Terms of Use

TERMS OF USE

for AWKY.COM

Effective Date: October 22, 2014

Last Modified: March 5, 2015

1. General

 1.1. The website awky.com and all its webpages, content and services (‘Site’) are brought to you by Flora ICT B.V. (‘We’, ‘Us’, ‘Our’). These Terms of Use (“Terms”) are intended to determine the use of Our Site by Our visitors (‘You’, Your’). Please read these Terms carefully. By using this Site You will be deemed to have agreed to these Terms. If You do not agree to comply with these Terms, please do not use this Site. These Terms apply only to Your visit on this Site. This Site’s webpages, content and services are provided for free and for Your personal use only. If You have any questions please email Us at: support@floraict.com.

 1.2. Deviations from these terms are only binding if they have been accepted in writing by Us.

 

2. Who are We?

 2.1. Flora ICT B.V. Is a Dutch company, based in Haarlem. Our services mainly consist of providing webtraffic to Our clients. Our contact information:

Flora ICT B.V.

Wagenweg 40

2012 NE, Haarlem

The Netherlands

+31 (0)23 5298683

Company Registration#: 57378320

VAT#: NL852554564B01

3Access

 3.1. On Our Site You will find a collection of online games that you can play online in your browser. The Site does not provide memberships, subscriptions or user accounts; therefore You can use the Site’s webpages, content and services directly.

 3.2. You must obtain, and pay for, all telecommunication services, computer equipment and software necessary to connect to and use Our Site. We do not provide such services, equipment or software and You will need to obtain these from other suppliers. We do not have any control over, or responsibility for, such suppliers.

 

4. Age requirement

 4.1. Our Site is directed to persons of 13 years or older. By using this Site, You represent that You are 13 years or older. If you have not reached the age of 13, you are not allowed to use Our Site.

 

5. Prohibited use

5.1. By using this Site, You automatically agree that You will not use this Site or any information contained herein for any purpose not expressly stated in these Terms. Also, You are not allowed to use this Site and/or engage in any conduct that results in You being in violation of any applicable laws, regulations and/or policies of Your country. Also, You especially agree that it is not allowed to use the Site and its content or any information contained therein for any acts that are in conflict with Dutch law and/or any other applicable rules and regulations. You will agree to refrain from any acts that do not correspond with Our Terms or any other policy, such as Our Privacy Policy. Therefore, forbidden are, but not limited to, the following acts:

– using indecent language;

– placing information in places where it is undesirable;

– storing or disseminating information that is defamatory, abusive, intimidating, harassing, fraudulent, tortious, deceptive, libelous and/or racist;

– infringing on rights of third parties, including privacy rights, publicity rights, copyrights, trademark rights and/or any intellectual property rights;

– disseminating information that is in violation of copyright, or placing hyperlinks to such information;

– copying, distributing, redistributing and/or duplication of parts, materials and/or other content in modified form, which can be found on or through the Site;

– using Our Site and/or components, materials and content which can be found on or through the Site for public display, public performance, sale, promotion, advertisements and/or rental, or for Your own commercial gain, without Our prior written consent;

– removing copyright and/or other proprietary notices from the Site and/or components, materials and content which can be found on or through the Site;

– assisting others in violating the rights of third parties, such as by linking to hack tools or explanations about cyber crime which is obviously intended to enable the criminal conduct referred to, to be committed by the reader and is not intended for defensive purposes;

– violating the privacy of third parties, such as distributing, without permission or necessity, of personal interests and personal information, or repeated harassment by third parties through these unsolicited communications;

– using Our Site for commercial purposes;

– acting in contrary to what is socially proper;

– permitting the unauthorized use by a computer or computer network through viruses, hacking, and/or any other means that interferes, limits, destroys and/or interrupts a computer, software programs, code or any other corresponding files.

 

6. Privacy

 6.1. Our Site processes Your personal data. By using Our Site, You consent to such processing. For more information on what personal information We collect and what We do with that information, please visit Our Privacy Policy here: old.2pg.com/privacy-policy/.

 

7. Third party materials 

7.1. It is possible that you are exposed to third party material which you think is offensive, objectionable, indecent or unlawful. By using Our Site, you agree that We are not responsible or liable for any content, advertising, products, services and other materials of third parties.

7.2. These Terms are only applicable to this website. It is possible that You access or leave Our Site through links, advertisements or any other way. We have no control over third party websites. We are not responsible and/or liable for any damage, loss, or something similar through Your use of the website(s) of others.

7.3. We recommend that You read the terms of use, privacy policy and any related documents of any website that You visit before or after visiting old.2pg.com. When You leave Our Site, any guarantees and/or statements made in this document will be null and void.

