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END USER LICENSE AGREEMENT
(Version from 22.03.2023)
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE GAME “Caliber”, THE APPLICATION, THE SOFTWARE, OR ANY OF ITS UPDATES, CHANGES OR DLC.
This End User License Agreement (“EULA”) is a public offer (official offer) to an individual/end user and regulates the use of the game “Caliber”, application, software, any updates, changes or DLCs (the “Game”), currently provided or to be provided by the licensor – 1C-777 Limited and/or its affiliates, including those belonging to the same group of companies (“Administrator”).
This EULA is a binding legal agreement between the Administrator and the customers or users (“You” / “User”) of the Game, which grants the User the limited, non-exclusive, non-sublicensable and non-transferable right to use the Game under the terms of the EULA.
By receiving, opening the file package, installing and/or using the Game containing this software, You agree to comply with intellectual property laws and all the terms of this EULA, as well as the below stated Privacy policy and the Rules of Conduct.
The Rules of Conduct are located at playcaliber.com/en/conduct/. The Rules of Conduct are a document describing the rules of participation and conduct for the User, as well as their punishments for violations.
The User has the right to create an account – a User account created by the User and owned by the Administrator, which is a set of data about the User necessary for the User to use the Game in accordance with this EULA, namely: authorization (authentication) of the User in the Game, access to information about the User, settings, game values, statistical indicators and other similar information.
The rights to use the Game are granted to the User by the Administrator under the conditions specified in the EULA.
The Licensor / Administrator does not transfer the right to the name of the Game to You, and the license granted to You under the EULA does not constitute a sale.
If you do not agree to be bound by this EULA, do not install and use the Game; remove the Game from your device.
1. ACCEPTANCE OF THE EULA
1.1 The fact of installing and using the Game is full and unconditional acceptance of the terms of this EULA, the Rules of Conduct of the Game, as well as the Privacy Policy, and this individual is considered as a person who entered into a contractual relationship with the Administrator. From the moment of performance of the actions provided for in this paragraph of this EULA, this EULA is considered to be concluded in writing.
1.2 The User can be any individual who has reached the age of 18 years at the time of installation and use of the Game. Minors have the right to enter into this EULA and use the Game only if the consent of their legal representative is available at the time of installation and use of the Game. Accordingly, the User, by installing and using the Game, confirms his or her full age and legal capacity, and if the User is a minor – the consent of his or her legal representative. At the request of the Administrator, the User informs the Administrator of the personal (passport) data of his or her legal representative, whose consent to sign this EULA was obtained by the User.
2. SUBJECT OF THE EULA
2.1 The Administrator grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to install and/or use the Game for private use for such time until the User or the Administrator terminates this EULA.
2.2 The User shall not directly or indirectly (i) copy, sell, rent, lease, license, distribute, use the Game or any part of it for commercial purposes, and (ii) reverse engineer, decompile, adapt, modify or create derivative works based on the Game; (iii) remove, alter, disable or modify copyright and trademark information or other notices of authorship and origin information, notices or labels contained on or within the Game.
2.3 Except as expressly provided in the EULA, all rights not granted to the User under this EULA are expressly reserved by the Administrator. The Game and all related rights remain the property of the Administrator. The Administrator reserves the sole and exclusive ownership of all rights, titles and interest in and to the Game and all related intellectual property rights.
2.4 The Administrator has the right to, at any time, unilaterally, without warning the User in advance, restrict, expand, modify or otherwise change the game, any of its elements and parts, as well as the key documents.
Modifications to the game and its elements can be done via creation and application of new software parts (patches). Their goal might, for example, be improvements or changes to the gameplay or addition of new data and commands to the Game (features), which can lead to loss of rights to using certain game elements and Rights to unused data and commands. The User understands and accepts that these actions are an intrinsic part of the Game’s development and ongoing functioning, and grants the Administrator their consent to perform them without warning the User in advance.
2.5 Updates, upgrades, patches, and modifications may be necessary in order to be able to continue using the Game on certain hardware.
The EULA does not confer any right or title to the Game and cannot be understood as a transfer of any intellectual property rights to the Game.
2.6 THIS GAME IS LICENSED TO YOU FOR PRIVATE USE, NOT FOR SALE.
2.7 When using the Game, the User undertakes to comply with all applicable laws, rules and regulations and not to use the Game for any illegal purposes.
2.8 Each licensed copy of the Game can be used on one device by one User. Using the Game means that you have downloaded, installed, or run the Game on a computer or similar device. If you install the Game on a multiplayer platform, server, or network, then each individual User of the Game must obtain a license separately.
2.9 The Administrator notifies the User on the site about the installation of the next version of the Game. The User agrees that in order to participate in the Game after installing the next version of the Game, it may be necessary to accept a new end user license agreement and other mandatory documents posted on the site. The User agrees that the installation of updates, patches and fixes might lead to them being unable to use the Game and, as a result, such services as Premium, during installation, without any recompense.
2.10 The User acknowledges and agrees that the Administrator has the right to change this EULA unilaterally, publishing notifications of such changes on the site and/or by email and/or in the Game. The notification is considered received by the User one day after the publication of such notification on the main page or in the news section of the site. The User's continued participation in the Game process means that the User agrees to the amended terms of the EULA.
