LICENSE AGREEMENT OF LLC "CYBERSHOKE" WITH USERS
This License Agreement (hereinafter referred to as the Agreement) contains the terms of a
simple (non–exclusive) license granted by CYBERSHOKE LLC (licensor) Users (licensees),
under the terms of which the User uses the Games and Services available on the Platform
https://cybershoke.net
The provisions of
this document apply only to users from the Russian
Federation.
Together with the Agreement, the provisions of the
following documents apply to the relations between CYBERSHOKE LLC and Users regarding
the use of the Platform and its functionality:
Privacy Policy: https://cybershoke.net/policy;
Rules
for exchanging in-game currency for prizes https://cybershoke.net/exchange;
If
you use any of the Platform's services https://cybershoke.net by participating in the
Game, you confirm that you have fully read, understood and unconditionally accept the
terms of this Agreement and the above documents. You agree to fully comply with the
terms of this Agreement and take full responsibility for violating its terms.
Terms
Company – LLC "CYBERSHOKE" (OGRN
1227800042843, INN 7801710904, address: 199406, St. Petersburg, vn.ter.g. municipal
district Gavan, Cash street, 24, room 1, letter A, sq. 23). As part of the Agreement,
the Company is the licensor.
The User – is an individual who has
the necessary legal capacity to conclude this Agreement, who is granted the right to use
the Platform within the limits established by this Agreement. As part of the Agreement,
the User is a licensee.
Website – https://cybershoke.net and
its subdomains.
Platform – is a term denoting both
collectively and separately: the Site, software, game service and each of the Games
hosted on the Site and available for use by Users, all their functionality, as well as
components and elements of the Site, each software, game service and each of the Games
hosted on the Site.
Game – is an online computer game,
which is a computer program, which is a collection of data, commands and audiovisual
displays generated by it, activated sequentially to obtain a certain result provided by
the Game scenario (data and commands), without paying a fee (activated data and
commands) or after making a license payment (non-activated data and commands). The game
also includes game servers, game chat, shop, databases and other Company resources
related to the Game. To enter the Game, the User reproduces a set of data and
commands on his computer (the "client part of the Game", if it is provided by the
functionality), and a set of other data and commands (including inactive ones) or all
data and commands except for the client part of the Game are placed by the Company on
the servers operated by it
The client part of the Game – is the
software necessary for the User to participate in the Game, which is independently
installed by the User on his personal computer or other technical device of the User
necessary to use the Game.
Non-activated data and commands –
the rights provided for by this Agreement to use data, commands (in-game currency,
in-game items) activated sequentially for the User to obtain a certain result provided
for by the Game scenario, acquired by the User after making a license payment
established by the Company. These Rights can be obtained by the User from the Company
for performing in-game tasks and in other cases in accordance with the rules of the
Game.
In-game currency – non-activated
data and commands intended solely for use in the Game in order to gain access to
additional functionality of the Games by exchanging them for in-game items or prizes.
Rules of the Game – a provision that
establishes the rules for the use of individual Games by the User. The rules of the
Games are located at: https://cybershoke.net/learn/181.
Account - a User account that
contains data about the User and provides the User with access to the Platform, User
information, settings, game values, statistical indicators and other similar
information.
License fee – is a fee established
for the Company to grant the User the rights to use non-activated data and commands
within the limits established by this Agreement.
Store – is
a section of the Platform where the User can purchase non–activated data and commands
and Products.
Goods are tangible things of
the real world offered by the Company for purchase to Users exclusively for personal
needs not related to the implementation of entrepreneurial activity, the range and
characteristics of which are presented in the store.
1. General provisions
1.1. The User has the right to conclude an Agreement with the Company solely by joining
its terms.
1.2. The moment of conclusion of
this Agreement is the moment of acceptance by the User of the terms of the Agreement.
The actual use of the Platform by the User, logging into the Game through the Company's
server or using the Platform in any other way means acceptance by the User of the terms
of the Agreement and is equivalent to the conclusion of this Agreement between the User
and the Company. The Company has the right to require the User to confirm
familiarization with the terms of the Agreement by affixing an appropriate mark / tick,
or by other means that do not contradict the current legislation of the Russian
Federation.
1.3. The User has the right to
use the Platform and its functionality, as well as to access the Game only through his
account on the Steam platform (operated by Valve Corporation and / or its affiliates).
