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GAMEE SOCIAL MEDIA

Gamee Business Terms and Conditions

Effective on July 1st, 2015

The Business Terms and Conditions and a Client specific Project description constitute the Services Agreement between Hungrymobile and Client. The Business Terms and Conditions are subject to change

  1. Ownership of Hungrymobile Property
    1. To the extent that Hungrymobile uses or develops any of its property (whether tangible or intangible) in connection with the Contract, such property, including the Games, shall remain the property of Hungrymobile. Client shall obtain a non exclusive, non transferable, fully paid license to use the Games in a manner and for the purpose set out in the Contract and in compliance with the other provisions of the Contract.
    2. To the extent that Hungrymobile uses or develops any of its property (whether tangible or intangible) in connection with the Contract, such property, including the Games, shall remain the property of Hungrymobile. Client shall obtain a non exclusive, non transferable, fully paid license to use the Games in a manner and for the purpose set out in the Contract and in compliance with the other provisions of the Contract.
    3. The Client shall also be entitled to have access to and use of those Hungrymobile Technologies (in particular Gamee) supplied solely for the purposes of receiving the Services and for no other purposes in accordance with and subject to agreement by the Client with the provisions of the licenses applicable to such Hungrymobile Technologies as notified by Hungrymobile. As between the Client and Hungrymobile, Hungrymobile will own and retain ownership of all intellectual property rights and other proprietary rights of any kind in the Hungrymobile Technologies that are used or developed in connection with the Contract.
    4. “Hungrymobile Technologies” means all know­how and software, system interfaces, applications and platforms, in particular the Gamee and the Applications, templates, methodologies, ideas, concepts, techniques, tools, processes, and technologies, including web based technologies and algorithms owned by, licensed to or developed by Hungrymobile and used by Hungrymobile in performing the Services or other obligations. s
    5. Hungrymobile, in performing the Services, may (a) transmit or distribute the Games over various public networks and in various media; and (b) make such changes to the Games as are necessary to conform and adapt the Games to the technical requirements of connecting networks, devices, services or media. The Client agrees that Hungrymobile can take these actions.
  2. Terms and Conditions applicable to the Personnel of Hungrymobile
    1. Neither any individual director nor any employee of Hungrymobile shall assume any responsibility (including responsibility in any personal capacity) for the Services provided under the Contract. The Client agrees that it will not bring any claim against any of the Hungrymobile individual directors and employees, as Hungrymobile remains responsible and liable to the Client for the acts or omissions in relation to the Services provided under the terms of the Contract.
  3. The Services provided are not binding on any governmental or regulatory authorities or the courts and do not constitute a representation, warranty, or guarantee that any governmental or regulatory authorities or the courts will not have any objections against the Games, the Services or activities pursuant hereto.
  4. Damage Liability
    1. Hungrymobile shall not be liable to the Client for any claims, liabilities, losses, damages, costs or expenses arising under or in connection with the Contract regardless of the legal basis (“Claims”) for an aggregate amount in excess of the Hungrymobile Fees paid under the Contract by the Client to Hungrymobile for that part of the Services giving rise to the Claim for a 3 month period preceding the damage occurred, except to the extent it is finally judicially determined to have resulted primarily from the intentional misconduct or gross negligence of Hungrymobile.
    2. To the extend allowed by law, Hungrymobile shall not be liable for any loss of use, contracts, data, goodwill, revenues or profits (whether or not deemed to constitute direct Claims) or any consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense arising under or in connection with the Contract.
  5. Warranties
    1. The Services are provided "as is" and Hungrymobile gives the Client no warranty with respect to them. In particular, Hungrymobile does not represent or warrant that: The Client’s use of the Services will meet his/her requirements; The Client’s use of the Services will be uninterrupted, timely, secure or free from error, any information obtained by the Client as a result of the Client’s use of the Services will be accurate or reliable, and that defects in the operation or functionality of the Games, the Gamee or any other related or used platform, application, content or system provided as part of the Services will be corrected.

      No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Contract.
  6. Contract Duration
    1. The Contract is made for a definite period of time until all duties arising here from are duly fulfilled by both Parties, i.e. until completion of the Services in accordance with the time schedule agreed herein and until the payment of all Fees defined herein.
    2. Upon termination of the Contract for any reason, the Client will compensate Hungrymobile in accordance with the terms of the Contract for the Services performed and expenses or costs (including any specific costs, such as start up costs) incurred through the effective date of termination. The amount of the Hungrymobile Fees being due upon the termination shall correspond to the time spent by Hungrymobile’s personnel on the provision of the Services under the Contract.
  7. Indemnification
    1. The Client shall indemnify and hold harmless Hungrymobile from all third party Claims, except to the extent finally judicially determined to have resulted primarily from the intentional misconduct of Hungrymobile
  8. Governing Law and Submission to Jurisdiction
    1. The Contract, and all matters relating to it (including non­contractual obligations) shall be governed by, and construed in accordance with the laws of the Czech Republic. Any action or proceeding arising out of or relating to the Contract or the Services shall be brought and maintained exclusively by the Czech courts.
  9. Confidentiality
    1. To the extent that, in connection with the Contract, either Hungrymobile or the Client (the “receiving party”), comes into possession of any information related to the Services, trade secrets or other proprietary information, which is either designated by the disclosing party as confidential or is by its nature clearly confidential (“Confidential Information”), the receiving party shall not disclose such Confidential Information to any third party without the disclosing party’s consent.
  10. Data Protection
    1. Hungrymobile may collect, use, transfer, store or otherwise process (collectively, “Process”) information provided by the Client that can be linked to specific individuals (“Personal Data”) as defined under the applicable law. Hungrymobile will Process the Personal Data in accordance with applicable laws. Hungrymobile shall Process Personal Data in various jurisdictions in which Hungrymobile operates and thus Hungrymobile is entitled to transfer Personal Data and other confidential information provided by the Client, including transfers to its subcontractors, across country border (outside the territory of the European Union).
    2. The Clientwarrants that the Client has the authority to provide the Personal Data to Hungrymobile in connection with the performance of the Services (as defined in the Contract). The Client is obliged to provide Hungrymobile with all the necessary instructions for Processing and with accurate and up to date Personal Data and Hungrymobile shall take the technical, organizational and personal measures to protect the Personal Data as instructed.