3. OWNERSHIP OF THE GAME
The User acknowledges that all rights related to the Game and its components (in particular, names, source code, themes, characters, character names, stories, dialogues, locations, concepts, images, photos, animation, videos, music and text contained in the Game), as well as rights related to the trademark, copyrights related to the Game, are the property of the Administrator and are protected by the acts and laws of the Republic of Cyprus and international regulations and other laws, treaties, international laws and agreements related to intellectual property.
4. USING THE GAME
4.1 The Game is a computer program and is a collection of data, commands and audio-visual displays generated by it (“data” and “commands”), activated sequentially for the User to obtain a certain result provided for by the Game scenario, without paying a fee (activated data and commands) or after paying a license fee (non-activated data and commands) (Free-to-play).
4.2 Rights to non-activated data and commands – the rights provided for in this EULA to use data, commands (in particular, in-game currency, premium, other data, commands) and the audio-visual displays of the Game generated by them, activated sequentially for the User to obtain a certain result provided for in the Game scenario, acquired by the User after making the license payment set by the Administrator, at the time of reflection of the corresponding non-activated data and commands in the User account. Rights to non-activated data and commands can be purchased in the Store – the Administrator's resource located at playcaliber.com/store. The amount of the license fee for the Rights to non-activated data and commands is determined by the Administrator and specified in the Store. By purchasing the Rights to non-activated data and commands, the User gets the rights to use the extended functionality of the Game. The Administrator unilaterally determines the types and contents of non-activated data and commands. The term of use of Premium, which is part of the Game, is calculated from the moment of creating an entry about it in the account and is valid until the expiration of the term of validity of Premium set by the Administrator. Payments are made by the User by transferring funds to the Administrator through the payment methods supported by the Administrator. The list of available payment methods is determined by the Administrator unilaterally and is indicated in the Store or in another way.
4.3 The Administrator has the right, at its sole discretion, to determine the territory within which the rights to use the Game are granted in accordance with this EULA.
4.4 The User has the right to use the Game in accordance with the instructions given in the Rules of Conduct.
4.5 The User undertakes not to use third-party software or other means to modify the Game’s files and/or the gameplay in order to gain an advantage over other participants in the gameplay.
4.6 The User undertakes not to sell, distribute, assign, transfer, sublicense or rent the Game to any third parties, as well as the User undertakes to provide relevant information when creating an account and not to transfer the account or access to it to other persons.
4.7 The User may irrevocably transfer all their rights under the EULA to the recipient, provided that the recipient agrees to the terms of the EULA and the User deletes the Game from the User's device. In this case, the User also undertakes to transfer to the recipient all components and documentation related to the Game.
4.8 The User agrees that the Game may contain sound and video effects that, under certain circumstances, may cause an exacerbation of epileptic and other neurological disorders in persons prone to them, and confirms that the User does not suffer from these disorders, and otherwise will not use the Game.
4.9 The User understands and agrees that regular prolonged use of a personal computer or other technical device may cause various health disorders, including visual impairment, scoliosis, various forms of neuroses, and the like. The User guarantees that The User will use the Game exclusively for a reasonable period of time with breaks for rest and prevention of health disorders.
4.10 The User understands and agrees that the User is solely responsible for any materials or other information that the User places in the Game, on the site, in chats or otherwise informs other users or makes available to the public.
4.11 The User agrees that the Game is not a game of chance, a game to win money, a contest or a bet. The acquisition of Rights to non-activated data and commands is the implementation of the User's own will and desire.
4.12 In accordance with the established technical requirements, the User can only use the Game in interactive (online) mode, and therefore the User shall have the Internet connection to use the Game.
4.13 The User has the right to refund the funds deposited for non-activated data and commands in the Game within 14 (fourteen) days from the date of purchase, if such purchased non-activated data and commands have not been used by the User yet and are stored in full as purchased. The funds for the purchase will be fully refunded to You within 10 (ten) days after the refund is approved and transferred to the payment method that You used when purchasing.
5. TERMINATION OF THE LICENSE
5.1 The EULA comes into force from the moment of the first installation or use of the Game by the User.
5.2 The EULA may be automatically terminated by the Administrator without prior notice if the User does not comply with the terms of this EULA. In this case, the User must immediately destroy the Game and delete the Game and any part of it from the User's device.
5.3 The User can terminate the EULA at any time by completely deleting the Game from the User's device.
6. WARRANTY
The Administrator shall provide technical support for the Game.
7. LIMITATION OF WARRANTY
7.1 THE GAME IS PROVIDED "AS IS" AND ”AS AVAILABLE". THE ADMINISTRATOR EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE GAME OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFIED IN ARTICLE 6 OF THE EULA.
7.2 The User expressly acknowledges that they use the Game at their own risk.
7.3 The User is responsible for any costs associated with the repair and/or correction of the Game.
7.4 The Administrator does not guarantee that the Game will be uninterrupted or error-free, that defects will be corrected, or that the Game is free of viruses or other harmful components.
7.5 To the extent permitted by law, the Administrator expressly disclaims any warranties regarding the market value of the Game, the User's satisfaction, or the User's ability to make a particular use.
7.6 The User is responsible for all risks associated with loss of profit, loss of data, errors and loss of business or other information as a result of ownership or use of the Game.
7.7 Since some jurisdictions do not allow the above limitation of warranty, it is possible that it will not apply to the User.
