YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 3.2 BELOW.
Thank you for visiting our Site. These terms and conditions (” Terms “) apply whenever you use the online store website, any Game-specific site or any other online or mobile service (each, the ” Site “) owned or controlled and operated from time to time by or for Angry Cat Ltd. (” Angry Cat “, ” we “, ” us ” or ” our “).
1 USE OF THE SERVICES
We ask parents and guardians of children under the age of 18 (minors) to pay special attention to the online activities of their children and to read the Site Terms carefully. In particular, parents and guardians should specifically make children under their care aware of the rules on User conduct and acceptable use under section 1.6 of these Terms and important reminders contained in the Site Terms.
We ask parents or guardians to supervise their children’s use of the Site and Services. Neither the Site nor any Service is directed to children under the age of 13, and we shall not knowingly collect personally identifiable information from anyone under 13. No information should be submitted or posted to or on the Site by anyone under the age of 13. In such circumstances, where such children are nevertheless permitted to participate in a Service, we may require written permission to be given by a parent or guardian in accordance with such procedures as may be stipulated by us from time to time on the Site as a condition to such children’s ability to use any Service on the Site.
Where applicable, all our Games carry a voluntary or mandatory age-rating identified on the packaging or online information for the relevant Game. You should not allow players under the minimum age requirement specified in the applicable age-rating for the Game in your jurisdiction to play the Game.
1.2 Service definitions
In these Terms (in addition to the definitions given above):
” Account ” means any account for which a User has registered in order to access the Account Service if there is any;
” Account Service ” means, collectively, the Services that are only available to Registered Users;
” Content ” means any and all content accessible on or via the Site (including text, software, applications, video, films, music, sound, audio files, get-up, graphics, icons, designs, pictures, photographs, illustrations, artwork, names, brands, logos, trade marks, data, statistics, information, messages, articles, blogs, notes, communications, ideas, advertisements, listings, links, compilations and other material, as well as their selection and arrangement);
” Game ” means any version of an interactive computer game developed or published by, for or under licence from Angry Cat for replay on any console, device or system from time to time;
” Member ” means any User who has agreed to the Site Terms, applied to use the Member Service and had their nickname confirmed, and ” Membership ” shall be understood accordingly;
” Member Service ” means our member site located at http://angrycatstudios.com/ if there is any;
” Products ” means any Games, soundtracks, merchandise, event tickets and/or other products or services made available for purchase from time to time via the Site (whether in physical or electronic form);
” Store ” means the Angry Cat Online Store or (as relevant) the sales section of any of our other online or mobile services (including, for example, any Game-specific site; if there is any); and
” User ” means any user of the Site.
In these Terms, any reference to ” including “, ” other “, ” for example ” or any similar words is without limitation, and any reference to “ writing ” or “ written ” includes (if successfully transmitted) email.
1.3 Use of the Services
The Site and its Services are provided and operated by or for Angry Cat Ltd, a company registered in Hungary (company number Cg.13-09-167580 and EU VAT number HU24796550), whose registered office is at H-2370 Dabas, Szintes utca 2/D II/8, Hungary. The company’s telephone number is +36 30 575 9636. The Site’s director of publication is Csaba Bak. Our web hosting provider is 3in1 Hosting Bt. (address H-2310 Szigetszentmiklós, Forrás u. 12. III/11, Hungary; telephone: +36 21 200 0040).
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or modify any Service that we provide on the Site with or without notice. At our sole discretion we may notify you at your email address as supplied to us.
We do not guarantee that the Site or any Service will be available at any particular time or for any period of time.
From time to time, we may restrict access to certain Services to Users who have registered with us.
When using the Site, you must at all times comply with the Site Terms.
You are responsible for making all arrangements necessary for you to have access to the Site and for all connection and other charges incurred in visiting and accessing the Site and the Services. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Site Terms, and that they comply with them.
1.4 Membership and Accounts
1.4.1 Registration. To access and use certain Services via the Site, you will need to register as a Member or as a Registered User. For example, you will need to register as a Member to buy Products from the Store. More than one registration may be necessary to access different Services offered via the Site. An Account allows you to create and maintain a personal profile and to participate in certain activities on the Site. Additional terms and conditions may apply from time to time in relation to certain Services via the Site.
1.4.2 Registering as a Member. To register as a Member, you will need to follow the registration procedure.
1.4.4 Usernames. When registering as a Member or as a Registered User you must select a unique username (known as a “nickname” where registering as a Member) and password and provide certain other requested information. You agree that you will: (a) provide accurate, current and complete information about you whenever prompted or permitted by any Site registration process (” Personal Data “); and (b) maintain and promptly update your Personal Data and keep your Personal Data accurate, current and complete.
We recommend that you choose a username which does not identify your real name. Moreover, we strongly urge you not to choose a username which could possibly be used to identify you or your real name, age, date of birth, address, post code, email address or telephone number.
You must not use your password (or, if a Registered User, your Account ID) as your username.
You cannot use a username which is already allocated to another Member or Registered User, and it is a condition of your rights to use the Services that you do not choose a username which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. However, while any registration process that we may adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. We therefore reserve the right to terminate your Membership or Account and to require you to re-register with a new acceptable username at a future date if, in our discretion, we consider that your username (or its use) is offensive or otherwise breaches the Site Terms in any way.
For the sake of clarity, your username does not constitute your property and gives you no unique right to use such username. If for any reason your Membership or Account is terminated, we may issue the same username to a subsequent registered User.
1.4.5 Security. You agree to maintain the security of your username, password and other Personal Data, and not to allow anyone else to use your username or password and not to disclose any of your Personal Data to anyone else. This is as much for your own protection as for our and other Users’ protection. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL USE OF, AND ALL ACTIVITY CARRIED OUT UNDER, YOUR USERNAME AND PASSWORD ON ANY SERVICE (WHETHER BY YOURSELF OR BY A THIRD PARTY WHO HAS BECOME AWARE OF YOUR USERNAME AND PASSWORD THROUGH YOUR DELIBERATE ACT OR NEGLIGENCE).
Any misuse of your registration details should be reported to Angry Cat at firstname.lastname@example.org as soon as you become aware of such misuse.
1.4.6 Registration limitations. Registration does not mean that you can use your Membership or Account for all Services that we may offer via the Site. Separate registration may be required in order to access or use certain Services, each of which may be subject to: (a) eligibility criteria that you may not meet; and (b) acceptance of additional terms, conditions and restrictions, which may or may not be the same as the terms governing your Membership or Account. In particular, access to certain Services may be subject to: (i) a subscription charge or other payment; or (ii) age or other restrictions applicable to the Content as stipulated by us.
1.4.7 Profiles and communications made on the Site. You accept that your personal profile and communications with other Users via any message boards, blogs, forums, chats and any other avenues of communication on the Site are public communications, and that you have no expectation of privacy concerning any such profile and communications or your use of the Member Service, the Account Service or any other Service. You acknowledge that personal information that you choose to communicate publicly via the Site may be seen and used by others and result in unsolicited communications, and so we strongly encourage you not to disclose any personal information about yourself in your public communications via any Service.
Angry Cat is not responsible for information that you choose to communicate to other Users via the Site or any Service, nor are we responsible for the actions of other Users (unless we become responsible for such actions under law). There are, however, some common-sense rules that you should always abide by when using the Services and communicating with others via the Services or when you are on the internet in general. Other Users may not be who they say they are, or who you think they are. Under no circumstances should you post or give out your real name or any other personal details that could identify who you are or where you live. Always be wary of giving out details about what you do, where you go, your place of work/education or your physical attributes.
ABOVE ALL, WE STRONGLY ADVISE YOU AGAINST MEETING ANYONE THAT YOU KNOW ONLY FROM USING A SERVICE.
NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.
