11.01.2021

This End User License Agreement (hereinafter referred to as “Agreement”) governs the usage of software products, content and services provided by “Bastion Games” Ltd (hereinafter referred to as “Bastion Games”), such as gaming software and the corresponding updates, improvements and functions, as well as web-sites provided by “Bastion Games” company (hereinafter referred to as “Bastion Games Services”), and access to them.

Terms, used in this Agreement:

«Content» - software, technology, text, company’s Internet publications, messages, links, music, graphics, images, videos, program code and all audiovisual and other materials, accessible through Bastion Games Services. “Content” also includes usernames and nicknames, created by Bastion Games Services’ users. All content belongs to Bastion Games company.

«Rights» — access rights to Bastion Games Services components, their online and offline usage, granted by Bastion Games based on licensing.

«Submissions» — any statements, presentations, assurances or warranties of any party.

This Agreement governs the relationship between you and Bastion Games company, specified in this Agreement under the “General Conditions”.

If you use Bastion Games Services, you confirm accepting to comply with the terms of this Agreement. If you do not accept the terms of this Agreement, do not use Bastion Games Services.

Bastion Games Services are provided to you by licensing. This means that Bastion Games provide you with personal, limited, untransferable and revocable rights and license of access to Bastion Games Services for non-commercial usage on terms regulated by this Agreement.

You do not have rights to decompile, extract or in use the source code or any content of Bastion Games Services, unless given an official permission by Bastion Games or by law. Bastion Games holds all other rights, including legal titles and the interest in regards to Bastion Games Services and its intellectual property.

Bastion Games doesn’t guarantee the availability of Bastion Games Services at any time in all territories and/or all devices. Bastion Games holds rights to stop providing Bastion Games Services wholly or partially at any given moment.

Price of Bastion Games Services can be changed at any moment. New cost is only applied to orders placed after the cost change takes place.

Updates and other amendments of Bastion Games Services:

Bastion Games Services holds rights to change Content for any reason at any time, including technical reasons.

Bastion Games may ask you to download or to give access to downloading software, updates, correction files and/or other utilities needed for further use of the Services.

Such changes may affect the Services and/or your acquired rights, or lead to crashes/glitches in the gaming environment.

Bastion Games also holds rights to establish:

• Content storage period, as a part of Bastion Games Services;
  
• Maximal amount of Bastion Games Services’ stored user messages;
  
• Maximal memory size for Bastion Games Services functionality.

Bastion Games Services contain chats and other types of platforms dedicated for online communications. You must understand that by using those platforms you acknowledge that your nickname is public and available for viewing to any Bastion Games Services user. Send messages at your own risk. You bear a personal responsibility for sending, publishing and distributing your messages.

It is not recommended to use your real name when creating a “user name” or a “nickname” in games or other online resources, and it is forbidden to use another person’s real name or a nickname, or any name perceived as inappropriate or offensive by Bastion Games company.

When you gain access to or use Bastion Games Services, you agree:

• To not violate current legislation.
  
• To not disrupt the functionality of Bastion Games Services or servers and network necessary for Bastion Games Services maintenance.
  
• To not use Third Party software that may damage, change or disrupt Bastion Games Services.
  
• To not damage or disrupt the usage of Bastion Games Services by other players. This includes disrupting the gaming process, chat or dialogue.
  
• To not send messages containing spam, threats or disturbing content to other players, or perform other unacceptable actions directed at them.
  
• To not create or organize the user information, activities, groups or guilds that are inappropriate, offensive, disturbing, blasphemous, threatening, hateful, obscene, vulgar, containing inappropriate images, and discrediting, infringing or breaching confidentiality of other people, or forbidden by other reasons.
  
• To not publish, upload or distribute the user information or content that you don’t have rights to distribute or that is illegal.
  
• To not publish, upload or distribute such information as nicknames or other content or data, that Bastion Games company justifiably and objectively sees as inappropriate, offensive, disturbing, blasphemous, threatening, hateful, obscene, vulgar, breaching private life or rights of other people, or illegal.
  
• To not publish messages for any reason except for communication. To not include advertising, spam, chain messages or other means of imposition of services or commercial activity.
  
• To not impersonate other people, Bastion Games employees or representatives.
  
• To not send false notifications to Bastion Games employees.
  
• To not attempt to get other players’ password, account or any other private data.
  
• To not purchase or gain access to Bastion Games Services within the framework of criminal or other illegal activity.
  
• To not use or distribute unallowed software or utilities, or use vulnerabilities, errors or problems within Bastion Games Services to gain unwarranted advantage.
  
• To not participate in fraudulent activities, perform actions directed at suppression of competition or contribute to commitment of such actions.
  
• To not use Bastion Games Services in any other services, not controlled or authorized by Bastion Games Services.
  
• To not offer, sell, buy, exchange or otherwise transfer your Bastion Games Services account.
  
