TEMTEM TERMS OF USE

LEGAL ADVISE

In accordance with the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce, the following information is provided:

DATA IDENTIFICATION

You are visiting the website and online Game owned by CremaGames S.L. with N.I.F.: B86562139, with registered office at Calle ULISES, 108, 28043, MADRD, hereinafter THE OWNER. You can contact the OWNER by any of the following means: Contact Email: info@cremagames.com

These Terms of Use (“TOU”) apply to each user of the Game linking these TOU (“Game”) provided by CREMAGAMES SL (“Company,” “we,” “us,” or “our”).

The availability of the Game on a distribution platform, social networking site, website, or online store does not indicate any relationship or affiliation between us and those sites.

Your use of this Game is subject to these TOU and all applicable laws, rules and regulations. Please read these TOU carefully and contact us with any questions.

By accessing this Game, you agree that you have read, understand and agree to be legally bound by the TOU set forth below. If you do not agree to be bound by these TOU, do not access this Game. These TOU may be modified by us at any time. You can review the most current version of these Terms of Use at any time on our http://www.playtemtem.com/temterms.html website. In agreeing to these TOU, you are responsible for periodically checking for changes and/or updates to these Terms of Use.

1. License. Company grants you a revocable limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Game for non-commercial purposes. In downloading and utilizing the Game, you are responsible for ensuring compliance with any applicable terms and conditions of the social networking site through which the Game is made available. As between Company and you, title, ownership rights, and intellectual property rights in and to the Game and any derivatives or modifications thereof, in whole or in part, remain with Company. You understand that Company may modify or discontinue the Game or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Game except in Company's sole discretion. You do not acquire any right, title or interest in any content on the Game by virtue of accessing the Game or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Game is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Game are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Game and any unauthorized reproduction, retransmission or other use of any part of the Game may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.

2. Privacy. Any information you provide during use of the Game is governed by the Privacy Policy located at http://www.playtemtem.com/pp.html You agree to the collection, use and sharing of your information as set forth in our Privacy Policy.

3. Limitations. The USER of this website, game or services we offer, undertakes to make appropriate use of the contents and services (e.g. chat services, discussion forums or newsgroups) that THE OWNER offers through its portal and platforms with an explanatory but not limited character, not to use them for:



The OWNER reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist pornographic, that threaten youth or childhood, order or public safety or that, in his opinion, will not be suitable

License Limitations. Crema may suspend or revoke your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:

Derivative Works: Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.

Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:

cheats; i.e. methods not expressly authorized by Crema, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;

bots; i.e. any code and/or software, not expressly authorized by Crema, that allows the automated control of a Game, or any other feature of the Platform, e.g. the automated control of a character in a Game;

hacks; i.e. accessing or modifying the software of the Platform in any manner not expressly authorized by Crema; and/or

any code and/or software, not expressly authorized by Crema, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;

Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Crema,, including, without limitation (i) playing the Game(s) at commercial establishments; (ii) gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s); (iii) performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Crema’s Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.

Cloud Computing:  Use the Platform, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device.

Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform; provided, however, that Crema may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.

Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.

Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by Crema in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Crema), or as part of content aggregation networks.

Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by Crema.

Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.

Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of Crema’s Platform in any way, including:

Disrupting or assisting in the disruption of any computer used to support the Platform or any Game environment. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Harassment, “griefing,” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates Crema’s Code of Conduct or In-Game Policies.

Violation of Laws: use the Platform to violate any applicable law or regulation.

4. User Content. By posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such user-submitted content, collectively, "User Content") through or in connection with an Game, including on any associated website, forum, distribution platform, online store, or social networking site, you grant to Company, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

You represent and warrant that: (a) You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Game; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Game.

You are solely responsible for the User Content that you post, store or upload through or in connection with the Game, including any material or information that you transmit to other users or post on Facebook. Company does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Game; however, Company reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Game at any time and for any reason without notice. Without limiting the foregoing, Company may remove any User Content for any reason including content that in the sole judgment of Company violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.

5. Digital Millennium Copyright Act (“DMCA”) Notice. We are committed to complying with U.S. copyright and related laws, and we require all users of the Game to comply with these laws. Accordingly, you may not disseminate any material or content using the Game in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Game if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:

dmca@playtemtem.com

If you believe that content that you or a third party owns has been used via the Game in a way that violates yours or someone else’s copyright or other intellectual property rights, please provide us with the following information:

6. Limitation on Liability; Disclaimers. THE GAME, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE GAME AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GAME, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE GAME. COMPANY DOES NOT WARRANT THAT THE GAME OR GAME CONTENT OR THE FUNCTIONS CONTAINED IN THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE GAME. IN NO EVENT SHALL COMPANY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE GAME, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE GAME, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE GAME OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE GAME. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE GAME OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $40.00.

