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TERMS AND CONDITIONS

LEGAL NOTICE

CLOVER TALES is the official independent video game development platform of ORSON KENNETH ANTONIO LEIZIAGA GUILLEN, a Venezuelan citizen, identified with Passport number 140421020, and his development team. Thank you for visiting the CLOVER TALES website (https://clovertales.com/), hereinafter "The Site". We also welcome the interest shown in our site and the games available. We invite you to read these TERMS AND CONDITIONS OF USE before using the site, in order to stay informed about the scope of our services. Access to our Site indicates your express and free acceptance of these TERMS AND CONDITIONS OF USE.

TERMS AND CONDITIONS

This website is operated by CLOVER TALES ("The Developer"), mainly dedicated to the development of video games for children and adults' entertainment. On this Site, CLOVER TALES does not provide any type of service, as it is a website that is purely informative and illustrative of our values, team, and games offered.

  • • This page presents detailed information about the developer's video games. On the home page, visitors will find thematic backgrounds with video game names, followed by a brief description of the team and the game. In addition, the platforms on which the video games will be marketed are specified. There is a section where users can register to access free demo versions of the video games using their email address. There is also a "Contact" section where visitors can send messages directly to the team.
  • • The page is built with Nextjs on the frontend, uses the Serverless Framework for the backend with lambda functions, and DynamoDB for the database. Resources are stored with CDN and all code is written in Typescript.
  • • Access to our Website is authorized only for people of legal age according to the laws of the client's or potential client's country of origin. If you are not of legal age or do not have the legal authorizations and capacity required to access and use this Site, please refrain from using it, leave it, and do not access its functionalities. In any case, we recommend parents and guardians supervise their children's access to the Site.
  • • Entry to this Site indicates that you have committed to accepting and complying with these TERMS AND CONDITIONS. If you do not agree with these TERMS AND CONDITIONS, do not enter this Site, refrain from using the Site and its Contents, and leave it immediately. Please note that your right to access or enter this Site may be canceled at any time by CLOVER TALES without prior notice or justification.
  • • These TERMS AND CONDITIONS will be directed to interested third parties who visit The Site, as well as any other person who freely accesses the contents of the Site and navigates/or uses the functionalities of the Site.
  • • If you decide to contact CLOVER TALES through this Site, please note that electronic transmission of information through global communication networks may not be secure, and therefore there is no guarantee on the reservation, confidentiality, or security of your information. Whether you have an active business relationship or not with CLOVER TALES, we ask you to refrain from transmitting information that is subject to reservation, confidentiality, or any kind of secret, since CLOVER TALES cannot ensure the reservation, confidentiality, or secret of the same, nor can it ensure the integrity or return of the information you send through this Site. Please do not send us your personal, secret, confidential or reserved information through electronic or physical means, unless CLOVER TALES has expressly and in writing authorized it. Also, refrain from sending CLOVER TALES unsolicited information, mail chains or any other that may be considered as Spam or suspicious content of infringing norms. Doing so will mean the violation of these TERMS AND CONDITIONS.
  • • The Site developed by CLOVER TALES does not provide services through the Site, this means that the video games cannot be played when accessing the website. It also does not allow the direct download of video games from The Site. The website has access links to different download platforms that will allow the user to download and enjoy our video games. These platforms have their own terms and conditions for their use and by accessing them and downloading the video game, you accept such terms and conditions.
  • • CLOVER TALES reserves the right to modify, change, or render inapplicable these TERMS AND CONDITIONS at any time and under its total discretion, without the need to notify you beforehand. CLOVER TALES warns you that it is your duty to visit this page regularly to be aware of changes. In case of non-application of these TERMS AND CONDITIONS, you will not be authorized to access the Site. However, the restrictions consented to by you regarding the information contained in this Site, limitations of liability, indemnities, and other concessions will survive the termination of these TERMS AND CONDITIONS. CLOVER TALES also reserves the right to take the Site or any portion of it off the network at any time, under its total discretion, and without the need to notify you personally.
  • • CLOVER TALES may, at any time, and without prior notice, modify, add, delete, suppress, amend, and in any way change the Contents of this Site including any document, data, testimony, review, reference or information included in the Site.
  • • The modification, reproduction, publication or transfer of any Content to other people, or its use for any purpose, is expressly prohibited. Except to the extent that current law allows, disassembly, decompilation, reverse engineering, or attempting by any means to break the protection of content is prohibited. All content, elements, and information on this Site including all text, format, images, music, trademarks, logos, banners, trade names, sounds, graphics, videos, animation, and other materials on this Site (the "Contents") are owned by CLOVER TALES, its affiliates and subsidiaries, and those of third-party contractors, licensors or assignees that correspond. Some of the Contents are protected by copyright and industrial property laws. Any unauthorized use of the Site's Contents that violate the property rights and intellectual property rights of CLOVER TALES or third parties, and may result in the initiation of corresponding legal actions by the holders of rights. Access to or use of this Site will in no way imply the grant or denial of any license, concession or right to use any of the trademarks, names, logos, designs or Contents protected by CLOVER TALES's intellectual property right or any third party, as appropriate. The creation of websites, Internet Sites, electronic documents or computer programs or applications of any kind that contain hyperlinks or marks that redirect the navigator to any Content of this Site is not permitted.
  • • Access to this Site implies that you have accepted that the use you will make of this Site, its Contents, and the information contained therein, will have legitimate and legal purposes and will be in compliance with these TERMS AND CONDITIONS and all and any applicable laws. In particular but not exclusively, the use of this Site, its Contents and the information contained in the Site is limited by the following: You agree that you will not use this Site, its Contents, or the information contained therein to: (a) transmit to third parties or in any way publish information that is false, harmful, hostile, abusive, irritating, troublesome, threatening, tortuous, defamatory, vulgar, obscene, pornographic, unfounded, hateful or harmful, or with respect to which you do not have the due legal or contractual authorizations; (b) cause harm to minors or promote or inflict physical or material damage on any person or group of natural and legal persons, or animals; (c) use the identity or personal information of people (natural or legal) mentioned on the Site, for any purpose or purpose; (d) transmit or issue material that contains computer viruses or any other code, computer program or application intended to interrupt, destroy, restrict or harm the functionality of computers, computer programs, information systems, telecommunications networks or infrastructure and third-party services; (e) intentionally or unintentionally violate or fail to comply with any applicable national, local, state or international law, including but not limited to privacy and data protection laws; (f) collect, store and manage personal data about natural and legal persons without the corresponding authorization and in breach of applicable laws; (g) execute, plan, assemble, structure or perform criminal practices or activities; (h) infringe the intellectual property rights of CLOVER TALES or third parties, among other injurious behaviors to third parties or applicable laws.
