Appeak Terms and Conditions ("Agreement" / "Terms of service" / "Terms")

Last updated: February 27, 2018

1. Introduction

Rock Intention Malta Ltd. ("Rock Intention Malta Ltd.") is a Maltese company.
Each time you use or access any gaming applications of Appeak (the "Service"), you agree to be bound by the terms and conditions of this Agreement, as amended from time to time with or without notice, and without any liability. By using any of Appeak's applications, you are automatically subject to any rules and guidelines applicable, including those stated below. 

2. In-Game currencies/goods

The Service may include a virtual, in-game currency ("Virtual Currency") including, but not limited to chips, cash, or points, that may be purchased from Appeak for "real world" money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from Appeak for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from Appeak or any other party.

Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.

Appeak has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Appeak shall have no liability to you or anyone for the exercise of such rights.

Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of this Agreement and may result in a lifetime ban from the Service and possible legal action.

You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Appeak's sole and absolute discretion, or if Appeak discontinues providing the Service.

3. Prices

Appeak reserves the right at any time to revise any prices charged without notice. All orders for services are subject to availability and Appeak reserves the right to refuse to supply to any individual or company for whatever reason. All prices quoted are inclusive of sales tax and in American Dollars unless otherwise stated. Appeak is not responsible for fluctuations in currency exchange rates or commissions or fees for transacting in different currencies. 

4. Code of Conduct

In order to use the Service, you must agree to comply with the following Code of Conduct. You will NOT: 

1. Provide any content or conduct yourself in any way that may be construed as, but not limited to, the following: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the Service, including, but not limited to, viruses, and other destructive programming routine; giving rise to civil or criminal liability, or in violation of applicable local, national or international law;

2. Impersonate or misrepresent your association with any person or identity; nor forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; 

3. Collect or harvest any information about other users;

4. Provide any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce without written prior consent from Appeak;

5. Provide any content that may give rise to Appeak being held civilly or criminally liable, or that may be considered a violation of local, national or international law; including, but not limited to, copyrights, trademarks, patents or trade secrets;

6. Buy or sell, in any manner, Virtual Currency and/or Virtual Goods;

7. Cheat, including, but not limited to, playing multiple accounts in collusion on the Service. You recognize that the definition of "in collusion" is at Appeak's sole discretion. This includes creating a number of dummy accounts for purposes beyond standard use. If we determine that you've created fake accounts, or have been caught cheating, to be determined by our standards, your account will be reset or deleted at our sole discretion;

8. Any other conduct that Appeak subjectively determines to be inappropriate.

You agree that the Service, through the actions of users or by error, may expose you to content that may be objectionable or offensive. Appeak will not be responsible to you in any way for any content displayed by our users. 


5. USE OF PERSONAL INFORMATION We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, application usage,  surf the website, or use certain other site features in the following ways: To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested. To improve our website in order to better serve you and your needs. To send and to inform we might send you periodic emails regarding your order or other products and services. We might send you promotional content that you may have chosen to receive. You can stop receiving promotional material by following the unsubscribe instructions that may be found in every email we send and also on our website. To send you system alerts we might need to inform you about changes to Services, we might send you warnings or information about minor and material changes that might be of interest to you. To provide support we might use your information to communicate with you and provide necessary custom support. To enforce compliance, we might connect you if we see need to enforce our internal compliance and prevent possible violations. To respond to valid and lawful request that local authorities might impose, to defend and prosecute a court. To meet requirements imposed by national authorities and law enforcement structures. To transfer your information In the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy. We will notify you by posting a notice on our Website.

6. Inactive users

If you do not use the Service for more than 60 days, your account will be terminated. All Virtual Goods and Currencies are forfeited, as stated in (2).

7. Disputes between Users 

Appeak may at any time intervene in disputes between you and other users, but is under no obligation to do so. Appeak will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind. 

8. Modifications to Service

Appeak reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Appeak shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

9. Changes to this Agreement

Appeak may occasionally update this Agreement from time to time and we encourage you to periodically review it. If we change this Agreement we will post the new version on our official website. Your continued use of the Service constitutes your agreement to this Agreement and any updates.

10. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

11. Disclaimer of Warranties and Limitation of Liability 

APPEAK EXPRESSLY MAKES NO WARRANTY THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS FREE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO, FIT FOR PURPOSE AND NON-INFRINGEMENT. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPEAK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS; MISTAKES; INACCURACIES; LOSS OF DATA; DISRUPTION OF SERVICE; PROPERTY DAMAGE, INCLUDING, BUT NOT LIMITED TO, SOFTWARE OR HARDWARE FAILURES; WHILST USING THE SERVICE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

12. Indemnity

By using the Service, you hereby agree to indemnify, defend, and hold Appeak and its affiliates and their employees, officers, directors, members, agents, content providers, licensors, licensees, distributors, and agents harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by all or any such parties in connection with any claim arising out of any breach by you of the terms of this Agreement.

13. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Malta, notwithstanding any differences between the said applicable legislation and legislation in force at your location.
By using the Service, you accept that any proceedings or litigation brought by you against Appeak must be brought in the Republic of Malta, only, and you agree to this jurisdiction and location.