| Language: |
You may print a copy of this END USER LICENSE AGREEMENT or any part thereof for your personal reference in the future.
1. ABOUT THIS AGREEMENT
1.1 This End User License Agreement (hereinafter referred to as the "Agreement") is a legally binding contract governing the relationship between Gamirare Inc., registered at Mykoly Vasylenka St, 7, Kyiv, 03124 (hereinafter: “Gamirare,” “we,” “us,” or “our”) and you.
This Agreement applies to our game Trickster Trove, regardless of the form or method through which it was purchased or obtained, including but not limited to game keys or codes (hereinafter: Trickster Trove or the “Game”).
1.2 This Agreement becomes effective between you and us upon your download, installation, or direct use of Trickster Trove, whichever occurs first. If you do not agree to the terms of this Agreement, do not download, install, or use the Game.
1.3 The following documents form an integral part of this Agreement and are mandatory for acceptance in order to download, install, and use the Game:
(a) Fan Content Guidelines (https://gamirare.com/mediakit/rules) – this document outlines the boundaries within which you are free to create content;
(b) Gamirare Inc. Privacy Policy (https://gamirare.com/privacy-policy) – this document details how Gamirare collects, uses, and protects your personal data.
These documents are considered part of this Agreement and may be updated from time to time. Additionally, depending on the platform through which the Game is distributed, you may also be required to accept and comply with that platform’s own terms and conditions.
2. HEALTH, AGE, WARNINGS, AND CONTENT RESTRICTIONS
2.1 Photosensitivity / Seizure Warning.
A very small percentage of individuals may experience epileptic seizures or loss of consciousness when exposed to certain visual stimuli, including flashing lights or specific light patterns. If you experience any of the following symptoms while playing the Game, immediately stop playing and consult a doctor before resuming: memory loss, seizures, nausea, visual disturbances, eye or muscle twitching, jerking or trembling of arms or legs, loss of consciousness, disorientation, confusion, any involuntary movements or convulsions.
2.2 Age Rating.
Trickster Trove is subject to a minimum age rating, which may vary depending on your country or region and which will be made available to you at the time of purchase. You may only play Trickster Trove if you meet the applicable minimum age requirement. Based on your age, you fall into one of the following categories:
18 years of age or older (or the legal age of majority in your jurisdiction): You may use the Game after accepting the entirety of this Agreement.
Under 18 years of age (or under the legal age of majority in your jurisdiction): You are not permitted to download, play, or otherwise use Trickster Trove.
2.3 Content Warning.
Trickster Trove contains depictions of violence, blood, gore, and the use of narcotic substances, which may be disturbing to some individuals. If you are sensitive to such content or it may provoke a strong emotional response, please consider this before playing the Game.
2.4 In-Game Communication.
The Game includes voice and text chat functionalities. Users are expected to adhere to generally accepted standards of online conduct and refrain from racism, harassment, xenophobia, sexism, discrimination, defamation, insults, or any behavior that is unlawful or offensive.
3. USE OF TRICKSTER TROVE
3.1 Gamirare grants you a personal, limited, revocable, non-exclusive, and non-transferable license to display, access, download, install, use, and play Trickster Trove on your personal computer and/or other devices or platforms explicitly authorized by Gamirare for this purpose and for which the Game has been legitimately acquired.
This license is granted solely for your personal use and does not confer any ownership rights in Trickster Trove. You may not transfer (including by sublicense), gift, or otherwise assign the Game to any third party, nor may you use Trickster Trove for any commercial purposes.
4. MINIMUM SYSTEM REQUIREMENTS AND CONTINUOUS MONITORING
4.1 Trickster Trove has minimum system requirements that vary depending on your device, system, or platform. These requirements are available for review on the Game’s store page in the applicable digital storefront. Before purchasing the Game, you must ensure that your device meets these minimum system requirements.
4.2 In order to improve Trickster Trove and your gameplay experience, prevent activities prohibited under this Agreement, safeguard the integrity of Trickster Trove, and enforce the terms of this Agreement when necessary, we may collect and store general gameplay data, error reports, statistics, and information gathered through distribution platforms. Additional details regarding such practices can be found in our Privacy Policy.
5. ONLINE SERVICES
5.1 Features of the Game are designed to be used in conjunction with the Online Services; and the User acknowledges that those features will not function properly in the absence of access to the Online Services.
5.2 You are responsible for arranging and maintaining an internet connection sufficient for access to the Online Services, and for paying all associated fees.
5.3 Gamirare shall use reasonable endeavours to maintain the availability of the Online Services during the relevant period, but does not guarantee 100% availability. In particular, the Online Services may be unavailable as a result of Updates, scheduled maintenance, emergency maintenance, unanticipated resource requirements, hardware failures, software failures, service provider failures or Force Majeure Events.
