TOTAL ECLIPSE P.C.

TERMS OF SERVICE

                                     

1.    Terms of Service

The following terms and conditions (“TOS”) govern all use of the www.totaleclipsegames.com website (“Website”), the Total Eclipse portable applications & the Total Eclipse desktop games for PC/Mac/Linux (“Games”) and all content, products and services available at, or through, our Website and Apps (“Services”). The Website and Games are owned and operated by Total Eclipse P.C. (“Total Eclipse”), a Private Company with registered offices at 28 Verginas Street, Pylea, Thessaloniki, 54250, Greece. 

Please read the TOS carefully before accessing our Services. By accessing or using any part of our Services, you agree to become bound by the TOS. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Total Eclipse. If you do not agree with our TOS, please stop using our Services.

Total Eclipse develops and publishes the following Games: The Clockwork Man, The Clockwork Man: The Hidden World, Maya’s Dress Up, A Clockwork Brain, Fashion Getaway, Fashion Boutique, Bounty: Special Edition and Academy of Magic.

2.    Eligibility

Our Services excluding Fashion Getaway are not intended for children under the age of 13 and we do not knowingly collect any personal information  from children. Children under the age of 13 should not use our Services at any time. In the event that we learn that we have inadvertently gathered personal information from children under the age of 13, we will take reasonable measures to promptly erase such information from our records. You can read the Privacy Policy for Fashion Getaway here.

3.    How to sign up  at the Website

Sign-up at our Website requires a valid e-mail address and a password. A verification e-mail will be sent to your e-mail address as soon as you register. Please click on the link in the e-mail to verify your e-mail address. As soon as you verify your e-mail, your account will be activated. Registration is only required if you wish to purchase one of our Games. Downloading a demo, or browsing around our Website does not require registration.

 

You are fully responsible for:

·       Maintaining the security of your Total Eclipse account.

·       All activities that occur under your account

·       Any other actions taken in connection with your account.

You must immediately notify us of any unauthorized uses of your account or any other breaches of security at mailto:support@totaleclipsegames.com. Total Eclipse will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

4.    How to purchase our Games

We sell the following Games through our Website: The Clockwork Man, The Clockwork Man: The Hidden World, Fashion Boutique, Bounty, Academy of Magic. You may also purchase those Games through third-party websites and distributors, such as the Apple App Store, Steam or Desura and various other retailers (“Distributors”). If you purchase our Games through a Distributor, you are subject to their terms and conditions as well as their payment policies. You are solely responsible for your commercial interactions with third-party Distributors.

5.     Virtual Items

Total Eclipse owns, has licensed, or otherwise has rights to, use all of the content that appears in the Services or in the Games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in our Games, including without limitation the virtual items (Consumable or non-Consumable Item Purchases as defined below) or currency appearing or originating in any of our Games.

A non-Consumable Item Purchase is, for example, a permanent unlock of extra levels in our Games. Once the levels are unlocked, the user can unlock them again for free if she/he reinstalls the Game. A Consumable Item Purchase counts towards a finite number of usable resources that the user might spend for a specific purpose (i.e. a pack of gems). The Consumable Items can be traded for other items within the Games.

6.    Games Troubleshooting

We are responsible for the well-functioning of our Games purchased from our site, as well as from the following Distributor List:

1.     Apple App Store

2.     Desura

3.     Steam

4.     Ubuntu Software Center

 For game-troubleshooting please see our troubleshooting policies here.

If you purchase our Games from a distributor not included in the Distributor List, please contact the place of purchase for customer support matters as they would be responsible.

7.    Your Responsibility

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Our Website and Games may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website and Games may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Total Eclipse disclaims any responsibility for any harm resulting from the use of the Website and Games from third parties, or from any downloading by those third parties of content there posted.

You are also responsible for any unauthorized use of the Services by third parties using your Total Eclipse account in your name. You are advised to keep your login information strictly confidential.

8.    Content posted on other websites

We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which www.totaleclipsegames.com links, and that link to www.totaleclipsegames.com. Total Eclipse does not have any control over those non-Total Eclipse websites or webpages and is not responsible for their contents or their use. By linking to a non-Total Eclipse website or webpage, Total Eclipse does not represent or imply that it endorses such website or webpage.

9.     Total Eclipse’s rights

Total Eclipse has the right to:

·       Use your personal information available in your account for analytics purposes in order to improve the experience of its users.

·       Send newsletters occasionally to the users whenever there is an important announcement to make in conjunction with your use of our Games. You may unsubscribe from our newsletter list by the unsubscribe link found in the newsletter e-mail.

Total Eclipse:

·       Requests only the data it needs to operate its Games;

·       Does not sell or transfer your data to third parties;

·       Does not use your data to create any advertising creative;

·       Does not use your data in any other context other than the one described in those TOS and Privacy Policy.

10. Free usage of Website

Access and usage of the Website is free.