• To not use Bastion Games Services in countries, whose current export control legislation forbids the Bastion Games Services usage.
  
• To not participate in any activity that substantially disrupts the peaceful, fair and polite gaming environment of Bastion Games Services.
  
• To not use Bastion Games Services user information for purposes unrelated to the Services, including attempts at identifying other users.
  
• To not participate or call for participation in any forbidden activities, described above.

If you or any other person that uses your account breach these terms and don’t eliminate the violation after the corresponding warning, Bastion Games company holds rights to take appropriate actions against you, including partially or fully revoking your access to the Services or your account. In event of severe terms violations, Bastion Games company has rights to take such actions without warning.

Certain Bastion Games Services can be imposed by additional rules, regulating your actions at times of using such Services.

If you have any information about terms violation by another user, please inform Bastion Games services of such incidents: contact@dreamside.net.

Bastion Games company holds rights to regulate and register the network activity or Content in Bastion Games Services, as well as remove Content from Bastion Games Services at its own discretion.

Your access to Bastion Games Services is affected by Bastion Games Privacy Policy, which is an integral part of this Agreement and can be found on the website: https://frozen-flame.com/bastion-games-privacy-policy/.

We do not hold responsibility and do not approve of opinions or recommendations explicated or sent by Bastion Games Services’ users. Such messages are the responsibility of concerned users.

In accordance with applicable legal requirements Bastion Games doesn’t hold responsibility of controlling the Content, materials of users, messages and other data, provided by users through Bastion Games Services. We can (but not have to) regulate, control and moderate Bastion Games Services. Bastion Games doesn’t guarantee the credibility, originality, precision or usefulness of any users’ content.

This Agreement is valid until revocation by you or Bastion Games. Bastion Games Services holds rights to cease your access to Bastion Games Services or deactivate your Bastion Games account upon breach of terms on your behalf, or in event of illegal, inappropriate or fraudulent use of Bastion Games Services through your Bastion Games account. Bastion Games will notify you of such an event if possible. As a result of Bastion Games account deactivation, you would lose access to your Bastion Games account or rights, as well as Bastion Games Services in the future. Agreement Termination also means the revocation of the Licensing.

Instead of or before the Agreement Termination Bastion Games company holds rights to cease your access to certain Bastion Games Services, your Bastion Games account or change the terms of access, null Rights of your Bastion Games account or device, delete any data that breaches t this Agreement, or block your device from accessing certain Bastion Games Services.

If Bastion Games company acts in accordance with terms of this Section, you can not request the refund (if such possibility is provided by applicable law), your Rights will be revoked and will not be converted into cash or other form of refund.

Bastion Games company holds rights to terminate the provision of any Bastion Games Services, notifying you beforehand. After termination of the provision of network services we’ll stop releasing games’ updates and can’t guarantee the games’ functionality on newer and updated operating systems.

If you think that there was a mistake in application of actions against your account or device, please contact our support: contact@dreamside.net.

If you refuse to follow this Agreement, you must cease your usage of Bastion Games Services.

If, according to the laws of your country of residence, you are a minor, you can only accept this Agreement at your parents’/guardians’ discretion.

If you are a parent/guardian, we advise monitoring your children’s gaming activity and familiarize yourself with Bastion Games parental control systems.

Bastion Games can limit access to separate Bastion Games Services by age restrictions, and limit minors’ of certain age to only be able to sign up and gain access to separate Bastion Games Services at their parents’/guardians’ discretion.

To the extent permitted by law, Bastion Games is not responsible for any actions committed by minors without their parents’/guardians’ discretion. In all cases parents/guardians are responsible for any event of Bastion Games Services usage by minors. If you are a parent/guardian and permit your child to sign up to Bastion Games Services, you accept the Agreement regulating the use of Bastion Games Services by your child.

You may gain access to certain Bastion Games Services through the third party services/platforms (console manufacturers, streaming services etc). If you gain access to Bastion Games Services through the third party services/platforms, your actions will be regulated by the third parties’ Agreements. In case of inconsistency, the priority is given to the third party Agreements.

We hold rights to demonstrate third party products, services and/or content through advertising and informational elements, and to perform cross-marketing operations with our partners of choice.

In no case do we hold responsibility for such third party services, products or content.

LIMITATION AND DISCLAIMER

YOU RECOGNIZE THAT THE USE OF BASTION GAMES SERVICES IS ASSOCIATED WITH RISK CAUSED BY THE THIRD PARTIES’ MALICIOUS INTENT AND YOUR OWN INTENTIONAL MISCONDUCT OR NEGLIGENCE.

