License Agreement
This License Agreement (hereinafter referred to as the “Agreement”), including the Privacy Policy posted on the web address https://en.vmmo.ru/privacy, which is an annex to this Agreement and constitutes an integral part thereof, governs the relationship between Touchgames Limited Liability Company (hereinafter referred to as the “Licensor”), on the one hand, and the person who accesses the Game, the Website and/or who uses them (hereinafter referred to as the “User”) arising in the process of obtaining access to the Game, the Website by the User and/or in the process of using them by the User, regardless of whether the User is a registered User of the Website or the User accesses the Website / the Game or the User uses the Website / the Game without registration and/or authorization.
The list of the Games, the provision and the use of which are governed by this License Agreement, includes:
Моя ферма (mferma.ru), Братва (bratki.mobi), Доценты (hata.mobi), Мир Теней (vten.ru), Стальной Легион (sleg.mobi), Лорды (lords.mobi), Риальные пацаны (pacan.mobi), Пушистики (pusiki.mobi), Флибустьеры (flibu.mobi), Poker Space (pokers.pro), Октагон (8gon.mobi), World of Shadows (shadowsgame.com), My Farm (myfarm.games)
Access to the Games can be provided through the Websites hosted on the domains specified in the previous paragraph of the Agreement, as well as on any subdomains.
This Agreement is simultaneously the Licensor's proposal addressed to an unlimited number of persons to conclude this Agreement on the conditions set forth therein. The provisions of Articles 428, 437 of the Civil Code of the Russian Federation apply to this Agreement.
By visiting and/or using the Website and/or the Game and/or playing (copying) any part of the Game, the User confirms that he/she has read through the terms of this Agreement and the Privacy Policy, the User confirms that the terms of this Agreement and the Privacy Policy are clear to him/her, as well as the User confirms his/her full and unconditional consent to strictly abide by the terms of this Agreement and the Privacy Policy, regardless of whether the User is a registered User of the Website / the Game or the User visits and/or the User uses the Website / the Game without registration.
The Licensor reserves the right, at its sole discretion, to change and (or) supplement this Agreement, including the Privacy Policy, at any time without prior and (or) subsequent notice. Changes to the Agreement, including the Privacy Policy, will be published on this page of the Website, which has the following permanent web address https://en.vmmo.ru/agreement, as part of the text of the Agreement and the Privacy Policy in the new edition. Changes and/or additions to this Agreement, as well as the new version of this Agreement shall come into force 24 (twenty-four) hours after the publication of such changes / additions or a new version of this Agreement on the specified Website Page, unless otherwise specified in notification of changes to the terms of the Agreement.
The further use of the Website and/or Game by the User after posting any such changes and/or additions on this page means the User's consent to such changes and/or additions, as well as full and unconditional consent to strictly comply with the terms of this Agreement, taking into account the changes made by the Licensor and/or additions to the Agreement and the Privacy Policy.
If you, as an unregistered User of the Website, do not agree to abide by this Agreement, do not use the Website and the Game, leave the Website and stop any use of the Website and the Game. If you are a registered User and do not agree to abide by this Agreement, leave the Website and stop any use of the Website and the Game. If your personal account was created in the Game, the Licensor will delete your personal account on the basis of your request sent by one of the methods stipulated in this Agreement.
It is the User's personal responsibility to regularly review this page of the Website to read through the current version of the Agreement.
The Licensor and the User may be hereinafter collectively referred to as the "Parties" or individually as a "Party".
Section 1. Basic Terms and Definitions Used in this Agreement
1.1. Authorization: Activation of the User's personal account by entering the login and password specified during Registration, as well as code words and other data in accordance with the interactive Authorization form provided to the User in the Game.
1.2. Licensor: Touchgames Limited Liability Company, principal place of business at 3/1 Musy Dzhalilya, room 1025, Novosibirsk 6630055, Russian Federation. Taxpayer Identification Number (INN) 5408019092, Tax Registration Reason Code (KPP) 540801001, Primary State Registration Number (OGRN) 1185476014008.