 

8. Guarantees & warranties

8.1. Please note that We cannot make any guarantees or warranties regarding the availability of Our Site. It will be inaccessible during regular maintenance periods and it may from time to time be subject to emergency maintenance or be unavailable for other technical reasons. Like all software-based services the Site cannot be promised to be free from errors and bugs. We will, however, use reasonable care and skill in fixing any problems once We become aware of them. You agree to indemnify, save and hold harmless Flora ICT B.V for any losses and liabilities regarding the availability of Our Site.

 

9. Indemnification

9.1. Subject to the terms, conditions, express representations and warranties provided in the Terms, You agree to indemnify, save and hold harmless Flora ICT B.V., its agents, employees and/or representatives from any and all damages, liabilities, claims, costs, losses or expenses (including attorney’s fees) which arise, or result from, or relate to Your use of Our Site and/or any findings of fact which is inconsistent with Your representations and warranties made therein.

 

10. Force majeure

10.1. In case of any unforeseen circumstances (‘Force Majeure’), We shall not be responsible and We shall never be obliged to pay any compensation for the resulting damage(s) to You. Force Majeure shall include, among other things, power failures; civil unrest; mobilization; war; traffic jams; strikes; lockouts; business interruptions; fires; natural disasters, such as floodings, earthquakes and storms; shortages in supply; and/or any malfunction, failure or breakdown of the telecommunications or information services infrastructure.

 

11. Intellectual property

11.1. All materials, information, photography, logos, writings and other creative content on Our Site (‘Intellectual Property’), shall remain Our and/or Our third party affiliates’ sole property, and We and/or Our third party affiliates’ shall be the sole owner of all rights in connection therewith. You are not allowed to, among other things, use, reproduce and/or create derivative works of Our and/or Our third party affiliates’ Intellectual Property without prior written consent, except to the extent permitted by law.

 

12. Content removal

12.1. The games offered on this Site are licensed to Flora ICT B.V. by third party affiliates and/or We have obtained the limited right to use those games. If You are under the impression that any material on this Site is against your rights (e.g. copyright, trademark right) you can send Us a notice with a content removal request. For more information, please visit Our content removal page here: old.2pg.com/content-removal.

 

13. Security

13.1. We take Your privacy very serious and therefore We have taken appropriate technical and organizational measures to prevent and minimize risks of unauthorized access, inappropriate use and inaccuracy of data stored on Our systems, insofar this is reasonably possible and expected of Us. Unfortunately, We cannot guarantee complete safety.

 

14. Spam, viruses, malware etc.

14.1. If there exists, in Our sole opinion, any nuisance, damage or other hazards to the functioning of Our computer systems, Our network, third parties and/or the services provided via the internet, in particular caused by You by means of excessive sending of emails, viruses or (personal) data leakage, We are entitled to take any necessary measures that We think are reasonable to avert or avoid this danger. This may include amendments to the information You provided Us and/or excluding You from using Our services.

 

15. Changes to these Terms

15.1. We reserve the right to make changes to these Terms. We recommend that You regularly visit this page and check if You have read the latest version of the Terms, which is indicated by the Last Modified date stated above.

 

16. Form of communications

16.1. If any provision of these Terms requires that a communication should be carried out “in writing”, this condition is also met if the communication is sent via e-mail or through Our services, provided that it is sufficiently established that the message actually came from the sender using Our service and the integrity of the message has not been affected. The way such information or communication is recorded by Flora ICT B.V. is deemed to be correct, unless You can provide counter-evidence.

 

17. Severability

17.1. If any of the provisions stated in these Terms and/or any related document is deemed to be void or in breach of applicable law, this shall not affect the validity of the entire agreement and/or any other provisions stated herein, and the remaining provisions of these Terms will continue in full force and effect. If, for any reason, one of the provisions in these Terms is held to be unenforceable, illegal or invalid in some other way, parties shall together determine a new provision, which gives a satisfactory representation of the intent of the original provision, insofar as this is legally possible.

 

18. Governing law and dispute resolution

18.1. These Terms and any related documents are governed by Dutch law. Both parties shall attempt to resolve any dispute arising out of the Terms together through negotiations. If parties fail to resolve the conflict through negotiations, both parties are obliged to turn to binding arbitration by a single arbitrator in the Netherlands. Arbitration will be subject to and apply Dutch law. Both parties agree to waive any jurisdictional or venue defenses and/or any rights to trial by jury and agree to service of process by mail. The right to binding arbitration cannot be waived by either party, unless the waiver is expressly agreed upon by both parties, in writing.

 

19. Any questions?

19.1. If You have any questions, feedback or comments about Our Terms, please contact Us on: support@floraict.com.

 

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© Flora ICT B.V.