BASTION GAMES SERVICES ARE PROVIDED “AS IS''. BASTION GAMES SERVICES DOES NOT GUARANTEE AND DOESN’T HOLD RESPONSIBILITY FOR RESULTS OF BASTION GAMES SERVICES USE, THEIR CONFORMITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY ETC AS PERMITTED BY APPLICABLE LAW. BASTION GAMES SERVICES DISCLAIMS ANY WARRANTY REGARDING THE MARKET VALUE OF SERVICES AND GAMES, YOUR SATISFACTION OR SUITABILITY OF THE SERVICES AND GAMES FOR PARTICULAR PURPOSES.

IN ADDITION, BASTION GAMES PROVIDES A LIMITED WARRANTY THAT BASTION GAMES SERVICES, INCLUDING SERVERS AND THE REQUIRED SOFTWARE WORK WITHOUT INTERRUPTION, DON’T CONTAIN ANY ERRORS, FAULTS, VIRUSES OR HARMFUL ELEMENTS, OR THAT SUCH ERRORS, FAULTS, VIRUSES OR HARMFUL ELEMENTS WILL BE TERMINATED, PROVIDED THAT THE TERMINATION IS IN THE FRAMEWORK OF BASTION GAMES’ REASONABLE EFFORTS AND THE MALFUNCTIONS AREN’T CAUSED BY YOUR ACTIONS OR THE THIRD PARTIES’ MALICIOUS INTENT.

BASTION GAMES PROVIDES THE WARRANTY THAT ANY INFORMATION, CONTENT AND/OR ELEMENTS, CONTAINED IN GAMES OR SERVICES UNDER BASTION GAMES CONTROL ARE RELIABLE, COMPLETE AND UP-TO-DATE. OTHERWISE BASTION GAMES DOESN’T PROVIDE ANY WARRANTY. IN PARTICULAR, BASTION GAMES DOESN’T EXERCISE TOTAL CONTROL OVER CONTENT OF ANY KIND, SPECIFICALLY USER-CREATED CONTENT, ANY STATEMENTS POSTED BY YOU OR OTHER USERS THROUGH BASTION GAMES SERVICES, OR YOUR ACTIONS WITHIN BASTION GAMES SERVICES. THUS, BASTION GAMES DOESN’T PROVIDE WARRANTIES OR HOLD RESPONSIBILITIES FOR YOUR OR OTHER USERS’ ACTIONS. BASTION GAMES CAN’T BE HELD RESPONSIBLE FOR THE THIRD PARTY PRODUCTS OR SERVICES, PROVIDED YOU UNDER INTERMEDIATION OF BASTION GAMES, AND DOESN’T HOLD RESPONSIBILITY FOR SUCH PRODUCTS AND SERVICES.

YOU HOLD FOR RESPONSIBILITY FOR ALL RISKS AND EXPENSES FROM YOUR USE OF BASTION GAMES SERVICES. IN ADDITION, YOU YOURSELF BEAR ALL EXPENSES FOR SUPPORT AND REPAIRS. YOU HOLD FULL RESPONSIBILITY FOR ALL RISKS IN REGARDS OF TIME AND EFFORT LOSS, DATA LOSS (THE GAME PROGRESS IN PARTICULAR), AND ERRORS AND LOSS OF COMMERCIAL OR OTHER INFORMATION DUE TO YOUR USE OF THE SERVICES AND GAMES.

YOU HOLD FULL RESPONSIBILITY FOR DAMAGES INFLICTED UPON BASTION GAMES, ITS PARTNERS, OTHER BASTION GAMES SERVICES USERS, AND OTHER INDIVIDUALS AND LEGAL ENTITIES AS A RESULT OF YOUR VIOLATION OF THE REQUIREMENTS OF THE LAWS OR THIS AGREEMENT DURING YOUR USE OF ALL OR PART OF BASTION GAMES SERVICES.

IN CASE OF YOUR VIOLATION OF THE REQUIREMENTS OF THE LAWS OR THIS AGREEMENT, BASTION GAMES HOLDS RIGHTS TO (1) TERMINATE YOUR ACCOUNT AND LICENSE TO BASTION GAMES SERVICES ACCESS AND (2) SUBMIT A CIVIL OR CRIMINAL LAWSUIT FOR VIOLATION OF RIGHTS TO OBTAIN COMPENSATION FOR DAMAGES. IN PARTICULAR, BUT NOT LIMITED TO, BASTION GAMES RESERVES THE RIGHT TO PROSECUTE ANY USER THAT CAUSED OR ATTEMPTED TO CAUSE DAMAGE TO BASTION GAMES SERVICES DUE TO MALICIOUS INTENT, INTERRUPTED OR FACILITATED THE WORK OF BASTION GAMES SERVICES.

BASTION GAMES RESERVES THE RIGHT TO TERMINATE THE WORK OF ALL OR SEPARATE BASTION GAMES SERVICES IN CASE OF YOUR BREACH OF THESE TERMS AND CONDITIONS.

