Terms and Conditions

Gaming terms and conditions for Powerdefense
The game “Powerdefense” is offered over the internet by the company Migotech. The use of Powerdefense is subject to the below terms and conditions. Using Powerdefense constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by Migotech.

Article 1. Use of the game

1.1. The game “Powerdefense” can be played in ECMAScript 6 compliant webbrowsers.
1.2. Powerdefense is free to use. However, after each use all data you entered is deleted immedately. To be able to save data for later use, and to use other advanced functions, you first need to register. After completing registration, you can directly log into your account and use the servce.
1.3. You must secure access to your account using the username (or email) and password. In particular you must keep the password strictly confidential. Migotech may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions.
1.4. Powerdefense processes your personal data. You give your consent for all forms of processing within the scope of the game. Consult the privacy statement of Migotech for more information.

Article 2. Terms of use

2.1. It it is not permitted to use Powerdefense for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the game that is slanderous, libelous or racist.
2.2. In addition, on Powerdefense it is forbidden to:

cheat in any way whatsoever;
repeatedly harass, annoy or cause grief to other players, even if this would be legal conduct under the game rules or the law;
use indecent language;
publish information that is pornographic or erotic (even if legal under applicable law);
violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
create accounts under someone else’s name or otherwise act as another, or as an administrator of Powerdefense.

2.3. Should Migotech discover that you violate any of the above, or receive a valid complaint alleging the same, Migotech will issue a warning. For repeat offenses Migotech may impose an appropriate sanction. The decision of the gamemasters is final and unchallengeable.
2.4. If in the opinion of Migotech the continued functioning of the computer systems or network of Migotech or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Migotech may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.5. Migotech is at all times entitled to file a criminal complaint for any offenses committed through or using the game.
2.6. Migotech may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Migotech from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

3.1. Migotech uses its best efforts to have the game available at all times but makes no guarantees about uninterrupted availability.
3.2. Migotech actively maintains Powerdefense. Maintenance can take place at any time, even if this may negatively impact the availability of the game. Maintenance is announced in advance whenever possible.
3.3. Migotech may from time to time adapt Powerdefense. Your feedback and suggestions are welcome but ultimately Migotech decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1. The game Powerdefense, the accompanying software as well as all information and images on the website is the intellectual property of Migotech and/or listed and accredited partners. None of these items may be copied or used without prior written permission of Migotech, except and to the extent permitted by mandatory law.
4.2. Migotech shall refrain from accessing data you store or transfer using Powerdefense, unless this is necessary for a good provision of the game or Migotech is forced to do so by law or order of competent authority. In these cases Migotech shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the game

5.1. Many features are free to use. The game offers optional content and features to which this article applies
5.2. The use of Powerdefense is paid for by spending credits for obtaining in-game upgrades, content, campaigns and premium features, as documented further on the website. Credits must be purchased in advance.
5.3. Payment is possible via iDeal online payment, by creditcard, by PayPal money transfer, or as explained further on the website.
5.4. Because the game is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
5.5. Credits are not refunded.
5.6. When providing you with our games on the Service we may display advertising before, in, after or around such games. Any dealings you engage in with any advertisers via our Service are between you and the advertiser, and subject to additional terms and conditions from such advertiser (if any). Migotech is not liable for any loss or claim you may have against any advertiser.
5.7. The Service may include links to websites of third parties, including links provided as automated search results. The existence of such links does not mean that we endorse these third-party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third-party sites.

Article 6. Limitation of liability

6.1. Except in case of intentional misconduct or gross negligence the liability of Migotech shall be limited to the amount of credits spent by you in the three months prior to the moment the cause of the damage occurred.
6.2. Migotech in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Migotech at most two months after discovery.
6.4. In case of force majeure Migotech is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

7.1. This agreement enters into force as soon as you first use the game and then remains in force until terminated.
7.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3. Migotech is entitled to terminate the agreement if you have not used the game at all in the last 18 months. In such an event Migotech shall first send a reminder mail to the e-mail address connected to your account.

Article 8. Changes to terms

8.1. Migotech may change or add to these terms and conditions as well as any prices at any timeat any timewith effect upon your next credit purchase.
8.2. Migotech shall announce through the game changes or additions at least thirty days before their taking effect. Price changes shall not apply to already-purchased credits.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Powerdefense after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Powerdefense shall be brought before the competent Dutch court for the principal place of business of Migotech.
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Powerdefense service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Migotech shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Migotech is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Powerdefense or the associated business activities.