The Company does not administer such a User account and does not store the personal data
of Users specified by them when registering on the Steam platform.
1.4. Access to the User's Account is carried out by specifying the
login and password of the account on the Steam platform. The "login-password" bundle is
the key of a simple electronic signature and allows you to consider the actions
performed by the User as committed by him personally.
1.5. The terms of the Agreement apply to all Games and Services as
long as they are present on the Platform and available for use.
1.6. The use of the Platform is carried out by Users under a
license. No rights with respect to the Platform (including with respect to Games and
gameplay) are not alienated to the User and no condition of the Agreement should be
interpreted as a condition of alienation (sale) of any rights to Users, except in cases
when Users acquire ownership rights to prizes by exchanging in-game currency for them in
accordance with the terms of the Rules for exchanging in-game currency for prizes.
2. Exclusive right
2.1. Source and object code, gameplay, user interface, graphics, photographs, animations,
illustrations, skins, video images, video clips, sound recordings, sound effects, music,
text content and Game content, structures, databases, articles, tables, diagrams, logos,
trademarks, design, forms, services, layout, graphic, derivative, composite and other
works and intellectual property objects all together and/or separately contained on the
Platform, in the Game, as well as any other elements of the Game are objects of
intellectual property or contain objects of intellectual property, the exclusive right
to which belongs to the Company or third parties (their rightful owners).
2.2. Any part and any element of the Game, including
Non-Activated Data and commands, are an integral part of the Game and are protected by
intellectual property law.
2.3. The exclusive
right to Non-Activated Data and Commands belongs to the Company.
2.4. Granting the right to use the Game, Non-Activated Data and
Commands cannot be regarded as a transfer or assignment of the exclusive right to them
from the copyright holders to the User.
2.5.
All trademarks posted on the Platform belong to their rightful owners.
2.6. The intellectual rights to the materials posted by the
User in the Game (hereinafter referred to as the Materials) containing the results of
intellectual activity belong to the User who created them or other legal copyright
holders. The right to gratuitous use of Materials that are objects of intellectual
property and contain the results of intellectual activity is granted to the Company in
the form of a simple (non-exclusive) license for the use of such Materials from the
moment the User places (publishes) these Materials in the Game / on the Platform without
the Company's obligation to pay copyright or other remuneration, without providing
reports and without restrictions on the term, territory and methods of use, including,
with the right to bring such Materials to the public without mentioning the author's
name or other counter obligations.
2.7. By
posting Materials to which the rights do not belong to the User, he guarantees the
Company that he will reimburse any of its losses and costs associated with claims
against the Company by the copyright holders of such Materials.
2.8. In case of illegal use/ posting of Materials by the User, the
rights to which do not belong to him, in the Game and/or on the Platform, the User
undertakes to bear responsibility for the use of these Materials to their copyright
holders.
3. License Terms
3.1. The subject of the Agreement is the provision by the Company to the User on the
terms of a simple (non-exclusive) license of the rights to use the Game, activated and
non-activated data and commands within the framework established in this Agreement.
3.2. The User receives the rights to use: –
The Client part of the game and activated data and commands free of charge; –
non-activated data and commands - on a paid basis (after making royalties).
3.3. The terms of the Agreement apply to Users
located on the territory of the Russian Federation.
3.4. This Agreement becomes effective from the date of the User's
accession to its terms and continues to be valid until its termination in accordance
with the terms specified in section 17 of the Agreement.
3.5. The license for the use of non-activated data and commands is
valid from the moment the User receives the right to use the non-activated data and
commands specified in clause 4.5 of the Agreement until the end of the term of this
Agreement, and when paying for a subscription - until the end of the subscription
period, unless otherwise provided by the Game scenario or was not agreed upon when the
User acquired the right to use the non-activated data and commands or does not follow
from the nature of such non-activated data and commands themselves.
3.6. The User does not provide the Company with reports on the use
of the Platform without the Company's request.
4. Inactive data and commands
4.1. The exclusive right to Non-Activated Data and Commands belongs to the Company. Users
are given the opportunity to acquire the right to use non-activated data and commands to
use them in the Game under the terms of a simple (non-exclusive) license.
4.2. By obtaining the right to use Non-Activated Data and
commands, the User receives the right to use the extended functionality of the Game, due
to the functionality of such non-activated data and commands.
