Terms & Conditions
1. INTRODUCTION
1.1 “Tarracos” is an online entertainment service owned and operated by Yume Capital FZ LLC (“Yume Capital FZ LLC” or “we”). These terms and conditions apply to all and any use, access and availability of the Tarracos applications and related services, and which may include without limitation third party applications or services (each an “Tarracos Application”). These terms and conditions incorporate our Privacy Policy, our Community Guidelines and our Affiliate Program Terms – Tarracos as amended from time to time.
1.2 The Tarracos Applications will be made available to use or download on our website and/or third party platforms, such as the iOS App Store, Google Play Store, Amazon Appstore or other third-party websites which enable games to be hosted and played (“Platforms”).
1.3 Your use of the Tarracos Applications may require you to have a Platform account. Your access to the Tarracos Applications will be linked to your Platform account and you are required to comply with the Platform policies to use the Tarracos Applications, including for any payments.
1.4 Each time you access the Tarracos Applications you are telling Yume Capital FZ LLC that you understand, accept and are able to accept these terms and conditions and agree to be bound by these terms and conditions and the terms of any of the Platforms (“Platform Terms”), each as amended from time to time. If you do not accept or understand these terms and conditions or any of the Platform Terms you should not use or access any Tarracos Applications or any part of them
1.5 If you live outside of the European Union, you must be at least 14 years old to register and use our services and games. If you live in the European Union you must meet the following age requirements to register and use our services and games:
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If you live in Belgium, Denmark, Estonia, Finland, Iceland, Latvia, Norway, Poland, Sweden, Austria, Bulgaria, Cyprus, Italy, Lithuania or Spain, or the United Kingdom, you must be at least 14 years old.
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If you live in the Czech Republic or France, you must be at least 15 years old.
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If you live in Croatia, Germany, Greece, Hungary, Ireland, Lichtenstein, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovakia or Slovenia, you must be at least 16 years old
1.6 To participate in the Affiliate program, you must be at least 18 years old.
1.7 By using and accessing the Tarracos Applications you confirm that you have the necessary hardware and related software, and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. Yume Capital FZ LLC shall have no liability in relation to any hardware or related software or other services required to make use of the Tarracos Applications.
2. GRANT OF LICENCE
2.1 Subject to these terms and conditions and your compliance with them, Yume Capital FZ LLC grants you a non-exclusive, revocable right to store and use the Tarracos Applications for personal, non-commercial purposes in accordance with these terms and conditions and the Platform Terms.
2.2 This licence includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non- commercial, personal use of the Tarracos Applications.
2.3 You may not transfer, sub license or deal in this right without Yume Capital FZ LLC’s prior written permission.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 These terms and conditions and the rights granted by them do not give you any rights or permission for public performance of the Tarracos Applications or any part of them.
3.2 These terms and conditions and the rights granted by them do not give you any title or rights of ownership in the Tarracos Applications and should not be deemed a sale or transfer of any copyright or other right.
3.3 Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in the Tarracos Applications belong to and vest in Yume Capital FZ LLC, or are licensed to Yume Capital FZ LLC.
3.4 All intellectual property rights of Yume Capital FZ LLC are hereby asserted and reserved.
3.5 All third party trade names and trademarks are the property of their respective owners and Yume Capital FZ LLC makes no warranty or representation in relation to them.
3.6 Yume Capital FZ LLC does not claim or assert any right title or interest in any third party User Content.
4. RESTRICTIONS AND OBLIGATIONS
4.1 You agree to comply with these terms and conditions and all rules applicable to the use of the Tarracos Applications.
4.2 You agree not to register any online ID, account name or user name which is abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene. We may alter or delete and online ID, account name or user name (including the corresponding user account) if we consider that online ID, account name or user name to be abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene.
4.3 Notwithstanding any other provision of these terms and conditions you agree and undertake not to:
- Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Tarracos Applications or any part of them;
- Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Tarracos Applications;
- Create software which mimics any data or functionality in the Tarracos Applications;
- Use or deal in the Tarracos Applications except as permitted by these terms and conditions;
- Include contact details intended to enable communication outside of the Tarracos Applications, in any User Content;
- Use your access to the Tarracos Applications, or information gathered from them, for the sending of unsolicited bulk email;
- Make any public, business or commercial use of the Tarracos Applications or any part of it;
- Provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Tarracos Applications without Yume Capital FZ LLC’s prior written permission;
- Make the Tarracos Applications or any part of it available to any third party;
- Display, publish, copy, print, post or otherwise use the Tarracos Applications and the information contained therein for the benefit of any third party or web site;
- Use or process the Tarracos Applications or any part of it unfairly or for any illegal or immoral purpose;
- Delete or obscure any copyright or other proprietary notice on the Tarracos Applications.