5.4 The User must ensure that its use of the Online Services is not excessive (including with respect to bandwidth, processor utilisation and storage) and does not have a material negative effect upon the use of the Online Services by others.
6. PATCHES, UPDATES, AND CHANGES
6.1 Trickster Trove is provided on an "as currently available" basis, which means the Game may contain flaws or bugs that could occasionally lead to critical errors. While we make reasonable efforts to prevent such issues, no software is perfect. Game support may not always be available and may be discontinued at any time.
6.2 Gamirare reserves the right (but is not obligated) to release patches, updates, or make any changes to Trickster Trove (including adding or removing content, fixing bugs, or adjusting in-game balance). Such patches or changes may be delivered as mandatory and/or automatic updates. If you do not install such an update, your continued use of the Game may become impossible, and you accept this as part of your agreement to these terms.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Trickster Trove, including all of its structural components—such as, but not limited to, visual elements, characters, storylines, artwork, animations, designs, assets, music, sound effects, dialogues, graphics, computer code, user interface, visual and operational style, game mechanics, gameplay, audiovisual elements, text content, layouts, databases, data, and other materials—along with any associated intellectual property rights (as defined below) and all other legal and exploitation rights related thereto, are either owned by Gamirare Inc. or properly licensed to us by third parties. All rights in and to Trickster Trove are reserved at all times, except where explicitly stated otherwise in this Agreement. You are not entitled to use or exploit any part of Trickster Trove in any manner except as expressly permitted by this Agreement or in accordance with the Fan Content Guidelines. Trickster Trove and all associated intellectual property rights are protected by copyright, trademark, and other intellectual property laws and protections worldwide. “Intellectual Property Rights” means all existing and future worldwide rights in and to: copyrights, trademarks, service marks, logos, trade dress, goodwill, trade names, brand names, domain names, business names, design rights, database rights, character rights, patents, invention rights, know-how, trade secrets and confidential information, rights in and to software (including source code and object code), moral rights, authorship rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing rights, rental, lending, and transmission rights, and any other intellectual property rights or rights of a similar or corresponding nature—whether currently existing or arising in the future, whether registered or unregistered—including all approved applications and pending applications for registration, divisionals, continuations, reissues, renewals, extensions, restorations, and cancellations related to any of the foregoing.
This section shall survive the termination of this Agreement.
8. TERMS OF USE
8.1 You are not granted a license for commercial use of Trickster Trove. You are only granted a license for personal use, unless otherwise specified in any section of this Agreement for specific purposes.
8.2 You are prohibited from copying, renting, purchasing, selling, lending, sharing, transferring, sublicensing, distributing, publishing, or publicly broadcasting Trickster Trove or any of your rights granted under this Agreement, unless explicitly permitted herein.
8.3 You are prohibited from creating, using, licensing, sublicensing, making available, and/or distributing any form of cheats that may be used in connection with Trickster Trove. "Cheats" include, but are not limited to: exploits, automation software, bots, hacks, spiders, spyware, scripts, trainers, data-mining tools, or any other software intended to interact with or affect Trickster Trove in any way not authorized by Gamirare Inc., including any unauthorized third-party software that collects information by reading memory locations used by Trickster Trove to store data.
8.4 You are prohibited from modifying, merging, distributing, translating, reverse engineering, or attempting to access the source code of, decompile, or disassemble Trickster Trove, except where such actions are expressly permitted under applicable law.
8.5 You are prohibited from disrupting or interfering with Gamirare Inc.’s customer service or technical support operations, or from impersonating a Gamirare representative.
8.6 You are prohibited from intercepting, extracting, or otherwise collecting personal data, confidential information, or any other data from Trickster Trove.
8.7 You are prohibited from maliciously interfering with, disrupting, or gaining unauthorized access to restricted areas of networks, software, or servers owned by us or third parties. This includes but is not limited to methods such as tunneling, code injection or insertion, denial-of-service attacks, software modification or alteration, use of any other software in conjunction with our software, protocol emulation, or the creation or use of private servers or similar services related to Gamirare or the Game.
8.8 You are prohibited from engaging in any activity that may infringe upon Gamirare’s copyrights, trademarks, patents, trade secrets, rights of privacy, rights of publicity, or any other proprietary rights.
8.9 You are prohibited from uploading any files that contain malicious code, including but not limited to viruses, spyware, trojan horses, worms, time bombs, intentionally corrupted data, or any other files containing harmful code that may damage or interfere with the operation of Trickster Trove in any way.
8.10 You are prohibited from using the Game in any manner that involves racism, harassment, xenophobia, sexism, discrimination, defamation, insults, or any activity that is unlawful. You are also prohibited from creating any content related to Trickster Trove that exhibits any of the aforementioned characteristics.
