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TERMS AND CONDITIONS

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Effective as of April 11th, 2023.
1. Subject: Using the Service.
1.1. The following terms and conditions regulate the use of online and mobile games and other services provided by Spoilz Games or Technology Spoilz Co (we/us). for Information Technology or Company Ghan’im al_Taqniyyah for Information Technology (hereinafter referred to as “Spoilz Games” or “Spoilz”), a company (CR: 1010450829) having its registered office at al-Yasmin district, Anas Bin-Malik street, al-Riyad, Saudi Arabia. on Spoilz Games’ websites and in app stores.
1.2. Spoilz Games offers online and mobile games and other services within the context of its technical and operational capabilities, with an average annual availability of 90% (ninety percent). This does not include periods of time during which the use of online and mobile games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Spoilz Games is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which Spoilz Games’ general servers or the servers of certain games do not allow online access due to reasons beyond Spoilz Games’ control (force majeure, third party responsibility, etc.).
1.3. Spoilz Games continuously updates, changes, and develops its online and mobile games and other services at its own discretion. Users can therefore only participate in the respective online game, mobile game, or other offers in their respective form provided at any given time. Spoilz Games retains the right to cease operating an online or mobile game or remove a specific service without explanation.
1.4. Online and mobile games and other services offered by Spoilz Games are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited.
1.5. Users are responsible for ensuring that their own software and hardware are suitable and up-to-date.
1.6. In addition to these terms and conditions, any existing rules of the respective online or mobile game shall also apply. In the case of an inconsistency between these terms and conditions and the rules of the game, the provisions of these terms and conditions shall take precedence when settling the instance of contradiction.
1.7. Other provisions or terms and conditions of a user, which deviate from Spoilz Games’ terms and conditions, shall only apply if Spoilz Games gives prior written consent to their validity.
2. Conclusion of Contract.
2.1. In order to use the online and mobile games and other services provided by Spoilz Games, users must register for and, if needed, install the app in question.
2.2. Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses, life partners, etc.).
2.3. Certain games might have age restrictions and all should comply with Apple and Google requirements.
2.4. Users must enter a player name and generally an email address registered to the user in order to register for the online games; the mobile games require a player name. Users have no claim to a particular player name. The selected player name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a player name. Users must ensure that the information provided to Spoilz Games during registration is genuine and complete.
2.5. Certain games also allow registration using Google, Apple game center, or any third-party login credentials. The data required for registration shall be taken from the user’s Google, Apple game center or any third party account for this purpose.
2.6. Users must register for their accounts themselves. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.
2.7. After successful registration, the user creates an account (“user account”) which the user can manage independently. The user account cannot be transferred without the explicit consent of Spoilz Games.
2.8. Users have no right to claim registration or activation.
3. User’s Obligations.
3.1. User data
Users agree to immediately provide Spoilz Games with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for Spoilz Games the accuracy of their data upon request.
3.2. Login data, identification, passwords.
3.2.1. Users are required to maintain strict confidentiality regarding all login data, identification, and passwords.
3.2.2. The terms “login data”, “identification”, and “passwords” include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player’s name, and it should consist of a combination of numbers and letters.
3.2.3. Users are required to protect all login data, identification, and passwords from third-party access.
3.2.4. In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Spoilz Games immediately and change their data or have it changed by Spoilz Games. In this case or in the event that Spoilz Games has concrete evidence of misuse of data, Spoilz Games has the right to temporarily block access to the user’s account. If there is evidence of misuse of data, Spoilz Games shall inform the user.
3.2.5. Users are under no circumstances entitled to use the login data of another user unless the rules of the respective online or mobile game or other service allow for exceptions.
3.3. Use of Spoilz Games’ websites and website content.
3.3.1. Spoilz Games’ websites and mobile games include various content that is protected by trademarks, copyrights, or other means for the benefit of Spoilz Games or third parties. Unless explicitly permitted within these terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes of any of Spoilz Games’ websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
3.3.2. The term “content” includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by Spoilz Games. The term “content” also includes, in particular, all services available for download.
