Terms of Services

1. PREAMBLE

These are official terms and conditions that form a legally binding agreement between you ("the user", "user", "Grown-Ups user", or any other third-person pronouns) and Grown Ups Gmbh, a company registered and existing under the laws of of Austria, registered at Handelsgericht Wien with registration number FN 573190 b, having its registered seat at Gonzagagasse 13, 1010 Vienna, Austria,(“we”, “us,” “our,” or any other first-person plural pronouns; the “Provider”), the Provider of the website located at grown-ups.net, regarding your use of the internet website located at grown-ups.net (the “Website”). The Provider provides the services on its Website subject to the Terms of Service on this page, and by using the Website, you agree to these Terms of Service. Furthermore, you consent to entering these terms electronically and to storage of records related to these terms in electronic form. Please read them carefully.
When using the Website, you are subject to any and all posted rules, community guidelines, statements or policies, including our Privacy policy. Such rules, guidelines, statements, policies and other legal notices published on the Website, are hereby incorporated by reference into these Terms of Service (hereinafter referred to as “Terms”) and shall constitute the entire agreement between you and the Provider.
Through the Website and under the conditions stipulated in these Terms, the Provider allows and enables users of the Website to download and install a game into their computer, with adult content, including sexually explicit images, cartoons, drawings and animations.

The Terms of Services of this Agreement are subject to change by the Provider at any time in its sole discretion and you acknowledge that by using the Website you are agreeing to be bound by all modifications, changes and/or revisions that are displayed on our Website at the time you access it. If you do not accept to be bound by any and all modifications, changes and/or revisions of this Agreement do not use the Website.

2. ACCESS

By accessing the Website, you certify that:

You are at least 18 years of age or the age of majority under the laws of your state, province or country; and
That the jurisdiction from which you are accessing the Website does not prohibit receiving and downloading sexually explicit content; and
You know and understand that the materials presented at and/or downloadable from the Website include explicit visual, audio, and/or textual depictions of nudity and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these Terms you are warranting to us that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing; and
You will not try to download, copy or distribute any part of the Website for any commercial purpose; and you will not alter, delete, add, change or edit any of these Terms, and any such attempted alteration shall be void and of no effect.

The Website is for your personal use and must not be used for commercial purposes. Any illegal and/or unauthorized use of the Website is prohibited.

3. USER ACCOUNT

To access some of the services offered through the Website, you may be asked to create a user login account. In connection with creating a user login account for the Website, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the account registration form (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a registered user. You must promptly inform us of all changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of the Website.
As part of the registration process, you will select a unique username and password which you must provide in order to gain access to the non-public portions of the Website. You represent and warrant that you will not disclose to any other person your unique username and password and that you will not provide access to the Website to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your user name and password or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Website under your user account until you notify us by email regarding such unauthorized use. Unauthorized access to the Website is illegal and a breach of these Terms.
Some content and game features on the Website is available to users free of charge and some content and game features is only available to users who have paid for it (e.g. Steam game codes). Upon request, a user who has made a purchase on the Website may obtain access to their billing records regarding charges of their use of the Website. You may be first required to provide information sufficient to confirm the applicable account belongs to you.
You acknowledge and agree that, in order to access content of the Website, we may (i) require you to create a user login account for the Website; and/or (ii) you have to make a purchase. You acknowledge and agree that your user account may not be continuously accessible and its availability is subject to regular hardware or software maintenance. The Provider reserves the right to terminate your user account at any time for any reason at his sole discretion.

4. User Conduct

4.1 You acknowledge and agree that you shall not:

Post, upload, publish, transmit or make available in any way on the Website content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, infringing of a person’s intellectual property rights, invasive of a person's privacy (including but not limited to personal information), hateful, or racially insensitive or offensive;
Post, upload, publish, transmit or make available in any way on or through the Website software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment;
Use our Website in violation of any applicable law or regulation;
Post, upload, publish, transmit or make available in any way on the Website content that intentionally or unintentionally violates any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control;
Post, upload, publish, transmit or make available in any way on the Website content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals;
Exceed your authorized access to any portion of the Website;
Collect or store personal data about anyone; 'harvest', 'scrape' or collect any information about or regarding other people that use our Website, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as spyware or passive collection mechanisms (“pcms”);
Modify without permission any part of the Website;
Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Website;
Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website;
Use our Website to harm anyone or to cause offense to or harass any person;
Create more than one account per platform to access our Website;
Use another person or entity’s email address in order to access or sign up to use our Website;
Use the Website in any way that exposes us to criminal or civil liability or use our Website for fraudulent or abusive purposes (including, without limitation, by using our Website to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Website);
Disguise, anonymize or hide your IP address or the source of any content that you may upload;
Use our Website for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
Remove or amend any proprietary notices or other ownership information from our Games or any other part of our Website;
Interfere with or disrupt our Website or servers or networks that provide our services;
Attempt to decompile, reverse engineer, disassemble or hack any of our Games, services, games to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us, or for any reason at all not permitted under this Agreement or by Law;
Sell, transfer or try to sell or transfer an account with us or any part of an account including any virtual currency or virtual goods;
Disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
Disobey any requirements or regulations of any network connected to our Website;
Use our Website to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Websites, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms of Use; or
Use our Website in any other way not permitted by these Terms of Use.
If you are concerned that someone else is not complying with any part of these Terms of Use, please contact us here: customersupport@grown-ups.net
In particular, and without limiting the application of the present paragraph you must not make available any cheats or technological measures designed to control access to, or elements of, our Website, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
We reserve the rights to terminate your account and revoke your rights and access without any refunds.