8.11 You are prohibited from removing any proprietary notices or labels contained within the Game.
8.12 You are required to comply with all applicable laws and regulations when using Trickster Trove.
This section shall survive the termination of this Agreement.
9. FAN-CREATED CONTENT
Please refer to our Fan Content Guidelines to better understand the types of content based on Trickster Trove that you are permitted to create, as well as the limitations and restrictions that apply to such creations.
10. FEEDBACK (BUG REPORTS)
10.1 Gamirare values community feedback. If you have any helpful thoughts or suggestions you wish to share, we would be happy to receive your message at support@gamirare.com. If your suggestions are implemented in any form within the Game, please note that we are under no obligation to provide you with any form of compensation (monetary or otherwise).
10.2 If a critical error occurs during your gameplay session, Gamirare may request that you submit crash data in order to improve the source code, enhance the gameplay experience, and reduce the frequency of such crashes. Submitting bug reports is not mandatory, and such reports may, in some cases, contain personal data. For more information on the type of data that may be included in such reports, please refer to our Privacy Policy.
11. THIRD-PARTY CONTENT
11.1 Within Trickster Trove, we may provide you with hyperlinks to external websites owned by third parties. Additionally, you may access the Game through various devices, systems, or platforms. The decision to use any of these is made at your sole discretion, and we make no guarantees regarding their functionality, quality, or whether access to them will be free of charge.
Furthermore, such devices, systems, and platforms may be governed by their own separate terms of use, which may differ from those outlined in this Agreement. We strongly recommend that you review any applicable legal documentation before engaging with them.
12. WARRANTIES AND REPRESENTATIONS
12.1 Gamirare’s Warranty. We warrant that we have the legal right to enter into this Agreement and to grant you a license to use Trickster Trove for personal entertainment purposes.
12.2 Your Warranties and Representations. You represent and warrant that you have the authority and capacity to enter into this Agreement and that you will comply with all of its provisions.
13. LIABILITY
13.1 Unless expressly stated otherwise in this Agreement, Gamirare, its affiliated or partner companies, and its licensors disclaim all express or implied warranties and representations regarding the Game. Trickster Trove is provided to you "as is", without any express or implied warranties or representations, and we shall not be liable for any loss or damage arising from your use of, or inability to use, the Game. Your use of Trickster Trove is entirely at your own risk.
To the fullest extent permitted under applicable law, we disclaim all warranties, express or implied, relating to Trickster Trove, including but not limited to: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, warranties arising from the course of dealing or usage of trade, absence of viruses, errors or defects, and/or any warranties regarding the accuracy, legality, reliability, or quality of any content or information contained within Trickster Trove.
Gamirare expressly makes no warranty that Trickster Trove will operate uninterrupted or error-free, that any defects will be corrected, or that the Game will be free of viruses or other harmful components.
13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gamirare AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, COSTS OR FEES, LOSS OF DATA, DAMAGE TO OR LOSS OF INFORMATION, LOSS OF BUSINESS OPPORTUNITIES, OR FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, BREACH OF CONTRACT, BREACH OF WARRANTY OR STRICT LIABILITY), MISREPRESENTATION, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEVANT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Gamirare AND ITS LICENSORS TO YOU IN CONNECTION WITH TRICKSTER TROVE OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU HAVE DIRECTLY PAID TO US (IF ANY), REGARDLESS OF THE BASIS OF YOUR CLAIM(S). THIS LIMITATION CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THIS AGREEMENT.
13.3 You agree to indemnify, defend, and hold harmless Gamirare and its licensors from and against any damages, liabilities, claims, and expenses, including legal fees, arising from or related to:
any alleged or actual breach of this Agreement by you;
your use of Trickster Trove or the use of Trickster Trove by any person acting on your behalf or in your place (whether intentional or not);
any infringement of the intellectual property rights of Gamirare or its licensors.
In the event any claims are brought against us, you are obligated to fully cooperate with Gamirare, and we reserve the right to assume control of the defense. You may not settle any such claim, in whole or in part, without our prior written consent.
13.4 By accepting this Agreement, you acknowledge that any damage or loss you may suffer is not irreparable, and that adequate and sufficient remedies exist other than resorting to court proceedings. You agree that you have no right to initiate legal action against Gamirare or its licensors.
This section shall survive the termination of this Agreement.
14. TERMINATION
14.1 You may terminate this Agreement at any time by ceasing to use Trickster Trove. Such termination shall not affect any rights or obligations, either yours or ours, that have accrued up to the date of termination.
