Terms & conditions

AGREEMENT REGARDING THE USE of children's educational and entertaining information portal and social network, and children's Internet-game, located at www.rolypolyland.com

This Agreement (hereinafter - Agreement) is executed by adhesion between:
NEWKIDS MEDIA LIMITED, a legal entity, registered under the laws of the Republic of Cyprus, located at the address: Poseidonos, 1, LEDRA BUISINESS CENTRE, Egkomi, 2406, Nicosia, Cyprus, hereinafter referred to as - "Administrator of the Site and the Internet-game", "Administrator", "Site Holder" and
USER (YOU) – a natural person visiting the Site www.rolypolyland.com and accepting the terms of this Agreement by registering on the Site, hereinafter referred to as "User".

1. GENERAL PROVISIONS

1.1. The following terms shall be used and interpreted unambiguously in this Agreement:
Site – children's educational and entertaining information portal and social network, located at www.rolypolyland.com.
Internet-game – children's entertaining site, located at www.rolypolyland.com.  
Administrator of the Site and the Internet-game, Administrator, Site Holder – NEWKIDS MEDIA LIMITED, a legal entity, registered under the law of the Republic of Cyprus, located at the address: Poseidonos, 1, LEDRA BUISINESS CENTRE, Egkomi, 2406, Nicosia, Cyprus.
User – a natural person visiting the Site www.rolypolyland.com.
User’s country of residence – the country in which User predominantly resides, and citizenship in which User has.
If User has more than one foreign citizenship, the country of residence is the country in which User has his/her domicile.
If the User is a stateless person, the country of residence is the country in which User has his/her domicile.

1.2. This Agreement establishes provisions for User's participation in the Internet-game, using facilities of the Site and the Internet-game, User’s rights and obligations, Administrator’s rights and obligations, as well as rules on liability of the Parties to the Agreement, the applicable law (legislation), jurisdiction.
An integral part of this Agreement is the Privacy Policy, available at www.rolypolyland.com/PrivacyPolicy. Acceding to this Agreement, User accepts the terms of the Privacy Policy as binding for User.
User is advised to read this Agreement and the Privacy Policy before registering on the Site and using the services of the Site and the Internet-game.
By registering on the Site and acceding to this Agreement, User confirms that he/she understands and agrees with all provisions set in this Agreement. If User is under 18 years of age and (or) does not understand the terms of this Agreement, User shall discuss the terms of the Agreement with User’s parents or other legal representatives.

1.3. As part of this Agreement, the Administrator shall offer User the services of the Site and the Internet-game, and User, when using the services of the Site and the Internet-game, is obliged to comply with the terms of this Agreement.

1.4. Administrator shall notify Users that the Site and the Internet-game are targeted primarily at children and teen audience, are created and should be used to provide for an information exchange between children and teenagers, peaceful communication, development of social relationships, improvement in various fields of knowledge: science, technology, literature, art, culture, knowledge about the world around, including maintaining an adequate level of awareness about contemporary society and the world events.

1.5. Administrator prohibits the use of the Site and the Internet-game to implement actions that are punishable under the applicable law and entail sanctions, including crimes against the reputation, freedom and human dignity, against sexual integrity and sexual freedom.

2. CONCLUSION OF THE AGREEMENT. REISTRATION ON THE SITE

2.1. In order to be able to fully enjoy the services of the Site and to take part in the Internet-game, User has to register on the site by filling out the required fields on the "Registration" page of the Site (www.rolypolyland.com/GameMain#2).
During the registration User specifies the required information, his/her username (the name of his/her Roly) and password to access the Site and the Internet-game. In addition, to participate in the Internet-game, User creates a character based on image templates from the Site.
If User is under 18 years of age, he/she shall ask for the consent of his/her parents or other legal representatives to use the services of the Site and the Internet-game, both before and after registration.

