TERMS OF USE

Version : 11-06-2024
Last modified : 27-02-2025 (company address updated)

INTRODUCTION

Please read these Terms of Use (“TOU”) carefully, as it constitutes a legally binding agreement between you and Lirio Games. These TOU include the applicable terms and conditions when using MyHorsez and related services.

By creating an Account and/or playing MyHorsez, you acknowledge that you have read, understand, and agree to be bound by these terms. You also agree to be bound by the additional rules, available at [Rules]. In case you do not agree to these terms, you must not create an Account or play MyHorsez.

Access to MyHorsez is granted to individuals who are 18 years old or above at the time of registration. If you are younger than 18 years old, you need to get permission from your parent(s) or legal guardian(s) to use MyHorsez, and they must read and accept the TOU on your behalf. By registering, you expressly affirm that you are 18 years old (or older) or that you’ve gotten the consent of your parent(s) or legal guardian(s).

PRIVACY

We believe it is important to be transparent about how we process your personal data. For more information we refer to our privacy policy which can be found at [Privacy Policy].

1. Terminology

   The following definitions are used in the TOU:

   “Account” means a personal account created by you to play MyHorsez;

   “TOU” means this end user licence agreement, including any amendments to this end user licence agreement from time to time;

   “Pluscoins” means in-Game credits purchased by the User for money;

   “MyHorsez” means the game created by Lirio Games and known as MyHorsez, as modified, patched, updated and upgraded from time to time by or with the authorisation of Lirio Games;

   “Intellectual Property Rights” means all copyrights, database rights, trade marks and other intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights;

   “Lirio Games” means Marlinda Design, a company incorporated in the Netherlands (KVK number 34384821) having its address at Lange Amerikaweg 55, 7332 BP, Apeldoorn;

   “Premium Subscription” means any subscription that can be purchased within MyHorsez at any given time;

   “Term” means the term of this TOU, commencing in accordance with Clause 10.1 and ending in accordance with Clause 10.2 or applicable legislation;

   “Update” means a hotfix, patch or version update or upgrade (minor or major) to the Game;

   “User” means the person to whom Lirio Games grants a right to use the Game under this TOU in accordance with the preamble to this TOU. Alternatively, the User will be referred to as “You” in this TOU;

   “User Generated Content” means all works and materials (including text and images) that the User submits to MyHorsez or has created in MyHorsez;

   “Virtual Goods” are all virtual goods in MyHorsez, including but not limited to coins (virtual game currency), ranches, horses and other items that are a part of MyHorsez

2. Account

   1. In order to access and start playing MyHorsez, you need to create an Account by entering a user name and the requested personal information on the website. To be able to make an account, you must be at least 18 years old or have permission from your parent or legal guardian.
   2. When creating an Account, you must always give us accurate and complete information, including your date of birth and e-mail address. Please make sure that this information is accurate and up to date at all times.
   3. You will comply with the following obligations relating to your Account:
      1. You will keep the information to log-in to your Account secret and will not share this information with anyone else. You are not allowed to let anyone else play on your Account. Please know that everything that happens on your Account is your own responsibility;
      2. You will only use your Account in a non-commercial manner. This means that you are not allowed to use your Account in any way to make money, such as by selling in-game items or by selling your Account.
   4. You are not permitted to create or own more than one account per server. Using multiple accounts simultaneously on one server is also not allowed. In case Lirio Games discovers that you have more than one Account on a server, all Accounts on that server will be terminated immediately.
   5. Your Account can be suspended and/or terminated in case you are acting in violation of:
      1. The terms and conditions of this TOU;
      2. Any other regulation or policy applicable to the use of MyHorsez;
      3. Any applicable laws.