YOU UNDERSTAND AND ACKNOWLEDGE THAT UNDER THE PERMITTED LAW IN THE EVENT OF A DISPUTE WITH BASTION GAMES YOU HAVE RIGHTS TO (1) STOP USING BASTION GAMES SERVICES AND TERMINATE YOUR ACCOUNT AND (2), SUBMIT A CLAIM FOR THE PURPOSE OF RECEIVING COMPENSATION FOR DAMAGES.

IN ANY CASE, BASTION GAMES RESPONSIBILITIES TO YOU ARE LIMITED TO THE AMOUNT OF CASH PAID BY YOU FOR THE ACCESS TO BASTION GAMES SERVICES DURING THE LAST 12 (TWELVE) MONTH PRIOR TO THE DISPUTE.

IN SPITE OF THE AFORESAID, PROVISIONS OF THIS SECTION THAT LIMIT BASTION GAMES SERVICES RESPONSIBILITIES, DO NOT APPLY TO CASES OF FRAUDULENT ACTIONS OR CLAIMS, CASES OF DEATH OR HEALTH INJURY DUE TO NEGLIGENCE ON THE PART OF BASTION GAMES. IN ADDITION, ALL PROHIBITS, EXCLUSIONS AND EXCLUSIVE PROVISIONS WILL APPLY ONLY TO THE EXTEND PERMITTED BY APPLICABLE LAW.

WARRANTIES AND COMPENSATIONS

At the request of Bastion Games, you agree to defend Bastion Games against liability and claims, and indemnify Bastion Games any damage and all expenses, including attorney’s fees arising from and/or as a result of your violation of this Agreement through your fault, or due to the distribution of content you have created on or through Bastion Games Services, or due to your actions on Bastion Games Services in general. Without limiting the foregoing, you agree to defend Bastion Games from claims and damages arising from unauthorized or illegal use of your account, including the cases of unauthorized or illegal use of your account by third parties with your knowledge. You agree to hold full personal responsibility for your use of Bastion Games Services, your acts of communication and actions on Bastion Games Services.

Bastion Games reserves the rights to defend its interests independently at its own expense, and to resolve disputes, from which you are obligated to defend it. In such situations, you are waived of all applicable warranty obligations. The provisions of this Section will continue to apply even after termination of this Agreement or your account.

Bastion Games holds the right to revise this Agreement at any time for the security, legal or regulatory reasons, and/or according to best practice. We will not use this right to make significant changes to the Agreement in regards to your rights, without giving you the opportunity to familiarize yourself with the changes and to accept them. If you do not agree with the changes made to this Agreement, you must stop using Bastion Games Services. You should regularly check for changes to the Agreement, as they are mandatory for you to follow. Any use of Bastion Games Services after the changes implies your acceptance of the revised terms.

If any court of competent authority considers that any of the provisions of these terms and conditions are invalid, illegal or unenforceable, then such a provision or its part will be considered excluded, to the extent required, and the validity and enforceability of other provisions of these terms and conditions will not be affected. If any invalid, unenforceable or illegal provision of these terms and conditions will be valid, enforceable or legal in the event that any part of it is removed, then such provision will apply with the minimum necessary changes to make it legal, valid and enforceable to reflect our original intentions.

A waiver of a right or remedy can only be considered valid after signing the respective written statement between you and Bastion Games. Any non-performance or delay by us of any right or remedy under this Agreement or the law is not a waiver of this or any other right or remedy, nor does it impede or limit the further exercise of this or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or limit the further exercise of this or any other right or remedy.

Upon conclusion of this Agreement neither party has relied on or relies on Submissions other than those specified in this Agreement.

Each of the parties agrees that the only rights and remedies available to it, arising from or in connection with the Submissions, are the rights to breach the Agreement.

This Agreement and any rules or instructions posted on the Internet in regards to Bastion Games Services contain the entire agreement between you and Bastion Games regarding subject matter of this Agreement, and supersede any prior or existing oral or written agreements, discussions and arguments.

Nothing contained in this Agreement limits or excludes any liability for fraud or fraudulent misrepresentation of information.

This Agreement is governed by the laws of the Russian Federation, without the application of conflict of laws rules.

You acknowledge the jurisdiction of arbitration courts and courts of general jurisdiction located in the Russian Federation to resolve any claims or disputes in regards to Bastion Games, arising from or related in any way to this Agreement.

We don’t hold any responsibilities in accordance with this Agreement, if we are hindered or delayed by the fulfillment of our obligations or the performance of our activities by any actions, events, omissions or accidents outside our reasonable control, including but not limited to strikes, telecommunications network failures, natural disasters, wars, riots, pandemics, malicious damages, compliances with any law or government orders, accidents, fires, floodings, or defaults by subcontractors.

If you have any questions in regards to this Agreement, any Bastion Games Services or Content, you can contact us by email: contact@dreamside.net.