Terms Of Service

The relationship between you and GoWar, regarding your use of the GoWar social game and the GoWar website (hereinafter both referred to as the Service), is governed by this Terms of Service and by GoWar’s Privacy Policy, which shall be deemed as incorporated herein by reference. For the purposes of these Terms of Service, GoWar means GoWar Srl, Via Sile 41, 31056 – Roncade (TV).

Please be aware that by accessing the GoWar website and/or by registering or installing the GoWar social game on your device, you will accept GoWar’s Terms of Service and Privacy Policy and consent to the collection, storage and use of your personal data in compliance with its Privacy Policy www.playgowar.com/privacy.
Any use of the Service in violation of these Terms of Service is strictly prohibited and may subject you to liability for violations of law.

Accessing the service

By accessing the Service, you warrant and represent to GoWar that you are legally entitled to do so and to make use of the Service and its contents and you acknowledge to be the sole responsible for your use of the Service.

In order to play with GoWar, you are required to have an account with the applications provided for your mobile device and a valid Facebook account through which you will be connected to the Service. Please remember that you are the sole responsible for keeping your account password secure; therefore, you are responsible for anything that happens through your account’s use of the Service.

You must provide all equipment and software necessary to connect to the Service, including a mobile device that is suitable to connect with and use the Service.
Although GoWar provides the Service free of charge, when accessing the Service you might incur in fees, e.g. internet connection or mobile fees. Please remember that you are solely responsible for any fees that you might incur while accessing the Service.

Use of the service

The Service and its contents are copyrighted works owned by GoWar. GoWar reserves and retains all rights thereupon, including (without limitation) all intellectual property rights or other proprietary rights in connection with the Service and its contents; therefore, you waive to claim any right or title in or to any content of the Service and you acknowledge that you have no right or title in connection with the contents of the Service. The Service should not be construed as granting any license or right to use any intellectual property or proprietary right without the prior written permission of GoWar, except for what expressly provided thereafter.

Subject to your acceptance of these Terms of Service and your compliance thereto, GoWar grants you hereby a non-exclusive, non-transferable, royalty-free, revocable limited license subject to the limitations described thereafter to access and use the Service by means of a web browser and/or a mobile device, for the sole purpose of your own non-commercial entertainment. You are not allowed to use the Service for any other purpose, nor to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell and/or use in whatever other way any content of the Service.

You hereby grant GoWar a perpetual, royalty-free, irrevocabile, worldwide, non-exclusive and unlimited license, including the right to sublicense and assign to third parties, and the right to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell and/or use in whatever other way the contents you might share through the Service. You hereby waive any moral rights thereof.

Restrictions

The following restrictions shall apply to your use of the Service:

you must be 13 years or older to use the Service;
you shall not use the Service in connection with any violation of any applicable law or regulation;
you shall not use the Service to engage in any illegal conduct or for any unauthorized purpose;
you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or use in whatever way the contents of the Service;
you shall not use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, or use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service;
you cannot modify, adapt or hack the Service or modify another website as to falsely imply that it is associated with GoWar;
you shall not modify or cause to be modified any files that are a part of the Service;
you must not transmit any worms or viruses or any code of a destructive nature;
you shall not attempt to gain unauthorized access to the Service or to other users’ accounts;
you can not have several accounts. A breach of this rule can result in an immediate freeze or deletion from the game;
you must ensure that the password you received for your access is kept secret. Give your user name and password to other players and let they play with your account is forbidden;
you can not log in with two or more devices at the same time;
you can not do fakes on your location for any reason;
you must not access GoWar’s private API by any other means other than the GoWar application itself;
you must not crawl, scrape, or otherwise cache any content from GoWar, including but not limited to users profile and photo;
you shall not use the Service to share any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity;
you must not or attempt to abuse, harass, threaten, impersonate, defamate, offend or intimidate other users of the Service or any other person or entity;
you shall use the Service only for non-commercial purposes; in particular, you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, repetitive messages and/or unwanted e-mail or comments (spim and spam) to any GoWar user;
you shall not use the Service if you have been previously banned from using the Service;
you shall comply with the terms of service and the privacy policy of Facebook and of the Apple Store, as well as with these Terms of Service and GoWar’s Privacy Policy.

