Terms and Conditions and Terms of Use

Last updated: 20.8.2022

1. Scope and subject matter of the Terms of Use

These standard terms of use (hereinafter the "Terms of Use") govern the use of online games and other services, such as forums and support systems, provided by Kateřina Ottová, Jakubské Náměstí 6, Brno 60200, Czech Republic, Company ID: 87643871, osoba podnikající podle práva České republiky. (hereinafter the "Provider").

The purchase agreement and the Terms and Conditions are drawn up in the Czech language. The purchase agreement may be concluded in the Czech language.

The Terms and Conditions do not apply where a person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within the scope of business activities or independent professional practice.

These terms cover the paid acquisition and use of digital goods. "Digital goods" means client software for online games that is already available or will be released later, premium currency, and individual items or items bundled together for online games provided by the Provider.

The services provided are intended exclusively for end consumers. The services may be used either as free online games and services or as online games and services in which certain virtual items and rights can be obtained for payment. In some cases, the services may also be used for a one-time or recurring fee ("membership"). Unless these Terms of Use expressly provide otherwise, they apply accordingly to paid services, including membership.

The Provider is entitled to interrupt the operation of Provider services without prior notice in the event of urgent technical reasons or necessary maintenance work. In all other cases, reasonable prior notice will be provided by appropriate means.

Provider services may only be used in the currently valid version.

Provider services are intended exclusively for consumer entertainment. Their use for profit-making purposes is prohibited. Exceptions require the express prior written consent of the Provider.

The User is responsible for ensuring that the software and hardware used are current and suitable, especially for the use of new versions or other updates to Provider services.

Provider services are subject to the applicable game or usage rules (hereinafter the "Rules"), if any, which set out in detail the ownership and property rights of the Provider. In the event of a conflict between the Terms of Use and the Rules, these Terms shall prevail unless the Rules are given priority in the particular case.

Different user rules or general terms and conditions do not apply.

2 General provisions concerning conclusion of the agreement

To use Provider services, the User must be registered. This does not apply where an exception to the registration requirement is made (for example, "Play right now", "Play now" and similar). The User must always be registered in order to save game progress.

Users must be individual natural persons (groups, families, life partners, etc. are not permitted). Registration must be completed personally. Registration through third parties is not permitted.

Minors may use Provider services only with the consent of the relevant legal representative and if the User has reached the minimum age specified for the applicable age category.

During registration, the User must provide certain information, such as a player name and an e-mail address registered in the User name. The User has no right to be assigned a particular player name. The player name must not infringe third-party rights or applicable law and must not offend public morals. The User is expressly responsible in this respect. An e-mail address or internet address may likewise not be used as a player name. Information provided during registration must be completely truthful and complete. The User must continuously keep the information provided during registration up to date. If necessary for performance of the licence agreement, the Provider may request suitable proof of identity, which will be deleted immediately after verification.

By entering the required information on one of the Provider websites, the User makes an offer to conclude the licence agreement governed here. The Provider accepts the offer by activating the user account. The Provider may make activation of the user account conditional upon verification of the User e-mail address (opt-in procedure). This is done by the Provider sending the User an e-mail confirming receipt of the offer and requesting confirmation of the e-mail address. At the moment of activation by the Provider, a licence agreement is concluded between the Provider and the User in accordance with these Terms of Use. In some cases, the registration process may differ from that described here, especially when registering through third-party websites such as social networks. In such cases, the User will be instructed how to submit the contractual declaration required for the licence agreement.

As an alternative to registration through Provider websites, the Provider may allow registration using corresponding functions of other websites or social networks, for example "Facebook Connect". In this context, after the User grants consent to the operator of the relevant website, personal data may be transferred to the Provider. Use of this type of registration procedure requires the User to be registered on the relevant website or social network in accordance with the rules and regulations applicable there. The provisions of this Section 2 apply accordingly to conclusion of the agreement.

There is no entitlement to registration or activation.

