II. Definitions

2.1       According to these General Terms and Conditions, except to the extent expressly provided otherwise:

“Distribution Platform” means any digital distribution platform operated by a third party by means of which the User lawfully acquired the Game;

“Distribution Platform Terms and Conditions” means the terms and conditions of the Distribution Platform that set out any rights and/or obligations of the User in relation to the Game;

“Update” means any downloadable or other supplemental content for the Game made available by the Developer and purchased or otherwise lawfully acquired by the User;

“Effective Date” means the date upon which the User accepts the present General Terms and Conditions;

“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);

“Game” means Wild Goose as modified, patched, updated and upgraded from time to time by or with the authorization of the Developer;

“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

“Permitted Hardware” means [a single] OR [any] desktop, laptop, tablet computer or smartphone that is owned by or in the physical control of the User and meets the minimum hardware requirements for the Game published by the Developer from time to time;

“Term” means the term of these General Terms and Conditions, commencing in accordance with Clause 4.1 and ending in accordance with Clause 4.2;

“User” means the person/individual to whom the Developer grants a right to use the Game in accordance with the present Terms and Conditions and who meets the minimum age limit of 16 years old.

III.  Requirements for running/playing the Game

3.1.  Access to Game is conditioned by the following:

• prior, full and unconditional acceptance of the provisions of the present General Terms and Conditions as mentioned above;
• User Account creation and activation or as the case may be play as guest; (When playing as a guest, the user will receive an automatically created account that is relevant to the device he is using. If the user decides to play from a different device, no progress of the game can be shared.)
• When using as a guest, consent and all progress within the game will be stored locally according to the “guest credentials”.
• Fulfilment of minimum age requirements – at least 16 years old. Individuals under this age limit are banned/not allowed from playing the Game.

3.2.   Failure to comply with any of the above conditions will result in the inability to download, access, and run the Game.

3.3. Mobile applications

The Game can be downloaded for free as a mobile app through various app stores (e.g. iTunes through the App Store and Google through the Google Play Store). User can run the Game by downloading the respective mobile application from the store on his device.

The license agreement regarding the free use of the mobile application enters into force by downloading the application on the user’s device and accepting the present General Terms and Conditions as mentioned above.

The app stores are not responsible for facilitating maintenance and support services for the mobile application. All updates and upgrades are made available by Developer.

Downloading the Game from a mobile app is governed by the terms and conditions of the respective app store.

3.4. Account creation

The Account can be created either on the game web page/platform (browser) or through the mobile application downloaded on the user’s device.

The Account is not transferable without the express approval of Developer, either for a fee or free of charge.

To use the platform, User is required to register, or have previously registered, an Account (“Account”). Creation and use of Accounts, are subject to the following terms and conditions:

User may create an Account only if they are “natural persons” and meet the minimum age limit – Corporations, Limited Liability Companies, partnerships and other legal or business entities may not create an Account.

The User also has the possibility to access and play the game as a guest. When playing as a guest, the user will receive an automatically created account that is relevant to the device he is using. If the user decides to play from a different device, no progress of the game can be shared. In order to have the progress saved and shared on different devices, the user must manually create an account or login with the identical Facebook account.

When User creates or updates an Account, User must:

• Provide and e-mail address and password (collectively referred to hereunder as “Login Information”). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this agreement allow it. Alternatively, User may log in with Facebook account.
• Therefore, you are responsible for maintaining the confidentiality of all credentials tied to such account. Moreover, you are also accountable for purchases through our application. The user is also answerable for any communication related to or tied to its account after acceptance of the Terms of Service herein provided.

User can log in to the Account both through the application downloaded or through the web page related to the game.

