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GENERAL TERMS AND CONDITIONS

1.   Purpose of the conditions of use and scope of application

1.1. These general conditions of use (hereinafter “Terms of use”) regulate the use of online games and other services created and offered by Hunters of Magic (hereinafter “The Company”), on its web pages, such as, for example, forums and support systems, (hereinafter the “Services offered by Hunters of Magic”).

1.2. Hunters of Magic offers these services for the exclusive use of the user. Which are either online games and free services or online games and services in which certain assets and virtual advantages can be acquired for valuable consideration. In some cases, the use of the services offered by Hunters of Magic will also be possible through a single or periodic payment (hereinafter “Premium License”). To the extent that these conditions of use do not expressly regulate otherwise, they will apply both for the free services offered by Hunters of Magic and those for payment, including services subject to premium license.

1.3. Hunters of Magic is entitled to interrupt the operation of the offered services without prior notice, either due to technological imperatives or necessary maintenance work. In all other cases a prior notice will be made in due form with a reasonable period of time.

1.4. The services offered by Hunters of Magic can only be used in the corresponding current version.

1.5. The services offered by Hunters of Magic will be exclusively dedicated to the enjoyment of the users. A use for profit is expressly prohibited. The exceptions require the prior, explicit and written consent of Hunters of Magic.

1.6. It is up to the user to update and adapt the software and hardware used, especially to be able to access any updated versions or other updates of the services offered by Hunters of Magic.

2. Validity and modification of the conditions of use

2.1. When using the Games in the browser, as User you accept the conditions of use of our Services by checking the box «I accept the general terms and conditions» or similar and pressing the registration button.

2.2. By using the Games through mobile or desktop applications, you accept the terms of use when downloading the respective application.

2.3. By accepting the terms of use we enter into an unlimited time license agreement with you subject to these terms.

2.4. Hunters of Magic may modify the conditions of use and other conditions with prospective effect. We will make these modifications only for important reasons, especially due to new technical developments, extensions of our services, changes in law or jurisprudence or other equivalent reasons. If due to the modification, the contractual balance between the User and Hunters of Magic is considerably affected, the modification will not occur. Otherwise, the modifications will require your approval. As a User you grant your consent to be informed of the modifications introduced in the conditions of use when logging into the respective gaming platform, through the internal messages of the game, or by e-mail to the last e-mail address that you have provided to us. They will be considered accepted if you do not express your opposition within 8 weeks in writing or in text form, by any of the means of communication available on our web pages (hereinafter, “Term of opposition”). This option will be specifically advised when communicating the modification. For evidentiary purposes we recommend that as a User you send us the opposition in writing or by email. In the latter case, it is advisable to write your name and the name of the Game in the subject.

2.5. If you do not oppose as a User to the modifications of the conditions of use within the Term of opposition or if you continue using the Games despite receiving the communication of the modification, it is considered that you accept the modified or complementary conditions of use.

2.6. If as a User you oppose within the time limit, both you and Hunters of Magic will be authorized to terminate by the usual procedure to the license agreement, in accordance with point 4 of these conditions of use and to delete the account after the expiration of the possible notice period. The fees for the service paid in advance and corresponding to periods beyond the extinction of the relationship will be returned proportionally or will be credited to you in other Games. When communicating the modifications we will always specifically warn of the possibility of opposition and rescission, of the term and of the legal consequences, with special emphasis on the assumptions of non-opposition.

3. Conclusion of the contract, free license agreement

3.1. As a User you can enter into a contract with Hunters of Magic for free use of Games through the browser or through Applications (hereinafter, “License Agreement”).

3.2. In case you are under 18, you confirm that you have read these general conditions with your legal representatives and that they agree with the use of the Games by you.

3.3. It is allowed to register to make use of the services offered by Hunters of Magic only to individuals (not groups, families, cohabitants, etc.) that are admitted as users. Users who are minors must represent and guarantee that they have obtained the consent of their legal guardian before registering.

3.4. When registering, users must provide a player name, as well as an email address. This player name must not violate the rights of third parties or be of an offensive nature. Also, no email address or URL, can be used as a player name. Users have to ensure that the information they provide when registering is accurate and complete.