14.2 Gamirare may suspend or terminate this Agreement and your access to Trickster Trove if you commit a material breach of any provision of this Agreement. If we choose to suspend or terminate this Agreement and your access to the Game under this clause, we shall bear no liability and have no obligations to you as a result of such action.
14.3 In the event Gamirare, for any reason, decides to permanently discontinue access to Trickster Trove—either in general or on a specific platform—Gamirare may provide at least ninety (90) days’ notice using reasonable means available at the time. Such discontinuation of service shall not give rise to any liability or obligation toward you.
15. FORCE MAJEURE
Neither party shall be held liable to the other, in whole or in part, for any failure or delay in the performance of its obligations under this Agreement due to the occurrence of a force majeure event.
“Force majeure” refers to any circumstances that prevent a party from fulfilling any or all of its obligations, which arise from or are caused by acts, events, omissions, or accidents beyond the party’s reasonable control and which the party is unable to prevent. Force majeure events include, but are not limited to: strikes, lockouts, or other industrial disputes; nuclear accidents or natural disasters; wars or terrorist acts; riots, civil unrest, malicious attacks; compliance with any laws, governmental regulations, rules, orders, or directives; failures by utility or internet service providers; system outages; hacking; denial of service or other cyberattacks; the use of malicious software or similar technologies; pandemics (such as COVID-19); fire, floods, or storms; and failure by suppliers or subcontractors to fulfill their obligations.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of Ukraine, excluding its conflict of law rules and/or jurisprudence. The exclusive venue for all legal proceedings relating to or arising from this Agreement and/or the Game shall be within Ukraine, and you agree to submit to the jurisdiction of the courts of Ukraine for the resolution of any such claims or legal disputes. The prevailing party in any dispute arising under this Agreement shall be entitled to recover its legal costs and fees.
16.2 If you experience an issue related to us, we believe it can be resolved promptly. Please contact us at support@gamirare.com.
16.3 You and Gamirare agree to make reasonable and good faith efforts to resolve any dispute between us without the involvement of third parties. The initial resolution period shall be thirty (30) days, extendable up to sixty (60) days in the event of unforeseen circumstances.
If you intend to file a claim against Gamirare, you must send a physical copy to the following address:
Mykoly Vasylenka St, 7, Kyiv, 03124, Ukraine,
and an electronic copy to: legal@gamirare.com.
16.4 Class Action Waiver.
To the maximum extent permitted by applicable national or state law, you agree not to bring or participate in any class action, representative action, or collective arbitration under any circumstances. This means that (to the fullest extent permitted by law):
no arbitration may be combined with another;
there is no right or authority for any dispute to be arbitrated on a class-action basis or to use class-action procedures; and
there is no right or authority for any dispute to be brought in a representative capacity on behalf of the general public or any other persons.
If any portion of this Agreement regarding the waiver of class or representative actions or collective arbitration is found to be unlawful or unenforceable, that provision shall be deemed severed, and the entire clause shall be deemed void. In such a case, any claim or dispute must be resolved in a court of law.
This section shall survive the termination of this Agreement.
16.5 If you reside in a country within the European Union, you may have the right to submit a complaint via the Online Dispute Resolution Platform operated by the European Commission. For more information, please visit:
https://ec.europa.eu/consumers/odr/
17. GENERAL PROVISIONS
17.1 If any provision of this Agreement is or becomes invalid, the remaining provisions shall remain in full force and effect. Gamirare may, at its sole discretion, replace any invalid provision with one that most closely reflects the intent of the original.
17.2 This Agreement governs the relationship between you and us only, and does not create any rights for third parties, unless explicitly stated otherwise herein.
17.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to Trickster Trove or this Agreement.
17.4 Gamirare reserves the right, at any time and at its sole discretion, to assign or transfer (including by subcontract) this Agreement to a third party.
17.5 No delay or failure by Gamirare to exercise any right or remedy provided under this Agreement or applicable law shall constitute a waiver of such right or remedy. Nor shall it prevent or restrict us from exercising such right or remedy at a later time, unless explicitly stated otherwise in this Agreement.
17.6 This Agreement, together with any other documents referenced herein, constitutes the entire agreement between you and us regarding Trickster Trove and supersedes any prior oral or written agreements or understandings between the parties.
18. AMENDMENTS TO THIS AGREEMENT
18.1 Gamirare reserves the right, at its sole discretion, to modify this Agreement. In such case, you will be notified through the Game or by other available means of communication.
18.2 This Agreement shall immediately cease to be effective upon the approval and availability of its updated version, which you will be able to review.
Your continued use of the Game after any changes have been made to this Agreement shall constitute your acceptance of the new terms and conditions.
If you do not agree to the updated terms, you will no longer be permitted to use Trickster Trove.
By accepting this Agreement, I confirm that I have read and understood all its terms and conditions.