2.1.1. If User is under 13 years of age, after registration the Administrator will send a confirmation request at the email address of the parents (or other legal representatives) specified by the User, to confirm User's registration on the site as well as the collection, storage, use and processing of personal User data and other private information. If, within 7 days a confirmation from e-mail address of the parents (or other legal representatives) is not received and the User therefore is not authorized, the User may not be allowed to participate in the Internet-game and use other features of the Site that involve collection, storage, use and processing of personal User data and other private information.
If a confirmation from e-mail address of the parents (or other legal representatives) is received and the User is authorized, he/she shall be allowed to participate in the Internet-game and use other features of the Site that involve collection, storage, use and processing of personal User data and other private information. In this case it is considered that the User, his parents, other legal representatives, have provided their consent to the Administrator and to other persons in accordance with the terms of this Agreement to collection, storage, use, processing of personal user data and other private information."

2.2. By registering on the Site, the User acknowledges that he/she has read all the provisions of the Agreement and the Privacy Policy, agrees to them and undertakes to execute them, and if the User is under 18 years of age, that he/she has presented all the provisions of the Agreement as well as the Privacy Policy to his/her parents or other legal representatives.

2.3. If parents, other legal representatives of the User or the User do not agree to any term or condition of the Agreement or the Privacy Policy, User shall quit registration on the Site and leave the Site and the Internet-game. Otherwise, the User, as well as his/her parents and other legal representatives shall not be entitled to present to the Administrator any claims related to the content of the Agreement or Privacy Policy and participation of the User in the Internet-game and use of other services of the Site.

3. USERS RULES OFCONDUCT

3.1. User shall use the content of the Site and the Internet-game only for personal and noncommercial purposes specified in the paragraph 1.4. of this Agreement.
User shall not use the Site and the Internet-game for uncoordinated placement or transferring of advertising, commercial or propaganda messages, as well as messages with any kind of appeal to buy, sell, or otherwise conduct a compensatory transfer or subsidization.

3.2. User shall not use the Site and the Internet-game to download, upload, post or in any other way publish or transfer to other Users the records, documents and photos, messages, which in their form and (or) content violate the applicable laws and regulations, and (or) the international legal acts including without limitation documents and photographs, messages that:
- contain knowingly false information discrediting honor and dignity of other person or damaging their reputation,
- are threatening, libelous;
- violate copyright and other intellectual property rights,
- promote violence, hatred and discrimination against people on racial, ethnic, sexual, social and other grounds,
- promote, call for the use of narcotic and psychotropic substances, alcohol, smoking;
- contain materials of pornographic and erotic nature (including any materials that contain images of nude body, and messages involving sexual topics).
User shall not use the Site and the Internet-game to download, upload, post or in any other way publish or transfer to other Users any records, documents and photos, messages, which contain insulting, offensive, coarse language.

3.3. In case of violation of paragraph  3.2. of the Agreement by the User, the Administrator deletes the content posted by the User, and shall have the right to delete User's personal account or suspend User's access to the Site and the Internet-game until the circumstances of the violation are clarified and the disputes between the User and third parties are settled.

3.4. The Administrator reserves the right in its sole discretion to remove any other information not listed in paragraph 3.2. of the Agreement from the Site and the Internet-game, if it directly or indirectly violates this Agreement and the rights of third parties.

3.5. User shall not use the Site and the Internet-game to download, upload, post or in any other way publish any materials that contain viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or software for unauthorized access, as well as serial numbers for commercial software products and programs for their generation, logins, passwords and other means to gain unauthorized access to paid resources on the Internet, and also placing links to the aforementioned information.

3.6. User agrees to comply with other terms and conditions of this Agreement.

4. PROTECTION OF INTELLECTUAL PROPERTY

4.1. Administrator hereby reserves ownership of all (property and non-property) rights to all results of intellectual activity, protected in accordance with the applicable law, international legal acts, used to create the Site and the Internet-game, which are the content of the Site and Internet-game, including but not limited to: software, which can be expressed in any language and in any form, including source text and object code; databases; design, including character design the Internet-game (every character is unique and has its specific properties), copyright texts , images, photographs, illustrations, audio clips, video clips, as well as rights to the means of identification (trademarks, service marks, trade names).