You acknowledge that you acquire no right, title or interest in any characters, data, property or other matter which you may acquire, create or develop while using any Service (including any usernames, nicknames, avatars or any in-game chat logs if there is any).
1.4.8 Termination of your Membership or Account. You or we may terminate your Membership or Account at any time and for any reason, and we may at our discretion terminate your Membership or Account without any further formality if we have reason to believe that you have failed to comply with any of the Site Terms. To terminate your Membership or Account, please contact our support service at email@example.com . We shall terminate it as soon as reasonably practical after receiving your termination request. If we terminate your Membership or Account for any breach of the Site Terms on your part, you will not be permitted to re-register as a Member or Registered User without our express permission.
1.5 Proprietary rights
1.5.1 Content. With the sole exception of User Content (as defined below), all copyright, trade marks (registered or unregistered, and including Game titles and other Product names and all associated logos and other device marks associated with such titles and names), database rights and other intellectual property rights in and to the Site and the Content are exclusively owned by Angry Cat, its affiliates or its licensors. All rights are reserved.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means (in whole or in part) without Angry Cat’s prior written permission. Angry Cat grants you a limited licence to access and use the Site and to download or print any page of the Site to which you have properly gained lawful access solely for your personal, non-commercial reference, as long as you keep all copyright or other proprietary notices intact. All rights to use, reproduce, copy and extract any Content not expressly specified in the Site Terms are reserved by Angry Cat absolutely.
Any use of the Site or the Content (other than as specifically authorised in the Site Terms or separately permitted in writing by Angry Cat) is strictly prohibited. Unauthorised use may also violate applicable laws (such as copyright and trade-mark laws) and applicable communications statutes and regulations.
Any licence granted to you under the Site Terms is revocable at any time (and with or without reason), except to the extent that such licence is required by you to use any Product purchased by you via the Site. All moral rights of the respective authors of any Content are hereby asserted.
1.5.2 User Content. In these Terms ” User Content ” means any and all Content (including your avatar, image and likeness) that you (or any other User(s) on your behalf) post, upload, publish, display, transmit, share, store or otherwise make available (collectively, ” post “) on or via the Site or in connection with the use of any Service, or transmit to or share with other Users.
You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. In particular, you must ensure that you have the legal right under all applicable laws to post any User Content on or through the Member Service or the Site or in connection with the use of any Service, or transmit to or share such User Content with other Users. This means you must either be the sole owner of all the intellectual property and other rights in such User Content or have the prior written agreement of any third-party owner of such rights to make use of the User Content in question for the purposes set out in these Terms. You warrant and undertake to us that: (a) you have the absolute unfettered right and title to post any User Content and to grant to us the rights and licences in respect of such User Content specified in the Site Terms; and (b) all User Content shall be lawful and shall comply with our standards (such as acceptable use policies) contained in the Site Terms or otherwise specified on the Site.
We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.
You grant us the worldwide, payment-free and transferable right and licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content via the Site and within the scope of the Services. This grant of rights is for the full legal term of protection of such rights. To the fullest extent permitted by law, you further irrevocably waive, and agree not to assert against Angry Cat or our sub-licensees, any so-called “moral rights” that you may have in any User Content.
Where permitted by you or required by a court or other competent authority or otherwise permitted by law, we shall be entitled to disclose your identity to any third party claiming that any User Content constitutes a violation of such third party’s intellectual property rights, goodwill, reputation and/or right to privacy.
1.6 User conduct and acceptable use
1.6.1 User warranties. You warrant and undertake that no User Content does or will violate or infringe any third-party rights (including copyright, trade marks, rights of privacy or publicity or any other proprietary or personal rights) or contain defamatory or otherwise unlawful material. You accept that you are personally responsible for your use of the Site and for all of your communication and activity on the Site (including any User Content).
1.6.2 Interactive Services. In addition, you understand that we may from time to time provide interactive services to Users of the Site (” Interactive Services “), which may include:
inter-User messaging functionality;
inter-User game challenges; and/or
avatar customisation if there is any of the above metioned.
You accept that we are entitled (but may not be obliged) to review the Site and, without prior notice to you, to delete or remove from the Site any User Content in our reasonable discretion, including User Content that, in our reasonable judgement, violates the Site Terms, or might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.
1.6.3 Moderation. While we reserve the right to moderate the use of any Service, we may not be under any obligation to oversee, monitor or moderate any Interactive Service that we provide on the Site, nor to pre-screen or approve any Content that may be posted by Users to the Site or on any Interactive Service.
1.6.4 Complaints. WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. You may, however, make complaints by contacting our support service at firstname.lastname@example.org or by written notice to: Customer Services, Angry Cat Ltd., H-2370 Dabas, Szintes utca 2/D II/8, Hungary. Our support staff can deal with requests received in English.
1.6.5 Minors. You are not allowed to post the image and/or likeness of any child under the age of 13. The use of any of our Interactive Services by minors is subject to the consent of their parents or guardians. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation (where provided) is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them. Where we do moderate an Interactive Service, we shall normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
1.6.6 Prohibited use. You must not:
harvest or collect email addresses or other contact information of other Users from the Site or any Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Site or any Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or any Service;
use automated scripts to collect information from, or otherwise to interact with, the Site or any Service;
post any Content that we reasonably consider to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
post any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
post publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, social security numbers and payment method details;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
post User Content that would constitute, encourage or provide instructions for any criminal offence, violate the rights of any person, or otherwise create liability or violate any applicable law relating to offensive or harmful content; and/or
post User Content that, in our reasonable judgement, is objectionable or restricts or inhibits any other person from using or enjoying the Site or any Service, or may expose us or Users to any harm or liability of any type.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable legislation. We shall report any such breach to the relevant law enforcement authorities, and we shall co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
1.6.7 Content standards. The following standards apply to any and all material that you contribute to the Site and to any Interactive Services associated with it (collectively, and including any part(s) of the same, ” Contributions “). You must comply with the spirit of the following standards, as well as the letter. Contributions must:
be accurate (where stating facts);
be genuinely held (where stating opinions); and
comply with applicable law in any country from which they are posted.
Contributions must not:
contain any material that is defamatory of any person;
contain any material that is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or other unlawful discrimination;
infringe any copyright, database right, design right, trade mark or similar intellectual property right of any other person;
be likely to deceive any person;
be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us (if this is not the case); and/or
advocate, promote or assist any unlawful act (such as, by way of example only, copyright infringement or computer misuse).
If you encounter another User on the Site who is violating any of the Site Terms, please report the User to our support service at email@example.com .
We shall determine, in our reasonable discretion, whether there has been a breach by you of this section 1.6. Failure to comply with this section 1.6 constitutes a material breach of the Site Terms, and you agree that such failure may result in our taking any or all of the following actions:
immediate, temporary or permanent withdrawal of your right to use the Site and any Services;
immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs and expenses on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
1.7 Your personal information
2 TERMS OF SALE
The terms and conditions on which we shall supply you with any Products from the Store are set out in this section 2 (together with all other provisions of these Terms relevant to such supply and any other provisions referred to in this section 2).
Please read this section 2 carefully before you order any Products from the Store. When registering as a Member, you will be required to confirm your acceptance these Terms, which govern the supply, sale and purchase of any Products. No other terms and conditions will apply, except any mandatory provisions of applicable law. We recommend that you print a copy of these Terms for your reference.
If you refuse to accept these Terms, you will not be able to order any Products from the Store.