1. ABOUT THIS AGREEMENT
1.1 This End User License Agreement (hereinafter referred to as the "Agreement") is a legally binding contract governing the relationship between Gamirare Inc., registered at Mykoly Vasylenka St, 7, Kyiv, 03124 (hereinafter: “Gamirare,” “we,” “us,” or “our”) and you.
This Agreement applies to our game Trickster Trove, regardless of the form or method through which it was purchased or obtained, including but not limited to game keys or codes (hereinafter: Trickster Trove or the “Game”).
1.2 This Agreement becomes effective between you and us upon your download, installation, or direct use of Trickster Trove, whichever occurs first. If you do not agree to the terms of this Agreement, do not download, install, or use the Game.
1.3 The following documents form an integral part of this Agreement and are mandatory for acceptance in order to download, install, and use the Game:
(a) Fan Content Guidelines (https://gamirare.com/mediakit/rules) – this document outlines the boundaries within which you are free to create content;
(b) Gamirare Inc. Privacy Policy (https://gamirare.com/privacy-policy) – this document details how Gamirare collects, uses, and protects your personal data.
These documents are considered part of this Agreement and may be updated from time to time. Additionally, depending on the platform through which the Game is distributed, you may also be required to accept and comply with that platform’s own terms and conditions.
2. HEALTH, AGE, WARNINGS, AND CONTENT RESTRICTIONS
2.1 Photosensitivity / Seizure Warning.
A very small percentage of individuals may experience epileptic seizures or loss of consciousness when exposed to certain visual stimuli, including flashing lights or specific light patterns. If you experience any of the following symptoms while playing the Game, immediately stop playing and consult a doctor before resuming: memory loss, seizures, nausea, visual disturbances, eye or muscle twitching, jerking or trembling of arms or legs, loss of consciousness, disorientation, confusion, any involuntary movements or convulsions.
2.2 Age Rating.
Trickster Trove is subject to a minimum age rating, which may vary depending on your country or region and which will be made available to you at the time of purchase. You may only play Trickster Trove if you meet the applicable minimum age requirement. Based on your age, you fall into one of the following categories:
18 years of age or older (or the legal age of majority in your jurisdiction): You may use the Game after accepting the entirety of this Agreement.
Under 18 years of age (or under the legal age of majority in your jurisdiction): You are not permitted to download, play, or otherwise use Trickster Trove.
2.3 Content Warning.
Trickster Trove contains depictions of violence, blood, gore, and the use of narcotic substances, which may be disturbing to some individuals. If you are sensitive to such content or it may provoke a strong emotional response, please consider this before playing the Game.
2.4 In-Game Communication.
The Game includes voice and text chat functionalities. Users are expected to adhere to generally accepted standards of online conduct and refrain from racism, harassment, xenophobia, sexism, discrimination, defamation, insults, or any behavior that is unlawful or offensive.
3. USE OF TRICKSTER TROVE
3.1 Gamirare grants you a personal, limited, revocable, non-exclusive, and non-transferable license to display, access, download, install, use, and play Trickster Trove on your personal computer and/or other devices or platforms explicitly authorized by Gamirare for this purpose and for which the Game has been legitimately acquired.
This license is granted solely for your personal use and does not confer any ownership rights in Trickster Trove. You may not transfer (including by sublicense), gift, or otherwise assign the Game to any third party, nor may you use Trickster Trove for any commercial purposes.
4. MINIMUM SYSTEM REQUIREMENTS AND CONTINUOUS MONITORING
4.1 Trickster Trove has minimum system requirements that vary depending on your device, system, or platform. These requirements are available for review on the Game’s store page in the applicable digital storefront. Before purchasing the Game, you must ensure that your device meets these minimum system requirements.
4.2 In order to improve Trickster Trove and your gameplay experience, prevent activities prohibited under this Agreement, safeguard the integrity of Trickster Trove, and enforce the terms of this Agreement when necessary, we may collect and store general gameplay data, error reports, statistics, and information gathered through distribution platforms. Additional details regarding such practices can be found in our Privacy Policy.
5. ONLINE SERVICES
5.1 Features of the Game are designed to be used in conjunction with the Online Services; and the User acknowledges that those features will not function properly in the absence of access to the Online Services.
5.2 You are responsible for arranging and maintaining an internet connection sufficient for access to the Online Services, and for paying all associated fees.
5.3 Gamirare shall use reasonable endeavours to maintain the availability of the Online Services during the relevant period, but does not guarantee 100% availability. In particular, the Online Services may be unavailable as a result of Updates, scheduled maintenance, emergency maintenance, unanticipated resource requirements, hardware failures, software failures, service provider failures or Force Majeure Events.
