TERMS AND CONDITIONS

I. GENERAL PROVISIONS

The Website aims to promote and advertise BRICKWORKS GAMES LTD (the “Service Provider”), its games (including Sublustrum) and, where applicable, other entities within the BRICKWORKS group and selected third parties, by publishing commercial information and promotional materials supporting the sale and visibility of products and services. Depending on the current functionalities of the Website, services provided by third parties may also be promoted.

The Website aims to promote and advertise BRICKWORKS GAMES LTD (the “Service Provider”), its games (including Sublustrum) and, where applicable, other entities within the BRICKWORKS group and selected third parties, by publishing commercial information and promotional materials supporting the sale and visibility of products and services. Depending on the current functionalities of the Website, services provided by third parties may also be promoted.

Using the Website requires that the end device and the ICT (information and communication technology) system used by the User meet the Technical Requirements.

No information on the Website constitutes an offer within the meaning of applicable civil law. The information presented on the Website may only constitute an invitation to conclude an agreement.

Whenever the following capitalized terms are used in these Terms and Conditions, they will have the meaning defined below, unless the context clearly indicates otherwise:

a. Electronic Service – a service provided electronically by the Service Provider to the User in accordance with the Service Agreement. The rules for the provision of individual Electronic Services by the Service Provider may result from separate terms and conditions. To the extent that services are provided by entities cooperating with the Service Provider, the relevant provisions regarding the use of those services are included in the separate terms and conditions adopted by such entities;

b. Service Agreement – an agreement concluded between the Service Provider and the User, the subject of which is the provision of Electronic Services made available via the Website, under the conditions set out in these Terms and Conditions;

c. Service Provider – BRICKWORKS GAMES LTD, a company incorporated under the laws of Cyprus, with its registered address at 28 Oktovriou, 367, Mediterranean Court, 1st floor, Flat/Office A5, 3107, Limassol, Cyprus, e-mail address:supportteam@brickworksgames.com;

d. Technical Requirements – the minimum technical requirements that must be met in order to use the Website and conclude contracts through it, as follows: (1) a computer, laptop, smartphone or other multimedia device with Internet access; (2) access to electronic mail; (3) an up-to-date web browser enabling the display of HTML documents, supporting JavaScript and cookies; (4) recommended minimum screen resolution: 1024x768. Depending on the current functionalities of the Website, the User may also be required to have a valid/active e-mail address, as well as a keyboard, touchscreen, or other pointing device enabling the correct completion of electronic forms;

e. Terms and Conditions – this document setting out the rights and obligations of the User and the Service Provider, as well as the terms and conditions of providing Electronic Services;

f. User – any entity (e.g., natural person, legal person, organisational unit without legal personality) having legal capacity under applicable law. If the User is a natural person with limited legal capacity, he/she is obliged to obtain a legally effective consent of his/her legal representative to conclude the Service Agreement and to present such consent upon any request of the Service Provider. The Service Provider may introduce age restrictions due to the published content (for example, content suitable only for adults or older teenagers);

g. Website – the online platform enabling the provision of Electronic Services, consisting of a network of interconnected webpages, available at the electronic address indicated by the Service Provider (including any official website dedicated to the game Sublustrum);

h. Works – text, graphic, audio, or multimedia elements (such as photographs, graphics, videos, trailers, descriptions, comments, product information, logos) and images of natural persons, disseminated through the Website.

II. ELECTRONIC SERVICES

Depending on the current features and functionalities of the Website, the Service Provider may provide the User, free of charge, with the following Electronic Services (use of some services may require additional User consent):

a. enabling the viewing of content on the Website (Works), in particular commercial information and promotional materials regarding products and services offered by the Service Provider, other entities within the BRICKWORKS group (if any), as well as third parties;

b. enabling the use of communication services with the Service Provider (e.g. contact forms, feedback forms or similar tools);

c. presenting advertising content;

d. presenting notifications directly from the web browser or device (so-called “push” notifications), where supported and enabled by the User;

e. providing information – in particular about the Website or products of the Service Provider, entities within the BRICKWORKS group or third parties, including news and promotions – to the e-mail address or telephone number provided by the User (newsletter or similar subscription).