1.3. Unit of the Volume of Rights to the Non-Activated Data and Commands (Unit of the Volume of Rights): A conventional unit reflected by the Licensor on the User Balance of the User in the Game, which determines the volume of rights of the User to use the Non-Activated Data and Commands in the Game. The Unit of the Volume of Rights is determined by the Licensor. Information about the Units of the Volume of Rights is brought to the attention of the Users in the relevant sections of the Game. The volume of Rights to the Non-Activated Data and Commands provided by the Licensor to the User is determined depending on the number of Units of the Volume of Rights purchased and paid by the User. The License Fee for granting Rights to the Non-Activated Data and Commands in the amount corresponding to one Unit of the Volume of Rights is established by the Licensor at its sole discretion and communicated to the Users on the relevant Pages of the Website and in the relevant sections of the Game.
1.4. Rights to the Non-Activated Data and Commands: The rights provided for in this Agreement to use data, commands and the audiovisual displays of the Game generated by them, activated sequentially to obtain a certain result by the User provided for by the scenario and functionality of the Game, acquired by the User after (subject to) payment of the License Fee provided for in the Agreement. The Non-Activated Data and Commands for the purpose of their further use have to be activated by the User to obtain certain results, including by paying a License Fee and performing certain actions in the Game aimed at activating the Non-Activated Data and Commands. The exclusive Right to Non-Activated Data and Commands belongs to the Licensor, in connection with which no offers of third parties to provide the Non-Activated Data and Commands or their versions can be regarded by the User as proposals coming from the Licensor.
1.5. Game: An interactive massively multiplayer online game, which is a computer program, representing a collection of data, commands and audiovisual displays generated by it (hereinafter referred to as “Data and Commands”) intended for the operation of computers and other computer devices in order to obtain a certain result provided for by the script and functionality of the Game, by using the indicated data and commands without paying a fee by the User (hereinafter referred to as the “Activated Data and Commands”) or after (provided that) the User has paid a fee (License Fee) (hereinafter referred to as the “Non-Activated Data and Commands”), including all modifications, additions and updates of the Game, as well as all versions of the Game.
The Game includes the Server Part of the Game and the User part of the Game, if such User part of the Game is provided by the functionality of the Game. The use of the Game by the Users occurs in an interactive (online) mode, by means of the User Сlient reproduced (copied) into the memory of the User's computer device, if such a User Сlient is provided by the functionality of the Game, and/or by using an Internet browser, provided that the user device is connected via the World Wide Web to the Game through the Website of the Game. Access to the basic version of the Game, which does not include the Non-Activated Data and Commands, is provided to the Users without charging a subscription fee and/or a fee in another form, which would be a necessary condition for the User to gain access to the basic version of the Game.
The Licensor grants the User the Right to Use the Game, including the Activated Data and Commands and the Non-Activated Data and Commands, under the terms of a simple (non-exclusive) license in the ways provided for in this Agreement, within the limits and on the terms established by this Agreement. The Licensor owns the rights to use the Game to the extent necessary and sufficient to grant a license to use the Game. The Licensor manages the Website and the Game, ensures interaction with the Users in the process of obtaining access to the Website and the Game by the Users and using the Website and the Game by the User, as well as when granting the Users the right to use the Activated Data and Commands and the Non-Activated Data and Commands.
This Agreement governs the relationship arising in the process of obtaining access to and using the Games and the Websites by the Users. The names and the Internet addresses of the Games and the Websites are indicated in the preamble to this Agreement.
1.6. Private Messages: Electronic messages transmitted by one User to another and not available to third parties, with the exception of the Licensor, which are sent and received using the User's Personal Page. By accepting the terms of this Agreement, the User acknowledges and agrees that the Private Messages will not contain confidential information. The User grants the Licensor the right to freely view, delete, moderate (change) the Private Messages at the sole discretion of the Licensor, without obtaining the User's permission and without notifying the User, in order to ensure the safety of the Website and the Game, prevent the commission of offenses and crimes, protect the rights and interests of other Users and any third parties, ensuring compliance with the applicable laws of the state in whose territory the User gains access to the Game, and compliance with this License Agreement.