5.4 The User must ensure that its use of the Online Services is not excessive (including with respect to bandwidth, processor utilisation and storage) and does not have a material negative effect upon the use of the Online Services by others.
6. PATCHES, UPDATES, AND CHANGES
6.1 Trickster Trove is provided on an "as currently available" basis, which means the Game may contain flaws or bugs that could occasionally lead to critical errors. While we make reasonable efforts to prevent such issues, no software is perfect. Game support may not always be available and may be discontinued at any time.
6.2 Gamirare reserves the right (but is not obligated) to release patches, updates, or make any changes to Trickster Trove (including adding or removing content, fixing bugs, or adjusting in-game balance). Such patches or changes may be delivered as mandatory and/or automatic updates. If you do not install such an update, your continued use of the Game may become impossible, and you accept this as part of your agreement to these terms.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Trickster Trove, including all of its structural components—such as, but not limited to, visual elements, characters, storylines, artwork, animations, designs, assets, music, sound effects, dialogues, graphics, computer code, user interface, visual and operational style, game mechanics, gameplay, audiovisual elements, text content, layouts, databases, data, and other materials—along with any associated intellectual property rights (as defined below) and all other legal and exploitation rights related thereto, are either owned by Gamirare Inc. or properly licensed to us by third parties. All rights in and to Trickster Trove are reserved at all times, except where explicitly stated otherwise in this Agreement. You are not entitled to use or exploit any part of Trickster Trove in any manner except as expressly permitted by this Agreement or in accordance with the Fan Content Guidelines. Trickster Trove and all associated intellectual property rights are protected by copyright, trademark, and other intellectual property laws and protections worldwide. “Intellectual Property Rights” means all existing and future worldwide rights in and to: copyrights, trademarks, service marks, logos, trade dress, goodwill, trade names, brand names, domain names, business names, design rights, database rights, character rights, patents, invention rights, know-how, trade secrets and confidential information, rights in and to software (including source code and object code), moral rights, authorship rights, publicity rights, performance rights, synchronization rights, mechanical rights, publishing rights, rental, lending, and transmission rights, and any other intellectual property rights or rights of a similar or corresponding nature—whether currently existing or arising in the future, whether registered or unregistered—including all approved applications and pending applications for registration, divisionals, continuations, reissues, renewals, extensions, restorations, and cancellations related to any of the foregoing.
This section shall survive the termination of this Agreement.
8. TERMS OF USE
8.1 You are not granted a license for commercial use of Trickster Trove. You are only granted a license for personal use, unless otherwise specified in any section of this Agreement for specific purposes.
8.2 You are prohibited from copying, renting, purchasing, selling, lending, sharing, transferring, sublicensing, distributing, publishing, or publicly broadcasting Trickster Trove or any of your rights granted under this Agreement, unless explicitly permitted herein.
8.3 You are prohibited from creating, using, licensing, sublicensing, making available, and/or distributing any form of cheats that may be used in connection with Trickster Trove. "Cheats" include, but are not limited to: exploits, automation software, bots, hacks, spiders, spyware, scripts, trainers, data-mining tools, or any other software intended to interact with or affect Trickster Trove in any way not authorized by Gamirare Inc., including any unauthorized third-party software that collects information by reading memory locations used by Trickster Trove to store data.
8.4 You are prohibited from modifying, merging, distributing, translating, reverse engineering, or attempting to access the source code of, decompile, or disassemble Trickster Trove, except where such actions are expressly permitted under applicable law.
8.5 You are prohibited from disrupting or interfering with Gamirare Inc.’s customer service or technical support operations, or from impersonating a Gamirare representative.
8.6 You are prohibited from intercepting, extracting, or otherwise collecting personal data, confidential information, or any other data from Trickster Trove.
8.7 You are prohibited from maliciously interfering with, disrupting, or gaining unauthorized access to restricted areas of networks, software, or servers owned by us or third parties. This includes but is not limited to methods such as tunneling, code injection or insertion, denial-of-service attacks, software modification or alteration, use of any other software in conjunction with our software, protocol emulation, or the creation or use of private servers or similar services related to Gamirare or the Game.
8.8 You are prohibited from engaging in any activity that may infringe upon Gamirare’s copyrights, trademarks, patents, trade secrets, rights of privacy, rights of publicity, or any other proprietary rights.
8.9 You are prohibited from uploading any files that contain malicious code, including but not limited to viruses, spyware, trojan horses, worms, time bombs, intentionally corrupted data, or any other files containing harmful code that may damage or interfere with the operation of Trickster Trove in any way.
8.10 You are prohibited from using the Game in any manner that involves racism, harassment, xenophobia, sexism, discrimination, defamation, insults, or any activity that is unlawful. You are also prohibited from creating any content related to Trickster Trove that exhibits any of the aforementioned characteristics.