4.4 You further agree that in connection with the Tarracos Applications you will not:
- Organise hate groups or use or promote hate speech;
- Cheat or engage in deceptive, fraudulent or misleading practices, including phishing for other users’ account details or unauthorised use of another user’s account or another person’s credit card or billing information;
- Use any unauthorised hardware or software to access or use the Tarracos Applications or the Platforms or make, or distribute unauthorised software or hardware in conjunction with the Tarracos Applications;
- Modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of the Tarracos Applications of any part thereof;
- Bypass or attempt to bypass any user authentication systems or security feature;
- Attempt to hack or reverse engineer any code or equipment in connection with the Tarracos Applications (unless permitted by applicable law);
- Take any action that we consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorised material, including junk mails, spam, excessive messages or chain letters;
- Provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration;
- Sell, buy, trade or otherwise transfer your online ID, your Platform account or your personal access to the Tarracos Applications or any content or services accessed via the Tarracos Applications, through any means or method, including use of web auction sites;
- Use the Tarracos Applications in any way that harms the Tarracos Applications or any of affiliates, subsidiaries, licensors, service providers, partners or users;
- Otherwise misuse the Tarracos Applications.
4.5 The Tarracos Applications may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of the Tarracos Applications and you expressly consent to Yume Capital FZ LLC monitoring your computer’s random access memory (or the random access memory of any other device used to access the Tarracos Applications) for said unauthorized third party programs.
5. FORUMS AND USER CONTENT
5.1 “User Content” means any content, materials, postings, data, messages, prompts and communications generated, sent, submitted, posted, placed on, made to or otherwise communicated to, from or using the Tarracos Applications.
5.2 The Tarracos Applications are entertainment services and ancillary to this Yume Capital FZ LLC is involved in the transmission, storage, retrieval and dealing with third party User Content without review, selection or alteration of their content – for which it is a mere conduit.
5.3 The views expressed in any User Content are the views of the individual authors and not those of Yume Capital FZ LLC unless specified otherwise by Yume Capital FZ LLC.
5.4 Yume Capital FZ LLC is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
5.5 By using the Tarracos Applications you acknowledge that Yume Capital FZ LLC has no responsibility to review the content of any User Content and that all User Content are made available on the basis that Yume Capital FZ LLC is not required to and does not exercise any control or judgement of their content.
5.6 Notwithstanding the foregoing Yume Capital FZ LLC shall be entitled to remove or reject any User Content and remove or suspend your ability to make or access User Content. Additionally, both Yume Capital FZ LLC shall each have the right to block certain text prompts and blur resulting User Content if it finds (in its sole judgment) the prompt or resulting image too graphic, offensive, insensitive, or hurtful, even in circumstances where you may not have had any ill intent or where the User Content does not otherwise violate the prohibitions described above. Yume Capital FZ LLC may also block text prompts or block or remove User Content that it otherwise finds objectionable or that it believes in its reasonable judgment may expose Yume Capital FZ LLC or others to any harm or liability.
5.7 We will process any personal data contained within your User Content in accordance with our Privacy Policy and applicable laws, including data protection and privacy regulations. For more information on how we process your data, please refer to our Privacy Policy. To the extent possible under applicable law, you own the User Content that you create on Tarracos. You agree that Yume Capital FZ LLC may use, publish, edit, modify, record and adapt your User Content for purposes related to Tarracos and the business of Yume Capital FZ LLC and you hereby grant it a non-exclusive, worldwide, perpetual, irrevocable right and license, along with all necessary permissions and consents required for such use. This may include using, retaining, and, where required, sharing your User Content including the content of your voice and text communications, the time and location of your activities, and your Platform profile and IP address with law enforcement or other competent authorities in cases of suspected illegal activity. You acknowledge and consent to such use for lawful purposes and waive any applicable moral rights to the extent permitted by law. By accepting these terms and conditions or using the Tarracos Applications, you expressly consent to this..
