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USER AGREEMENT
1. INTRODUCTORY PART
1.1. This user agreement is a legally binding contract between the User and the Owner.
1.2. This user agreement is public, its terms are the same for all persons using the Game.
1.3. By using the Game, the User automatically agrees and accepts the terms of this agreement. This rule is binding for the User. If the User does not agree with the rules of this user agreement, then he is not allowed to use the Game.
1.4. By using the Game and, accordingly, accepting the terms of this Agreement, the User confirms that he is a legal person in accordance with the legislation of his place of residence and confirms that there are no other restrictions (including age restrictions) regarding the use of the Game in the legislation of the User's country. If the User of the Game is a minor or an incapacitated person, then his legal guardian or custodian, legal representative, parents are responsible for the actions of such a person. The Owner has no opportunity and is not obliged to check the legal capacity of the Users and does not check the authenticity of the data provided by the User. It is assumed that the User provides valid data to the Owner. If parents, guardians, custodians or other legal representatives give permission to use the Game to their minor child or person under guardianship or care, then such person agrees to the terms of this Agreement on their behalf and on their own behalf. Such persons acknowledge and agree that they are responsible for all use of the Game by their child/caregiver and that they must exercise the same degree of care as they would for personal use.
1.5. One of the mandatory conditions for the possibility of using the Game may be the User's access to the Internet. The user pays for the software of his computer and access to the Internet independently and at his own expense.
1.6. The User understands and agrees that when using the Game via the Internet or mobile network, his mobile or Internet/roaming provider (operator) may apply rates and tariffs for their services and set appropriate rules. The network operator may prohibit or restrict the download, installation or use of the Game, as a result of which not all functions of the Game may work with the network provider or on the corresponding device. At the same time, we insist on informing the Owner about the relevant situations.
1.7. To use the Game, the User needs certain minimum hardware and software capabilities (including an appropriate Internet connection). The technical requirements for the Game are set out in the description of the Game on the relevant resources in a section such as "system requirements" for the Game. The user is obliged to make sure that he meets such technical requirements before installing/using the Game. The quality of graphics, the number of frames per second and other characteristics of the Game may vary depending on the settings, hardware capabilities and Internet connection of the User.
2. TERMS AND CONCEPTS
2.1. The owner is the person who owns all the exclusive property rights to the Game. The owner of the Game is a natural person-entrepreneur Petrashek Yaroslav Ruslanovych (EIN code 3775504613), who is registered and operates in accordance with the legislation of Ukraine.
2.2. User is any person using the Game.
2.3. The game is the computer game Shattered Void in any of its modifications and versions, which is distributed by the Owner personally or with the help of specialized services, such as Google Play, AppStore, Steam, etc. and which is provided to the User exclusively for personal non-commercial use. The game can be free or paid, depending on the will of the Owner. In any case, downloading the Game is possible exclusively from official game services or other resources on which the Owner has allowed the distribution of the Game. When downloading the Game, a fee provided by the relevant services or the Owner may be charged. The payment methods correspond to the payment methods provided on the Owner's website and/or by third-party platform providers, such as Google Play, Steam, etc.
2.4. Content is any graphic, video, audio, text material, software, components, titles, computer code, files, updates, themes, objects, characters, names, slogans, locations, concept, illustrations, drawings , graphics, images, videos, animations, sounds, music, compositions, sound recordings, audio-visual effects, information, data, documentation, applets, chat logs, character information, gameplay, scenarios, recordings, etc., which are placed in the Game, relate to the Game and/or are created using the Game.
2.5. A donation is an incentive payment made on a voluntary and non-compulsory basis by the User to the Owner at the User's own request. Payment of Donation is carried out using payment systems, by payment to a bank card, current account or any other method not prohibited by current legislation. For payment of a Donation to the Owner, the User receives certain in-game resources (bonuses), the volume and nature of which is determined by the Owner. If the User has not submitted written claims to the Owner within 3 (three) days from the moment of payment of the Donation, it is considered that the User has received the relevant bonuses and has no claims against the Owner.
3. EXTENT OF THE USER'S LICENSE RIGHTS
3.1. After the User accepts the terms of this Agreement, he is granted a personal right (known as a "license") to download, install and use the Game during the term of the license concluded between the User and the Owner.
3.2. The license under this Agreement is:
a) "non-exclusive" (this means that the Owner can grant the same or similar licenses to other persons);
b) "revocable" (this means that the Owner can terminate this license under the circumstances set forth in this Agreement);
c) "personal" (this means that the User has no right to use the Game for any commercial purpose);
d) "license without the right of transfer" (this means that the User has no right to transfer any rights regarding this Agreement to any other person, on the basis of a sublicense agreement or on other grounds);
e) "restricted" (this means that the User has the right to use the Game only for the purposes and in the manner specified in this Agreement);
f) "term" (this means that the license is terminated at the will of the Owner);
g) depending on the User's compliance with the terms of this Agreement.