8. LIMITATION OF LIABILITY
8.1 In no event (including, without limitation, in the event of negligence) shall the Administrator, its employees, agents or distributors be liable for any direct, indirect, incidental, special, incidental or other damages arising out of or in connection with this EULA, as a result of the use or inability to use the Game, or as a result of the possession or poor functioning of the Game, even if the Administrator has been advised of the possibility of such damages.
In particular, the Administrator assumes no responsibility for the use of the Game in violation of the precautions for use set out in the user manual of the Game.
Since some jurisdictions do not allow an exemption from liability in the event of direct or incidental damages, it is possible that the above exclusion does not apply to the User.
8.2 The entire responsibility of the Administrator, without exception, is limited to the User's refund of the purchase price of the Game in exchange for the return of the Game, all copies, registration documents and manuals, as well as all materials constituting the transfer of the license from the User back to the Administrator.
8.3 This EULA for the use of the Game grants the User certain rights, and the User may have other rights, depending on the legislation of their country.
9. OTHER PROVISIONS
9.1 This EULA and any disputes, claims or obligations (contractual or non-contractual) arising out of or in connection with it, its subject matter or formation are governed by the laws of the Republic of Cyprus, unless otherwise required by the laws of the country where the User usually resides.
9.2 The User hereby confirms that they have read and understood this EULA, and also agrees that the action to install and use the Game is a confirmation of the User's consent to be bound by the terms of this EULA. The User also acknowledges and agrees that this EULA is the complete and exclusive statement of the agreement between the Administrator and the User.
9.3 This EULA may be changed by the Administrator unilaterally. The changes take effect from the moment they are published on the site. The User may not use the Game if the User does not agree with the changes made to the EULA. In this case, the User may terminate the EULA unilaterally within ten (10) calendar days after posting the publication of changes to the EULA on the Game's site and / or sending a notification by email. In the event of a decision to terminate the EULA, the User is obliged to send the Administrator a notice of termination of the EULA by email. If the User has not expressed a desire to terminate this EULA within the above-mentioned period of ten (10) calendar days, the User is considered to have accepted the terms of this EULA, taking into account the changes made to it.
10. TERMINATION
Any failure to comply with the terms and conditions of this EULA will result in the automatic and immediate termination of this EULA. Upon termination of this EULA and the license granted here for any reason, You agree to immediately stop using the Game and destroy all copies of the Game provided under this EULA. Your financial obligations will remain in effect after the expiration or termination of this EULA.
11. TERM OF THE EULA
This EULA comes into force at the time of acceptance of its terms by the User and is valid for twelve (12) months. The validity of this EULA is automatically extended for every next six (6) months, unless it is terminated at the initiative of one of the Parties by sending a written notice to the other Party at least thirty (30) calendar days before the expiration of the current term of the EULA. In the event of termination of the EULA in the specified order, the Administrator does not refund any funds and does not make any other compensation, including losses of any kind.
12. PRIVACY POLICY
This Privacy Policy (hereinafter referred to as the „Privacy Policy”) applies to all information related directly or indirectly to a specific or identifiable individual (subject of personal data), including personal data within the meaning of applicable law (hereinafter referred to as „Personal Information”) that 1C–777 Limited and/or its affiliates, including those belonging to the same group (Administrator), may receive information about you in the process of using the Game.
Controller of Personal Information in relation to the Game – 1C-777 Limited
Registration address: 32 Kritis Street, Papachristoforou Building, 4 Flor, 3087 Limassol, Cyprus.
This Privacy Policy has been compiled in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (hereinafter – GDPR) and other protection laws data or data confidentiality in the member states of the European Union and determines the procedure for processing Personal Information and measures to ensure the security of Personal Information.
Processing of Personal Information – any action (operation) or a set of actions (operations) performed with or without the use of automation tools with Personal Information, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of Personal information.
Confidentiality of Personal Information is a mandatory requirement for the Administrator or other person who has access to Personal Data to prevent their dissemination without the consent of the subject of Personal Information or the presence of other legal grounds.
Cookies are a small piece of data sent by a web server and stored on the user's computer, which the web client or web browser sends to the web server each time in an HTTP request when trying to open a website page.
Your use of the Game means acceptance of this Privacy Policy and the terms of Processing of Personal Information.
In case of disagreement with the terms of the Privacy Policy, you must stop using the Game.
The Administrator does not verify the accuracy of the Personal Information provided by You.
For any questions regarding this Privacy Policy, our handling of Your data, or our compliance with the requirements of current legislation, please contact our Data Protection Officer at:
Authorized Representative of 1C-777 Limited for User Data protection:
32 Kritis Street, Papakristophorou Building, 4 Flor, 3087 Limassol, Cyprus
(32 Kritis Street, Papachristoforou Building, 4th Floor, 3087 Limassol, Cyprus)
Email: privacy@playcaliber.com
This Privacy Policy establishes the Administrator's obligations to non-disclosure and to ensure the confidentiality of the Personal Information that you provide when registering and using the Game. We may receive your Personal Information when you register and use our other products (for example, gaming forums, chat rooms) or provide feedback about our Game.
The personal information allowed to be processed under this Privacy Policy includes the following information:
• last name, first name, patronymic;
• contact phone number;
• email address (email);
• date of birth.
The Administrator protects the data that is automatically transmitted during the viewing of ad blocks and when visiting the Game:
• IP address;
• information from cookies;
• information about the browser (or other program that provides access to the display of advertising);
• the model of your device and its properties (GPU, graphics card, resolution, etc.);
• access time;
• the address of the page where the ad block is located;
• referrer (address of the previous page).