2.2 Supply definitions
In this section 2 (and where used elsewhere in these Terms):
“Boxed Product” means (if offered at all via the Store at our sole discretion) a copy of a computer software program contained on a physical medium (such as a CD, DVD or cartridge) packaged for physical delivery to the consumer;
“Download Product” means a computer software program to be delivered to the consumer by way of electronic software download from the Store (and not to be delivered on any physical medium);
“Merchandise Item” means an item of merchandise (such as a Game-related figurine) packaged for physical delivery to the consumer;
“Physical Products” means Boxed Products, Merchandise Items and Soundtracks;
“Soundtrack” means a Game soundtrack contained on a CD packaged for physical delivery to the consumer;
“Store Service” means a service ordered by you via the Store and agreed to be supplied by us to you under a Supply Contract (and, unless the context otherwise requires, the term “Products” includes any such Store Service and references to “delivery” include such a supply); and
“Supply Contract” means any contract between you and us for the supply of Product(s).
2.3 Territorial availability
The Store is intended for use by consumers resident in Worldwide.
For certain Products, we may choose only to accept orders from customers resident in (and whose payment-method billing address is in) a specified country, in which case the territorial restriction will be indicated on the relevant Product page on the Store.
2.4 About you
By placing an order for any Product through the Store, you warrant that you are:
(a) legally able and free to enter into binding contracts;
(b) at least 18 years old.
2.5 Placing an order and formation of Supply Contract
We reserve the right, in our sole discretion, to limit order quantity and to refuse or cancel orders above the limit we set for any Product. We shall not accept orders placed in any way other than the procedure described below.
To place an order for a Product through the Store, you must first register as a Member and obtain a username and password. See section 1.4 above for further information on how to register as a Member.
Details of Products contained in promotional materials, advertising or elsewhere on the Site or other websites do not constitute offers by us to supply such Products. Before confirming your order, you will be able to verify it and to correct mistakes, if any.
Your order constitutes an offer to us to buy the Product(s) in your order, and we may or may not accept your order in our discretion, unless otherwise required under applicable law. Where we accept your order, we shall notify you of our acceptance by emailing you an acknowledgement of receipt and confirmation of your order (“Order Confirmation”). The Order Confirmation will be sent to you by email to your Member email address. Unless otherwise required under applicable law, the Supply Contract between you and us will only be formed when we send you the Order Confirmation. Without affecting your right of cancellation set out in section 2.9 below, you can cancel your order for a Product at no cost any time before we send the Order Confirmation relating to the Product or the Order Confirmation was send by one our contracted partner (for example Steam etc.). This cancellation right does not apply to certain categories of Products, including digital products or software that are not supplied in a physical format (e.g. on a CD, DVD or cartridge), once download or use (whichever occurs sooner) has started.
2.6 Delivery and Product availability
2.6.1 Delivery arrangements
In the case of Physical Products, we shall endeavour to fulfil your order by the estimated delivery date detailed in the Order Confirmation, which will usually be within 30 days after the date of the Order Confirmation. Please note that (unless otherwise specified on the relevant Product page of the Store or in the Order Confirmation) delivery estimates are just that: they are not guaranteed delivery dates and should not be relied on as such. As we process your order, we shall inform you by email if any Products that you order turn out to be unavailable.
For Physical Products and Store Services, we shall in each case send you an email (a “Dispatch Confirmation”) to your Member email address confirming the date on which the Product has been dispatched to you (or, in the case of a Store Service, will be supplied).
For Download Products, the Order Confirmation will confirm when the Product will be available for download and activation by you from the Store or by our contracted parter’s store (for example Steam etc). Download instructions will be contained in the Order Confirmation or you will find it during purchasing the Product.
In order to access and download Download Products, you will need to have access to the internet and the Site with sufficient bandwidth to download the Products to your computer. You are responsible for all costs associated with accessing the Site and downloading Products and for making sure that your hardware meets the minimum requirements for the operation of any software Products. Please note that it may not be possible to download a Download Product if there are problems temporarily affecting the Site or the servers on which the relevant data are stored.
Some Products may be pre-ordered, but will not be dispatched, made available for download or supplied until after a scheduled release date (which we reserve the right to modify). If such release date is postponed by longer than 30 days, you will be entitled to cancel your order by giving us written notice by email or any other communication options provided by our contracted parters’ (for example Steam etc.).
2.6.2 Product availability
While we shall make reasonable efforts to supply you with the Products on the Order Confirmation or Dispatch Confirmation, there may be occasions where we are unable to supply such Products. This may be as a result of: (a) the Products’ non-availability, even though we placed sufficient orders with our suppliers in time; (b) a pricing error on the Store, if such error entitles us under applicable law to cancel the Supply Contract and we so cancel the order without undue delay after discovering such error; or (c) other legal reasons that require us to withdraw the Products from sale. In this situation we shall contact you by email sent to your Member email address. If we cannot agree an alternative arrangement with you, we shall cancel your order in relation to the Products that we cannot supply, inform you of this by email and, if you have already paid for the relevant Products, refund the full amount that you have alreadypaid us for those Products (including any delivery costs charged if there is any).
If the Site states that a Product is temporarily out of stock, the Product is not then in stock but may (at our discretion) be available for ordering. If you are able to place an order, we shall send you an Order Confirmation with the expected delivery date as soon as we have that information. If the Site states that a Product is currently unavailable, the Product is not then available for ordering, in which case we shall not know when or if the Product will be in stock again. If we decline to accept your order because a Product is not available, we may (at our discretion) email you to inform you that the Product is out of stock and then, if and when the Product is back in stock, email you to notify you that the Product is available again.
2.6.3 Late delivery
If we miss a confirmed (rather than estimated) deadline for delivery for any Physical Products, you may cancel your order straightaway if: (a) we have refused to deliver the Products; (b) delivery within the confirmed delivery deadline was essential (taking into account all the relevant circumstances); or (c) you specifically informed us before we accepted your order that delivery within the delivery deadline was essential. In that case, if you do not wish to cancel your order straightaway (or you do not have the right to cancel for such a missed confirmed deadline), you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
If you choose to cancel your order for late delivery of Physical Products under this section 2.6.3:
You can do so for some or all of the Products, unless splitting them up would significantly reduce their value.
If the Products have been delivered to you, you will need to return them to us or allow us to collect them, and we shall pay for the costs of this. After you cancel your order, we shall refund any sums that you have paid to us for the cancelled Products and their delivery.
2.7 Risk and title
Unless you validly exercise your right to cancel the relevant Supply Contract (as explained in section 2.9 below), Physical Products will be at your risk from the time of delivery to you (or, if relevant, to a carrier organised by you to collect them from us) and Download Products from the completion of download. Ownership of Physical Products and the right to download Download Products or to receive Store Services will only pass to you when we receive all sums payable in relation to them, including any delivery charges.
Unless otherwise specified in the Order Confirmation, Physical Products will be shipped by standard postal delivery and are not capable of being tracked.
2.8 Pricing and payment
The price of any Products will be as quoted from time to time on the Store, except in cases of obvious error.
All Product prices are inclusive of any applicable taxes (including VAT or GST). If, however, the rate of VAT or GST changes between the date of your order and the date of delivery, we shall adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT or GST takes effect.
All Product prices exclude additional transaction fees and delivery charges, which will, before you place your Order, be indicated to you during the check-out process on the Store and added to the total amount due.
You may pay for Products by the methods of payment displayed on the payment page of the Store from time to time. No other methods of payment will be accepted. Payment will be in the currency indicated on the payment page of the Store.
Product prices, transaction fees and delivery charges are liable to change at any time, but such changes will not affect orders for which we have already sent you an Order Confirmation.
It is possible that, despite our reasonable efforts, some Products on the Store may be incorrectly priced. If, in such a case, the actual price of a Product is higher than that which is incorrectly displayed on the Store at the time when you place your order, we shall contact you as soon as possible to inform you of this error and we shall give you the option of (a) continuing to buy the Product at the correct price or (b) cancelling your order. In that case we shall not process your order until we have your instructions. If we cannot contact you using the contact details that you provided during the order process, we shall treat the order as cancelled and notify you in writing.
