The terms of this Agreement (hereinafter "Terms of Services”) cover the relationship between You and Skywind Holdings Ltd and affiliates of the group (hereinafter "Us" or "We") regarding the use of Skywind Holdings Ltd "Celeb Poker" social game and related services, which include applications for mobile devices and Skywind Holdings Ltd branded websites (the "Service") by You.
When You use or connect to a Skywind Holdings Ltd website or download a Skywind Holdings Ltd mobile app by or through a Third Party Platform, such as Facebook or other social networking site, You allow Us to access and/or collect certain information from your Third Party Platform profile/account (such as your Facebook account) or via any cookies placed on your device by such Third Party Platform as permitted by the terms of the agreement and your privacy settings with the Third Party Platform. We will share such information with the Third Party Platform for their use as permitted by the terms of the agreement and your privacy setting with the Third Party Platform.
Skywind Holdings Ltd reserves the right to modify, add or remove, terminate portions of these Terms of Services as well as the Services and Your access to the Services for any reason, without notice, at any time without liability to You. Such amendments shall constitute Your understanding and acceptance of the amended provisions. At any time, in case of any disagreement and/or dispute with regard to this Terms of Services and the provisions thereof You shall immediately terminate Your use of the Services and close any account with the Services that You have created (if any).
Upon termination, all licenses and other rights granted to You in these Terms of Services will immediately cease. Except as otherwise stated, all amended terms shall automatically be effective 15 days after they are initially posted.
According to the provisions of Your particular agreement, Skywind Holdings Ltd grants You a non-exclusive, non-transferable, non-sub licensable, revocable limited license subject to the limitations, as follows, to access and use the Service using web-site or mobile device solely for Your own non-commercial entertainment purposes. You accept the obligation and agree not to use the Service for any other purpose.
You hereby acknowledge and agree that, Skywind Holdings Ltd has a right at any time, and at its sole discretion to revoke the License with respect to any specific part of the Services without any further obligation to You on notification, payment or other kind of obligation.
You understand that while at times You may “earn” "buy" or "purchase":
(a) virtual currency (money that is exchanged electronically), including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or
(b) virtual in-game items (together with virtual currency, "Virtual Items"), -
You accept and understand that You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, You may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of Your direct payment. Any "virtual currency" balance shown in Your Account is not the real amount of money, but instead constitutes a measurement of the extent of Your license.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of Your limited license granted above, and may involve liability to You for such violations of law.
You accept and guarantee that under no circumstances You will not:
4.1. Engage in any act that Skywind Holdings Ltd deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Services;
4.2. Make any improper use of Skywind Holdings Ltd support Services; or
4.3. Modify or cause to be modified any files that are a part of the Service;
4.4. Make available to the third parties through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Skywind Holdings Ltd employee; or
4.5. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service; or
4.6. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, break any provisions of applicable law regulation; or
4.7. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
4.8. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; or
4.9. Post any information or illustration that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; or
4.10 Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person; or
4.11. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service; or
4.12. Bypass any robot exclusion headers or other measures We employ measures to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data; or
4.13. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or
4.14. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; or
4.15. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Services; or
4.16. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or any other device; or
4.17. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or
4.18. Use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale; or
4.19. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Skywind Holdings Ltd; or
4.20. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Skywind Holdings Ltd; or
4.21. Upload or transmit or attempt to upload or transmit, without Skywind Holdings Ltd express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms"); or
4.22. Solicit or attempt to solicit personal information from other users of the Service; or
4.23. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
4.24. Copy, modify or distribute rights or content from any Skywind Holdings Ltd site or game, or Skywind Holdings Ltd copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Services.
You are not prohibited from receiving products, including services or software. Legal guardian for You has reviewed and agreed to these Terms of Services in case that your age is of 18. You accept and agree with responsibility due to any fees (including without limitation any internet connection or mobile fees) in case of the breach of the provisions of the Terms of Services.
Skywind Holdings Ltd may, at its sole discretion, provide or deny access to the Services (including, without limitation, as a remedy in case of Your breach of the provisions of these Terms of Services).
