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IF YOU DOWNLOAD, DOWNLOAD, COPY, OR USE GUARDIANS GAMES OR PARTS OF THEM IN ANY OTHER PERMITTED WAY, INCLUDING IF YOU BEGIN TO PARTICIPATE IN THE GAMEPLAY, THEN YOU CONFIRM THAT YOU HAVE FULLY READ, UNDERSTOOD, AGREED TO, AND ACCEPT THE LICENSE AGREEMENT SET OUT BELOW, AGREE TO COMPLY WITH IT, AND ARE RESPONSIBLE FOR ITS VIOLATION.
THE TERMS OF THE LICENSE AGREEMENT AND THE KEY DOCUMENTS LISTED IN PARAGRAPH 2.1 BELOW ARE ESSENTIAL AND BINDING.
This License Agreement (hereinafter referred to as the "Agreement") regulates the relationship between you, the licensee of Guardians Games, based on a non–exclusive license (hereinafter referred to as the "User") and, depending on the specific Game you are playing, the licensor, the relevant Guardians Games company (for more information, see paragraph 1.9 below). The User and Guardians Games can also be individually referred to as "The Party", and collectively as "the Parties".
This Agreement applies to all Guardians Games Games, except in cases where separate legal documents are provided for a particular Game. Unless the context otherwise requires, when using singular terms in this Agreement, the plural is also meant and vice versa.
1. Terms in the Agreement
1.1. Account is a User account created by the User and owned by Guardians Games, which is a collection of User data necessary for the User to use the Game in accordance with this Agreement, namely: authorization (authentication) of the User in the Game, access to User information, settings, game values, statistical indicators and other similar information.
1.2. Game – 1) (Free-to-play) the corresponding online, mobile, console or other video game Guardians Games, which is a computer program and represents a set of data, commands and audio-visual representations generated by it ("data" and "commands") activated sequentially to obtain a certain result by the User, according to the Game scenario, without paying a fee (activated data and commands) or after paying a license fee (inactive data and commands). 2) (Premium) the corresponding Guardians Games online, mobile, console or other video game, which is a computer program and represents a set of data, commands and audio-visual representations generated by it ("data" and "commands"), the right to use which is acquired by the user after payment.
The rights to use the Game are granted to the User by Guardians Games under the conditions set forth in this Agreement.
In order to use the Free-to-play Game within the limits established by this Agreement, the User reproduces the Client part of the Game, which is a collection of data and commands, on his computer (if the client part of the Game is provided with functionality), while the collection of inactive data and commands is hosted by Guardians Games on servers used by the corresponding Game.
The game also includes (but is not limited to): (a) Game Chat, (b) servers, (c) server and other software, (d) applications, (e) Game Website, Game Forum, Premium Store, (f) databases and (g) other Guardians Games resources necessary for the use of the Game under this Agreement.
1.3. The Client part of the Game is the software to be installed on the User's personal computer or other technical device necessary for using the Game, including obtaining rights to use data and commands hosted on the Game's servers, including Rights to inactive data and commands.
1.4. Rights to non–activated data and commands - the rights provided for in this Agreement to use data, commands (in particular, in-game currency, premium equipment, premium account, other data, commands) and the audiovisual representations of the Game generated by them, activated sequentially to obtain a certain result provided by the User of the Game scenario, acquired by the User after payment of the license fee set by Guardians Games.
1.5. The Rules of the Game are a document that sets out the rules for User participation and behavior in individual Games, as well as the User's responsibility for violations. The rules of the Game regarding Odra Online.
1.6. The Rules of the Forum are a document that establishes the rules of User behavior on the official forum of the Game (hereinafter referred to as the "Game Forum"). The rules of the Forum regarding Odra Online.
1.7. The Premium store is a Guardians Games resource through which the User can purchase the Rights to inactive data and commands.
1.8. Game Website – the corresponding Guardians Games website related to the Game and its subdomains.
1.9. Guardians Games and (or) Guardians Games – (a) Individual entrepreneur TIN 420103696785 Sizov Kirill Igorevich, registered at the address: Anzhero-Sudzhensk, Sosnovaya str. 5-104, and (b) in some cases – his authorized representatives, which the User will be notified additionally.
2. Terms of the Agreement
2.1. Required documents. Confidentiality. Before starting to use the Game, the User must read and accept the terms of this Agreement, as well as the terms of the following documents: The Rules of the Game, the Rules of the Forum, the Rules of the User Support Center (hereinafter referred to as "Key Documents" together with this Agreement). In addition, we process User data in accordance with the privacy provisions provided for the Game.
2.2. The moment of conclusion of the Agreement. This Agreement is concluded at the time the User accepts the terms of the Agreement and Key Documents. The actual use of the Game by the User also means acceptance of the terms of the Agreement and Key Documents and is equivalent to the conclusion of this Agreement. The User undertakes to comply with the terms of the Agreement and Key Documents from the moment the Agreement is concluded.
3. Subject of the Agreement
3.1. The rights to use the Game. In accordance with this Agreement, Guardians Games grants the User the right to use the Game to the extent, by means, for the period and within the territory specified in the Agreement, provided that the User complies with the Agreement and Key Documents.
3.2. The procedure for using the rights to the Game. The User has the right to obtain the rights to use: (a) Premium Games — subject to the payment of a license fee set by Guardians Games; (b) Free-to-play Games — free of charge (if no fee is initially set for obtaining the rights to use).
The user also has the right to receive Rights to non-activated data and commands on a paid basis. Unless otherwise initially established by Guardians Games with respect to individual Games, making a license payment is not a prerequisite for the User to use the Game and is carried out by the User for the purpose of obtaining Rights to inactive data and commands.
The scope of the rights granted to the User is defined in section 4 of this Agreement.
3.3. License for inactive data and commands. The User receives the right to use activated and non-activated data and commands under the terms of this Agreement. The User gets the Rights to the inactive data and commands when the corresponding inactive data and commands are reflected in the User's Account. From this moment on, the User gets the rights to use the amount of inactive data and commands displayed on the Account. The amount of the license fee for the Rights to inactive commands and data is determined by Guardians Games.
3.4. Territory. Guardians Games has the right, at its discretion, to determine the territory within which the rights to use the Game are granted in accordance with this Agreement.
4. Limits of Game Usage
4.1. The scope of the User's rights. The User has the right to use the Game within the limits permitted by Guardians Games, including:
4.1.1. To reproduce the Client part of the Game by installing it on a personal computer or other device with the necessary technical characteristics, or in any other acceptable way;
4.1.2. Use the Game for the purposes specified in the Key Documents, in compliance with the terms of the Key Documents, for which the User has the right to: (a) create and delete an Account in accordance with the Agreement; (b) install and delete the Game; (c) use the Game's software features or activated data and commands to achieve a result determined by the Game scenario free of charge (if there is no fee initially set for obtaining the rights and using the Game); (d) obtain the Rights to the inactive data and commands after paying the license fee set by Guardians Games, and use them, among other things, to obtain the result determined by the Game scenario; (e) make changes to the personal settings of the Game provided by Guardians Games, and (f) use the Game in other ways authorized by Guardians Games in this Agreement.
4.2. Restrictions. The User is not allowed to:
4.2.1. Copy, broadcast, distribute, publish and otherwise distribute and reproduce text, graphics, audio or video materials of the Game without the written consent of Guardians Games;
4.2.2. To investigate the program code, decompile, disassemble, modify the Game, its parts and elements, as well as create derivative products based on the Game, its parts and elements without the written consent of Guardians Games;
4.2.3. Translate the Game into other languages without the approval of Guardians Games;
4.2.4. Distribute for commercial or non-commercial purposes the Client part of the Game or its copies, both by distributing on tangible media and by posting on the Internet for access or download by certain persons or an unlimited number of persons;
4.2.5. Distribute, for commercial or non-commercial purposes, activated and/or inactivated data and commands, audiovisual elements, images, and other intellectual property objects present in the Game (except as permitted by Guardians Games);
4.2.6. Transfer the rights in relation to the Game, including the Rights to inactive data and commands, for commercial or non-commercial purposes to third parties, including by transferring an Account, entering into an agreement or otherwise;
4.2.7. Use another User's Account;
4.2.8. Alienate and otherwise transfer your Account, acquire another User's Account, including by exchange or donation;
4.2.9. Use the Game in ways that are not provided for in this Agreement and go beyond the normal gameplay or the use of a computer program.
