/ Terms & conditions

TERMS OF USE

By using this Digital Content, you enter into a contract with us by which we provide free information and entertainment to you on this Digital Content. IF YOU DO NOT AGREE TO BE BOUND BY THIS CONTRACT, DO NOT USE THIS DIGITAL CONTENT.

By submitting User Content, you grant us a license to your submitted content, as further detailed below. IF YOU DO NOT WANT TO GRANT US A LICENSE TO YOUR SUBMITTED CONTENT,
DO NOT SUBMIT ANY CONTENT!

Some parts of the Digital Content are only available to you if you are 18 YEARS OLD or older; by accessing those parts you warrant that you are actually 18 years old or older.

1. Definitions

Throughout the present agreement, the words listed in this clause, as well as their grammatical equivalents and derivatives, shall have the meanings defined in this clause, whether or not they are capitalized.

Agreement

the present “Terms of Use”, including any schedules, annexes thereof as well as any future modifications, corrections, and amendments thereto, as well as

  • Privacy & Personal Data Protection Terms (available here: https://sqillerapp.com/Privacy-DPTerms-SqillerBetaTesters.pdf)
  • Webshop Terms & Conditions (available here [PENDING])
  • any other contract or offer posted on the Digital Content

In case of contradiction between any of these and/or the body of the Agreement, the latter shall prevail.

App

the “Sqiller” program

Applicable Law

laws, regulations, obligatory rules issued by government or professional entities, relating to the subject matter of this Agreement, and in force in the Grand-Duchy of Luxembourg and the European Union

Digital Content

either the App or the Website

Licensee / You

the person or entity using the Digital Content

Licensor / Us / We

Teqball Holding S.à r.l., incorporated in Luxembourg with registration number B 191.050, whose registered office is at 44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand-Duchy of Luxembourg

Party

either the Licensor or the Licensee

Parties

the Licensor and the Licensee

Purpose

entertainment and/or information within the context of and during the use of the Digital Content, or, in relation to the Webshop, for the purpose of purchasing Teqball Products

Teqball IP

intellectual property owned by, or licensed to, Licensor, pertaining to items listed in Schedule 1: Teqball IP, whether appearing online, downloaded, or offline

Teqball Products

the products available for purchase on the Webshop

Third Party IP

intellectual property owned by third parties and licensed to Licensor, pertaining to items listed in Schedule 2: Third Party IP

User Content

any content, data, or information submitted by you to or via the Digital Content, including simply by using the Digital Content, as further defined in Schedule 3: User Content

Using

execution of, or access to, the Digital Content or an element thereof, for example: directly, indirectly (for example, through another web site) , manually (for example, by typing the address, following a link, or opening a file off-line) , automatically (for example, through a program permitting the automatic generation or extraction of content)

Venue

Grand-Duchy of Luxembourg

Website

all content situated on the areas of the drives of the servers that are accessed by the web address whose root domain also contains the present Agreement

Webshop

section of the Website accessible here [PENDING]

2. Contracting Principles

2.1. Entire Agreement: With respect to its subject matter, this Agreement constitutes the entire agreement between the Parties and supersedes all previous negotiations, agreements and commitments between them, whether oral or written.

2.2. Modifications: This Agreement, the Digital Content, the Teqball Products and related prices, and/or the Teqball IP, can be modified or withdrawn by us at any time and at our discretion, without notice, and with immediate effect.

2.3. Severability: If any term of this Agreement is invalid, void or unenforceable, the Parties agree that the other provisions therein shall remain binding between them. If such remaining terms are insufficient to organize a workable contractual relationship achieving the Purpose, the Parties shall substitute clauses that achieve this result and that are as close as possible to the original terms.

3. Rights & Obligations

3.1. Licensor

3.1.1. Grant of Limited License: The Licensor grants a personal, non-transferable, temporary, non-exclusive license to the Licensee to use the Teqball IP for the Purpose, and under any other conditions specified in this Agreement. Nothing in this Agreement shall be construed to grant any title or rights (including ownership) in the Teqball IP to the Licensee other than the limited right to use specified in this clause.

3.1.2. Technical Support: The Licensor shall provide free limited technical support via emails in response to a support request sent to info@sqillerapp.com (if relating to the App) or info@sqillerapp.com (if relating to the Website) or in another format triggered within the Digital Content. Support is provided as a complimentary service to improve your user experience ; it shall not in any way alter the provisions of clause 5 Warranty.

3.1.3. Privacy & Personal Data: The Licensor shall protect your privacy and personal data, as further detailed in the Privacy & Personal Data Protection Terms available here: http://sqillerapp.com/privacy-policy.