User undertakes to keep the Login information confidential and to inform Developer without delay as soon as he acknowledges or suspects that his Login Information is known to unauthorized third parties. In this case, the User himself will modify the data or request that we modify the data. Moreover, in such a situation we have the right to temporarily block the User’s access. As long as no notification is registered by User in this regard, we will be entitled to assume that anyone logging into your account using your Login information is either you or someone logging in with your permission. Failure on your side to keep the Login information secret leads to your full responsibility for any consequences suffered by Developer as a result of this (including any unauthorized purchases) and as such User agrees to fully compensate Developer for any losses or harm that may result.

The following rules govern the security of your Login Information:

• User shall not share the Account or the Login Information, nor let anyone else access his account or do anything else that might jeopardize the security of the Account.
• In the event User becomes aware of or reasonably suspects any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, he must immediately notify Sip Gaming and modify the Login Information.
• User is solely responsible for maintaining the confidentiality of the Login Information and will be responsible for all uses of the Login Information, including purchases, whether or not authorized by User.
• User accepts full responsibility for any unauthorized use of service by minors. You are also accountable of any payment methods and their utilization (e.g. debit card, credit card, PayPal)
• User is responsible for anything that happens through the Account.

Sip Gaming Srl reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

3.5. Additional services – Purchase of tokensUsers can play the Game offered by Sip Gaming Srl essentially free of charge. However, the User can pay money to purchase in game items (“tokens”) within the context of the Game. The price for the Tokens appears in Euro, US dollars, or in another currency applicable to the User’s region.

“Tokens” as described refer to a virtual currency used in the services provided by Sip Gaming Srl , and therefore the application provided by the company. The term tokens may also refer to a variety of classifications of virtual currencies upon the same platform, all purchased using real money through the approved payment methods and instructions.

The use of aforementioned tokens relates to various and explicitly mentioned virtual goods and/or services such as cosmetics, boosters and other in-game advantages.

The end user also expresses its consent to purchase such tokens only by using the authorized partners and methods.

Sip Gaming Srl may manage, regulate, control, modify or eliminate the Tokens at any time, with or without notice. Sip Gaming Srl shall have no liability to its Users in the event that Developer exercises any such rights.

ALL PURCHASES AND REDEMPTIONS OF TOKENS ARE FINAL AND NON-REFUNDABLE.

The provision of Tokens for use in the Game is a service provided by Sip Gaming Srl that commences immediately upon acceptance by Developer of the User’s purchase.

The User must pay the amounts displayed on the Game description page for Tokens. Sip Gaming Srl will inform the User on the Game web page/platform at any time of the price to be paid by the User in order to be granted the Tokens based on the type of offer purchased, as well as bonuses inside the Game. These prices do not contain the cost of data traffic that the User makes when running the Game on a mobile device.

In order to purchase Tokens, Users will proceed with a prepayment.

3.6. Content of services provided

SIP GAMING SRL makes available to its users on the game web site/platform the Games and other services (payment services) at the best of our technical and operational ability. The services offered as part of playing the Game are available to users who have a license agreement and have an active account.

The Game and additional services offered are processed and updated by Developer as it deems appropriate, in order to keep them attractive to as wide a circle of users as possible. In order for all users to participate in the Game, everyone must use the same version of the game, service, premium service, object.

Developer reserves the right to discontinue the operation of the Game or parts thereof without explanation.

IV. Duration and termination of contract

4.1. The User accepts these General Terms and Conditions from the moment he installs the application on his mobile device or creates an Account on the game website/platform.  These General Terms and Conditions shall come into force upon the effective date as mentioned above.

4.2. If the User wants to stop using the mobile application/ the Game, he can uninstall it from his device at any given time so he will no longer be able to access the Game. If the application has been uninstalled, it can be reinstalled at any time and the User can reuse the Game and any of the offers available whenever the User wishes.

4.3. In case of the service rendered through the game web site/platform if the User want to stop running the Game he can delete the Account thus all progress registered in the Game and purchases will be lost and he will no longer be able to access the Game. The User can no longer request a refund of the amounts paid from the time the termination takes effect. The User has the possibility to use and consume the tokens acquired, as well as the items purchased for a fee, until the termination of the Contract. Subsequently, the user is no longer entitled to any claims against SIP GAMING SRL.