After successful completion of registration, the User creates a user account that can be managed independently. The User may create an account on the Provider portal or on the relevant Provider website. A user account created on the Provider portal may also be used for all other online games connected by the Provider to the Provider portal. Unless otherwise stated when the user account is created, a user account created on an online game page is intended exclusively for that online game on the page where the account was created and cannot be used for other online games. The Provider reserves the right to introduce technical measures, for example a portal, enabling user accounts to be used simultaneously for several Provider services.

A user account may not be transferred or made accessible to other persons without the consent of the Provider.

3 GENERAL OBLIGATIONS OF THE USER

3.1 LOGIN DETAILS, USER NAMES, PASSWORDS

The User must keep login details secret at all times. In particular, the User must use login details only within Provider services and protect them against unauthorised access by third parties.

"Login details" means the personal access details of the User used for authentication and intended to prevent any use by unauthorised third parties. The password must not be identical to the player name and must contain at least eight characters consisting of a combination of numbers and letters.

If the User has any reason to believe that a third party has obtained or may have obtained unauthorised access to these details, the User must immediately inform the Provider and change the details or arrange for the Provider to change them. The Provider also has the right in such a case, or where there are any indications of misuse of the details, to temporarily block access by the User. Use will be permitted again as soon as the suspicion of misuse proves unfounded.

Under no circumstances is the User entitled to use the login details of another user.

3.2 USE OF PROVIDER SERVICES

Provider services contain content of all kinds protected by trademark law, copyright or otherwise protected for the benefit of the Provider or third parties. Unless expressly permitted by the Provider, the User is not entitled to modify, reproduce or publicly distribute Provider services or content made available through them and may not use them for advertising or for any purpose other than the contractually agreed purpose. Reproduction is permitted only where technically necessary for use of Provider services in accordance with the contractual arrangement. Modifying, concealing or removing copyright notices and trademark names is prohibited.

"Content" means all data, images, texts, graphics, musical works, sounds, sound sequences, videos, programs or software code and any other information provided by the Provider. "Content" expressly also includes all service offerings made available for download.

The User must refrain from anything that could endanger or disrupt Provider services and must not access data for which the User has no authorisation.

The User has no entitlement to publication of personal content within Provider services.

It is not permitted to use Provider services through anonymisation services or similar means capable of suppressing or concealing the actual IP address or origin of the User.

3.3 USE OF CLIENT SOFTWARE

In connection with services that require prior installation of client software in order to be used, the Provider grants the User a non-exclusive ordinary right, limited to the duration of the licence agreement, to install and use the client software. The User may reproduce the client software only to the extent necessary to use the software in accordance with the agreement. All forms of commercial use of the software are prohibited. Any modification of the client software or transformation of the supplied program code into other forms of code (decompilation), as well as any other form of reverse engineering of different stages of software production, is prohibited unless necessary to obtain information required to establish interoperability of the client software with other programs and unless the information required to establish interoperability cannot be obtained otherwise, particularly from the Provider, and the relevant data is not used for purposes other than establishing interoperability and these activities are carried out only by the User.

4 SPECIAL CONDITIONS FOR USE OF ONLINE GAMES

Unless the Rules permit exceptions, the User may participate in each round of an online game, for example a world or universe, with only one user account. Use of multiple user accounts is not permitted. The Provider is entitled at any time, at its own discretion, to block or delete accounts used in this manner.

The User must not manipulate the online game in any way. In particular, the User is not entitled to use any measures, mechanisms or software that could interfere with the functionality or course of the game. The User is prohibited from carrying out any activities that could lead to disproportionate or excessive load on technical capacities. The User is not entitled to block, overwrite or modify content generated by the Provider or otherwise interfere with the online game.

The User is also prohibited from running the online game in programs other than an internet browser or the supplied client program. This applies in particular to bots or other tools intended to replace or enhance the web interface. It is likewise prohibited to use scripts and programs that give the User an advantage over other players. This also includes automatic refresh functions and other integrated internet browser mechanisms. Login is permitted only through Provider services and third-party pages integrated by the Provider, for example portals or social networks.