4.2. User agrees not to violate rights that belong to the Administrator, as specified in paragraph 4.1. of the Agreement, and to use the content of the Site and the Internet-game within the restrictions set forth in this Agreement.

4.3. User is entitled to use the content of the Site and the Internet-game exclusively for participation in the Internet-game and use of other services of the Site and the Internet-game for the purposes specified in paragraph 1.4. of this Agreement.

4.4. Any use of the content of the Site and the Internet-game, not directly authorized by this Agreement in accordance with paragraph 4.3. of the Agreement shall be considered a violation of the rights of the Administrator.
In particular, User shall not perform the following actions regarding the contents of the Site and the Internet-game: sell, exchange, play in a public place open to free access, in a place where a significant number of persons not belonging to a regular family are present, play audiovisual products with professional equipment not intended for home use, transfer contents of the Site and the Internet-game, and (or) rights to the content of the Site and the Internet-game, and (or) to other persons, create derivative works based on the content of the Site and the Internet-game.
User shall under no circumstances make changes to software or databases of the Site and the Internet-game, or make copies of software or databases of the Site and the Internet-game, or decompile the software of the Site and the Internet-game, or get source text and object code thereof, or create derivative software, databases based on software and databases of the Site and the Internet- game.

4.5. By placing on the Site and in the Internet-game or by otherwise providing works of art to the Administrator, including photos, videos, scripts, articles, pictures, computer software and other results of intellectual activity, as well as his own images, User (and parents/legal representatives of the User if the User under 18 years of age) allows the Administrator to use such products and User's images free of charge as under a non-exclusive license (i.e., retaining the User's right to provide other people with a right to use the results of his intellectual activity) with the right to play them in any material form, distribute, modify, create derivative works, transfer, publicly display and perform, communicate to the public, including by cable; processing, bringing to the public. These rights are passed to the Administrator of the Site and the Internet-game for the whole period of the exclusive right, with the right to use in all countries of the world.

4.6. User shall place on the Site the Internet-game photos of third parties only with the consent of the persons depicted in the photographs.

4.7. User shall place on the Site and in the Internet-game, and otherwise use objects protected by copyright or related rights (literary, musical, photographic, graphic works, computer programs, recordings, etc.), other results of intellectual activity only with the consent of their holders.

4.8. Administrator has a right to request and the User shall be required to present documents confirming that User has all necessary rights for placement of materials, including photos, on the Site and the Internet- game.

4.9. Administrator assumes no responsibility in case of violation of copyright, or related rights (literary, musical, photographic, graphic works, computer programs, recordings, etc.), rights to other results of intellectual activity, which was the result of placing the materials on the Site and the Internet-game, as well as in case of violation of the conditions on uploading photos and images of third parties.
In this case, the entire responsibility lies with the User (his parents or other legal representatives).

4.10. Should Administrator receive any complaints and/or claims from third parties concerning the violation of copyright, or related rights (literary, musical, photographic, graphic works, computer programs, recordings, etc.), or of rights to other results of intellectual activities which was the result of placing the materials on the Site, and in the Internet-game, as well as regarding the lack of consent of those depicted in the photographs, User (his parents or other legal representatives) shall take all measures to settle the claims.

4.11. When receiving any of the above complaints and/or claims, Administrator deletes the corresponding materials posted by the User and shall have the right to delete User's personal account or suspend User's access to the Site and the Internet-game until the circumstances of the violation are clarified and the disputes with third parties are settled.

5. RIGHTS AND OBLIGATIONS OF THE ADMINISTRATOR

5.1. Administrator shall provide access to the Site and the Internet-game to any User if the User complies with all conditions and requirements of this Agreement.