Violation by the User of the exclusive rights of Guardians Games is the basis for termination of the rights to use the Game, including inactive data and commands.
4.3. Beta testing. If the User receives the rights to participate in the beta testing of the Game, the User acquires the status of a beta tester. Beta testing is conducted solely for the purpose of evaluating the Game's software capabilities and identifying bugs. However, during beta testing, the User is not granted the rights and benefits specified in the Agreement. Guardians Games is not responsible for events occurring during the beta testing process. The User confirms and understands that they are participating in beta testing at their own risk and that the Game may contain errors. Any commands and data can be deactivated and deleted from Accounts at any time during beta testing or after the end of beta testing, except as specified during open beta testing. Guardians Games is not responsible for providing continuous access to the Game during its beta testing period. Any information received by the User during beta testing is confidential and is not subject to disclosure. To participate in beta testing, you must complete the authorization process and participate in person. Access to beta testing may be terminated at any time for violation of this Agreement, Key Documents and other Guardians Games rules. If a beta tester violates the terms of use of the Game during beta testing, Guardians Games may restrict the rights of such person obtained by him under this Agreement with respect to any Game.
5. Conditions and requirements for using the Game
5.1. Legal capacity. The User hereby confirms that he has sufficient legal capacity to conclude this Agreement. If the User is under the age of majority (18 years old) or is fully or partially incapacitated according to the law, the User confirms that he has received the permission of his parents or legal representatives to conclude this Agreement in the form prescribed by law.
5.2. Absence of medical contraindications. The User agrees that the Game may contain sound and video effects that, under certain circumstances, may exacerbate epileptic and other neurological disorders in people prone to them, and confirms that he does not suffer from these disorders, and otherwise will not use the Game.
5.3. Reasonableness of use. The User understands and agrees that regular prolonged exposure to a personal computer or other technical device can cause various health problems, including blurred vision, scoliosis, various forms of neurosis, and the like. The User guarantees that he will use the Game exclusively for a reasonable time with breaks for rest and prevention of health disorders.
5.4. Use of third-party materials. The game may contain links to websites, programs, photos, videos, audio, graphics, and text materials belonging to third parties. The User understands and hereby agrees that the posting of links to third-party websites or materials in the Game and related resources does not mean that Guardians Games supports, approves or recommends these sites or materials. The User uses the websites, software, and materials of third parties solely at his own risk, including during gameplay.
5.5. Legal restrictions. The User is not entitled to use the Games if the legislation of the territory of his location prohibits the use of the Game or establishes other, including age, restrictions on the use of the relevant Games. In this case, the User is responsible for using the relevant Game.
5.6. User's Materials. The User understands and agrees that he is solely responsible for any materials or other information that he posts in the Game, on the Game's Website and Forum, in chat rooms or otherwise communicates to other users or makes publicly available.
5.7. Technical terms of use of the Game:
The client part of the Game. To obtain the right to use the Game, the User, depending on the technical features of the Game, must independently install the Client part of the Game on a personal computer or other device with the necessary technical characteristics, access the Game's Website, or perform other necessary actions. The client part of the Game can be distributed by Guardians Games (directly or indirectly through authorized persons) both via the Internet and on tangible media. Depending on the specific Game, the corresponding Client part of the Game can be distributed over the Internet either free of charge or for a fee.
Internet connection requirement. In accordance with the established technical requirements, the User can use some Games exclusively in an interactive (online) mode, and therefore the User must provide an Internet connection to use the corresponding Game.
Demo account. Guardians Games also allows participation in some Games through a "demo account" ("guest account"). In this case, the User does not receive a separate login and password, and authorization in the Game takes place through a specific technical device (mobile phone, tablet, etc.). When using a "demo account" ("guest account") Guardians Games is not responsible for maintaining the User's gaming progress and acquired Rights to inactive data and commands, as well as for the possibility of using them. Cases in which complete loss is possible
The account and all related valuables, among other things, include: the loss of a technical device, its password, as well as unauthorized changes to the operating system or software.
6. User Responsibilities
6.1. The User is obliged to:
6.1.1. Comply with the terms of Key Documents. If the User does not agree with the current Agreement, the User is obliged to stop using the Game, including to uninstall its Client part.
6.1.2. Use the Game and inactive data and commands exclusively within the limits established by the Agreement.
6.1.3. Provide relevant information when creating an Account.
6.1.4. Independently take measures to ensure the security of the Account and prevent its unauthorized use by third parties. The User undertakes not to disclose or transfer to third parties his data, which can be used to authorize (authenticate) the User in the Game.
6.1.5. Follow the instructions of Guardians Games received individually or collectively in the Game, including the user support center, the Game's Website, the Game's Forum, and other means of communication. Guardians Games has the right to suspend, restrict or terminate this Agreement, access to the Account in case of non-compliance with such instructions.
6.1.6. At the request of Guardians Games, provide or confirm the information necessary to comply with the terms of the Agreement and comply with the law.
6.1.7. To compensate Guardians Games, other users and other third parties for any losses incurred by them in connection with the User's actions, including due to violations of this Agreement, intellectual property rights and other rights.
6.1.8. Immediately inform Guardians Games of any unauthorized Account usage, hacking, or other similar actions.
6.1.9. Comply with other requirements and obligations stipulated in Key Documents.
6.2. The User is not entitled to:
6.2.1. Use automated scripts to collect information or otherwise interact with the Game.
6.2.2. Use other users' information to send unsolicited information (spam).
6.2.3. Post intellectual property objects in the Game without the consent of their copyright holders.
6.2.4. Post personal information of third parties in the Game without their consent, including home addresses, phone numbers and passport data.
6.2.5. Post advertisements, commercial offers, propaganda and any other intrusive information in the Game, except as permitted by Guardians Games.
6.2.6. Post materials in the Game that offend or humiliate the honor and dignity of other users or third parties, as well as links to such materials.
6.2.7. Post and otherwise use obscene, abusive and offensive words and phrases in the Game, including in the User's name (nickname).
6.2.8. Post malicious programs or links to resources that contain or may contain such programs.
6.2.9. Post pornographic or erotic materials in the Game, as well as links to them.
6.2.10. Post threats in the Game, as well as calls for violence and other illegal actions.
6.2.11. Post materials with elements of violence, cruelty, racial, ethnic or interreligious discord in the Game, as well as links to such materials.
6.2.12. Propagandize and display Nazi, extremist, or other equivalent paraphernalia, symbols, and other objects in the Game.
6.2.13. Promote criminal and other illegal activities in the Game, as well as post guides on how to commit illegal actions.
6.2.14. Post any other information in the Game that, in the opinion of Guardians Games, violates the law, norms of morality and ethics, or is undesirable.
6.2.15. Commit criminal and other illegal acts.
7. Rights and Obligations of Guardians Games
7.1. Guardians Games undertakes to:
7.1.1. Provide the User with the opportunity to use the Game on the terms set out in this Agreement, provided that the User complies with the Key Documents.
7.1.2. With respect to Games with a Client Part, provide the User with the opportunity to receive (download) the Client part of the Game from the Game's Website or in any other way permitted by Guardians Games.
7.1.3. If paying a fee is not a prerequisite for using the Game, grant the User the right to use activated data and commands free of charge, unless otherwise provided in this Agreement.
7.1.4. Grant the User the Rights to inactive data and commands, provided that the User pays the license fee set by Guardians Games.
7.1.5. Guardians Games has the right to notify the User of changes to the terms of this Agreement in accordance with clause 11.2.
7.2.:
7.2.1. At any time, without prior notice to the User, unilaterally restrict, expand, supplement, modify or otherwise modify the Game, any of its elements and parts, as well as modify Key Documents.
Modification of the Game and its elements can be carried out by creating and installing new pieces of software (patches). Their purpose may be, for example, to improve or change the gameplay (gameplay) or to add new data and commands ("features") to the Game, which may lead to the termination or suspension of the rights to use certain game elements and Rights to inactive data and commands.
The User understands and hereby acknowledges that these actions are an integral part of the process of creating and operating the Game, and also consents to their commission by Guardians Games without prior notice to the User.