IN ADDITION TO THE ABOVE, YOU WHOLLY RELEASE HUMBLE BUNDLE, ITS PARENT, AFFILIATE COMPANIES, AGENTS, OFFICERS, AND EMPLOYEES (“HUMBLE PARTIES”) FROM ANY CLAIMS AND DAMAGES RELATED TO THIS TOU OR THE GAME AND IN THE EVENT THAT THE HUMBLE PARTIES ARE FOUND LIABLE FOR ANY DAMAGES, THEIR LIABILITY SHALL IN NO EVENT EXCEED US $40.00.

7. Indemnity. You agree that you will defend , indemnify and hold harmless Company, Humble Bundle, their parents, subsidiary and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Game of violation of these TOU, including without limitation (i) all matters related to your access to and use of any Company online services, including, without limitation, your use of the Game, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Game caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.

8. Links to Other Sites. The Game may contain links to websites operated by or on behalf of Company, and your use of all such websites are subject to the applicable policies of those websites. The Game, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. Company does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Company encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at is or her own risk.

9. Termination . Company reserves the right, at any time and in its sole discretion, to discontinue the use of the Game in whole or in part, and prevent any person or entity from access to the Game. Upon termination for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7 (Indemnity) and 10 (General), together with any licenses granted to Company hereunder, will survive.

10. General. This TOU, and your relationship with us under this TOU, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, Humble Bundle, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this TOU shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the JAMS rules in New York, NY with one arbitrator in English. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).

11. Dealings with Third Parties.

A.     Microsoft. If you are accessing or using the Services through a Microsoft video game platform or service (e.g., Xbox Series, Xbox Live) the following Additional Terms are applicable to you and are incorporated into these Terms of Service by this reference:

(i) To the maximum extent allowed by applicable law, Microsoft and its affiliates: (a) have no warranty obligations whatsoever with respect to the Services; and (b) have no liability to you for any claims or damages relating to the Services. (ii) Microsoft and its affiliates have no obligation to provide you with any support for the Services or with any other additional services. (iii) Nothing in these Terms of Service is intended to: (a) prevent or limit your access to any software product intended for use on a Microsoft video game platform, including with respect to any related updates or digital content; or (b) govern or change in any way your relationship with Microsoft under Microsoft’s applicable agreements with you, including the Xbox Live terms of use.

B.     Sony. If you are accessing or using the Services through a PlayStation®5 console, the following Additional Terms are applicable to you and are incorporated into these Terms of Service by this reference:

(i) You acknowledge that these Terms of Service are a contract between you and CREMAGAMES, and not an agreement between you and Sony Interactive Entertainment, Inc. or any of its affiliate companies (collectively “Sony”). CREMAGAMES, and not Sony, is responsible for the Services. (ii) You are granted a limited license to use the Services only on a system that you own or control or that delivers the Services to you via PlayStation™Network. (iii) Sony is considered a third-party beneficiary of CREMAGAMES under these Terms of Service. (iv) For users in Brazil, Canada, Mexico, or the United States, the following additional terms apply:

Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America. (v) For users in Australia, Austria, Belgium, Croatia, the Czech Republic, Denmark, Finland, France, Germany, Greece, India, Ireland, Israel, Italy, Kuwait, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, Russia, Saudi Arabia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, the United Arab Emirates, the United Kingdom, or Ukraine, the following additional terms apply:

Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

If you reside in a country outside the United States, your country’s laws shall apply to this Agreement and you agree to be bound to JAMS arbitration in your home country or its equivalent. In that case, Company may participate telephonically or through document submission as allowable through local arbitration rules.

If you reside in a country outside the United States, your country’s laws shall apply to this Agreement and you agree to be bound to JAMS arbitration in your home country or its equivalent. In that case, Company may participate telephonically or through document submission as allowable through local arbitration rules.

Exceptions and Arbitration .

You and Company agree that the following claims are not subject to the above provisions concerning binding arbitration: (i) any claims seeking to enforce or protect, or concerning the validity of, any of your or Company’s intellectual property rights; and (ii) any claim for equitable relief.

No Class Actions.

You agree to resolve any disputes related to this TOU as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Game at the terms designated, and that your assent is an indispensable consideration to this TOU.

You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Game or this TOU:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Severability.

If any provision in this TOU is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this TOU shall remain in effect.

No Assignment, Sublicense or Transfer.

You may not assign, sublicense, or transfer this TOU or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this TOU.

Entire Agreement.

This TOU sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this TOU shall survive the expiration of this TOU including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this TOU shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise