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Terms and Conditions

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# Project   |   Wings of The Universe (WoTU)                                  #
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# Topic     |   Terms and Conditions                                          #
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# date of change | file    | change description                               #
#   DD/MM/YYYY   | version |                                                  #
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#   29/04/2022   | 1.0     | Initial version                                  #
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#   20/06/2022   | 1.1     | Project owner address change                     #
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#   Start line  |   Section                                                   #
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#   45          |   General Terms                                             #
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#   59          |   General Conditions of Use                                 #
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#   97          |   User Generated Content                                    #
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#   144         |   WoTU access and Code of Conduct                           #
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#   162         |   Registration                                              #
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#   170         |   Login credentials                                         #
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#   194         |   Website                                                   #
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#   261         |   Limitation of liability                                   #
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#   291         |   Termination                                               #
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#   309         |   Data protection and confidentiality                       #
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#   318         |   General                                                   #
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#   General Terms                                               |
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    Welcome to Wings of The Universe (the "WoTU", "Project", "We", "Us", "Our",
"Game") which is a personal project of indie developer Lukas Tokar (the "I",
"Me", "Project Owner"), living in Oxford, UK.

    The "Website" and "WoTU" includes WoTU website
https://www.wingsoftheuniverse.com/ and all sub-pages of this website.

    In these terms and conditions of use (the "Terms of Use"), the "Player",
"User", "You" and "Your" refers to the person who uses and plays WoTU.

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#   General Conditions of Use                                   |
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    1.  By accessing, using and playing WoTU, You agree to be bound by these
        Terms of Use. Please read these Terms of Use carefully.
    2.  If You do not accept all of the terms and conditions set out herein, do
        not use WoTU.
    3.  Applicable legislation in Your jurisdiction may require You to be of a
        certain age to enter into legally binding agreements such as these
        Terms of Use. If You are under the required age, You are neither
        authorized to consult the WoTU nor use the WoTU Services, unless
        Your parent or legal guardian has read and accepted these Terms of Use.
    4.  We may at any time amend any part of these Terms of Use by adding or
        removing content. We will notify You of the proposed amendments by
        publishing an amended version of these Terms of Use including the date
        of update. We will include a link to the previous version of the Terms
        of Use under the date of update.
    5.  The amendments will be effective 30 days after the date on which the
        amended version is published. Prior to that date, the previous version
        of the Terms of Use will continue to apply.
    6.  If You do not agree with the amendments, You may terminate these terms
        by ceasing to visit the WoTU and to use the WoTU Services at any time
        within 30 days. If the amendments increase Your obligations under these
        Terms of Use, or reduce Our obligations under these Terms of Use, You
        may terminate these terms during the 30-day notice period and also
        within 30 days of the amendments coming into force. There is no cost or
        penalty associated with terminating these Terms of Use as a result of an
        amendment. If You do not stop visiting the WoTU and using the WoTU
        Services during the applicable cancellation period, then by Your
        continued use of the WoTU and/or WoTU Services, You will be deemed to
        have accepted the proposed amendments.
    7.  We may amend or delete any content provided on the WoTU and restrict
        access to any part of the WoTU at any time, at Our sole discretion and
        without notice. We reserve the right, at Our sole discretion, to take
        necessary technological, maintenance or security measures that may
        affect the accessibility of the WoTU, including shutting down the WoTU.

