Published: April 1st, 2020.
EULA Issued by: Miloš Đekić ("we" or "us").
This end user licence agreement (“EULA”) applies to and governs all use of the Vangla online game (the "Game"), hosted at https://play.vangla.xyz and of this website: https://vangla.xyz (the "Website").
Please read the following carefully before using the Gamea or using the Website. By doing any of the foregoing, you are agreeing to be bound by and become a party to this EULA which can be found on our Website. If you do not agree with the terms of this EULA, you may not use the Game or use the Website.
Miloš Đekić is an individual residing in Belgrade, Serbia. If you have any queries concerning this EULA you may contact us at email@example.com.
Vangla is a game owned by Miloš Đekić. The Game includes the software and materials that are made available by Miloš Đekić in order for you to use the Game.
1.1 Miloš Đekić hereby grants a limited, non-exclusive right and license to you for you to use the Game for your personal, non-commercial use only on devices that are owned by you, subject to the terms of this EULA. Further, Miloš Đekić grants you a limited, non-exclusive right and license to use the Website for your personal, non-commercial use. This EULA and your use of the Game or Website do not give you any rights of ownership in any property whether tangible or intangible Where the Game allow you to do so, this licence includes the right to use the Game to communicate with other users of that Game.
1.2 The Game comprises of copyright works of Miloš Đekić. The Game is licensed, not sold. The licence granted to you by Clause 1.1 confers no title or ownership in the Game or Website. The Game and Website are solely for personal, non-commercial use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game or Website not in accordance with the terms of this EULA is expressly prohibited.
2.1 You may use the Game for your own personal, non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way except where the Game expressly permits you to do so through sharing content in the Game on social media;
2.1.2 engage in any act Miloš Đekić deems to be in conflict with the spirit or intent of the Game or Website including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game.
2.1.3 attempt to gain unauthorised access to the Website or to the computers, devices, servers, or networks connected to the Game by any means other than the user interface provided by Miloš Đekić; or
2.1.4 use the Website or Game for any illegal or immoral purposes.
3.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Game or Website and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Website or Game are owned by, belong to and vest in Miloš Đekić.
3.2 The Game and/or the Website may contain certain licensed materials licensed by third parties to Miloš Đekić. All trade marks and other rights are the property of their respective owners.
3.3 The Game and/or Website may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, teams, clubs, places, stadia, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and/or as permitted by applicable law.
4.1 This EULA and the licences granted by it are effective until terminated.
4.2 We may temporarily discontinue the Website or the Game at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
4.3 You may terminate this EULA at any time and for any reason by not using the Game from your device(s).
4.4 Miloš Đekić may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. Miloš Đekić may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from any of the Game. Miloš Đekić reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULA and/or Website and/or the Game. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
4.5 Without prejudice to the other provisions in this EULA, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
4.5.1 if your use of the Game was provided to you free of charge, you will not be entitled to any compensation or any refund; and
4.5.2 if you paid for a Game you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (by way of example only, where you have had access to enjoy the paid benefits for over six (6) months). Where you have not had a reasonable period of opportunity to enjoy the paid-for Game, we may offer you a partial or full refund.
4.6 Following termination of this EULA in the case of a Game for any cause, you will no longer be permitted to use the Game and you will be required to refrain to access the Game from your device(s). Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Game user account (where applicable) may thereafter be deleted and/or become inaccessible.
5.1MILOŠ ĐEKIĆ WARRANTS THAT HE HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
5.1.1 HE IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE GAME WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 THE GAME AND WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
5.2.2 MILOŠ ĐEKIĆ DOES NOT ACCEPT LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
5.2.3MILOŠ ĐEKIĆ’S MAXIMUM LIABILITY WILL BE LIMITED TO 1 United States Dollar;
5.2.4 MILOŠ ĐEKIĆ WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE.
5.2.5 MILOŠ ĐEKIĆ DOES NOT GUARANTEE THAT THE OPERATION OF THE WEBSITE OR GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE WEBSITE OR GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
5.2.6 YOUR USE OF THE GAME AND WEBSITE IS AT YOUR OWN RISK.
5.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRUADULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY MILOŠ ĐEKIĆ’S NEGLIGENCE.
6.1This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
6.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute Resolution service.
7.1 We are responsible for the placing of advertisements in our Game and Weebsite, but we do not control or review the specific content of those advertisements. We do, however, have control over the general types of advertisements that are placed in the Game at a high-level to take all reasonable efforts so that the Game does not contain any inappropriate advertisements.
7.2 Please report any advert that you find offensive or inappropriate to firstname.lastname@example.org.
7.3 If you click on any advertisement please be aware that you will be dealing with external companies responsible for that advert and you may be redirected to their services or website. Miloš Đekić does not control the actions of these companies or the content of their websites or services.
8.1 You hereby indemnify (agree to compensate), defend and hold harmless Miloš Đekić and Miloš Đekić’s affiliates, service providers, partners, contractors, agents and licensees (collectively, the "Indemnified Parties") harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Website or the Game, and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with Miloš Đekić in the defence of any such claim and Miloš Đekić reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
8.2 You further agree that the subject matter of this EULA is of a unique character with special value and that Miloš Đekić would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Miloš Đekić shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as Miloš Đekić may otherwise have available to it under applicable laws.
8.3 Miloš Đekić's licensors shall be third-party beneficiary under this EULA and shall have the express right to enforce his provisions and to enjoy the benefits of its protections.
Please note that the Game relies on internet connectivity (as explained further below) for much of its functionality. You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to play and store the Game.
We may update the terms of this EULA from time to time for any reason by posting the updated version to https://vangla.xyz/en/terms-of-use, but changes to the EULA take effect only where they are permitted by law. Every time you use the Game on your device or browse the Website you are deemed to have accepted the latest version of this EULA in place at that time. Please check https://vangla.xyz/en/terms-of-use for any updates to the EULA each time you play the Game on your device.
12.1 This EULA constitutes the entire agreement between Miloš Đekić and you in respect of the Game and the Website.
12.2 Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking of any term of this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.3 We may transfer our rights and obligations under this EULA to another individual or organisation. We will ensure that your rights under this EULA are unaffected. You may not transfer your rights or obligations under this EULA unless we expressly agree to the transfer in writing.
12.4 Except where expressly stated to the contrary in this EULA, this EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.
12.5 In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
12.6 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Republic of Serbia and the courts of Serbia shall have exclusive jurisdiction to settle any dispute or claim.
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