1.1 Welcome to the Scwacy.com website. These terms and conditions (last updated on the 10th of December 2019) (“Terms”) and all the documents expressly referred to in them (the ”Agreement”) are the terms and conditions of the agreement which you enter into with us when you use the Scwacy.com Service (as defined below) and when you access and make use of our website Scwacy.com and any webpage containing this domain name, including any page that is enabled for use by a mobile device (the “Website”).
1.2 Please read these Terms, together with all the documents referred to in it, carefully before you start to use our Website and/or the Scwacy.com Service. By accessing and using our Website and/or the Scwacy.com Service, you indicate that you have read, understand and accept the terms and conditions of this Agreement and that you agree to abide by them each time you access and use our Website and/or the Scwacy.com Service. If you do not agree to this Agreement, please refrain from accessing and using our Website and the Scwacy.com Service. This Agreement applies to each visitor to and user of our Website and the Scwacy.com Service including registered users, unregistered users (each a “Citizen”, “you”, “your” or a “user”).
1.3 The online services which are available on the Website through the Scwacy.com Service will, among other things, allow you to engage in discussions with other Citizens in chat rooms, search our database for individual Citizens, invite people you know to become Citizens, download or copy portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Scwacy.com Service and create or manage virtual entities such as groups, blogs, events, pages, products, jobs, countries, companies and parties. All of these online services can be accessed in areas of the Website including but not limited to the homepage, profiles, country homepages, party homepages, world senate homepage, articles, article comments, private messages, citizen profiles, the Scwacy official wiki, currency creation and use, citizenship change, all debate links, as well as in any other areas of Scwacy not listed here, that will or may be created in the future (Scwacy.com Service”). You will also be able to use real-life currency to acquire advertising inside the website or units of the Scwacy special World Senate in-game currencies, Scwacy World Senate Gold & Scwacy World Senate Money, or virtual services, Scwacy World Senate Energy Pack and use them to unlock and access different sections of the Website. Some areas of the Website require registration prior to use.
2.1 The Website and the Scwacy.com Service is a website operated and administered and developed by Gamification Nation Ltd (“we”, “us” and “our”). Gamification Nation Ltd is incorporated in Romania under company number 40123363 with a registered office at Kemp House, 152 City Road, London, EC1V 2NX, UK.
3.1 You may only open one Citizen account on the Website. When registering for an account on the Website you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes.
3.2 If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable, suspend or restrict any user identification name or password, whether chosen by you or allocated by us, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of this Agreement.
You may not: (i) enter, select or use an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use a name without appropriate authorisation, iii) permit others to use your account, iv) sell, trade, or otherwise transfer your scwacy account to another party, v) use other Users’ accounts, vi) charge anyone for access to any portion of www.scwacy.com, or any information therein.
We reserve the right in our sole discretion to refuse registration of, suspend or cancel a user identification name without notice, or to test the veracity of email addresses provided at any time. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user identification name and password chosen or provided to you for your access to the Scwacy.com Service shall be for your personal use only and is non-transferable.
3.3 You agree to (a) immediately notify us of any unauthorised use of your user identification name or password, or any other breach of security and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section. 3.4 If you forget or lose your password, you should request a new password by visiting the “Forgot Password” section in the Login area.
4.1 Subject to this Agreement, you may:
4.1 use the Website for your own personal and/or commercial use to write feeds, blog posts, comments, chat posts and Citizen ads, send personal messages to other Scwacy users, create pages or groups, share feeds and articles with other Citizens of the Website, search our database for individual Citizens, invite people you know to join the Website, download or copy portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Scwacy.com Service and create virtual Entities like organisations, companies and parties;
All of these online services can be accessed in areas of the Website including but not limited to homepage; pages, groups, party homepages; citizen profiles; private messages, the Scwacy wiki, all debate links, as well as in any other areas of Scwacy not listed here, that will or may be created in the future.
4.2 We do not control the Content posted by third parties (including other Citizens) via the Scwacy.com Service, including, but not limited to, the content of any feeds, discussions, and we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website and/or the Scwacy.com Service, you may be exposed to Content that is offensive, indecent or objectionable. You are responsible for complying with all laws applicable to the Content you submit to the Website via the Scwacy.com Service. We may refuse any Scwacy.com Service without prior notice to any user for any reason or no reason.
4.3 As a condition of your access and use of our Website and/or the Scwacy.com Service, you warrant to us that you have the right, authority and capacity to enter into and be bound by this Agreement.
