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://cybershok.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://cybershok.net/policy;
Rules for exchanging in-game
currency for prizes
https://cybershok.net/exchange;
If you use any of the
Platform's services https://cybershok.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://cybershok.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://cybershok.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.