4.4. Additionally, these General Terms and Conditions shall immediately and automatically terminate if the User commits any breach of the present Contract.

4.5. Considering the latter situation for the avoidance of doubt, all licenses granted to the User under these General Terms and Conditions shall terminate upon the termination of this Contract. Accordingly, the User must immediately cease to use the Game upon the termination of this Contract.

V. User obligations

5.1. The User guarantees that the data he has provided to us during registration and use of additional services which require payment are correct and complete.

5.2. The User undertakes to follow the rules of these Terms and Conditions, to follow the instructions of the game, our instructions and those of our employees. These include instructions from administrators and moderators (community managers, assistants) on the game forums.

5.3. The user will waive anything that may jeopardize and impede the operation of the games, as well as the beneficial and profitable interaction between users. The User is specifically prohibited from the:

• use a username that violates the rights of third parties (especially copyright, personality rights, trademark rights, commercial rights, etc.) or good morals, eg, infringes on the religious beliefs of third parties, or it is racist or discriminatory in nature. We explicitly distance ourselves from such behavior.
•   to commit identity theft,
• use or post on the Internet content that instigates mobbing, threatening, harassing, insulting or denigrating, posting or linking to such material on a third-party site, whether or not such content relates to other users, our collaborators or other people or companies,
• use, post or post discriminatory content on the internet (e.g. hate speech against groups of people, especially because of race, ethnicity, religion, disability, sex, age, veteran status or sexual orientation) political, immoral, pornographic, reprehensible, offensive, violent, sexist, far-right or left-wing content, or use content that is contrary to law, in particular youth protection law, or on the protection of young people in the media, use content that violates good morals, publish it or link to such material on a third-party site or advertise, offer or distribute products that are contrary to laws, in particular laws on the protection of minors,
• violate applicable laws or incite violations of the law or publish links to such articles,
• publish, multiply, make available to the general public or distribute content protected by law, in particular infringing industrial property rights (e.g. copyright, trademark, patent and design legal provisions),
•  will advertise, offer or distribute goods or services,
• use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Game,

• undertake or support non-competitive actions, including progressive advertising to customers (such as chain system, snowball or pyramid scheme),
• request personal data or access data from other users for commercial or illegal purposes,
• organize or advertise commercial activities and / or sales to third parties (and by link), e.g. announcements, gambling, contests, raffles, barter operations, snowball systems,
• multiply the photograph of another person or make it accessible to the general public without the written approval of the person concerned,
• will publish personal or confidential data without authorization,
• will use the services to make a profit,
• will publish or distribute content that causes damage to networks, servers, or other infrastructure components that disrupt or take over their operation (e.g., spreading computer worms, Trojans, viruses, spyware, password phishing, etc.).
• Modification of content or any files developed by Sip Gaming Srl or in relation to the game without having the proper consent of the developers.
• Actions that infringe the trademarked or protected intellectual property rights upon other users, Sip Gaming Srl or partners.

VI. Rights and obligations of Developer

6.1. Developer will ensure the confidentiality of the information provided by the User, through the Game, but will in no way be liable for compliance with any obligation of confidentiality with regard to information which the User has disclosed to third parties or which has been made public by them.

6.2. Developer guarantees the User limited access, in his personal interest, within the Game and not grants you the right to partially or completely modify the Game, to copy, to sell / resell or to exploit the Game and its contents in any other way, for commercial or contrary purposes.

6.3. Developer will not be liable for the following: (1) software errors, network crashes, altering and / or de-securing information that transits systems other than its own or due to the crash of the network of any other third party; (2) fraudulent use of the Game by the User.

6.4. Developer will make every effort to ensure the use of the Game by the User in conditions of maximum security and confidentiality.

6.5. Developer may decide at any time on the modification or interruption of the Game with immediate effect and without prior notice, for the purpose of making repairs or maintenance works or in order to improve the performance of the services of the Game or for another similar reason.