Access can be denied for any decent reason whatsoever and at no obligation to You (including, without limitation, any obligation for prior notification or provision of reasoning for such denial). No provision of these Terms of Services or any part thereto may in any way derogate from the foregoing right of Skywind Holdings Ltd. When Skywind Holdings Ltd grants You access to the Services, such access shall be provided via account(s) created in Your name (“Account”). Each Account shall be defined by unique authentication details — login, password, security question, etc. (“Authentication Details”). While You will be generally able to specify Authentication Details of Your single Account, Skywind Holdings Ltd hereby reserves the right to refuse or restrict acceptance of any particular information You attempt to specify as your Authentication Details for any reason whatsoever or without any reason. Such right of refusal shall not give rise to any responsibility of Skywind Holdings Ltd for the essence and content (including, without limitation, appropriateness, legality and level security) of any Authentication Details accepted by Skywind Holdings Ltd and it shall be solely your responsibility to ensure that your Authentication Details are secure enough not to be discovered, intentionally or unintentionally, by any third parties. You acknowledge and agree that any action performed within or in connection with the Application via use of your Authentication Details shall be deemed performed by You and You shall be fully responsible for such action. It is Your sole responsibility to keep your Authentication Details confidential and not to provide them to any third parties. You shall at all times keep track of Your Account to ensure absence of use of Your Authentication Details by any third parties and shall promptly inform Skywind Holdings Ltd in case of any suspicion and/or detection of such unauthorized use or of the fact that any third party has become aware of Your Authentication Details or any part thereto.
While Skywind Holdings Ltd may provide You with reasonable assistance in case of loss of Authentication Details, You hereby acknowledge and agree that it is your responsibility to maintain awareness and knowledge of Your Authentication Details at all times.
The following rules govern the security of Your Account and login Information:
a. You shall not share the Account or the Login Information with a third parties, let anyone else access Your account, or do anything else that might endanger the security of Your Account;
b. In the event You become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, You must immediately notify Skywind Holdings Ltd and modify and renew Your Login Information;
c. You are solely responsible for maintaining and non-proliferation from Your side the confidentiality of the Login Information, and You are responsible for all uses of the Login Information, whether or not it was authorized by You; and
d. You are responsible for any actions which are conducted through Your Account.
Hereby You accept and agree that on certain websites, which belong to Skywind Holdings Ltd, Your user ID number, name, profile picture can be and will be publicly available and that search engines may index Your name and profile photo.
The are particular restrictions to the use of the Service:
a. If You are under the age of 13 years old, You have no possibility to create an Account and to access the Service;
b. You shall restrict the use of your Account by minors as well as to deny access to children under the age of 13. Hereby You agree and accept the responsibility for any unauthorized use of your Account by minors as well as any use of Your credit card or any payment instrument (such as PayPal and Facebook Credits) by them;
c. You shall have only one Account per platform at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than Yourself;
d. You shall use your Account only for noncommercial objectives. You shall not use Your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
e. You shall use the Service provided You are not located in a country where the Services are prohibited by law;
f. You shall not create an Account as well as use the Service if You were or are accused of sex offence;
h. You shall not use your Account due to organize any illegal act;
i. You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Skywind Holdings Ltd permission;
j. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account or any Virtual Items associated with Your Account to anyone without Skywind Holdings Ltd written permission for that;
Without any limitations in other remedies, Skywind Holdings Ltd may limit, suspend or terminate the Service and (or) user accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if We believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, We may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
Skywind Holdings Ltd has the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point Your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Skywind Holdings Ltd shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of Your Account can include disabling Your access to the Service or any part thereof including any content, which You or others have submitted.
You may cancel any Account registered to You at any time by following the instructions and guidance notes of Skywind Holdings Ltd.
The Service (including without limitation any games, titles, computer code, themes, objects, characters, designs, character names, stories, dialogue, sounds, musical compositions, audio-visual effects, catch phrases, concepts, artwork, animations, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Skywind Holdings Ltd game client, and the Skywind Holdings Ltd game clients and server software) constitute the copyrighted works, which belong to Skywind Holdings Ltd. All intellectual property rights are preserved for Skywind Holdings Ltd.
Notwithstanding anything to the contrary in these Terms of Service, You acknowledge and agree that You have no any ownership or any other property rights in an account, and You further acknowledge and agree that all rights in and to an account are and shall forever be owned by Skywind Holdings Ltd. Game or other accounts created by Skywind Holdings Ltd shall be considered active until Skywind Holdings Ltd receives a request from a user to deactivate or delete an account. Skywind Holdings Ltd has a right to terminate an account, which has been inactive for the period of consecutive 180 (one hundred eighty) days.
Skywind Holdings Ltd owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Skywind Holdings Ltd game, whether “earned” in a game or “purchased” from Skywind Holdings Ltd, or any other attributes associated with an Account or stored on the Service.
Skywind Holdings Ltd prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Skywind Holdings Ltd in writing. Accordingly, You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Skywind Holdings Ltd written permission. Any such transfer or attempted transfer is prohibited and void, and will result in Your Account’s termination.
Term "User Content" means any communications, images, sounds, and all the material, data, and information that You upload or transmit through a Skywind Holdings Ltd game client or the Service, or that other users upload or transmit, including without limitation any chat text.
You have a property rights to Your User Content. You hereby grant Skywind Holdings Ltd and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content. The license You grant Us to use user posted content (except any content You submit in response to Skywind Holdings Ltd promotions and competitions or any other content specifically solicited by Skywind Holdings Ltd) ends when You delete Your User Content or You close Your Account unless your User Content has been shared with others, and they have not deleted it. However, You understand and accept that removed content may persist in back-up copies for a reasonable period of time.