5.8 You agree and undertake that you will not make or generate any User Content or post to or transmit to or on the Tarracos Applications any statement or material, nor use the Tarracos Applications in any way, that:
- Is unlawful or which gives rise to civil or criminal liability;
- Promotes any illegal or unlawful activity;
- Infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
- Includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
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Is abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene, indecent, vulgar, prurient, excessively violent, or a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased), exploits any vulnerabilities, offends human dignity, or is threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people;
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Harasses any person or class of people including but not limited to stalking, bullying, abusing, mocking, ridiculing, intimidating, defrauding or otherwise mistreating or harming a person or class of people;
- Markets or promotes any third party;
- Interferes with another user’s use and enjoyment of the Tarracos Applications;
- Impersonates any moderator, administrator or any staff or other persons connected with Yume Capital FZ LLC;
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Infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;
- Includes restricted / password protected content or materials;
- Exploits any other person;
- Solicits passwords or personal information;
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Provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone’s privacy, or providing or creating computer viruses;
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Contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
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Tries to gain unauthorized access to any computer, servers or any part of the Tarracos Applications including its servers, network and the computers of other users;
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Tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Tarracos Applications;
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Engages in or solicits commercial activities or sales without Yume Capital FZ LLC’s prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising and investments;
- Refers to any material that is inappropriate;
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Seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
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Has any risk or possibility of exploiting, harming or endangering the health or well-being of children or other minors;
- Contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
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Is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the User Content or its dissemination is unlawful;
- Is used for administration of justice, law enforcement, immigration or asylum processes; or
- Solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
5.9 We may rely upon a reporting system whereby users can report third party or User Content to us, such as because it is content which contravenes these terms and conditions. A reporting mechanism may be made available for these purposes, and you can also let us know if you discover any material which you believe contravenes these terms and conditions please inform Yume Capital FZ LLC or a forum moderator with details of the page you found it on or by contacting us at:
[email protected].
5.10 It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Yume Capital FZ LLC has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using the Tarracos Applications and its services you accept that this is the case and accept that you therefore use the Tarracos Applications at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
5.11 You acknowledge and agree that, if necessary, Yume Capital FZ LLC will communicate with you via the email address you have provided to Yume Capital FZ LLC or through Platform. Notices that are applicable to all Yume Capital FZ LLC’s customers shall be made available on Tarracos or otherwise within the Tarracos Applications or through Platform. You will be deemed to have received a notice at the time the message is sent or the time the notice is posted on our websites or within the Service.
5.12 All emails sent by Yume Capital FZ LLC and attachments are intended for the addressee only.
6. VIRTUAL ITEMS
6.1 In the Tarracos Applications you may purchase a license to use virtual currency, including but not limited to virtual property, goods, services, virtual coins, cash, tokens, or points, all for use on or in Tarracos Applications (“Virtual Items“).
6.2 When you place an order to purchase Virtual Items from any Tarracos Application, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Yume Capital FZ LLC keeps records of transactions in order to deal with any subsequent queries. When you purchase Platform credits from a Platform, you are agreeing to Platform’s payment terms. Yume Capital FZ LLC is not a party to this transaction.
6.3 For Virtual Items, your order will represent an offer to us to pay to expand the scope of the licence of the relevant Tarracos Application which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.
6.4 The provision of Virtual Items for use on Tarracos Applications is a service provided by Yume Capital FZ LLC that commences immediately upon acceptance by Yume Capital FZ LLC of your offer to purchase a licence. By ordering Virtual Items you agree and accept that Yume Capital FZ LLC through Tarracos will provide them to you immediately following completion of your purchase. If you reside in the United Kingdom or European Union and you purchase a product or service through Tarracos, you have the right to withdraw from a purchase within 14 days, commencing on the day after the date of purchase (the “Cooling Off Period“). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling-Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.
6.5 Your licence to use Virtual Items will expire as follows, unless otherwise agreed in writing:
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all Virtual Items expire after 3 years’ of inactivity (at which point we may terminate our agreement with you or part thereof, and your access to the Tarracos Applications including Virtual Items and delete data associated with your use thereof);
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if a specific period is specified when you request a Virtual Item then it will expire at the end of that period (if it is shorter than the period specified at (I) above;
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virtual currency and credits expire after 12 months if they have not been redeemed.