Depending on the User’s actions taken within the Website, the Service Agreement shall generally be concluded at the moment of entering in the browser the electronic address of the Website (or any interconnected webpage) or starting to use a specific Electronic Service. In this respect, the Service Agreement shall be terminated at the moment of leaving the Website or ceasing to use the specific Electronic Service, unless stated otherwise.

Conclusion and termination of agreements for the provision of certain services, in particular newsletters or account-based services (if introduced), may be subject to provisions of separate terms and conditions applicable to those services.

III. CONTENT ON THE WEBSITE

The Service Provider provides Works on the Website concerning, in particular, the current offer, products and services of the Service Provider (including the game Sublustrum) and, where applicable, products and services of other entities within the BRICKWORKS group or third parties, encouraging Users to become acquainted with and potentially purchase those products and services.

By clicking on links available on the Website, the User may be redirected from the Website directly to online stores, platform pages (such as digital distribution platforms), or third-party websites. Concluding any sales or license agreements takes place entirely on the terms described in separate terms and conditions available on the respective external website or platform.

The Service Provider exercises due care to ensure that the Works published on the Website regarding the products of the Service Provider or other entities are reliable and verifiable on the basis of objective criteria. However, the purpose of the Website is only to provide general information and to encourage the User to become familiar with products. To the fullest extent permitted by law, no Works on the Website should be interpreted by the User as an assurance or guarantee regarding the quantity, quality, performance, compatibility, fitness for a particular purpose, repair, shipping costs, or product prices. All relevant conditions, including the main features of the product, are specified in the sales or license agreement concluded by the User directly on the relevant platform or in the relevant store (online or offline).

As part of the functionalities of the Website, the User may use services provided by third parties (e.g. streaming services, social networking services, or external platforms). The use of these services takes place entirely on the terms and conditions set out by the providers of those services. The User is obliged to read and accept the terms and conditions of the provider of a given service before using it via or in connection with the Website.

The Service Provider does not guarantee that the Website will operate without interruptions or errors, nor that it will be free of defects. The Service Provider does not guarantee the correctness, completeness or usefulness of the Website for any particular purpose, to the maximum extent permitted by mandatory law.

IV. USER OBLIGATIONS

When using the Website, the User is obliged, in particular:

a. to provide only accurate, truthful, and up-to-date information about the User, where such information is requested on the Website;

b. to update the User’s information immediately after any changes in this regard, where such information is relevant for the use of the Website or Electronic Services;

c. to use the Website in a manner that does not interfere with the use of the Website by other Users or the Service Provider;

d. to comply with the provisions of these Terms and Conditions, relevant provisions of law (including consumer protection and intellectual property laws), as well as customs and social rules accepted in the given area;

e. to use Electronic Services and functionalities provided by the Service Provider in a manner that is non-disruptive for other Users and the Service Provider;

f. not to provide or transmit on the Website any content prohibited by applicable law, in particular content that violates the rights (including personal rights, privacy or intellectual property rights) of third parties or the Service Provider. It is prohibited for the User to post marketing content or links to third-party websites on the Website, unless expressly allowed by the Service Provider;

g. to refrain from taking actions such as:

sending unsolicited commercial information (spam), supplying content of an unlawful nature, or placing viruses, malicious software, or other harmful code;
promoting illegal content, including content that promotes fascism, totalitarian regimes, or hatred in particular on grounds of nationality, ethnicity, race, religion, gender, sexual orientation, or other protected characteristics;
impersonating any other person, creating a false identity, or otherwise misleading as to the identity of the User;
unauthorized modification, copying, publishing elsewhere, or other use of Works belonging to the Service Provider or third parties, except as expressly permitted by these Terms and Conditions or applicable law.

In particular, in the situations specified above, the Service Provider has the right to temporarily cease or limit the provision of services, or terminate the Service Agreement or any license agreement (if applicable) with immediate effect, without notice, to the extent permitted by law.