4.3. Inactive data and commands are an element of the Game. The
User has the right to use non-activated data and commands only for the purposes and
within the limits established by the Company and brought to the User's attention when
acquiring rights to Non-Activated Data and commands.
4.4. Obtaining the right to use specific Non-Activated data and commands
is possible only by exchanging them for in-game currency in the Game. The amount of
in-game currency sufficient to exchange it for the right to receive specific
Non-Activated Data and commands is set by the Company unilaterally and indicated in the
Store.
4.5. The right to use specific
Non-Activated Data and commands is granted to the User from the moment the possibility
of using specific Non-Activated Data and commands in the Game appears in the User's
Account.
4.6. The User agrees that the Game
is not a gambling game, a game for money, a contest or a bet. The acquisition of Rights
to Non-Activated Data and Commands is the realization of the User's own conscious will
and desire and is not a necessary or mandatory condition for using the Game or Platform.
5. Royalties, in-game currency
5.1. The User pays remuneration (license fees) to the Company if he wants to get the
right to use Inactive data and commands in the Game.
5.2. License payments are made by the User by transferring funds
in favor of the Company through available payment methods, the list of which is
indicated on the Platform.
5.3. The amount of
the license fee for a specific amount of rights to use Non-Activated Data and commands
is indicated in the Store and/or on the Platform.
5.4. In some cases, a commission may be charged by the operator of
the payment system through which the User makes License Payments. The User agrees that
when making a payment through some payment systems, the total amount of the fee may
differ from the amount of the license fee set by the Company.
5.5. When making payments, the User undertakes to comply with the
terms and requirements of payment systems and payment rules established by the Company.
The Company is not responsible for the rejection of the User's payment by the decision
of the payment system operator or as a result of an error by the payment system
operator.
5.6. The User undertakes to provide
reliable data when making payments. The user independently bears all the risks of
negative consequences associated with the indication of incorrect data when making a
payment.
5.7. When making a payment, the User
confirms that he has the right to use the payment methods and means chosen by him, does
not violate the rights of third parties and the law, otherwise, the User undertakes to
compensate the Company and/or other third parties for all losses incurred by them in
connection with the illegal behavior of the User, including including the use of funds
that do not belong to him.
5.8. The User is
granted the right to use Non-Activated Data and commands only if the User makes the
corresponding license payment in full. At the same time, until confirmation of the
payment of the license fee is received, the Company has the right not to grant the User
the right to use Non-Activated Data and commands, or to provide them to a limited
extent.
5.9. The amount of the User's rights
to receive Non-Activated Data and commands is displayed in the User's Account in the
form of in-game currency after making royalties.
5.10. The Company's obligation to grant the rights to use
Non-Activated Data and commands is considered fulfilled from the moment the
corresponding amount of in-game currency appears in the User's account. The in-game
currency appears in the User's Account after the Company receives information from
payment systems about the payment.
5.11. The
amount of the license fee may be changed unilaterally by the Company at any time without
prior notice to the User, and in the case of a license fee paid periodically
(subscription), the Company is obliged to notify the user 30 (thirty) calendar days
before the tariff changes.
5.12. The User can
obtain the rights to use Inactive Data and commands only by exchanging in-game currency
for them.
5.13. The Company does not exchange
/refund the rights to use Non-Activated Data and commands (including, does not exchange
/ convert in-game currency) for cash or non-cash funds, unless otherwise expressly
stipulated by the Agreement.
5.14. The
Company does not reimburse the User for the costs associated with making license
payments.
5.15. If such an opportunity is
provided by the functionality of the Game, the User has the right to give / transfer the
rights to in-game currency and other Non-Activated data and commands to other Users in
the Game.
5.16. Payment of remuneration
(license fees) It is not a necessary condition for the User to use the Platform or
participate in the Game and is carried out by the User voluntarily at will.
6. Subscription
The rules of payment and Subscription provision are regulated, inter alia, by the provisions of Article 429.4 of the Civil Code of the Russian Federation.
6.1. The User has the right to obtain a license to use the complex of Inactive data and
commands for a specified period of time (subscription period) by subscribing.
6.2. The Company, at its discretion, sets
subscription rates and their terms.
6.3. Each
tariff contains a list of Inactive data and commands, the rights to use which the User
receives, their validity period and cost.
