These are the Terms and Conditions of Use of uQudos.

uQudos recommends that you read these terms and conditions of use closely, so as to ensure that you are familiar with your applicable rights and duties as a Visitor to or User of the uQudos website. If you are not willing to be governed by these terms and conditions of use, you will have to leave the uQudos website and to refrain from making further use of the services provided by uQudos.

1. Definitions
   Terms and Conditions of Use: these terms and conditions, which are applicable to the visit to and/or use of the uQudos website.
   
   uQudos website: the website which can be accessed at uQudos.com (amongst other things) and which provides a community network for games fans, where it is possible to play Games (new and otherwise), to upload self-developed Games, and where a Games developer can earn money (and/or products and/or services) (subject to terms and conditions stipulated by uQudos) through any games he  develops.
   
   Visitor / User: any natural person who visits the uQudos website and who avails itself of the services provided on it.
   
   Game: a game on the uQudos website, including all of its components (along with the relevant graphics, characters, music and narrative) and updates, which can be played on a computer, console, handheld device, mobile phone, PDA or other system (streamed or otherwise, via the Internet, a network or otherwise).
   
   other Content: any information (which is deemed to include files, data and/or other materials) which does not constitute a Game and which the user or Supplier uploads to the uQudos website (for example, placing comments or images in fora).
   
   Intellectual Property Rights: all international intellectual property and similar or related rights in the broadest sense of the term, which in particular is deemed to include – but is not confined to – (1) copyright, (2) design rights, (3) database rights, (4) trademarks, and (5) know-how (or entitlement to the foregoing), which is deemed to include all of the powers (and which is at any rate deemed to include those of replication and publication) that the relevant national and international legislation confers or may yet confer.



2. General
   
   1. These Terms and Conditions of Use apply to visits to and/or the use (such as playing the Games on offer and assessing or evaluating them, creating a personal profile and so forth) of the uQudos website.
   2. In addition to these Terms and Conditions of Use, the provisions of the uQudos Privacy Statement shall apply in full. In the event that the upload facilities provided on this website are used, the provisions of the uQudos Game Upload Agreement shall also apply.
   3. By visiting and/or using the uQudos website, Visitor / User confirms that he has read these Terms and Conditions of Use, that Visitor / User understands these terms and conditions, and that Visitor / User consents to being bound by these Terms and Conditions of Use or any other applicable provision of the law.
   4. In the event of any conflict between these Terms and Conditions of Use and/or the Privacy Statement and/or the Game Upload Agreement (if applicable), the provisions of the latter shall prevail.



3. Website
   
   1. uQudos reserves the right to modify, supplement and/or screen off the content (or parts thereof) of the uQudos website as it sees fit or to accommodate its own requirements and/or to include new Games and/or other Content or to remove same (or cause this to be done). The Visitor / User waives his right to take legal action of any nature whatsoever against uQudos, where the issue in dispute concerns the content of the website and/or the denial of access to it (or parts of it).



4. Intellectual property
   
   1. All of the Intellectual Property Rights to the uQudos website and to parts of it, which parts are deemed to refer to, amongst other things – and hence not confined to – the graphic design and layout of the uQudos website as well as the Games and other Content, belong to uQudos, its licensors and/or the Users of the uQudos website.
   2. The Visitor / User warrants that he will fully respect the Intellectual Property Rights referred to in the foregoing clause. In particular, the Visitor / User is not permitted to copy, distribute, decompile, remove any inscription concerning the rights holders from, or to otherwise use, publish and/or replicate parts of the uQudos website – which includes but is not confined to the Games offered on this website and/or any Content made available by uQudos or its Visitors / Users – using any medium whatsoever, be it for commercial purposes or otherwise, without uQudos and/or any other rights holder giving him prior written permission to do so.
   3. In the event that Visitor / User fails to comply with the duties set out in the foregoing clauses of this article, uQudos may – without the need to issue a notice of default or a warning for this purpose – deny Visitor / User access to all or part of the website, to deny him any further use of it, to refuse to accept any Game and/or other Content which he offers and/or to remove same from the uQudos website, subject to uQudos’ right to seek compensation through the courts.



5. General limitation of use
   
   1. It is not permitted to Visitor / User to modify or deform any part of the uQudos website – which is deemed to include but is not confined to the Games and/or other Content offered on the uQudos website – for any purpose whatsoever.
   2. It is not permitted to Visitor / User to circumvent (or attempt to do so) the technical security mechanisms incorporated into the uQudos website, to disable them or to interfere with them in any way for any purpose whatsoever.
   3. It is not permitted to Visitor / User to collect or gather and/or to use the personal details of any other Visitors to or Users of the uQudos website.
   4. It is not permitted to Visitor / User – as part of the conduct of any commercial or business operations – to use the uQudos website with any acquisitive purpose in mind or to approach other Users of the uQudos website with regard to the Games or other Content which they have placed on it for commercial or business purposes.