3.3. The Owner has the right to both suspend and permanently terminate the license (which means restricting the User's access to the Game) in the following cases:
3.3.1. If the User has violated the rules of this Agreement;
3.3.2. If the Owner stops supporting or distributing the Game, or otherwise stops providing access to the Game;
3.3.3. For other reasons provided by this Agreement and/or the law.
3.3.4. At the Owner's own request.
3.4. In case of termination of the License in accordance with the above clauses, as well as on other grounds, the Owner will not have any obligations to the User in the future after the termination of the License.
3.5. Termination of the license at the initiative of the Owner takes effect immediately from the moment of his will.
4. INTELLECTUAL PROPERTY
4.1. The intellectual property rights to the Game or Content belong to the Owner and in any case are not alienated to the User under this Agreement.
4.2. All rights to the Game are protected in accordance with current legislation in the field of intellectual property. The Game, Game Content are protected by copyright, trademarks and other intellectual property laws worldwide.
4.3. The user is prohibited from:
a) copy or download any Game Content or any part thereof (except in the process of proper use for the functioning of the Game);
b) distribute, publicly perform or display, lease, sell, notify, transmit, publish, edit, copy, create and use derivative works, rent, sublicense, make publicly available, decompile, disassemble, reverse engineer development or otherwise make unauthorized use of the Content;
c) use the Content for commercial purposes (i.e. for profit);
d) remove, hide or change notices of copyright, patent rights, trademark rights or other intellectual property rights on the Content;
f) change, translate or modify the source code of the Game.
4.4. The User may not otherwise use, download, print, display, reproduce, publish, license, post, transmit, modify, create derivative works of, modify, reverse engineer, disassemble, adapt, distribute, transfer, sell, purchase or use the Game or its features or components in whole or in part without the prior written permission of the Owner.
4.5. All trademarks, logos and service marks relating to the Game or the Owner are the property of the Owner or their respective third parties. The User may not use these Marks without the prior written consent of the Owner or the consent of such third parties who may own the Marks.
4.6. The User agrees that he can publish his content in the Game at his own will only with the help of technical and instrumental capabilities provided by the Owner and within the limits allowed by the Owner. Any data, text, information, files, graphics, photographs, other multimedia files and their selections (hereinafter "User Content" or "User Content") that is uploaded, posted, sent by e-mail or otherwise published by the User (“Posted”) through the Game, are subject to unlimited commercial, non-commercial and/or advertising use by the Owner (both in part and in full). The user is fully responsible for his content. The Owner is not responsible for any User Content posted by users. The Owner may or may not control User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted as part of the use of the Game. Under no circumstances shall the Owner be liable for any User Content, including, without limitation, errors in the User Content or any loss or damage incurred in connection with the use of the User Content. The Owner has the right to remove any User Content at its sole discretion.
4.7. The Game may allow you to create, modify, or distribute User-generated content (in future referred to as “Generated Content”), as well as publish, upload, or provide access to such content to other users using the Game.
4.8. Generated Content includes, but is not limited to, nicknames, forum posts, chat posts, voice chats, messenger features, profile content, gameplay, artwork, screenshots, music, sounds, recordings, fan art, letsplay and gameplay (videos that containing a description of the game, gameplay and comments), mods, fan web pages and other types of content.
4.9. When the User publishes, downloads the Created Content or provides access to it to other users using the Game, the User grants the Owner a free, non-exclusive, perpetual, irrevocable license, which allows the granting of sublicenses and is valid in all countries of the world, to use, reproduce, modify, create and the use of derivative works, exploitation, distribution, transmission, performance, translation, posting, distribution of the Created Content and providing access to it on any platform, including third-party platforms related to the Game, for the purpose of functioning, distribution, use of the Created content in the Game during the entire term of intellectual property rights.
5. BASIC RULES AND LIMITATIONS
5.1. The user uses the Game at his own peril and risk. The User is not guaranteed that the Game, as well as the internal game features, services and services will function smoothly, continuously and without errors.
5.2. In order to use the Game, the User may need to download and/or install the client part/distribution of the Game, which entails the need to use certain hardware and software, as well as access to the Internet.
