Terms Of Service

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WEBTOUCH MEDIA SRL TERMS OF SERVICE AGREEMENT

Last Updated: November 22, 2016

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Cartel Reloaded mobile application (the "Service") operated by WEBTOUCH MEDIA SRL ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

By accessing and using our games, services and content (further referred to as "Services") which are made available via our applications (further referred to as "APP"), web site or through our social networking pages you signify that you have read, understand and agree to be bound by the terms and conditions set forth below (further referred to as the "Terms").

License to Use the Services

Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through prescribed applications and webpages provided by WEBTOUCH MEDIA SRL or its service providers and partners. You may not use the Services for any other purpose. You may not use the Services through methods or applications that are approved or authorized by WEBTOUCH MEDIA SRL.

This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:

Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the prescribed game experience to the detriment of fair play;

Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience;

Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;

Exploit the Services or any of its parts for any commercial purpose;

Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;

Use more than one player account per APP, per physical device, by creating/using fake Unique Device Identifiers, modifying the application or any other method;

Use more than five physical devices per household, trying to modify the in-game economy;

Reset your account more than three times, and that you will not request the double Diamonds promotion for the first purchase after you have reset your account, for once or for multiple times; The double RC promo is only for the first purchase made for the first time on a new account, that was never reset.

Attempt to access the Services after access to said Services has been removed for break of the Terms;

Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law; or

Code of Conduct

Your use of the Services is governed by certain rules and guidelines (the "Rules of Conduct"), which are updated, maintained and enforced by WEBTOUCH MEDIA SRL and agents working on behalf of WEBTOUCH MEDIA SRL, and must be adhered to by all users at all times when using or accessing any portions of the Services. It is your responsibility to know, understand and abide by this Rules of Conduct. By accessing and using the Services, you agree that you will not: Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libellous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;

Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;

Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are all prohibited; Promote, encourage, or otherwise advocate the use of illegal drugs;

Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any web property or application on which the Services are available);

Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringe any copyright, trademark, privacy, publicity or other proprietary right of any party;

Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, Diamonds or any other in-game goods, if applicable or permitted by WEBTOUCH MEDIA SRL for any Services, must be limited to the appropriate forum or channel for such offers; It is strictly forbidden to sell Diamonds outside of Cartel Reloaded app for real cash or other goods without WEBTOUCH MEDIA SRL consent.

Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, WEBTOUCH MEDIA SRL representative or other players) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);

Use the Services (including bulletin boards and other communications services such as Private Messaging or Live Chat) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or

Soliciting for the purposes of transacting in-game currency not allowed by WEBTOUCH MEDIA SRL rules; or

Soliciting of any activity by spamming; or

Making critical, obscene, harassing, infringing, embarrassing, defamatory, libellous, unwanted and harassing comments about any Services, App, WEBTOUCH MEDIA SRL, WEBTOUCH MEDIA SRL Staff, or Moderators; or

Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties. Currently, we provide support in English. Please use a supported language when contacting us. Our Forums are only in English, and it's strictly forbidden to use any other language. All the non-English public comments will be deleted and you'll be warned for not using a supported language.

These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Rules of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Rule of Conduct at any time. User Account, Age Restrictions, Password, and Security

You may be able to use your user account and/or user ID of the website or APP on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form. YOU MUST BE 17 YEARS OF AGE OR OLDER TO USE THE SERVICES.

CERTAIN APPS PRESCRIBE HIGHER AGE LIMITS DEPENDING ON THE INDIVIDUAL APP.

Authentication of the Account

You may also be asked to choose a password and a username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms. You are responsible for maintaining the confidentiality of your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by WEBTOUCH MEDIA SRL or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.

Privacy

Any Content which you provide (and certain other information about you) is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. See our Privacy Policy for information and notices concerning our collection and use of your personal information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Romania and/or other countries for storage, processing and use by WEBTOUCH MEDIA SRL. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and you will not be able to opt out of receiving them.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of WEBTOUCH MEDIA SRL and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WEBTOUCH MEDIA SRL.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by WEBTOUCH MEDIA SRL.

WEBTOUCH MEDIA SRL has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that WEBTOUCH MEDIA SRL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Charges and Billing

In some cases, you can use a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to herein as "Payment Information") to pay for optional Services and/or upgrades. When you provide Payment Information to us (or our designated licensees or subcontractors), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. Links to Third Party Sites We may provide links on the Services to 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). Some of these web sites may charge separate fees, which are not included in any fees that you may pay to WEBTOUCH MEDIA SRL. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from one of our Services, and will not be liable for any claim relating thereto. The linked sites are not under the control of WEBTOUCH MEDIA SRL and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WEBTOUCH MEDIA SRL of these linked sites.

Content Rights

"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by WEBTOUCH MEDIA SRL or by users of the Services.

Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys.

You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, are the sole and exclusive property of WEBTOUCH MEDIA SRL and may be used by WEBTOUCH MEDIA SRL (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party. If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to WEBTOUCH MEDIA SRL all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity.

If such assignment is ineffective under applicable law, you hereby grant to WEBTOUCH MEDIA SRL the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, 
modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, 
or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.

You are granted a limited revocable license to post your own character or any other Content that WEBTOUCH MEDIA SRL specifically gives you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at

your direction, and does not in any way infringe the rights of a third party.

WEBTOUCH MEDIA SRL representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. WEBTOUCH MEDIA SRL and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by "flagging" it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services. You acknowledge and agree that WEBTOUCH MEDIA SRL may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.

Termination

We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service. In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by WEBTOUCH MEDIA SRL, you will not be entitled to any refund nor will any credits or in-game items (e.g., points in a game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts. The Services are Available "AS-IS" The Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user's errors and/or omissions.

Limitation of Liability

WEBTOUCH MEDIA SRL AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL,

WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING 
WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 
IN NO EVENT WILL WEBTOUCH MEDIA SRL OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED
 OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

WEBTOUCH MEDIA SRL its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

WEBTOUCH MEDIA SRL have the rights to place the game service under maintenance/downtimes at its own discretion, whenever this is needed for the game's protection. We also have the rights to investigate and to take back any Diamonds that were gain/received by the users from fraudulent actions. And to ban all the users that are in connection with such actions. We also have the rights to close the game service at any given time.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold WEBTOUCH MEDIA SRL harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by WEBTOUCH MEDIA SRL arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.

Waiver and Severability

The failure of WEBTOUCH MEDIA SRL to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Injunctive Relief

You acknowledge that the rights granted and obligations made hereunder to WEBTOUCH MEDIA SRL are of a unique and irreplaceable nature, the loss of which shall irreparably harm WEBTOUCH MEDIA SRL and which cannot be replaced

by monetary damages alone so that WEBTOUCH MEDIA SRL shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory
 breach by you.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Romania without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Romania's court, and you consent to the jurisdiction of and venue in such courts.

Other Jurisdictions

WEBTOUCH MEDIA SRL operates and controls this application from its offices in the Romania. WEBTOUCH MEDIA SRL makes no representation that this application is appropriate or available in other locations. The information provided on this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject WEBTOUCH MEDIA SRL to any registration requirement within such jurisdiction or country.

Modification of Terms

We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.

Entire Agreement

These Terms are the entire and exclusive agreement between WEBTOUCH MEDIA SRL and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.

Contact Us

If you have any questions about these Terms, please contact WEBTOUCH MEDIA SRL at contact@webtouch.ro. WEBTOUCH MEDIA SRL, Inc. 2015-2016, All Rights Reserved.

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