Only part of the above data is qualified as Personal Information. Anonymous or depersonalized information that we cannot associate with your identity does not belong to the category of Personal Information about you (your data). Some of the data that the Administrator collects is not Personal Information and does not allow us to identify you, and the collection of such data is not intended to identify the user. For example, it can be analytical data on the use of the Game or aggregated data detailing the number or types of devices used for this.
Disabling cookies may result in the inability to access parts of the Game that require authorization.
The Administrator collects statistics about the IP addresses of its visitors. This information is used to identify and solve technical problems, to control the legality of financial payments.
We recognize that we have special obligations to protect children's data. We will not intentionally collect children's data or process it without parental consent. In the context of this Privacy Policy, "child" means any natural person under the age of 18 (or the minimum legal age that allows consent to the collection and processing of data, if the current legislation provides for a different age). If you are a parent or guardian and you believe that we have collected your child's data in violation of the law, please contact us at privacy@playcaliber.com. We will delete this data in accordance with the applicable law.
Information from our partners. In some cases, the Administrator receives your Personal Information as a data processing operator. This means that such data is controlled by our partners, and we use it only in accordance with the instructions of the partners and the requirements of current legislation. We use this data to fulfill our obligations under the End User License Agreement and to improve the quality of the Game, as well as if the processing of this data is necessary for us to fulfill a legal obligation.
Payment partners. When You purchase in-game items, in-game currency, or a time-limited Premium membership with a credit card, we may receive from our payment partners and process part of your credit card number, credit card issuer information, as well as the full billing address.
Advertising partners. In order to provide you with in-game items and/or in-game currency to participate in various loyalty programs, we may also receive information from our partners, such as telecommunications companies, banks, cashback services, travel agencies, etc.
The Administrator may use Personal Information for the purposes of:
- User identification, for placing an order and (or) concluding a Game purchase and sale agreement or a User Agreement.
- Providing the user with access to personalized Game resources.
- Establishing feedback with the user, including sending notifications, requests regarding the use of the Game, the provision of services, processing requests and requests from the user.
- Determining the location of the user to ensure security, fraud prevention.
- Confirmation of the accuracy and completeness of the Personal Information provided by the user.
- Creating an account for making purchases, if the user has agreed to create an account.
- Notifications of the Game user about the order status.
- Processing and receiving payments, confirmation of tax or tax benefits, contesting payment.
- Providing the user with effective customer and technical support in case of problems related to the use of the Game.
- Providing the user with his or her consent, product updates, special offers, pricing information, newsletters and other information on behalf of the Administrator.
- Detection, investigation and prevention of violations of the Rules of Conduct and the User Agreement of the end user.
- Carrying out advertising activities with the consent of the user.
The Administrator processes Personal Information only if you fill out and/or send such information yourself through special forms located in the Game. The Administrator also processes depersonalized data about the user specified in this Privacy Policy, if this is allowed in the user's browser settings (including the saving of cookies and the use of JavaScript technology). The processing of Personal Information is carried out without a time limit, in any legal way, including in information systems with or without the use of automation tools.
The Administrator takes the necessary organizational and technical measures to protect Personal Information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
The User may always refuse to receive informational messages by sending an email to the Administrator privacy@playcaliber.com marked "Refusal of notifications".
The User may withdraw his or her consent to the processing of Personal Information at any time and request the deletion of Personal Information, including by deleting the user's account in the Game, by sending a notification to the Administrator via email to the email address privacy@playcaliber.com marked "Withdrawal of consent to the processing of Personal information".
The User may access Personal Information about him or her at any time, that is, the User has the right to request free provision of (i) information about the storage of Personal Information about him or her, (ii) access to Personal Information about him or her, as well as (iii) copies of the stored Personal Information about him or her by sending the Administrator a notification by email to email address privacy@playcaliber.com with the appropriate request.
The User may change his or her Personal Information at any time by sending a notification to the Administrator via email to the email address privacy@playcaliber.com marked "Change of Personal Information" and indicating the necessary changes.
If Personal Information is disclosed to the Administrator's affiliates and subsidiaries, as well as to third parties outside the European Union or the European Economic Area, the Administrator guarantees an adequate level of protection of Personal Information, including, but not limited to, the implementation by the Administrator's affiliates and subsidiaries and relevant third parties of the European Commission's standard data protection regulations.
The Administrator has the right to make changes to this Privacy Policy without the user's consent.
13. COOKIE POLICY
13.1. This Game uses a web Analytics service provided by Yandex.Metric provided by the company "YANDEX", 119021, Russia, Moscow, St. L. Tolstoy, 16 (“Yandex”).
13.2. Yandex.Metric uses cookies – small text files that are placed on Your computer to analyze the User activity.
13.3. The information collected through cookies may not identify You, but it may help us to improve the operation of our site. Information about Your use of this site collected by cookies will be transmitted to Yandex and stored on a Yandex server in the EU and the Russian Federation. Yandex will process this information to evaluate Your use of the site, compile reports on our site activities for us, and provide other services. Yandex processes this information in accordance with the procedure established in the terms of use of the Yandex.Metric service.
13.4. You can opt out of the use of cookies by selecting the appropriate settings in Your browser. You can also use the tool — https://yandex.ru/support/metrika/general/opt-out.html. However, this may affect some of the site's features. By using the site, You consent to the processing of data about You by Yandex in the manner and for the purposes specified above.