5.3. The user does not have the right to:
5.3.1. use the Game for commercial purposes without the prior permission of the Owner;
5.3.2. sell, resell, transfer materials belonging to the Owner for commercial purposes (including game currency, game values or resources, account, etc.);
5.3.3. distribute, publicly perform or publicly display any material belonging to the Owner, except for the normal use of the Game;
5.3.4. change, adapt, modify, improve the Game, the content of the Game or other materials belonging to the copyright holder, or parts thereof;
5.3.5. use software to collect or delete information;
5.3.6. copy, translate, publish, decompile, perform technical analysis, disassemble or convert the Game (the source code of the Game) or attempt to access the source code of the Game to create derivative works based on the source code of the Game or otherwise;
5.4. The User may not download, store, publish, distribute, provide access or otherwise use any information, tools and/or materials that:
5.4.1. contain threats, discredit, insult, disgrace personal or business reputation, or violate the privacy of other Users or third parties;
5.4.2. are vulgar or obscene, contain obscene language or pornographic images and texts or scenes of a sexual nature involving minors;
5.4.3. contain scenes of violence or inhumane treatment of animals;
5.4.4. promote and (or) incite racial, religious, ethnic hatred or enmity, or defend the ideology of fascism, communism or racial supremacy, contain negative statements about any country, people, religion, politics, humiliate national dignity, including on the basis of national origin of political beliefs;
5.4.5. contain violent material;
5.4.6. promote criminal activity or contain advice, instructions or instructions to commit criminal acts;
5.4.7. contain advertising;
5.4.8. contain fraudulent information;
5.4.9. contain personal data, images of third parties without their prior consent, except for cases provided by law;
5.4.10. contain viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers for commercial software products and programs that generate them , passwords and other ways of obtaining unauthorized access to paid resources on the Internet, as well as posting links to such information;
5.4.11. violate the intellectual property rights of the right holder and (or) third parties.
6. PRIVACY POLICY
6.1. The User gives consent to the Owner to collect and process the following information about the User:
6.1.1. Name, surname, patronymic, gender, date of birth, address, phone number, email address, bank details and details, passport details, identification code and other identification details, social network details, username and password.
6.1.2. All correspondence between the Owner and the User, as well as between Users.
6.1.3. Details of transactions relating to the Game.
6.1.4. Details of visits to the Game, including traffic data, log files and other communication data necessary for various operations.
6.1.5. For some actions, the Owner may ask the User to create a username and password or to provide an existing username and password, as well as other information. In addition, the User's browser or client program can transmit to the Game certain information about the geographical location of the computer, etc., accordingly, the Owner can use this information to generate general statistics about the Users, for the purpose of security, ensuring system integrity (preventing hackers attacks, unauthorized access, etc.) or for the purpose of strengthening protection.
6.1.6. Any other data that the User provides to the Owner through the Game.
6.2. The Owner may collect information about the User's computer, including available IP addresses, operating system and browser type, for system administration purposes. These are statistical data about the actions of users on the Internet and they do not identify the user.
6.3. The Owner may process the data contained in the log files and include IP addresses, browser and email client type, Internet service provider, source/referral web page, computer platform type, date and time, user activity (i.e. rating, game statistics, use of game services).
6.4. When using the functionality of the Game, the User's IP address (address of the Internet protocol from which access to the Internet is made) may be stored in the Owner's records. When the User communicates within the Game or uses other features, even during "personal" correspondence, he does so with the understanding that all communication goes through the server and that this data can be viewed and processed.
6.5. The Owner uses industry-standard technologies, such as firewalls, to ensure the security and privacy of the User's personal data. The Owner strongly requests the User not to share confidential or personal information with others. The user should remember that any transfer of information should take place with full awareness of possible risks.
6.6. The Owner processes the User's data in order to properly ensure the functioning and development of the Game.
6.7. The Owner may also process the User's data for other lawful purposes.
6.8. In addition to the above, the purpose of processing the User's data may be:
6.8.1. providing marketing information (including personalized and targeted marketing e-mails) about goods and services that the User requests or that, in the opinion of the Owner, may be of interest to the User - for example, newsletters, advertising, etc.;
6.8.2. to target and personalize marketing messages, offers and advertisements.
6.9. The Owner will store the User's personal data only for as long as it is necessary to achieve the goals set forth in this Agreement.
6.10. The Game may from time to time contain links to third-party websites or services. This Agreement does not apply to these external sites, so please refer to their privacy policies directly. The owner does not control the activities of such websites and is not responsible for their content, privacy policies, or the collection, use or disclosure of any information that those websites may collect.
6.11. The user has the right to object to the processing of his personal data at any time. He can do this by contacting the Owner at the email address specified in the "Contact Information" section of this Agreement. At the same time, the User agrees that such a letter may result in the Owner being prohibited from using the Game by the User.
7. LIABILITY OF THE PARTIES
7.1. By accepting the terms of this Agreement, the User confirms his agreement that he uses the Game at his own peril and risk, and the Owner bears no responsibility for any damages and losses resulting from the use of the Game.
7.2. All disputes and conflicts between Users are resolved by them independently without involving the Owner. If the User has claims against another User as a result of using the Game, the User undertakes to present these claims independently and without the involvement of the Owner, and also releases the Owner from any claims, obligations, compensation for damages, expenses, including legal aid costs incurred as a result of or in connection with such claims.
7.3. Under no circumstances shall the Owner or related third parties be liable for any direct, indirect, punitive, incidental, special, indirect, material or non-material damages that the User may incur in connection with the use of the Game, including damages related to loss of income, lost profits, business interruption, loss of information or data, computer outages, any other third party claim.
7.4. The owner is not responsible for problems in the operation of the Game caused by technical interruptions in the operation of equipment and software.