4.4 You must be over 16 years old to use the Website and/or the Scwacy.com Service. Persons under 16 years of age are not entitled to register as a citizen on Scwacy. The use of the Website and/or the Scwacy.com Service by a minor between the age of 16 and 18 is subject to the consent of their parent or guardian. By using the Website and/or the Scwacy.com Service, you declare that you are over 16 and/or that you have obtained the necessary consent to use the Website and/or the Scwacy.com Service in compliance with this agreement. We reserve the right to close any user account if such consent has not been granted or if you cannot establish that it has not been granted to our satisfaction. We advise parents or guardians who permit their children to use the Website and/or the Scwacy.com Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them by their parents or guardians.
4.5 We have no obligation to monitor or moderate any user’s activity or use of our Website and/or the Scwacy.com Service, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request.
4.6 Without any admission of liability, we may from time to time assess any possible risks for Citizens from third parties when they use the Website and/or the Scwacy.com Service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. Moderators are registered users of the Scwacy.com Service who may interact directly with other registered users to identify potential problems, conduct random verifications to ensure that this Agreement and the Rules are being complied with and impose sanctions accordingly. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or the Scwacy.com Service by a Citizen in contravention of our content standards, whether the service is moderated or not. Where we do moderate the Scwacy.com Service, we will normally provide you with a means of contacting the administrator, should a concern or difficulty arise.
4.7 We do encourage the use by you of the Support Centre, available in the Contact section, which we have placed on the Website which allows you to report any Content that is in breach of this Agreement or in any other way objectionable and to notify moderators of any abuses or breaches of this Agreement and the Rules. The Contact section also allows you to report any problems you may encounter during your use of our website, connected to the Scwacy, including payment issues etc.
4.8 Access to our Website and/or the Scwacy.com Service is permitted on a temporary basis, and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the Website and/or the Scwacy.com Service without notice or liability. Access to our Website and/or the Scwacy.com Service is provided on an “as is” basis. You should not rely on any Content and/or other material on our Website and/or the Scwacy.com Service to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Content and/or materials by any user of our Website and/or the Scwacy.com Service, or by anyone who may be informed of any of the Contents. We accept no responsibility for keeping the information in the Website and/or the Scwacy.com Service up to date or complete or liability for any failure to do so.
4.10 You are responsible for making all arrangements necessary for you to have access to our Website and/or the Scwacy.com Service. You are also responsible for ensuring that all persons who access our Website and/or the Scwacy.com Service through your internet connection are aware of this Agreement, and that they comply with them.
4.11 You are responsible for determining whether the Content you post can be displayed to all Citizens or a specified group or individual.
5.1 You agree that you shall not (and you agree not to allow any third party to):
6.1 These provisions apply to any and all Content which you contribute to our Website and/ or the Scwacy.com Service, and to any interactive services associated with it.
6.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole.
6.3 You are solely responsible for any Content that you submit, publish or display on the Website or transmit to other Citizens.
6.4 You are solely responsible for your ratings and feeds, private messages, chats and other communications published on our Website. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any Citizen’s use of the Website. You understand that we cannot guarantee the identity of any other Citizens with whom you may interact in the course of using the Scwacy.com Service. Additionally, we cannot guarantee the authenticity of any data which Citizens may provide about themselves or relationships they may describe.
6.5 By posting Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant us, our contractors, and the Citizens of the Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. This licence is exclusive, except you agree that we shall have the exclusive right to exercise this licence to the extent of combining your Content with the Content of other Citizens for purposes of constructing or populating a searchable database of feeds, discussion, and other information. You understand that this licence allows us to reformat, excerpt, or translate any materials submitted by you.
6.6 We reserve the right to limit the amount or number of Content postings that you may make on a particular topic.
6.7 The following is a partial list of the criteria that Content must comply with. Content must:
6.8 The following is a partial list of the type of Content that is prohibited on the Website. Content must not:
7.1 You agree that we may, with or without cause, immediately terminate your user account and access to the Scwacy.com Service without prior notice at our sole discretion. Without limiting the foregoing, the following may lead to a termination by us of a user’s use of the Scwacy.com Service and Website: (a) a breach of this Agreement, (b) a request by law enforcement authorities, police or other government agencies in respect of your account, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems experienced by us, and (e) extended periods of inactivity in respect of your account. Termination of your user account includes removal of access to all Scwacy.com Services, all Content that we may determine and may also bar you from further use of the Website. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to the Website.