6. Unacceptable Content
   
   1. What follows below is a summary – which is not exhaustive – of Content which you are prohibited from placing on the uQudos website:
      
      1. discriminatory, insulting or otherwise offensive Content (based on race, religious belief, sex, appearance, culture and so forth);
      2. any Content which incites violence or aggression against any person or persons, and/or which is a source of harassment towards any person or persons;
      3. any Content which exploits or abuses people in a sexual or violent manner;
      4. any Content whose nature breaches public morals and/or the bounds of social propriety (which includes but is not confined to pornographic, erotic and/or violent material or which contains a link to a website where such material may be found);
      5. any Content which retrieves the personal details of minors or which discloses information which infringes on other people’s privacy;
      6. any Content which promotes or perpetrates the conduct of illegal activities or which incites threatening, obscene or abusive behaviour;
      7. any Content which infringes on the Intellectual Property Rights or the privacy of Visitors to or Users of the uQudos website, other parties or uQudos;
      8. any Content taking the form of chain letters, junk mail, spam and so forth;
      9. any Content using passwords and/or any other party’s private information or which retrieves passwords and/or any other party’s private information, be it for commercial, illegal or other purposes;
      10. any Content directed towards the pursuit of commercial activities (which includes but is not confined to lotteries, advertisements, competitions and games) without uQudos’ consent as required;
      11. any Content which includes photographs, images, music (or musical works), text, drawings, designs, sketches – of characters or otherwise – and/or any other work belonging to some other party without the latter’s consent;
      12. any Content which contravenes the law or other applicable regulations and/or these Terms and Conditions of Use, uQudos’ Privacy Statement and/or the Game Upload Agreement.
   2. uQudos shall exercise sole discretion in determining whether specific Content is unacceptable.



7. Reporting unacceptable Games and/or other Content
   
   1. uQudos shall investigate reports made by other Visitors, Users or other parties concerning unacceptable Games and/or other Content (for example, based on an infringement of Intellectual Property Rights or a breach of Article 6 of these Terms and Conditions of Use) or any other form of unlawful conduct on the uQudos website, and shall take action (legal or otherwise) to address them if required. Any Visitor / User who is of the opinion that he has encountered such Content (see Articles 4 and 6, amongst others, of these Terms and Conditions of Use), is requested to report this using the so-called “notice and take down” procedure specified elsewhere on the uQudos website.
   2. Should a report reveal that, according to uQudos, the relevant Content is patently unlawful, uQudos can decide to proceed at any rate with its removal.
   3. Irrespective of any report, uQudos shall exercise sole discretion in determining whether specific Content should be deemed to be unacceptable and/or unlawful. In the event that uQudos does not endorse a report for any reason or on any grounds whatsoever, it will not proceed with the removal of the relevant Content and it shall not be liable towards the person who was responsible for the report concerned or towards any other party.
   4. In the event of a dispute between a person who has filed a report and supplier of the relevant Content, uQudos shall not be (or be capable of being) a party to it in any way whatsoever.



8. uQudos’ refusal to accept and/or its removal of Content
   
   1. uQudos shall at all times be entitled to refuse to accept any Content (without citing reasons for doing so) or to remove same from the uQudos website deliberately or otherwise without requiring the prior consent of Visitor / User, without the need to notify Visitor / User of this beforehand, and without uQudos being liable towards Visitor / User, or any other party in this respect.
   2. In particular, uQudos shall be entitled to proceed with removal as provided for in the foregoing clause, if some other user, a visitor to the uQudos website or any other party gives uQudos notice (by means of a so-called “notice and takedown procedure” or otherwise) to the effect that the relevant Content infringes on any right held by him or some other party and/or that Content is unacceptable under the terms of Article 6.1 of these Terms and Conditions of Use. Under no circumstances shall uQudos be liable towards any person whatsoever, if such removal occurs as a result of an inaccurate and/or unjustified report (under the terms of Article 7 of these Terms and Conditions of Use).
   3. In the event of regular cancellation in accordance with the provisions of Article 7 and 8 of these Terms and Conditions of Use, uQudos undertakes to remove the relevant Content from the uQudos website within 25 working days. uQudos shall not be responsible and/or liable for the installation (subsequent or otherwise) and/or use (continued or otherwise) or retention of the Games and other Content, which are stored by any other parties (including other developers, users or visitors to the uQudos website) on their own computers, network, (cache) memory and/or server and the like.



9. Other Visitors to or Users of the uQudos website
   
   1. uQudos shall not accept any responsibility or liability whatsoever for the failure of any other Visitor to or User of the uQudos website to comply with the provisions of these Terms and Conditions of Use, the Game Upload Agreement or the Privacy Statement, unless there has been gross culpability or negligence on the part of uQudos or if the latter is notified by a Visitor / User in writing of such non-compliance and uQudos fails to act in this respect within a reasonable period of time, provided that it is solely in its power to do so and Visitor / User is unable or not allowed to act on his own authority. Visitor / User therefore acknowledges that his Game and/or other Content may be used in a manner that is contrary to these Terms and Conditions of Use, the Game Upload Agreement and/or the Privacy Statement.