(Version from 22.03.2023)
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE GAME “Caliber”, THE APPLICATION, THE SOFTWARE, OR ANY OF ITS UPDATES, CHANGES OR DLC.
This End User License Agreement (“EULA”) is a public offer (official offer) to an individual/end user and regulates the use of the game “Caliber”, application, software, any updates, changes or DLCs (the “Game”), currently provided or to be provided by the licensor – 1C-777 Limited and/or its affiliates, including those belonging to the same group of companies (“Administrator”).
This EULA is a binding legal agreement between the Administrator and the customers or users (“You” / “User”) of the Game, which grants the User the limited, non-exclusive, non-sublicensable and non-transferable right to use the Game under the terms of the EULA.
By receiving, opening the file package, installing and/or using the Game containing this software, You agree to comply with intellectual property laws and all the terms of this EULA, as well as the below stated Privacy policy and the Rules of Conduct.
The Rules of Conduct are located at playcaliber.com/en/conduct/. The Rules of Conduct are a document describing the rules of participation and conduct for the User, as well as their punishments for violations.
The User has the right to create an account – a User account created by the User and owned by the Administrator, which is a set of data about the User necessary for the User to use the Game in accordance with this EULA, namely: authorization (authentication) of the User in the Game, access to information about the User, settings, game values, statistical indicators and other similar information.
The rights to use the Game are granted to the User by the Administrator under the conditions specified in the EULA.
The Licensor / Administrator does not transfer the right to the name of the Game to You, and the license granted to You under the EULA does not constitute a sale.
If you do not agree to be bound by this EULA, do not install and use the Game; remove the Game from your device.
1. ACCEPTANCE OF THE EULA
1.1 The fact of installing and using the Game is full and unconditional acceptance of the terms of this EULA, the Rules of Conduct of the Game, as well as the Privacy Policy, and this individual is considered as a person who entered into a contractual relationship with the Administrator. From the moment of performance of the actions provided for in this paragraph of this EULA, this EULA is considered to be concluded in writing.
1.2 The User can be any individual who has reached the age of 18 years at the time of installation and use of the Game. Minors have the right to enter into this EULA and use the Game only if the consent of their legal representative is available at the time of installation and use of the Game. Accordingly, the User, by installing and using the Game, confirms his or her full age and legal capacity, and if the User is a minor – the consent of his or her legal representative. At the request of the Administrator, the User informs the Administrator of the personal (passport) data of his or her legal representative, whose consent to sign this EULA was obtained by the User.
2. SUBJECT OF THE EULA
2.1 The Administrator grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to install and/or use the Game for private use for such time until the User or the Administrator terminates this EULA.
2.2 The User shall not directly or indirectly (i) copy, sell, rent, lease, license, distribute, use the Game or any part of it for commercial purposes, and (ii) reverse engineer, decompile, adapt, modify or create derivative works based on the Game; (iii) remove, alter, disable or modify copyright and trademark information or other notices of authorship and origin information, notices or labels contained on or within the Game.
2.3 Except as expressly provided in the EULA, all rights not granted to the User under this EULA are expressly reserved by the Administrator. The Game and all related rights remain the property of the Administrator. The Administrator reserves the sole and exclusive ownership of all rights, titles and interest in and to the Game and all related intellectual property rights.
2.4 The Administrator has the right to, at any time, unilaterally, without warning the User in advance, restrict, expand, modify or otherwise change the game, any of its elements and parts, as well as the key documents.
Modifications to the game and its elements can be done via creation and application of new software parts (patches). Their goal might, for example, be improvements or changes to the gameplay or addition of new data and commands to the Game (features), which can lead to loss of rights to using certain game elements and Rights to unused data and commands. The User understands and accepts that these actions are an intrinsic part of the Game’s development and ongoing functioning, and grants the Administrator their consent to perform them without warning the User in advance.
2.5 Updates, upgrades, patches, and modifications may be necessary in order to be able to continue using the Game on certain hardware.
The EULA does not confer any right or title to the Game and cannot be understood as a transfer of any intellectual property rights to the Game.
2.6 THIS GAME IS LICENSED TO YOU FOR PRIVATE USE, NOT FOR SALE.
2.7 When using the Game, the User undertakes to comply with all applicable laws, rules and regulations and not to use the Game for any illegal purposes.
2.8 Each licensed copy of the Game can be used on one device by one User. Using the Game means that you have downloaded, installed, or run the Game on a computer or similar device. If you install the Game on a multiplayer platform, server, or network, then each individual User of the Game must obtain a license separately.
2.9 The Administrator notifies the User on the site about the installation of the next version of the Game. The User agrees that in order to participate in the Game after installing the next version of the Game, it may be necessary to accept a new end user license agreement and other mandatory documents posted on the site. The User agrees that the installation of updates, patches and fixes might lead to them being unable to use the Game and, as a result, such services as Premium, during installation, without any recompense.
2.10 The User acknowledges and agrees that the Administrator has the right to change this EULA unilaterally, publishing notifications of such changes on the site and/or by email and/or in the Game. The notification is considered received by the User one day after the publication of such notification on the main page or in the news section of the site. The User's continued participation in the Game process means that the User agrees to the amended terms of the EULA.