3.2. Licensee

3.2.1. Use of Limited License: The Licensee shall use the licensed Teqball IP strictly for the Purpose and in accordance with the terms of this Agreement and any applicable law protecting our intellectual property, including the Applicable Law. For the avoidance of doubt this license does not include the right to
3.2.1.1. reproduce, disseminate, copy, modify, edit, improve, adapt, translate, multiply, integrate into or extract the entire content or any part of the Teqball IP, create derivative work therefrom, publicly perform or display, make available, import, broadcast, transmit, sell, distribute or communicate it to the public or third parties,
3.2.1.2. make any reference to the Licensor, members of its corporate group, or the personnel thereof, in any communication to third parties, or
3.2.1.3. use the Teqball IP in promotional or marketing material, press releases, public announcements or advertisements.

The Licensee shall treat any content that is submitted by third parties in a form similar to User Content in a confidential manner and with the same restricted license to use as if it were Teqball IP.

3.2.2. No Claim on Teqball IP: The Licensee acknowledges that the Licensor is the owner and/or beneficial holder of all right, title and interest in and to the Teqball IP as well as the goodwill appurtenant thereto or which arises therefrom.

3.2.3. No Hacking: The Licensee shall not do or attempt to do the following - or any similar - actions in connection with the Digital Content or any associated servers or infrastructure:

  • hacking
  • penetration testing
  • overload associated servers
  • tamper with security mechanisms
  • decompile, reverse engineer, decode or otherwise reveal any code that is not visible through the default version of mainstream consumer web browsers (e.g. Firefox, Explorer)
  • sniff information transiting to/from/through the Digital Content.

3.2.4. Third Party IP: The Licensee shall use Third Party IP in accordance with the terms of any copyright or agreement referenced in Schedule 2 : Third Party IP or available online.

3.2.5. User Content: by submitting User Content, you consent to grant us a global, perpetual, unlimited, transferable, royalty-free, clear, license to use any (i) any image or other personality rights and (ii) any intellectual property, in or arising from the User Content, and, to the greatest legal extent allowed, all other rights in and arising from such.

For the avoidance of doubt, this shall include the rights to reproduce, disseminate, edit, analyze, improve, modify, copy, translate, integrate into or extract the entire content or a part thereof, create derivative work therefrom, adapt, publicly perform or display, make available, import, export, broadcast, transmit, sell, distribute, communicate it to the public or third parties, including in promotional or marketing material, make press releases, public announcements or advertisements, all with or without attribution.

By submitting User Content, you warrant that

  1. you are aware and accept that the only and sufficient compensation for the transfer of the aforementioned rights is the chance to publicize your User Content through the Digital Content, rise through in-game rankings, participate in competitions with or without prizes, be amongst the first to use the digital content, and/or compete with remote opponents, as applicable;
  2. you are aware accept that your rankings – including low rankings – will appear in your profile publicly, and include any image, name and/or country you chose to associate with your profile;
  3. you are aware and accept that we may monitor your User Content, your interaction with other users, and/or your use of the Digital Content;
  4. the User Content is owned by or licensed to you, and that submitting it through or using it in connection with the Digital Content does not violate any applicable law or regulation.

3.2.6. Licensee Account: Some functionalities of this Digital Content may require the creation of a personal account associated with your personal data and your use on the Digital Content. It is the Licensee’s entire responsibility to keep the login details secret. This account is personal to the Licensee and may not be shared with anyone else. If, in breach of this obligation, the Licensee allows someone else to use their account, the Licensee is - beyond their personal contractual liability - responsible for any consequent action or omission of such third party as if such action or omission were the Licensee’s own action or omission.

3.2.7. Confidentiality: Information whose nature or marking indicates that it may be confidential to us shall be used exclusively for the performance, enforcement, termination and/or disputes relating to this Agreement, and shall be held by you in strictest confidence and not disclosed to any third party. Your obligations relating to divulging or protecting confidential information shall remain in effect for (i) a further 7 (seven) years after the Term or (ii) until that information may reasonably be considered as no longer confidential, whichever is longer.

3.2.8. Information: Licensee shall, as soon as practicable, inform Licensor about any breach of confidential information, any unauthorized access to its account, and any inappropriate content or Third Party IP it encounters.

4. Term

4.1. Term & Termination

This Agreement is entered into for an indefinite term. This Agreement can be terminated by us at any time, without notice, and with immediate effect.

4.2. Effects

4.2.1. No Indemnity: Termination of this Agreement or your access to the Digital Content shall not give rise to any indemnity.

4.2.2. Other Effects: Termination of this Agreement shall also terminate your access to the Digital Content and you must immediately stop using the Digital Content and any Teqball IP.

4.2.3. Survival of clauses: clauses of this Agreement whose terminus ad quem is not specified therein shall survive, as long as their object is extant and as allowed under Applicable law, after termination of this Agreement.

