Terms of Use

By using the website, www.armyrage.com, www.ad400.bg, www.yacuba.com (”Website”) you agree to the following terms:

Information About Us

This Website is controlled and operated by Yacuba Games Limited (”Yacuba”), a company incorporated under the laws of Malta with its registered office at Villa Seminia 8, Sir Temi Zammit Avenue, Ta' Xbiex, XBX1011 Malta.

Yacuba’s main trading address is Villa Seminia 8, Sir Temi Zammit Avenue, Ta' Xbiex, XBX1011 Malta.

Yacuba is regulated by Malta Financial Services Authority (MFSA).

Yacuba is a limited company.

To the extent permissible by applicable law, in no event shall Yacuba, other members of its group of companies, or other third parties mentioned on this Website:

2. Be liable for any direct, indirect, special, consequential or economic loss or damage (including, without limitation, those resulting from loss or profits, lost data or business) that results from the use of, or the inability to use any functions of or any information on the Website  even if Yacuba has been advised of the possibility of damages.

3. Be liable to you for any amount in excess of £100.

Accessing The Website

Except for your statutory rights, these terms of use together with our Privacy Policy and Acceptable Use Policy posted on the Website (Privacy Policy; Acceptable Use Policy) comprise the agreement between you and Yacuba to the entire exclusion of all other terms or conditions.

The Website is only for your personal use. You may not use the Website for commercial purposes or in any way that is unlawful or harms Yacuba or any other person or entity as determined by Yacuba in its sole discretion.

The Website may require you to create an account to participate in certain activities or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). If you are provided with, a user identification code, password or any other piece of information as part of our registration and security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, where our registration process requires such information. You acknowledge and agree that Yacuba may take steps to verify the accuracy of information you provide. You also agree to promptly notify Yacuba at the address set out below of any unauthorised use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website. In addition, you agree to exit from your account at the end of each session.

Yacuba has the right to disable, suspend or terminate your account and your ability to use the Wesbite or portion thereof, at any time, if in its opinion you have failed to comply with any of the provisions of these terms of use.

When using the Website, you must comply with the provisions of our Acceptable Use Policy.

Intellectual property rights

All designs, text, graphics and other contents/arrangements of the Website in whatever format belong to Yacuba or its licensors. All rights in these are reserved other than expressly permitted herein: permission is granted to copy electronically and to print hard copy portions of this Website only for your personal non-commercial use or for the extent necessary to browse the Website. Other than such use, no permission is granted including for reproduction, modification, distribution, republication purposes without Yacuba’s prior written consent.

All trade marks, service marks and trade names mentioned in the Website are the property of  Yacuba or other respective owners that have granted Yacuba the right and licence to use such marks. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

If you print off, copy or download any content/arrangements of the Website in breach of these terms of use, your right to use the Website and any content/arrangements will cease immediately and you must, at Yacuba’s option, return or destroy any copies of the materials you have made.

Links to Third Party Websites

This Website may contain links to other Internet websites, which are owned/operated by third parties. Yacuba is not responsible for the information and content of any such third party website nor of any transactions or communications between you and such websites. If you have any concerns regarding links, content or transactions at such third party sites, please contact the website administrator or webmaster of such third party websites.

Disclaimer and Warranties

To the extent permissible by applicable law, Yacuba makes no representation of any kind with respect to the Website, or any functions of or information contained on the Website and disclaims all conditions, terms, representations and warranties, express or implied, including without limitation the implied warranties of satisfactory quality, fitness for a particular purpose, reasonable care and skill and of non-infringement of any third party proprietary rights.

Yacuba accepts no responsibility for the content created by users of the Website.

Yacuba holds any details provided to Yacuba by you in accordance with Data Protection legislation. Further details are set out in Yacuba’s Privacy Policy.  By using Yacuba’s Website, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Yacuba will report any such breach to the relevant law enforcement authorities and Yacuba will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Yacuba will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 or to your downloading of any material posted on it, or on any website linked to it.

EVENTS BEYOND OUR REASONABLE CONTROL

Yacuba will not be liable or held responsible for any delay or failure to comply with our obligations under these terms of use if the delay or failure arises from any cause which is beyond our reasonable control ("Force Majeure Event").

A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes in particular (without limitation)strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under these terms of use is deemed to be suspended for the period that the Force Majeure Event continues, and Yacuba will have an extension of time for performance for the duration of that period. Yacuba will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

Website

Yacuba reserves the right to change the Website, delete content or features and withdraw or amend the functions or services it provides without notice. Yacuba will not be liable if for any reason the Website is unavailable at any time or for any period.

From time to time, Yacuba may restrict access to some parts of the Website, or the entire Website, to users who have registered with Yacuba.

Yacuba aims to update the Website regularly, and may change the content features, services or functions at any time. If the need arises, Yacuba may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and Yacuba is not under any obligation to update such material.

AMENDMENTS TO THESE TERMS OF USE

Yacuba reserves the right, at its sole discretion, to change, modify, add, or delete portions of these terms of use at any time on both a temporary and permanent basis. In the event that Yacuba does so, Yacuba will notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided to Yacuba, and/or by prominently posting notice of the any such change, modification, addition, or deletion on the Website. Any such change, modification, addition, or deletion will be effective upon the earlier of seven (7) calendar days following our dispatch of an electronic notice to you or seven (7) calendar days following our posting of such notice on the Website covered by these terms of use. If you do not agree to any permanent change you may cancel your account.

Please note that, at all times, you are responsible for updating your personal information to provide Yacuba your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

TERMINATION

Yacuba may immediately terminate this agreement with respect to you (including your access to the Website) in its absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the Website and destroy all materials obtained from the Website and all copies thereof, whether made under these terms of use or otherwise.

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.

GENERAL PROVISIONS

If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. If you breach these terms of use and Yacuba takes no action against you, Yacuba will not be considered to have given up its rights in respect of your breach and Yacuba will also still be entitled to use our rights and remedies in any other situation where you breach these terms of use.

Except where expressly provided to the contrary, these terms of use are personal to you and you shall not assign these terms of use or any of your rights and entitlements herein to any third party without prior written consent.

Jurisdiction and applicable law

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Your concerns

If you have any concerns about material which appears on the Website, please contact privacy@yacuba.com.

COPYRIGHT© 2011-2012 Yacuba Games Limited