3.5. Users must register in person, can not be registered by third parties.

3.6. The records must be approved by Hunters of Magic, normally, by means of a confirmation email, which provides users with an activation link. In these cases, the account will be activated, as long as the corresponding activation link is clicked. In some cases, the registration process may deviate from the lines of the previous procedure, in which case the user will be alerted appropriately.

3.7. User accounts can not be transferred without the express consent of Hunters of Magic

4. Conclusion of the contract, Premium license agreement

4.1 Hunters of Magic may offer you the possibility to acquire Premium licenses to acquire (“Game Money”), (“Gems”), (“Subscriptions”), or other game content through a purchase with real money.

4.2 The payment for the purchase of the Premium Services will be made through a borrower of means of payment linked to Hunters of Magic, which provides the player with different means to make the payment (“Means of payment”). The player will thus be able to select the means of payment that he prefers.

4.3 In the case of the purchase of Premium Services such as aspects, enhancers, bonuses, subscriptions, etc. Hunters of Magic is committed to its unlocking as soon as we have been able to confirm that the transaction has been made, which is usually immediately for most card payments, or 24 to 48 hours for other indirect payment methods.

4.4 It is possible that Hunters of Magic will give you Content or Premium Services if you meet certain conditions within the game, as compensation, or for other reasons, in which case you will also acquire the Premium license rights.

4.5 The content of the game, Gems, Subscriptions, or other services of the game do not have an equivalent value in real money and do not substitute it, besides, it is not allowed commercial with these services.

4.6 The player accepts and understands that Hunters of Magic can make changes in the game, in order to improve their services, and that sometimes these changes may affect the perceived value of certain objects or services offered, including Premium, and renounce possible claims for this circumstance.

4.7 All purchases of Content or Premium Services are final and non-refundable, transferable or interchangeable in any circumstance, except as required by applicable law.

4.8 To help in the prevention of theft, fraudulent access or even in cases of gambling addiction, the daily purchase limit is limited to € 400.

4.9 Except as otherwise prohibited by applicable law, Hunters of Magic, in its sole discretion, has the absolute right to manage, modify, substitute, change, suspend, cancel or remove Content or Premium Services, as well as its ability to access or use said Money or Premium Services, without prior notice or liability to you.

5. Duration of the contract and rescission

5.1. The License Agreement and / or the Premium License Agreement between you and Hunters of Magic will have an indeterminate duration, unless otherwise stated. Different conditions may apply for access to Premium Services.

5.2. If a specific duration for the License Agreement has not been agreed, it may be terminated at any time without the need to indicate reasons.

5.3. The Premium Agreement may be terminated ordinarily both by us and yours with a term of three (3) months. For an ordinary termination it is not necessary to adduce the reasons.

5.4. The right of both parties to terminate at any time the License Agreement or the Premium License Agreement for an important cause prevails over the previous regulations.

5.5. Hunters of Magic has the power to terminate the License Agreement or the Premium License Agreement for a particular important cause, but also for other reasons, if:

a) you are late in your payments and do not pay in spite of receiving a request, or when the user uses services offered by Hunters of Magic that are not free without authorization,

b) there are real samples that the game of other players has been significantly damaged,

c) you commit crimes or

d) willfully violate the rules of the game, laws or these general conditions despite having received a warning.

5.6. For technical reasons, the final cancellation of the Account and your user data may take place a few days late.

5.7. In the event of an ordinary termination by you or a termination for a significant cause by Hunters of Magic, you may not request a refund of the amounts paid after the termination becomes effective. Afterwards, you will not be entitled to the restitution of your account, nor claim Premium Services not used. Nor will you have any further right to demand Premium Services. In addition, Hunters of Magic is authorized to demand the sum of all payments (especially for Premium Services already provided) that you had to pay. This will not affect your right to prove that no damage has occurred or that there has been damage of a considerably lower amount.

6. Security, cheating

6.1. As a User you are not authorized to use mechanisms, software, programs or other routines that may interfere with the Hunters of Magic systems. You can not take measures that can cause an inadmissible overload of the systems. The use of special software will not be allowed, especially for a systematic or automatic control of the Games or certain functions of the Game (bots, macros), for the reproduction or evaluation of the games.

6.2. It is forbidden to take advantage of the “bugs” or errors in the programming of the Games and in the course of the game that may give an advantage to the User, for their own or for others’ purposes. If you discover “bugs”, you should notify us immediately. If you have taken advantage of these circumstances, you must return the benefits obtained as far as possible. The intentional use of “bugs” or errors or their publication on the Internet or through mobile applications, may entail the termination without notice of the License Agreement and the elimination of the Account.