Under no circumstances may the User:

• a) create or use cheats, mods, hacks and/or software that changes the online game experience,
• b) use software enabling "data mining" or otherwise intercepting or collecting information beyond the normal scope of use of the internet service,
• c) purchase or sell virtual items originating from Provider services from or to third parties in exchange for real means of payment, or attempt to exchange such goods or arrange the above transactions.
• c1) An exception in this case is the exchange of digital or printed cards and their NFT tokens.

All rights to virtual items used in online games and obtained for payment belong exclusively to the Provider, except where they are used in accordance with these Terms of Use.

The use of private servers, meaning servers of users or third parties that enable, create or maintain unauthorised connections to Provider services, is not permitted, especially through programs whose use has not been expressly approved by the Provider or which imitate or attempt to imitate Provider services.

5 SPECIAL CONDITIONS FOR USE OF COMMUNICATION TOOLS, ESPECIALLY DISCUSSION FORUMS, CHAT, BLOGS AND COMMENTS

The Provider may make various communication tools available to the User for personal content and contributions, which the User may use subject to the conditions of the applicable availability. In this respect, the Provider supplies only technical means for exchanging information. There is no entitlement to provision of these communication tools.

The User is prohibited from publishing or distributing content, for example images, videos, links, names, texts or titles, within Provider services if it

• a) violates applicable laws or is unethical;
• b) infringes trademarks, patents, copyrights, other industrial property rights, trade secrets or other rights of third parties;
• c) is vulgar, racist, glorifies violence, is pornographic or may corrupt young people or otherwise endanger or impair the development of children and young people;
• d) is insulting, harassing, defamatory or otherwise infringes the personality rights of a natural person;
• e) contains chain letters or pyramid schemes;
• f) creates the false impression that it is provided or supported by the Provider;
• g) contains personal data of third parties who have not consented to its disclosure;
• h) is commercial in nature, especially advertising, or has a political purpose.

The User must also choose appropriate wording and must not distribute any political or religious content or content with sexual undertones.

The Provider does not claim ownership of content provided by users. However, the User grants the Provider a permanent, irrevocable and non-exclusive right to use content and contributions provided by the User within Provider services. The Provider states that submitted content is, at best, subject to random checks, but this is not a reliable method of control. The User also has the option to report potentially unlawful content to the Provider. The Provider will then respond without undue delay and, where necessary, modify or remove the reported content.

6 CONSEQUENCES OF BREACH OF OBLIGATIONS

If the Provider objects to certain content, the User must, in case of doubt, remove it immediately. The Provider reserves the right to remove such content itself.

Without prejudice to any other statutory or contractual rights, especially the right to terminate for cause under Section 8 of these Terms of Use, the Provider may at its discretion take one or more of the following measures where circumstances indicate that the User has breached these Terms of Use or applicable supplementary terms and Rules, even if the User is not responsible for the breach:

• a) modify or remove content,
• b) warn the relevant User,
• c) announce the violation in the relevant online game and publish the player name,
• d) temporarily block the user account, and
• e) exclude the relevant User, including for future cases.

Once the User has been excluded, a new user account may not be registered without the prior consent of the Provider.

7 DISCLAIMER OF LIABILITY

The Provider is liable in accordance with statutory provisions for damage/loss suffered by the User and caused intentionally or through gross negligence by the Provider.

Otherwise, the liability of the Provider in relation to claims for damages, regardless of the legal basis, is limited in accordance with the following provisions unless otherwise provided under a guarantee given by the Provider:

• For damage/loss caused by ordinary negligence, the Provider is liable only where material contractual obligations are breached. Material contractual obligations are contractual obligations whose performance is essential for proper performance of the agreement and on the fulfilment of which the User would rely. Where the Provider is liable for ordinary negligence on this basis, the liability of the Provider is limited to damage/loss that is foreseeable and typical for this type of agreement.
• The liability of the Provider in relation to data and/or programs lost as a result of ordinary negligence by the Provider is limited to the usual recovery costs that would have been incurred by the User if regular data backups had been performed under normal circumstances.

The provisions set out in the preceding paragraphs apply accordingly to the obligation to compensate damage under the Civil Code.