7.2.2. Without prior notice to the User, change, at its discretion, the technical and other characteristics of any part of the Game used by the User, including, but not limited to, activated and inactive commands and data; change Game scenarios, including gameplay changes, etc.
7.2.3. To change or delete any information posted by the User in the Game at any time, including statements and announcements made by the User in chat rooms or on the Game's Forum.
7.2.4. Restrict or terminate the granting of the User's rights to use the Game (including access to the Account) in accordance with this Agreement, in particular, in case of violation by the User of the terms of Key Documents. When exercising this right, Guardians Games is not obligated to provide the User with evidence indicating a violation by the User of the terms of the Agreement, as a result of which the User's access was terminated or restricted.
7.2.5. Make comments, warn, notify, inform Users about non-compliance with the terms of Key Documents. The User must immediately follow the instructions of Guardians Games received during the use of the Game.
7.2.6. At any time, completely terminate the granting of the rights to use the Game, including the Rights to inactive data and commands, subject to the provisions of this Agreement.
7.2.7. At any time, suspend, restrict or terminate this Agreement unilaterally with respect to the Game for any or all users, including if the User fails to comply with the terms of Key Documents.
7.2.8. During the User's use of the Game, to warn, notify, inform about the User's non-compliance with the terms of the license provided, as well as Key Documents, or other terms of this Agreement.
8. Limitation of Liability of Guardians Games
8.1. No responsibility for the actions of the User or third parties. Guardians Games is not responsible for:
8.1.1. Illegal and other actions of the User or third parties that prevent other users from using the Game.
8.1.2. The User's behavior and statements in the Game, including for disrespectful treatment of other users.
8.1.3. Loss by the User of access to the Account created by him, including due to loss of login, password or other necessary information.
8.1.4. Incomplete, inaccurate or incorrect information provided by the User when creating an Account.
8.1.5. The User's lack of Internet access and the quality of Internet service providers' services.
8.1.6. Third-party materials posted in the Game or on third-party websites accessible via links from the Game.
8.2. Lack of guarantees. The User understands and agrees that Guardians Games provides the Game "as is" and makes no guarantees regarding the Game, except as expressly stated in this Agreement or applicable law. Guardians Games does not guarantee that:
8.2.1. The Game will meet the subjective requirements and expectations of the User.
8.2.2. The processes in the Game will proceed continuously, quickly, reliably, without technical failures and errors.
8.2.3. The results that can be obtained by using the Game will be error-free and correct.
8.2.4. The quality of the gameplay, aspects of the Game, inactive data and commands, as well as information obtained during the use of the Game, will meet the User's expectations.
8.2.5. The game will be available for use around the clock, at a certain point in time or for a certain period.
8.3. Limitation of liability. Guardians Games is not responsible for direct or indirect damages, as well as lost profits of the User or third parties as a result:
8.3.1. Use or inability to use the Game.
8.3.2. Statements or behavior of third parties in the Game.
In all circumstances, Guardians Games' liability to the User is limited to the amount of royalties received by Guardians Games from the User until the circumstances that led to the liability of Guardians Games.
8.4. Force majeure and actions of third parties. The Parties are released from liability for full or partial non-fulfillment of obligations under this Agreement, if such non-fulfillment is the result of force majeure (force majeure), including mass riots, prohibitive actions of the authorities, natural disasters, fires, disasters, failures in telecommunications and electrical networks, malware, as well as unfair actions. third parties aimed at obtaining unauthorized access or disabling the software or hardware complex.
9. Rights to inactive data and commands
9.1. General provisions. At the User's request, Guardians Games can grant the User Rights to inactive data and commands.
The inactive data and commands are part of the Game, which the User receives the right to use only in connection with the use of the Game and subject to the payment of the license fee set by Guardians Games. The User has the right to use inactive data and commands within the limits set by Guardians Games. By acquiring the Rights to inactive data and commands, the User gets the rights to use the extended functionality of the Game. Guardians Games unilaterally determines the types and content of inactive data and commands.
The User agrees that the Game is not a gambling game, a money game, a contest or a bet. The acquisition of Rights to inactive data and commands is the realization of the User's own will and desire.
9.2. The period of use of inactive data and commands. The rights to inactive data and commands are considered granted to the User from the moment the User has the opportunity to exercise these rights in the Account. The rights to inactive data and commands are granted to the User for the duration of this Agreement, unless otherwise established by the Agreement or other Key Documents, provided for by the Game scenario, or follows from the nature of the inactive data and commands themselves.
The period of use of a premium account that is part of the Game is calculated from the moment an account entry is created about it and is valid until the expiration date of the premium account set by Guardians Games.
9.3. The amount of the fee. The amount of the fee (license fee for the Rights to non-activated data and commands, as well as license fee for the right to use certain Games, if specifically agreed in advance) is determined unilaterally by Guardians Games and indicated in the Premium Store or in another form, in particular on the Internet pages of payment method operators. In certain cases, the payment method operator may charge a commission in excess of the fee set by Guardians. The User understands and hereby agrees that when making a payment using certain payment methods, the total amount of the fee for the Rights to inactive data and commands, as well as some Games, may differ from the amount of the license fee set by Guardians Games.
The amount of the fee specified by Guardians Games in the Premium store or on other resources can be expressed in two or more currencies. The User understands and hereby agrees that when paying using individual payment methods, the operator of such methods may use a currency exchange rate different from that used by Guardians. As a result, the amount charged to the User may be different from the amount specified by Guardians Games.
The User is granted Rights to inactive data and commands or paid Games only if the User makes the corresponding payment in full. At the same time, until receiving confirmation of payment in full, Guardians Games has the right not to grant the User the Rights to inactive data and commands, as well as paid Games, or to provide them in a limited amount.
The amount of the license fee may be changed unilaterally by Guardians Games at any time without prior notice to the User.
9.4. Payment procedure and methods. Payments are made by the User by transferring funds to Guardians Games through payment methods supported by Guardians Games. The list of available payment methods is determined unilaterally by Guardians Games and is indicated in the Premium Store or in another order.
When making payments, the User undertakes to follow the instructions of the relevant payment methods and the payment rules established by Guardians Games. The rights to inactive data and commands, as well as paid Games, are provided to the User only if they correctly execute payment instructions and comply with the payment rules.
Guardians Games is not responsible for the rejection of the User's payment by the decision of the payment method operator or as a result of an operator error.
Please review the usage rights — they may vary for different products. Unless otherwise specified, the product in any in-game store has the same age category as the game.
The User undertakes to provide reliable information when making payments. The user independently bears all the risks of negative consequences associated with providing incorrect data when making a payment.
If the issuing bank of your card offers services for automatically updating account information, then changes to your bank card data can be automatically entered into the systems of our acquiring banks without your participation. If you do not want your card details to be updated automatically, please contact the issuing bank of your card.
If, upon making a payment, due to a technical error, the User is granted Rights to inactive data and commands or paid Games in an amount that does not correspond to the funds paid, the User is obliged to immediately inform Guardians Games about this. In this case, Guardians Games will make all necessary efforts to grant the User the Rights to non-activated data and commands or paid Games in the amount paid for by the User.
9.5. Payment methods. Regarding the rules and procedures for using payment methods, the User must contact the operators of the payment methods of their choice directly. Guardians Games may, at its discretion and if possible, advise the User on issues related to the use of certain payment methods. However, the User hereby understands and agrees that in most cases, Guardians Games is unable to provide the User with comprehensive explanations regarding the use of payment methods. Regarding the refund of funds paid by the User in error or in violation of the rules of payment methods or legislation, the User must contact the operators of the relevant payment methods directly.
9.6. Consequences of illegal actions when making a payment. The User hereby confirms that he has the right to use the payment methods chosen by him, without violating the rights of third parties and the legislation of the country in which the Game is used or the payment is made.
The User undertakes to compensate Guardians Games, other users and other third parties for all losses incurred by them in connection with the User's misconduct, including the use of funds not belonging to him for payment.
Unless otherwise provided by this Agreement or applicable law, Guardians Games reserves the right to unilaterally suspend or completely terminate this Agreement for any reason, including if Guardians Games has reason to suspect the User of committing illegal actions related to the payment of royalties. At the same time, Guardians Games is not obligated to pay such User any compensation, including reimbursement of money spent, unless otherwise provided by this Agreement or applicable law.