6.4. The User has the right to make a one-time license payment for
the entire term of the subscription on the terms of prepayment or, if the subscription
is more than 1 month, to make equal monthly license payments on the terms of prepayment.
6.5. When making a one-time license fee for a
subscription, the billing period is the period starting from the date of making the
license fee and continuing until the expiration of the subscription period specified in
the relevant tariff.
6.5.1. The User makes a
payment at the beginning of the billing period on prepayment terms. If you cancel your
subscription from the second to the last day of the billing period, the license fee paid
for the billing period will not be refunded. The subscription is provided to the User
until the end of the paid billing period.
6.6. When the user chooses to make periodic subscription
royalties, the billing period is 1 (one) month, equal to 30 (thirty) days. The billing
period lasts from the date of the User's payment of the license fee. The number of
billing periods is equal to the number of subscription months specified in the tariff.
6.6.1. The User makes a payment at the
beginning of each billing period (for 1 (one) month of subscription) on prepayment
terms. If you cancel your subscription from the second to the last day of the billing
period, the license fee paid for this billing period will not be refunded. The
subscription is provided to the User until the end of the paid billing period.
6.6.2. When choosing the monthly payment of the
license fee, the User confirms and agrees that the license fees will be processed
automatically (for example, debited from your bank card) until the User cancels the
subscription or until the subscription period ends.
6.6.3. If there are no funds in the User's bank account at the
time of automatic debiting, the attempt of automatic debiting is repeated several times
until the moment of successful debiting.
6.6.4. If the User has not fully paid for the new billing period
of the subscription, access to the subscription is disabled on the next day after the
end of the paid billing period.
6.7. The User
has the right to unsubscribe in the settings of his Account. From the moment of
unsubscribing, the User loses the right to use the Non-Activated Data and commands
included in the subscription plan.
6.8. The
rules of clauses 5.2 – 5.14 of the Agreement apply to the subscription payment.
6.9. The user has the right to cancel the
subscription. After cancellation, your subscription will continue until the end of the
current paid period; No compensation or refund is provided for the remainder of the
current paid period. Upon receiving a chargeback, the user may be blocked.
6.10.
The User has the right to cancel the subscription and receive a full refund within 14
(fourteen) calendar days from the date of payment for the subscription, but only if the
User did not enter the Game during this period, did not use Non-Activated Data and
Commands, the rights to use which are granted to the User under license according to the
subscription tariff.
7. In-game trading platform
7.1. Users have the right to place ads on the exchange or transfer of their rights to use
specific Non-Activated Data and commands in the Store on the Platform. Such ads can only
be addressed to other Users.
7.2. The User
has the right to set, at his discretion, the amount of in-game currency that he wants to
receive in exchange for the rights he has to use Non-Activated Data and commands.
7.2.1. The Platform withholds a commission in the
amount of 10% of the amount of in-game currency that the User received from another User
in exchange for the rights he has to use Inactive Data and commands in the Store.
7.3. User offers to exchange or transfer their
rights to use specific Non-Activated Data and commands should not be regarded by the
User as offers coming from the Company, as they are not
7.4. Users are not entitled to place announcements about the
exchange or transfer of their rights to use specific Non-Activated Data and commands
outside the Platform
7.5. The Company does
not reimburse Users for in-game currency in the event of adverse consequences for Users
as a result of the exchange or transfer of their rights to use Non-Activated Data and
commands, except in cases where such adverse consequences arose through the fault of the
Company.
8. Getting Inactive data and commands using the key
8.1. During the Game, according to its scenario, the User can get the right to use some
Inactive data and commands only by exchanging for a key that can be obtained in the
Store.
8.1.1. The Key refers to non-activated
data and commands, the right to use which, according to the Game scenario, can only be
obtained by exchanging in-game currency for them (hereinafter referred to as the key).
8.2. The list of Inactive data and commands,
the right to use which can be obtained in exchange for a key, is contained in the
corresponding section on the Platform.
8.2.1.
The User has the right to access Inactive data and commands, the right to use which can
be obtained in exchange for a key, after the end of the match in the Game, or in the
Store (from other Users). Access in this case does not mean the right of use, but the
right of disposal - the User has the right to exchange such Non-Activated Data and
commands for a key at any time or transfer it to another User in exchange for in-game
currency in the Store (hereinafter referred to in this section as “access right”).
