(1) The following Terms & Conditions shall govern contractual relationships between Tremex Games SRL, represented by managing partner Dragota Mihai, and located at Romania, Bucharest, Str. Vlad Judetul, nr. 52-54, et.1, ap. SAD 2, Sector 3 (hereinafter referred to as "TRMX") and you - the User - of TRMX’s Products and Services. This is particularly applicable to mobile games. All use is solely based on the following Conditions. This applies also for the usage outside of the territory of Romania.

(2) Contrary, different or additional Terms and Conditions are only considered if they were confirmed by TRMX in written form. This Terms & Conditions are also effective even in case if TRMX was aware of conflicting or different Terms & Conditions of use without reservation.

(3) TRMX is not responsible for the offers of providers linked to the TRMX services or which are hold by TRMX as third party without the knowledge of the content. For such services the terms and conditions of the provider are applied.

(4) These Terms & Conditions do not govern any issues or questions which might arise with regard to the mobile game or third-party softwares such as SDKs, Analytics services, Ads services, etc as these Services are not provided by TRMX.

(5) TRMX retains the right to change or to complement these terms and conditions with future effect at any time, if it’s necessary and the User in good faith is not disadvantaged. Any changes in these terms and conditions will be announced in a suitable way by notification in written form. Generally notification takes place by publication on the website of the TRMX operated games and / or the respective services, or by e-mail. Any changes of these conditions will be shown to the User in either case with prominent announcement at the next login after changes has been made.

§ 2 Access and Changes to the TRMX
(1) If there is a suspicion that User in connection with a TRMX’s service usage infringes statutory provisions, these Terms & Conditions or terms and conditions of any selected payment system provider, TRMX is entitled to clarify the issue. The User is obliged to provide comprehensive information upon inquiry by TRMX. TRMX is entitled to terminate temporarily User access to the service till full clarification of the matter, temporarily termination may last up to 4 weeks. TRMX has to inform the User about such actions and the result of investigation and to give the User the opportunity to comment. If clarification reveals that a significant violation from the side of the User exists, TRMX is entitled to permanently block the access for the User and prohibit the usage of TRMX’s services for the future.

(1) The User commits itself to not violate any laws (e.g. penal law and the legal provisions for the protection of children and young persons) and given contractual conditions - especially these Terms and Conditions and terms and conditions of selected payment system provider - within the usage of TRMX services.

(2) All content, games, information, images, videos and databases published on TRMX pages or mobile applications are protected by copyright. The rights to the design of the Internet or mobile games as well as used software and technology belong exclusively to TRMX, its affiliated companies or their partners.

(3) The use of TRMX pages is allowed for exclusive personal, private use. Any further use requires the prior written consent of TRMX. This also applies in particular to copying, printing, inclusion in online/internet services or web pages and mobile applications, duplication on data carriers such as but not limited to CD-ROM, DVD-ROM etc, reverse engineering, transmission, public performance, rental, pay for play, circumvention of copy protection or any other use not specifically granted in the Terms and Conditions.

(4) The use of software neither provided nor recommended by TRMX, is permitted within the usage of TRMX Services. If TRMX allows the User to download software, software updates or software patches (e.g. correction deliveries for software and data) or tools and resources, TRMX grants to User a simple, limited license to use this software at the time of making it, available for described by TRMX purpose. The User is not authorized to sublicense or grant other Users access to the software for a fee. The User commits itself not to make copies, translate, reproduce, reverse engineer, derive source code, modify, decompile or disassemble of provided by TRMX. The non-compliance to the restrictions and limitations stated above results in immediately and automatically withdrawal of the granted license.

(5) The User is prohibited to provide surveys, contests, pyramid schemes, chain letters, spamming, scamming or other forms of unwanted messages of a commercial or any other nature using VST Services as well as to collect personal data about other Users (especially e-mail and other registration information) by bypassing the security measures or otherwise. The User is especially not allowed to send or make it accessible by other Users of commercial advertising within TRMX Services. This prohibition includes any form of communication (e.g.e-mail, chat forum or mobile notifications) as well as configuration of User profile within Games and related web sites or mobile applications. The User is also prohibited to use information obtained from TRMX through third parties for advertising on other channels.

(6) The User is prohibited to transfer virtual currency from one to another User account and/or to earn virtual currency in non-compliant way of playing.

(7) Should User discover by third parties or other Users an existing or imminent abusive use of TRMX Service or integrated payment system, TRMX would be grateful if User could bring that to its attention by contacting TRMX Support Team in any possible way. (e.g. through emailing us at office@tremexgames.com ).

(8) Abusing the game system & unsporting behavior: In the event of creating, maintaining and/or abusing so-called bugs (summarized as exploiting vulnerabilities), or encouraging this behavior towards other players, the respective game accounts will be sanctioned including possible full ban from the game. Cooking Market does not tolerate the abuse of the game system, its features or generally unsporting behavior within the community. It is not allowed to secure unfair advantages on one’s own behalf relative to other players by using the game or its features in a way they were not designed for or create and/or promote the appearance of this effort. Players are expected to report bugs or suspected bugs to the support team, so they can immediately be fixed for the benefit of the Cooking Market community.

(1) The User is prohibited from publishing or distributing content that a) violates law or is improper or immoral;

b) infringes trademarks, patents, utility models and design patents, copyrights, trade secrets or other rights of any third party;

c) is obscene, racist, hateful, pornographic or harmful to minors or else has a negative effect on the development of children and young people or is of harmful nature;

d) is of harassing, defamatory or offensive nature;

e) contains chain letters or pyramid schemes;

f) gives the false impression of being made available or supported by TRMX;

g) contains personal data of third parties without their express consent;

h) is of commercial nature, especially advertisements.