3.3.3. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Spoilz Games’ websites, any individual services and/or offers there, or its online and mobile games. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users’ use of Spoilz Games’ websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
3.3.4. Any use of Spoilz Games’ websites or mobile games for commercial purposes, especially advertising purposes, requires the express prior written consent of Spoilz Games.
3.3.5. Users are not entitled to publish content on Spoilz Games’ websites, online games, mobile games, or other services.
4. Specific Terms for the Use of Online and Mobile Games.
4.1. Users are prohibited from enacting any form of manipulative interference in online or mobile games. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
4.2. Under no circumstances may users
A. create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,
B. use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games,
C. sell, buy, or trade user accounts.
This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
4.3. Spoilz Games or contractors authorized by Spoilz Games hold all and exclusive rights to items used and virtual items provided in online or mobile games. Users will only receive a nonexclusive right of use to the virtual items for the duration of the user agreement.
4.4. Chip farming/scripting: The misuse of scripts or manual processes in order to create chips is not permitted. Doing so could result in Spoilz Games blocking the respective user account or stipulating a chip penalty.
5. conditions for the use of communication facilities (particularly discussion forums, chats, comments)
5.1. Spoilz Games may provide users with different communication facilities for self-created entries and posts on Spoilz Games’ websites, in the game, and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the “communication facilities”), which the user may use when available. In this regard, Spoilz Games only provides users with the technical environment for an exchange of information. However, users do not have the right to claim communication features.
5.2. Users take full responsibility for the content and entries they post. Users agree to release Spoilz Games from any legitimate claims from third parties arising from a culpable violation of the users’ obligations. Spoilz Games explicitly does not claim content entered by users as its own. However, users shall grant Spoilz Games the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
5.3. Within the context of these communication facilities, users are prohibited from publishing or distributing content on Spoilz Games’ websites that:
A. violates an applicable law, goes against common decency, or breaches the terms and conditions or the rules of the respective game;
B. violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
C. is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
D. is of an abusive, harassing, or defamatory nature;
E. includes chain letters or pyramid schemes;
F. falsely suggests that it is provided or supported by Spoilz Games;
G. contains personal data of third parties without their explicit consent;
H. is commercial, in particular promotional, in nature.
5.4. All users of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.
5.5. Notwithstanding any other rights under these terms and conditions, Spoilz Games has the right to fully or partially remove content and entries that violate the rules of these terms and conditions. Spoilz Games also has the right to exclude users who violate these rules, in whole or temporarily, from further use of Spoilz Games’ online and mobile games, websites, and other services.
6. Consequences of a Breach of Duty
6.1. Spoilz Games is not liable for damages resulting from a user’s breach of duty.
6.2. Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Spoilz Games to take the following actions against any user who culpably breaches statutory law, third party rights, these terms and conditions, or any respective additional regulations and game rules:
A. remove content,
B. issue a warning to the user,
C. temporarily or permanently block a user from specific or all online and mobile games and content of Spoilz Games’ websites,
D. suspend a user, also from certain game functions (e.g. chat)
E. issue a temporary or permanent virtual ban from the game in cases of a violation of item 6 of these terms and conditions, or
F. If users have been blocked or excluded, they may not log in again to a service provided by Spoilz Games without the prior consent of Spoilz Games.
7. Usage fees
7.1. Users can play the online and mobile games offered essentially free of charge. However, the user can pay money to purchase virtual currency (e.g Golds, Gems, etc, ), certain virtual features, and other services (together with the “purchasable features”) within the context of the online games and mobile games. The price for the desired virtual currency appears in the User country currency or in another currency applicable to the user’s region. The user can purchase advantages or virtual items in the online or mobile game with the premium currency purchased.
7.2. Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available in the online or mobile game.
7.3. Users can submit their offers to purchase the available features by selecting the desired item and desired payment method offered in the respective online game or mobile game, clicking on the Buy Now button, and thus concluding the order process.
7.4. The payment options vary according to Apple and Google, the participant’s country, and the technically feasible payment options available in the market. Spoilz Games reserves the right to amend their payment options.
7.5. The money is collected via the service provider commissioned by the user for the respective payment process or via a transfer made by the user.
