ToomkyGames Terms of use

ATTENTION: THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH DIGITAL WAVE, AND USE OF THE SERVICES, AS DEFINED BELOW, PROVIDED TO YOU BY DIGITAL WAVE. YOU ARE HERERBY ASKED TO ACCEPT THESE TERMS OF USE AND MAY USE THE SERVICES AVAILABLE ON THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

THESE TERMS OF USE INCLUDE DIGITAL WAVE’S PRIVACY POLICY LOCATED AT: http://toomkygames.com/privacy WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF USE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING DIGITAL WAVE’S PRIVACY POLICY.

Acceptance of Terms of Use.

This Terms of Use Agreement (the “Agreement” or “Terms of Use”) is a legal agreement between you, either an individual or an entity (“You” or “User”), and Digital Wave Ltd, (“Digital Wave”), regarding the Services, as defined below. Digital Wave makes this Website www.toomkygames.com and Digital Wave domains included within this Internet website (“Website”), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document. By accessing and using this Website, using any Digital Wave services and/or downloading purchasing any products, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you.

If you do NOT agree to all these Terms of Use, you should NOT use this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Also, when you use any current or future Digital Wave services or visit Digital Wave’s or its affiliates’ websites or obtain any products or services, whether free of charge or for payment, of Digital Wave or any business affiliated with Digital Wave, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business.

These Terms of Use may be amended by Digital Wave displaying any such changes on the Website. If you continue to use the Website after the changes have been posted for thirty (30) days, you will be considered to have accepted the changes. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

Digital Wave reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Digital Wave reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.

Description of Services

ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DIGITAL WAVE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. DIGITAL WAVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, CONTENT OR SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. DIGITAL WAVE DOES NOT WARRANT THAT THE WEBSITE, CONTENT OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY DIGITAL WAVE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Digital Wave in writing, contractors, agents, dealers or distributors of Digital Wave or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. DIGITAL WAVE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITAL WAVE OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

The Website may contain references to specific Digital Wave products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

You understand and agree that by using the Website and services and products contained therein, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, services and products at your own risk.

IN NO EVENT SHALL DIGITAL WAVE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF DIGITAL WAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST DIGITAL WAVE PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO DIGITAL WAVE IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO DIGITAL WAVE IN CONNECTION WITH THE SERVICE IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICES; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DIGITAL WAVE; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT (“YOUR CONTENT”) THAT IS AVAILABLE TO END USERS OF THE SITE AND THAT IS NOT PROVIDED BY DIGITAL WAVE, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Any and all products downloaded or purchased from this Website is may be subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using Digital Wave’s Services, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

Use of the Services by You

You agree to use the Services only for purposes permitted by the Terms of Services as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that is provided by Digital Wave. You agree not to access or attempt to access any of the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Term

The term of this Term of Use (“Term”) shall begin when you start using the Services and shall continue in perpetuity unless otherwise terminated by Digital Wave by written notice. Digital Wave expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate your use of the Service at any time. Without prejudice to any other rights, this Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Use, You must immediately cease using the Services including without limitation any use of Digital Wave’s trademarks, trade names, copyrights and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.

Links to Other Sites and Third Party Materials

This Website may provide links to other websites and/or third party products and services that are not under the control of Digital Wave (together, “Third Party Materials”). Digital Wave shall not be responsible in any way for the content of such Third Party Materials. Digital Wave provides such links only for the convenience of the users of this Website, and the inclusion of any link to any Third Party Materials does not imply endorsement by Digital Wave of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Use shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.

Language of the Terms of Use

Where Digital Wave has provided you with a translation of the English language version of the Terms of Use into another language, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with Digital Wave. If there is any contradiction between what the English language version of the Terms of Use and the translation, the English language version shall control.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and/or Services shall rest with Digital Wave and/or its licensors. Unless otherwise specifically provided herein or authorized by Digital Wave in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, its products or Services.

Digital Wave hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Digital Wave disclaims any proprietary interests in the intellectual property rights other than their own.