The above disclaimers of liability also apply for the benefit of representatives of the Provider.

The Provider is not liable for any costs incurred by the User when using services that are not expressly offered by the Provider itself. This applies in particular to costs arising in connection with data transmission to and from the User end device, as well as any costs incurred by the User when using payment systems.

Any form of strict liability is excluded with regard to defects in Provider services already existing at the beginning of provision of the service.

8 CONTRACT TERM, DELETION OF USER ACCOUNTS

Unless expressly stated otherwise during registration, the agreement for provision of Provider services is concluded for an indefinite period. If no fixed term has been agreed, both parties are entitled to terminate the agreement at any time without stating a reason with two weeks notice. If a fixed term has been agreed, the agreement may be terminated without stating a reason only after expiry of that term. If no notice of termination is given, the relevant fixed-term agreement is automatically extended by the originally agreed term.

The Provider has the right to terminate the agreement immediately if there is a serious reason. A serious reason exists if:

• a) the User is in arrears with payment of fees and fails to pay them despite receiving a reminder, or unlawfully uses paid Provider services,
• b) circumstances exist indicating that the conduct of the User significantly and negatively affects the game experience of other users,
• c) the User violates the law, the provisions contained in Sections 3, 4 or 5 of these Terms of Use, applicable supplementary terms and/or Rules, even if the User is not responsible for the violation.

Every cancellation/termination of the agreement must be notified in writing. Cancellation issued by e-mail satisfies the written-form requirement. Cancellation may also be carried out using a function integrated into the website of the relevant online game.

The Provider is entitled to delete a user account if grounds exist, for example if user accounts without membership remain inactive for a longer period. The relevant grounds and conditions for deletion of user accounts can be found in the Rules, if any, of the relevant online game. The Provider is also entitled at its own discretion to delete user accounts after termination of the agreement.

If the Provider terminated the licence agreement for reasons for which the User is not responsible, or if the Provider ceases operation of the relevant Provider services before the termination becomes effective, the User is entitled to request the equivalent value of paid Premium membership credit still remaining on the user account, or the remaining membership period. Cards on the player account will be deleted without compensation.

Unless expressly stated otherwise, each individual purchase of digital goods is always a new Purchase Agreement under Section 12.

9 GOVERNING LAW, COURT

The contractual relationship is governed by Czech law.

10 ENTIRE AGREEMENT CLAUSE AND OTHER PROVISIONS

The User is entitled to set off claims only if the claim is legally enforceable, based on a final decision, or has been approved by the Provider or is undisputed. The User may exercise a right of retention only if the claims have been established under this agreement.

The Provider generally communicates with the User by e-mail unless otherwise provided in these Terms of Use. The User must ensure that the e-mail address used for registration is checked regularly for messages from the Provider. If the User contacts the Provider, the User must specify the relevant online game and user account. If the Provider makes a technical support system available to the User, the Provider may instruct the User to communicate exclusively through this system in support matters.

If any individual provisions of these Terms of Use prove invalid, the remaining provisions remain valid. The invalid provision will be replaced by the applicable statutory provision.

11. CHANGES TO THESE TERMS OF USE

We reserve the right to amend these Terms of Use at any time in accordance with this provision. If we make changes to these Terms of Use, we will publish the revised Terms of Use on the website and update the "Last updated" date at the top of these Terms of Use. If you do not agree with the revised Terms of Use, you may cancel your account. If you do not cancel your account before the effective date of the revised Terms of Use, your continued access to or use of the Website will be subject to the revised Terms of Use.

12. PURCHASE OF DIGITAL GOODS

Unless expressly stated otherwise, each individual purchase of digital goods is always a new Purchase Agreement.

The User may purchase rights to use a piece of software that is either already available or will be released later, allowing installation and use of an online game offered by the Provider either at the time of purchase or later.

The Provider will then make the client software of an already available online game available to the User for download. If the online game is not available when rights of use are purchased (pre-order), the Provider will state the release date on the order page and provide access at that time.