7.5. The owner is not responsible for posting photos, videos and any other images or other multimedia materials by the User. In the event of a claim or appeal to court by third parties regarding the violation of intellectual property rights, the User is obliged to compensate the Owner for losses and moral damage caused by the User's actions.
7.6. In case of any violation by the User of the terms of this Agreement, the Owner has the right at any time to unilaterally prohibit the User from using the Game.
7.7. The User is responsible to the Owner for non-compliance with the terms of this Agreement.
7.8. The User indemnifies the Owner for any damages incurred in connection with his actions, including, but not limited to, violation of this Agreement, copyright, exclusive or other rights.
7.9. The owner is released from responsibility for full or partial non-fulfillment of obligations under this Agreement, if such non-fulfilment is the result of an irresistible force (force majeure), i.e. extraordinary and unavoidable by the parties under the given conditions of the circumstances, including mass riots, prohibitive actions authorities, natural disasters, fires, disasters, as well as due to failures in telecommunication and energy networks, actions of malicious programs, as well as unscrupulous actions of third parties aimed at unauthorized access or disabling of the software or hardware complex.
7.10. In case of termination/restriction of the User's ability to use the Game, no compensation shall be paid to the User.
7.11. The owner is not responsible for possible failures and interruptions in the operation of the Game and the loss of the User's information.
7.12. The Game may contain scenes and images of a violent or intimate nature that may disturb a vulnerable User. The game may contain flashing lights and images that may induce epileptic seizures. WARNING! If you or someone in your family suffers from epilepsy, consult your doctor before using the Game. If you experience dizziness, changes in vision, twitching of the eyes or muscles, loss of consciousness, disorientation, any involuntary movements or convulsions during the Game, stop use immediately and consult a doctor. If you are sensitive to such content, or if such content is a trigger for you, keep this in mind before you start playing the Game! The Owner is not responsible for the consequences caused to the User's health by using the Game.
7.13. The Owner makes no guarantees and makes no representations as to the accuracy or completeness of the operation of the Game and bears no responsibility for physical injury or material damage of any nature, any unauthorized access or use of security servers and/or any personal and/or financial information, any delays or interruptions of Game sessions, any errors, viruses, trojans and other malicious programs that may have been transmitted by third parties through the Game, any errors that may be contained in published, downloaded, transmitted content, as well as damages of any nature caused by such errors and/or use of such content.
7.14. The total liability of the Owner to the User, in any case, cannot exceed the amount of funds received by the Owner from the User as a result of using the Game.
7.15. The User's rights and obligations under this Agreement may not be assigned to third parties without the written consent of the Owner.
7.16. The Owner has the right to assign his rights and obligations under this Agreement to another person, including his partners, without the written consent of the User.
8. LEGISLATION AND RESOLUTION OF DISPUTES
8.1. This Agreement is governed by and construed in accordance with the laws of Ukraine (the laws of the Owner's country). Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
8.2. A court finding any provision of this Agreement to be invalid or unenforceable shall not invalidate or invalidate other provisions of this Agreement.
8.3. In the event of any dispute relating to the interpretation, enforcement or validity of this Agreement, the Parties will attempt to reach an amicable settlement before initiating any legal proceedings.
9. AMENDMENT TO THE USER AGREEMENT
9.1. The Owner may periodically make changes and additions to this Agreement.
9.2. The Owner has the right to change this Agreement if it deems it necessary, for example, for legal reasons or to reflect actual changes.
9.3. In the case of changes to this Agreement, the Owner publishes the Agreement accordingly on its own website, on the websites of relevant game resource providers, or in an update of the Game. In any case, the User agrees to independently monitor the relevance of the text of the User Agreement on a weekly basis.
9.4. Changes to this Agreement enter into force from the moment of their publication in the ways provided for above.
9.5. By using the Game after renewing the Agreement, the User agrees to all the updated terms of the Agreement.
9.6. If the User does not agree with the changes, he must stop using the Game.
9.7. In addition to the above, in order to ensure the proper operation of the Game, the Owner may periodically publish rules related to the functionality of the Game. Such Rules can be placed in the relevant sections of the Game (menu, settings, manual, FAQ, etc.). Such rules are considered an integral part of this Agreement. By using the Game, the User agrees to these Rules.
9.8. The User understands and agrees that the Game, its concept and functionality may change and develop over time. Therefore, the Owner may at any time require the User to download and install updates to the Game without warning and shall not be liable to the User for this. The User also understands and agrees that any change or update to the Game may change the system specifications required to use the Game. In this case, the User, not the Owner, is responsible for purchasing the necessary additional software or computer hardware in order to have access to the Game. The User acknowledges and agrees that after the release and publication by the Owner of updates for the Game, previous versions of such Game may become unavailable, and the Owner may, at its discretion, stop supporting previous versions of the Game.
