Terms and Conditions of Service
Published by THUNDER DATA S.R.L
Last Update: 02 February 2023
THIS IS AN IMPORTANT DOCUMENT. PLEASE READ IT CAREFULLY AND KEEP IT FOR FUTURE REFERENCE.
This document must be proactively accepted by you, after careful reading and understanding, only if you agree with its entire content. Please read these terms of service carefully. If you do not agree with the terms, in whole or in part, please do not access the services because you cannot benefit from them.
By clicking the “create account” button, by downloading, installing the application or by accessing or using the services, you agree that you have read, understood, accept and agree and you accept these provisions governing services and you agree to be legally bound by these terms of service.
Once accepted by You, this document will constitute the contract between You and your service provider Thunder Data, setting forth all rights and obligations of the parties, governing the terms under which the “Recycle Champions” game is provided to You and the conditions and requirements for being provided with access to and the ability to use “Recycle Champions” game, your rights as a user of “Recycle Champions” game, the limits of liability of the “Recycle Champions” game provider and all other contractual provisions applicable to the legal relationship between you and the service provider. Any supplementary legal rules that may supplement the contract are expressly excluded. In using or as a result of your use of “Recycle Champions” game you may not acquire any rights that are not expressly provided for herein. The interpretation of any unclear clause, should it become necessary at a given point in time, will be made in favour of the “Recycle Champions” game provider.
Thunder Data, reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service or on at recyclechampions.com. Your continued use of the Service following the posting of such changes constitutes Your acceptance of the revised Terms which will be fully enforceable from the date of their posting and will regulate the terms of service provision to you, your obligations and the limits of the provider’s liability, replacing the old terms of provision.
If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Service. You agree that Thunder Data may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to You and without liability.
I. GENERAL TERMS
1. Introduction
These Terms And Conditions, shall govern your use of “Recycle Champions” game regardless of the platform or medium in which it is accessible including all parts and pages of “Recycle Champions” game.
You must take your time and carefully read these Terms before using the services provided by “Recycle Champions” game, so that you are fully aware of your rights and obligations. Keep in mind that by using these services (even only by completing the sign-up process), you both actively agree with these Terms of services and enter into contractual relations with “Recycle Champions” game provider.
These Terms apply in full force and effect to your use of this services provided by “Recycle Champions” game. By using “Recycle Champions” game, you expressly accept all Terms And Conditions contained herein in full.
You must not use the “Recycle Champions” Game, if you have any objection to any of these Terms And Conditions.
2. You must not use the "Recycle Champions" Game, if you have any objection to any of these Terms And Conditions.
“Recycle Champions” game is provided to you by THUNDER DATA S.R.L.
3. Services provided
“Recycle Champions” game aims to help reduce pollution, educate and raise awareness of the importance of separate collection of waste. It is an enjoyable way in which the time spent having fun will benefit the environment by giving you new knowledge and especially the automatisms necessary for us, waste producers, to be more responsible, to pre-collect waste selectively and thus contribute to environmental conservation. Not only will you have a great time but you will train to become a true champion of recycling, a more environmentally responsible person.
“Recycle Champions” is a game that, as a result of your in-game interaction and behaviour and your chosen decisions, allows you, based on game mechanics and dynamics, to earn game points and may also result in the loss of some of the game points that you intend to collect and accumulate and you have at any given time.
Game points earned as the game progresses will be accumulated in your account. Depending on certain factors in the game, you may lose some or all of the game points you currently hold.
The provider of “Recycle Champions” will try to periodically organize some competitions in which the best ranked players will be rewarded for the points accumulated based on partnerships with third party game partners. Such campaigns will be announced periodically, with the prizes and their number as well as the specific conditions for awarding the prizes being announced.
“Recycle Champions” game is provided to you for entertainment purposes. Regardless of the regular prizes offered, the “Recycle Champions” game remains and should be seen by you as a means of entertainment and not as a way of winning. Rewards for accumulated game points, which you may eventually earn, should only be considered by you as a means that can contribute to a superior gaming experience.