If the actual price of a Product is lower than that which is incorrectly displayed on the Store at the time when you place your order, we shall supply that Product to you at the correct lower price. If, for pre-ordered Products, the actual price reduces by the date on which your order is dispatched (in the case of Physical Products), made available for download (in the case of Download Products) or supplied (in the case of Store Services), you will be charged the reduced price as at such date.
You will need to supply your payment method details when you place your order. Payment for Products and all relevant delivery charges is in advance. Your payment method will be charged just before your order is dispatched, made available or (as applicable) supplied. No orders will be fulfilled until your payment method supplier has authorised the use of your payment method for payment.
2.9 Cancellation and refunds
2.9.1 For customers resident in the United Kingdom, France, Switzerland, Italy, Spain, Portugal, Denmark, Norway, Sweden, Finland, Australia or New Zealand:
The information on your cancellation right set out in this section 2.9.1 is only valid if you are a resident of any such country.
Cooling-off period. If you are contracting with us as a consumer, then, subject to the provisions of this section 2.9.1, you may cancel any Supply Contract for a Product ordered from us at any time from the date of conclusion of the Supply Contract (i.e. the date on which we send you the Order Confirmation) until the end of the period of 14 days after:
(a) in the case of a single Physical Product (which is not delivered in instalments on separate days, nor ordered as one of multiple Physical Products): the date on which you received the Product; or
(b) in the case of an order for multiple Physical Products to be delivered on separate days (or an order for a Physical Product to be delivered in instalments on separate days): the date on which you received the last of such multiple Physical Products (or the last such instalment); or
(c) in the case of an order for a regular delivery of a Physical Product over a set period: the date on which you received the first such delivery; or
(d) in the case of a Download Product: the date on which we notify you that the Download Product is available for download from the Store; or
(e) in the case of a Store Service: the date of entering into the Supply Contract with us for the provision of the Store Service.
For customers resident in Norway, however, each date described in paragraphs (a) to (e) of the preceding sentence shall instead be the date on which you receive notice of your cancellation right. References in these Terms to “your receipt” of Physical Products (or equivalent expressions) include, where relevant, receipt by a third-party recipient that you have nominated to receive the Products concerned (other than our carrier).
Refunds for cancellation. If you validly exercise your cancellation right in accordance with this section 2.9.1, we shall refund you:
(a) the price that you paid for the relevant Product(s); and
(b) any delivery costs that you have paid.
We are, however, permitted by law:
(i) to reduce your refund for any Physical Product(s) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way that would not be permitted in a shop; and
(ii) to be paid for any Store Service to the extent supplied to you before the time at which we are informed of your decision to cancel, as long as you had, when placing your order, expressly requested us to supply the Store Service during the cancellation period and accepted that you would have to pay a price for the Store Service proportionate to the extent that the Store Service is provided to you before such time of cancellation
Further, as permitted by law: (A) the maximum refund of delivery costs will be the costs of delivery by the least expensive delivery method that we offer (as long as this is a common and generally acceptable method); and (B) you shall, for a Physical Product, be responsible for the cost of returning the Product to us.
To the fullest extent permitted under law, a refund of the purchase price and our delivery cost shall be the maximum extent of our liability in respect of the cancellation of the Supply Contract in question.
Refund timescale. We shall process any such refund due to you as soon as possible and, in any case, within 14 days after:
(a) in the case of a Physical Product (where we have not offered to collect it from you): the date on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
(b) in the case of a Physical Product (where you have not received it, or where you have received it but we have at our sole discretion offered to collect it from you): the date on which you inform us of your decision to cancel the Supply Contract; or
(c) in the case of a Download Product or a Store Service: the date on which you inform us of your decision to cancel the Supply Contract.
How to cancel. To cancel an order, you must let us know of your decision to cancel. You can do so by giving us any clear statement of your decision to cancel (and doing so before the end of the cooling-off period), including by completing and submitting the model cancellation form. You may also use our online cancellation form and submit it to us online, in which case we shall email you to confirm that we have received your cancellation. Otherwise, please see our contact details at the end of these Terms, and please include details of your order to help us to identify it. If you send us a cancellation notice in written form, your notice of cancellation is effective if, at the latest, it is in the last post (or sent electronically) before the end of the cooling-off period.
Return arrangements. Where we have supplied a Physical Product to you further to your order, then (unless we have at our sole discretion offered to collect it from you) you must send the Physical Product to us (or hand them over to us) at the address stated at the end of these Terms, without undue delay and in any event within 14 days after the date on which you inform us of your decision to cancel the Supply Contract. The return of any Physical Product under this section 2.9 shall be solely at your own cost and risk. If the Physical Product cannot be returned by post, we estimate that if you use the carrier that delivered the Product to you, the costs should not exceed the amounts that we charged you for delivery. If we agree at our sole discretion to collect any Physical Product from you, we reserve the right to charge you for our direct cost of collection. You are legally obliged to take reasonable care of any Physical Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Loss of cancellation rights. In any event, you acknowledge that you cannot cancel a Supply Contract (nor return a Product and claim a refund) if:
(a) the Product is a Physical Product that (i) is made to your specifications or clearly personalised or (ii) consists of sealed video games, sealed computer software or sealed audio or sealed video recordings and you unseal (e.g. remove the shrink-wrapping from) the Product after receiving it; or
(b) in the case of any Product consisting of digital content (e.g. a Download Product) that is not supplied on a tangible medium (e.g. a CD, DVD or cartridge), you have started downloading the Product or otherwise used an activation code or other means required to access and use the Product, as long as: (i) you had expressly accepted when you placed your order that (A) we could start to supply the digital content during the cancellation period and (B) you could not cancel the Supply Contract once supply of the digital content had started; and (ii) we have confirmed your acceptance to you in confirming the Supply Contract (e.g. in the Confirmation Order); or
(c) in the case of a Store Service, we have fully performed the Store Service, as long as you had expressly accepted when you placed your order that (i) we could start to provide the Store Service during the cancellation period and (ii) you could not cancel the Supply Contract once we had fully provided the Store Service.
Your rights as a consumer. Details of your statutory cancellation right, and an explanation of how to exercise it, will be provided in the Order Confirmation. Nothing in these Terms affects your rights as a consumer under law. In particular, as a consumer, you have legal rights in relation to Products that are defective or not as described. Those legal rights are not affected by your right of return and refund in this section 2.9.1 or anything else in these Terms. Advice about your legal rights may be available from your local citizens’ advice bureau, trading standards office or equivalent organisation.
2.9.2 For customers resident in Germany:
If you are a resident of Germany, please read this section 2.9.2, which sets out the details of your cancellation right. Only the German-language version of this section 2.9.2 shall be binding.
Cancellation right. If you are a consumer pursuant to § 13 BGB (German Civil Code), you are entitled to cancel your Supply Contract by giving us notice in text form (e.g. letter, fax, email) or if you received the Products before the end of the cancellation period by returning the Products within 14 days without providing any reasons. The cancellation period begins with the receipt of this information in text form, but not before the Supply Contract is concluded, nor (in case of the delivery of Products) before your receipt of the Products, nor (in the case of recurring deliveries of similar Products) before the receipt of the first partial delivery, and not before the fulfilment of our information obligations under Art. 246 § 2 in connection with § 1 Sub-para 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our obligations pursuant to § 312g Sub-para. 1 Sentence 1 BGB in connection with Art. 246 § 3 EGBGB. In order to adhere to the cancellation period, it is sufficient to send the notice or the Products. The notice or the Products should be sent:
by post to: Angry Cat Ltd., H-2370 Dabas, Szintes utca 2/D II/8, Hungary; or
by email to firstname.lastname@example.org .