7.6. After completion of the payment process or, in the case of a transfer, after the receipt of the money in Spoilz Games’ account, Spoilz Games shall credit the purchased features to the user’s account.
7.7. The user acknowledges and agrees that all information provided as part of a payment transaction (in particular bank account, credit card number, etc.) is complete and correct.
7.8. Spoilz Games retains the right to revise the fees for features available for purchase. This includes Spoilz Games’ right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.
8. Limitation of liability
8.1. Users are held personally liable for any violation of a third party’s rights. Users agree to reimburse Spoilz Games for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release Spoilz Games from all eligible claims that other users or third parties may file against Spoilz Games due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of Spoilz Games’ legal defence, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
8.2. The liability of Spoilz Games, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
8.2.1. If Spoilz Games provides the respective liability-causing service free of charge, Spoilz Games is liable only for malice and gross negligence.
8.2.2. Spoilz Games assumes no liability for interruptions within the network that are not the fault of Spoilz Games.
9. Duration and Deletion of User Accounts
9.1. Unless expressly stated otherwise for the respective online game, mobile game, or other service, the contract for the use of the Spoilz Games’ website, online games, mobile games, and other services runs for an indefinite period. The contract begins upon accreditation or activation of an account by Spoilz Games.
9.2. The subscription may be terminated by either party (spoilz and user) at any time with immediate effect, provided that a temporary subsecription period has not been agreed.
9.3. Spoilz games has the right to terminate the contract for good cause without giving a period of notice. “Good cause” constitutes, in particular, if
A. a user has defaulted on payment of the fees, and does not pay despite reminders,
B. a behavior significantly affecting the game experience of other players is being displayed,
C. cheats, mods, and/or “hacks” , as well as any other form of software, tools, or scripts that alter the gaming experience or the game mechanism of online or mobile games, are being used,
D. a user makes use of a third party user account or uses more than one user account per online game, unless the rules of the game allow for specific exceptions,
E. a user uses virtual items being used in online or mobile games outside of the online or mobile games, attempts to buy or sell these virtual items for “real” money, or tries to trade them,
F. a user has sold, bought, or traded a user account, or
G. the user culpably violates laws that serve to protect other players or Spoilz Games.
H. the user deliberately violates these terms and conditions, additional governing provisions,
I. and/or the rules of the game.
10. Governing law
These terms and conditions shall be interpreted in accordance with the Laws of the Kingdom of Saudi Arabia and any dispute shall be subject to the exclusive jurisdiction of the Kingdom of Saudi Arabia Courts.
11. General Provisions
11.1. Spoilz Games retains the right to modify these terms and conditions. Users will be informed of any amendments to the general terms and conditions via the Spoilz Games’ website and via the respective online or mobile game at least four weeks before the amendment is scheduled to take effect.
11.2. Notices
Spoilz Games may notify you via postings in our games, on our blog, via e-mail or any other communications means to contact information you provide to us. All notices given by the user or required from the user under these Terms and conditions or the Spoilz Games Privacy Policy shall be in writing and addressed to its office at: al-Yasmin district, Anas Bin-Malik street, al-Riyad, Saudi Arabia, with a copy to hi@spoilz.studio
11.3. Assignment
Spoild Games may assign or delegate these Terms and conditions and/or the Spoilz Games Privacy Policy, in whole or in part, to any person or entity at any time with or without user consent. user may not assign or delegate any rights or obligations under these Terms and conditions or Privacy Policy without Spoilz’s Games prior written consent, and any unauthorized assignment and delegation by user is ineffective.
11.4. Entire Agreement
These Terms and conditions, and any documents expressly incorporated by reference herein (including the Spoilz Games’ Privacy Policy), contain the entire understanding of you and Spoilz Games, and Spoilz Games all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
11.5. No Waiver
The failure of Spoilz Games to require or enforce strict performance by you of any provision of these Terms of Service or the Spoilz Games Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Spoilz Games’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Spoilz Games of any provision, condition, or requirement of these Terms and conditions or the Spoilz Games Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
11.6. Force Majeure
Spoilz Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Spoilz Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Spoilz Games’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

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