6.3. It is forbidden to use software that allows the use of “data mining” or that collects information about the games in any other way.

6.4. It is forbidden to use Items outside the Games, buy them or sell them with real money, or exchange them.

7. Obligations of the user

7.1. The user may only participate in one game of an online game using a user account per server, unless the rules of the game include exceptions. The use of multiple user accounts (“Multi Accounts”) per server is excluded. Hunters of Magic may cancel or block these multiple user accounts at any time.

7.2. As a User, you guarantee that the information provided in your registration and in relation to the use of the Premium Services is true and complete. You agree to notify Hunters of Magic without delay of changes in your data and, upon request, to confirm the correctness of them.

7.3. You agree to respect the stipulations of the conditions of use, the instructions of the Games, as well as our indications and those of our employees, assistants and other workers. This includes administrators and moderators (community administrators, technical support) in the Games forums.

7.4. The user is not authorized to use private servers, that is, those servers in the user’s home or third parties that allow, create or maintain illegal connections to the services offered by Hunters of Magic, in particular through programs, whose use is not authorized expressly by Hunters of Magic or that emulate or attempt to emulate one of the services offered by Hunters of Magic.

7.5. As User you undertake to follow an appropriate code of conduct and you will abstain from everything that endangers or alters the proper functioning of the Games and the harmonious interaction of Users. In particular, it is prohibited:

a) Choose a User Name that violates the rights of third parties (especially intellectual property rights, personal rights, trademark rights, company rights, etc.) or is contrary to good customs, p. ex. violates the religious beliefs of third parties, whether racist or discriminatory. Hunters of Magic expressly distances itself from such behavior.

b) Choose an email address or Internet address as User Name.

c) Usurp the identity of third parties.

d) Use, post, publish or link from third party websites harassing, threatening, offensive or defamatory material, regardless of whether those contents affect other users, our employees or other persons or companies.

e) Use, post, publish or link to third party websites discriminatory content (eg hate speech against groups of people, especially for reasons of race, ethnic origin, religion, disability, sex, age, condition of veteran or sexual orientation), politicians, immoral, pornographic, morally inadequate, indecent, aggressive, exalted of violence, sexist, extreme left or right or contrary to the law, especially attacking the laws of protection of youth and the International Treaty on the protection of youth in the media, or announce, offer or sell such content and products contrary to the law, especially attacking the laws of youth protection.

f) Attempt against the laws in force or incite to it, as well as link contents of that nature.

g) Publish, reproduce, facilitate access or disseminate, without authorization, legally protected contents, especially industrial property rights (eg by intellectual property law, trademarks, patents, models of industrial application or utility) , etc.); Advertise, offer or sell products or services.

h) Start up or incite anti-competitive actions, including progressive client advertising (such as chain, snowball or pyramid systems).

i) Encourage other users to give personal data for commercial or illegal purposes, as well as Access Data.

j) Organize or advertise commercial activities or sales of third parties (also through links), p. ex. announcements, raffles, prizes, competitions, barter, snowball systems.

k) Reproduce or make public the image of another person without the written consent of the affected party.

l) Publish personal and confidential data without having the necessary authorization.

m) Use the Services for commercial purposes.

n) Publish or disseminate contents that cause damage to networks, servers or other infrastructure components, alter their operation or make use of them (eg spread of worms, Trojans, viruses, spyware, access key phishing, etc.) .).

7.6. The deliberate communication of false information, the use or publication of illegal content or the breach of these general conditions or the inappropriate use of the data give us the right to terminate the contract without notice. In addition, we reserve the right to undertake other legal measures.

7.7. We are authorized to delete content generated by users. This provision will be applicable especially for contents that violate these general conditions.

8. Consequences of non-compliance with a provision of this contract

8.1. The User, in case of doubt, must remove the allegedly illegal contents without delay from Hunters of Magic. Hunters of Magic expressly reserves the right to withdraw said content itself.