11. Payment procedures

a) Website

 

·       Demo

 

When you download the demo of our Games from our Website you either:

i)               Play until a certain level of the game (Clockwork Man versions 1 and 2) or

ii)              Play for a trial period of sixty (60) minutes (Fashion Boutique, Academy of Magic and Bounty)

After your trial period ends, you may click at the link at the end of the demo to purchase our Game.

 

·       Purchase of our Games

 

In order to purchase a full version of our Games, you must register in our Website according to our registration policies and as described in par. 3 of our TOS.

 

Payments via our Website, are handled through a third-party payment processor. We do not store any actual payment data such as your credit card information. We do save the following information for our payment history information purposes:

-          Your name

-          Amount of payment

-          Payment method

-          Order details

For more information about our third-party payment processor please see here.

 

b) Distributors

 

For our Games, payment takes place through our Distributors as described in par. 3 of our TOS.

 

12. Disclaimer of warranties

The Services are provided “as is”. Total Eclipse disclaims all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. To the fullest extent permitted by law, Total Eclipse disclaims any warranties for viruses and other harmful components in connection with our Services.

13. Limitation of liability

In no event will Total Eclipse be liable with respect to any subject matter of the TOS under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages resulting from the use of the Website and Games and/or (ii) for interruption of use or loss or corruption of data. Total Eclipse shall have no liability for any failure or delay due to matters beyond their reasonable control.

14. Indemnification

You agree to indemnify and hold harmless Total Eclipse, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of the TOS.

15. Copyright infringement

As Total Eclipse asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Total Eclipse violates your copyright, you are encouraged to notify Total Eclipse. Total Eclipse will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Total Eclipse will terminate a visitor’s access to and use of the Website and Games if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Total Eclipse or others.

16. Intellectual property

The TOS do not transfer from Total Eclipse to you any Total Eclipse or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Total Eclipse.  Total Eclipse, the Total Eclipse logo, and all other trademarks, service marks, graphics and logos used in connection with the Website and Games are trademarks of Total Eclipse or Total Eclipse’s licensors. Other trademarks, service marks, graphics and Website and Games grants you no right or license to reproduce or otherwise use any Total Eclipse or third-party trademarks.

17. Modifications

Total Eclipse reserves the right, at its sole discretion, to modify or replace any part of the TOS. It is your responsibility to check the TOS periodically for changes. Your continued use of or access to the Website and Games following the posting of any changes to the TOS constitutes acceptance of those changes. Total Eclipse may also, in the future offer new services and / or features through the Website and Games. Such new features and/or services shall be subject to the TOS.

18. Assignment

Total Eclipse may assign or delegate these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the TOS without Total Eclipse’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

19. Termination

You have the right to terminate our Services at any time by disabling the Total Eclipse-enabled applications on your computer or your mobile device or by notifying us at support@totaleclipsegames.com to de-activate your Total Eclipse Website account.

Total Eclipse may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, Total Eclipse can terminate your access of our Services if you materially breach the TOS and fail to cure within thirty (30) days from Total Eclipse’s notice to you thereof; provided that, Total Eclipse can terminate the Website and Games immediately as part of a general shut down of our Services.

All provisions of the TOS which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

20. Applicable Law

The present TOS are in conformity with Greek law. The country of the user and/or the country of the member with whom he or she is dealing with may have applicable laws in regard to their transactions with other users that may be independent of the agreements made with Total Eclipse in the TOS, or with the user later on.

All litigation with regards to the validity, interpretation, or execution of the present TOS will be governed by the laws of Greece. The proper venue for any disputes arising out of or relating to any of the same will be the Courts located in Athens, Greece.

21. Mediation/Arbitration

Any dispute, controversy or claim arising out of or relating to those TOS, or the breach, termination or invalidity thereof shall be resolved first by mediation by a single mediator in Athens, Greece in accordance with provisions of L. 3898/2010 and the rules and procedures of the Hellenic Center of Mediation and Arbitration in Athens, Greece. If the dispute does not settle at mediation, it shall be resolved by arbitration in Athens, Greece in accordance with the provisions of International Chamber of Commerce. There shall be 3 arbitrators, one to be appointed by the claimant and/or claimants and one to be appointed by the respondent and/or respondents and the third to be appointed by the common agreement of the two arbitrators selected by the parties. In the event of a failure to agree on the appointment of arbitrators, the appointing authority shall be the International Chamber of Commerce. Where such rules do not provide for a particular situation the arbitral tribunal shall, in its absolute discretion, determine what cause of action should be followed and the decision of the arbitral tribunal shall be final and binding on the parties to arbitration. The English language shall be used throughout the arbitral proceedings. The parties waive their right to any form of appeal or recourse from such arbitral proceedings to a court of law or other judicial authority.

22. Miscellaneous

·       This Agreement constitutes the entire agreement between Total Eclipse and you concerning the subject matter hereof.

·       If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

·       A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

·       This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

·       For any questions you might have regarding this Agreement you may contact us at mailto:support@totaleclipsegames.com.

Last updated: March 12th, 2014.