8.3. The User accepts and agrees that the
functionality of the Inactive Data and commands, the right to use which can be obtained
in exchange for a key, is unknown to the User before the key is exchanged for them. The
User understands that the rights to use such Non-Activated Data and commands may be
similar to those that the User already possesses.
8.4. The Company does not guarantee that by obtaining the right to use
Non-Activated Data and Commands in exchange for a key, the User will receive the rights
to use the desired/implied Non-Activated Data and Commands.
8.5. The User has the right to exchange / transfer to other Users
the right to access Non-Activated Data and commands, the right to use which can be
obtained in exchange for a key, on the in-game trading platform (in the Store).
8.6. The User accepts that obtaining the right to
access and/or exchange for a key of Non-Activated data and commands, the right to use
which can be obtained in exchange for a key, is not a gambling game, a game for money, a
contest or a bet, but is the realization of the User's own conscious will and desire and
is not a necessary or mandatory condition for using a Game or Platform.
9. User Rights
9.1. Participate in the Game by installing it on a personal computer or other device with
the necessary technical characteristics (if provided and / or necessary), or by Internet
connection.
9.2. Use the Game for personal
purposes not related to business activities.
9.3. Install and uninstall the Game.
9.4. Use the software features of the Game to achieve a result
determined by the Game scenario in the gameplay free of charge.
9.5. To obtain rights to Non-Activated Data and commands after
making a license fee set by the Company and use them in the Game.
9.6. The User has the right to contact the Company using the
contacts indicated on the Platform or through the feedback form on the Platform on
issues related to the operation of the Platform, the functionality of the Game, for
clarification of the terms of the Agreement or other issues related to this.
10. User's Guarantees and Assurances
10.1. The User guarantees that he has the necessary legal capacity, as well as all the
rights and powers necessary and sufficient for the conclusion and execution of the
Agreement
10.2. Using the Site, or starting the gameplay, the User guarantees
that he is 18 years old. If the User is under 18 years of age, he guarantees that he has
received the consent of his legal representative to conclude this Agreement in the form
prescribed by law, use the Platform and use the Game in accordance with the terms of the
Agreement.
10.3. The User understands and
agrees that the Game may contain sound and video effects that, under certain
circumstances, may cause exacerbation of epileptic and other neurological disorders in
persons prone to them, and confirms that he does not suffer from these disorders, and
otherwise will not use the Game.
10.4. The
User is aware and agrees that regular prolonged presence at a personal computer or other
complex technical device can cause various health disorders, including impaired vision,
scoliosis, various forms of neuroses and the like. The User guarantees that he will use
the Game exclusively for a reasonable time with breaks for rest and prevention of health
disorders.
10.5. The User understands and
agrees that the placement of links to Internet resources or materials of third parties
in the Game and related resources does not mean that the Company supports, approves or
recommends these sites or materials. The User is warned that clicking on such links,
using websites, software and materials of third parties is unsafe, and the User performs
these actions solely at his own risk, including during the gameplay.
11. The User is prohibited (the user does not have the right)
11.1. Use another User's Account to log into the Game and/or use the Platform. The user
who provides his data guarantees their reliability and accuracy and belonging to him
personally. The user has no right to pass off the data of third parties as his
own.
11.2. Use the Platform in ways not provided for by this Agreement and
beyond the scope of the usual user / gaming process or the use of a computer program.
11.3. Alienate/ otherwise transfer the rights
belonging to the User, including the rights to Non-Activated Data and commands, except
for the methods of transfer / alienation of such rights, which are permitted by the
Company and established in the Agreement.
11.4. Investigate the program code of the Game, decompile,
disassemble, modify the Game, its parts and elements, as well as create derivative
products based on the Game, its parts and elements. Translate any verbal components of
the Game into other languages.
11.5.
Distribute for any purpose the program code of the Game or its copies, both by
distribution on tangible media, and by posting on the Internet for access or download by
certain persons or an unlimited circle of persons.
11.6. Copy, broadcast, distribute, publish, distribute, reproduce,
make publicly available text, visual, graphic, audio or video materials, fragments,
components and any visual, text, audio components of the Game, including the content of
chats, correspondence with other Users, without written permission Companies.
11.7. Use automated methods of collecting
information or other kind of interaction with the Game.