7. CREATING AND SELLING VIRTUAL ITEMS
7.1 Tarracos will release an internal market place where users are allowed to sell Virtual Items according to the rules and regulations Tarracos will give for the market place.
7.2 By registering as a “Creator” user can get access to crafting tools to create Virtual Items for their own use or to be sold at the market place. Any created Virtual Item must be approved by Tarracos before it can be used and/or sold at the market place;
7.3 Tarracos will take a sales commission defined in the rules and regulations for the market place from every sales realized at the market place;
8. IN-GAME ADVERTISING
8.1 You acknowledge and agree that Tarracos Applications may contain in-game advertising in accordance with the Tarracos Privacy Policy.
8.2 Yume Capital FZ LLC through the Tarracos Applications may provide links third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Yume Capital FZ LLC makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from the Tarracos Applications, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Yume Capital FZ LLC and may collect data or solicit personal information from you. Yume Capital FZ LLC is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of Yume Capital FZ LLC of these linked sites.
9. LIABILITY
9.1 Yume Capital FZ LLC provides and maintains Tarracos and the Tarracos Applications for personal entertainment on an “as is” and “as available” basis and is liable only to provide its services with reasonable skill and care.
9.2 External Sites have not been verified or reviewed by Yume Capital FZ LLC and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which the Tarracos Applications link.
9.3 Yume Capital FZ LLC gives no other warranty in connection with the Tarracos Applications and to the maximum extent permitted by law, Yume Capital FZ LLC excludes liability for the following (save to the extent that damage to your device or other digital content which you own is caused by the Tarracos Applications as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device):
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Any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Yume Capital FZ LLC has been made aware of;
- The accuracy, currency or validity of information and material contained within any User Content, Tarracos or the Tarracos Applications;
- Any interruptions to or delays in updating Tarracos or the Tarracos Applications;
- Any incorrect or inaccurate information on Tarracos or the Tarracos Applications;
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The infringement by any person of any copyright or other intellectual property rights of any third party through any User Content or use of Tarracos or the Tarracos Applications;
- The availability, quality, content or nature of External Sites;
- Any transaction involving External Sites;
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Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Tarracos Applications, or any User Content;
- All representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
9.4 Yume Capital FZ LLC does not warrant that the operation of the Tarracos Applications will be uninterrupted or error free.
9.5 Yume Capital FZ LLC will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
9.6 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
9.7 You agree that in relation to your use of the Tarracos Applications you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute Tarracos or the Tarracos Applications.
9.8 You agree that you are and shall remain responsible for maintaining the confidentiality of the password for accessing your Tarracos account or any relevant Platform and for all activities that occur under your account.
9.9 You hereby indemnify, defend and hold Yume Capital FZ LLC and Yume Capital FZ LLC’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all liability and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your access to or use of the Tarracos Applications, any User Content and any use of your membership account. You shall use your best efforts to cooperate with Yume Capital FZ LLC in the defence of any claim. Yume Capital FZ LLC reserves the right, at Yume Capital FZ LLC’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. TERMINATION AND SUSPENSION
Without limiting to any other rights it may have Yume Capital FZ LLC may remove, restrict, cancel or suspend access to and use of the Tarracos Applications and any part of them, if it considers (in its sole discretion) that you have breached of any of these terms and conditions or if you are under 13 years old. Additionally we reserve the right to:
10.1 Cancel your Tarracos account if it has not been used for 18 months;
10.2 Bring legal action against you if you are in breach of these terms and conditions and to participate in any government, criminal or private legal action or investigation relating to your conduct using the Tarracos Applications; and
10.3 Temporarily or permanently discontinue the Tarracos Applications and any and all services and content available through the Tarracos Applications at any time, including for service maintenance and upgrades.
11. EARLY ACCESS
11.1 If any part of Tarracos is made available to you as part of an alpha, beta or other early access programme (an “Early Access Feature”) you specifically agree, acknowledge and accept that:
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The Early Access Feature is made available “as is” as work in progress and as part of an early access programme for evaluation and demonstration purposes only, in order to assess and evaluate its performance including the identification of any errors or defects.
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The Early Access Feature may (and likely will) contain defects and/or errors.
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The Early Access Feature may and probably will crash and / or cause data loss.
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You use, download and install the Early Access Feature at your own risk, knowing that it is provided as is and with faults.