6.6. In case of abusive or unauthorized use of the Game, Developer reserves the right to limit, suspend or cancel without notice the User’s access to the Game and all affiliated services.

6.7 Developer reserves the right to terminate the game along with all its features without any warning and with immediate effect.

6.8 Developer shall not be liable for any expenses/prejudices caused to the User by any third parties advertising in the Game. We are not responsible for any of the ad’s content placed by the third parties in the Game.

VII. Intellectual Property Rights

7.1. Nothing in these General Terms and Conditions shall constitute an assignment or transfer of any Intellectual Property Rights of the Developer.

7.2. The User acknowledges and respects the fact that the Game, as well as the trademarks, logos, and any other creations are protected by copyright laws and that all intellectual and industrial property belongs to Developer. Accordingly, the User agrees to abide by both these Terms and Conditions and applicable law and intellectual property rights, being solely responsible for their non-compliance.

7.3. The User agrees not to infringe any intellectual or industrial property rights, the total or partial reproduction, public communication, distribution, or any other form of exploitation (including, but not limited to copying, modification, sale, rental, lending, deletion) is strictly prohibited.

7.4. The User understands not to decompile, disassemble, use reverse engineering techniques or any other possible means to obtain the source code, perform transformations or publish any of the elements or tools available in the Game. The User is solely responsible for any crime committed by him or other persons in any relationship with him that affects the rights of the holder of intellectual and industrial property rights, he must compensate for damages, thus exempting Developer from any claim, legal action.

VIII. Warranties and warranty limitations

8.1. If the Developer reasonably determines, or any third party alleges, that the use of the Game by the User in accordance with these general terms and conditions infringes any person’s Intellectual Property Rights, the Developer may act reasonably at its own cost and expense:

(a)       modify the Game in such a way that it no longer infringes the relevant Intellectual Property Rights; or

(b)       procure for the User the right to use the Game in accordance with these General Terms and Conditions.

8.2. The User warrants to the Developer that it has the legal right and authority to enter into this Contract and to perform its obligations.

8.3. All of the parties’ warranties and representations in respect of the subject matter are expressly set out in this Contract.

8.4. The User acknowledges that the use of the Game will require computer hardware and software meeting the minimum requirements specified by the Developer. The User further acknowledges that, as the Game is updated, those requirements may change and, accordingly, the Game may cease to function on the hardware of the User.

8.5. The User acknowledges that complex software is never wholly free from defects, errors and bugs; and the Developer gives no warranty or representation that the Game will be wholly free from defects, errors and bugs.

8.6. The User acknowledges that complex software is never entirely free from security vulnerabilities; and the Developer gives no warranty or representation that the Game will be entirely secure.

8.7. Certain jurisdictions and therefore authorities may or may not allow/enforce the applications of some mentioned warranties.

IX. Final provisions

In case the User encounters an incident or has any doubts regarding the Game, he can contact The Developer through the available communication channels. SIP GAMING SRL will take over the incident in order to give a resolve. These Terms and Conditions, as well as the related payments and fees, are subject to change at any time by Developer, in accordance with the laws in force.

If the User does not agree with the changes announced by Developer, he may stop using the Game without any penalties or may remain a User, in which case it will be understood that he agrees and accepts the changes.

Romanian law applies to these Terms and Conditions.  Developer assumes the right to change these provisions at any time and communicate the latest version to the User. In case of disputes over the interpretation or execution of the Contract, the User may address the competent courts for the settlement of disputes arising or in connection with the Game and enforcing the present General Terms and Conditions. The fact that developer does not exercise its rights or does not undertake the actions provided in the Terms and Conditions or in the legislation in force will not be considered as a waiver of Developer’s rights. If a competent court determines that the provisions of these Terms and Conditions are invalid, those provisions will be removed from the Terms and Conditions without affecting the rest of the provisions, which will remain in full force and effect.