The Service Provider may also temporarily cease or limit the provision of services, or terminate the Service Agreement or any license agreement (without notice), due to technical, maintenance, security, or other activities related to the modification or improvement of the Website.

The Service Provider shall inform Users, where reasonably possible, about the limitation of the provision of services, in particular by posting appropriate information on the Website.

Any limitation of the provision of services does not affect the Users’ mandatory rights under applicable law.

V. COMPLAINTS

Complaints related to the functioning of the Website or the provision of Electronic Services should be sent to the postal or e-mail address of the Service Provider indicated in the definition of the Service Provider in Section I.

In order to facilitate and expedite complaint handling, it is recommended (but not mandatory) that the following be included in the description of the complaint:

a. information and circumstances relating to the subject of the complaint, including the type and date of any irregularities that have occurred;

b. the User’s specific demands (for example, technical support, correction of information, clarification);

c. contact details of the person submitting the complaint (e.g. e-mail address).

Failure to comply with the above recommendations will not affect the validity of the complaint and shall not limit the User’s rights.

In the case of complaints relating to Electronic Services, the Service Provider will respond to the complaint without undue delay, no later than 30 days from the date of receipt, unless a different time limit is applicable under mandatory provisions of law or specific regulations (for example, in some consumer situations).

VI. OUT-OF-COURT PROCEDURE

The use of any out-of-court complaint and redress procedures is voluntary and may depend on the regulations applicable in the User’s country of residence.

Nothing in these Terms and Conditions excludes the User’s right to seek redress through appropriate consumer protection bodies, online dispute resolution platforms (where applicable), or competent courts.

VII. LICENSE AND COPYRIGHT

Exclusive rights to the Works on the Website, specifically including copyrights, rights to trademarks, logos, trade dress, or software used on or in connection with the Website, are vested in the Service Provider or entities with whom the Service Provider has concluded appropriate agreements (for example, licensors, partners).

The User is granted a limited, non-exclusive, non-transferable and revocable license to use the Works free of charge, but only for personal use and solely for the purpose of proper use of the Website, worldwide, for the duration of using the Website. Use of the Works in any other way is only permitted with the prior, express, written consent of the authorised party, otherwise being null and void.

In particular, the User is not entitled to:

a. resell the Works or use the Works for commercial purposes (including in other products or services), except as permitted by mandatory law;

b. translate, adapt, rearrange the graphic layout or make any other modifications to the Works, except as permitted by mandatory law;

c. download or copy the Works in any form for the benefit of another party, except as expressly permitted by the Service Provider or by mandatory law (e.g. certain private-copy exceptions);

d. use any data mining tools, robots, scraping, or similar data-gathering and extraction tools to extract data regarding the Website, the Service Provider, or other Users, except as expressly permitted in writing by the Service Provider.

To the extent that services available via the Website are provided by third parties cooperating with the Service Provider, the relevant provisions regarding the intellectual property rights of these entities, including any licenses granted to the User, can be found in the terms and conditions regarding the provision of services by those entities. The Service Provider is not a party to such agreements concluded between the User and a third party and is not responsible for the performance of such agreements by their parties.

Nothing in these Terms and Conditions shall be construed as transferring any intellectual property rights to the User beyond the limited license described above.

VIII. PERSONAL DATA

The User’s personal data will be processed by the Service Provider as a data controller in accordance with applicable data protection laws, including, where applicable, the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

Providing personal data by the User is voluntary but may be necessary in order to use certain Electronic Services (for example, to receive a newsletter or respond to a contact request). If you do not provide data required to use a specific Electronic Service, this may make it impossible to provide that service.

The use of third-party services in connection with the Website (e.g. streaming services, social networking services, analytics provider services, or advertising networks) may sometimes involve the processing of the User’s personal data by the providers of these services or the storage of cookies or similar technologies on the User’s device. In such cases, information on these entities and on where to find their privacy and cookie policies is provided in the Service Provider’s Privacy Policy and/or Cookie Policy.