Consequences of cancellation. In the event of a valid cancellation, each party must return to the other all benefits and any further value (e.g. interest) derived by such party from the Supply Contract. If you cannot return the Products or benefits in full or in part or only in a degraded way, you will have to pay compensation for lost value. In the event of delivery of Products, you only have to pay compensation if the use or the degradation is caused by use that exceeds a review of the properties of the Products. A “review of the properties of the Products” is understood to be the testing of the Products as it would be possible and reasonable in a store. Products that can be sent via package are to be returned at our risk. You will have to pay the usual costs for the return if the Product delivered is identical to the Product ordered and if the price of the returned Product is not above 40 Euros or (in the event of a higher price) you have not yet paid in full or have not yet paid (if so agreed) a due instalment. In all other cases, the return of the Products is free for you. Products that cannot be sent via package will be collected. Claims for reimbursement must be submitted within 30 days. The period begins: (a) for you, with the dispatch of the notice or the Products; and (b) for us, with our receipt. The cancellation right will end ahead of time if the whole Supply Contract is fully fulfilled by both parties on your express request.
End of the information on the cancellation right for German customers.
2.9.3 For customers resident in Austria:
If you are a resident of Austria, please read this section 2.9.3, which sets out the details of your cancellation right. Only the German-language version of this section 2.9.3 shall be binding.
Cancellation right. If you are a consumer pursuant to § 1 Austrian Consumer Protection Act (Konsumentenschutzgesetz), you are entitled to cancel your Supply Contract within the periods mentioned below. In order to adhere to the cancellation period, it is sufficient to dispatch a respective notice or to return the Products within the cancellation period. The notice or the Products must be sent:
by post to: Angry Cat Ltd., H-2370 Dabas, Szintes utca 2/D II/8, Hungary; or
by email to email@example.com .
Cancellation period. The cancellation period lasts seven working days, whereby Saturdays, Sundays and Austrian public holidays shall not be deemed working days. In the case of contracts concerning the delivery of goods, the period starts with your receipt of the goods, in the case of services on the day of conclusion of the contract. Should we have failed to comply with any of our information obligations set out in § 5d para 1 and 2 Austrian Consumer Protection Act (Konsumentenschutzgesetz), the cancellation period shall be three months, provided, however, that in the case of our provision of the above information within the three-month period the cancellation period shall end seven working days after the provision.
Exceptions from the cancellation right. In particular, in the following cases the consumer has no cancellation right:
contracts about services whose execution shall start within seven days after the contract formation;
contracts about customised goods, goods which are tailored for the personal desires of a customer or goods which are not suitable for return;
contracts about audio or video recording or software, if the delivered item has been unsealed by the consumer;
contracts about the delivery of newspapers, periodicals and similar products, except contracts about cyclic publications.
Rights and obligations in the case of a recall. In the case of a cancellation you have to return the received goods immediately and have to pay reasonable consideration for the use of the goods, including compensation for depreciations connected with such use. You will have to pay the usual costs for the return. In return, and immediately after the receipt of the returned goods or, in the case of services, after receipt of your notice, we shall repay the purchase price immediately.
End of the information on the cancellation right for Austrian customers.
2.10 Other refund requests
If you return a Product to us for any reason other than cancellation under section 2.9 above (for instance, because you consider that the Product is defective or mis-described), we shall examine the returned Product and, where you are entitled to a refund, notify you of such entitlement via email within a reasonable period of time. We shall usually process any such refund due to you as soon as possible and, in any case, within 14 days after the day on which we confirmed to you via email of your entitlement to a refund. We shall refund the price of a defective Product in full, including any applicable delivery charges and any reasonable costs that you incur in returning the Product to us.
When processing any refund to you under these Terms, we shall refund any money received from you using the same method originally used by you to pay for your purchase, unless you expressly agree otherwise. If you used vouchers to pay for the Product, we may refund you in vouchers. For Users resident in New Zealand, we shall comply in all respects with our obligations under the Consumer Guarantees Act 1993.
2.11 Import charges and export restrictions
When Products are ordered from the Store for delivery outside Hungary, there may be import duties, taxes or levies imposed when the delivery reaches the specified destination. We have no control over these charges and cannot predict their amount. You are responsible for the payment of any and all such charges. We recommend that you contact your local customs office for further information on what these charges may be before you place your order.
By ordering Products, you warrant and undertake that you are not located in any country, nor will you export any Products to any person or place, to which the European Union or any European Union member state has embargoed goods.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We shall not be liable for any breach by you of any such laws.
2.12 Written communications
Applicable laws require that some of the information or communications that we send to you should be in writing. By registering as a Member and placing orders via the Store, you accept that communication between you and us will be mainly electronic. We shall contact you by email to the email address provided by you when you register as a Member or provide you with information by posting notices on the Store. For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section 2.12 does not affect your rights under applicable laws.
3.1 Special categories of Product
3.1.1 Angry Cat Software
The Store offers certain Products comprising computer software (not the game softwares) that has been developed by or under licence from Angry Cat (including any software made available as part of a Store Service and any updates or other patches for any such software) (“Software”).
Such Software may be supplied with a limited warranty whose terms are contained in the End User Licence Agreement accompanying such Software (or in the case of a software update or patch, the End User Licence Agreement accompanying the original software product) (“EULA”). Please refer to the terms and conditions of the relevant EULA for further details.
Your right to download, install and otherwise use any Software under licence is governed by and subject to the terms and conditions of any applicable EULA. You must accept the terms of the EULA in order to be able to install such Software and to use it lawfully. If you do not wish to be bound by the terms and conditions of the EULA, do not install the relevant Software.
In any case where you are not required to accept the provisions of a EULA, you are granted a limited, personal, non-sublicensable, non-exclusive licence to use the Software concerned solely for your private non-commercial use on a single personal computer. Such licence is non-transferable where the Software has been supplied to you as a Download. If the Software is supplied to you as part of a Physical Product, such licence is transferable with the Product. All other rights attaching to the Software are reserved absolutely by the respective licensors of the Software.
You agree not to modify, decompile, disassemble, reverse-engineer any Software unless and then only to the extent permitted by a mandatory provision of applicable law. Unauthorised use of computer software may be an infringement of copyright and be liable to civil and criminal sanctions.
Software may be subject to Hungarian export controls, and export controls of other jurisdictions. By purchasing Software from Angry Cat, you warrant that you are not located in any country, or exporting Software to any person or place, to which the European Union or any other jurisdiction has embargoed goods.
Software may include technological measures that are designed to prevent unlicensed or illegal use of the Software. You agree that we may use such measures, and that you will follow the requirements regarding such technological measures as may be described in the EULA or any other documentation accompanying the Software.
In order to be able to install your copy of the Software on another personal computer (to the extent that such transfer and reinstallation is permitted by the terms of the applicable EULA), you may be required to reactivate the Software using a software activation code that accompanied the Product when delivered to you or which is otherwise made available to you at the time of download (in the case of a Download Product). Please keep the activation code in a secure place, as we do not guarantee that we can send you a new activation code in the event it is lost and are under no obligation to provide one. Moreover, your right to install and reactivate the Software on a different computer may be subject to a maximum number of reactivations described either in the EULA or other documentation accompanying such Software.
By downloading or installing any Software, you accept: (a) the existence and use of digital rights management software (“DRM”), including the downloading of copy protection software and certain DRM data and licence information which may or may not be uninstalled if you uninstall the Software; and (b) the possibility of limits on your use of such Software to a set number of computers with a maximum number of activations per computer or in total (both such limits being set by us, which may be different for different software Products).
3.2 Limitation of liability
3.2.1 Safety information. YOU ARE STRONGLY ADVISED TO READ AND ADHERE TO THE GUIDANCE AND WARNINGS CONTAINED IN THE SAFETY INFORMATION CONCERNING THE USE OF PRODUCTS. A COPY OF THE SAFETY INFORMATION CAN BE FOUND AS PART OF THE PRODUCT DOCUMENTATION.