10. CONTACT INFORMATION
11.1. If the User has any questions, suggestions or comments related to this Agreement, he can contact the Owner at the e-mail address yyy1505yyy1505@gmail.com
1. INTRODUCTORY PART
1.1. This user agreement is a legally binding contract between the User and the Owner.
1.2. This user agreement is public, its terms are the same for all persons using the Game.
1.3. By using the Game, the User automatically agrees and accepts the terms of this agreement. This rule is binding for the User. If the User does not agree with the rules of this user agreement, then he is not allowed to use the Game.
1.4. By using the Game and, accordingly, accepting the terms of this Agreement, the User confirms that he is a legal person in accordance with the legislation of his place of residence and confirms that there are no other restrictions (including age restrictions) regarding the use of the Game in the legislation of the User's country. If the User of the Game is a minor or an incapacitated person, then his legal guardian or custodian, legal representative, parents are responsible for the actions of such a person. The Owner has no opportunity and is not obliged to check the legal capacity of the Users and does not check the authenticity of the data provided by the User. It is assumed that the User provides valid data to the Owner. If parents, guardians, custodians or other legal representatives give permission to use the Game to their minor child or person under guardianship or care, then such person agrees to the terms of this Agreement on their behalf and on their own behalf. Such persons acknowledge and agree that they are responsible for all use of the Game by their child/caregiver and that they must exercise the same degree of care as they would for personal use.
1.5. One of the mandatory conditions for the possibility of using the Game may be the User's access to the Internet. The user pays for the software of his computer and access to the Internet independently and at his own expense.
1.6. The User understands and agrees that when using the Game via the Internet or mobile network, his mobile or Internet/roaming provider (operator) may apply rates and tariffs for their services and set appropriate rules. The network operator may prohibit or restrict the download, installation or use of the Game, as a result of which not all functions of the Game may work with the network provider or on the corresponding device. At the same time, we insist on informing the Owner about the relevant situations.
1.7. To use the Game, the User needs certain minimum hardware and software capabilities (including an appropriate Internet connection). The technical requirements for the Game are set out in the description of the Game on the relevant resources in a section such as "system requirements" for the Game. The user is obliged to make sure that he meets such technical requirements before installing/using the Game. The quality of graphics, the number of frames per second and other characteristics of the Game may vary depending on the settings, hardware capabilities and Internet connection of the User.
2. TERMS AND CONCEPTS
2.1. The owner is the person who owns all the exclusive property rights to the Game. The owner of the Game is a natural person-entrepreneur Petrashek Yaroslav Ruslanovych (EIN code 3775504613), who is registered and operates in accordance with the legislation of Ukraine.
2.2. User is any person using the Game.
2.3. The game is the computer game Shattered Void in any of its modifications and versions, which is distributed by the Owner personally or with the help of specialized services, such as Google Play, AppStore, Steam, etc. and which is provided to the User exclusively for personal non-commercial use. The game can be free or paid, depending on the will of the Owner. In any case, downloading the Game is possible exclusively from official game services or other resources on which the Owner has allowed the distribution of the Game. When downloading the Game, a fee provided by the relevant services or the Owner may be charged. The payment methods correspond to the payment methods provided on the Owner's website and/or by third-party platform providers, such as Google Play, Steam, etc.
2.4. Content is any graphic, video, audio, text material, software, components, titles, computer code, files, updates, themes, objects, characters, names, slogans, locations, concept, illustrations, drawings , graphics, images, videos, animations, sounds, music, compositions, sound recordings, audio-visual effects, information, data, documentation, applets, chat logs, character information, gameplay, scenarios, recordings, etc., which are placed in the Game, relate to the Game and/or are created using the Game.
2.5. A donation is an incentive payment made on a voluntary and non-compulsory basis by the User to the Owner at the User's own request. Payment of Donation is carried out using payment systems, by payment to a bank card, current account or any other method not prohibited by current legislation. For payment of a Donation to the Owner, the User receives certain in-game resources (bonuses), the volume and nature of which is determined by the Owner. If the User has not submitted written claims to the Owner within 3 (three) days from the moment of payment of the Donation, it is considered that the User has received the relevant bonuses and has no claims against the Owner.
3. EXTENT OF THE USER'S LICENSE RIGHTS
3.1. After the User accepts the terms of this Agreement, he is granted a personal right (known as a "license") to download, install and use the Game during the term of the license concluded between the User and the Owner.
3.2. The license under this Agreement is:
a) "non-exclusive" (this means that the Owner can grant the same or similar licenses to other persons);
b) "revocable" (this means that the Owner can terminate this license under the circumstances set forth in this Agreement);
c) "personal" (this means that the User has no right to use the Game for any commercial purpose);
d) "license without the right of transfer" (this means that the User has no right to transfer any rights regarding this Agreement to any other person, on the basis of a sublicense agreement or on other grounds);
e) "restricted" (this means that the User has the right to use the Game only for the purposes and in the manner specified in this Agreement);
f) "term" (this means that the license is terminated at the will of the Owner);
g) depending on the User's compliance with the terms of this Agreement.