Detailed information on the protection of the User’s personal data, including Users’ rights, legal bases of processing, categories of recipients and data retention periods, is available in the Privacy Policy and, where applicable, Cookie Policy published on the Website.

IX. AMENDMENT OF THESE TERMS AND CONDITIONS

The Service Provider may amend these Terms and Conditions, in particular for one or more of the following reasons:

changes in applicable law or regulatory guidance;
introduction of new functionalities or changes to the Website or Electronic Services;
organizational or technical changes on the part of the Service Provider;
changes in the Service Provider’s data (e.g. company name, contact details).

The Service Provider will provide the consolidated text of the amended Terms and Conditions on the Website, in the “Terms and Conditions” section. Where required by applicable law, the Service Provider may additionally inform Users of material changes by displaying a notice on the Website, through a pop-up window, or by other appropriate means.

No amendment to these Terms and Conditions will affect any Electronic Services which were already fully provided to the User before the amendment.

The Service Agreement for the use of the Website is typically concluded for the duration of using the Website and its specific functionalities and is terminated upon leaving the Website or ceasing to use the relevant functionality. The User may resign from using the Website at any time, including by closing the browser window or application. The Service Provider does not, by default, conclude continuous agreements with Users solely by virtue of their browsing the Website.

On the basis of the amended Terms and Conditions, a new Service Agreement is concluded each time the User starts to use the Website or a particular Electronic Service after the new version becomes effective.

The version of the Terms and Conditions constituting the basis for concluding the Service Agreement at the time of using the Website and a specific functionality is each time available in the “Terms and Conditions” section on the Website.

X. NON-CONSUMER USERS

This Section of these Terms and Conditions, and the provisions contained herein, apply only to Users who are not considered consumers under applicable law (for example, business entities using the Website in connection with their trade, business or profession), except where local law extends consumer-like protections to certain small businesses.

To the maximum extent permitted by applicable law:

The Service Provider will not be liable to non-consumer Users for any indirect, consequential, incidental, or punitive damages, or for loss of profit, loss of revenue, loss of data, or business interruption, arising out of or in connection with the use or inability to use the Website or Electronic Services, regardless of the legal basis (contract, tort, or otherwise), unless the damage was caused by the Service Provider intentionally or through fraud.
Nothing in these Terms and Conditions shall exclude or limit liability of the Service Provider for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

All disputes between the Service Provider and non-consumer Users will be submitted to the courts having jurisdiction over the Service Provider’s registered office, unless mandatory jurisdictional rules provide otherwise.

If it is provided for by the relevant national regulations, this Section X does not apply to natural persons concluding a contract directly related to their business activity, when, according to the contract, such activity is not of a professional nature for those persons, in particular in light of the subject of their business activity.

XI. FINAL PROVISIONS

The use of the Website involves risks typically associated with the transmission of data via the Internet, such as dissemination, loss, interception, or unauthorised access to data. The Service Provider recommends that Users appropriately secure their devices and connections (for example, using updated antivirus software, operating systems, and strong passwords).

The current version of these Terms and Conditions is always available on the Website, and may be made available for download in a durable format (e.g. PDF) in the “Terms and Conditions” section.

Use of the Website may result in Internet connection costs (data transmission charges), according to the tariff of the Internet service provider or mobile operator used by the User. The User bears such costs.

In matters not covered by these Terms and Conditions, the relevant provisions of the laws of Cyprus will apply, subject to mandatory consumer protection provisions of the law of the country of the User’s habitual residence, where applicable.

The choice of Cyprus law in connection with these Terms and Conditions does not deprive the User of the protection guaranteed to the User by laws which cannot be excluded by agreement, including consumer protection laws of the User’s country of habitual residence, where applicable.

The Service Provider respects consumer rights. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers that cannot be excluded or limited under applicable law. Any doubts should be interpreted in favor of the consumer. In the event of any unintentional non-compliance of these Terms and Conditions with mandatory laws, those laws shall prevail, and the Service Provider shall apply them.