8.2. Without prejudice to all legal or contractual provisions, Hunters of Magic may take the following measures at its sole discretion, provided there is a real indication that a user has violated these terms of use or any of the applicable additional conditions and rules, to unless the user is not the cause of this infraction:

a) Modify or delete contents,

b) Admonish a user,

c) Disclose the illegal behavior, mentioning the name of the player,

d) Temporarily or continuously block a user’s account and

e) Exclude a user, also for future cases.

8.3. In the event that a user is excluded, they can not register again without having received the prior consent of Hunters of Magic.

9. Granting of rights, Applications software

9.1. The Applications and Games, except for the services available through the browser, require the installation of a software on your terminal (hereinafter, “Application Software”). As a User, you are aware that all the rights of the Software of the Application belong to Hunters of Magic and, eventually, to our licensors. We put this Application Software at your disposal and grant you basic use rights for private use on your terminal. However, the Application Software may not be reproduced, published on the Internet or on a network or stored on data carriers. Neither may be used or used for commercial purposes. In addition, adaptation, decompilation, disassembling and reverse engineering are prohibited, as well as the inducement to third parties to commit these acts or complicity in their execution. We can revoke this grant of rights at any time without giving reasons. In that case, you as a User will be obliged to remove the Application Software from your terminal. Authorization to use the rights granted will end at the latest when your License Agreement expires.

9.2. Yes, in the framework of the Games or forums controlled by Hunters of Magic, you provide information through texts, photos, graphics, videos, links, music, etc. (hereinafter, “content”), you will be granting Hunters of Magic the basic right for free reproduction and dissemination in relation to the Games and forums in an unlimited manner. You will be responsible for that information. Hunters of Magic has no control and will not appropriate that content. Likewise, it does not perform any control. However, if Hunters of Magic is aware of illegal contents or contents contrary to those described in the user’s obligations, these will be eliminated immediately.

9.3. As a User you disclaim all liability, which includes compensation for damages, in relation to claims submitted by other Users or third parties for a violation of their rights caused by your behavior or the contents or data you have published. You will also assume the reasonable costs caused by this situation, especially those derived from the need to hire a legal defense. All other rights and indemnities for damages that correspond to us will remain unchanged. The obligations indicated will not be applicable in case you are not the person responsible for the infringement of the rights. If your content violates the rights of third parties, at our discretion and at your own risk, you will be able to obtain the right to use the contents or present the contents in a way that does not violate the intellectual property rights. If rights of third parties are violated through the use of the Services, the User will immediately abandon the use contrary to the contract or the law at our request.

10. Limitation and liability

10.1. Hunters of Magic is liable in accordance with the legal provisions for damages that may have been caused deliberately or by gross negligence of Hunters of Magic or its agents, as well as personal injuries and damages according to the Spanish laws on Consumer Protection.

10.2. On the other hand, the liability of Hunters of Magic for damages, regardless of the legal justification, is limited according to the following provisions, provided that Hunters of Magic has not subscribed a guarantee that stipulates otherwise:

10.3. In cases of slight negligence, Hunters of Magic will be liable only when this violates essential contractual obligations (basic obligations). The basic obligations are those whose compliance allows the regulatory realization of the contract and is obvious to the user. To the extent that Hunters of Magic is liable for slight negligence, according to her, the liability of Hunters of Magic is limited to the established and foreseeable damages.

10.4. The responsibility of Hunters of Magic for the loss of data and / or programs caused by minor negligence of Hunters of Magic is limited to the current expenses of restoration of losses that would have occurred with the appropriate data security appropriate to the circumstances, implemented by the user. 10.5. The provisions of the previous sections will be applied with respect to the limitation of the indemnification obligation for expenses not necessary.

10.6. Limitations of liability will also apply in favor of Hunters of Magic agents.

10.7. Hunters of Magic will not be responsible for any expenses incurred by the User through the use of services not expressly offered by Hunters of Magic. This is especially true for costs based on data transfers to or from the user’s terminal and for possible user expenses for the use of payment systems.

10.8. For the start of the provision of the services, a malfunction of the existing functions of the services offered by Hunters of Magic will exclude a possible objective liability, that is, Hunters of Magic will respond only to the extent that Hunters of Magic or its agents have caused this malfunction.

11. Applicable law and jurisdiction

11.1. The legislation of the Kingdom of Spain will apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the rules of conflict of laws.

11.2. In case of litigation the discussions will be substantiated and resolved in the Courts and Tribunals of Bilbao, Spain.