If Guardians Games has reason to believe that the User is committing illegal acts related to the payment of royalties, Guardians Games has the right to transfer relevant information to law enforcement agencies for verification.
9.7. The inadmissibility of acquiring rights from third parties. The rights to use the Games and the Rights to non-activated data and commands can only be granted by Guardians Games, and therefore no offers from third parties (other than those authorized by Guardians Games) to represent the rights to use the Games or the Rights to non-activated data and commands should be considered by the User as offers coming from Guardians Games.
The User is obliged to immediately notify Guardians Games of cases known to him of granting rights to use paid Games or Rights to non-activated data and commands, or receiving related offers from persons not authorized by Guardians Games.
If the User has made a payment to persons not authorized by Guardians Games in violation of this Agreement, the User's claims will not be accepted. Guardians Games does not compensate the funds spent by the User in such circumstances, nor does it grant Rights to non-activated data and commands.
If Guardians Games determines that the User is receiving Rights to non-activated data and commands from third parties not authorized by Guardians Games, Guardians Games has the right, at its sole discretion, to suspend, restrict or terminate this Agreement.
Obtaining by the User the Rights to non-activated data and commands and paid Games from persons not authorized by Guardians Games does not release the User from the obligation to comply with this Agreement and Key Documents. Guardians Games also reserves the right to apply any measures specified in this Agreement and Key Documents. No refund of the payment made by the User is made in such cases.
9.8. Account status tracking. The User is obliged to independently monitor the status of the Account created by him, in particular with regard to the correct display of non-activated data and commands, the rights to which were acquired by the User.
9.9. Termination of the right of use. The User understands and hereby agrees that during the gameplay, the Rights to non-activated data and commands are granted until they are used for their intended purpose, including in connection with the implementation of the Game scenario; expiration of the Rights to non-activated data and commands or a paid Game; suspension or termination of the rights to use the Game in accordance with with an Agreement or for other reasons. Termination of the Rights to non-activated data and commands does not give the User a reason to demand from Guardians Games a refund of the license fee for the Rights to non-activated data and commands, except as provided for in this Agreement and applicable law.
If, as a result of a technical error, malfunction, or User actions, they have obtained Rights to non-activated data and commands or a paid Game without payment, the User undertakes to inform Guardians Games about this and pay the license fee due to Guardians Games if the User has started using them. Guardians Games has the right to eliminate the consequences on its own, without notifying the User and without any compensation, including terminating the granting of Rights to non-activated data and commands by deleting the corresponding non-activated data and commands from the Account.
9.10. Exchange. Guardians Games does not exchange the Rights to inactive data and commands and game elements for other Rights to inactive data and commands, game elements, cash or non-cash money, unless otherwise expressly permitted by the Agreement.
9.11. Reimbursement of expenses. Guardians Games does not reimburse the User for the costs associated with making payments, except as expressly provided for in this Agreement or applicable law.
9.12. Gifts. If such an opportunity is provided by Guardians Games, the User has the right to make gifts to other users of the Game. The rules for giving gifts are provided for in Key Documents and are mandatory to follow.
10. Intellectual Property Rights
10.1. Exclusive right in relation to the Game. The source and object code (including activated and non-activated data and commands), gameplay, user interface, graphics, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content and the content of the Game, as well as any other elements of the Game are or contain intellectual property objects, the exclusive right to which belong to their rightful owners.
The User agrees that any part and any element of the Game, its activated and non-activated data and commands, are an integral part of the Game and are protected by law. Despite the fact that the User is granted the rights to use the Game, the use of the Game itself cannot be regarded as a transfer or assignment of the exclusive right in relation to the Game, its parts and elements, including non-activated data and commands, from Guardians Games to the User.
The User also understands and agrees that all exclusive rights to the localized (translated into the appropriate language) The game belongs to the legitimate copyright holders.
10.2. The exclusive right of the User. The copyrights to the materials posted by the User in the Game belong to the User who created them or to other legitimate copyright holders (hereinafter referred to as "Materials").
10.3. The License for the Materials. The intellectual rights for the gratuitous use of Materials that are objects of intellectual property are transferred to Guardians Games in the form of a non-exclusive license in all countries of the world from the moment the User posts (publishes) these Materials in the Game without a counter obligation to pay royalties or other remuneration and without limitation on the maximum allowable period and territory of use. The intellectual rights to use the Materials under this paragraph include the right to freely use them in any way and in any country in the world, including to publish, distribute, modify, adapt, otherwise process, publish, create derivatives without the obligation to mention the author's name or other counter obligations. The User also undertakes to provide legal grounds for granting Guardians Games intellectual property rights to Materials posted by the User in the Game and owned by other copyright holders.
10.4. Trademarks. Guardians Games trademarks are registered and protected in various jurisdictions around the world. The trademarks of third parties mentioned in the Game belong to their rightful owners.
11. Term of validity, amendment and termination of the Agreement
11.1. The term of the Agreement. This Agreement comes into force upon acceptance of its terms by the User and is valid for twelve (12) months. The validity of this Agreement is automatically extended for every next six (6) months, unless it was terminated on the initiative of one of the Parties by sending a written notification to the other Party at least thirty (30) calendar days before the expiration of the current term of the Agreement. In case of termination of the Agreement in the specified manner, Guardians Games does not refund any funds and does not make other refunds, including damages of any kind.
11.2. Amendment of the Agreement. This Agreement may be changed unilaterally by Guardians Games. The changes will take effect from the moment they are posted on the website or after 10 calendar days from the date of their publication, if this is explicitly stated by Guardians Games.
Using the Game or logging in to the Game after the changes take effect means that the User agrees to such changes. The User is not released from the obligations stipulated in this Agreement, taking into account the changes made to it, if the User has not read the changes in the Agreement.
11.3. The User's disagreement with the changes to the Agreement. The User is not allowed to use the Game if he does not agree with the changes made to the Agreement. In this case, the User may terminate the Agreement unilaterally within ten (10) calendar days after posting the changes to the Agreement on the Game's Website or sending an email notification. In case of a decision to terminate the Agreement, the User is obliged to send Guardians Games a notice of termination by e-mail. If the User has not expressed a desire to terminate this Agreement within the above-mentioned period of ten (10) calendar days, the User is considered to have accepted the terms of this Agreement, taking into account the changes made to it.
After receiving a termination notification from the User, Guardians Games suspends the User's access to the Account. At the same time, Guardians Games does not refund any funds and does not make other refunds, including losses of any kind.
11.4. Termination of the Agreement initiated by Guardians Games. Guardians Games has the right to terminate this Agreement unilaterally and out of court at any time with the termination of the ability to use the Game, including activated and non-activated data and commands, as well as other components of the Game in the following cases:
11.4.1. If the Game is closed. In case of Game closure, Guardians Games is obliged to send a corresponding notification to the User at least ninety (90) calendar days before the Game closure date. At the same time, Guardians Games does not pay any compensation and, among other things, does not reimburse the User for the monetary equivalent of the acquired Rights to non-activated data and commands.
11.4.2. In case of any, including one-time, violation by the User of the terms of this Agreement or Key Documents, as well as the terms of use of other Guardians Games games. In this case, Guardians Games does not refund the User's funds and does not compensate for losses.
11.5. Termination of the Agreement at the initiative of the User. The User has the right at any time, without notifying Guardians Games and without giving reasons, to terminate this Agreement unilaterally out of court by deleting the Account or, if the Game does not provide for the creation and use of an Account, by deleting the Game itself while maintaining the User's obligations and responsibilities that arose before the deletion. In this case, all activated and non-activated data and commands linked to this Account can be deleted without the right to restore. Also, Guardians Games is not obligated to pay any compensation to the User.
11.6. Changes to Key Documents. The User confirms that Guardians Games has the unconditional right to unilaterally change the terms of Key Documents and that such changes are not changes to this Agreement.
12. Final provisions
12.1. Invalidity. If one or more provisions of this Agreement are duly declared invalid in accordance with a court decision that has entered into force, the remaining provisions of this Agreement will remain in force, and the Parties will continue to fulfill their obligations in a manner that best corresponds to the intentions of the Parties at the time of conclusion or amendment of this Agreement.
