Terms of Use

1. General

1.1. Scope. The following terms and conditions are binding terms ("Terms of Use" or "Terms") concluded by Derek & Nomar s.r.o., a company established under the laws of the Slovak republic, Business ID 35894024, with its registered office at Hlaváčikova 27, Bratislava, 841 05, Slovakia, registered in the Commercial Register maintained by the Municipial Court Bratislava I, File No. 32530/B ("D&N", "We" or "Us") for use of our games or other services by players or other users ("Users") made available via the following platforms: (i) the Windows Store, (ii) App Store, (iii) Google Play, (iv) Facebook platform and/or (iv) our website https://www.dereknomar.com ("Platforms"). These Terms of Use always apply to any services provided on the Platforms ("Services").

1.2. Eligibility and Understanding Terms. Our Services may be used by individuals aged 18 and above. Before using our Services, each User shall verify that its age is 18 and above. Users shall be entitled to use our Services provided that they agree to these Terms and Privacy Policy.

1.3. Security and Privacy. We are focused on privacy and security of data each User shares with us. Please read our Privacy Policy for more details.

2. Platforms and Access to Services

2.1. Account. In order to use some of our Services, a User must register by authorizing us to access their data on their public Facebook profile. A User shall keep its profile updated by current, complete and accurate data. Upon completing all required information and going though all steps of authorization process as promoted, we will create such User an account for communication with us and use of our Services ("Account"). User shall immediately change registration data within registration in case of data change. Password set for access to the Account (or your Facebook profile) must be a ‘strong’ password, i.e. meeting requirements set out by us and displayed within registration process. Each User must protect his/her username and password for his/her Account against unauthorised use by any third party (e.g., regularly changing passwords, not using predictable usernames and passwords, not sharing password with other persons, or granting access to his/her Account and/or to data to other persons). Each User is solely responsible for any and all activities that occur using his/her Account by himself/herself or any third party. Each User shall notify us in case of any unauthorised use of his/her Account or any other breach of security with respect to such Account.

2.2. Access to Services. We are undertaking any reasonable efforts to maintain our Services accessible at all times. There is, however, no guarantee that our Services or any its contents will always be available uninterrupted. Access to our Services is permitted only on temporary basis. Our Services or any of its parts may be suspended, withdrawn or discontinued without notice. We will not be liable to any User if, for any reason, our Services are unavailable at any time or for any period. Each User is solely responsible for making all necessary arrangements to allow access to the Services, including payment of any charges imposed by internet services or mobile operator. User is also responsible for ensuring that all persons with access granted to the Services by such User are aware of these Terms and that they comply with them.

3. Use of Services and Conduct

3.1. Use of particular Services. Certain Services may be subject to additional rules, controls or guidelines. Any such rules, controls or guidelines form part of these Terms and each User shall comply with them when using such Services. We may also withdraw or modify any of the Services provided to the Users without liability in case of (i) technical difficulties; (ii) from the reasons of enhances user experience, or (iii) in case there are legal reasons to do so (such as privacy or other legal objections).

3.2. Multiplayer. In certain modes of games or other Services provided by us, a User will be able to play against an opponent or via a social network. Any opponent selected by us is determined on a random basis. Each User hereby acknowledges and agrees that certain details or data (name and score) may be accessible to other persons who are playing the same multiplayer game. Each User also understands and agrees that his/her name and e-mail address may be available for other persons for the purposes of searching an opponent in multiplayer mode.

3.3. User conduct and content. Each User agrees to comply with all laws and regulations applicable to him/her (especially location-based rules) when accessing our Services. Each User also understands and agrees that any content or communication provided by such User or third person via our Services is the sole responsibility of the particular content/communication originator and not by us. Each User hereby agrees not to transmit, communicate or otherwise make available any contents and/or communication in any other manner via Services which could be held as unlawful in any way whatsoever, including making available any privileged data or information, viruses (or any other code designed to negatively affect functionality of software or hardware), any information which is or may be held unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable, inciting violence or racial/ethnic hatred, unsolicited business communication or using our Services in a way that is contrary to these Terms or using our Services for any purpose which could be held as contradicting these Terms or rules of any Service provided on the basis hereof.