3.3. The Owner has the right to both suspend and permanently terminate the license (which means restricting the User's access to the Game) in the following cases:
3.3.1. If the User has violated the rules of this Agreement;
3.3.2. If the Owner stops supporting or distributing the Game, or otherwise stops providing access to the Game;
3.3.3. For other reasons provided by this Agreement and/or the law.
3.3.4. At the Owner's own request.
3.4. In case of termination of the License in accordance with the above clauses, as well as on other grounds, the Owner will not have any obligations to the User in the future after the termination of the License.
3.5. Termination of the license at the initiative of the Owner takes effect immediately from the moment of his will.
4. INTELLECTUAL PROPERTY
4.1. The intellectual property rights to the Game or Content belong to the Owner and in any case are not alienated to the User under this Agreement.
4.2. All rights to the Game are protected in accordance with current legislation in the field of intellectual property. The Game, Game Content are protected by copyright, trademarks and other intellectual property laws worldwide.
4.3. The user is prohibited from:
a) copy or download any Game Content or any part thereof (except in the process of proper use for the functioning of the Game);
b) distribute, publicly perform or display, lease, sell, notify, transmit, publish, edit, copy, create and use derivative works, rent, sublicense, make publicly available, decompile, disassemble, reverse engineer development or otherwise make unauthorized use of the Content;
c) use the Content for commercial purposes (i.e. for profit);
d) remove, hide or change notices of copyright, patent rights, trademark rights or other intellectual property rights on the Content;
f) change, translate or modify the source code of the Game.
4.4. The User may not otherwise use, download, print, display, reproduce, publish, license, post, transmit, modify, create derivative works of, modify, reverse engineer, disassemble, adapt, distribute, transfer, sell, purchase or use the Game or its features or components in whole or in part without the prior written permission of the Owner.
4.5. All trademarks, logos and service marks relating to the Game or the Owner are the property of the Owner or their respective third parties. The User may not use these Marks without the prior written consent of the Owner or the consent of such third parties who may own the Marks.
4.6. The User agrees that he can publish his content in the Game at his own will only with the help of technical and instrumental capabilities provided by the Owner and within the limits allowed by the Owner. Any data, text, information, files, graphics, photographs, other multimedia files and their selections (hereinafter "User Content" or "User Content") that is uploaded, posted, sent by e-mail or otherwise published by the User (“Posted”) through the Game, are subject to unlimited commercial, non-commercial and/or advertising use by the Owner (both in part and in full). The user is fully responsible for his content. The Owner is not responsible for any User Content posted by users. The Owner may or may not control User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted as part of the use of the Game. Under no circumstances shall the Owner be liable for any User Content, including, without limitation, errors in the User Content or any loss or damage incurred in connection with the use of the User Content. The Owner has the right to remove any User Content at its sole discretion.
4.7. The Game may allow you to create, modify, or distribute User-generated content (in future referred to as “Generated Content”), as well as publish, upload, or provide access to such content to other users using the Game.
4.8. Generated Content includes, but is not limited to, nicknames, forum posts, chat posts, voice chats, messenger features, profile content, gameplay, artwork, screenshots, music, sounds, recordings, fan art, letsplay and gameplay (videos that containing a description of the game, gameplay and comments), mods, fan web pages and other types of content.
4.9. When the User publishes, downloads the Created Content or provides access to it to other users using the Game, the User grants the Owner a free, non-exclusive, perpetual, irrevocable license, which allows the granting of sublicenses and is valid in all countries of the world, to use, reproduce, modify, create and the use of derivative works, exploitation, distribution, transmission, performance, translation, posting, distribution of the Created Content and providing access to it on any platform, including third-party platforms related to the Game, for the purpose of functioning, distribution, use of the Created content in the Game during the entire term of intellectual property rights.
5. BASIC RULES AND LIMITATIONS
5.1. The user uses the Game at his own peril and risk. The User is not guaranteed that the Game, as well as the internal game features, services and services will function smoothly, continuously and without errors.
5.2. In order to use the Game, the User may need to download and/or install the client part/distribution of the Game, which entails the need to use certain hardware and software, as well as access to the Internet.