5. Warranty

THIS Digital Content IS PROVIDED “AS IS” AND WE DECLINE AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTY OR OBLIGATION TO ENSURE

  • FITNESS OF USE OR MERCHANTABILITY
  • FUNCTIONALITY
  • ACCURACY
  • NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
  • AVAILABILITY OF THE DIGITAL CONTENT
  • AVAILABILITY OF TEQBALL PRODUCTS
  • FREEDOM FROM VIRUSES, BUGS, OR MALWARE
  • COMPATIBILITY WITH ANY HARDWARE, SOFTWARE, OR OPERATING SYSTEM

6. Liability

WE DECLINE ALL LIABILITY FOR DAMAGE INCURRED AS A RESULT OF THE USE OF THIS DIGITAL CONTENT, FROM THE PRACTICAL IMPLEMENTATION OF THE INFORMATION AVAILABLE THEREON, OR FOR OUTSIDE CONTENT ACCESSIBLE VIA LINKS OR REDIRECTS ON THIS DIGITAL CONTENT.

THE PHYSICAL ACTIVITIES THAT MAY BE PRESENTED ON THE DIGITAL CONTENT ARE STRENUOUS AND REQUIRE A CERTAIN LEVEL OF PHYSICAL FITNESS. IF YOU CHOSE TO ENGAGE IN SUCH ACTIVITY, YOU DO SO AT YOUR OWN RISK AND WE DECLINE ANY LIABILITY FOR RESULTING INJURY OR DEATH.

We are not liable for consequential damage or loss (including, but not limited to, loss of sales, loss of profit, loss of revenue, loss of data, anticipated savings, loss of goodwill, business interruption, reputational damage, legal fees) under this Agreement, even if we have been advised of such possibility.

In any event, the Parties agree that our maximum liability under or related to this Agreement is limited to $500 (five hundred USD).

7. Governing Law & Jurisdiction

7.1. Applicable Law

This Agreement, all matters arising from it, including disputes, and the relationship of the Parties relating to this Agreement, are governed by the Applicable Law.

7.2. Venue & Injunctive Relief

Without prejudice to any applicable law allowing a consumer to choose a different venue, the Parties submit to the exclusive jurisdiction of the competent courts in the Venue for all proceedings relating to this Agreement, all matters arising from it, including disputes, and the relationship of the Parties relating to this Agreement.

Nevertheless, you recognize that a breach of this Agreement may cause irreparable harm to us and that actual damages may be difficult to ascertain or inadequate in such cases. We will thus have the right to enforce this Agreement by injunction, specific performance, or other equitable relief, without a requirement to prove actual damages and without prejudice to any other rights and remedies that we may have otherwise.

8. Schedule 1 : Teqball IP

the Digital Content, and all its content, including

  • trademarks
  • designs
  • computer code
  • the mastheads
  • the domain name
  • the interface and its components (e.g. menus)
  • the choice of colors and of fonts
  • the general layout
  • this Agreement

These elements are protected by copyright, marks, patents, at both national and international levels. Intellectual property infringement, including software piracy, is a criminal offence!

9. Schedule 2 : Third Party IP

  • messages and questions posted on publicly visible sections of the Website;
  • OpenSans fonts:
    • OpenSans-Regular.ttf: Digitized data copyright 2010-2011, Google Corporation.
    • OpenSans-Bold.ttf: Digitized data copyright 2010-2011, Google Corporation.
    • OpenSans-ExtraBold.ttf: Digitized data copyright 2011, Google Corporation.
    • OpenSans-SemiBold.ttf: Digitized data copyright 2011, Google Corporation. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
  • Photo Images: iStock
  • “Trophy” icon: designed by Flaticon
  • Open Source Computer Vision Library: BSD License as follows:
    • Copyright (C) 2000-2019, Intel Corporation, all rights reserved.
    • Copyright (C) 2009-2011, Willow Garage Inc., all rights reserved.
    • Copyright (C) 2009-2016, NVIDIA Corporation, all rights reserved.
    • Copyright (C) 2010-2013, Advanced Micro Devices, Inc., all rights reserved.
    • Copyright (C) 2015-2016, OpenCV Foundation, all rights reserved.
    • Copyright (C) 2015-2016, Itseez Inc., all rights reserved.
      Third party copyrights are property of their respective owners.
      Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

      • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
      • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
      • Neither the names of the copyright holders nor the names of the contributors may be used to endorse or promote products derived from this software without specific prior written permission.

      This software is provided by the copyright holders and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall copyright holders or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

10. Schedule 3 : User Content

All content

  • Including
    • images of you
    • recordings of you (including video and/or audio)
    • drawings, designs, logos
    • suggestions, ideas, creations, errors, beta test results
    • written comments or messages
    • any login name, user name, nickname, or shortened version of your name
    • support requests
  • Excluding your
    • real full name
    • contact details
    • financial details (bank, card, credit rating, etc.)
    • orders placed for Teqball Products

Copyright © 2019. Teqball Holding / A. Lang. All rights reserved.

Version: 2.3
Updated : July 2019