3.2.2 Software. For any Software purchased by you from the Store that is subject to a EULA, such EULA sets out the extent of our warranties and our entire liability with respect to such Software and the physical media (if any) on which such Software is supplied. To the extent of any inconsistency between the provisions of any such EULA and these Terms, the provisions of the EULA shall prevail.
For any Software that is not subject to a EULA, our liability to you with respect to such Software is as set out below.
3.2.3 For worldwide residets (except the hereunder mentioned countries). Subject to section 3.2.2, unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Site and all its features (including any Products, the Store or other Services) are used by you at your risk and are provided on an “as is” and “as available” basis without any guarantees, warranties, representations, terms or conditions of any kind (whether express or implied by legislation or operation of law).
To the fullest extent permitted by law:
we do not guarantee nor do we make any warranties or representations that the Site, the Store or any other Service will be available at all or at any times or that it will be error-free, uninterrupted or secure;
we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it;
Angry Cat expressly disclaims all warranties, representations, terms and conditions of any kind (express or implied), including any implied warranties, terms or conditions of merchantability, fitness for purpose, satisfactory quality, title, non-infringement of intellectual property and other third-party rights in relation to the Site or any Products or other Services or activities sold, supplied or otherwise made available on or via the Site;
neither Angry Cat nor any of its affiliates, licensors, suppliers, successors and assignees or its or their respective officers, employees, agents or contractors (together, the “Angry Cat Parties” and each, a “Angry Cat Party”) shall be liable to you for any indirect, special or consequential loss that is suffered or incurred by you in connection with the performance (or non-performance) of any Supply Contract (or with your use of, or inability to use, the Site or any Services, any websites linked to it and any materials posted on it),that was not foreseeable to both you and us when the Supply Contract was concluded, and that falls within any of the following categories:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill; and/or
wasted management or office time;
no Angry Cat Party shall be liable for any damage to your equipment or any computer software or system or loss of data that may result from the download, installation and/or use of any third-party material or software downloaded via or for use of the Site, nor do we endorse, warrant or guarantee any third-party product or service offered via the Site, nor will we be a party to (or in any way be responsible for monitoring) any transaction between you and third-party providers of products or services; and
we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of our content standards, whether the Service is moderated or not.
Despite the preceding provisions of this section 3.2:
Some states or jurisdictions may not allow the exclusion or limitation of certain warranties or conditions. Where that is the case (and to such extent), the exclusions and limitations of liability in these Terms may not apply to you.
Nothing in these Terms in any way limits our liability to you for: (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; (3) any deliberate repudiatory breaches of these Terms or of any Supply Contract by us; (4) any loss or damage (whether financial or otherwise) that is a direct and foreseeable result of any breach of these Terms or of any Supply Contract on our part (and for this purpose, loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time of concluding the contract); (5) any breach by us of any warranties, terms or conditions implied into these Terms or any Supply Contract by applicable law, including any such implied term of title and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and/or correspondence with samples; and/or (6) any other liability (such as gross negligence or wilful misconduct) to the extent that such liability cannot be excluded or limited under applicable law.
NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER UNDER LAW. If you would like information on such rights, you should contact your local citizens’ advice bureau, trading standards office or equivalent organisation
ONLY FOR CUSTOMERS RESIDENT IN FRANCE:
Despite the above provisions, we shall guarantee any lack of conformity of the Product and any latent defect, as provided for in articles 1641 to 1649 of the French civil code.
Article L. 211-4 of the French consumer code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity that exists on delivery.
It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if it assumed responsibility therefor or had it carried out under its responsibility.
Article L. 211-5 of the French consumer code
In order to conform to the contract, the product must:
be suitable for the purpose usually associated with such a product and, if applicable:
correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, including advertising and labelling; or
have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 211-12 of the French consumer code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French civil code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a reduced price for it, had he known of them.
Article 1648 of the French civil code
The action resulting from the defects giving rise to the right to cancellation must be brought by the buyer within a period of two years following the discovery of such defect.
3.2.4 For customers resident in Germany, Austria and Portugal:
The limitation of liability set out in this section 3.2.4 applies only if you are a resident of Germany, Austria or Portugal. We shall only be fully liable for damages if they were caused by grossly negligent or intentional acts by us, our employees, agents and/or officers. In the event of simple negligence, we are fully liable for personal injuries and death. In the event of a breach of contractual obligations caused by simple negligence which the customer could trust not to be breached and which are essential to the performance under these Terms, our liability is limited to the typical foreseeable damages. The liability according to the German, Austrian or Portuguese Product Liability Act remains unaffected. In all other cases of simple negligence, liability is excluded. Where liability is excluded or limited, it shall also be limited or excluded for our employees, agents and officers.
You agree to reimburse each Angry Cat Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Angry Cat Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and/or (b) any illegal use of your Membership or Account by any person(s).
3.4 Third-party software, links and data
3.4.1 Third-party software. We are not responsible for any technical or other issues that may arise if you download and use any third-party software, whether made available via the Site or from an external third-party website.
3.4.2 Links. We are not responsible for any links to external third-party websites or pages of or content contained in or made available via any such third-party website (including links to personal profiles, user groups or videos on social networking or video upload sites) that may be provided on the Site by us or by you or any other User who posts any such link on the Site. Such links do not constitute endorsements by Angry Cat. We have no control over the content of linked websites and make no warranties or representations about third-party websites or goods or services offered on or via third-party websites.
You may link to the home page of the Site only, as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
3.4.3 Third-party data. We are not responsible for any data provided by third-party data feeds available via the Site. We have no control over the content provided by such third-party data feeds and make no warranties or representations about such data or data-feed services.
3.5 Advertising and sponsorship
The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws, codes and regulations. We cannot guarantee that such advertising or sponsorship material will be free of errors or inaccuracies.
3.6 Competitions, prize draws and promotions
We may from time to time run competitions, free prize draws and/or other promotions on the Site. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
3.7 Suspension and termination
We may, at our sole discretion, suspend or terminate the provision of any part of the Site or any Service or restrict your access to it without any prior notice to you and without any further formality where (by way of example and without limitation): (a) we reasonably consider that you are misusing the Services or are otherwise acting in breach of any of the Service Terms; (b) there is a regulatory or statutory change limiting our ability to provide such part of the Site or such Service; and/or (c) any event (such as a technical difficulty, capacity problem or communications failure) beyond our reasonable control prevents us from continuing to provide such part of the Site or such Service. No such suspension or termination on ground (b) or (c) will affect any entitlement to a refund that you may have under any Supply Contract or under applicable law.
3.8 Events beyond our control
We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Supply Contract that is caused by any event, act, omission or circumstance beyond our reasonable control (“Event Beyond Our Control”). An Event Beyond Our Control includes any strike, lock-out or other industrial action (other than by Angry Cat staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any government).
Our performance of any Supply Contract is deemed to be suspended for the period that the Event Beyond Our Control continues, and we shall have an extension of time for performance for the duration of that period. We shall use reasonable endeavours to bring the Event Beyond Our Control to a close or to find a solution by which our obligations under the Supply Contract may be performed despite the Event Beyond Our Control. If we are prevented from, or delayed in, performance of any Supply Contract by any Event Beyond Our Control for a continuous period of more than 30 days, either party may terminate such Supply Contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).
3.9 Changes to these Terms
We reserve the right to make changes to any part of the Site or any Service and/or to these Terms from time to time. We shall notify you of any changes to these Terms by posting the modified Terms on the Site (including the date on which these Terms were last modified). If you use the Site after we have posted such changes, you will, by continuing to use the Site, be agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you should not continue to use the Site.
For each Supply Contract,the version of these Terms in force at the time when you order the relevant Products from us will apply to the Supply Contract, unless: (a) any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you); or (b) we notify you of any changes to these Terms before we send you the Order Confirmation (in which case we shall assume that you have accepted such changes, unless you notify us to the contrary within the cooling-off period, as set out under section 2.9 above).