The release date should be regarded as a non-binding delivery date. Where justified, especially for the purpose of resolving problems, the Provider is entitled to postpone the release date to a date no later than three months after the originally stated release date.

The User agrees to conclude an agreement to purchase rights to use client software by selecting the client software, or a package including client software and other digital goods, for the relevant online game on the store pages offered by the Provider and clicking the relevant "Buy" button or a similarly labelled button.

The agreement is concluded when the Provider sends confirmation of the agreement to the e-mail address specified by the User. The licence agreement may also be concluded when the Provider creates a user account and links it to the e-mail address specified by the User after completion of the payment process. The Provider will indicate this in such individual cases.

The content and scope of the concluded licence agreement are set out in Section 3 of the Terms of Use.

The User may purchase virtual currency whose use is restricted to the user account from which the payment process was completed. This premium currency or digital items may have different names in each online game.

The User agrees to conclude an agreement to purchase premium currency by selecting the offer to be purchased from the store page provided by the Provider and then clicking the relevant "Buy" button or a similarly labelled button.

The agreement is concluded when the Provider credits the premium currency to the User account.

By crediting premium currency to the user account, the Provider grants the User an ordinary, non-transferable right limited by the contractual term to obtain virtual goods ("store items") or premium services offered by the Provider in the relevant online game, as described in more detail in the game itself, provided that the premium currency available on the user account is sufficient for the purchase. The "premium currency" will be deducted from the user account in an amount corresponding to the value of the store item or premium service.

The right of the User to acquired premium currency ends together with termination of the licence agreement governed by the Terms of Use. Where the user account is blocked under Section 6 of the Terms of Use, the Provider is entitled to refuse exercise of this right for the duration of the block.

The right to use store items or premium services acquired under Section 12 ends together with termination of the licence agreement governed by these Terms. The User has no entitlement to use store items or premium services for a minimum period unless a minimum period was specified in the description of the store item or premium service at the time the purchase was made.

The User may purchase virtual items and premium services either individually or in a package. These items and premium services may be used only within the relevant online game and generally only for the user account that made the payment. The only exception is items transferable under the stated circumstances to another game account. The User has the right to use such items only if they were acquired in accordance with these Terms of Use.

The User agrees to conclude an agreement to purchase an item or premium service by selecting the item or premium service to be purchased from the store page provided by the Provider and then clicking the relevant "Buy" button or a similarly labelled button.

The agreement is concluded when the Provider credits the items to the User or provides the premium services.

The right to use items or premium services ends together with termination of the licence agreement governed by the Terms of Use. The User has no entitlement to use items or premium services for a minimum period unless a minimum period was specified in the description of the item or premium service at the time the purchase was made.

The purchase of the relevant digital goods and premium services is made through payment service providers integrated by the Provider, who generally offer the User various methods of payment ("payment methods"). The User may select a preferred payment method from those available and acknowledges that the agreement for execution of the transaction concluded with the preferred payment service provider will generally be based on the terms of that provider.

Unless the statutory right of withdrawal has been effectively exercised, reimbursement for unused premium currency or the remaining unused membership period is possible only in accordance with Section 8 of the Terms of Use.

If the statutory right of withdrawal has been effectively exercised, the Provider will make the refund using the same means of payment used by the User. If this is not possible, the refund will be sent to the bank account of the entitled person.

The Provider will refund received funds to the User by another method only if the consumer has agreed to it and if no additional costs arise for the consumer.

12.1 SPECIAL CONDITIONS FOR PURCHASE OF DIGITAL GOODS - PLAYING CARDS

Each purchase results in a new issue of cards.

The description, visual appearance and functions of cards may change, but always so that the new functions of a card correspond to its value. The User agrees that this does not change the value of the card.

Some cards may temporarily have no assigned visual appearance. A visual appearance may be added later and the User agrees that this does not change the value of the card.

The functions of some cards may not be made available in the game. Such a card cannot be applied or consumed. The User may keep it until the function is made available, or may exchange it for another card of the same value. A selection will be provided upon request through technical support at https://outspacegame.com/support/.

