change these Terms of Use and Privacy Policy at any time. You can review the most current version of these terms by clicking on the “Terms of Use” hypertext link located at the bottom of the Website. Coincidentally, you can review the most current version of the Privacy Policy by clicking on the “Privacy Policy” hypertext link located at the bottom of the Website. You are responsible for checking these terms and the policies periodically for changes. If you continue to use the Website and other Poki products and services, after we post changes to these Terms of Use and/or Privacy Policy, you are signifying your acceptance of the new terms.

2. Intellectual and Industrial Property Rights, Right of Privacy, Right of Image and other Rights

a. Content and presentation of the Website

The Website is an original creation of which the content, lay-out and structure are protected by intellectual property rights and/or other rights. The works or games provided by third parties (hereinafter “Third Party Works”) and works which are created by Poki (including but not limited to texts, games, logos, drawings, pictures, images, sounds, audio, video and audiovisual files) (“Poki Works”) are also protected by intellectual property rights and/or other rights. The Poki Works and the Website are hereinafter jointly referred to as the “Works”.

Any use and reproduction for non-private and/or commercial purposes or for purposes for which it was not offered on the Website, any communication to the public, arrangement, adaptation, modification, filming, making images, photographs or drawings of, translation, making available, exploitation, distribution, commercializing, possession or offer for commercial purposes, putting into commerce, selling, dissemination, rental, lending, integration in another Website or medium, reverse-engineering or disassembling of a Work, in whole or in part, in any form, in any way and on any medium, without the Poki’ prior, written and explicit consent, is prohibited.

Unless provided otherwise in the licensing conditions of the Third Party Works, any use and reproduction for non-private and/or commercial purposes or for purposes for which it was not developed or offered on the Website, any communication to the public, arrangement, adaptation, modification, filming, making images, photographs or drawings of, translation, making available, exploitation, distribution, commercializing, possession or offer for commercial purposes, putting into commerce, selling, dissemination, rental, lending, integration in another Website or medium, reverse-engineering or disassembling of a Third Party Work, in whole or in part, in any form, in any way and on any medium, without the owner of the intellectual property rights in the Third Party Works, written and explicit consent, is prohibited.

b. Trademarks and names

Trademarks and names mentioned on the Website, such as names of persons, products, authorities, trade names and corporate names, are legally protected.

3. Ownership

a. Games and Works

All rights, title and interest in and to the Works (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, websites, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Poki game client, and the Poki game clients and server software) are owned by Poki. Poki reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Works.

b. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF POKI.

c. Virtual Items

Poki owns, has licensed, or otherwise has rights to use all of the content that appears in the Works or in Third Party Works. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Works, including without limitation the virtual goods or currency appearing or originating in any Poki game, whether earned in a game or purchased from Poki, or any other attributes associated with an Account or stored on the Works.

d. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Poki game client or Works, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Works, you affirm, represent and warrant that such transmission or submission is (1) accurate and not confidential; (2) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (3) free of viruses, adware, spyware, worms or other malicious code; and (4) you acknowledge and agree that any of your personal information within such content will at all times be processed by Poki in accordance with its Privacy Policy. Poki reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

4. User Content

a. Content Screening

Poki assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Works for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Works is at your own risk. By using the Works, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Works. At our discretion, our representatives or technology may monitor and/or record your interaction with the Works or communications (including without limitation chat text) when you are using the Works.

By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time Poki chooses, in its sole discretion, to monitor the Works, Poki nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

b. Information Use by Other Members of the Works

I. Public Discourse

The Works may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Poki cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Works. Poki shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

II. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Works and that you provide to others. Poki may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Poki violates these Terms of Use.

III. License

You hereby grant to Poki an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Works, including marketing and promotions of the Works. You also hereby grant to Poki the right to authorize others to exercise any of the rights granted to Poki under these Terms of Use. You further hereby grant to Poki the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Poki does not claim any ownership rights in your User Content and nothing in these Terms of Works is intended to restrict any rights that you may have to use and exploit your User Content. Poki has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

IV. User Interactions

You are solely responsible for your interactions with other users of the Works and any other parties with whom you interact through the Works. Poki reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Poki to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Poki access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

4. Fees and Purchase Terms

a. Purchases

In the Works you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency” all for use in Works; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or Works (“Merchandise”). Poki may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Poki shall have no liability to you or any third party in the event that Poki exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Works. Other than as expressly authorized in the Works, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Poki, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in Works is a service provided by Poki that commences immediately upon acceptance by Poki of your purchase.

b. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Poki may revise the pricing for the goods and Works offered through the Works at any time. YOU ACKNOWLEDGE THAT POKI IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

6. Liability

We, our content partners and our suppliers are not liable for any typing or other error, shortcoming or mistake in connection with the content of the Website or any other product that is any any way related to Poki. In no case will Poki be liable for any indirect or consequential damage, any damage to any hardware or devices, any loss of data, profit, turn-over, savings, customers or business opportunities, any damage to image or reputation and any moral damage.