7.2 You understand and agree that we may review and delete any feeds, private messages, discussion chats or other Content that in our sole judgment breach this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other or us. We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of this Agreement through your use of our Website and/or the Scwacy.com Service. When a breach of this agreement has occurred, we may take such action as we deem appropriate.
7.3 Failure to comply with this Agreement may result in our taking all or any of the following actions:
8.1 If you believe that Content posted on the Website breaches this Agreement or is in any other way objectionable, please notify us through the Support Center available in the Contact section of the Website specifying the full details of such Content and identifying all postings of such Content and specifying the reasons for your objections. If you do not provide us with sufficient information, we maybe unable to process your complaint. Additionally, you can use the designated “Report buttons” placed in the different sections of the Website to inform us about Content that is in breach of this Agreement. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. You are solely responsible for your interactions with other Citizens of the Website. While we reserve the right to monitor or to intervene in disputes between you and other Citizens, we have no obligation to do so.
9.1 You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Website and/or the Scwacy.com Service. You will, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the right to take any and all appropriate action against you under the terms of the Agreement.
10.1 You acknowledge that the Website and the Scwacy.com Service and any underlying technology or software used in connection with the Website and the Scwacy.com Service contains our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Website, or the Scwacy.com Service in whole or in part except as expressly provided. Except as expressly and unambiguously provided herein, we and our suppliers do not grant you any express or implied rights, and all rights in the Scwacy.com Service not expressly granted by us to you are retained by us.
10.2 If it is determined that you retain moral rights in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns, or on other websites; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.
10.3 You may print off one copy, and may download extracts, of any page(s) from our Website for your own personal purposes and you may draw the attention of others within your organisation to material posted on our Website. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the Website, nor incorporate it into another website without our express written permission. You may also permit your computer to make an electronically stored, transient copy of the Content on our Website for the purposes of viewing it while connected to the internet only.
10.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.
10.5 Our status (and that of any partners, advertisers or third parties identified on our Website) as the authors of material on our Website must always be acknowledged by you.
10.6 If you print off, copy or download any part of our Website in breach of this Agreement, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
11.1 The Content and other material displayed, accessible from or used on our Website are provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
11.2 This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
11.3 We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the Website.
11.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website and/or Scwacy.com Service or to your downloading of any material posted on it, or on any website linked to it.
11.5 We do not guarantee the security of the online services or any systems connected with the use of the Website (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Website or any systems used in accessing our services will be continuous or virus or error free.
11.6 Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this Agreement.
12.1 You agree to indemnify and hold us, our parent, subsidiaries, officers, directors, shareholders and employees, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Website, (ii) your use of the Scwacy.com Service, (iii) the violation of this Agreement by you, or (iv) the infringement by you, or any third party using your account or user identification name or password, of any intellectual property or other right of any person or entity.
13.1 Subject to this Agreement, you are granted the right to purchase advertising on Scwacy.com Website. In order to purchase advertising you need to replenish your Scwacy.com account wallet with real-life currency and then proceed with advertising at the price displayed throguh Scwacy Website interface. Prices may vary from time to time and reserve the right to change them at any time without given notice.
13.2 Any Citizen may purchase PRO Membership inside Scwacy which gives various benefits, benefits which are displayed inside the Website. We reserve the right to update, modify or remove any of the PRO benefits at any time without notice.
13.3 In order to buy Scwacy World Senate Gold & Scwacy World Senate Money, you must replenish your wallet ballance on Scwacy and access the “Premium” section of the Scwacy World Senate game, choose the Gold or Money pack you wish to buy and you acknowledge your acceptance of this Agreement by clicking “Purchase” for the chosen pack. You will then be transferred to the Website of the relevant payment provider, from which point you must follow the instructions given by that payment provider. You agree and acknowledge that the terms and conditions imposed by the relevant payment provider in respect of your transaction form a separate contract to this Agreement. We are not responsible and expressly exclude our liability for any loss or damage suffered by you arising from the use of the websites of any payment providers in connection with Scwacy. Please read the terms and conditions of any third party website carefully.