3. Rules of conduct

   1. You will comply with the following obligations when playing or making use of MyHorsez:
      1. You will not copy, modify or create derivative works of MyHorsez or any part of it;
      2. You will not distribute, transfer, sublicense, lease, lend, rent, grant a security interest in or otherwise provide access to MyHorsez to any third party;
      3. You will not buy, sell or transfer (the contents of) your Account of MyHorsez;
      4. You will not modify, alter, edit, adapt or create derivative works of MyHorsez;
      5. You will not reproduce, decompile and/or reverse engineer MyHorsez, except if this is authorized by mandatory law;
      6. You will not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting);
      7. You will not delete, remove, disable or circumvent any security protection measures, anti-cheating measures or proprietary notices in or associated with MyHorsez;
      8. You will not violate any law, rule and/or regulation.
   2. We think it is important that MyHorsez is a safe and enjoyable for everyone and the use and/or access to MyHorsez for harmful activities is expressly prohibited. Therefore you will comply with the following rules of conduct:
      1. You will not cheat when playing MyHorsez or take unfair advantage of errors and/or bugs in MyHorsez;
      2. You will not share information and/or content that is misleading or untruthful;
      3. You will not share information and/or content that is libelous, defamatory, abusive, harassing, threatening, bullying, racist, discriminatory or hateful;
      4. You will not share information and/or content that is erotic and/or pornographic;
      5. You will not share information and/or content that contains hyperlinks, torrents or similar information that includes and/or refers to material that infringes the rights of third parties;
      6. You will not share information and/or content that contains commercial, charitable and/or idealistic communication;
      7. You will not share information and/or content that contains viruses, malware, Trojan horses, worms, bots or other (malicious) software;
      8. You will not share information and/or content that contain tools and/or solutions with which MyHorsez can be examined and/or used in an improper way;
      9. You will not share information and/or content which infringes the rights, reputation of interests of Lirio Games and/or third parties;
      10. You will not share information and/or content which is unlawful;
      11. You will not publicly name and/or reveal the identity of any other player;
      12. You will not impersonate another person or falsely imply that you are an employee and/or representative of Lirio Games
      13. You will not interfere with or disrupt any server and/or network used to support or provide MyHorsez and/or any service provided by Lirio Games (including any hacking or cracking into MyHorsez);
      14. You will not interfere with and/or disrupt another player’s use of MyHorsez or any service provided by Lirio Games;
      15. You will not negatively affect other players’ enjoyment of MyHorsez.

4. Pluscoins & direct purchases

   1. Lirio Games offers the possibility to Users to purchase Pluscoins or the direct purchase of Virtual Goods, which can be used in MyHorsez.
   2. When you purchase Pluscoins or Virtual Goods, Lirio Games provides you with a limited license to use the Pluscoins/Virtual Goods in MyHorsez. Please note that Pluscoins/Virtual Goods are stored on the servers of MyHorsez and cannot be downloaded onto your own device(s). While you as a User may benefit from using Pluscoins/Virtual Goods in MyHorsez, you do not obtain any ownership rights in respect of the Pluscoins/Virtual Goods.
   3. The price for the purchase of Pluscoins/Virtual Goods is shown when making the purchase in MyHorsez. You can pay using the indicated payment methods. Prices include any applicable taxes.
   4. Obvious errors and obvious mistakes in prices are not binding. This includes situations where Pluscoins/Virtual Goods or the items which can be bought with Pluscoins are priced incorrectly. Lirio Games will let you know that something was priced incorrectly and then you will have the option to (still) buy the items for the correct price. If you are not interested in that, we will cancel your purchase and you will receive a full refund of the payment you made earlier.
   5. You understand and agree that:
      1. You are not allowed to trade, exchange and/or sell the Pluscoins & Virtual Goods for real-world money;
      2. Pluscoins & Virtual Goods will be deleted and/or lost when you lose access to your account;
      3. Lirio Games is not obliged to offer Pluscoins & the direct purchase of Virtual Goods to you. This means that Lirio Games can decide to stop offering Pluscoins & the direct purchase of Virtual Goods certain players, within certain countries or regions, for legal, regulatory of business considerations.
   6. Upon termination of this TOU, any and all rights you have in relation to the Pluscoins and the purchased Virtual Goods shall immediately and automatically terminate as well.
   7. We will not issue a (partial) refund for Pluscoins and/or Virtual Goods that you have purchased, except as otherwise mandated by the applicable laws of your country.
   8. Right of withdrawal waiver for Pluscoins and/or Virtual Goods:
      • You expressly waive your right of withdrawal for the delivery of digital content not supplied on a tangible medium, provided that the performance has commenced with your explicit prior consent and you have declared that you have waived your right of withdrawal, unless the law in your jurisdiction provides otherwise. This section does not affect your statutory rights.
      • You expressly waive your right of withdrawal for the delivery of services, after full completion of the service, provided that the performance has commenced with your explicit prior consent and you have declared to waive your right of withdrawal as soon as we have completed the contract in full, unless the law in your jurisdiction provides otherwise. This section does not affect your statutory rights.