10. Warranties
    
    1. Visitor / User warrants that he is fully, independently and solely responsible and liable for the Content (or its unlawful nature) which he places on the uQudos website. The User / Visitor shall indemnify uQudos with respect to this Content as provided for in Article 11 of these Terms and Conditions of Use.
    2. Visitor / User warrants uQudos that he is the full rights holder to the Games and / or Content (or the Intellectual Property Rights to it) that he places on the uQudos website (or that it is not encumbered by any rights) and that he is fully entitled to grant any licence to use these Games and / or Content which may be required.
    3. By placing Content at the disposal of uQudos, Visitor / User warrants that:
       
       1. the Content that is made available does not – at any rate – contravene the provisions of Article 6.1 of these Terms and Conditions of Use;
       2. no other permit or licence is required from any party whatsoever to use the Content that has been made available on or for the benefit of the uQudos website;
       3. you are fully entitled and authorised to consent to be bound by these Terms and Conditions of Use in relation to any Content that is made available, or that your are fully entitled and authorised to consent to some other person or a legal entity being bound by these Terms and Conditions of Use;
       4. any Content that is made available is free of viruses, worms, trojans or any other software which may compromise the functionality, accessibility or speed (uploading or otherwise including connect and response times) of the uQudos website and/or the computer systems and/or programs belonging to uQudos and/or any other party;
       5. any Content that is made available is not in any way of a commercial nature, unless uQudos consents to this in writing.



11. Indemnification and compensation
    
    1. Visitor / User shall indemnify uQudos and any business or person associated with it as well as the other visitors to or users of the uQudos website against any claim made by some other party (including any made by another user and/or visitor) in respect of any Content that is made available, especially with regard to any claim which is based on an allegation to the effect that Intellectual Property Rights are being infringed on or any claim that is made pursuant to any action on the part of Visitor / User which contravenes any provision of these Terms and Conditions of Use.
    2. Visitor / User shall compensate uQudos for all of the costs that it has incurred or is still to incur in relation to any claim referred to in the foregoing clause.



12. Liability
    
    1. uQudos shall not be liable towards Visitor / User for:
       
       1. any loss suffered by Visitor / User, or any other party which occurs in relation or pursuant to any Content made available to uQudos (or its use);
       2. any loss suffered by Visitor / User, or any other party which occurs pursuant to any failure to comply with these Terms and Conditions of Use, the Game Upload Agreement and/or the Privacy Statement and which is attributable to Visitor / User, or any other visitor to or user of the uQudos website;
       3. any loss suffered by Visitor / User, or any other party which occurs in relation or pursuant to the use, inaccessibility and/or slowness of the uQudos website or the fact that it is impossible to use or to visit it.
    2. Subject to the provisions of the foregoing clause any liability on the part of uQudos shall be confined to loss that is suffered directly. Liability for any indirect (loss of earnings or otherwise), consequential or other loss (or compensation for same) is explicitly precluded.
    3. Subject to the provisions of the foregoing clauses any liability on the part of uQudos shall at all times be confined to a maximum of EUR 250,-.
    4. Visitor / User shall be liable for all of the expenses incurred by uQudos (including a lawyer’s fees) and any loss suffered by it or which it may suffer in connection with a failure on the part of Visitor / User to comply with these Terms and Conditions of Use, the Game Upload Agreement and the Privacy Statement, or which are or is related to any other unlawful action towards uQudos.



13. Other provisions
    
    1. uQudos shall at all times be entitled to amend these Terms and Conditions of Use unilaterally and without giving notice thereof. It would therefore be wise if Visitor / User consults these Terms and Conditions of Use regularly to check whether they may have been updated.
    2. These Terms and Conditions of Use embody – in addition to the provisions of the Game Upload Agreement which apply together with these Terms and Conditions of Use when files are uploaded – all that the parties have agreed and replace any prior agreement and/or arrangements made by Visitor / User and uQudos.
    3. In the event that one (1) or more provisions of these Terms and Conditions of use is or are invalid, or are nullified, this shall not affect the validity of the remaining provisions.



14. Governing law and competent court of law
    
    1. These Terms and Conditions of Use shall be governed by and construed in accordance with the law of the Netherlands.
    2. Any dispute, which is deemed to include what a single party considers to be such, that occurs pursuant or in relation to these Terms and Conditions of Use and/or any agreement arising pursuant or in relation to it (or the implementation thereof), as well as any other legal act which cannot be resolved amicably, shall only be brought before the District Court of Utrecht in the Netherlands.