8.11 You are prohibited from removing any proprietary notices or labels contained within the Game.
8.12 You are required to comply with all applicable laws and regulations when using Trickster Trove.
This section shall survive the termination of this Agreement.
9. FAN-CREATED CONTENT
Please refer to our Fan Content Guidelines to better understand the types of content based on Trickster Trove that you are permitted to create, as well as the limitations and restrictions that apply to such creations.
10. FEEDBACK (BUG REPORTS)
10.1 Gamirare values community feedback. If you have any helpful thoughts or suggestions you wish to share, we would be happy to receive your message at support@gamirare.com. If your suggestions are implemented in any form within the Game, please note that we are under no obligation to provide you with any form of compensation (monetary or otherwise).
10.2 If a critical error occurs during your gameplay session, Gamirare may request that you submit crash data in order to improve the source code, enhance the gameplay experience, and reduce the frequency of such crashes. Submitting bug reports is not mandatory, and such reports may, in some cases, contain personal data. For more information on the type of data that may be included in such reports, please refer to our Privacy Policy.
11. THIRD-PARTY CONTENT
11.1 Within Trickster Trove, we may provide you with hyperlinks to external websites owned by third parties. Additionally, you may access the Game through various devices, systems, or platforms. The decision to use any of these is made at your sole discretion, and we make no guarantees regarding their functionality, quality, or whether access to them will be free of charge.
Furthermore, such devices, systems, and platforms may be governed by their own separate terms of use, which may differ from those outlined in this Agreement. We strongly recommend that you review any applicable legal documentation before engaging with them.
12. WARRANTIES AND REPRESENTATIONS
12.1 Gamirare’s Warranty. We warrant that we have the legal right to enter into this Agreement and to grant you a license to use Trickster Trove for personal entertainment purposes.
12.2 Your Warranties and Representations. You represent and warrant that you have the authority and capacity to enter into this Agreement and that you will comply with all of its provisions.
13. LIABILITY
13.1 Unless expressly stated otherwise in this Agreement, Gamirare, its affiliated or partner companies, and its licensors disclaim all express or implied warranties and representations regarding the Game. Trickster Trove is provided to you "as is", without any express or implied warranties or representations, and we shall not be liable for any loss or damage arising from your use of, or inability to use, the Game. Your use of Trickster Trove is entirely at your own risk.
To the fullest extent permitted under applicable law, we disclaim all warranties, express or implied, relating to Trickster Trove, including but not limited to: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, warranties arising from the course of dealing or usage of trade, absence of viruses, errors or defects, and/or any warranties regarding the accuracy, legality, reliability, or quality of any content or information contained within Trickster Trove.
Gamirare expressly makes no warranty that Trickster Trove will operate uninterrupted or error-free, that any defects will be corrected, or that the Game will be free of viruses or other harmful components.
13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gamirare AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, COSTS OR FEES, LOSS OF DATA, DAMAGE TO OR LOSS OF INFORMATION, LOSS OF BUSINESS OPPORTUNITIES, OR FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, BREACH OF CONTRACT, BREACH OF WARRANTY OR STRICT LIABILITY), MISREPRESENTATION, INDEMNITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEVANT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Gamirare AND ITS LICENSORS TO YOU IN CONNECTION WITH TRICKSTER TROVE OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU HAVE DIRECTLY PAID TO US (IF ANY), REGARDLESS OF THE BASIS OF YOUR CLAIM(S). THIS LIMITATION CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THIS AGREEMENT.
13.3 You agree to indemnify, defend, and hold harmless Gamirare and its licensors from and against any damages, liabilities, claims, and expenses, including legal fees, arising from or related to:
any alleged or actual breach of this Agreement by you;
your use of Trickster Trove or the use of Trickster Trove by any person acting on your behalf or in your place (whether intentional or not);
any infringement of the intellectual property rights of Gamirare or its licensors.
In the event any claims are brought against us, you are obligated to fully cooperate with Gamirare, and we reserve the right to assume control of the defense. You may not settle any such claim, in whole or in part, without our prior written consent.
13.4 By accepting this Agreement, you acknowledge that any damage or loss you may suffer is not irreparable, and that adequate and sufficient remedies exist other than resorting to court proceedings. You agree that you have no right to initiate legal action against Gamirare or its licensors.
This section shall survive the termination of this Agreement.
14. TERMINATION
14.1 You may terminate this Agreement at any time by ceasing to use Trickster Trove. Such termination shall not affect any rights or obligations, either yours or ours, that have accrued up to the date of termination.
