Website Terms of Use – EEA

Certainly, here is the text with “Poki” replaced by “Edobx”:

Welcome to Edobx! We (Edobx B.V., a company established in the Netherlands – hereafter referred to as ‘Edobx’, ‘we’, ‘our’ or ‘us’) operate a website, accessible at https://edobx.com. In this document we explain the terms of use for our Edobx Website. Please click this link for an overview of the domains referred to as “Edobx Website”. The Edobx Website may include access to virtual environments, games and other content, as well as downloadable software or applications for use on personal computers, tablets, mobile devices or phones. All users of the Edobx Website (“Website Visitors”) are subject to the following terms and conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of this Edobx Website. By accessing or using this Edobx Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time by Edobx. If you do not wish to agree to these Terms of Use, do not access or use any part of this Edobx Website.

Edobx may revise and update these Terms of Use at any and if we do so, we will notify you by posting the revised Terms of Use on the Edobx Website. Your continued use of the Edobx Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use or are dissatisfied with this Edobx Website, your sole and exclusive remedy is to discontinue using this Edobx Website.

  1. Age
    By accessing the Edobx Website, you attest that you are 16 years of age or older. If you are younger than 16 years, go to our Edobx Kids website (the “Edobx Kids Website”) to which these Terms of Use Edobx Kids version applies.
  2. Use of this website
    You agree to use the Edobx Website only for lawful purposes:

(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Edobx Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Edobx Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Edobx Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Edobx Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Edobx Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Edobx Website); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) solicit, provide or exchange any personal information, including but not limited to user names or passwords; (12) “stalk,” “phish,” abuse or harass another user, or attempt to do any of the foregoing; or (13) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Edobx Website, or which, as determined by Edobx, may harm Edobx or Website Visitors or expose them to liability. Without limiting any of the foregoing, you also agree to abide by any code of conduct and policies applicable to the Edobx Website or any service available on the Edobx Website.

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Edobx Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Edobx, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Edobx. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Edobx, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Edobx Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Edobx Website. You grant to Edobx the royalty-free, irrevocable, perpetual, transferable and world-wide right and license to use all content you upload or otherwise transmit to the Edobx Website in any reasonable manner Edobx chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

(c) Except as expressly authorized by Edobx in writing, you may not reproduce, sublicense, distribute, sell or exploit for any commercial purposes (i) any part of this Edobx Website or its content, (ii) access to this Edobx Website or (iii) use of this Edobx Website or of any services or materials available through this Edobx Website, including, without limitation, by leasing access to the Edobx Website (e.g., at a cyber café), gathering and selling virtual items, codes, pre-paid game cards, or virtual currency through the Edobx Website, or otherwise.

(d) Edobx reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Edobx Website which Edobx, in its sole discretion, deems inconsistent with the foregoing commitments (including any material that Edobx has reason to believe constitutes, or for which Edobx has received notice of its constituting, a copyright infringement; or if the material is in breach with the applicable data protection laws and regulations); (2) monitor and/or record communications between and among Website Visitors for as far as allowed under the applicable law; and (3) terminate any user’s access to all or part of the Edobx Website. However, Edobx can neither review all material or communication before it is posted on the Edobx Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Edobx assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Edobx reserves the right to take any action it deems necessary to protect the personal safety of Website Visitors and the public; however, Edobx has no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.

(e) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Edobx Website and may expose you to civil and/or criminal liability.

  1. Privacy: protection of personal information
    Edobx’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our Website Privacy Statement.
  2. Uploads to your devices
    Please note that if you are using downloadable applications from Edobx, updates to your device’s systems or firmware may render your use of the applications incompatible. Edobx does not warrant that the Edobx Website or any Edobx applications will be compatible with any updates to, or prior versions of, your devices. Edobx may, but is not obligated to, provide you with updates to the Edobx Website or applications that improve compatibility with updated mobile devices.
  3. Data charges
    To the extent that your use of the Edobx Website or any Edobx application requires, or permits utilization of, wireless, cellular data, or internet access, you are independently responsible for securing the necessary data access service. For example, with respect to your mobile devices, the provider of your data plans may charge you data access fees in connection with your use of the Edobx Website or Edobx applications. You are solely responsible for all such charges payable to third parties.
  4. Copyright restrictions/use of content
    The entire contents of this Edobx Website (including all information, text, displays, images and audio and any software made available through or in connection with the Edobx Website) and the design, selection and arrangement thereof, are proprietary to Edobx or its affiliates or licensors and are protected by Dutch and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Edobx Website for personal use related to your role as a current or prospective user of the Edobx Website. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Edobx Website without the prior written consent of Edobx, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Edobx Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Edobx Website are transferred to you, but remain with Edobx or the applicable owner of such content.
  5. Software and download
    If Edobx offers downloads of, or access to, software on this Edobx Website and you download or otherwise access such software, the software (including any data or images incorporated in or generated by the software) is licensed to you. You do not receive title to this software and you may not distribute or use the software other than for the purpose of using the applicable feature or service of the Edobx Website as offered by Edobx. You may not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of such software. Except as expressly provided, you may not create any derivative works of the software or any services available on the Edobx Website. This license is revocable at any time without notice and with or without cause. You agree to destroy or return to Edobx all copies of the software upon revocation of your license to the software and/or termination of your access to the Edobx Website. The software is subject to all restrictions on use, disclaimers of warranties and other provisions in these Terms of Use. In the event that the software is also subject to a separate end user license agreement, the terms of such end user license agreement shall control any conflict between those terms and these Terms of Use.
  6. Access and interference
    You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Edobx Website, (b) use any manual process to monitor or copy any of the material on this Edobx Website or for any other unauthorized purpose without the prior written consent of Edobx, (c) use any device, software or routine that interferes with the proper working of the Edobx Website, (d) attempt to interfere with the proper working of the Edobx Website, (e) take any action that imposes an unreasonable or disproportionately large load on Edobx’s infrastructure, or (f) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
  7. Trademarks
    Edobx’s name and logos, and all related names, logos, product and service names, designs and slogans contained in the Edobx Website or any software provided or accessed in connection therewith are trademarks of Edobx, its affiliates, licensors and/or contractors unless otherwise clearly specified in writing. You may not use such marks without the prior written permission of Edobx. All other names, brands and marks are used for identification purposes only and may be the trademarks of their respective owners.
  8. Liability of Edobx and its licensors
    Edobx does not assume any liability for the materials, information and opinions provided on, or available through, the Edobx Website (the “Edobx Website Content”). Reliance on the Edobx Website Content is solely at your own risk. Edobx disclaims any liability for injury or damages resulting from the use of the Edobx Website and any Edobx Website Content.

