About these terms
These terms create a legal agreement between you ("you" or "your") and TISTIS, registered in The Netherlands with KvK-registration number 62288490 and VAT number 116880740B01 ("we", "us" or "our") in relation to our website at www.pokepeek.nl ("Website"), app PokePeek("App") that is made available via our Website, and any related services (together with the Website and App, the "Service"). You agree that by accessing and/or using our Service, you are agreeing to these terms.
You agree that you are at least 13 years old and that if you are less than 18 years old, your legal guardian has reviewed and agreed to these terms and allows you to access and use our Service.
You can access these terms at any time at http://www.pokepeek.nl/eula. We can make changes to these terms at any time in accordance with paragraph 9 below and your continued use of our Service shall confirm your acceptance of the updated terms.
To open an account, you must complete the login process by providing us with a valid and unique nickname between 2 and 20 characters. You should prevent creating a nickname with any profanity, sexually explicit language, sexual innuendo, or racial, ethnic or religious slurs. We have the right to terminate an account with an inappropriate name.
You can optionally add your Trainer Code; and, you must choose a team color (Blue, Yellow, or Red) .
You can terminate an account by uninstalling this App on your device(s) deliberately or as a consequence of another activity. In this case, the data belonging to your account remain available on the Website. You are also able to delete your account. In that case all your account data are removed from the Website.
We reserve the right to terminate your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to add data to the Website.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these terms. You are responsible for all of your activity in connection with the Service.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website; (vi) harvest or scrape any content from the Service; (vi) supply false input or supply actions that bend the truth; or (viii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that we are not responsible for any content sent using and/or included in the Service by any third party.
We and/or our respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Service for any purpose. The Service is provided "as is" without warranty of any kind. We and/or our respective suppliers hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
We are entitled to delete or change uploaded content to the Website.
We are not responsible for technical failures or the lack of availability of our Website. There may also be times when our Service or any part of our Service is not available for technical or maintenance related reasons, whether on a scheduled or an unscheduled basis.
You agree to defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Service.
You agree that your nickname, team color and device identification are uploaded to the Website when installing the App. A changed nickname, or team color is uploaded to the Website as well. You agree that your chosen location is uploaded to the Website when you want to be visible on the map for making friends.
You agree that your nickname is shown for the actions you supplied about lures, battles and gyms. You agree that your nickname, trainer code, and location are shown for the actions about making friends.
We may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
You are also able to delete your account from the device where you registered the account. In that case all your account data (including nickname, trainer code, team color, location, device identification) are removed from the Website.
We shall have no obligation to maintain or remove any content in your account or to forward any unread or unsent messages to you or any third party.
This agreement shall be governed by the law of The Netherlands applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of The Netherlands therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this agreement and not affect the validity and enforceability of any other provisions.
Changes to these terms
You can find these terms at any time by visiting http://www.pokepeek.nl/eula. We reserve the right to update these terms from time to time by posting the updated version at that address. You are responsible for regularly reviewing the terms. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Service.