5.3. The user does not have the right to:
5.3.1. use the Game for commercial purposes without the prior permission of the Owner;
5.3.2. sell, resell, transfer materials belonging to the Owner for commercial purposes (including game currency, game values or resources, account, etc.);
5.3.3. distribute, publicly perform or publicly display any material belonging to the Owner, except for the normal use of the Game;
5.3.4. change, adapt, modify, improve the Game, the content of the Game or other materials belonging to the copyright holder, or parts thereof;
5.3.5. use software to collect or delete information;
5.3.6. copy, translate, publish, decompile, perform technical analysis, disassemble or convert the Game (the source code of the Game) or attempt to access the source code of the Game to create derivative works based on the source code of the Game or otherwise;
5.4. The User may not download, store, publish, distribute, provide access or otherwise use any information, tools and/or materials that:
5.4.1. contain threats, discredit, insult, disgrace personal or business reputation, or violate the privacy of other Users or third parties;
5.4.2. are vulgar or obscene, contain obscene language or pornographic images and texts or scenes of a sexual nature involving minors;
5.4.3. contain scenes of violence or inhumane treatment of animals;
5.4.4. promote and (or) incite racial, religious, ethnic hatred or enmity, or defend the ideology of fascism, communism or racial supremacy, contain negative statements about any country, people, religion, politics, humiliate national dignity, including on the basis of national origin of political beliefs;
5.4.5. contain violent material;
5.4.6. promote criminal activity or contain advice, instructions or instructions to commit criminal acts;
5.4.7. contain advertising;
5.4.8. contain fraudulent information;
5.4.9. contain personal data, images of third parties without their prior consent, except for cases provided by law;
5.4.10. contain viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers for commercial software products and programs that generate them , passwords and other ways of obtaining unauthorized access to paid resources on the Internet, as well as posting links to such information;
5.4.11. violate the intellectual property rights of the right holder and (or) third parties.
6. PRIVACY POLICY
6.1. The User gives consent to the Owner to collect and process the following information about the User:
6.1.1. Name, surname, patronymic, gender, date of birth, address, phone number, email address, bank details and details, passport details, identification code and other identification details, social network details, username and password.
6.1.2. All correspondence between the Owner and the User, as well as between Users.
6.1.3. Details of transactions relating to the Game.
6.1.4. Details of visits to the Game, including traffic data, log files and other communication data necessary for various operations.
6.1.5. For some actions, the Owner may ask the User to create a username and password or to provide an existing username and password, as well as other information. In addition, the User's browser or client program can transmit to the Game certain information about the geographical location of the computer, etc., accordingly, the Owner can use this information to generate general statistics about the Users, for the purpose of security, ensuring system integrity (preventing hackers attacks, unauthorized access, etc.) or for the purpose of strengthening protection.
6.1.6. Any other data that the User provides to the Owner through the Game.
6.2. The Owner may collect information about the User's computer, including available IP addresses, operating system and browser type, for system administration purposes. These are statistical data about the actions of users on the Internet and they do not identify the user.
6.3. The Owner may process the data contained in the log files and include IP addresses, browser and email client type, Internet service provider, source/referral web page, computer platform type, date and time, user activity (i.e. rating, game statistics, use of game services).
6.4. When using the functionality of the Game, the User's IP address (address of the Internet protocol from which access to the Internet is made) may be stored in the Owner's records. When the User communicates within the Game or uses other features, even during "personal" correspondence, he does so with the understanding that all communication goes through the server and that this data can be viewed and processed.
6.5. The Owner uses industry-standard technologies, such as firewalls, to ensure the security and privacy of the User's personal data. The Owner strongly requests the User not to share confidential or personal information with others. The user should remember that any transfer of information should take place with full awareness of possible risks.
6.6. The Owner processes the User's data in order to properly ensure the functioning and development of the Game.
6.7. The Owner may also process the User's data for other lawful purposes.
6.8. In addition to the above, the purpose of processing the User's data may be:
6.8.1. providing marketing information (including personalized and targeted marketing e-mails) about goods and services that the User requests or that, in the opinion of the Owner, may be of interest to the User - for example, newsletters, advertising, etc.;
6.8.2. to target and personalize marketing messages, offers and advertisements.
6.9. The Owner will store the User's personal data only for as long as it is necessary to achieve the goals set forth in this Agreement.
6.10. The Game may from time to time contain links to third-party websites or services. This Agreement does not apply to these external sites, so please refer to their privacy policies directly. The owner does not control the activities of such websites and is not responsible for their content, privacy policies, or the collection, use or disclosure of any information that those websites may collect.
6.11. The user has the right to object to the processing of his personal data at any time. He can do this by contacting the Owner at the email address specified in the "Contact Information" section of this Agreement. At the same time, the User agrees that such a letter may result in the Owner being prohibited from using the Game by the User.
7. LIABILITY OF THE PARTIES
7.1. By accepting the terms of this Agreement, the User confirms his agreement that he uses the Game at his own peril and risk, and the Owner bears no responsibility for any damages and losses resulting from the use of the Game.
7.2. All disputes and conflicts between Users are resolved by them independently without involving the Owner. If the User has claims against another User as a result of using the Game, the User undertakes to present these claims independently and without the involvement of the Owner, and also releases the Owner from any claims, obligations, compensation for damages, expenses, including legal aid costs incurred as a result of or in connection with such claims.
7.3. Under no circumstances shall the Owner or related third parties be liable for any direct, indirect, punitive, incidental, special, indirect, material or non-material damages that the User may incur in connection with the use of the Game, including damages related to loss of income, lost profits, business interruption, loss of information or data, computer outages, any other third party claim.
7.4. The owner is not responsible for problems in the operation of the Game caused by technical interruptions in the operation of equipment and software.