Notwithstanding the foregoing, Poki shall not be held liable for any direct or indirect damages resulting from any Third Party Works.

If a third party requests Poki to provide him certain personal data in Poki’ possession, custody or control in connection with an alleged illegal or otherwise unlawful act by the user and/or Poki or an alleged violation by the user and/or Poki regarding (1) any intellectual property right or any other right related to the Works, (2) Prohibited Use/Content, or (3) a legal or contractual obligation, Poki may provide said personal data to said third party without notice, also if said third party is established outside the European Union.

We make no representation that Content on the Website and in Works is appropriate or available for use in locations outside the Netherlands, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Website from a location outside the Netherlands, you do so on your own initiative and you are responsible for compliance with local laws.

7. Hyperlinks from/to the Works

a. To Websites of third parties

Poki does not control Websites to which hyperlinks are made available on the Website and Poki cannot be held liable for any inappropriate, unlawful or illegal content on those Websites or for any hyperlinks available on those Websites to other Websites. The fact that the Website contains hyperlinks to other Websites does not imply an approval or quality guarantee by Poki.

b. To the Website

It is prohibited to place on a Website, without Poki’s prior, explicit and written consent, (1) any deeplinks or distribute links to compressed content in .zip or a similar format on the Website, and (2) any framed links or inline links to (any part of) the Website. In any case of linking to (any part of) the Website, the webpage containing the hyperlink has to, if one clicks that hyperlink, disappear completely and the full URL of (the part of) the Website has to be clearly visible in the address bar.

8. Other Provisions

The user warrants to be entitled to enter into this agreement. If the user is a minor, then he warrants that his parents or legal guardian has consented to him entering into this agreement.

The concluded agreement will not be archived and will not be accessible.

Poki may transfer this agreement or any of its rights and obligations under this agreement in whole or in part to any third party without the user’s consent.

If any provision of this agreement is or becomes unlawful, illegal, invalid or unenforceable, then that will not affect the lawfulness, legality, validity and enforceability of any other provision of it.

9. Disclaimer of warranties

We provide the Website and Works as is, with all faults and as available. We, our suppliers, partners and affiliates make no express warranties or guarantees about the Website. Poki is not obligated to supply any support whatsoever. To the extent permitted by law, we, our suppliers, partners and affiliates disclaim implied warranties that the Website and all software, content and Works distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the Website will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the Website, including any support Works, will be effective, reliable, accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of Poki shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.

10. Use of software and/or applications

We may make software and/or applications available for you to download or use. Such software and/or applications will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install/use the software and/or applications on any single device. The software and/or applications is protected by copyright and other intellectual property laws and treaties and is owned by us, our suppliers, partners, affiliates and non-related thrid parties. You may not sell or redistribute the software and/or applications. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software and/or applications or otherwise attempt to derive the source code (except where expressly permitted by Dutch law). You may not modify, adapt, or create derivative works from the software and/or applications in any way or remove proprietary notices in the software and/or applications. You agree to abide by all laws and regulations in effect regarding your use of the software and/or applications. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and/or applications and update it to improve its performance and capabilities. If you shut down the software and/or applications during an automatic update or otherwise interfere with the installation of the update, the software and/or applications may be damaged and/or cease to operate.

You agree to fully comply with all import and export laws, regulations, rules and orders of the Netherlands or any other foreign (inter alia the United States) government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper governmental. You bear full responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

11. Claims for infringement of intellectual property rights

If, in your view, any copyright or other intellectual property right (or ‘IP right’) that you may have is being infringed by/on the Websites, please inform us immediately, thereby providing us with:

  1. the electronic or physical signature of the owner of the IP right or the person authorised to act on the owner’s behalf;
  1. a description of the IP right that you claim has been infringed, and a description of the infringing activity;
  1. the identification of the location where the original or authorised copy of the copyrighted work exists (for example, the URL of the Websites where it is posted, or the name of the book in which it has been published, or, in case of a registered brand name, an excerpt of such register evidencing the registry);
  1. a copy of a license in which you are granted the right to use and to protect such IP right (if you are not the owner of the IP right);
  1. the identification of the URL or other specific location on this site where the material that you claim is infringing is located; this information must be specific enough to enable us to locate such material;
  1. your name and full contact details; and
  1. a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.

Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Choice of law and location for resolving disputes

You agree that the laws of the Netherlands govern this contract and any claim or dispute that you may have against us, without regard to Dutch conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Netherlands and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Please note that by agreeing to these terms of use, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in the Netherlands over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in the Netherlands for the purpose of resolving any such disputes or claims.

13. Severability and integration

This contract and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

14. Termination

Your right to use the Works automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Works. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Works, for any reason, with or without notice.

15. Privacy Policy

These Terms of Use have been set up alongside Poki’s Privacy Policy. By agreeing to the Terms of Use, you also agree to the Privacy Policy. You can review the most current version of these policy by clicking on the “Privacy Policy” hypertext link located at the bottom of the Website.