The website is provided “as is” and “as available,” without any warranty or guaranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Edobx, its affiliates and service providers are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the website. Edobx shall not be liable under these Terms of Use or otherwise in connection with the website for an amount more than EUR 500 (five hundred euros).

  1. Interaction with other users
    As a condition of access to the Edobx Website, you release Edobx (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute you may have with any other user of the Edobx Website. Edobx will have the right but not the obligation to resolve disputes between Website Visitors relating to use of the Edobx Website, and to the extent that it elects to resolve such disputes, Edobx will do so in good faith. You release Edobx (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with Edobx’s resolution of such disputes.
  2. Indemnification
    You agree to indemnify and hold harmless Edobx and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Edobx Website or the delivery of products, services or information over the Edobx Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Edobx Website or any products, services or information obtained from the Edobx Website.
  3. Comments and submissions
    Edobx welcomes your comments. All comments, suggestions or other information sent by you to Edobx or its advertisers or business partners in response to solicitations on this Edobx Website will become Edobx’s property and you agree that all intellectual property rights therein are herewith transferred in advance to Edobx. For avoidance of doubt, Edobx shall own any developments by Edobx or on its behalf arising out of your comments, suggestions or other submissions. To the extent Edobx does not own such materials, you grant and agree to grant Edobx a non-exclusive, royalty-free, worldwide license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with Edobx’s web Edobx Websites, products and services. You have no expectation of any review, compensation or consideration of any type for all submissions hereunder.
  4. Links to other websites
    The Edobx Website contains links to other web Edobx Websites on the Internet. Edobx is not responsible for and does not endorse the content, products, services or practices of any third party web Edobx Websites, including, without limitation, Edobx Websites framed within the Edobx Website or third party advertisements, and does not make any representations regarding their quality, content, accuracy, or suitability for your viewing or use. Your use of third-party web Edobx Websites is at your own risk and subject to the terms and conditions of use for such web Edobx Websites. In the event that you choose to purchase a product or service from a third party, Edobx is not responsible for such products or services, as it is not party to such transaction and is not liable for any direct or indirect costs or damages arising out of any dispute between you and such third party. Neither Edobx, its licensors or contractors, makes any express or implied representations or warranties regarding the goods or services offered by such merchant, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement or compatibility.
  5. Copyright and other intellectual property infringement
    Edobx may, in appropriate circumstances and in Edobx’s sole discretion, terminate your access to this Edobx Website if it deems you to be a repeat infringer of intellectual property rights connected to the Edobx Website. Edobx may also, in its sole discretion, limit your access to the Edobx Website and/or terminate your membership if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Please contact our designated agent at privacy@edobx.com if you believe that any content on the Edobx Website infringes your copyright or other intellectual property rights.

  1. Termination of access
    Edobx reserves the right to terminate your access to all or part of the Edobx Website at any time, with or without cause, with or without notice, effective immediately, if Edobx believes that you have breached these Terms of Use, or for any other reason. Termination of your access shall not affect any rights or obligations that have accrued prior to such termination. Upon termination of access, you must cease all use of the Edobx Website.
  2. Governing law and disputes
    These Terms of Use and any disputes arising out of or related to your use of the Edobx Website will be governed by and construed in accordance with the laws of the Netherlands, without giving effect to its conflict of law principles. Any legal action or proceeding arising under these Terms of Use shall be brought exclusively in the courts of Amsterdam, the Netherlands.
  3. Miscellaneous
    These Terms of Use constitute the entire agreement between you and Edobx with respect to your use of the Edobx Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Edobx with respect to the Edobx Website. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect. The failure of Edobx to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You agree that any cause of action arising out of or related to the Edobx Website must commence within one (1) year after the cause of action arises, or be barred.
  4. Contact information
    If you have any questions regarding these Terms of Use or the Edobx Website, please contact us at privacy@edobx.com.