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You are advised to back-up and otherwise safeguard all data and software on your computer or device and to not rely on the correct functioning or performance of the Early Access Feature.
11.2 You may have access to and be entrusted with confidential information and trade secrets relating to the Early Access Feature before it is made public, and about our business and plans. You will not divulge or communicate to any person, cause or facilitate any disclosure of, or make any use of, such confidential information without our prior written permission. This obligation shall survive termination of these terms and conditions but shall not apply in respect of any information which has become available to the public generally other than through unauthorised disclosure.
12. GENERAL
12.1 These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit Yume Capital FZ LLC’s liability for death or personal injury resulting from neither its negligence nor any fraudulent representation.
12.2 All questions, comments or enquiries should be directed to
[email protected] or by post to Yume Capital FZ LLC, 6th floor Business Center, The Meydan Hotel Grandstand, Meydan Road Nad Al Sheba, Dubai,UAE.
12.3 These terms and conditions constitute the entire agreement between you and Yume Capital FZ LLC and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
12.4 Use of the word “including” in these terms and conditions means including without limitation.
12.5 Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
12.6 If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
12.7 The Tarracos Applications are intended for and directed at the UAE and no representation or warranty is made as to whether the Tarracos Applications comply with the regulatory regime and local laws of any other country.
12.8 We may make changes to these terms and conditions from time to time. To access a printable, current copy of these terms and conditions, go to http://www.tarracos.com/terms on your PC. Please check regularly to ensure that you are aware of any changes.
12.9 You will be notified of material changes by a posting as you sign in or otherwise access the Tarracos Applications or by email to your current email address as registered with us. Your continued use of the Tarracos Applications after any changes signifies your acceptance of these changes. If you do not accept material changes to these terms and conditions you must stop using the Tarracos Applications.
12.10 We may assign our rights and obligations under these terms and conditions without your consent provided that such assignment does not adversely affect your rights under these terms and conditions.
13. GOVERNING LAW AND JURISDICTION
To the extent permitted by applicable law, use of the Tarracos Applications and these terms and conditions are subject to the laws of UAE which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use. To the extent permitted by applicable law, the contract between you and Yume Capital FZ LLC shall be deemed to have been formed and performed in UAE, shall be construed in accordance with the laws of UAE. and you agree to submit to the exclusive jurisdiction of the UAE courts.
14. WARRANTY AND DISCLAIMER
Other than as set out in these Terms and Conditions, we give no warranty about the quality, functionality, availability, completeness, accuracy or performance of the Tarracos Applications or any content and services available via the Tarracos Applications. We do not guarantee the Tarracos Applications will always be available or error free and we assume no liability for your inability to licence any content, goods or services. We exclude all liability for loss of data or unauthorised access to data and for damage caused to your software or hardware as a result of using or accessing the Tarracos Applications. You are responsible for your Internet Service Provider fees and any other fees related to your use of Tarracos Applications, including any increase in such fees resulting from your use of Tarracos Applications.
If we are liable to you for failure to deliver content or services, our liability is limited either to re-providing the relevant content or service or (at our option) refunding the amount you paid for the content or service.
These terms and conditions set out your sole and exclusive rights in connection with the Tarracos Applications. These terms and conditions and the above limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law. However, you may have other legal rights as a consumer, which are not affected by these terms and conditions.
Contact Yume Capital FZ LLC
All questions, comments or enquiries should be directed to Yume Capital FZ LLC at
[email protected]
Yume Capital FZ LLC
Registered company address:
Yume Capital FZ LLC, 6th floor Business Center, The Meydan Hotel Grandstand, Meydan Road Nad Al Sheba, Dubai, UAE
Affiliate Program Terms & Conditions
Overview
By accessing, browsing, or otherwise signing up for the affiliate program, you
represent that:
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You acknowledge that you have read, understand and agree to these terms of
use.
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You are of a legal age to form a binding contract with Yume Capital FZ LLC.
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You have the authority to enter into these terms personally. If you do not agree
to be bound by these terms, you may not access or sign up to Yume Capital FZ LLC affiliate program.
The “Effective Date” of this Agreement is the date on which you sign up for the Affiliate
Program.
