concluded according to Paragraph 65 ofthe Act. No. 185/2015 Z. z. Copyright Act as amended (hereinafter referred to as the ,,Agreement")
This Agreement is made between:
1. The Licensor: EKRONTEK s.r.o.
With its registered seat at: Laurinská 12, 811 01 Bratislava - mestská časť Staré Mesto, Slovak Republic
ID Number: 50 012 975
Registered in: the Commercial Register of the District Court Bratislava I, section: Sro, insert No: 106982/B
(hereinafter referred to as the ,,Licensor")
2. the Customer who shows his interest to acquire an authorization to use the below mentioned product by way expressly indicated in this Agreement,
(hereinafter referred to as the ,,Licensee")
(hereinafter altogether referred to as the ,,Parties")
By clicking on the icon "I Agree with terms and conditions" placed under the bottom of the window that displays the text of this Agreement and full payment of remuneration in accordance with Article V of this Agreement the Licensee agree to all of terms and conditions of this Agreement.
Licensor is producer of game assets for game developers, game designers, and A.I. developers, who produce modular and easy customisable digital products, with own stories, names and combinations who is duly entitled to grant authorization to use the above mentioned products and who has been carrying out the author’s economic rights to the above mentioned products.
Licensee is a subject, who wishes to obtain a non-exclusive, non-transferableauthorization to use the above mentioned productsin terms and conditions of this Agreement and who shows his interest to acquire an authorization to use the above mentioned products by way expressly indicated in Article IIIof this Agreement.
The following terms, as used in this Agreement, shall have the meanings set forth below:
Licence means the authorization granted by the Licensor to the Licensee pursuant to Article II hereof.
Work means modular and easy customisable digital product which is the unique outcome of the creative activity of the individual or design team, who has created the Work as an author/s.
Licensed Territory means worldwide.
SUBJECT OF AGREEMENT
1. The Licensor hereby grants the Licensee a non-exclusive, non-transferable, perpetual,Licence to use the Work indicated in Article I of this Agreement within the Licensed Territory. The Licensee is permitted by the Licensor to use the Work only for his sole and exclusive use and only in the following manners
a) communication of the Work to the public,
b) public performance of the Work,
c) inclusion of the Work into a databaseand inclusion of the Work into own work of Licensee (,,Own creative work"); the Licensee shall make a reproduction of Own creative work or shall distribute an original Own creative work or its copy to the public by sale or other forms of assignment of title,by rental or lending, grant a sub-license to the Own creative work to the third parties or otherwise distribute the Own creative work to any third party without the prior written consent of the Licensor,
d) modify the color of Work.
2. Parties agree, that Licensee shall not:
a) make a reproduction of the Work,
b) to distribute an original Work or its copy to the public by sale or other forms of assignment of title,by rental or lending,
c) make adaptation of Work, decompile, modify the Work, in whole or in part or use the Work in another manner, unless this manner is expressly authorized by this Agreement, without the prior written consent of Licensor.
3. The Licenseeagrees that heshall not sell the Work, to provide License to the Work to the third parties in form of assignment of a License, grant a sub-license to the Work to the third parties or otherwise distribute the Work to any third party without the prior written consent of the Licensor. The Licensee agrees to secure and protect the Workin a manner consistent with the maintenance of Licensor´s rights in the Work and to take appropriate action in order to satisfy his obligations under this Agreement.
Article III ACCEPTANCE OF LICENCE
- The accceptance of the provisions of this Agreement can be accomplished by clicking on the icon "I Agree with terms and conditions" placed under the bottom of the window that displays the text of this Agreement. By clicking on this icon and full payment of remuneration in accordance with Article V of this Agreement the Licensee shows his clear and irrevocable acceptance of this Agreement and all its terms and conditions and represents that he is at least the age of majority in his state or province of residence to conclude this Agreement.
Article IV STATEMENTS AND OBLIGATIONS OF PARTIES
- The Licensor states that he is fully empowered and authorized to enter into this Agreement and carry out the provisions of the present Agreement and grant the Licence to the third parties. The Licensor further states that he has settled the rights of authors of Work or other rights holder of Work for using the Work in connection with the use of Work within the subject of this Agreement under Article II of this Agreement and that he has been carrying out the author’s economic rights to a Work.
- The Licensee acknowledges and agrees that he shall not acquire any rights of ownership in the Work and all intellectual property rights over and in respect of the Work are owned by Licensor, authors of Work or other rights holder of Work.