3. OWNERSHIP OF THE GAME
The User acknowledges that all rights related to the Game and its components (in particular, names, source code, themes, characters, character names, stories, dialogues, locations, concepts, images, photos, animation, videos, music and text contained in the Game), as well as rights related to the trademark, copyrights related to the Game, are the property of the Administrator and are protected by the acts and laws of the Republic of Cyprus and international regulations and other laws, treaties, international laws and agreements related to intellectual property.
4. USING THE GAME
4.1 The Game is a computer program and is a collection of data, commands and audio-visual displays generated by it (“data” and “commands”), activated sequentially for the User to obtain a certain result provided for by the Game scenario, without paying a fee (activated data and commands) or after paying a license fee (non-activated data and commands) (Free-to-play).
4.2 Rights to non-activated data and commands – the rights provided for in this EULA to use data, commands (in particular, in-game currency, premium, other data, commands) and the audio-visual displays of the Game generated by them, activated sequentially for the User to obtain a certain result provided for in the Game scenario, acquired by the User after making the license payment set by the Administrator, at the time of reflection of the corresponding non-activated data and commands in the User account. Rights to non-activated data and commands can be purchased in the Store – the Administrator's resource located at playcaliber.com/store. The amount of the license fee for the Rights to non-activated data and commands is determined by the Administrator and specified in the Store. By purchasing the Rights to non-activated data and commands, the User gets the rights to use the extended functionality of the Game. The Administrator unilaterally determines the types and contents of non-activated data and commands. The term of use of Premium, which is part of the Game, is calculated from the moment of creating an entry about it in the account and is valid until the expiration of the term of validity of Premium set by the Administrator. Payments are made by the User by transferring funds to the Administrator through the payment methods supported by the Administrator. The list of available payment methods is determined by the Administrator unilaterally and is indicated in the Store or in another way.
4.3 The Administrator has the right, at its sole discretion, to determine the territory within which the rights to use the Game are granted in accordance with this EULA.
4.4 The User has the right to use the Game in accordance with the instructions given in the Rules of Conduct.
4.5 The User undertakes not to use third-party software or other means to modify the Game’s files and/or the gameplay in order to gain an advantage over other participants in the gameplay.
4.6 The User undertakes not to sell, distribute, assign, transfer, sublicense or rent the Game to any third parties, as well as the User undertakes to provide relevant information when creating an account and not to transfer the account or access to it to other persons.
4.7 The User may irrevocably transfer all their rights under the EULA to the recipient, provided that the recipient agrees to the terms of the EULA and the User deletes the Game from the User's device. In this case, the User also undertakes to transfer to the recipient all components and documentation related to the Game.
4.8 The User agrees that the Game may contain sound and video effects that, under certain circumstances, may cause an exacerbation of epileptic and other neurological disorders in persons prone to them, and confirms that the User does not suffer from these disorders, and otherwise will not use the Game.
4.9 The User understands and agrees that regular prolonged use of a personal computer or other technical device may cause various health disorders, including visual impairment, scoliosis, various forms of neuroses, and the like. The User guarantees that The User will use the Game exclusively for a reasonable period of time with breaks for rest and prevention of health disorders.
4.10 The User understands and agrees that the User is solely responsible for any materials or other information that the User places in the Game, on the site, in chats or otherwise informs other users or makes available to the public.
4.11 The User agrees that the Game is not a game of chance, a game to win money, a contest or a bet. The acquisition of Rights to non-activated data and commands is the implementation of the User's own will and desire.
4.12 In accordance with the established technical requirements, the User can only use the Game in interactive (online) mode, and therefore the User shall have the Internet connection to use the Game.
4.13 The User has the right to refund the funds deposited for non-activated data and commands in the Game within 14 (fourteen) days from the date of purchase, if such purchased non-activated data and commands have not been used by the User yet and are stored in full as purchased. The funds for the purchase will be fully refunded to You within 10 (ten) days after the refund is approved and transferred to the payment method that You used when purchasing.
5. TERMINATION OF THE LICENSE
5.1 The EULA comes into force from the moment of the first installation or use of the Game by the User.
5.2 The EULA may be automatically terminated by the Administrator without prior notice if the User does not comply with the terms of this EULA. In this case, the User must immediately destroy the Game and delete the Game and any part of it from the User's device.
5.3 The User can terminate the EULA at any time by completely deleting the Game from the User's device.
6. WARRANTY
The Administrator shall provide technical support for the Game.
7. LIMITATION OF WARRANTY
7.1 THE GAME IS PROVIDED "AS IS" AND ”AS AVAILABLE". THE ADMINISTRATOR EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE GAME OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFIED IN ARTICLE 6 OF THE EULA.
7.2 The User expressly acknowledges that they use the Game at their own risk.
7.3 The User is responsible for any costs associated with the repair and/or correction of the Game.
7.4 The Administrator does not guarantee that the Game will be uninterrupted or error-free, that defects will be corrected, or that the Game is free of viruses or other harmful components.
7.5 To the extent permitted by law, the Administrator expressly disclaims any warranties regarding the market value of the Game, the User's satisfaction, or the User's ability to make a particular use.
7.6 The User is responsible for all risks associated with loss of profit, loss of data, errors and loss of business or other information as a result of ownership or use of the Game.
7.7 Since some jurisdictions do not allow the above limitation of warranty, it is possible that it will not apply to the User.
8. LIMITATION OF LIABILITY
8.1 In no event (including, without limitation, in the event of negligence) shall the Administrator, its employees, agents or distributors be liable for any direct, indirect, incidental, special, incidental or other damages arising out of or in connection with this EULA, as a result of the use or inability to use the Game, or as a result of the possession or poor functioning of the Game, even if the Administrator has been advised of the possibility of such damages.