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#   User Generated Content (the "UGC")                          |
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    1.  Use of WoTU by Users may result in the creation of User-generated
        content (the “UGC”), for example, avatars or images created from game
        screenshots.
    2.  The UGC includes the User’s account avatars, and any other unique
        nicknames, handles, forum posts, chat messages, exchanges with customer
        service, communications, images, sounds, videos, suggestions, ideas,
        notes, comments, game knowledge or concepts, or any other information
        regarding the WoTU Services.
    3.  By creating the UGC, You grant WoTU, its licensors and licensees a
        non-exclusive, royalty-free, worldwide, transferable, and possibly
        sub-licensable licence, for the term of protection of intellectual
        property that may exist on Your UGC, to use, reproduce, modify, adapt,
        perform, display, distribute and otherwise exploit and/or delete the UGC
        (or any part thereof) in any manner WoTU deems appropriate. In addition,
        You grant a personal, non-transferable licence to all Users of the WoTU
        Services for use of the UGC when using the WoTU Services, including all
        rights to reproduce, distribute, display, execute or otherwise license
        the UGC on a worldwide basis and for their term of protection.
    4.  You also waive any moral rights that may apply to Your UGC. For all
        countries that do not allow the waiver of moral rights, You consent to
        the use of Your UGC on the WoTU or in connection with the WoTU Services,
        and agree that such use (or any other related or ancillary use) does not
        constitute a violation of Your moral rights.
    5.  By creating UGC, You are stating that the UGC is not otherwise protected
        by copyright, moral rights, trademarks or other intellectual property
        rights, unless You are the owner of such rights or have a transferable
        licence to such rights. In all cases, You declare that You are entitled
        to generate such UGC without infringing the rights of a third party.
    6.  You acknowledge that You must not generate prohibited content (“PC”).
        PC includes any UGC that violates the Code of Conduct and includes, but
        is not limited to, the following: nudity, hate speech, self-harm,
        dangerous organizations, bullying and harassment, sexual exploitation
        and violence, criminal activity, violence and discussions about
        real-world politics or real-world religions.
    7.  WoTU reserves the exclusive and final right to review, delete, block,
        modify, move or disable UGC for any reason whatsoever.
    8.  If WoTU determines that UGC violates the provisions of these Terms of
        Use, WoTU may take steps to suspend or close a User’s account or
        otherwise restrict a User from using the WoTU Services and/or associated
        User account, including access to WoTU.
    9.  You agree to report any Generated Content that You believe to be in
        violation of the provisions of these General Terms and Conditions.

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    1.  If You do not comply with all of the Terms of Use, We may terminate said
        Terms of Use and Your authorization to use WoTU will be revoked
        automatically and immediately. In the event of termination, You must
        stop using the WoTU immediately.
    2.  By using the WoTU, You also expressly accept and agree to follow Our
        Code of Conduct for Users. The Code of Conduct for Users can be found in
        the README directory of WoTU software in file named: Code_of_Conduct.txt
    3.  If You do not comply with the Code of Conduct for Users, We may
        terminate these Terms of Use and Your authorization to use WoTU will be
        revoked automatically and immediately. In the event of termination, You
        must stop using the WoTU immediately.
    4.  You agree to comply with all reasonable instructions that We may give
        You regarding Your use of the WoTU.

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    1.  Most WoTU features will only work if You create an user account with Us.
    2.  You register by submitting a sign-up form with your personal
        information: login name, display name and email address.

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    1.  Login credentials (login name and password) are personal and
        confidential.They can only be modified at the User's request.
    2.  The User is solely responsible for the use of the credentials and will
        endeavour to keep them secret and not disclose them to anyone, in any
        form and for any reason whatsoever.
    3.  The User will be entirely responsible for the use of their credentials
        by third parties, or for any actions or statements made through their
        personal account, whether authorized or not, and will compensate WoTU
        for all claims in this regard.
    4.  In addition, given that WoTU has no obligation and no technical means to
        verify the identity of persons registering on WoTU, We are not
        responsible for persons posing as a User. If the User has reason to
        believe that someone has fraudulently used their credentials or account,
        they must inform WoTU immediately.
    5.  In the event that the User is informed of access to another User’s
        account, the User must immediately advise WoTU using the WoTU’s support.
    6.  No WoTU employee or Game moderator / admin will ever ask You for your
        password. If You ever get a request to reveal Your password, report the
        person immediately to WoTU via Website.