“Recycle Champions” game is offered for free and does not oblige you to pay any value to play it. Standard carrier data charges may apply to Your use of the Application. The possibility to obtain rewards is in no way conditioned, either directly or indirectly, by the payment of participation fees.
However, “Recycle Champions” game allows you to make certain in-app purchases for cash or by contributing other items that could be considered valuable. In-app purchases are not a condition of participation in the game nor do they guarantee more game points but are optional mechanisms that can influence the game experience. Any such purchase is only a possibility and not an obligation on your part, it implies a choice on your part manifested by a concrete action of your choosing and you are obliged to manifest such choices only consciously, after weighing this decision and having fully informed yourself what it implies. Do not use “Recycle Champions” game if your decision-making ability is impaired (including as a result of alcohol or other substance use or as a result of medical conditions). Do not make in-app purchases that exceed your entertainment budget.
“Recycle Champions” game also allows you to make certain decisions regarding the game points you have in your account at a certain point in the game. This can influence the subsequent evolution in the game and the outcome of the game so these decisions must be taken by you consciously and responsibly.
Like any human activity, using “Recycle Champions” game takes time. You are solely responsible for the time you spend using “Recycle Champions” game and you may at any time stop using “Recycle Champions” game temporarily or permanently. We encourage you to use “Recycle Champions” game only to the extent that you are reasonably and consciously willing and able to devote your free time to entertainment activities. Do not let yourself be distracted from your professional or family activities, remember it is only individual entertainment that involves time that you do not share with other people.
4. Who can play "Recycle Champions" Game. Eligibility.
Any person who is assigned to the e-mail address, Facebook or Google account associated with Your “Recycle Champions” Account may play “Recycle Champions” Game provided that they have fully and unconditionally accepted the Terms of Service, Personal Data Policy, Cookie Policy and the rest of the provisions applicable to the Service. Even if anyone can have access to the game”, it is not excluded that some temporary or permanent competition or reward campaigns allow the collection of prizes only for certain categories of people (e.g. only a minimum age or residence in a certain country or region, etc.). Please consider and consult the specific conditions of each campaign or contest if you hope to collect a prize or reward as you may not meet the conditions for the award of this prize or reward.
At our sole discretion, we may require proof that You meet this condition in connection with Your use of the Service. Failure to comply with this condition will result in the closing of Your Account and the loss of all gaming points accumulated playing “Recycle Champions” game.
However, those persons who are prohibited by their national law from using the “Recycle Champions” Game should not play the “Recycle Champions” Game. It is your full and sole responsibility to ensure that the laws applicable to you do not prohibit you from using the “Recycle Champions” game. It is also your full and sole responsibility and liability to ensure that you act in accordance with the tax regulations applicable to you when the rewards won by you would be subject to tax.
However in-app purchases are only available to persons who have the requisite legal capacity to purchase such services. When you intend to make such purchases you will be required to declare that you have the necessary capacity to make such a purchase and by so declaring you assume full responsibility for the purchase without the right to a subsequent refund of the amounts used for the purchase made.
In order to be eligible for rewards it is mandatory that you, at the time you intend to receive the reward, as a condition, unconditionally accept the terms of service of the “Recycle Champions” game partner provider, which is granting the reward based on the partnership with “Recycle Champions” Game.
5. Third-Party
Platforms and channels through which the “Recycle Champions” game is provided, the resources required to access the “Recycle Champions” Game, the possibilities to obtain rewards against accumulated game points, the possibility to make in-game purchases, require the services of third parties.
These third parties provide direct services only to the “Recycle Champions” Game provider, you do not enter into a direct contractual relationship with them directly by accepting these terms and conditions or by accessing “Recycle Champions” Game and you have no direct action in relation to these third parties under contract with the “Recycle Champions” Game provider. You can only have a direct contractual relationship with these third parties on the basis of a direct contractual relationship with them, by accepting the terms and conditions of that service and when is necessary, creating a customer account under the conditions practised by that provider.