The terms of the Affiliate Program (“Agreement”) is entered into by and between
Yume Capital FZ LLC, a UAE company (“Yume Capital FZ LLC”) operating
under the jurisdiction of UAE, and the person or entity signing up for the Affiliate
Program (“Affiliate Partner/You”).
In consideration of the terms and conditions set forth below, the parties agree as
follows:
1. Purpose
Subject to the terms and conditions of this Agreement, Yume Capital FZ LLC
hereby grants to Affiliate Partner during the term a limited, non-transferable,
revocable and non-exclusive right to market and refer Yume Capital FZ LLC’
Products and/or Services to prospective customers.
2. Scope of the Referral Process
2. Programs
Free Program
Affiliate partners can join this program for free and bring in referrals. Affiliate
commissions in the Free Program are calculated as a share from a shared profit pool. The
first commissions of the Free Program will be calculated at the earliest 31.1.2025 and
after that monthly.
Premium Program
Affiliate Partner will automatically become premium by purchasing one of our virtual properties presented on the website. The Company reserves the right to change the price of any virtual properties anytime, so the valid price is the one presented on the website at the effective day of the Affiliate purchasing a virtual property.
A. Qualified Referrals:
Affiliate Partner is eligible to receive a referral commission only if Affiliate Partner
submits a referral to Yume Capital FZ LLC which meets the requirements set forth
under this Agreement (“Qualified Referral”). Yume Capital FZ LLC shall, at its sole
discretion, decide whether a referral constitutes a Qualified Referral.
Affiliate Partner shall submit all referrals through the referral URL provided by Yume Capital FZ LLC for the same (“Referral Link”).
For abundant clarity, a referral submitted by Affiliate Partner through any other mode
of communication, including without limitation, via a phone call or an e-mail including
self-referrals shall not be considered Qualified Referrals.
B. Negotiation Rights:
Affiliate Partner agrees not to negotiate terms or make commitments on behalf of
Yume Capital FZ LLC. Yume Capital FZ LLC shall collect the applicable
subscription charges for the Yume Capital FZ LLC Products and/or Services
directly from the Customer.
C. Eligibility:
Affiliate Partner shall be entitled to a commission only if a Qualified Referral turns into
a paying Customer of Yume Capital FZ LLC within one (1) month from the date a
referral is submitted by the Affiliate Partner (“Conversion Period”).
D. Ineligible Referrals:
When someone subscribes to a Yume Capital FZ LLC Products and/or Services
pursuant to the Affiliate Partner’s sales and marketing efforts in accordance with this
Agreement, Yume Capital FZ LLC shall, at its sole discretion determine if such
subscriber is a Qualified Referral. Referrals ineligible for a referral commission are set
forth as per described below.
- Existing customers: Referrals who are Yume Capital FZ LLC’s existing customers prior to the referral are not eligible to receive referral commission.
- Existing Opportunities: Referrals that convert into leads that are materially the same (i.e., same entity) as opportunities that are in Yume Capital FZ LLC’s or Yume Capital FZ LLC’s resellers' active sales process at the time of the referral or were in process during the ninety (90) days prior to the referral submission are not eligible for referral commission.
- Failure to Follow Process: Referrals where the Affiliate Partner has failed to follow the process set out in this agreement are not eligible for referral commission.
- Self-Referrals: Referrals referred by the Affiliate Partner are not eligible for referral commission where (i) the referred lead is the Affiliate Partner itself or an entity that the Affiliate Partner owns or is an employee in; or (ii) where the referred lead is an affiliate of the Affiliate Partner. If the Affiliate Partner makes a self-referral, Yume Capital FZ LLC may, at its discretion, terminate this Agreement and cease paying commissions for such self-referral.
- Referral Link: Referrals submitted by the Affiliate Partner without using the Referral Link or before signing up for the Affiliate Program are not eligible to receive any commissions under this Agreement.
E. Commission:
The commission is bound by the commission rules presented at the website. This
refers to any change in subscription including the increase and decrease of net
revenue generated by the Customers, as well as the termination of the Customers
contracts with Yume Capital FZ LLC.
3. Payment Process:
Yume Capital FZ LLC will calculate referral commission for each Qualified Referral
on the Free Program monthly and on the Premium Program weekly basis, and such
commission will be disbursed to the Affiliate Partner’s Tarracos Account within 7 days.
The accepted payment methods for commissions withdrawal are listed on the website.