Feedback

You may from time to time provide suggestions, comments or other feedback to Digital Wave with respect to any product, material, software or information provided by Digital Wave (hereinafter “Feedback“). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Digital Wave. However, Digital Wave shall not disclose the source of any feedback without the providing party’s consent. Digital Wave shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any Digital Wave’s privacy policies posted on this Website.

Notice and Procedure for Making Claims of Copyright Infringement

It is Digital Wave’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Digital Wave’s Copyright Agent the written information specified below. (Please note that this procedure is exclusively for notifying Digital Wave and its affiliates that your copyrighted material has been infringed.)

An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that You claim has been infringed upon;
A description of where the material that You claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Digital Wave Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:

Name: Tom Smith
Address: Sham Peng Tong Plaza, 103, Victoria, Mahe, Seychelles, 0091
E-mail: [email protected]

Information and Materials Provided By You

Unless otherwise specifically provided herein, any materials or information submitted to, sent through or in connection with this Website by you (“User Materials“), will be treated as non-confidential and non-proprietary, and immediately become the property of Digital Wave, subject to Privacy Policy. Digital Wave may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

Contests, Sweepstakes, Auctions, and Promotions

From time to time, Digital Wave may conduct promotions on or through the Website, including, without limitation, auctions, contests and sweepstakes which may be subject to additional terms and/or rules.

Software

Software made available for downloading from or through this Website is licensed subject to the terms of the applicable end use license agreement. Both the Software and any accompanying documentation made available through this Website is the copyrighted work of Digital Wave. You must agree to the terms of the applicable end user license agreement prior to use of the Products made available by Digital Wave through this Website.

Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by Digital Wave in writing, you may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its products or services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. DIGITAL WAVE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Without limiting the foregoing, Digital Wave makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the Website will meet your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its services or products will be corrected.

Software Updates

The Services which you use may automatically download and install updates from Digital Wave. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Digital Wave to deliver these to you) as part of your use of the Services.

Unlawful or Prohibited Use

You may not use this Website for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any third party’s use and enjoyment of this Website. You agree that you will not use any third-party software that intercepts, “mines”, or otherwise collects information from or through the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Digital Wave to all users of this Website. You shall not institute, assist, or become involved in an attack upon any Digital Wave server or otherwise attempt to disrupt the Digital Wave servers. ANY ATTEMPT BY YOU TO DAMAGE DIGITAL WAVE SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF DIGITAL WAVE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, DIGITAL WAVE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless Digital Wave, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use.

Privacy

Digital Wave respects your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of the Website.

Linking to the Website

Linking to the Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Digital Wave endorses or sponsors the linker or its site, products or services. You must not use Digital Wave’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Digital Wave. Furthermore, you agree to remove the link at any time upon Digital Wave’s request.

Ending Your Relationship with Digital Wave

The Terms of Service will continue to apply until terminated by either you or Digital Wave as set out below. If you want to terminate Your legal agreement with Digital Wave, You may do so by (a) notifying Digital Wave at any time and (b) closing Your accounts for all of the Services which you use. Your notice should be sent to [email protected]. Digital Wave reserves the right to terminate its legal agreement with you at its discretion.

Assignment

Digital Wave may assign or delegate this Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under the Terms of Use without Digital Wave’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Agreement to Deal Electronically

All transactions with or through the Website or Digital Waves may, at our option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the courts of the United Kingdom for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by Digital Wave.

Digital Wave does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.

Questions may be submitted at https://toomkygames.com/contacts. Please also have a look at our Privacy Policy at https://toomkygames.com/privacy.

Copyright © 2011-2019 Digital Wave Ltd. All rights reserved. This Website and accompanying products and documentation are the copyrighted property of Digital Wave Ltd and/or its licensors and protected by copyright laws and international intellectual property treaties. Digital Wave and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Digital Wave Ltd. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Digital Wave or third party trademarks or logos without the prior written consent of Digital Wave or the applicable trademark owner is strictly prohibited.