You agree and acknowledge, as condition of participating in the Service, that Facebook, Instagram, Twitter, Google (Alphabet, Inc.), Apple (Apple, Inc.), and other third party does not sponsor, endorse, administer, and is in no way associated with, the Service. All questions regarding the Service must be directed to Thunder Data, not third parties. You also agree that as a condition of participating in the Service you shall release the above listed third parties from any and all liability arising out of your participation in said Service.
6. Privacy
Thunder Data will only use any personal information that You provide in connection with Your use of the Service in accordance with the terms of our privacy policy (“Privacy Policy”) available within the Application and on the Site here. By accessing or using the Service, You consent to the collection, use and storage of Your information as outlined in the Privacy Policy. Questions regarding privacy issues should be directed to our customer service department at support@thunderpubl.com.
7. Service use and Account Information
To use the Service You have to have a device that is compatible with the Application. You may only play on one device at a time.
You may use the Application anonymously, but in order to access and use the rest of the Service (including, but not limited to prizes or rewards), and to post any User Content, You must create an account with “Recycle Champions”.
You may not have multiple accounts, even if you have multiple devices.
You agree and assume responsibility for submitting accurate and complete information for your “Recycle Champions” Game account and to keep all of your “Recycle Champions” Game account information up to date, including your email address.
Any personal information You provide to us, which may include Your name, birth date and email address, will be held and used in accordance with “Recycle Champions” Privacy Policy. You agree that You will supply accurate and complete information to us, and that You will update that information promptly after it changes.
By creating an Account with “Recycle Champions”, You agree to the following rules to protect the security of Your Account:
- You shall not share “Recycle Champions” Account login details (included login details of your Facebook or Google account), nor let anyone else access Your “Recycle Champions” Account (including your Facebook or Google account to the extent those are linked with your “Recycle Champions” Account) or do anything else that might jeopardize the security of Your “Recycle Champions” Account (or your Facebook or Google account to the extent those are linked to your “Recycle Champions” Account). Thunder Data will not ask You to reveal Your Facebook, Google, or e-mail password and will not initiate contact with You asking for answers to Your Facebook or Google password security questions;
- In the event You become aware of, or reasonably suspect, any breach of security, including, without limitation any loss, theft, or unauthorized use of Your “Recycle Champions” Account, Facebook account, or Google account, or any email/password combination used by your “Recycle Champions” Account, you will immediately notify “Recycle Champions” and modify Your Facebook or Google login, to the extent they are linked to your “Recycle Champions” Account;
- You are solely responsible for maintaining the confidentiality of Your “Recycle Champions” Account;
- You are responsible for anything that happens on your “Recycle Champions” Account, whether or not such actions were taken by You. You therefore acknowledge that Thunder Data may suspend Your access to or terminate Your use of the Service if someone else uses it to engage in any activity that violates these Terms;
- You undertake to monitor Your “Recycle Champions” Account to restrict use by non eligible persons, and You will deny access of anyone who is not eligible.
If you decide to use the Service, Thunder Data hereby grants You a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application
Use of the Service shall be solely for Your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. The foregoing license grant is not a sale of the Application or any copy thereof, and Thunder Data and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application).
Thunder Data can can unilaterally revoke this license at any time and with or without any reason.
You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application.
You acknowledge that Thunder Data may but is not obliged, from time to time, issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that You are using. You consent to such automatic upgrading on Your device, and agree that the terms and conditions of these Terms will apply to all such upgrades.
If you do not use your “Recycle Champions” Game account at least once every 45 days, your account will be considered inactive. You can, at any time, reactivate your “Recycle Champions” Game Account by playing “Recycle Champions” Game. When an Account has been deemed inactive, Thunder Data may, at its sole discretion, cancel the Game Points accumulated by You. YOU AGREE THAT THUNDER DATA AND ITS PARTNERS AND AFFILIATES SHALL HAVE NO LIABILITY FOR, AND SHALL BE HELD HARMLESS FROM, ANY LOSS OR DAMAGE OF ANY KIND CAUSED TO PERSONS (INCLUDING YOU) OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR INABILITY TO USE THE SERVICE OR YOUR FAILURE TO COMPLY WITH THE RULES REGARDING YOUR ACCOUNTS.