3.4. Restricted actions. No User shall (without being granted a written permission to do so):

  • copy, display, modify, adapt, translate, download, reproduce, create derivative works from any (part of) Services;

  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any (part of) software (subject to specifically permitted by applicable laws);

  • use our Services to harm anyone, create more than one Account to access our Services, or use our Services otherwise in violation of any applicable laws or regulation;

  • use another person’s data in order to sign up for our Services, or use our Services for other fraudulent or abusive purposes;

  • not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any virtual currency and/or virtual goods, whether on a free of charge basis or otherwise;

  • rent, lease, assign or otherwise transfer rights to (part of) our Services;

  • remove any proprietary notices or labels being part of any of any Services;

  • displayour Services in such a way that a reasonable person would make a negative, false or misleading idea about us or our Services; or

  • use, post, transmit or introduce any device, software or routine which may interfere with any operations of Services.

3.5. No monitoring. We do not control any content posted on our Services by other persons and therefore do not guarantee the quality, integrity or accuracy of such content. Under no circumstances we shall be liable for such content. We have a right to remove such content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring our Services into disrepute. We do not actively monitor content that is contributed by people that use our Services.

4. Prices and Payments

4.1. Prices and payments. Generally, each User may play our games or use our other Services free of charge. Please note that any additional charges that may be imposed by mobile or other service operator for using our Services. Some of our Services, especially selected or extra scenarios or items, may also be provided for remuneration. Payment processing is processed via third party as described in the Platforms ("Payment Processor"). The prices are inclusive of taxes; however, the terms of the purchase must be read by a User prior to making any purchase, as Payment Processor may impose additional fees or other additional terms. As long as the payment is processed and confirmed by Payment Processor, we will deliver to the User the purchased Service without any undue delay.

4.2. Payment Instruments. Within registration to Account, each User will be required to select one of available payment instruments ("Payment Instrument"). Available payment instruments may vary in different countries or territories.

4.3. Changes of pricing. We may change our pricing and payment policy from time to time. These changes are effective upon acceptance of revised payment terms prior to any further use of our paid services.

5. Intellectual Property

5.1. General. We hold all intellectual property rights vested in our Services, including any underlying software, its documentation, names, marks, pictures, logos, graphics, texts, meta-tags or other protected items being part of our Services ("Materials"). For the avoidance of doubts, Materials include also "look and feel" of any of such items. All Materials are protected by copyright or other intellectual right protection and treaties around the world. All such rights are reserved.

5.2. License. Subject to applicable copyright, other intellectual property laws, each User is being granted with non-exclusive, revocable, non-sublicensable and non-transferable licence to use our Services. The license is granted for the sole purpose of using our Service in line with its designated purpose.

5.3. Notice. No User may copy, distribute or make available to public or create derivatives from any content belonging to any other User. If any person believe that his/her intellectual property has been infringed by someone else over the internet via our Services, such person may contact us by e-mailing to the following address contact@dereknomar.com with subject "IP Notice":

  • Description of intellectual property and explanation how it was infringed;

  • Description of where the infringing material is located;

  • Contact details of the person making the IP Notice; and

  • Statement that the information is accurate and have a good faith belief that the use is not authorised.

6. Warranty and Liability

6.1. Liability. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL OR ANY OTHER DAMAGES OR LOST PROFITS, DATA, OPPORTUNITY OR OTHER INTANGIBLE ASSETS, TO THE EXTENT PERMITTED BY APPLICABLE LAWS. THIS EXCLUSION APPIES ALSO IN CASES WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE. NOTHING IN THESE TERMS SHALL OPERATE TO LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAWS. IN ALL CASES AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OUR TOTAL LIABILITY FOR ANY DAMAGE AND LOSS CAUSED IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES FOR OUR SERVICES PAID BY USER FOR MONTH IN WHICH THE DAMAGE OR LOSS HAVE ARISEN. We are not responsible for (i) losses or harm not caused by our breach of these terms or negligence; or (ii) any increase in loss or damage resulting from breach by a User of any of these terms and conditions; or (iii) technical failures or the lack of availability of Platforms, and/or social media channels where these are not within our reasonable control.