(2) The use of the games is only permitted by means of an Mobile / Tablet device through the approved markets ( GooglePlay Store, AppStore ). The use of games and Services that results in excessive load on the servers is prohibited.

(3) Users have no right to demand the availability of games in the versions that existed at the time the contract was concluded. TRMX reserves the right to discontinue a game at any time without giving reasons for this. In this case the User can request that possible fees that have already been paid in advance for other games offered by TRMX be credited to his account or that TRMX refunds fees that have already been paid. The User's right to cancel the contract pursuant to the unusable games with immediate effect shall remain unaffected by this. Further claims by the User are excluded.

(4) Under no circumstances may the User use, purchase, sell or exchange for “real” money virtual objects that are used in the online or mobile games outside the online or mobile game, unless explicitly permitted by the game.

(5) The User is authorized to create multiple accounts in one game.

(6) TRMX is not liable for damage caused by breach of duty by the User.

(7) Notwithstanding any other statutory or contractual rights, TRMX is entitled at its sole discretion to take the following actions in case the User culpably breaches statutory provisions, the rights of third parties, these Terms & Conditions or the respective additional conditions.

a) change or delete content,

b) issue a warning to a User,

c) publish misconduct in the respective online game together with the User name,

d) temporarily or permanently block a User for one or all online games,

e) exclude a User,

f) issue a temporary or permanent virtual ban

g) terminate the User contract with immediate effect.

(1) TRMX provides Users with access to the games in their current versions. The User has no right to demand the continuation or certain functions of a specific game. The User is aware that the games offered by TRMX can never be completely free of errors. Games are only considered defective if their playability and usability are permanently disrupted.

(2) The User assumes the sole responsibility for the content and contributions provided by the User and agrees to fully indemnify TRMX from third party claims. TRMX explicitly does not make content provided by Users their own. The User, however, grants TRMX a permanent and irrevocable non-exclusive right to use the content and contributions provided by the User. TRMX does not actively monitor the contribution of content. Every Users have the right to report content they suspect might be illegal to TRMX. TRMX will then respond as quickly as possible and edit or remove content as necessary.

(3) The User shall be exclusively and directly liable for infringements of third-party rights. The User is obligated to compensate TRMX for all damage resulting from the non-observance of the obligations arising under these Terms & Conditions. The User shall keep TRMX indemnified from all claims from other Users or third parties against TRMX arising from infringements of their rights caused by the publication of contents by the User or the infringement of other obligations. The User shall also assume the costs of any necessary legal defense of TRMX, including all court costs and attorney fees. This does not apply if the User cannot be held responsible for the infringement.

(4) If TRMX provides the Service giving rise to the liability free of charge, TRMX shall only be liable in the case of intent and gross negligence.

(5) For the loss of data, TRMX shall only be liable in accordance with the preceding paragraphs if such a loss could not have been avoided by the User by means of appropriate data security measures.

(6) The above exclusions and limitations also apply to the liability of employees, workers, contributors, representatives and agents of TRMX for the benefit of the shareholders, employees, agents, entities and their members with respect to their personal liability.

(7) Liability for intent, gross negligence, injury to life, limb or health is never excluded.

(1) All rights relating to virtual objects used in the online games and made available to Users for fees are owned exclusively by TRMX and its partners. The same applies virtual objects created by the User. The User grants TRMX for such self-created virtual objects an unlimited and exclusive right without restrictions on time, space and content. This right includes in particular the rights to copy, distribute and modify the virtual objects. The User is only granted a temporary, non-exclusive right to use the virtual objects that is limited to the duration of the contract.

(2) As far as currencies in the games are simulated, e.g. SHELLS, these refer to Premium Services and not real money. Changes in the game can result in a change in the use of these currencies. A reconversion of the Premium Services (i.e. currencies, etc.) into real money is not possible.

(1) Personal data of Users is only collected, processed or used if the User has consented to this or legal provisions require or permit it.

(2) The User hereby expressly grants TRMX the right to pass on the User data to its direct partners responsible for the operation of the respective game, i.e. the developers as well as channeling/co-publishing partners so that they can contact Users if the game is transferred to another channeling partner or when the contractual relation between a partner and TRMX comes to an end.

(3) Information regarding the type, scope, place and purpose of raising, processing and use of the required personal data for the agreement as well as for the execution of orders and sending the newsletter by TRMX as well as the User's right to information and the right to correction, blocking and deletion can be found in the privacy policy.

(1) Payments for a certain service are due in advance, for other features upon ordering. The User undertakes to pay the fees agreed when due and depending on the mode of payment to transmit correctly any data relevant for the payment, such as name and account details and to communicate any changes relevant for the purchase immediately to TRMX and to the payment service provider.

(2) The payment is executed via payment providers. The settlement of the payment is subject to the terms and conditions of the respective payment service provider.

(3) The User hereby expressly consents to TRMX outsourcing payments processing for premium features and additional in-game currency to third-party partners and thus to the processing of User and/or payment details.

(1) Legal relations between the contracting parties shall be governed by Romanian law.

Any dispute, controversy or claim which may arise out of or in connection with the present agreement, or the execution, breach, termination or invalidity thereof, shall be settled by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Romanian Federation in accordance with its Rules. The place of jurisdiction for all disputes shall be the headquarters of TRMX, Bucharest.

(1) The User may transfer rights and obligations under this contract only with the prior written consent of TRMX.

(2) Any and all claims and declarations made by the User must be submitted to TRMX in writing to be considered valid.

(3) The legal place of jurisdiction is Bucharest, Romania. These conditions also apply if the legal domicile or habitual place of residence is unknown at the time a legal action is filed.

(4) If any provisions of these Terms & Conditions are invalid or become invalid, the validity of the other provisions shall not be affected.