7.5. The owner is not responsible for posting photos, videos and any other images or other multimedia materials by the User. In the event of a claim or appeal to court by third parties regarding the violation of intellectual property rights, the User is obliged to compensate the Owner for losses and moral damage caused by the User's actions.
7.6. In case of any violation by the User of the terms of this Agreement, the Owner has the right at any time to unilaterally prohibit the User from using the Game.
7.7. The User is responsible to the Owner for non-compliance with the terms of this Agreement.
7.8. The User indemnifies the Owner for any damages incurred in connection with his actions, including, but not limited to, violation of this Agreement, copyright, exclusive or other rights.
7.9. The owner is released from responsibility for full or partial non-fulfillment of obligations under this Agreement, if such non-fulfilment is the result of an irresistible force (force majeure), i.e. extraordinary and unavoidable by the parties under the given conditions of the circumstances, including mass riots, prohibitive actions authorities, natural disasters, fires, disasters, as well as due to failures in telecommunication and energy networks, actions of malicious programs, as well as unscrupulous actions of third parties aimed at unauthorized access or disabling of the software or hardware complex.
7.10. In case of termination/restriction of the User's ability to use the Game, no compensation shall be paid to the User.
7.11. The owner is not responsible for possible failures and interruptions in the operation of the Game and the loss of the User's information.
7.12. The Game may contain scenes and images of a violent or intimate nature that may disturb a vulnerable User. The game may contain flashing lights and images that may induce epileptic seizures. WARNING! If you or someone in your family suffers from epilepsy, consult your doctor before using the Game. If you experience dizziness, changes in vision, twitching of the eyes or muscles, loss of consciousness, disorientation, any involuntary movements or convulsions during the Game, stop use immediately and consult a doctor. If you are sensitive to such content, or if such content is a trigger for you, keep this in mind before you start playing the Game! The Owner is not responsible for the consequences caused to the User's health by using the Game.
7.13. The Owner makes no guarantees and makes no representations as to the accuracy or completeness of the operation of the Game and bears no responsibility for physical injury or material damage of any nature, any unauthorized access or use of security servers and/or any personal and/or financial information, any delays or interruptions of Game sessions, any errors, viruses, trojans and other malicious programs that may have been transmitted by third parties through the Game, any errors that may be contained in published, downloaded, transmitted content, as well as damages of any nature caused by such errors and/or use of such content.
7.14. The total liability of the Owner to the User, in any case, cannot exceed the amount of funds received by the Owner from the User as a result of using the Game.
7.15. The User's rights and obligations under this Agreement may not be assigned to third parties without the written consent of the Owner.
7.16. The Owner has the right to assign his rights and obligations under this Agreement to another person, including his partners, without the written consent of the User.
8. LEGISLATION AND RESOLUTION OF DISPUTES
8.1. This Agreement is governed by and construed in accordance with the laws of Ukraine (the laws of the Owner's country). Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
8.2. A court finding any provision of this Agreement to be invalid or unenforceable shall not invalidate or invalidate other provisions of this Agreement.
8.3. In the event of any dispute relating to the interpretation, enforcement or validity of this Agreement, the Parties will attempt to reach an amicable settlement before initiating any legal proceedings.
9. AMENDMENT TO THE USER AGREEMENT
9.1. The Owner may periodically make changes and additions to this Agreement.
9.2. The Owner has the right to change this Agreement if it deems it necessary, for example, for legal reasons or to reflect actual changes.
9.3. In the case of changes to this Agreement, the Owner publishes the Agreement accordingly on its own website, on the websites of relevant game resource providers, or in an update of the Game. In any case, the User agrees to independently monitor the relevance of the text of the User Agreement on a weekly basis.
9.4. Changes to this Agreement enter into force from the moment of their publication in the ways provided for above.
9.5. By using the Game after renewing the Agreement, the User agrees to all the updated terms of the Agreement.
9.6. If the User does not agree with the changes, he must stop using the Game.
9.7. In addition to the above, in order to ensure the proper operation of the Game, the Owner may periodically publish rules related to the functionality of the Game. Such Rules can be placed in the relevant sections of the Game (menu, settings, manual, FAQ, etc.). Such rules are considered an integral part of this Agreement. By using the Game, the User agrees to these Rules.
9.8. The User understands and agrees that the Game, its concept and functionality may change and develop over time. Therefore, the Owner may at any time require the User to download and install updates to the Game without warning and shall not be liable to the User for this. The User also understands and agrees that any change or update to the Game may change the system specifications required to use the Game. In this case, the User, not the Owner, is responsible for purchasing the necessary additional software or computer hardware in order to have access to the Game. The User acknowledges and agrees that after the release and publication by the Owner of updates for the Game, previous versions of such Game may become unavailable, and the Owner may, at its discretion, stop supporting previous versions of the Game.
10. CONTACT INFORMATION
11.1. If the User has any questions, suggestions or comments related to this Agreement, he can contact the Owner at the e-mail address yyy1505yyy1505@gmail.com