5. Premium Subscription

   1. Lirio Games offers the possibility to Users to purchase a Premium Subscription.
   2. The benefits and price of the Premium Subscription are shown when making the purchase in MyHorsez.
   3. The Premium Subscription has a duration of one month and will automatically renew every month until you cancel your Premium Subscription. The day on which you purchase your Premium Subscription will be the renewal day for the consecutive months. For example, if you have purchased your Premium Subscription on 14 March, the renewal period will be starting on 14 June, et cetera.
   4. You can cancel your Premium Subscription at any time. This can be done by sending an email via the contact form and/or through your account settings. In case you cancel your Premium Subscription, your Premium Subscription ends on the next renewal day. In case you cancel your Subscription on the renewal day, you will be charged the price for the Premium Subscription for the upcoming month (and no refund will be provided).
   5. Lirio Games has the right to change the price of the Premium Subscription at any time. If Lirio Games decides to do so, we will notify you at least thirty (30) days in advance of any changes. If this price change is implemented within three months of the start of the premium subscription, you have the right to terminate the TOU.
   6. If the price for the Premium Subscription is not paid (on time) or payment is unjustifiably reversed, we can immediately suspend your Premium Subscription and/or your Account until the payment is received. In case the payment is unjustifiably reversed, we have the right to also charge the fee which the payment providers has charged us for the reversal.
   7. We will not issue a (partial) refund for Premium Subscriptions that you have purchased, except as otherwise mandated by the applicable laws of your country.
   8. Right of withdrawal waiver for Premium Membership(s):
      • You expressly waive your right of withdrawal for the delivery of digital content not supplied on a tangible medium, provided that the performance has commenced with your explicit prior consent and you have declared that you have waived your right of withdrawal, unless the law in your jurisdiction provides otherwise. This section does not affect your statutory rights.
      • You expressly waive your right of withdrawal for the delivery of services, after full completion of the service, provided that the performance has commenced with your explicit prior consent and you have declared to waive your right of withdrawal as soon as we have completed the contract in full, unless the law in your jurisdiction provides otherwise. This section does not affect your statutory rights.

6. Intellectual Property Rights

   All intellectual property rights to MyHorsez are owned by Lirio Games. This Agreement does only provide for a license and does not transfer and/or sell any intellectual property rights to MyHorsez or to any copy thereof. All rights that are granted to you are expressly mentioned in and are limited by this TOU, which means that no license, permission or right of access shall be implied.

7. User Generated Content

   1. You grant Lirio Games a worldwide, non-exclusive, royalty-free, transferrable, sub-licensable and irrevocable license to use your User Generated Content for any purpose.
   2. You guarantee that the User Generated Content complies with the rules of conduct as described in article 3 of this TOU.

8. Conformity

   1. MyHorsez is provided on an “as is” basis without any warranty of any kind. This means that Lirio Games does not guarantee that MyHorsez is free from bugs and/or defects, works flawlessly and/or is available at all times.
   2. You understand and agree that Lirio Games can run MyHorsez on different servers (per region), which means that you cannot trade and/or play with other players on different servers.
   3. You are responsible for establishing a secure internet connection and for any additional costs this may bring forth.
   4. Lirio Games may perform maintenance or implement Updates to MyHorsez, which may render MyHorsez temporarily unavailable.