You are solely responsible for the validity of the information, which You have posted or for the provision to other Service. Information, materials, products or services provided by other users may, in some cases, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Skywind Holdings Ltd has no responsibility in connection with such materials. If You become aware of misuse of the Service by any person, please use any "Report Abuse" link provided or contact Us.
Skywind Holdings Ltd may reject, refuse to post or delete any User Content for any or without any reason, including, but not limited to, User Content that in the sole discretion of Skywind Holdings Ltd may violate these Terms of Service. Skywind Holdings Ltd reserves the right to limit the storage capacity of User Content that You post on, through or in connection with the Service.
Skywind Holdings Ltd shall be obliged to the secrecy of the information and use it exclusively for the purpose of which it has been transferred. Your information, and the contents of all of Your online communications (including without limitation chat text, voice communications, IP addresses and Your personal information if any) may be accessed and monitored as necessary to provide the Service and may be disclosed in the exception of cases: (i) when We have a good faith belief that We shall disclose the information in response to legal process; (ii) due to the provisions of the applicable law; (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) in case of an emergency, that can cause a threat to the health and/or safety of You, another person or the public; and (v) in order to protect the rights or any kind of property of Skywind Holdings Ltd, including to enforce our Terms of Services. By entering into these Terms of Service, You hereby provide Your irrevocable consent to the abovementioned.
Skywind Holdings Ltd may provide links on the Service to third party websites or vendors who may invite You to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). You are fully responsible for any dealing with such third parties. Skywind Holdings Ltd makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Skywind Holdings Ltd and may collect data or solicit personal information from You. Skywind Holdings Ltd is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. The inclusion of any link does not imply endorsement by Skywind Holdings Ltd of these linked sites.
You accept and agree that the Service is an evolving one. Skywind Holdings Ltd may require that You accept updates to the Service and to Skywind Holdings Ltd games You have installed on your computer or mobile device. You acknowledge that Skywind Holdings Ltd may update the Service with or without any prior notification to You. You may need to update third party software from time to time in order to receive the Service and play Skywind Holdings Ltd Games.
YOU ACCEPT AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITATIONS TO THE FOREGOING, NEITHER Skywind Holdings Ltd NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "Skywind Holdings Ltd PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR WILL NOT CONSIST OF ANY ERRORS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY THE PROVISIONS OF APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE Skywind Holdings Ltd PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU ACKNOWLEDGE AND ACCEPT THAT THE Skywind Holdings Ltd PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Skywind Holdings Ltd PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER THE PROVISIONS OF APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE Skywind Holdings Ltd PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Skywind Holdings Ltd IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID TO Skywind Holdings Ltd ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS PERIOUD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR HAVE ONLY ONE AND EXCLUSIVE REMEDY FOR ANY DISPUTE ARISED WITH WIZPLAY OS LTD, WHICH IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
WE AGREE AND ACCEPT, THAT THERE ARE SOME JURISDICTIONS, WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE MENTIONED LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF WIZPLAY OS LTD.
These Terms of Services shall be governed and interpreted in accordance with English law and the courts of London shall have exclusive jurisdiction to determine any dispute arising in connection with these Terms of Services. You irrevocably waive any objection on the ground of jurisdiction of the London courts and applicability of English law.
Skywind Holdings Ltd may publish from time to time additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Except as expressly set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Skywind Holdings Ltd shall be deemed a modification of these Terms of Service nor be legally binding, unless there is a document in physical writing, hand signed by You and a duly authorized officer of Skywind Holdings Ltd.
The Skywind Holdings Ltd rights granted and obligations made under these Terms of Service have a unique and irreplaceable nature. The loss of such rights and obligations under the Terms of Service can result in an irreparably harm to Skywind Holdings Ltd which cannot be replaced by money compensation only. Skywind Holdings Ltd shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipated breach by You. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Skywind Holdings Ltd game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit Your claims to claims for money compensation, limited by Section 7.2 (if any).
Skywind Holdings Ltd is released from liability provided if delay of failure to perform has occurred due to circumstances of insuperable force or force majeure circumstances such as any war, declared or undeclared, acts of sabotage; natural calamities, such as storms, hurricanes, earthquakes, tsunami, floods, damage inflicted by lightning; accidents, explosions, fire events and destruction of machines and other equipment except for minor accidents at the Party; boycott, any strikes and lockouts, stoppage, factory and territory take-over; acts of civil legislation, including local regulatory bodies and public authorities, legal and illegal (with the exception of cases when Skywind Holdings Ltd has no authority or special permits (licenses), right of entry or staying or consent obligatory for the execution of the Terms of Services).