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#   Website                                                     |
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    1.  Our Website may contain links to other websites owned by Us and/or
        links to third party websites that are not under Our control. We make no
        warranties or representations of any kind about any other website that
        You may access through this Website or any services provided by such
        third party websites. Third party websites are not approved, controlled,
        verified or endorsed by Us, and You agree that We are not responsible
        for the content, accuracy, compliance with applicable laws or
        accessibility of any information, data, advice or statements, or the
        quality of any products or services available on such websites. Links do
        not necessarily imply that We are, or that Our Website is, affiliated or
        associated with such third party websites.
    2.  If You decide to visit any other website, You do so at Your own risk. In
        addition, the use of any other website may be subject to Your acceptance
        of other terms and conditions of use, which We suggest You read
        carefully before proceeding.
    3.  The Website allows Users to place orders on the Website or third party
        websites to purchase services, such as a subscription to the Game, or
        other types of services that WoTU may offer.
    4.  Any order, purchase or other transaction is subject to the applicable
        terms and conditions, including the terms and conditions of any payment
        processor or authorized third party reseller of WoTU. Said terms and
        conditions apply in addition to these Terms.
    5.  The intellectual property rights of the Website, and all content,
        materials and information contained in or appearing on the Website, are
        the property of WoTU and will remain Our property or that of Our
        licensors.
    6.  You may view, download and print any content, materials and information
        made available to You on the Website subject to the following terms and
        conditions:
            a)  The Website and Website Services may only be used for personal,
                non-commercial purposes (unless WoTU has given its prior consent
                for other uses);
            b)  Unless We expressly give Our prior written consent, the Website,
                content, materials and information may not be reproduced or
                included in any other work or publication in any medium, except
                in the case of content that is clearly intended to be shared,
                such as advertising information, press releases, social media
                content, etc.;
            c)  Except in situations expressly limited by law, neither the
                Website nor Website Services may be modified, decompiled,
                disassembled, altered in any way or reverse engineered in any
                way;
            d)  Unless We expressly give Our prior written consent, the content,
                materials and information may not be sold to a third party or
                otherwise marketed;
            e)  You may not delete any copyright or other proprietary notices
                included on the Website.
    7.  If You wish to provide Us with comments regarding Your gaming experience
        or share Your experience with the Website or the Game, You agree that by
        submitting Your comments or suggestions, You agree to grant WoTU a
        non-exclusive, royalty-free, worldwide, transferable licence to any
        right, title or interest You may hold for Your comments and suggestions
        for their entire term of protection. You also waive any moral rights
        that may apply. For all countries that do not allow the waiver of moral
        rights, You consent to the use of Your suggestions or comments in the
        Game or in the advertising and promotion of the Game, and agree that
        such use (or any other related or ancillary use) does not constitute a
        violation of Your moral rights.
    8.  If You have any concerns or questions about any content that appears on
        Our Website (including if You believe that any content posted on the
        Website has violated Your intellectual property rights), please contact
        Us using the WoTU support.

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    1.  To the maximum extent permitted by applicable laws, You agree that We
        are not responsible for:
            a)  Any indirect losses, claims or damage, or any punitive,
                special, incidental or consequential damage of any kind
                (including, but not limited to, loss of savings, loss or
                corruption of data);
            b)  Any loss of profit (direct or indirect), in each case, whether
                or not it arises from a breach of contract or tort liability
                (including negligence) or strict liability, or is related to:
                    1)  any use of the Website or its content that has been
                        introduced to it or associated with it;
                    2)  any failure or delay in the use of any component of the
                        Website or any service, including, but not limited to,
                        any unavailability of the Website or the services,
                        regardless of the length of the period of
                        unavailability;
                    3)  any use of, or reliance on, any information, materials,
                        software, products, services and related graphics
                        obtained through the Website, even if We have been
                        advised of the possibility of such loss or damage;
            c)  Any health issue that may be caused by a general use of computer
                or by playing the WoTU Game.
    2.  You agree to compensate Us for any claims or lawsuits that may arise
        from Your use of the Website or the Game or any violation of these Terms
        of Use by You, including a breach of the Code of Conduct.

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#   Termination                                                 |
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    1.  We may shut down the Website or the Game or terminate Your WoTU
        registration at any time, at Our sole discretion and for any reason
        whatsoever. You will be informed of these decisions within a reasonable
        time.
    2.  You have the right to terminate Your WoTU registration at any time by
        raising an account removal request. However, You should know that if You
        close Your user account, You will lose the ability to log in to the
        Game. You will also lose access to any digital items or services
        associated with Your account, without the right to a refund or exchange.
    3.  Termination of Your registration, regardless of the cause, will not
        affect the rights and obligations accrued by You or Us at the time of
        such termination, except with respect to Your access to the Game and the
        other consequences described in the previous article.

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    We will only use the personal information that We may collect about You in
    accordance with Our Privacy Policy. By accepting these Terms of Use and by
    using the Website, You also expressly accept and agree to Our Privacy
    Policy.

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    1.  Any failure or delay on Our part to assert Our rights under these Terms
        of Use will not be deemed to be a waiver of such rights or any other
        rights unless We acknowledge and agree to such a waiver in writing.
    2.  These Terms of Use set out all of Our obligations and responsibilities
        regarding the Website and the Game, and supersede any prior agreements
        that may exist between Us and You.
    3.  These Terms of Use and the Privacy Policy are governed by the laws and
        statutes of the Czech Republic. Any dispute in connection with these
        Terms of Use, the Game or the Website must be submitted to the exclusive
        jurisdiction of the courts in the Czech Republic.