11.8. Post, report, send and/or distribute in any other way on the
Platform/in the Game and make publicly available: personal information of third parties
without their consent (including their images, home addresses, phone numbers and
passport data), advertising, commercial offers, propaganda, political and any other
intrusive information, materials insulting or degrading the honor and dignity of other
Users or third parties, as well as links to such materials, obscene, abusive and
offensive words and phrases, including in the name (nickname) User, malicious programs
or links to them and (or) resources that contain or may contain such programs,
pornographic or erotic materials, as well as links to them, threats, as well as calls
for violence and other illegal actions, materials with elements of violence, cruelty,
racial, ethnic or interreligious discord, and also links to such materials, propagandize
and demonstrate Nazi, extremist or other attributes, symbols and other objects equated
to them, propagandize criminal and other illegal activities, as well as, to post manuals
on committing illegal actions, to post any other information that violates the law, and
also, in the opinion of the Company, violates the norms of morality and ethics, is in
violation of the terms of the Agreement or undesirable.
11.9. To place intellectual property objects in the Game without
the consent of their copyright holders.
11.10. Commit criminal and other illegal actions that violate the
law.
11.11. It is prohibited to access the
Platform using a VPN ("virtual private network") or similar tools designed to hide the
User's real location.
12. The User undertakes
12.1. Immediately follow the instructions of the Company received individually or in a
general manner. The Company has the right to terminate the Agreement with the User in
case of non-compliance by the User with any instructions of the Company.
12.2. Comply with the terms of the Agreement. If the User
does not agree with the terms of the Agreement, the User is obliged to stop using the
Game, any Platform services and leave it.
12.3. Use the Site, its
functionality, the functionality of Games and gameplay in accordance with the terms and
restrictions established by the Agreement.
12.4. At the request of the Company, provide or confirm the
information necessary to fulfill the terms of the Agreement and comply with the law.
12.5. Provide the Company with only relevant
information.
12.6. Independently take
measures to ensure the security of the Account and prevent unauthorized access to it by
third parties. The User undertakes not to disclose or transfer to third parties the
Account data, as well as the login and password of the Account, with which the User's
authorization (authentication) in the Game is possible.
12.7. To compensate the Company, other users and other third
parties for any losses incurred by them in connection with the User's actions, including
due to violations of this Agreement, intellectual property rights and other rights.
12.8. Immediately inform the Company about
any facts of unauthorized use of the Account, hacking and other similar actions.
12.9. The User agrees that in case of violation of
the terms of the Agreement, any legal requirements or the rights of third parties, which
caused losses to the Company as a result of claims, lawsuits and/or direct and indirect
claims for damages/fines, the User undertakes to reimburse any such losses and expenses
of the Company in full volume.
12.10. Comply
with other requirements and obligations stipulated by the Agreement.
13. Responsibility of the User
The User is responsible for:
13.1. Violation of the terms of the Agreement and
other legal provisions posted on the Platform.
13.2. The accuracy and accuracy of the information provided by him
to the Company.
13.3. Providing incorrect
information and/or violating the terms of the Agreement, which resulted in the inability
of the Company to properly fulfill its obligations to the User.
13.4. The User is also liable in other cases stipulated by the
Agreement and the current legislation of the Russian Federation.
14. The Company has the right to
14.1. At any time unilaterally, without prior notice to Users, restrict, expand,
supplement, modify, delete and otherwise modify the Game, any of its elements,
components and parts (modify the Game). Modification of the Game and its elements can be
carried out by adding an existing set of Game elements or (adding new pieces of
software) or removing any Game elements. The User agrees to the modification of the Game
by the Company without prior notice to the User.
14.2. Change the technical and other characteristics of any part
of the Game, change the scenarios of the Game, including changes in the gameplay,
etc.
14.3. Delete any information posted by the User in the Game at any time.
14.4. Limit or terminate the User's right to
use the Game and terminate the Agreement if the User violates the terms of the
Agreement. When exercising this right, the Company is not obliged to provide the User
with evidence indicating that the User violated the terms of the Agreement, as a result
of which access was terminated or restricted to the User.
14.5. Make comments, warn, notify, inform the User about his
violation of the terms of the Agreement.
14.6. At any time suspend, restrict and/or terminate this
Agreement unilaterally with respect to the Game for any or all users, including if the
User does not comply with the terms of the Agreement.
14.7. Terminate the right to use the Game at any time, including
the right to Non-Activated Data and Commands, subject to the provisions of this
Agreement.