8. Termination
Thunder Data may terminate or suspend Your Account, without prior notice or request for cure and/or Your access to the Service (including, but not limited to, restricting Your ability to use the Applications) at any time, including for violation of these Terms, registering with temporary or disposable email services, registering with invalid emails, registering with private domains, using VPNs, playing a game on multiple devices simultaneously. Upon such termination, Your access to the Service, including Your User Account and Game Points, will be disabled and You will forfeit all Game Points You have earned. You may cancel your Account at any time by discontinuing your use of the Service and/or Applications. Thunder Data is in no way liable to You for the effects of any termination or cancellation.
II. GAME POINTS
9. Game points
You can accumulate points in “Recycle Champions” Game by performing certain actions while using the Services. Your use of the “Recycle Champions” Game may lead to the accumulation of game points which are virtual, have no commercial value in themselves and are intended to reflect the evolution of your activity in the game.
These game points have no monetary value.
In the event that Thunder Data encounters problems with the game that impact the accumulation of game points, Thunder Data reserves the right to correct such errors. Game Points received by You will also be forfeited if there is a suspicion that they have been awarded as a result of errors, as a result of fraud, or as a result of player conduct that contravenes the Terms of Service.
You are not entitled to transfer game points, either inside or outside the Application, to another person whether it is a sale, gift, exchange or any other basis for the transfer. Any such transfer or attempted transfer is void and will result in the cancellation of the game points accumulated by you and possibly the closure of your “Recycle Champions” Game account.
You acknowledge and agree that Thunder Data shall have no liability for loss of game points due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity.
10. Conversion of accumulated game points in "Recycle Champions" Game
Periodically the application provider will organize some temporary contests in which a part of the players, depending on the ranking or other criteria, will be rewarded or awarded. Such campaigns will be subject to the specific rules of the campaign and at the end of the campaign the game points accumulated in the session related to the campaign will be cancelled.
The awarding of prizes or rewards must be validated by Thunder Data, and Thunder Data may, in its sole discretion, for any reason, not validate such conversion if there is any suspicion as to how you earned Game Points.
Thunder Data strives to enter into partnerships with third party partners in order to ensure a greater number and variety of prizes. The organization of contests, prizes or rewards awarded on such occasions, remains at the discretion of the application provider and will be within the limits set by the partnerships.
Thunder Data is not responsible for reporting or paying any fees that may be applicable or processing fees in respect of prizes or rewards collected by you in exchange for game points. You are responsible for and agree to promptly report and pay all fees, including applicable taxes and processing fees in respect of any prizes or rewards obtained by You in exchange for “Recycle Champions” Game Points.