If, after concluding the Supply Contract, we need to change these Terms as they apply to the Supply Contract, we shall contact you to give you reasonable advance notice of the changes and let you know how to cancel the Supply Contract if you are not happy with the changes. You may cancel either for all the affected Products or just the Products that you have yet to receive. If you choose to cancel, you will need to return (at our cost) any relevant Products that you have already received and we shall arrange a full refund of the price that you have paid, including any delivery charges.
3.10 Other important terms
Notices. Except as otherwise specified in these Terms, all notices given by you to us must be given to us at the web or postal address set out in section 3.11 below. We may give notice to you at either the email or postal address that you provide to us when registering as a Member or Registered User or by posting notices on the Site. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or five days after the date of posting of any letter (whichever occurs first). In proving service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms. Without limiting the foregoing, any Supply Contract is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of any Supply Contract (or any of your rights or obligations under it) without our prior written consent.
Entire agreement. These Terms (including all provisions incorporated by reference in these Terms) contain the entire agreement, and supersede any previous agreement (whether oral or written), between Angry Cat and you in relation to the subject-matter of these Terms, including for the purposes of each Supply Contract. Nothing in these Terms shall limit or exclude any liability for fraud.
Prevalence. Except as otherwise specified in these Terms, in the event of any inconsistency between the provisions set out in these Terms and any other terms and conditions referred to in these Terms, the provisions set out in these Terms shall prevail. For this purpose, however, an omission (whether deliberate or inadvertent) shall not be understood as giving rise to an inconsistency.
No partnership etc. No partnership, joint venture, agency or employment relationship is intended or created by these Terms.
Third-party rights. These Terms are not intended to confer, and do not confer, any rights or remedies on any person other than the parties to these Terms, except that any Angry Cat Party may enforce any right or remedy expressly conferred on such Angry Cat Party under these Terms.
Non-waiver. Failure by either party to insist on strict performance of, or to exercise any right or remedy under, these Terms or any Supply Contract shall not constitute a waiver of that right or remedy and shall not relieve the defaulting party from compliance with such party’s obligations. A waiver by either party of any default shall not constitute a waiver of any subsequent default. No waiver by either party shall be effective unless it is expressly stated to be a waiver and is notified to the other party in writing in accordance with section 3.11 below.
Severability. If any provision(s) of these Terms or of any Supply Contract is found to be invalid, unlawful or unenforceable by any court or other authority of competent jurisdiction, the remaining provisions will continue to be valid, lawful and enforceable to the fullest extent permitted by law.
Governing law and jurisdiction. Except to the extent otherwise required by applicable law (for example, to give effect to your rights as a consumer under the law of the country in which you are resident), these Terms, each Supply Contract and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the Hungarian courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.
3.11 Contact us
If you have any queries concerning any of these Terms, our Products or your order, please contact our support service:
at firstname.lastname@example.org; or
by post at Angry Cat Ltd, H-2370 Dabas, Szintes utca 2/D II/8, Hungary.
Last modified: 24 February 2016
We, Angry Cat Ltd, are committed to protecting and respecting your privacy.
Data protection compliance
The Service is controlled by us from our offices in Hungary (“HUN”). Personal information collected from the Service is processed in accordance with the National Data Protection Laws. We are registered as a data controller in accordance with the Act and comply with national data protection and privacy law.
If you choose to use the Service from outside Hungary, you do so at your own risk, with the understanding that personal information collected from the Service may be collected, stored and used in a country whose privacy laws may be different and less protective than those of your home country.
The information we collect from you
An important note to parents or guardians
We encourage parents or guardians to take an active interest in their children’s use of online or mobile platforms, including the Service. Their involvement is essential to help ensure a safe and rewarding experience for their children. Parents or guardians should be aware that there are software tools available that screen objectionable content and allow you to prevent children from disclosing their personal information without your permission.
We will not intentionally collect any personal information from children under the age of 13. Children under the age of 13 can participate in all activities on the Service that do not require submission of personal information. They may view, but may not under any circumstances participate in activities that require submission of personal information, such as message boards, contests or sweepstakes.
In addition we take particular care when processing the personal information of children aged 13 or older to ensure that such information is processed in accordance with the Act.
How we use personal information
We may use personal information collected from the Service to enable your efficient use of the Service, as well as for marketing, promotions, research, analysis, product service and development. Where permitted, we may occasionally use your personal information to contact you by telephone, fax, email, SMS or otherwise in writing to inform you about our products.
We will not use your personal information for marketing or promotional purposes without having first obtained your consent to do so. In any further marketing or promotional communications we send to you, we will give you the opportunity to withdraw your consent to receiving such communications in the future. To do so, please follow the unsubscribe instructions on the communications you receive. If you have opted in to allow us to share your personal information with third-party providers of products, content or services that we believe may be of interest to you, you can opt out of further direct communications from any such third party by contacting that third party direct.
We may also use your personal information for the purposes of:
processing and administering your registration as a member and/or use of paid-for products, content or services;
running competitions and other promotional events;
conducting surveys as to the quality of the Service or of parts of it;
miscellaneous customer service correspondence (such as notifying you of changes to our products, content or services);
processing details of your personal interests and preferences submitted to us via the Service;
processing details of your use of the Service (including traffic data, location data and other communication data) and your online or wireless activity on the Service (including information on your game usage, such as your scores and rankings); and
any other general or special use that you may permit under any particular request for permission that we may make from to time.
We reserve the right to monitor your account and records to check any complaint or allegation of abuse, infringement of third-party rights or any other unauthorised use of the Service.
Disclosure of your personal information
We may disclose your personal information to any member of our group of companies, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (whether based within or outside the European Economic Area).
We may disclose your personal information to third parties where:
they provide products, content or services to us in connection with your use of the Service;
we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;
our company or substantially all of our assets are to be acquired by a third party, in which case we may disclose your personal information to the prospective acquirer and personal data held by us about users of the Service will be one of the transferred assets; and/or
We may also process your personal information to anonymise and aggregate it with other data and to disclose such anonymous and aggregate data to our affiliates and/or business partners.
Certain parts of the Service may allow you to post personal information alongside content generated by you (such as on message boards or through game play). In doing so, you accept that such personal information will be disclosed to other users of the part of the Service concerned, and we are not responsible for information or content that you choose to post in this way. Please think carefully before deciding what information to share in this way, and you are strongly advised not to share any data that would personally identify you (or your address or location).
Tracking technology and IP addresses
We may collect and process certain information about your device and your use of the Service for system administration and/or to provide certain parts of the Service, including (where available) your IP address, geolocation information, mobile network information, hardware model, device serial number, unique device identifier, operating system and browser type, as well as details of how and when you access and use the Service. This comprises statistical data about our users’ browsing actions and patterns, and does not, in itself, identify any individual.
Certain parts of the Service may give you the option to manage location tracking (such as turning it on or off, except for the essential location purposes noted above). If you wish to terminate our tracking, please uninstall or cease using the relevant parts of the Service.
For further details, please refer to our Cookies Policy.
Where we store your personal information
All information you provide to us is stored on secure servers hosted by us or third parties providing hosting, payment or other services for us.
The information we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”), including any destination where the privacy laws of the country concerned may be different and less protective than those of EEA countries. It may also be processed by personnel operating outside the EEA who work for us or for one of our suppliers. Such personnel may be engaged in, among other things, the processing of your payment details (where applicable) and the provision of support services.
By submitting your personal information, you agree to this transfer, storing and processing.
Unfortunately, the transmission of information via the internet, mobile networks or wireless technology is not completely secure, nor is any method of electronic storage. You acknowledge and accept that others may intercept or otherwise access the personal information you provide to us, and that any such transmission or storage is at your own risk. Once we have received your information, we use strict procedures and security features to try to prevent unauthorised access.