4. Affiliate Partner Responsibilities
A. Affiliate Partner represents and warrants that it shall:
- Not send unsolicited communications, junk email, spam, or other forms of duplicative or unsolicited messages to leads.
- Not use banners or links on newsgroups, chatrooms, message boards, banner networks, hit farms, guest books, etc.
- Not run any pay-per-click campaigns competing with Yume Capital FZ LLC advertising activity.
- Not have more than one Tarracos Account.
- Use only materials given by Yume Capital FZ LLC for Affiliate Partner’s sales and marketing efforts.
- Not engage in excessive telemarketing activities for promoting Yume Capital FZ LLC Products and/or services.
- Not promote Yume Capital FZ LLC on sites containing unlawful, hateful, abusive, or pornographic content.
Including all applicable laws in the performance of its obligations under this
Agreement.
5. Intellectual Property Rights
Yume Capital FZ LLC and its licensors retain all right, title and interest (including
all patent, copyright, trademark, trade secret and other intellectual property rights) in
and to Yume Capital FZ LLC products and/or services.
6. Marketing
The Affiliates can only use the marketing materials provided by Yume Capital FZ LLC.
Affiliates shall not materially modify the marketing materials provided by Yume Capital FZ LLC in any way that causes Affiliate Partner to misrepresent the
technical capabilities, features or functions of the Yume Capital FZ LLC products
and/or services. It is clarified that Affiliate Partner will not, by virtue of the foregoing
license, acquire any right, title or interest in Yume Capital FZ LLC’ Marks or
Products and all rights thereto are reserved by Yume Capital FZ LLC.
7. Confidentiality
Each party (as “Receiving Party”) will use the same degree of care that it uses to
protect the confidentiality of its own confidential information of like kind (but not less
than reasonable care) to :
A. Not use any Confidential Information of the other party (the “Disclosing Party”) for
any purpose outside the scope of this Agreement.
B. Except as otherwise authorized by the Disclosing Party in writing, limit access to
Confidential Information of the Disclosing Party to those of its employees and
contractors who need that access for purposes consistent with this Agreement and
who have signed confidentiality agreements with the Receiving Party containing
protections not materially less protective of the Confidential Information than those
herein. If Receiving Party is required by law or court order to disclose Confidential
Information, then Receiving Party shall, to the extent legally permitted, provide
Disclosing Party with advance written notification and cooperate in any effort to
obtain confidential treatment of the confidential Information. The Receiving Party
acknowledges that disclosure of Confidential Information would cause substantial
harm for which damages alone would not be a sufficient remedy, and therefore that
upon any such disclosure by the Receiving Party, the Disclosing Party will be entitled
to seek appropriate equitable relief in addition to whatever other remedies it might
have at law. To the extent the information shared under this Agreement constitutes
personal data as defined under applicable data protection laws, both Affiliate Partner
and Yume Capital FZ LLC will comply with the same. Any personal data of the
Affiliate Partner that Yume Capital FZ LLC may receive shall be processed in
accordance with Yume Capital FZ LLC private policy which is included herein by
reference.
8. Termination
This Agreement will continue until either party terminates this Agreement. Yume Capital FZ LLC may terminate this Agreement at any time without cause and
without liability upon intimation to the Affiliate Partner.
Yume Capital FZ LLC may immediately terminate this Agreement for:
- Any breach of this Agreement by the Affiliate Partner
-
Bringing in spam leads or failing to bring in sufficient Qualified Referrals who
turn into paying Customers during the term of this Agreement.
-
Bringing in leads with an abnormal amount of credit card rejection occurring
extra-payment fees.
-
Any case of fraud suspected or activity exploit terms and conditions as per
described by the affiliate program agreement.
Effect of Termination
Upon termination of this Agreement, Affiliate Partner agrees to cease all marketing
and promotional activities and all further use of the Yume Capital FZ LLC products
and/or services.
9. Disclaimer
Yume Capital FZ LLC may provide links or access to third party software or
services. The use of any such third-party software and services are governed by the
terms of the third-party provider and are binding on Affiliate Partner. Yume Capital FZ LLC does not provide any warranties and has no liability or obligations to the
Affiliate Partner, with respect to usage of such third-party software and services
including the Tarracos Account created by the Affiliate Partner.