III. GENERAL RULES OF CONDUCT AND USE
11. You represent and warrant that you have the full right and authority to use the Service and that you are bound by these Terms. You agree that you will comply fully with all laws and regulations and the Terms herein. You agree that you will not defraud or attempt to defraud Thunder Data or other users and that you will not act in bad faith in using the Service. If Thunder Data reasonably suspects that you are acting in bad faith in violation of these Terms, Thunder Data may, in its sole discretion, make adjustments to the number of Game Points associated with your account, terminate your account and/or prohibit you from using the Service. By using the Service you expressly agree that you will not:
- Download the App, create an Account or access or use any part of the Service unless you meet the eligibility requirements;
- Create false persona, multiple identities, multiple Accounts, set up an Account in the name of someone other than You or otherwise attempt to cancel or circumvent any limits or restrictions of the Service, Game Points or conversion opportunities as set by Thunder Data and/or any Rewards Partner;
- Engage in activities that are intended to defraud Reward Partners or Thunder Data;
- Play a game on multiple devices simultaneously;
- Use the Service for the benefit of a third party or in a manner not permitted by these Terms;
- Access, manipulate or use non-public areas of the Service, Thunder Data computer systems or the computer systems of our suppliers and partners;
- Attempt to probe, scan or test the vulnerability of any Thunder Data system or network or breach any security or authentication measures;
- Avoid, circumvent, remove, disable, impair, decrypt or otherwise circumvent any technological measures implemented by Thunder Data or any of our suppliers or any other third party (including another user) to protect the Service or any part thereof;
- Obtaining or attempting to obtain passwords or other private information from other users of the Service, including, but not limited to, personally identifiable information or financial information;
- Develop, distribute, use or inform other members about cheats, automation software, bots, hacks, mods or any other unauthorised software or applications;
- Exploit, distribute or inform publicly or privately other users of the Service of any possible game bug or bug that gives users an unintended or unwarranted advantage;
- Transfer or attempt to transfer, in any manner and for any reason, your Account or the Game Points associated with your Account;
- Engage in any fraudulent activity related to in prizes or rewards;
- Modify, translate, adapt, merge, reverse engineer, disassemble, decompile or reverse engineer any part of the Service for any reason, including for the purpose of creating competitive products or services;
- Access or use the Service to create a similar or competing product or service;
- Remove or destroy any copyright notices or other proprietary markings contained in the Service;
- Use the Service to upload or distribute any (or any links to) computer viruses, worms, malicious code or any software designed to damage or alter a computer system or data;
- Use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, adversely affect the operation of, or otherwise abuse this Service or any other services, system resources, accounts, servers, networks, sites affiliated with or connected to or accessible through this Service;
- Attempt to gain unauthorized access to the Service or other computer systems or networks connected to the Service by password mining or any other means;
- Use the Service to retrieve, collect or otherwise store any information for purposes other than those designed and implemented by Thunder Data;
- Infringe in any way the intellectual property rights in the Service or Application;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decrypt any transmissions to or from the servers for the Service;
12. Intellectual Property Ownership
The Service and all its content are protected by copyright and trademark laws. Thunder Data owns the necessary licenses to operate the Service and to use the “Recycle Champions” Game trademark and you agree to respect and not infringe these rights.
13. Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by Thunder Data. You acknowledge and agree that Thunder Data is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Thunder Data does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by Thunder Data of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
14. Updates to the Site and Service; Maintenance
You acknowledge and agree that Thunder Data may update the Service with or without notifying You. Thunder Data may require that You accept updates to the Service and You may also need to update third party software from time to time in order to receive the Service. Thunder Data conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to Thunder Data when the problem is encountered by emailing us at support@thunderpubl.com.
IV. LIMITATION OD LIABILITY
15. Disclaimer
THE SERVICES (INCLUDING THE APPLICATIONS) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. THUNDER DATA, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “Thunder Data PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE THUNDER DATA PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
THE THUNDER DATA PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR GOODS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR GOOD OBTAINED THROUGH SERVICE.
16. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APP, REMAINS WITH YOU.
NEITHER THUNDER DATA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE OR ANY PART OF THE SERVICE SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF DATA REGARDLESS OF WHETHER SUCH DAMAGES ARISE FROM BREACH OF WARRANTY, BREACH OF CONTRACT (INCLUDING NEGLIGENCE), PRODUCT WARRANTY, AND REGARDLESS OF WHETHER THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER THUNDER DATA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE OR ANY PART OF THE SERVICE SHALL BE LIABLE FOR ANY INTERRUPTION OF SERVICE, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS OR ENCOUNTERS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF USING THE SERVICE.
IN THE EVENT THAT FOR ANY REASON, EVEN WHEN THE EXCLUSION OF LIABILITY AS PROVIDED FOR ABOVE IS CONSIDERED NOT TO APPLY, THUNDER DATA SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED OR THE INABILITY TO USE THE SERVICES, ANY PART THEREOF, INCLUDING THE OBTAINING OF ANY REWARD TO WHICH THE USER WOULD BE REQUESTED, THUNDER DATA’S OR ANY EMPLOYEE’S OR PARTNER’S REWARDS LIABILITY IS LIMITED TO 10 (TEN) EURO.