  • • Except for the license mentioned in this section, the modification, reproduction, decoding, decryption, disarming, reverse engineering, publication, hyper-linking, transfer to other people, or in any other way the alteration or disclosure of the Contents and the information contained in this Site without prior written permission is prohibited. CLOVER TALES grants you a limited, non-exclusive and revocable license to access, observe, print and download any Content from this Site as long as it is to satisfy a personal information interest. This license does not include the authorization for the publication, distribution, assignment, sublicensing, transfer, editing, sale, development of derivative works or any other use other than strictly to satisfy a personal information need. In any case, the Content and the information contained in this Site, in whole or in part, whether graphic or documentary, may not be reproduced in any form or incorporated into any other document, medium or set of data that can be retrieved after its registration, electronically, mechanically, optically or any other, unless its purpose is to satisfy the personal interests here authorized.
  • The Site may have contents from third parties who do not work or are in any way linked to CLOVER TALES, therefore, the accuracy and certainty of such information and contents are not guaranteed.
  • CLOVER TALES appreciates the comments, suggestions, complaints, claims and requests that are made through the channels established for these purposes. As a user we hope you do so with the absence of illegal, false, harmful, hostile, abusive, irritating, problematic, threatening, tortuous, defamatory, vulgar, obscene, pornographic, unfounded, rights-violating, injurious, hateful or damaging behaviors and contents. Sending any content implies that you have granted CLOVER TALES a non-exclusive and free license to publish, edit, reproduce, modify, reorganize, translate, adapt, create derivative works from, transfer to third parties, sublicense or otherwise disclose worldwide the information that you have sent, through the Site or any other means, after complying with the intellectual property norms that are applicable, and without needing to notify you about the use of such information, or require permissions, authorizations or previous or written consents from you. The authorization granted by you gives the right to CLOVER TALES, at its discretion, to use and transfer the name that you have submitted with the content or information that you have sent. This authorization will be understood as the granting of your consent for the use of your personal information, in accordance with the laws, precedents and regulations applicable in the field of personal data protection.
  • CLOVER TALES, in advance, thanks users for reporting anomalies in the content or in the operation of the Site to the email address contact@clovertales.com.
  • CLOVER TALES has been making its best efforts to ensure that all Content and information included on this Site are to your liking. Such content is illustrative of the different video games of the developer and contains horror, mystery, and fantasy content. Therefore, it does not assume responsibility for any information and Content included on this Site.
  • CLOVER TALES, its affiliates, employees, directors, agents, officers, distributors, marketers, sponsors or licensors, do not give any warranty, neither express nor implied, in relation to this Site and all its Content, which is provided as it is able to be evidenced. The user of the Site will be solely responsible for the operation, performance, and security of the wired or wireless networks and computers on and in which access to the Site is made. The user of the Site acknowledges that the Site may not be available due to many factors such as force majeure, unauthorized access, computer viruses, denial of service and other attacks, technical failures of the server, failures in telecommunications infrastructure, or discontinuity. CLOVER TALES expressly disclaims any express or implied warranty regarding the use of the Site and/or its availability, accessibility, security, performance, or error-free operation. CLOVER TALES denies and rejects any warranty about the correction of the defects that this Site and its Contents may have, or about the non-existence of harmful or damaging technical or technological components.
  • INDEMNITY. Users of the Site assume their own risk when accessing and using it, including the personal risk and that of their properties and those of third parties that may arise from knowing, using, sharing, or downloading any Content or information provided on this Site or otherwise obtained by you through this Site. You as a user of the Site will be solely responsible for the damages that access to the Site may cause to the information and communication systems that you use to access it, including damage by computer virus. CLOVER TALES, its affiliates, employees, directors, agents, officers, distributors, marketers, sponsors or licensors, to the extent permitted by applicable law, will not be responsible in any case, whether or not there are claims or actions of any type or form, for any damage, whether direct or indirect, special, punitive, exemplary, emerging, actual, possible or any other, that is caused to or suffered by the user of the Site or any third party, including but not limited to damages to human integrity, property, loss of use, commercial loss, economic loss, loss of data or loss of profits, damage caused by contractual liability, negligence, and/or extra-contractual liability, due to the access and use of the Contents of this Site or the use of the information contained in the Site. By accessing this Site, the user has agreed to keep CLOVER TALES and its development team indemnified from complaints, legal or extrajudicial claims related to the use of this Site. This applies in the case of violation by the users of this Site of these TERMS AND CONDITIONS.
  • ARBITRATION CLAUSE. Any controversy or difference related to this contract will be resolved by an arbitration court administered by the Center for Conciliation, Arbitration, and Amicable Composition of the Chamber of Commerce of Medellin for Antioquia, composed of one (1) arbitrator. The arbitrator will be appointed by mutual agreement by the parties, and if this is not possible, will be appointed by a draw conducted by the Center for Conciliation, Arbitration and Amicable Composition of the Chamber of Commerce of Medellin for Antioquia from its lists. The court will operate in the facilities of the mentioned Center, will be subject to the rules provided in its Regulations, will be governed by the current provisions on the matter, and will decide in law.
  • For all legal purposes, the law applicable to these TERMS AND CONDITIONS will be exclusively the laws of the Republic of Colombia.
  • These TERMS AND CONDITIONS may not be modified by the users of the Site.
  • In the event of a declaration of nullity of some provisions or provisions of these TERMS AND CONDITIONS, it will be interpreted in accordance with the law applicable to the case and will not cause the invalidity or nullity of the remaining provisions of these TERMS AND CONDITIONS, within the interpretive limits in light of the regulations applicable to the case.
  • CLOVER TALES' immediate demand for compliance with any of the postulates established in these TERMS AND CONDITIONS does not imply a waiver, either tacit or express, to assert such provisions later.
  • • In case of violation by you of these TERMS AND CONDITIONS, or any complaint or information that CLOVER TALES receives from third parties about the breach, abuse or misuse of these TERMS AND CONDITIONS, it may be investigated by CLOVER TALES, who may take all measures and initiate all legal and extra-legal actions against you, to obtain the cessation of conduct or remedies and indemnities to which there may be a place under applicable law.
  • • Any act that has as its purpose or effect the damage, interference, affectation of integrity, or interception of the systems that support this Site, its operation or the Contents is expressly prohibited by CLOVER TALES and by these TERMS AND CONDITIONS. Acts that impose unreasonable or disproportionate burdens on the Site's network systems or any other network infrastructure that the Site uses are prohibited.