9. Liability

   1. Lirio Games will not be liable to you for:
      1. Any damage resulting from links to websites that are not hosted on the servers of Lirio Games;
      2. Any damage and/or losses as a result of changes to MyHorsez;
      3. Any losses caused by events beyond the reasonable control of Lirio Games;
      4. Any loss or corruption of any data, database or software.
   2. In no event shall Lirio Games be liable under or in connection with this TOU for the following losses and/or damages (regardless of the cause thereof):
      1. Indirect damages and losses;
      2. Incidental damages and losses;
      3. Consequential damages and losses;
      4. Special damages and losses;
      5. Punitive damages and losses;
      6. Exemplary damages and losses.
   3. Nothing in this TOU will:
      1. Limit or exclude any liability for death or personal injury resulting from negligence of Lirio Games;
      2. Limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. Limit any liabilities in any way which is not permitted under applicable statutory laws.
   4. Notwithstanding the limitation of liability as referred to in this TOU, the liability on the part of Lirio Games is limited to an amount equal to the amount you have spent will playing MyHorsez in the 3 months before the event has taken place for which Lirio Games is liable.

10. Term & termination

    1. This TOU comes into force on the moment that you create your Account and accept the TOU. These TOU will continue to remain into effect until it is terminated.
    2. Lirio Games may terminate the TOU by giving at least 30 days’ written notice to you. In this case you will get a (pro rata) refund for any fees paid in advance for the Premium Subscription.
    3. Lirio Games may terminate the TOU in case you are in breach of:
       1. The TOU;
       2. Any other applicable set of rules and/or policies applicable to MyHorsez;
       3. Any applicable laws.
       In this case you will not get any refund for any fees paid in advance for the Premium Subscription.
    4. You can terminate the TOU by cancelling your Account.
    5. In case the TOU is terminated, we may delete your Account.

11. Complaints

    1. In case you have any complaints about MyHorsez, you can submit your complaint via the contact methods as described on our Complaints page (myhorsez.com/en/help/complaints). make sure to submit your complaint within one month from when you first became aware of the issue. Explain your complaint as detailed and clear as possible. We will try to respond to your complaint within 14 working days. In case we require more time, we will let you know and provide an estimate of when you can expect a response.
    2. If you live in the EEA, you may also refer the dispute to an online platform for extrajudicial online settlement between consumers and merchants (http://ec.europa.eu/consumers/odr/).
    3. If we can't solve the issue in an amicable way, the dispute will be submitted to the qualified Dutch court for the district in which we are located (Gelderland). This is unless the law says something different.

12. Modification of this TOU

    Lirio Games has the right to change the terms and conditions of this TOU. You will be notified in advance of any updated and/or changed terms and conditions of the TOU via MyHorsez and/or the e-mail address which is connected to your account. In case you keep playing MyHorsez after a change of the terms and conditions, this means that you accept the changed terms. In case you do not want to be bound by the amended terms and conditions, you have the right to terminate this TOU.

13. Miscellaneous

    1. This TOU constitutes the entire and exclusive understanding and agreement between Lirio Games and you regarding MyHorsez. This TOU supersedes and replaces any and all prior oral or written understandings or agreements between Lirio Games and you regarding MyHorsez.
    2. You cannot assign or otherwise transfer this TOU or any right granted or obligation imposed hereunder, except in case you have received prior written consent of Lirio Games for the assignment or transfer. Lirio Games may freely assign or transfer this TOU without restriction, providing that the transfer does not serve to reduce the guarantees benefitting you under this TOU.
    3. If any term of this TOU is held invalid or unenforceable by a court of competent jurisdiction, that term will be deemed not to form part of this TOU but the remainder of this TOU shall remain in full force and effect.
    4. Where this TOU specifies that Lirio Games shall provide written notice to you, Lirio Games may do so by: (a) sending the notice to any email address supplied or made available by you; or (b) publishing a notice, addressed to users of MyHorsez generally, on its website.
    5. This TOU shall be governed by and construed under the laws of the Netherlands.
    6. Any and all disputes arising from or in connection with this TOU shall be subjected to the exclusive jurisdiction of the court of Gelderland, The Netherlands.

If you have any questions about this TOU, please contact Lirio Games at info@myhorsez.com