6.2. Warranty. OUR SERVICES ARE PROVIDED ON "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.

6.3. Indemnity. A User shall reimburse us in full for any loss or damage (s)he will cause by breaching these Terms or caused to us as a result of his/her false representation, notwithstanding whether caused by negligence or otherwise. Such User shall also reimburse us for any interruption of our business caused by acts and omissions in connection with use of our Services or via the Account. We reserve the right to charge Payment Instrument of a particular User for any such amounts.

6.4. Force majeure. Neither party is in breach hereof and/or can accept any liability or pay any compensation (other than to refund money paid for Services not yet rendered), if the respective party is unable to perform obligations due to any adverse event, act, or omission beyond reasonable control, including (but not limited to) natural disasters, acts of terrorism, civil unrest, industrial disputes, or failure of utility services.

7. Final Provisions

7.1. Confidentiality. Neither party will use or disclose the other party’s confidential information without the other’s prior written consent except for the purpose of performing its obligations or if required by law, regulation or court order; in which case, the party being compelled to disclose confidential information will give the other party as much notice as is reasonably practicable prior to disclosing the confidential conformation. For the purposes of these Terms, confidential information shall mean any information or proprietary data disclosed by one party to the other whether orally or in written that is designated as "confidential" or that should be understood to be confidential given the nature of information and circumstances of disclosure. confidential information shall not include (i) information known to the general public; (ii) information which becomes known to the general public otherwise than by breaching this provision by the receiving party; or (iii) information independently developed by receiving party without use of confidential information received from the other party. For the avoidance of doubts, our confidential information include (but is not limited to) source code, methods and knowhow related to our Services and confidential information include data uploaded via User’s Account.

7.2. Notices. Any and all communication in connection with these Terms shall be made via User’s Account. Any notice shall be deemed to be delivered to us by submitting it via User’s Account and delivered after signing in to User’s Account (or in case of not signing in within three business days, at the end of third business day after sending a notice to User’s Account).

7.3. Breach. In case we have learned or have a reasonable belief that a User has breached these Terms or any of his/her representation will show to be faulty and/or misleading, we have right to immediately suspend or terminate particular User’s Account at any time and without notice.

7.4. Termination and Assignment. Both Parties may terminate these Terms at any time via delivering a termination notice via particular User’s Account or via canceling User’s Account. User may not assign the agreement or any of the rights or obligations stipulated herein to any third party. We may assign this agreement to any affiliated person or entity.

7.5. Survivability. Rights and obligations arising out of this Agreement cease to exist along with termination hereof, except for Liability, Indemnification, Confidentiality, Eligibility, Severability and Entire Agreement.

7.6. Severability. If any of the terms of this Agreement turns out to be null, void or unenforceable, other provisions shall remain valid and enforceable. The relevant provisions shall be removed and/or amended by the parties in order to best reflect intentions when entering into hereof. The relevant provisions shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions.

7.7. Entire Agreement. This Agreement supersedes all prior agreements, whether oral or written.

7.8. Linking and references. The site provides links to third party sites; however, inclusion of these links does not imply any endorsement of such linked site or any association with their operation. We are not responsible for the contents of the linked sites or use thereof. We are also not responsible to a User in relation to any losses or harm caused by such third party sites. Any charges incurred in relation to the third party sites are responsibility of a particular User. Each User understands that when (s)he provides data to such third parties, (s)he is providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

7.9. Reporting on potential breach of law. In any person knows or has a reasonable belief we or any third party using our Services is in breach of law or of any of our Terms, please report us of any such situation at contact@dereknomar.com.

7.10. Waivers. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right if not executed in writing and signed by us.

7.11. Applicable law. These Terms are to be construed and interpreted in accordance with Czech law.

Changes of terms. These Terms may be updated or changed from time to time and shall be fully effective after their publication on via any of the Platforms (which will be declared via the "Changes Effective" date at the top of Terms). In case any person uses our Services after publication of the changes, such person is indicating that (s)he agrees to be bound by the modified Terms.