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