You agree that we shall have the right to determine in our sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the Terms of Use contained herein, including termination of the account and revoke your rights and access without any refunds.

5. INTELLECTUAL PROPERTY

The Website, including without limitation, all content, media and materials, all Website‘s software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively ("Content") and the trademarks, service marks and logos whether or not registered contained therein ("Marks"), are owned by or licensed by the Provider and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions.
You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of the respective owners. You may not for any reason, at any time remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Neither title nor intellectual property rights are transferred to you by virtue of your access to the Website.

6. PRICE AND BILLING

All prices are displayed in dollars, or euros on the Website for each game, or service. You agree that we reserve the right to charge for our services and to change our rates from time to time at our sole discretion, with prior notice to you.
At the time of purchase of a game, you must select a payment method. For the time being, we accept the following payment methods: debit & credit card. SEPA payments will be the next to be added and more options will be coming soon. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your credit card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder and bank fees may be charged to you subject to the selected payment method.
If you believe that you have been erroneously billed, please notify us immediately of such an error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.

7. Refunds

We do not provide refunds of any kind. The billing system used by Grown Ups, or our authorized agents provide extensive fraud protection measures and the Website includes many features to protect users from accidental charges. Therefore, refunds will be provided only under the rarest of circumstances, such as persistent technical problems originating with our equipment.
In addition, in the event where we terminate your account, you may not claim a refund for any unused game, or service.

8. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

PROVIDER PROVIDES ITS SERVICES “AS IS” AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PROVIDER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN ALL CASES, PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

10. WAIVER OF RIGHT TO WITHDRAW

Given the nature of the content and the purpose of the service, the user does not have a right to withdraw from the Agreement after they access the content and expressly waives their right to withdraw so that the service may begin before the end of the legal withdrawal ‘cooling-off’ period.

11. 18 U.S.C. SECTION 2257 COMPLIANCE NOTICE

Any sexually explicit voice recording audio content included with the software are recordings of actors/actresses over the age of eighteen years at the time of said recordings. All sexually explicit images displayed by the software and the website are completely computer generated, the creation process of which never involved male or female live models of any kind. Some visual and audio depictions displayed in the product are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct. The owners and operators of the product are the primary producer of most of the visual content contained in the product.

12. VENUE AND JURISDICTION, CHOICE OF LAW

This site (excluding third party linked sites) is controlled by the Operator from its offices in Austria. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from Austria, by accessing this site, both you and the Operator agree that the statues and laws of Austria shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Operator also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Austria and any legal proceedings shall be conducted in German. The Operator makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

13. GENERAL

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Provider’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We reserve the right to amend these Terms at any time and for any reason, without advance notice to you. Although we may attempt to notify you when major changes are made to these Terms, you are advised to periodically review the most up-to-date version of these Terms on this page, so that you are aware of any changes. Once we make the new Terms available, these changes become effective immediately and if you use the Website after they become effective, it will signify your agreement to be bound by the changes. Where applicable, the English version of the Terms and Conditions will prevail over any foreign language versions.

14. MISCELLANEOUS

In case you are a consumer, you represent and warrant to us that we provided you with information to the extent required by applicable consumer protection legislation in advance before entering into a contract. When entering into a contract you agree with the use of distance communication means and you acknowledge and agree that you are solely responsible to pay all possible costs of such communication that may arise on your side. The agreement is concluded for an indefinite time period, you may terminate the contract at any time for any reason by canceling your user account or by leaving the Website. In case you have purchased a paid content, you have a right to submit a warranty claim to the Provider and the Provider is obliged to accept this claim and deal with it. The claim must be submitted to the Provider without undue delay, no later than within two months from the date of the defective provision of the service. The Provider is obliged to deal with the claim without undue delay within one month from submission of the claim. If the Provider finds the claim justified a consumer shall be entitled to have the service brought into conformity, to receive a proportionate reduction of the price, or to terminate the contract in case the lack of conformity is not minor.