- The Licensor states that the Work do not violate copyright, trade mark, patent, any other intellectual property rights or any other right whatsoever, including without limitation the right to privacy and respect of reputation, of any individuals or legal entities.
- The Licensee undertakes to use the Work only in the manner and within the scope of the Licence in accordance with Article II of this Agreement.
- The Licensee acknowledges and agrees that Work or a part of the Work may be neither duplicated nor distributed. Moreover the Licensee acknowledges and agrees that he will not, without limiting the foregoing, copy, duplicate and/or create a program/product similar to the Work.
- The Licensee shall not exploit the Work in a way that in a reasonable and objective way could be considered of bad taste and/or that could violate the original Licensor’s reputation.
- Other rights and obligations of Parties can be regulated in general terms and conditions of the Licensor.
Article V REMUNERATION
- In return for the use of the Work in the manner and within the scope of this Agreement in accordance with Article II of this Agreement the Licensee shall pay to the Licensor the total remuneration in the amount specified in the Invoice. The Invoice shall form an integral part of this Agreement.
Article VI TERMINATION OF THE AGREEMENT
- In the event that Licensee commits a breach of any of the terms of this Agreement, mostly if he fail to comply with the limitations described in Article II of this Agreement this Agreement shall terminate automatically. No notice shall be required to effectuate such termination. Upon termination, the Licensee must remove and quit usage of the Work.
- The Licensee acknowledges and agrees that he may not use the Work for any illegal purpose or violate any laws in his jurisdiction including but not limited to copyright laws. A breach of this obligation shall result in an immediate termination of this Agreement.
Article VII SPECIFIC PROVISIONS
- The Parties agree that in case of change or different interpretation of the laws or practice of courts they find out that some provision of this Agreement is considered as an invalid legal act, the Agreement as a whole remains in force, the void may be regarded only the part, which directly concerns the annulment.
- Anytime it shall be possible, each provision of this Agreement shall be interpreting to be effective and valid under applicable law. However, if any provision of this Agreement is unenforceable or invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity or unenforceability, and other provisions of this Agreement will remain binding, valid and effective.
Article VIII DISCLAIMER OF WARRANTY
- The Licensee acknowledges and agrees that the Licensor has made no express warranties, oral or written to the Licensee regarding the Work and that the Work is being provided to the Licensee ,,as is" without warranty of any kind. The Licensor disclaims any and all other warranties, whether expressed, implied or statutory. The Licensee further acknowledges and agrees that the Licensor shall not be liable for indirect, incidental, reliance or consequential damages resulting from the use of the Work.
- The Licensee acknowledges and agrees that he shall use the Work solely at his own risk and the Licensor shall be liable to the Licensee for any damages including but not limited to any loss, or other damages of any kind (incidental, indirect or consequential) arising out of the use of the Work.In no event the Licensor shall be liable for any claims, whether in contract, tort or any other theory of liability.
Article IX FINAL PROVISIONS
- This Agreement shall enter into force and effect upon the acceptance of the provisions of this Agreement by way expressly indicated in Article IIIof this Agreement.
- This Agreement includes the preamble and all articles hereto constitutes the entire agreement between the Parties. It supersedes and replaces any and all other agreements, understandings or commitments, collateral or otherwise, whether verbal or written.
- The Licensee has no right whatsoever to transfer, assign or otherwise grant this Agreement or any part thereof, nor any or all of the Licensee’s rights and obligations hereunder.
- The contractual relationship established by this Agreement shall be governed by the laws of the Slovak Republic. Legal relations not regulated by this Agreement shall be governed under the respective provisions of the Copyright Act or other generally binding legal regulations applicable in the Slovak Republic.
- The Parties undertake that any disputes arising out of performance of this Agreement shall be settled primarily by an agreement. If no agreement is reached, the Parties expressly agree that the dispute will be settled by the Stály rozhodcovský súd zriadený pri Rozhodcovská a mediačná, with its registered seat at: Dunajská 15, 811 01 Bratislava – Staré Mesto, Slovak Republic, Registration Number: SRS 001and Slovak jurisdiction shall apply for all disputes of Parties.
- The Parties declare that the Agreement was not concluded in distress under notably disadvantageous conditions, they are authorized to enter into the Agreement, that they have understood its individual provisions and these are the expression of their true, serious and free will, the terms and conditions of this Agreement as stated herein have been read and are accepted and they oblige to willingly fulfill them.
To provide all of our services to you, we need to know the basic personal information about you. "Personal information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that EKRONTEK has or is likely to have access to. We declare that all personal information is strictly confidential and handled in accordance with Act no. 122/2013 Coll. on the Protection of Personal Data as amended. When using your personal information we comply with this Act.