12.2. Dispute resolution. All disputes between the Parties regarding this Agreement are subject to resolution through correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the Parties through negotiations within thirty (30) calendar days from the date of receipt by the other Party of a written claim, the dispute may be referred by any interested party to the court at the place of registration of Guardians Games in accordance with the procedural and substantive law of the state of registration of Guardians Games, with the exception of conflict of laws rules.
THE TERMS OF THE LICENSE AGREEMENT AND THE KEY DOCUMENTS LISTED IN PARAGRAPH 2.1 BELOW ARE ESSENTIAL AND BINDING.
This License Agreement (hereinafter referred to as the "Agreement") regulates the relationship between you, the licensee of Guardians Games, based on a non–exclusive license (hereinafter referred to as the "User") and, depending on the specific Game you are playing, the licensor, the relevant Guardians Games company (for more information, see paragraph 1.9 below). The User and Guardians Games can also be individually referred to as "The Party", and collectively as "the Parties".
This Agreement applies to all Guardians Games Games, except in cases where separate legal documents are provided for a particular Game. Unless the context otherwise requires, when using singular terms in this Agreement, the plural is also meant and vice versa.
1. Terms in the Agreement
1.1. Account is a User account created by the User and owned by Guardians Games, which is a collection of User data necessary for the User to use the Game in accordance with this Agreement, namely: authorization (authentication) of the User in the Game, access to User information, settings, game values, statistical indicators and other similar information.
1.2. Game – 1) (Free-to-play) the corresponding online, mobile, console or other video game Guardians Games, which is a computer program and represents a set of data, commands and audio-visual representations generated by it ("data" and "commands") activated sequentially to obtain a certain result by the User, according to the Game scenario, without paying a fee (activated data and commands) or after paying a license fee (inactive data and commands). 2) (Premium) the corresponding Guardians Games online, mobile, console or other video game, which is a computer program and represents a set of data, commands and audio-visual representations generated by it ("data" and "commands"), the right to use which is acquired by the user after payment.
The rights to use the Game are granted to the User by Guardians Games under the conditions set forth in this Agreement.
In order to use the Free-to-play Game within the limits established by this Agreement, the User reproduces the Client part of the Game, which is a collection of data and commands, on his computer (if the client part of the Game is provided with functionality), while the collection of inactive data and commands is hosted by Guardians Games on servers used by the corresponding Game.
The game also includes (but is not limited to): (a) Game Chat, (b) servers, (c) server and other software, (d) applications, (e) Game Website, Game Forum, Premium Store, (f) databases and (g) other Guardians Games resources necessary for the use of the Game under this Agreement.
1.3. The Client part of the Game is the software to be installed on the User's personal computer or other technical device necessary for using the Game, including obtaining rights to use data and commands hosted on the Game's servers, including Rights to inactive data and commands.
1.4. Rights to non–activated data and commands - the rights provided for in this Agreement to use data, commands (in particular, in-game currency, premium equipment, premium account, other data, commands) and the audiovisual representations of the Game generated by them, activated sequentially to obtain a certain result provided by the User of the Game scenario, acquired by the User after payment of the license fee set by Guardians Games.
1.5. The Rules of the Game are a document that sets out the rules for User participation and behavior in individual Games, as well as the User's responsibility for violations. The rules of the Game regarding Odra Online.
1.6. The Rules of the Forum are a document that establishes the rules of User behavior on the official forum of the Game (hereinafter referred to as the "Game Forum"). The rules of the Forum regarding Odra Online.
1.7. The Premium store is a Guardians Games resource through which the User can purchase the Rights to inactive data and commands.
1.8. Game Website – the corresponding Guardians Games website related to the Game and its subdomains.
1.9. Guardians Games and (or) Guardians Games – (a) Individual entrepreneur TIN 420103696785 Sizov Kirill Igorevich, registered at the address: Anzhero-Sudzhensk, Sosnovaya str. 5-104, and (b) in some cases – his authorized representatives, which the User will be notified additionally.
2. Terms of the Agreement
2.1. Required documents. Confidentiality. Before starting to use the Game, the User must read and accept the terms of this Agreement, as well as the terms of the following documents: The Rules of the Game, the Rules of the Forum, the Rules of the User Support Center (hereinafter referred to as "Key Documents" together with this Agreement). In addition, we process User data in accordance with the privacy provisions provided for the Game.
2.2. The moment of conclusion of the Agreement. This Agreement is concluded at the time the User accepts the terms of the Agreement and Key Documents. The actual use of the Game by the User also means acceptance of the terms of the Agreement and Key Documents and is equivalent to the conclusion of this Agreement. The User undertakes to comply with the terms of the Agreement and Key Documents from the moment the Agreement is concluded.
3. Subject of the Agreement
3.1. The rights to use the Game. In accordance with this Agreement, Guardians Games grants the User the right to use the Game to the extent, by means, for the period and within the territory specified in the Agreement, provided that the User complies with the Agreement and Key Documents.
3.2. The procedure for using the rights to the Game. The User has the right to obtain the rights to use: (a) Premium Games — subject to the payment of a license fee set by Guardians Games; (b) Free-to-play Games — free of charge (if no fee is initially set for obtaining the rights to use).
The user also has the right to receive Rights to non-activated data and commands on a paid basis. Unless otherwise initially established by Guardians Games with respect to individual Games, making a license payment is not a prerequisite for the User to use the Game and is carried out by the User for the purpose of obtaining Rights to inactive data and commands.
The scope of the rights granted to the User is defined in section 4 of this Agreement.
3.3. License for inactive data and commands. The User receives the right to use activated and non-activated data and commands under the terms of this Agreement. The User gets the Rights to the inactive data and commands when the corresponding inactive data and commands are reflected in the User's Account. From this moment on, the User gets the rights to use the amount of inactive data and commands displayed on the Account. The amount of the license fee for the Rights to inactive commands and data is determined by Guardians Games.
3.4. Territory. Guardians Games has the right, at its discretion, to determine the territory within which the rights to use the Game are granted in accordance with this Agreement.
4. Limits of Game Usage
4.1. The scope of the User's rights. The User has the right to use the Game within the limits permitted by Guardians Games, including:
4.1.1. To reproduce the Client part of the Game by installing it on a personal computer or other device with the necessary technical characteristics, or in any other acceptable way;
4.1.2. Use the Game for the purposes specified in the Key Documents, in compliance with the terms of the Key Documents, for which the User has the right to: (a) create and delete an Account in accordance with the Agreement; (b) install and delete the Game; (c) use the Game's software features or activated data and commands to achieve a result determined by the Game scenario free of charge (if there is no fee initially set for obtaining the rights and using the Game); (d) obtain the Rights to the inactive data and commands after paying the license fee set by Guardians Games, and use them, among other things, to obtain the result determined by the Game scenario; (e) make changes to the personal settings of the Game provided by Guardians Games, and (f) use the Game in other ways authorized by Guardians Games in this Agreement.
4.2. Restrictions. The User is not allowed to:
4.2.1. Copy, broadcast, distribute, publish and otherwise distribute and reproduce text, graphics, audio or video materials of the Game without the written consent of Guardians Games;
4.2.2. To investigate the program code, decompile, disassemble, modify the Game, its parts and elements, as well as create derivative products based on the Game, its parts and elements without the written consent of Guardians Games;
4.2.3. Translate the Game into other languages without the approval of Guardians Games;
4.2.4. Distribute for commercial or non-commercial purposes the Client part of the Game or its copies, both by distributing on tangible media and by posting on the Internet for access or download by certain persons or an unlimited number of persons;
4.2.5. Distribute, for commercial or non-commercial purposes, activated and/or inactivated data and commands, audiovisual elements, images, and other intellectual property objects present in the Game (except as permitted by Guardians Games);
4.2.6. Transfer the rights in relation to the Game, including the Rights to inactive data and commands, for commercial or non-commercial purposes to third parties, including by transferring an Account, entering into an agreement or otherwise;
4.2.7. Use another User's Account;
4.2.8. Alienate and otherwise transfer your Account, acquire another User's Account, including by exchange or donation;
4.2.9. Use the Game in ways that are not provided for in this Agreement and go beyond the normal gameplay or the use of a computer program.
Violation by the User of the exclusive rights of Guardians Games is the basis for termination of the rights to use the Game, including inactive data and commands.