5.2. Administrator has a right to suspend or cancel the registration of User and set restrictions, to refuse the use of the Site and the Internet-game to the User in case of violation of the Terms of this Agreement by User.

5.3. Administrator shall have the right, without notifying User, to delete any materials or information posted by the User, if they do not meet standards of the applicable law, international legal acts, or conditions of this Agreement, as well as the right to refuse further use of the Site and the Internet-game, to remove the personal account, if User violates the Terms of this Agreement.

5.4. Administrator shall have the right to change the content of the Site and the Internet-game, the requirements for the access to the Site and the Internet-game as well as the conditions of this Agreement at its discretion.
If public authorities adopt normative legal acts that affect all or a part of the functional opportunities of the Site and the Internet-game, Administrator reserves the right to introduce any changes in the operation of the Site and the Internet-game, aimed at bringing the latter in compliance with such new regulations.

5.5. Administrator does not guarantee uninterrupted or error free performance of the Site and the Internet-game. The Administrator shall take all reasonable efforts and measures to prevent and eliminate the problems that occur.

5.6. Administrator shall not be liable for any delays, interruptions, losses that occur due to defects in any electronic or mechanical equipment not belonging to Administrator, for the problems in data transmission or connection arising through no fault of Administrator, for the quality of public communication channels by which the Site and the Internet-game are accessed, as well as in the case of  blocked access to the Site (the Site thematic section) and to the Internet-game for the User as a result of the actions of third parties.

5.7. When a username and a password to access the Site are not used for more than 1 year, Administrator reserves the right, at its own discretion, to remove the respective User's account, and everything associated with the User's account including the User's paid privileges.

6. Paid membership. PAYMENT Backout

6.1. In addition to the free features of the Site and the Internet-game users can take advantage of paid services (paid membership), including automatically prolonged paid services (automatically prolonged paid membership). All the information about the paid services (paid membership) can be obtained by clicking on the link www.rolypolyland.com/Membership.
If the User has paid money to buy certain paid services of the Site and the Internet-game and afterwards renounces such services, the money paid will not be returned the User, including if the User's account is deleted according to clause 9.2, clause 9.3. of this Agreement, except for the case provided in clause.6.3 of this Agreement.
The money paid will also not be returned to the User in case of the User’s violation of this Agreement, and the following deletion of the User's account by the Site and the Internet-game Administrator according to clause 3.3 of this Agreement, as well as in the case referred to in clause 5.7.

6.3. If the User has used the automatically prolonged paid services (automatically prolonged paid membership), the User can abandon automatic extension and paying for such services only starting from the next period of paid services.
To cancel the automatic prolongation of paid services (automatic prolongation of paid membership), the User needs to fill out the form on the Site, available at www.rolypolyland.com/Membership/CancelSubscription not later than the date of the expiration of the current period of paid services.

7. LIABILITY. LIMITATION OF LIABILITY

7.1. In case of User’s violation of his/her obligations, prohibitions and other terms of this Agreement, such User, his parents or other legal representatives shall be held liable in accordance with the applicable law, including criminal responsibility.

7.2. Administrator reminds Users who have reached the age of eighteen, that in the case if these Users commit acts punishable under the applicable law with respect to persons under the age of eighteen with the use of the Site and the Internet-game, including but not limited to, involving a minor in commission of a crime, coercion to sexual act, depraved actions, these Users shall be held liable, including criminal responsibility.

7.3. If User's actions result in violation of the rights on the content of the Site and the Internet-game that belong to the Administrator, such User, his/her parents or other legal representatives bear responsibility in accordance with the applicable law, including civil responsibility.

7.4. Administrator may present User, his parents or other legal representatives with complaints/lawsuits arising from violation of the rights of the Administrator on the content of the Site and the Internet-game in the order stipulated by the applicable law.