One easy and important way to protect your personal information is to keep your account password confidential and to close your browser when you are away from your device.
You can check and edit the personal information we hold about you at any time via the Service or by contacting us by email or post (details below).
The Service may interact with other online or mobile products, content or services (such as websites, social networks or mobile applications), including via (a) links from or to the Service, (b) Service log-ins hosted by third-party sites or applications and (c) Service content hosted on third-party sites or applications (such as social media plug-ins).
We may provide some of your personal information to (or receive it from) the operators of such third-party sites or applications, where required for the effective provision of such interactive features (including in the context of in-game or in-site advertising or co-branded offerings provided by us in association with third parties). We are not responsible and accept no liability for their content or their operators’ privacy practices (including any tracking technologies that they may use). Before providing any personal information to them, please refer to their relevant privacy and cookies policies.
If, at any time, you wish us to stop using your personal information or to correct any factual inaccuracies, just contact us by email or post (details below). Be sure to state “opt-out” in the subject line, and to include your full name, registered user ID (if any) and email address in the message. We will try to make the requested changes in our active databases as soon as reasonably practical. Please note that residual data may be retained on back-up media or for other technical or administrative reasons.
Access to your information
If you would like a copy of the personal information that we hold about you, just contact us by email or post (details below). Be sure to state “Copy personal information” in the subject line, and to include your full name, registered user ID (if any) and email address in the message. If requested, we will use reasonable efforts to supply, correct or (as appropriate) delete information about you on our files.
How to contact us
Last modified: 24 February 2016
Angry Cat’s Unsolicited Idea and Content Submission Policy
In this Policy Statement references to “Angry Cat”, “us”, we” and similar expressions refers to Angry Cat Ltd and its affiliated entities worldwide.
As you know, Angry Cat is in constant development of many new creative products for our fans and something we create might be similar to something you have independently created. We wish to avoid any potential disputes or misunderstandings when a future release of ours is coincidently similar to an idea or work you sent us. Therefore, Angry Cat and its employees do not accept or consider unsolicited creative works or ideas, including ideas for new games, movies, television programs, and marketing campaigns.
Please do not submit any unsolicited creative works, games, film scripts, storyboards, treatments, code, plotlines, dialogue, artwork, music, ideas, inventions, concepts or other works in any form (collectively “Material”) to Angry Cat. If you fail to abide by this request and still send us your idea or creative work, the following terms shall apply to your submission regardless of what your cover letter or email might state or any contrary terms you may purport to apply or to any statements including as to confidentiality contained on or in any Material submitted:
Since we do not wish to receive or hold any Material either ‘in confidence’ or at all, you acknowledge and agree that:
Any Material, which you choose to submit to us, is disclosed at your discretion and has not been solicited by us.
We shall not accept any Material under any obligations of confidentiality nor will our consideration of the Material give rise to any relationship of confidence between us. We shall be free to use and disclose any ideas and information contained within the Material (or any similar ideas or information) without restriction and without compensation to you;
By disclosing Material to us[you do not grant any rights to us under existing or future patents, designs or copyrights. You agree to rely solely on any patent, copyright or design rights that you may obtain or hold to protect your Material and accordingly, you will not at any time institute any legal proceedings or take any other action against us or our distributors, licensees or other customers on the basis that the disclosure was confidential;
We continually invent, develop, license and acquire new ideas and materials within our business and you acknowledge that we may already have developed or be developing or have contemplated our own ideas, concepts and intellectual properties which are identical or similar to the Material which you have disclosed to us. We assume no obligation to inform you of this fact nor shall we enter into any correspondence in relation to any Material which is received.
We shall not be under any obligation to acknowledge receipt of any Material nor do we commit to make any efforts to acknowledge receipt of any Material.
We do not accept any duty of care in respect of any Material. You should always retain a copy of the Material which is sent to us. We accept no liability for loss or other damage to the physical material submitted by you.
We are under no obligation to read or evaluate the Material.
We do not assume any obligation to return Material to you and we may destroy all Material without reference to you. We may at our discretion keep an original or copy of all or any part of the Material and/or any accompanying letter as evidence of receipt and we may retain your personal details without limitation of time for such purpose.
Accordingly, please do not send us any Material for any purpose whatsoever unless you understand and agree to the above terms.
We will never review unsolicited Material without the Discloser first signing a Non-Confidential Submission Letter in a form provided by us. Please contact us at email@example.com for further information.
The terms and conditions of this Policy Statement may not be modified or waived except in writing signed by one of our officers, duly authorised to do so.
This Cookies Policy relates to our website at angrycatstuidos.com, our mobile applications and any of our other online or mobile products, content and services (collectively, the “Service”).
Cookies are widely used to allow online and mobile sites to function efficiently. A “cookie” is a small text file that (depending on your browser settings) is deposited on your computer, mobile phone, tablet or other smart device when you visit a site. The cookie may be sent back to that site when you visit again, and may then be used by the server to identify and track your use of the site.
Cookies last for various durations. A “session cookie” is a temporary cookie that only remains in the cookie file of your browser until you leave a site. A “persistent” cookie is a long-term cookie that will be stored by your browser until its set expiry date (unless you delete it before the expiry date).
There are four widely recognised categories of cookie by function:
Essential cookies. These are necessary for the operation of a site (or part of a site), e.g. enabling a user to log into secure areas of a site or to use a shopping cart.
Functional cookies. These recognise you when you return to a site, allowing content to be personalised and preferences to be set.
Analytical cookies. These monitor site performance and analyse site traffic, gathering anonymous data.
Targeting cookies. These record your browsing history (such as visits to sites, pages visited and links followed) and use that information to make content and/or advertising displayed on a site more relevant to your interests. That process is often called “online behavioural advertising” (or “OBA” for short).
In this Cookies Policy, where the context allows, references to “cookies” include any tools that collect information from your device about your browsing activity.
In general, we use certain types of cookie:
to identify you as you use the Service (essential and functional cookies);
(where applicable) to help us authenticate you as a Member and/or Registered User and to give you access to your user profile (functional cookies);
to customise and personalise your experience of the Service (functional cookies); and
to compile anonymous statistics about the use of the Service (analytical cookies).
These cookies do not contain any information that, in itself, personally identifies you and do not provide us with access to the rest of your device. We may, however, associate the information contained in cookies with personal information that you have provided to us separately.
We may introduce different types of cookie from time to time to improve your experience of the Service. If we do so, we shall update the list above to note any further main cookies used on the Service.
If you require any further information on the cookies that we use, you can contact us as described in the How to contact us section below.
In particular, third-party providers of targeted advertising services may set cookies and/or use similar tracking tools (such as web beacons, tracking pixels, log files and analytic metric tools). Those providers may offer you means of declining online/mobile behavioural advertising, and please refer to their relevant instructions. Deleting and rejecting their cookies may also limit the scope of their other tracking tools.
Rejecting and deleting cookies
To learn how to reject or delete cookies, we recommend that you consult the “Help” function of your internet browser or, for a mobile phone, your handset manual. Further information on rejection and deletion of cookies is provided on www.aboutcookies.org. For further information on managing behavioural advertising, please visit www.youronlinechoices.com/uk.
If, however, you decide to disable or delete any cookies, some parts or features of the Service (especially interactive features) may not work properly. For some parts of the Service, we may require you to uninstall or cease using the relevant applications, rather than have a poor experience from disabling cookies. Disabling or deleting cookies may also affect your ability to use other online or mobile sites.
How to contact us
Changes to this Cookies Policy
We may at any time update or otherwise modify this Cookies Policy. We will notify you of any changes to our Cookies Policy by posting the modified Cookies Policy on the Service. By then continuing to use the Service, you will be bound by the modified Cookies Policy.
Last modified: 24 February 2016