Liability

If you access the Service, you will warrant and represent to GoWar that you are legally entitled to do so and to make use of the Service and its contents and you will acknowledge to be the sole responsible for your use of the Service, for your conduct and for any content that you might submit, post, display and/or share through the Service.

When you use the Service, it is at your sole risk.

By transmitting, posting and displaying any content while using the Service, you acknowledge and warrant that such sharing is not confidential and not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised thereof.

GoWar may in no event be hold responsible and disclaims all liability for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your use of the Service, and it assumes no responsibility for monitoring the Service for inappropriate content or conduct. Moreover, GoWar may in no event be hold responsible for the conduct of third parties, including other users of the Service.

GoWar shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond GoWar control.

You agree to indemnify, save and hold GoWar, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service and any violation by you of these Terms of Service and/or the enforceable law.

Your personal data

The personal data that you may provide to GoWar when accessing the Service or afterwards will be used by GoWar in compliance with its Privacy Policy “www.playgowar.com/privacy”. You shall communicate real and complete information to GoWar and update it as soon as it changes.

Disclosure

You expressly agree that GoWar has the right, at all times, and at its sole discretion, to disclose any information (including your personal data) in response to legal process (e.g., a court order), or to allow GoWar to satisfy any applicable law, or to protect GoWar legal rights and remedies, or in other circumstances in which GoWar believes that the Service is being used in the commission of a crime and for the sole purpose of reporting the same to the competent authority, or when it is necessary to render the Service you have requested.

Use of the market

In order to live a better social gaming experience, you can buy virtual goods (e.g. special weapons) from the Market. Please be aware that this service is provided to GoWar’s users by Apple and the AppleStore and is therefore ruled by their Terms of Service and their Privacy Policy. You are required to read the aforementioned documents before using the Market.

Changes to the terms of service

GoWar may, at any time, modify or terminate the Service for any reason, as well as change, modify, add or remove portions of these Terms of Service and/or its Privacy Policy by posting the amended Terms of Service and/or Privacy Policy on the Service. You are accordingly advised to consult the Terms of Service each time you view and use the Service at www.playgowar.com/legal. If the alterations constitute a material change to the Terms of Service, we will notify you via e-mail according. What constitutes a material change will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

You will be deemed to have accepted such changes by continuing to use the Service; if you do not agree to any point of GoWar’s Terms of Service and/or Privacy Policy, you should immediately stop using the Service. This agreement may not be otherwise amended unless in writing and with the signature of both you and GoWar.

You acknowledge that the Service is an evolving one. Please note that GoWar might publish additional policies related to specific services that may be provided in the future. Your use of such services, if any, will be subject to those specific policies and these Terms of Service.

Miscellaneous

You expressly agree that the Service is provided “as it is”, without warranties of any kind.

Although the Services is normally available, there will be occasions when the Services might be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of GoWar.

GoWar reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by GoWar in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, GoWar encourages you to maintain your own backup of your content. In other words, GoWar is not a backup service. GoWar will not be liable for any modification, suspension or discontinuation of the Service or for the loss of any content.

GoWar reserves the right to refuse the Service to anyone, for any reason, at any time.

The failure of GoWar to require or enforce strict performance by you of any provision of these Terms of Service or its Privacy Policy, or the failure to exercise any right under them, shall not be construed as a waiver of GoWar’s right to assert or rely upon any such provision or right in that or any other instance. Moreover, the express waiver by GoWar of any provision, condition or requirement of these Terms of Service or its Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You and GoWar agree that if any part of these Terms of Service or of GoWar Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

GoWar may assign or delegate these Terms of Service and/or its Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Service or GoWar Privacy Policy without GoWar prior written consent, and any such unauthorized assignment and delegation will be ineffective.

Your relationship with GoWar in relation to the Service is subject to the Italian Law. Shall any dispute arise in connection with your relationship with GoWar and/or the Service. The exclusive venue shall be the Court of Treviso (Italy).

These Terms of Service, the supplementary policies (if any) and GoWar Privacy Policy constitute the entire agreement between you and GoWar and supersede all prior understanding between you and GoWar thereto Without limiting any other remedies, failure to comply with any of these Terms of Service or any GoWar’s doubt thereto will result in the termination of your GoWar account.