Terms of Service
Where these terms of service refer to Website it refers to the Mary website, accessible at http://www.mary.com/. Where these terms of service refer to Visitor, reference is made to the person who visits the Website.
Article 1: Services and availability
1.1 The services that Mary B.V. (Mary) provides, consists of providing the Website where visitors, after an optional registration, can play games and can make use of other software and/or services in accordance with these terms of service and any other additional applicable terms for the service in question.
1.2 For the availability of the Website and the games/services offered on it, Mary depends on the proper functioning of the systems of the Visitor and of the underlying Internet infrastructure, which Mary cannot control. Mary cannot guarantee that the Website and/or the games offered on it and/or other services are available at all times for the Visitor.
1.3 Mary reserves the right to temporarily interrupt the Website and/or the games/services provided thereon in order to provide for maintenance of, or upgrades or improvements to the Website, the games/services in question or Mary's computer systems.
Article 2: Establishment of an agreement and expenses charged
2.1 With each use on this Website of a game or other software and/or service by Visitor, an agreement is entered into between Mary and Visitor.2.2 Insofar Mary charges the Visitor in connection with its performance of the agreement:
- prices are in Euros and include VAT, unless explicitly agreed otherwise;
- Visitor agrees that Mary immediately begins with the performance of its services, and that Visitor consequently does not have the right to rescind the agreement for a period of seven days pursuant to Article 5 paragraph 7:46 i sub a of the Dutch Civil Code (or the relevant local implementation of the relevant provisions of Distance Selling Directive (Directive 97/7/EC)).
- payment can only take place through the payment methods indicated on the Website;
- costs incurred for Internet access in order to (be able to) visit the Website are for the account of the Visitor.
2.3 The prices advertised on the Website and in any advertisement can be changed without prior notice.
Article 3: Conditions of use of services
3.1 The use by Visitor of the games/services offered on the Website is subject to the restrictions in these terms of service.
3.2 The games/services offered on the Website may only be used for personal and non-commercial purposes.3.3 In the use of the games/services offered on the website it is not permitted to:
- infringe on the intellectual property rights of Mary and/or its suppliers, whereby intellectual property rights include copyright, database rights, neighboring rights, trademark rights, patent rights or other rights of industrial or intellectual property;
- collect personal data of other visitors of this Website or to publish personal data from anyone other than the Visitor;
- make abusive, harassing, offensive, discriminatory, rude or otherwise indecent (all to be assessed by Mary in its sole discretion) comments against one or more individuals or institutions;
- to offer goods and/or services for sale, for rent, for loan or otherwise;
- to advertize;
- to disrupt or limit the operation of this Website, which in any case is understood to include the circumvention of technological protection measures, the damaging of a computerized work and/or stored data of Mary and/or parties engaged by it, and the overloading of computer-systems and/or computer-networks of Mary and/or of parties engaged by it;
- to otherwise act in breach of any law or applicable regulation, or to otherwise act unlawfully to or harm Mary and/or third parties engaged by it.
3.4 Mary reserves the right to take technical and legal measures, insofar necessary, in order to enforce compliance with these terms of service.
Article 4: Privacy
4.1 Insofar required Visitor hereby declares to be 16 years of age or older, or to have the consent of his parents/guardians for playing the games and/or use the other services of Mary and to provide Mary with personal data in connection therewith.
Article 5: Intellectual Property
5.1 The intellectual property rights to all games/services offered by Mary are the property of Mary or of a third-party from whom Mary has obtained the right to make available to Visitor (part of) these services.
5.2 Mary hereby gives Visitor a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to the games/services offered by Mary, subject to Visitor complying with the provisions of this user agreement.
5.3 Except insofar as permitted by binding law, Visitor may not reproduce, decompile or reverse engineer the software made available to him or her.
Article 6: Warranties
6.1 All games/services offered on the Website are provided as is. Mary does not warrant that the games/services offered on the Website will operate without interruption, be error free or suitable for any specific purpose, or that errors or other problems will be resolved in new or different versions of the games/services.
Article 7: Limitation of Liability
7.1 The content of the Website is compiled and maintained by Mary with constant care and attention. However, errors cannot always be avoided. Consequently, no rights can be derived from the information and services offered on the Website. Mary assumes no liability for any damage resulting from the use of the Website or from the use of the games/services offered on the Website or from the incompleteness and/or inaccuracy of the information provided on the Website and/or for any damage that is the result of the Website being (temporarily) unavailable.
7.2 This website of Mary contains links and/or hyperlinks, in the form or advertisements or otherwise, to other websites that Mary does not manage. These are included for informational purposes only and selected in good faith for Mary's target audience. Mary gives no warranty and accepts no liability for the content, use and availability of such websites.
7.3 Insofar there is any liability of Mary, this liability is at all times limited per event (whereby a connected series of events counts as one event) to the fees paid in the then current calendar year by Visitor to Mary for the services that gave rise to the liability of Mary.
Article 8: Amendment of the terms
8.1 Mary has the right to amend these terms at any time. From the moment that the modified terms of service are published on the Website, such modified terms of service apply.
Article 9: Miscellaneous
9.1 Dutch law applies to the Website and the use thereof. Any disputes arising from the use of the Website and/or information retrieved from the Website will exclusively be submitted to the competent court in Arnhem, The Netherlands.
9.2 In the event that any provision of these terms of services are declared void or unenforceable, parties will replace such void or unenforceable provision(s) with a valid and enforceable provision that is as close as possible to the economic, legal and commercial objectives of the void or unenforceable provision.