THE LIMITATION ON REIMBURSEMENT OF THE ABOVE LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THUNDER DATA AND YOU. IF YOU DO NOT ACCEPT THE LIMITATION OF LIABILITY CLAUSES OR ANY OTHER ELEMENTS OF THE TERMS OF SERVICE WE REQUEST THAT YOU DO NOT USE THE SERVICES. IRREVOCABLE ACCEPTANCE OF ALL TERMS OF SERVICE INCLUDING THESE EXCLUSION OR LIMITATION OF SERVICE CLAUSES.
V. AMENDMENTS AND TERMINATION
17. We may, at any time, without notice or liability, and for any reason, modify, suspend or terminate the provision of the service to you, including: (i) changing the availability of, restricting access to, or imposing limits on any or all of the features or services on this Service or links to this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges that result from the use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but we have no obligation to do so.
In the event of any changes to the terms of the Service or its features, your sole remedy, if you do not agree to the changes, is to discontinue using the Service
VI. ADDITIONAL MOBILE APPLICATION TERMS
18. The following additional terms and conditions apply with respect to any application that Thunder Data provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and Thunder Data only, and not with Apple, Inc. (“Apple”).
- Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
- Thunder Data, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
- You agree that Thunder Data, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that Thunder Data, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
19. The following additional terms and conditions apply with respect to any application that Thunder Data provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and Thunder Data only, and not with Google, Inc. (“Google”).
- Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
- Thunder Data, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
VII. APPLICABLE LAW AND JURISDICTION
20. These Terms and any relationship between you and Thunder Data arising out of or in connection with the use of the Service shall be governed by and construed in accordance with the laws of Romania, which shall apply exclusively in the event of any conflict of laws. Jurisdiction for the resolution of any dispute arising out of or in connection with your use of the Service lies with the courts of Cluj-Napoca, Romania.
VIII. MISCELLANEOUS
21. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Thunder Data and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Thunder Data and You regarding the Service.
22. Assignment of contract
You may not assign or transfer these Terms without Thunder Data’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will have no effect. Thunder Data may assign or transfer these Terms in its sole discretion without restriction. You expressly accept in advance the assignment that Thunder Data may make to another economic operator of the right to provide “Recycle Champions” game, in which case your contract will also be assigned to this other operator.
23. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Thunder Data (i) via email (in each case to the address that You provided) or (ii) by posting to the Service via this Site. Any notices or other communications permitted or required hereunder by You, shall be in writing and addressed to Thunder Data Legal Department, Cluj-Napoca, 125 Septimiu Albini Street, Cluj county, Romania. Any notices that You provide without compliance with this section shall have no legal effect.
24. Renunciation and Severability
The failure of Thunder Data to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. A waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Thunder Data. Except as expressly provided in these Terms, the failure of either party to exercise any right to which it is entitled at any particular time shall not constitute a tacit acceptance or waiver of that right.
If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the other provisions of these Terms shall remain in full force and effect.
25. General Health Notice
WARNINGS: READ BEFORE PLAYING OR WATCHING
A very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear in video games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games.
These seizures may have a variety of symptoms, including light-headedness, altered vision, eyes or face twitching, jerking or shaking of arms or legs, disorientation, confusion or momentary loss of awareness.
Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.
Immediately stop playing and consult a doctor if you experience any of these symptoms. The risk of photosensitive epileptic seizures may be reduced by taking the following precautions: sit farther from the screen, use a smaller screen, play in a well-lit room, do not play when you are drowsy or fatigued.
If you or any of your relatives have a history of seizures or epilepsy, or if you think for any other reason that you might possibly suffer from such or a similar condition, consult a doctor before playing.