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Terms of Service
By using this site including our games (hereafter referred to as "Service") you agree to be bound by our Terms of Service. These Terms of Service are concluded between Pelican Party Studios, a company incorporated in the Netherlands ("Pelican Party", "we", "our", or "us") and you. If you do not wish to agree to these Terms of Service, do not access or use any part of our Service.
Age requirement
By using our Service, you attest that you are 16 years of age or older. If you are younger than 16 years, you must have obtained parental or legal guardian consent to use our Service.
Use of our service
You can use our Service without an account, but some features require you to sign up with a Pelican Party account. A Pelican Party account is personal and may only be used by you. You are responsible for the security of your account and for all activities or actions under your account.
By using our Service, you agree to not use our Service for any unlawful or prohibited activities, including, but not limited to, fraud, abuse, or malicious activity. You also agree to not disrupt our Service networks and servers.
We reserve the right to terminate access to part or the entirety of our Service at our sole discretion when we deem that you are violating these Terms of Service. Automated systems may also temporarily limit you from using our Service when they detect unusual activity.
Privacy
By using our Service, you agree to our practices concerning the collection, use, and sharing of your information as described in our privacy policy.
Payments
The majority of our Service is available free of charge, but if you wish to support the development of our games, you may subscribe to Pelican Party Plus. In return, we will make our best effort to make available premium features. These features differ from game to game, and some games may not contain any premium features at all. We reserve the right to make modifications to the available features from time to time.
You may cancel your subscription at any time from your account settings page. When you cancel your subscription, your premium features will remain available until the end of your billing cycle.
For legal reasons, we can not guarantee a refund aside from any consumer rights applicable to you. But in practice, we can usually refund recent payments at our sole discretion.
If you are a resident of the European Union, you have the legal right to withdraw from the conditions of the subscription within 14 days of the date on which you started first paying for our Service. You do not have to provide a reason for this withdrawal. If you wish to exercise your right of withdrawal, please contact us via email using the address support [at] pelicanparty.co.
When exercising your right of withdrawal, you may use the following withdrawal form:
To Pelican Party Studios, Postbus 37, 2676 ZG Maasdijk, Netherlands, support [at] pelicanparty.co:
I hereby give notice that I withdraw from my contract for the provision of the following service,
Ordered on,
Name of consumer,
Address of consumer,
Signature of consumer (only if this form is notified on paper),
Date
Modifications to our service
We may make improvements and changes to our Service at any time without notice. We may suspend or discontinue any part of our Service, or we may introduce new features or impose limits on certain features, or restrict access to parts or all of our Service.
We reserve the right to modify and update these Terms of Service at any time and will post the revised Terms of Service on the pelicanparty.games website when we do so. Continued use of our Service after such changes shall constitute your consent to such changes.
Limitation of liability
We do not make any guarantees regarding the reliability of our Service and we do not guarantee the security of your data despite best efforts. Our Service is provided "as is" and without any warranty. You agree to not hold Pelican Party responsible nor to seek indemnification for any damages that may arise as a result of a case of force majeure, coincidence, or the loss of use, data, or profits connected to the performance of our Service or failure in such performance, or if confidential material is unintentionally released as the result of a security failure or vulnerability.
If Pelican Party owes you compensation, Pelican Party shall not be liable for an amount more than the amount invoiced by Pelican Party to you in the three months prior to the damage arising, unless the law stipulates otherwise. If invoiced per year, Pelican Party shall not be liable for more than a quarter of the annual amount.
Indemnification
You agree to indemnify and hold harmless Pelican Party Studios and its affiliates, contractors, employees, third-party information providers, licensors, licensees, and others involved in our Service from any liabilities, expenses, damages, and costs, including reasonable attorney's fees arising out of or related to your violation of any of the Terms of Service or your use of our Service.
Choice of law
These Terms of Service shall be governed in all respects by and construed in accordance with the laws of the Netherlands, without regard to its conflicts of law principles. If any provision of these Terms of Service is deemed invalid, illegal, or unenforceable, such provision will be deemed amended to comply with applicable law and the remaining provisions of the Terms will continue in full force and effect to the extent permitted by law.
The provisions related to limitation of liability, disclaimer of warranties, indemnification obligations, and choice of law shall survive any termination of these Terms of Service. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not constitute a waiver of that provision.