14.2 Gamirare may suspend or terminate this Agreement and your access to Trickster Trove if you commit a material breach of any provision of this Agreement. If we choose to suspend or terminate this Agreement and your access to the Game under this clause, we shall bear no liability and have no obligations to you as a result of such action.
14.3 In the event Gamirare, for any reason, decides to permanently discontinue access to Trickster Trove—either in general or on a specific platform—Gamirare may provide at least ninety (90) days’ notice using reasonable means available at the time. Such discontinuation of service shall not give rise to any liability or obligation toward you.
15. FORCE MAJEURE
Neither party shall be held liable to the other, in whole or in part, for any failure or delay in the performance of its obligations under this Agreement due to the occurrence of a force majeure event.
“Force majeure” refers to any circumstances that prevent a party from fulfilling any or all of its obligations, which arise from or are caused by acts, events, omissions, or accidents beyond the party’s reasonable control and which the party is unable to prevent. Force majeure events include, but are not limited to: strikes, lockouts, or other industrial disputes; nuclear accidents or natural disasters; wars or terrorist acts; riots, civil unrest, malicious attacks; compliance with any laws, governmental regulations, rules, orders, or directives; failures by utility or internet service providers; system outages; hacking; denial of service or other cyberattacks; the use of malicious software or similar technologies; pandemics (such as COVID-19); fire, floods, or storms; and failure by suppliers or subcontractors to fulfill their obligations.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of Ukraine, excluding its conflict of law rules and/or jurisprudence. The exclusive venue for all legal proceedings relating to or arising from this Agreement and/or the Game shall be within Ukraine, and you agree to submit to the jurisdiction of the courts of Ukraine for the resolution of any such claims or legal disputes. The prevailing party in any dispute arising under this Agreement shall be entitled to recover its legal costs and fees.
16.2 If you experience an issue related to us, we believe it can be resolved promptly. Please contact us at support@gamirare.com.
16.3 You and Gamirare agree to make reasonable and good faith efforts to resolve any dispute between us without the involvement of third parties. The initial resolution period shall be thirty (30) days, extendable up to sixty (60) days in the event of unforeseen circumstances.
If you intend to file a claim against Gamirare, you must send a physical copy to the following address:
Mykoly Vasylenka St, 7, Kyiv, 03124, Ukraine,
and an electronic copy to: legal@gamirare.com.
16.4 Class Action Waiver.
To the maximum extent permitted by applicable national or state law, you agree not to bring or participate in any class action, representative action, or collective arbitration under any circumstances. This means that (to the fullest extent permitted by law):
no arbitration may be combined with another;
there is no right or authority for any dispute to be arbitrated on a class-action basis or to use class-action procedures; and
there is no right or authority for any dispute to be brought in a representative capacity on behalf of the general public or any other persons.
If any portion of this Agreement regarding the waiver of class or representative actions or collective arbitration is found to be unlawful or unenforceable, that provision shall be deemed severed, and the entire clause shall be deemed void. In such a case, any claim or dispute must be resolved in a court of law.
This section shall survive the termination of this Agreement.
16.5 If you reside in a country within the European Union, you may have the right to submit a complaint via the Online Dispute Resolution Platform operated by the European Commission. For more information, please visit:
https://ec.europa.eu/consumers/odr/
17. GENERAL PROVISIONS
17.1 If any provision of this Agreement is or becomes invalid, the remaining provisions shall remain in full force and effect. Gamirare may, at its sole discretion, replace any invalid provision with one that most closely reflects the intent of the original.
17.2 This Agreement governs the relationship between you and us only, and does not create any rights for third parties, unless explicitly stated otherwise herein.
17.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to Trickster Trove or this Agreement.
17.4 Gamirare reserves the right, at any time and at its sole discretion, to assign or transfer (including by subcontract) this Agreement to a third party.
17.5 No delay or failure by Gamirare to exercise any right or remedy provided under this Agreement or applicable law shall constitute a waiver of such right or remedy. Nor shall it prevent or restrict us from exercising such right or remedy at a later time, unless explicitly stated otherwise in this Agreement.
17.6 This Agreement, together with any other documents referenced herein, constitutes the entire agreement between you and us regarding Trickster Trove and supersedes any prior oral or written agreements or understandings between the parties.
18. AMENDMENTS TO THIS AGREEMENT
18.1 Gamirare reserves the right, at its sole discretion, to modify this Agreement. In such case, you will be notified through the Game or by other available means of communication.
18.2 This Agreement shall immediately cease to be effective upon the approval and availability of its updated version, which you will be able to review.
Your continued use of the Game after any changes have been made to this Agreement shall constitute your acceptance of the new terms and conditions.
If you do not agree to the updated terms, you will no longer be permitted to use Trickster Trove.
By accepting this Agreement, I confirm that I have read and understood all its terms and conditions.