14.1 Subject to this Agreement, you are granted a limited licence right to use the Website’s virtual currency inside Scwacy World Senate game, Scwacy World Senate Gold & Scwacy World Senate Money & Scwacy World Senate Energy Pack which are available for purchase or free distribution at our discretion. You agree that Scwacy World Senate Gold, Scwacy World Senate Money & Scwacy World Senate Energy Pack are not redeemable for real money or money’s worth at any time from us, another Scwacy Citizen or a third party. You acknowledge that you are not entitled to claim refunds from us for Scwacy World Senate Gold, Scwacy World Senate Money & Scwacy World Senate Energy Pack purchased by you, other than where we have exercised our right to terminate your user account and termination was not caused by your breach of this Agreement, the game or of law. For the avoidance of doubt you are never entitled to a refund from us for Scwacy World Senate Gold, Scwacy World Senate Money & Scwacy World Senate Energy Pack given to you by us for free or given to you by another Citizen. You acknowledge that we reserve the right to regulate, modify, withdraw, suspend and otherwise control Scwacy World Senate Gold, Scwacy World Senate Money & Scwacy World Senate Energy Pack and the use of Scwacy World Senate Gold, Scwacy World Senate Money & Scwacy World Senate Energy Pack as we see fit and you agree that we will have no liability to you by reason of our regulation, modification, withdrawal, suspension and/or control of Scwacy World Senate Gold, Scwacy World Senate Money & Scwacy World Senate Energy Pack.
14.2 You may use Scwacy World Senate Gold & Scwacy World Senate Money to buy virtual companies, create virtual parties, fight players, buy virtual products available in the game, tip or donate to players and more others as available in the Scwacy World Senate game. Scwacy World Senate Gold & Scwacy World Senate Money may be transferred from user to user and so on. You may use Scwacy World Senate Energy Pack to get more virtual energy in the game that allows an extended play time. You acknowledge that we may, at any time and at our sole discretion, add new services for additional fees and charges, or amend fees and charges for existing services and may determine that any fees and charges are payable by the amount of Scwacy World Senate Gold & Scwacy World Senate Money specified by us or for an amount specified by us.
14.3 In order to buy Scwacy World Senate Gold & Scwacy World Senate Money, you must replenish your wallet ballance on Scwacy and access the “Premium” section of the Scwacy World Senate game, choose the Gold or Money pack you wish to buy and you acknowledge your acceptance of this Agreement by clicking “Purchase” for the chosen pack. You will then be transferred to the Website of the relevant payment provider, from which point you must follow the instructions given by that payment provider. You agree and acknowledge that the terms and conditions imposed by the relevant payment provider in respect of your transaction form a separate contract to this Agreement. We are not responsible and expressly exclude our liability for any loss or damage suffered by you arising from the use of the websites of any payment providers in connection with Scwacy. Please read the terms and conditions of any third party website carefully.
15.2 Any Content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right, at our discretion, to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
15.3 Content which comprises business and/or advertising material will appear on the Website. Individual business and/or advertisers are solely responsible for the content of the material which they submit to us including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any business and/or advertising material, including, without limitation, any error, omission or inaccuracy.
16.1 You may link to our home page, provided you want to use the Scwacy referral programme. Links to the Website must be done in a way that is fair and legal and does not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission. You must not establish a link from any website that is not owned by you.
16.2 We reserve the right to withdraw linking permission without notice.
16.3 If you wish to make any use of material on our Website other than in the manner that set out above, please address your request to [email protected]
17.1 Where our Website contains links to other websites and resources provided by our partners or other third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave our Website and do so entirely at your own risk.
18.1 In the course of providing you services and in respect of your use of the Website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Website, including emails which help inform Citizens about functionality of the Website. You also agree to receive emails containing information regarding new games and/or applications developed by our company or by any of our Partners.
19.1 The Romania courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website and/or Scwacy.com Website although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. This Agreement is governed by Romania law. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.
20.1 We may revise this Agreement at any time by amending the pages upon which they appear on our Website without giving notice of such modifications. Such modifications become effective immediately upon posting of the modified terms on the Website. You agree to review the Agreement periodically so that you are aware of any modifications. Your continued use of the Website and/or Scwacy.com Service after any modifications indicates your acceptance of the modified Agreement.
21.1 A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.
22.1 In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.
22.1 We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.
24.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about the Website and/or the Scwacy.com Service provided by you to us are non-confidential and may be used by us at our discretion.
25.1 Notices regarding any alleged copyright infringement should be directed to us via email at: [email protected] For any other questions or complaints, please contact us online at [email protected] or by post to Gamification Nation Ltd, Kemp House, 152 City Road, London, EC1V 2NX, UK. Thank you for visiting our Website.