14.8. The Company has the right,
at its discretion, to unilaterally set and change the price for granting rights to
Non-Activated Data and Commands without prior notice to Users.
14.9. If the Company holds contests/sweepstakes/promotional
events, etc. (hereinafter referred to as promotions), special rules of the Game, receipt
of Inactive Data and commands and other conditions other than those contained in the
Agreement may be established in the terms of such promotions. If the User participates
in the promotion, the terms of the promotion determined by the Company are included in
the Agreement for this User and are valid for the period specified in them or an implied
reasonable period.
14.10. The Company has the
right to change its contact details without prior notice to Users on the Website and in
the legal documents located on it.
14.11. The
Company has the right to unilaterally (without requesting the User's consent) assign
and/or in any way transfer its rights and obligations arising from legal relations with
the User, in whole or in part, to third parties.
14.12. The Company has the right to unilaterally (without
requesting the User's consent) entrust the fulfillment of its obligations to third
parties, remaining responsible for their actions.
15. The Company undertakes
15.1. Provide the User with the opportunity to use the Game on the terms set forth in
this Agreement.
15.2. Provide the User with
the opportunity to use the Client part of the game and activated data and commands free
of charge.
15.3. Provide the User with the
opportunity to use the rights to Non-Activated Data and commands if the User complies
with the conditions for receiving them and making a license payment.
15.4. Notify the User of a change in the terms of the
Agreement by placing an appropriate announcement on the Platform and/or in the Game.
16. Limitation of Liability
16.1. Any losses that the User may incur in case of intentional or unintentional
violation of any provision of the Agreement, as well as due to unauthorized access to
his personal data, Account, etc. through no fault of the Company, are not reimbursed.
The Company is not responsible for:
16.2.
Non-fulfillment or improper fulfillment of its obligations, delays or failures in the
operation of the Platform/Games resulting from failures in telecommunications and energy
networks, failures on the Internet, malicious programs, as well as unscrupulous actions
of third parties aimed at unauthorized access and/or disabling of the Company's software
and/or hardware complex.
16.3. Illegal,
violating the terms of the Agreement and other actions of Users or third parties,
including those preventing the use of the Game by other Users.
16.4. Loss of User access to the Account, including due to loss of
login, password or other necessary information.
16.5. The User's lack of access to the Internet and the quality of
services provided by Internet service providers and other persons ensuring the operation
of the User's Internet connection.
16.6.
Third-party materials posted in the Game or on third-party websites, accessible via
links posted by other Users in the Game.
16.7. Actions and operation of transfer systems, banks, payment
systems and for delays related to their operation.
16.8. Improper functioning of the Platform and the Game, if the
User does not have the necessary technical means to use it, and also, the Company does
not bear any obligations to provide Users with such means.
16.9. Improper functioning and/or closure of the Platform and/or
the Game, irretrievable loss of all elements of the Platform, including inactive data
and programs, in case of failures, violations, blockages, restrictions on the Company's
access by third parties to functional services and resources that ensure the Company's
work.
16.10. The Company does not compensate
for direct or indirect damage, as well as lost profits of the User or third parties as a
result of the use or inability to use the Game; statements or behavior of Users in the
Game.
16.11. The Company is not responsible
for damage caused to the User as a result of improper use of Rights to Non-Activated
Data and Commands and Goods purchased on the Platform / in the Game.
16.12. The Company is not responsible to the User or third
parties for the termination of access to the Platform/The Game, including in case of
violation by the User of any provision of the Agreement or other legal document
containing the terms of use of the Platform / the terms of the Game.
16.13. The Company is released from liability for full or
partial non-fulfillment of its obligations if the non-fulfillment is the result of such
force majeure circumstances as: war or hostilities, earthquake, flood, fire and other
natural disasters, acts or actions of state authorities, changes in customs regulations,
import and export restrictions that arose regardless of the will of the Company. In the
event of circumstances in which it cannot fulfill its obligations, it immediately
notifies Users of this.
16.14. The Company
does not compensate for lost profits and/or indirect damage. The infliction of any
damage must be documented.
16.15. In any
case, the Company's liability to the User is limited to the amount of royalties received
by the Company from the User until the occurrence of circumstances that caused the
Company's liability.
17. The quality of the Game and the Company's guarantees
17.1. The Company provides the User with access to the Game in the "as is" state (access
to the Game is realized with the functional properties of the Game and in the state in
which the Game exists at the time of provision) and does not give any guarantees
regarding the quality of the Game or gameplay, except directly specified in this
Agreement or applicable law.