In particular, the Administrator assumes no responsibility for the use of the Game in violation of the precautions for use set out in the user manual of the Game.
Since some jurisdictions do not allow an exemption from liability in the event of direct or incidental damages, it is possible that the above exclusion does not apply to the User.
8.2 The entire responsibility of the Administrator, without exception, is limited to the User's refund of the purchase price of the Game in exchange for the return of the Game, all copies, registration documents and manuals, as well as all materials constituting the transfer of the license from the User back to the Administrator.
8.3 This EULA for the use of the Game grants the User certain rights, and the User may have other rights, depending on the legislation of their country.
9. OTHER PROVISIONS
9.1 This EULA and any disputes, claims or obligations (contractual or non-contractual) arising out of or in connection with it, its subject matter or formation are governed by the laws of the Republic of Cyprus, unless otherwise required by the laws of the country where the User usually resides.
9.2 The User hereby confirms that they have read and understood this EULA, and also agrees that the action to install and use the Game is a confirmation of the User's consent to be bound by the terms of this EULA. The User also acknowledges and agrees that this EULA is the complete and exclusive statement of the agreement between the Administrator and the User.
9.3 This EULA may be changed by the Administrator unilaterally. The changes take effect from the moment they are published on the site. The User may not use the Game if the User does not agree with the changes made to the EULA. In this case, the User may terminate the EULA unilaterally within ten (10) calendar days after posting the publication of changes to the EULA on the Game's site and / or sending a notification by email. In the event of a decision to terminate the EULA, the User is obliged to send the Administrator a notice of termination of the EULA by email. If the User has not expressed a desire to terminate this EULA within the above-mentioned period of ten (10) calendar days, the User is considered to have accepted the terms of this EULA, taking into account the changes made to it.
10. TERMINATION
Any failure to comply with the terms and conditions of this EULA will result in the automatic and immediate termination of this EULA. Upon termination of this EULA and the license granted here for any reason, You agree to immediately stop using the Game and destroy all copies of the Game provided under this EULA. Your financial obligations will remain in effect after the expiration or termination of this EULA.
11. TERM OF THE EULA
This EULA comes into force at the time of acceptance of its terms by the User and is valid for twelve (12) months. The validity of this EULA is automatically extended for every next six (6) months, unless it is terminated at the initiative of one of the Parties by sending a written notice to the other Party at least thirty (30) calendar days before the expiration of the current term of the EULA. In the event of termination of the EULA in the specified order, the Administrator does not refund any funds and does not make any other compensation, including losses of any kind.
12. PRIVACY POLICY
This Privacy Policy (hereinafter referred to as the „Privacy Policy”) applies to all information related directly or indirectly to a specific or identifiable individual (subject of personal data), including personal data within the meaning of applicable law (hereinafter referred to as „Personal Information”) that 1C–777 Limited and/or its affiliates, including those belonging to the same group (Administrator), may receive information about you in the process of using the Game.
Controller of Personal Information in relation to the Game – 1C-777 Limited
Registration address: 32 Kritis Street, Papachristoforou Building, 4 Flor, 3087 Limassol, Cyprus.
This Privacy Policy has been compiled in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (hereinafter – GDPR) and other protection laws data or data confidentiality in the member states of the European Union and determines the procedure for processing Personal Information and measures to ensure the security of Personal Information.
Processing of Personal Information – any action (operation) or a set of actions (operations) performed with or without the use of automation tools with Personal Information, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of Personal information.
Confidentiality of Personal Information is a mandatory requirement for the Administrator or other person who has access to Personal Data to prevent their dissemination without the consent of the subject of Personal Information or the presence of other legal grounds.
Cookies are a small piece of data sent by a web server and stored on the user's computer, which the web client or web browser sends to the web server each time in an HTTP request when trying to open a website page.
Your use of the Game means acceptance of this Privacy Policy and the terms of Processing of Personal Information.
In case of disagreement with the terms of the Privacy Policy, you must stop using the Game.
The Administrator does not verify the accuracy of the Personal Information provided by You.
For any questions regarding this Privacy Policy, our handling of Your data, or our compliance with the requirements of current legislation, please contact our Data Protection Officer at:
Authorized Representative of 1C-777 Limited for User Data protection:
32 Kritis Street, Papakristophorou Building, 4 Flor, 3087 Limassol, Cyprus
(32 Kritis Street, Papachristoforou Building, 4th Floor, 3087 Limassol, Cyprus)
Email: privacy@playcaliber.com
This Privacy Policy establishes the Administrator's obligations to non-disclosure and to ensure the confidentiality of the Personal Information that you provide when registering and using the Game. We may receive your Personal Information when you register and use our other products (for example, gaming forums, chat rooms) or provide feedback about our Game.
The personal information allowed to be processed under this Privacy Policy includes the following information:
• last name, first name, patronymic;
• contact phone number;
• email address (email);
• date of birth.
The Administrator protects the data that is automatically transmitted during the viewing of ad blocks and when visiting the Game:
• IP address;
• information from cookies;
• information about the browser (or other program that provides access to the display of advertising);
• the model of your device and its properties (GPU, graphics card, resolution, etc.);
• access time;
• the address of the page where the ad block is located;
• referrer (address of the previous page).
