Gaming terms and conditions for WordCrex.
The game “WordCrex” is offered over the internet by the company Creative Friends B.V.. The use of WordCrex is subject to the below terms and conditions. Using WordCrex constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by Creative Friends B.V..
Article 1. Use of the game
1.1 With the game “WordCrex” you must use your intellectual facilities against other players.
1.2 To use WordCrex, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3 You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Creative Friends B.V. may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Creative Friends B.V. that someone else knows your password.
1.4 WordCrex processes your personal data. You give your consent for all forms of processing within the scope of the game. Consult the privacy statement of Creative Friends B.V. for more information.
2.1 It it is not permitted to use WordCrex for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the game that is slanderous, libelous or racist.
2.2 In addition, on WordCrex it is forbidden to
• cheat in any way whatsoever;
• repeatedly harass, annoy or cause grief to other players, even if this would be legal conduct under the game rules or the law;
• use indecent language;
• publish information that is pornographic or erotic (even if legal under applicable law);
• violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
• exercise commercial activities;
• create accounts on any identity other than your own, including pretending to be the game operator, gamemaster or any other person related to WordCrex.
2.3 Should Creative Friends B.V. discover that you violate any of the above, or receive a valid complaint alleging the same, Creative Friends B.V. will issue a warning. For repeat offenses Creative Friends B.V. may impose an appropriate sanction. The decision of the gamemasters is final, but you have the right to appeal to the game operator. You must do this as soon as possible after the decision has been imposed. The decision of the game operator is final and unchallengeable.
2.4 If in the opinion of Creative Friends B.V. the continued functioning of the computer systems or network of Creative Friends B.V. or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Creative Friends B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.4 Creative Friends B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the game. In addition Creative Friends B.V. is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
Article 3. Availability and maintenance
3.1 Creative Friends B.V. uses its best efforts to have the game available at all times but makes no guarantees about uninterrupted availability.
3.2 Creative Friends B.V. actively maintains WordCrex. Maintenance can take place at any time, even if this may negatively impact the availability of the game. Maintenance is announced in advance whenever possible.
3.3 Creative Friends B.V. may from time to time adapt WordCrex. Your feedback and suggestions are welcome but ultimately Creative Friends B.V. decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1 The game WordCrex, the accompanying software as well as all information and images is the intellectual property of Creative Friends B.V.. None of these items may be copied or used without prior written permission of Creative Friends B.V., except and to the extent permitted by mandatory law.
4.2 Creative Friends B.V. shall refrain from accessing data you store or transfer using WordCrex, unless this is necessary for a good provision of the game or Creative Friends B.V. is forced to do so by law or order of competent authority. In these cases Creative Friends B.V. shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the game
5.1 To offer you WordCrex free of charge, Creative Friends B.V. presents advertisements of its sponsors on WordCrex.
5.2 It is not permitted to block advertisements shown to you. Creative Friends B.V. is entitled to suspend or block your access to the game if advertisement blocking is detected.
Article 6. Limitation of liability
6.1 Except in case of intentional misconduct or gross negligence Creative Friends B.V. shall not be liable for the use of the game or any damages in connection therewith.
6.2 Creative Friends B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3 Damages may only be claimed if reported in writing to Creative Friends B.V. at most two months after discovery.
6.4 In case of force majeure Creative Friends B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1 This agreement enters into force as soon as you first use the game and then remains in force until terminated.
7.2 If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3 Creative Friends B.V. is entitled to terminate the agreement if you have not used the game at all in the last 18 months. In such an event Creative Friends B.V. shall first send a reminder mail to the e-mail address connected to your account.
Article 8. Changes to terms
8.1 Creative Friends B.V. may change or add to these terms and conditions as well as any prices at any time.
8.2 Creative Friends B.V. shall announce through the game changes or additions at least thirty days before their taking effect.
8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of WordCrex after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1 Dutch law applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with WordCrex shall be brought before the competent Dutch court for the principal place of business of Creative Friends B.V..
9.3 For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the WordCrex service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4 The version of any communication of information as recorded by Creative Friends B.V. shall be deemed to be authentic, unless you supply proof to the contrary.
9.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6 Creative Friends B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of WordCrex or the associated business activities.