7.5. If the User causes damage to Administrator, the User, his/her parents and other legal representatives shall reimburse the losses to Administrator in full in accordance with the applicable law.

7.6. User, his/her parents and other legal representatives shall be fully responsible in accordance with the applicable law in case of infringement of copyright, related rights (literary, musical, photographic, graphic works, computer programs, recordings, etc.), other rights on the results of intellectual activity, personal non-property rights of authors and the rights of third parties, depicted in photographs (particularly in case of distortion of the image or of the accompanying signature), which resulted from User placing this materials on the Site and in the Internet-game.

7.7. Administrator shall not bear responsibility for violation by User of the applicable law and international legal acts, including violation of the rights of third parties on results of intellectual activity.

7.8. All content of the Site and the Internet-game is available to User in the form supported by the technical opportunities of the Site and the Internet-game, without any additional guarantees of quality, whether explicit or implied, regarding the suitability for use on any types of computer equipment.
Administrator shall not under any circumstances bear responsibility for any kind of damage which may result from the use or inability to use the content the Site and the Internet-game by User.
In other cases, Administrator may be liable for violating the terms of this Agreement, of the applicable law, of international legal acts, of legislation of the User's country of residence (if applicable) only when such violations are through the fault of Administrator (its staff).

7.9. Property responsibility of Administrator to User, his/her parents and other legal representatives shall be proved in court in accordance with the applicable law and in any case is limited to the sums paid to Administrator with regard to User's participation in the Internet- game and his/her use of other Site features.

8. APPLICABLE LAW. JURISDICTION

8.1. The relationships between User and Administrator shall be governed by the laws of the Republic of Cyprus (the applicable law and the applicable legislation are equivalent categories in the text of this Agreement), if the application of laws of the Republic of Cyprus does not directly contradict the conflict rules of legislation of the User’s country of residence (norms determining the applicable law).

8.2. All possible disputes arising from the conclusion, execution and termination of this Agreement, including but not limited to: disputes over protection of intellectual property, inflicting damage to User or Administrator, including those arising from the violation of the terms of this Agreement, as well as in relation to non-contractual violations in the execution of this Agreement, and other disputes shall be resolved in court at the Administrator's location in the Republic of Cyprus in accordance with the procedural legislation of the Republic of Cyprus.

9. FINAL PROVISIONS

9.1. The Administrator reserves the right to unilaterally terminate this Agreement by deleting User's account or to suspend User's access to the Site and the Internet-game in the event of violation by User of the terms of this Agreement and (or) of the applicable law and (or) of the rights of third parties.

9.2. User (his parents, legal representatives) is entitled at any time to terminate this Agreement by sending to Administrator an e-mail request to delete the User's account. If the request is sent from the e-mail address specified by User upon registration, Administrator is not obliged to verify the real intentions of User. If such a request is sent from a different e-mail address, Administrator may but is not obliged to verify the real intentions of User.

9.3. The Agreement shall be deemed terminated with the cancellation of User's account. User shall have no right to submit any claims regarding the termination of the Agreement to Administrator.
In the event of termination of this Agreement by Administrator or User, User shall not be returned the money paid by him/her to access the paid services of the Site and the Internet-game.

9.4. Nothing in this Agreement shall be construed as establishing of agency relationships, partnership relationships, relationships of joint operation, and relationships of employment between User and Administrator or any other paid relationships not explicitly provided for in this Agreement.

9.5. Invalidity of any provision of this Agreement shall not affect the validity of the Agreement as a whole.

9.6. This Agreement may be changed unilaterally by Administrator, and the new version of the Agreement shall come into effect upon its posting on the Site and the Internet-game, unless otherwise stipulated in the revised Agreement.

9.7. The provisions of this Agreement shall be obligatory for all previously registered Users of the Site and the Internet-game.

9.8. The Agreement in its present version is valid from 19.03.2012 and becomes binding upon User upon registration on the Site.