Only part of the above data is qualified as Personal Information. Anonymous or depersonalized information that we cannot associate with your identity does not belong to the category of Personal Information about you (your data). Some of the data that the Administrator collects is not Personal Information and does not allow us to identify you, and the collection of such data is not intended to identify the user. For example, it can be analytical data on the use of the Game or aggregated data detailing the number or types of devices used for this.
Disabling cookies may result in the inability to access parts of the Game that require authorization.
The Administrator collects statistics about the IP addresses of its visitors. This information is used to identify and solve technical problems, to control the legality of financial payments.
We recognize that we have special obligations to protect children's data. We will not intentionally collect children's data or process it without parental consent. In the context of this Privacy Policy, "child" means any natural person under the age of 18 (or the minimum legal age that allows consent to the collection and processing of data, if the current legislation provides for a different age). If you are a parent or guardian and you believe that we have collected your child's data in violation of the law, please contact us at privacy@playcaliber.com. We will delete this data in accordance with the applicable law.
Information from our partners. In some cases, the Administrator receives your Personal Information as a data processing operator. This means that such data is controlled by our partners, and we use it only in accordance with the instructions of the partners and the requirements of current legislation. We use this data to fulfill our obligations under the End User License Agreement and to improve the quality of the Game, as well as if the processing of this data is necessary for us to fulfill a legal obligation.
Payment partners. When You purchase in-game items, in-game currency, or a time-limited Premium membership with a credit card, we may receive from our payment partners and process part of your credit card number, credit card issuer information, as well as the full billing address.
Advertising partners. In order to provide you with in-game items and/or in-game currency to participate in various loyalty programs, we may also receive information from our partners, such as telecommunications companies, banks, cashback services, travel agencies, etc.
The Administrator may use Personal Information for the purposes of:
- User identification, for placing an order and (or) concluding a Game purchase and sale agreement or a User Agreement.
- Providing the user with access to personalized Game resources.
- Establishing feedback with the user, including sending notifications, requests regarding the use of the Game, the provision of services, processing requests and requests from the user.
- Determining the location of the user to ensure security, fraud prevention.
- Confirmation of the accuracy and completeness of the Personal Information provided by the user.
- Creating an account for making purchases, if the user has agreed to create an account.
- Notifications of the Game user about the order status.
- Processing and receiving payments, confirmation of tax or tax benefits, contesting payment.
- Providing the user with effective customer and technical support in case of problems related to the use of the Game.
- Providing the user with his or her consent, product updates, special offers, pricing information, newsletters and other information on behalf of the Administrator.
- Detection, investigation and prevention of violations of the Rules of Conduct and the User Agreement of the end user.
- Carrying out advertising activities with the consent of the user.
The Administrator processes Personal Information only if you fill out and/or send such information yourself through special forms located in the Game. The Administrator also processes depersonalized data about the user specified in this Privacy Policy, if this is allowed in the user's browser settings (including the saving of cookies and the use of JavaScript technology). The processing of Personal Information is carried out without a time limit, in any legal way, including in information systems with or without the use of automation tools.
The Administrator takes the necessary organizational and technical measures to protect Personal Information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
The User may always refuse to receive informational messages by sending an email to the Administrator privacy@playcaliber.com marked "Refusal of notifications".
The User may withdraw his or her consent to the processing of Personal Information at any time and request the deletion of Personal Information, including by deleting the user's account in the Game, by sending a notification to the Administrator via email to the email address privacy@playcaliber.com marked "Withdrawal of consent to the processing of Personal information".
The User may access Personal Information about him or her at any time, that is, the User has the right to request free provision of (i) information about the storage of Personal Information about him or her, (ii) access to Personal Information about him or her, as well as (iii) copies of the stored Personal Information about him or her by sending the Administrator a notification by email to email address privacy@playcaliber.com with the appropriate request.
The User may change his or her Personal Information at any time by sending a notification to the Administrator via email to the email address privacy@playcaliber.com marked "Change of Personal Information" and indicating the necessary changes.
If Personal Information is disclosed to the Administrator's affiliates and subsidiaries, as well as to third parties outside the European Union or the European Economic Area, the Administrator guarantees an adequate level of protection of Personal Information, including, but not limited to, the implementation by the Administrator's affiliates and subsidiaries and relevant third parties of the European Commission's standard data protection regulations.
The Administrator has the right to make changes to this Privacy Policy without the user's consent.
13. COOKIE POLICY
13.1. This Game uses a web Analytics service provided by Yandex.Metric provided by the company "YANDEX", 119021, Russia, Moscow, St. L. Tolstoy, 16 (“Yandex”).
13.2. Yandex.Metric uses cookies – small text files that are placed on Your computer to analyze the User activity.
13.3. The information collected through cookies may not identify You, but it may help us to improve the operation of our site. Information about Your use of this site collected by cookies will be transmitted to Yandex and stored on a Yandex server in the EU and the Russian Federation. Yandex will process this information to evaluate Your use of the site, compile reports on our site activities for us, and provide other services. Yandex processes this information in accordance with the procedure established in the terms of use of the Yandex.Metric service.
13.4. You can opt out of the use of cookies by selecting the appropriate settings in Your browser. You can also use the tool — https://yandex.ru/support/metrika/general/opt-out.html. However, this may affect some of the site's features. By using the site, You consent to the processing of data about You by Yandex in the manner and for the purposes specified above.