Cards that are changed in the game may be exchanged for other random cards of the same type, or for a card offered by the Provider as a possible alternative at the time of exchange. This offer may be made upon request through technical support at https://outspacegame.com/support/.

13. WITHDRAWAL FROM THE PURCHASE AGREEMENT WITHIN 14 DAYS

Unless this is a case in which withdrawal from the purchase agreement is not possible, the buyer (User), in accordance with Section 1829(1) of the Civil Code, has the right to withdraw from the purchase agreement within fourteen (14) days of receipt of the goods. Where the purchase agreement concerns several types of goods or delivery in several parts, this period runs from the date of receipt of the final delivery of goods.

Withdrawal from the purchase agreement must be sent to the seller within the period specified in the preceding sentence.

The buyer may send the withdrawal from the purchase agreement, among other methods, to the address of the seller place of business or to the seller e-mail address.

In the event of withdrawal from the purchase agreement under Article 13 of the Terms and Conditions, the purchase agreement is cancelled from the outset.

If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller.

If the User withdraws from the agreement, the Provider will return, without undue delay and no later than fourteen days after withdrawal, all funds received from the User under the agreement, including delivery costs, using the same method.

No fee will be charged for the refund.

The Provider will refund received funds to the User by another method only if the consumer has agreed to it and if no additional costs arise for the consumer.

At its own discretion, before a specific purchase by the User, the Provider may require the User "Consent to contractual performance before expiry of the withdrawal period", by which the User waives the right to withdraw from contractual performance within 14 days under Section 1829(1) of the Civil Code. Where this consent is required, it is always a condition for carrying out the specific purchase. A purchase cannot be made without such consent, and every purchase made while such consent was required will be regarded as a purchase made with this consent.

The Provider will require the "Consent to contractual performance before expiry of the withdrawal period", without limitation, in the following cases:

• a) The User has already exercised a right to withdraw from a purchase agreement in this or another game of the Provider.
• b) The User is marked as high-risk by the payment service provider.

13.1 WITHDRAWAL FORM

14. EXERCISE OF RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

The period for exercising rights arising from defective performance begins on the date the buyer receives the goods.

The period for exercising these rights is 12 months.

The Provider is liable only for defects in delivery of digital content.

Digital content is considered delivered at the moment it is unlocked in the game (opening a card pack, crediting cards to the list of available cards in the pack).

The characteristics of digital items used during the game are not considered defective performance. Such characteristics may have different effects at different stages of the game, or their characteristics may change as part of changes to the game rules made by the Provider. Some digital items may be prohibited in certain parts of the game.

A defect in performance may be claimed at support@outspacegame.com. The Provider will arrange correction of the performance without undue delay. If correction is not possible, the acquirer may withdraw from the agreement.

14. COMPATIBILITY

The game can be played on a computer with Linux or Windows operating system, with an internet connection, using a current version of the Chrome, Firefox or Edge internet browser.

Minimum requirements:

• 2 GHz processor
• Graphics card supporting OpenGL and WebGL technology
• 1 GB free HDD space
• 4 GB RAM
• 50 Mb/s internet connection
• Native display resolution of at least 1200px x 1200px

15. STREAMING AND CONTENT CREATION

The Provider expressly permits users to record, stream, broadcast and otherwise publicly distribute gameplay and related audiovisual content created while using Provider services, including monetisation through third-party platforms, for example advertising, subscriptions and donations.

This permission is non-exclusive, royalty-free and unlimited in time for the duration of the licence agreement.

The User must ensure that such content:

• does not damage the good name, reputation or brand of the Provider,
• does not create the misleading impression that it is officially supported, approved or operated by the Provider where this is not the case,
• is not misleading, defamatory, hateful, unlawful or contrary to these Terms of Use,
• does not contain game modifications, cheats, hacks or other prohibited interference with the game environment.

The Provider reserves the right to require removal or modification of content that conflicts with this provision.

The application is used by logging in through an internet browser on the application website https://outspacegame.com, or at other stated addresses.

15. CONTACT

You can contact us at support@outspacegame.com