4.3. Beta testing. If the User receives the rights to participate in the beta testing of the Game, the User acquires the status of a beta tester. Beta testing is conducted solely for the purpose of evaluating the Game's software capabilities and identifying bugs. However, during beta testing, the User is not granted the rights and benefits specified in the Agreement. Guardians Games is not responsible for events occurring during the beta testing process. The User confirms and understands that they are participating in beta testing at their own risk and that the Game may contain errors. Any commands and data can be deactivated and deleted from Accounts at any time during beta testing or after the end of beta testing, except as specified during open beta testing. Guardians Games is not responsible for providing continuous access to the Game during its beta testing period. Any information received by the User during beta testing is confidential and is not subject to disclosure. To participate in beta testing, you must complete the authorization process and participate in person. Access to beta testing may be terminated at any time for violation of this Agreement, Key Documents and other Guardians Games rules. If a beta tester violates the terms of use of the Game during beta testing, Guardians Games may restrict the rights of such person obtained by him under this Agreement with respect to any Game.
5. Conditions and requirements for using the Game
5.1. Legal capacity. The User hereby confirms that he has sufficient legal capacity to conclude this Agreement. If the User is under the age of majority (18 years old) or is fully or partially incapacitated according to the law, the User confirms that he has received the permission of his parents or legal representatives to conclude this Agreement in the form prescribed by law.
5.2. Absence of medical contraindications. The User agrees that the Game may contain sound and video effects that, under certain circumstances, may exacerbate epileptic and other neurological disorders in people prone to them, and confirms that he does not suffer from these disorders, and otherwise will not use the Game.
5.3. Reasonableness of use. The User understands and agrees that regular prolonged exposure to a personal computer or other technical device can cause various health problems, including blurred vision, scoliosis, various forms of neurosis, and the like. The User guarantees that he will use the Game exclusively for a reasonable time with breaks for rest and prevention of health disorders.
5.4. Use of third-party materials. The game may contain links to websites, programs, photos, videos, audio, graphics, and text materials belonging to third parties. The User understands and hereby agrees that the posting of links to third-party websites or materials in the Game and related resources does not mean that Guardians Games supports, approves or recommends these sites or materials. The User uses the websites, software, and materials of third parties solely at his own risk, including during gameplay.
5.5. Legal restrictions. The User is not entitled to use the Games if the legislation of the territory of his location prohibits the use of the Game or establishes other, including age, restrictions on the use of the relevant Games. In this case, the User is responsible for using the relevant Game.
5.6. User's Materials. The User understands and agrees that he is solely responsible for any materials or other information that he posts in the Game, on the Game's Website and Forum, in chat rooms or otherwise communicates to other users or makes publicly available.
5.7. Technical terms of use of the Game:
The client part of the Game. To obtain the right to use the Game, the User, depending on the technical features of the Game, must independently install the Client part of the Game on a personal computer or other device with the necessary technical characteristics, access the Game's Website, or perform other necessary actions. The client part of the Game can be distributed by Guardians Games (directly or indirectly through authorized persons) both via the Internet and on tangible media. Depending on the specific Game, the corresponding Client part of the Game can be distributed over the Internet either free of charge or for a fee.
Internet connection requirement. In accordance with the established technical requirements, the User can use some Games exclusively in an interactive (online) mode, and therefore the User must provide an Internet connection to use the corresponding Game.
Demo account. Guardians Games also allows participation in some Games through a "demo account" ("guest account"). In this case, the User does not receive a separate login and password, and authorization in the Game takes place through a specific technical device (mobile phone, tablet, etc.). When using a "demo account" ("guest account") Guardians Games is not responsible for maintaining the User's gaming progress and acquired Rights to inactive data and commands, as well as for the possibility of using them. Cases in which complete loss is possible
The account and all related valuables, among other things, include: the loss of a technical device, its password, as well as unauthorized changes to the operating system or software.
6. User Responsibilities
6.1. The User is obliged to:
6.1.1. Comply with the terms of Key Documents. If the User does not agree with the current Agreement, the User is obliged to stop using the Game, including to uninstall its Client part.
6.1.2. Use the Game and inactive data and commands exclusively within the limits established by the Agreement.
6.1.3. Provide relevant information when creating an Account.
6.1.4. Independently take measures to ensure the security of the Account and prevent its unauthorized use by third parties. The User undertakes not to disclose or transfer to third parties his data, which can be used to authorize (authenticate) the User in the Game.
6.1.5. Follow the instructions of Guardians Games received individually or collectively in the Game, including the user support center, the Game's Website, the Game's Forum, and other means of communication. Guardians Games has the right to suspend, restrict or terminate this Agreement, access to the Account in case of non-compliance with such instructions.
6.1.6. At the request of Guardians Games, provide or confirm the information necessary to comply with the terms of the Agreement and comply with the law.
6.1.7. To compensate Guardians Games, other users and other third parties for any losses incurred by them in connection with the User's actions, including due to violations of this Agreement, intellectual property rights and other rights.
6.1.8. Immediately inform Guardians Games of any unauthorized Account usage, hacking, or other similar actions.
6.1.9. Comply with other requirements and obligations stipulated in Key Documents.
6.2. The User is not entitled to:
6.2.1. Use automated scripts to collect information or otherwise interact with the Game.
6.2.2. Use other users' information to send unsolicited information (spam).
6.2.3. Post intellectual property objects in the Game without the consent of their copyright holders.
6.2.4. Post personal information of third parties in the Game without their consent, including home addresses, phone numbers and passport data.
6.2.5. Post advertisements, commercial offers, propaganda and any other intrusive information in the Game, except as permitted by Guardians Games.
6.2.6. Post materials in the Game that offend or humiliate the honor and dignity of other users or third parties, as well as links to such materials.
6.2.7. Post and otherwise use obscene, abusive and offensive words and phrases in the Game, including in the User's name (nickname).
6.2.8. Post malicious programs or links to resources that contain or may contain such programs.
6.2.9. Post pornographic or erotic materials in the Game, as well as links to them.
6.2.10. Post threats in the Game, as well as calls for violence and other illegal actions.
6.2.11. Post materials with elements of violence, cruelty, racial, ethnic or interreligious discord in the Game, as well as links to such materials.
6.2.12. Propagandize and display Nazi, extremist, or other equivalent paraphernalia, symbols, and other objects in the Game.
6.2.13. Promote criminal and other illegal activities in the Game, as well as post guides on how to commit illegal actions.
6.2.14. Post any other information in the Game that, in the opinion of Guardians Games, violates the law, norms of morality and ethics, or is undesirable.
6.2.15. Commit criminal and other illegal acts.
7. Rights and Obligations of Guardians Games
7.1. Guardians Games undertakes to:
7.1.1. Provide the User with the opportunity to use the Game on the terms set out in this Agreement, provided that the User complies with the Key Documents.
7.1.2. With respect to Games with a Client Part, provide the User with the opportunity to receive (download) the Client part of the Game from the Game's Website or in any other way permitted by Guardians Games.
7.1.3. If paying a fee is not a prerequisite for using the Game, grant the User the right to use activated data and commands free of charge, unless otherwise provided in this Agreement.
7.1.4. Grant the User the Rights to inactive data and commands, provided that the User pays the license fee set by Guardians Games.
7.1.5. Guardians Games has the right to notify the User of changes to the terms of this Agreement in accordance with clause 11.2.
7.2.:
7.2.1. At any time, without prior notice to the User, unilaterally restrict, expand, supplement, modify or otherwise modify the Game, any of its elements and parts, as well as modify Key Documents.
Modification of the Game and its elements can be carried out by creating and installing new pieces of software (patches). Their purpose may be, for example, to improve or change the gameplay (gameplay) or to add new data and commands ("features") to the Game, which may lead to the termination or suspension of the rights to use certain game elements and Rights to inactive data and commands.
The User understands and hereby acknowledges that these actions are an integral part of the process of creating and operating the Game, and also consents to their commission by Guardians Games without prior notice to the User.
7.2.2. Without prior notice to the User, change, at its discretion, the technical and other characteristics of any part of the Game used by the User, including, but not limited to, activated and inactive commands and data; change Game scenarios, including gameplay changes, etc.
7.2.3. To change or delete any information posted by the User in the Game at any time, including statements and announcements made by the User in chat rooms or on the Game's Forum.