EKRONTEK shall process your personal data only with your voluntary consent. We store your personal data in electronic form and use them solely for the purpose of processing contracts, to carry out the transactions you have requested, contact management, product registration, technical support and marketing purposes (to provide you promotional materials) in the extent and in the manner, which is necessary to achieve the determined purpose of processing of personal data. This data is stored in protected databases on our server.
For the realization of business transactions we require the following information about you:
- a) full name, exact address, including country (resp. The address to be shown on the invoice)
- b) Your e-mail address (used to identify you in the system and to communicate with you)
optionally other addresses (if you want to deliver the shipment to a different address than the billing)
- c) If you buy as a company, in addition: business name, registration number and VAT number (for invoicing and accounting).
By registering you agree that we may use your personal information as follows:
- a) provide you use of and access to our services
- b) provide you site content that includes our products that we think you will like and keeps track of the collections and stores that you have chosen to follow
- c) give you access to your purchase history, scores, bids, and other features
- d) customize, measure, and improve our sites, applications and services
- e) provide other services requested by you as described when we collect the information
- f) contact you, either via email, telephone, or postal mail, or otherwise as authorized by you to: offer coupons, discounts and special promotions, and inform you about our services.
- g) deliver targeted marketing, service updates, and promotional offers based on your communication preferences
According to the Act No. 122/2013 Coll. on the Protection of Personal Data as amended, you are entitled to request in writing from EKRONTEK the following:
- a) confirmation of whether or not the respective personal data are processed,
- b) information in generally comprehensible form on processing of respective personal data in information system,
- c) accurate information in generally comprehensible form on source, from which the respective personal data for processing were received,
- d) list of the respective personal data in generally comprehensible form, which are subject to processing,
- e) correction of inaccurate, incomplete or outdated respective personal data, which are subject to processing,
- f) liquidation of respective personal data, which purpose for the processing has ended; if the subject to processing are official documents containing personal data, respective person may request their return,
- g) liquidation of respective personal data, which are subject to processing, if there has been a violation of the law,
- h) blocking of respective personal data due to the withdrawal of agreement before the expiry of its validity period, if the operator processes the personal data on the basis of the consent of the person concerned.
Providing the requested personal data is voluntary. Consent for personal data processing may be canceled at any time. You may withdraw your consent by contacting us at [email protected] or at: Laurinská 12, 811 01 Bratislava - mestská časť Staré Mesto, Slovak Republic. The validity term of the consent is limited to the duration of the purpose of processing provided personal data.
Your personal data provided on the basis of consent for personal data processing shall not be made public. Your personal data shall be disclosed solely to other subjects - processors on the basis on trade relations, such as payment gateways and other payment transaction processors. Processor shall only collect and use your personal data to perform the services they provide to us. In order to protect your personal data processors have their own privacy policies.
No information will not be provided to the third parties and your personal data will be provided to the state authorities only pursuant to law.
All our customers who suspect that their personal data are processed in breach of the protection of their private and personal life or that we violated the law, especially when their personal data are not used with respect to the purpose of their processing, may request from EKRONTEK rectification or erasure of their personal data. Our customers have also other rights specified in the Act No. 122/2013 Coll. on the Protection of Personal Data as amended.
EKRONTEK maintains safeguards to protect the security, integrity, and privacy of these servers and your personally identifiable information. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
Cookies are small text files which are sent to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies act as a memory for a website, allowing that website to remember your device on your return visits. Cookies can also remember your preferences, improve the user experience as well as tailor the adverts you see to those most relevant to you.
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
Analytical cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functional cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you and remember your preferences (for example, your choice of language).
These cookies do not collect information that can identify you. All the information that these cookies collect is anonymous and is only used to improve how the website works.
We use both session ID cookies and persistent cookies to deliver web content specific to your interests and to control access to restricted content. Session ID cookies expire when you close your browser. Persistent cookies remain on your hard drive after you leave our Progress Software Websites. The majority are set to expire within 90 – 365 days.
Provision and disclosure of "cookies" as well as protecting of your privacy shall obey the principles of the processing of personal data.
Consent with using of "cookies" is given for a period of one year and may be revoked at any time respectively may be disabled in your browser. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our sites.
If you would like contact us to access, correct, amend or delete any personal information we have about you or want more information contact us at [email protected] by mail or at: EKRONTEK s.r.o., Laurinská 12, 811 01 Bratislava - mestská časť Staré Mesto, Slovak Republic.