USE OF PERSONAL DATA

The Developer complies with Colombian regulations on the handling of personal data. Personal data collected through user registration will be treated according to the Manual of Policies and Procedures on the Protection of Personal Data, hereinafter "Privacy Policy" of the website, which is available at https://clovertales.com/. By using the website and providing your personal data, you accept the processing of your data in accordance with the Privacy Policy.

VERSION AND INTEGRITY OF THE DOCUMENT

These TERMS AND CONDITIONS were last updated in June 2023. In the event of any modification to these, it will be published through the same means through which you became aware of them.

These TERMS AND CONDITIONS constitute an integral part of the terms and conditions of our video games, therefore, this text will be understood as accepted when accepting the terms and conditions of our video games.

INTERPRETATION

In case of any doubt in the interpretation and application of this TERMS AND CONDITIONS document and the terms and conditions of the developer's video games, the interpretation most favorable to the consumer will be applied.

If any part of these terms is considered not valid or not enforceable according to any of the corresponding local laws or at the discretion of a competent court, that part should be interpreted in a manner consistent with the applicable law to reflect our original intentions as closely as possible, and the rest of these terms will remain valid and enforceable. If it is not possible to interpret an invalidated or unenforceable part of these terms in a manner consistent with the applicable law, that part will be considered removed from these terms without affecting the rest of the provisions of these terms.