7.2.4. Restrict or terminate the granting of the User's rights to use the Game (including access to the Account) in accordance with this Agreement, in particular, in case of violation by the User of the terms of Key Documents. When exercising this right, Guardians Games is not obligated to provide the User with evidence indicating a violation by the User of the terms of the Agreement, as a result of which the User's access was terminated or restricted.
7.2.5. Make comments, warn, notify, inform Users about non-compliance with the terms of Key Documents. The User must immediately follow the instructions of Guardians Games received during the use of the Game.
7.2.6. At any time, completely terminate the granting of the rights to use the Game, including the Rights to inactive data and commands, subject to the provisions of this Agreement.
7.2.7. At any time, suspend, restrict or terminate this Agreement unilaterally with respect to the Game for any or all users, including if the User fails to comply with the terms of Key Documents.
7.2.8. During the User's use of the Game, to warn, notify, inform about the User's non-compliance with the terms of the license provided, as well as Key Documents, or other terms of this Agreement.
8. Limitation of Liability of Guardians Games
8.1. No responsibility for the actions of the User or third parties. Guardians Games is not responsible for:
8.1.1. Illegal and other actions of the User or third parties that prevent other users from using the Game.
8.1.2. The User's behavior and statements in the Game, including for disrespectful treatment of other users.
8.1.3. Loss by the User of access to the Account created by him, including due to loss of login, password or other necessary information.
8.1.4. Incomplete, inaccurate or incorrect information provided by the User when creating an Account.
8.1.5. The User's lack of Internet access and the quality of Internet service providers' services.
8.1.6. Third-party materials posted in the Game or on third-party websites accessible via links from the Game.
8.2. Lack of guarantees. The User understands and agrees that Guardians Games provides the Game "as is" and makes no guarantees regarding the Game, except as expressly stated in this Agreement or applicable law. Guardians Games does not guarantee that:
8.2.1. The Game will meet the subjective requirements and expectations of the User.
8.2.2. The processes in the Game will proceed continuously, quickly, reliably, without technical failures and errors.
8.2.3. The results that can be obtained by using the Game will be error-free and correct.
8.2.4. The quality of the gameplay, aspects of the Game, inactive data and commands, as well as information obtained during the use of the Game, will meet the User's expectations.
8.2.5. The game will be available for use around the clock, at a certain point in time or for a certain period.
8.3. Limitation of liability. Guardians Games is not responsible for direct or indirect damages, as well as lost profits of the User or third parties as a result:
8.3.1. Use or inability to use the Game.
8.3.2. Statements or behavior of third parties in the Game.
In all circumstances, Guardians Games' liability to the User is limited to the amount of royalties received by Guardians Games from the User until the circumstances that led to the liability of Guardians Games.
8.4. Force majeure and actions of third parties. The Parties are released from liability for full or partial non-fulfillment of obligations under this Agreement, if such non-fulfillment is the result of force majeure (force majeure), including mass riots, prohibitive actions of the authorities, natural disasters, fires, disasters, failures in telecommunications and electrical networks, malware, as well as unfair actions. third parties aimed at obtaining unauthorized access or disabling the software or hardware complex.
9. Rights to inactive data and commands
9.1. General provisions. At the User's request, Guardians Games can grant the User Rights to inactive data and commands.
The inactive data and commands are part of the Game, which the User receives the right to use only in connection with the use of the Game and subject to the payment of the license fee set by Guardians Games. The User has the right to use inactive data and commands within the limits set by Guardians Games. By acquiring the Rights to inactive data and commands, the User gets the rights to use the extended functionality of the Game. Guardians Games unilaterally determines the types and content of inactive data and commands.
The User agrees that the Game is not a gambling game, a money game, a contest or a bet. The acquisition of Rights to inactive data and commands is the realization of the User's own will and desire.
9.2. The period of use of inactive data and commands. The rights to inactive data and commands are considered granted to the User from the moment the User has the opportunity to exercise these rights in the Account. The rights to inactive data and commands are granted to the User for the duration of this Agreement, unless otherwise established by the Agreement or other Key Documents, provided for by the Game scenario, or follows from the nature of the inactive data and commands themselves.
The period of use of a premium account that is part of the Game is calculated from the moment an account entry is created about it and is valid until the expiration date of the premium account set by Guardians Games.
9.3. The amount of the fee. The amount of the fee (license fee for the Rights to non-activated data and commands, as well as license fee for the right to use certain Games, if specifically agreed in advance) is determined unilaterally by Guardians Games and indicated in the Premium Store or in another form, in particular on the Internet pages of payment method operators. In certain cases, the payment method operator may charge a commission in excess of the fee set by Guardians. The User understands and hereby agrees that when making a payment using certain payment methods, the total amount of the fee for the Rights to inactive data and commands, as well as some Games, may differ from the amount of the license fee set by Guardians Games.
The amount of the fee specified by Guardians Games in the Premium store or on other resources can be expressed in two or more currencies. The User understands and hereby agrees that when paying using individual payment methods, the operator of such methods may use a currency exchange rate different from that used by Guardians. As a result, the amount charged to the User may be different from the amount specified by Guardians Games.
The User is granted Rights to inactive data and commands or paid Games only if the User makes the corresponding payment in full. At the same time, until receiving confirmation of payment in full, Guardians Games has the right not to grant the User the Rights to inactive data and commands, as well as paid Games, or to provide them in a limited amount.
The amount of the license fee may be changed unilaterally by Guardians Games at any time without prior notice to the User.
9.4. Payment procedure and methods. Payments are made by the User by transferring funds to Guardians Games through payment methods supported by Guardians Games. The list of available payment methods is determined unilaterally by Guardians Games and is indicated in the Premium Store or in another order.
When making payments, the User undertakes to follow the instructions of the relevant payment methods and the payment rules established by Guardians Games. The rights to inactive data and commands, as well as paid Games, are provided to the User only if they correctly execute payment instructions and comply with the payment rules.
Guardians Games is not responsible for the rejection of the User's payment by the decision of the payment method operator or as a result of an operator error.
Please review the usage rights — they may vary for different products. Unless otherwise specified, the product in any in-game store has the same age category as the game.
The User undertakes to provide reliable information when making payments. The user independently bears all the risks of negative consequences associated with providing incorrect data when making a payment.
If the issuing bank of your card offers services for automatically updating account information, then changes to your bank card data can be automatically entered into the systems of our acquiring banks without your participation. If you do not want your card details to be updated automatically, please contact the issuing bank of your card.
If, upon making a payment, due to a technical error, the User is granted Rights to inactive data and commands or paid Games in an amount that does not correspond to the funds paid, the User is obliged to immediately inform Guardians Games about this. In this case, Guardians Games will make all necessary efforts to grant the User the Rights to non-activated data and commands or paid Games in the amount paid for by the User.
9.5. Payment methods. Regarding the rules and procedures for using payment methods, the User must contact the operators of the payment methods of their choice directly. Guardians Games may, at its discretion and if possible, advise the User on issues related to the use of certain payment methods. However, the User hereby understands and agrees that in most cases, Guardians Games is unable to provide the User with comprehensive explanations regarding the use of payment methods. Regarding the refund of funds paid by the User in error or in violation of the rules of payment methods or legislation, the User must contact the operators of the relevant payment methods directly.
9.6. Consequences of illegal actions when making a payment. The User hereby confirms that he has the right to use the payment methods chosen by him, without violating the rights of third parties and the legislation of the country in which the Game is used or the payment is made.
The User undertakes to compensate Guardians Games, other users and other third parties for all losses incurred by them in connection with the User's misconduct, including the use of funds not belonging to him for payment.
Unless otherwise provided by this Agreement or applicable law, Guardians Games reserves the right to unilaterally suspend or completely terminate this Agreement for any reason, including if Guardians Games has reason to suspect the User of committing illegal actions related to the payment of royalties. At the same time, Guardians Games is not obligated to pay such User any compensation, including reimbursement of money spent, unless otherwise provided by this Agreement or applicable law.
If Guardians Games has reason to believe that the User is committing illegal acts related to the payment of royalties, Guardians Games has the right to transfer relevant information to law enforcement agencies for verification.