10. Indemnification
Affiliate Partner will indemnify and hold Yume Capital FZ LLC and its affiliates
harmless against any claim brought by a third party against Yume Capital FZ LLC
and its respective employees, officers, directors, and agents arising from or related to
use of the Marks by Affiliate Partner in breach of this Agreement.
11. Limitation of Liability
11.1 Neither party shall be liable for any exemplary, special, indirect, consequential or
incidental damages of any kind (including without limitation lost profits, loss of use,
loss of business, or loss of profit or revenue), even if such party has been advised of
the possibility of such damages. The limitations on either party’s liability under this
section shall not apply to liability for death, personal injury of a physical nature or
damage to tangible property caused by either party’s gross negligence or intentional
misconduct.
11.2 Yume Capital FZ LLC’ aggregate liability under this agreement, regardless of
the form of action, will not exceed the commission paid to affiliate partners by Yume Capital FZ LLC in the 6 (six) months preceding the claim.
The foregoing states the entire liability of each party with regard to this agreement,
the products and/or services provided hereunder.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of UAE, without regard to conflict of
laws principles. Any dispute or claim arising out of or relating to this Form shall be
determined by arbitration in the UAE. The arbitration shall be administered by UAE
competent authority pursuant to its arbitration rules and procedures.
13. Miscellaneous
A. Injunctive Relief:
The Affiliate Partner expressly agrees that Yume Capital FZ LLC shall be entitled to
injunctive and other equitable relief in the event of, or to prevent, a breach of any
provision of this Agreement by the Affiliate Partner. Resort to such equitable relief,
however, shall not be construed to be a waiver of any other rights or remedies that
the Yume Capital FZ LLC may otherwise have under law.
B. No Assignment:
Except to its affiliates and/or within group companies, neither Party shall assign any
part of this Agreement or its respective rights or obligations under this Agreement
without the prior written consent of the other Party (which consent shall not be
unreasonably withheld). Subject to the foregoing restrictions, this Agreement will be
fully binding upon, inure to the benefit of and be enforceable by the Parties and their
respective successors and assigns.
C. Modifications:
From time to time, Yume Capital FZ LLC may modify this Agreement. Unless
otherwise specified by Yume Capital FZ LLC, changes become effective for Affiliate
Partner after the updated version of this Agreement goes into effect.
D. Severability – No Waiver:
If any provision in this Agreement is held by a court of competent jurisdiction to be
unenforceable, such provision shall be modified by the court and interpreted so as to
best accomplish the original provision to the fullest extent permitted by applicable
law, and the remaining provisions of this Agreement shall remain in effect. Delay or
non-exercise of any right under or provision of this Agreement by either party does
not constitute a waiver of that right or provision of this Agreement.
E. Survival:
Sections 5 (Intellectual Property), 6 (Marketing), 7 (Confidentiality), 9 (Indemnification),
11 (Limitation of Liability), 12 (Governing Law), 13 (F) (Survival), 13 (H) (Notices), 13 (I)
(Entire Agreement) and will survive any termination of the Agreement. Termination of
this Agreement will not limit either party’s liability for obligations accrued as of or
prior to such termination or for any breach of this Agreement.
F. Relationship between the Parties:
The Parties are independent contractors. This Agreement does not create a
partnership, franchise, joint venture, agency, fiduciary or employment relationship
among the Parties.
G. Notices:
All notices to be provided by either Party to the other under this Agreement may be
delivered in writing by email or postal delivery service (“Courier”) to the contact
mailing address provided by the parties.
H. Entire Agreement:
This Agreement, together with Yume Capital FZ LLC Terms and Conditions
constitutes the entire agreement and supersede any and all agreements between
Yume Capital FZ LLC and Affiliate Partner with regard to the subject matter
hereof.
14. Definitions
14.1 Customer means a Qualified Referral that has entered into an agreement with
Yume Capital FZ LLC (by paying) to procure the Yume Capital FZ LLC products
and/or services pursuant to the Affiliate Partners marketing and promotional activities
under this Agreement.
14.2 Affiliate Program means the program initiated by Yume Capital FZ LLC where
entities and persons who sign up as Affiliate Partners are required to market and refer
eligible Yume Capital FZ LLC products and/or services to prospective customers in
consideration for a commission from Yume Capital FZ LLC.
14.3 Tarracos Account means the account created by the Affiliate Partner with Yume Capital FZ LLC which it uses to realize the commissions paid under this Agreement