17.2. During the
Game, the User has the right to acquire rights to Non-Activated Data and commands. They
are provided to the User in the "as is" state (with those functional properties and in
the state in which they exist at the time of provision).
17.3. The Company does not guarantee that:
17.3.1. the processes in the Game will always proceed without
technical failures, continuously, quickly, and without errors;
17.3.3. The Game
will be available for its use around the clock, at a certain point in time or for a
certain period;
17.3.3. The Game itself, its
quality, scenario, gameplay, game elements, data, information received by the User
during the use of the Game, as well as, will satisfy/meet the subjective requirements
and expectations of the User.
17.3.4. The
Company warns that due to objective reasons (multiplayer game, free online communication
of Users during the Game), there may be cases of violation of the terms of the Agreement
by Users, which other Users may encounter.
18. PROCESSING OF PERSONAL DATA
18.1. The provisions concerning the processing of personal data and cookies by the
Company are contained in the "Privacy Policy".
18.2. By communicating any data through the
Platform, the User guarantees their relevance and gives unconditional consent to the use
of such data in accordance with the terms of the "Personal Data Processing Regulations"
by the Company, as well as by third parties engaged by the Company for the purposes of
their processing.
18.3. The User guarantees
that by transmitting any information through the Website, including personal data, he is
transmitting genuine data, and in the case of transmission of third-party data, that he
has received appropriate permission from such persons to distribute them. The Company is
not responsible for the User's actions that violate the rights of third parties
regarding their personal data, as well as for the consequences of the User's actions,
expressed in the transfer of false data necessary for the Company to properly fulfill
its obligations to the User.
19. Dispute Resolution
19.1. In case of questions and complaints from the User, he must contact the Company
using the contacts indicated on the Platform.
19.2. All possible disputes arising from the relations regulated
by the Agreement are subject to resolution in accordance with the current legislation of
the Russian Federation.
19.3. In case of any
disagreements or disputes, the Parties will take measures to resolve them through
negotiations.
19.4. If it is impossible to
resolve the dispute through negotiations, either Party has the right to apply to the
court for protection of its rights, which are granted to it by the current legislation
of the Russian Federation.
20. Termination of the Agreement
20.1. The Company has the right to terminate this Agreement unilaterally at any time with
the termination of the opportunity to use the Platform, including the rights to
Non-Activated Data and commands, as well as other components and elements of the
Platform/Games, including in the case of:
20.1.1. closing the Platform. The Company notifies Users of the
closure of the Platform at least thirty (30) calendar days prior to the closing
date;
20.1.2. any violation by the User of the terms of this Agreement or other
legal documents contained on the Platform.
20.2. The User has the right to terminate this Agreement
unilaterally at any time without notifying the Company and without explaining the
reasons by deleting his Account/exiting the Platform and/or deleting the Platform
itself/Games from your device. In this case, all User data, as well as Non-Activated
data and commands that the User had the right to use, can be deleted without the right
to restore.
20.3. In any case, upon
termination of the Agreement, the Company does not refund / recalculate the royalties
paid by the User, does not pay any compensation, does not reimburse the User for the
monetary equivalent of in-game currency, does not reimburse the cost of acquired rights
to use Non-Activated Data and commands, does not reimburse any damage and/or losses.
21. Other conditions
21.1. The terms of the Agreement may be changed by the Company unilaterally without
notifying anyone. The new version of the Agreement comes into force from the moment it
is published on the Platform. If the User does not agree with the changes, he is obliged
to stop the Game and any use of the Platform. If the User continues to use the
Platform/After making changes to the Agreement, he thereby expresses full and
unconditional acceptance of the changes made to the Agreement.
21.2. Nothing in the terms of the Agreement can be understood as
establishing a relationship between the User and the Company that is not expressly
provided for in the Agreement.
21.3. Appeals
and messages to the Company are sent to the contacts indicated on the Platform.
21.4. The provisions of the current legislation of
the Russian Federation apply to the relationship between the User and the Company.
21.5. The court's recognition of any
provision of the Agreement as invalid does not entail the invalidity of other provisions
of the Agreement.
21.6. The Company is not
obliged to consider counter-proposals from Users regarding changes to the terms of this
Agreement.