9.7. The inadmissibility of acquiring rights from third parties. The rights to use the Games and the Rights to non-activated data and commands can only be granted by Guardians Games, and therefore no offers from third parties (other than those authorized by Guardians Games) to represent the rights to use the Games or the Rights to non-activated data and commands should be considered by the User as offers coming from Guardians Games.
The User is obliged to immediately notify Guardians Games of cases known to him of granting rights to use paid Games or Rights to non-activated data and commands, or receiving related offers from persons not authorized by Guardians Games.
If the User has made a payment to persons not authorized by Guardians Games in violation of this Agreement, the User's claims will not be accepted. Guardians Games does not compensate the funds spent by the User in such circumstances, nor does it grant Rights to non-activated data and commands.
If Guardians Games determines that the User is receiving Rights to non-activated data and commands from third parties not authorized by Guardians Games, Guardians Games has the right, at its sole discretion, to suspend, restrict or terminate this Agreement.
Obtaining by the User the Rights to non-activated data and commands and paid Games from persons not authorized by Guardians Games does not release the User from the obligation to comply with this Agreement and Key Documents. Guardians Games also reserves the right to apply any measures specified in this Agreement and Key Documents. No refund of the payment made by the User is made in such cases.
9.8. Account status tracking. The User is obliged to independently monitor the status of the Account created by him, in particular with regard to the correct display of non-activated data and commands, the rights to which were acquired by the User.
9.9. Termination of the right of use. The User understands and hereby agrees that during the gameplay, the Rights to non-activated data and commands are granted until they are used for their intended purpose, including in connection with the implementation of the Game scenario; expiration of the Rights to non-activated data and commands or a paid Game; suspension or termination of the rights to use the Game in accordance with with an Agreement or for other reasons. Termination of the Rights to non-activated data and commands does not give the User a reason to demand from Guardians Games a refund of the license fee for the Rights to non-activated data and commands, except as provided for in this Agreement and applicable law.
If, as a result of a technical error, malfunction, or User actions, they have obtained Rights to non-activated data and commands or a paid Game without payment, the User undertakes to inform Guardians Games about this and pay the license fee due to Guardians Games if the User has started using them. Guardians Games has the right to eliminate the consequences on its own, without notifying the User and without any compensation, including terminating the granting of Rights to non-activated data and commands by deleting the corresponding non-activated data and commands from the Account.
9.10. Exchange. Guardians Games does not exchange the Rights to inactive data and commands and game elements for other Rights to inactive data and commands, game elements, cash or non-cash money, unless otherwise expressly permitted by the Agreement.
9.11. Reimbursement of expenses. Guardians Games does not reimburse the User for the costs associated with making payments, except as expressly provided for in this Agreement or applicable law.
9.12. Gifts. If such an opportunity is provided by Guardians Games, the User has the right to make gifts to other users of the Game. The rules for giving gifts are provided for in Key Documents and are mandatory to follow.
10. Intellectual Property Rights
10.1. Exclusive right in relation to the Game. The source and object code (including activated and non-activated data and commands), gameplay, user interface, graphics, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content and the content of the Game, as well as any other elements of the Game are or contain intellectual property objects, the exclusive right to which belong to their rightful owners.
The User agrees that any part and any element of the Game, its activated and non-activated data and commands, are an integral part of the Game and are protected by law. Despite the fact that the User is granted the rights to use the Game, the use of the Game itself cannot be regarded as a transfer or assignment of the exclusive right in relation to the Game, its parts and elements, including non-activated data and commands, from Guardians Games to the User.
The User also understands and agrees that all exclusive rights to the localized (translated into the appropriate language) The game belongs to the legitimate copyright holders.
10.2. The exclusive right of the User. The copyrights to the materials posted by the User in the Game belong to the User who created them or to other legitimate copyright holders (hereinafter referred to as "Materials").
10.3. The License for the Materials. The intellectual rights for the gratuitous use of Materials that are objects of intellectual property are transferred to Guardians Games in the form of a non-exclusive license in all countries of the world from the moment the User posts (publishes) these Materials in the Game without a counter obligation to pay royalties or other remuneration and without limitation on the maximum allowable period and territory of use. The intellectual rights to use the Materials under this paragraph include the right to freely use them in any way and in any country in the world, including to publish, distribute, modify, adapt, otherwise process, publish, create derivatives without the obligation to mention the author's name or other counter obligations. The User also undertakes to provide legal grounds for granting Guardians Games intellectual property rights to Materials posted by the User in the Game and owned by other copyright holders.
10.4. Trademarks. Guardians Games trademarks are registered and protected in various jurisdictions around the world. The trademarks of third parties mentioned in the Game belong to their rightful owners.
11. Term of validity, amendment and termination of the Agreement
11.1. The term of the Agreement. This Agreement comes into force upon acceptance of its terms by the User and is valid for twelve (12) months. The validity of this Agreement is automatically extended for every next six (6) months, unless it was terminated on the initiative of one of the Parties by sending a written notification to the other Party at least thirty (30) calendar days before the expiration of the current term of the Agreement. In case of termination of the Agreement in the specified manner, Guardians Games does not refund any funds and does not make other refunds, including damages of any kind.
11.2. Amendment of the Agreement. This Agreement may be changed unilaterally by Guardians Games. The changes will take effect from the moment they are posted on the website or after 10 calendar days from the date of their publication, if this is explicitly stated by Guardians Games.
Using the Game or logging in to the Game after the changes take effect means that the User agrees to such changes. The User is not released from the obligations stipulated in this Agreement, taking into account the changes made to it, if the User has not read the changes in the Agreement.
11.3. The User's disagreement with the changes to the Agreement. The User is not allowed to use the Game if he does not agree with the changes made to the Agreement. In this case, the User may terminate the Agreement unilaterally within ten (10) calendar days after posting the changes to the Agreement on the Game's Website or sending an email notification. In case of a decision to terminate the Agreement, the User is obliged to send Guardians Games a notice of termination by e-mail. If the User has not expressed a desire to terminate this Agreement within the above-mentioned period of ten (10) calendar days, the User is considered to have accepted the terms of this Agreement, taking into account the changes made to it.
After receiving a termination notification from the User, Guardians Games suspends the User's access to the Account. At the same time, Guardians Games does not refund any funds and does not make other refunds, including losses of any kind.
11.4. Termination of the Agreement initiated by Guardians Games. Guardians Games has the right to terminate this Agreement unilaterally and out of court at any time with the termination of the ability to use the Game, including activated and non-activated data and commands, as well as other components of the Game in the following cases:
11.4.1. If the Game is closed. In case of Game closure, Guardians Games is obliged to send a corresponding notification to the User at least ninety (90) calendar days before the Game closure date. At the same time, Guardians Games does not pay any compensation and, among other things, does not reimburse the User for the monetary equivalent of the acquired Rights to non-activated data and commands.
11.4.2. In case of any, including one-time, violation by the User of the terms of this Agreement or Key Documents, as well as the terms of use of other Guardians Games games. In this case, Guardians Games does not refund the User's funds and does not compensate for losses.
11.5. Termination of the Agreement at the initiative of the User. The User has the right at any time, without notifying Guardians Games and without giving reasons, to terminate this Agreement unilaterally out of court by deleting the Account or, if the Game does not provide for the creation and use of an Account, by deleting the Game itself while maintaining the User's obligations and responsibilities that arose before the deletion. In this case, all activated and non-activated data and commands linked to this Account can be deleted without the right to restore. Also, Guardians Games is not obligated to pay any compensation to the User.
11.6. Changes to Key Documents. The User confirms that Guardians Games has the unconditional right to unilaterally change the terms of Key Documents and that such changes are not changes to this Agreement.
12. Final provisions
12.1. Invalidity. If one or more provisions of this Agreement are duly declared invalid in accordance with a court decision that has entered into force, the remaining provisions of this Agreement will remain in force, and the Parties will continue to fulfill their obligations in a manner that best corresponds to the intentions of the Parties at the time of conclusion or amendment of this Agreement.
12.2. Dispute resolution. All disputes between the Parties regarding this Agreement are subject to resolution through correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the Parties through negotiations within thirty (30) calendar days from the date of receipt by the other Party of a written claim, the dispute may be referred by any interested party to the court at the place of registration of Guardians Games in accordance with the procedural and substantive law of the state of registration of Guardians Games, with the exception of conflict of laws rules.