1.7. User Materials: Audiovisual works, musical works, works of literature, works of graphics, painting, design, photographic works, works obtained by methods similar to photographs, phonograms, performances and other objects of copyright and related rights that are the results of intellectual activity, which are provided with legal protection in accordance with applicable law and international agreements, presented in special digital formats in accordance with the technical capabilities of the Game and posted by the User on the User's Personal Page or in other sections of the Game, the exclusive right to which or the right to use which in the volume necessary and sufficient for the purposes of fulfilling this Agreement belong to the User.
1.8. User Personal Page (Personal Page): A section of the Game available to the User through a special page of the Website after successful Registration, through which the User manages his/her personal account (account), post the User Materials, information, send and receive the Private Messages and carry out other actions provided by the functionality of the Game and related to the use of the Game.
1.9. Additional Functionality of the Game: The results of the functioning of computers and other computer devices provided for by the functionality of the Game, obtained as a result of using a set of the Non-Activated Data and Commands of the Game, the consumer value of which is to provide the User with special features and benefits (hereinafter referred to as “In-Game Features”) in the Game according to the game scenario. The right to the Non-Activated Data and Commands is provided to the User for a fee (License Fee), the amount and the payment conditions of which are determined by the Licensor in the relevant sections of the Game and/or on special pages of the Website.
The Parties acknowledge and confirm that the In-Game Features are intangible objects and are not objects of civil rights specified in Article 128 of the Civil Code of the Russian Federation. In-Game Features are intended to be used solely within the gameplay in accordance with the rules, the logic of the Game and have no independent property value and/or price.
The list and the volume of the In-Game Features available to the User is determined by the number of in-game values ("gold", "bars", "coins", other in-game items). The possibility of obtaining and using the in-game values is provided to the User according to the algorithm of the Game as a result of using the Activated Data and Commands without charging the User or as a result of the activation of the Non-Activated Data and Commands after (provided that) the User pays the License Fee in the amount fixed.
1.10. User: A capable natural person who accesses the Game, regardless of whether such person is a registered User.
1.11. User Balance: An individual for each User section of the personal account in the database of the Game / the Website, which is created at the time of the User’s Registration, is tied to the User's personal account and through which the Units of the Volume of Rights purchased and paid by the User as well as consumed by the User in the Game are kept track of.
1.12. User Part of the Game (User Client): A program for electronic computers (hereinafter referred to as the “Computer Program”), access to which is provided by the Licensor to the User in order to copy (reproduce) and install a copy of it into the memory of the Mobile Terminal (smartphone, tablet computer, communicator and other technical device that has the functionality of an electronic computer, equipped with an operating system and intended, inter alia, for automatic processing of information in the process of solving computing and information problems), provided that the technical characteristics of the computer allow copying (reproduction) and the use of the User Client. The User Client is an integral part of the Game. The User Client is intended solely to provide the User with access to the Game and interaction of the User through the User Client with the Server Part of the Game hosted on the Game Server. The User Client is distributed in technical ways, determined at the discretion of the Licensor. The User has the right to use the User Client solely for the purpose of using the Game, subject to this Agreement, including its special provisions on the methods, terms, and purposes of using the User Client.
1.13. Registration: A sequence of actions performed by the User in the Game through the user interface of the Game, including the indication in a special form of registration of data (including personal data) of the User, conclusive actions, expressing the User's will to conclude this License Agreement and other actions at the discretion of the Licensor, which may be are necessary to enable the User to use the Game. The result of successful Registration is the assignment of the status of a registered User to the User. The Licensor may, at its sole discretion, restrict and/or prohibit access to certain functionality of the Website and/or the Game for the Users who are not registered Users.
1.14. Website: An Internet Website accessible on the Internet at a network address through which the Licensor provides the Users with access to the Game, including the Server Part of the Game and the User Client, as well as to databases and/or software related to the Game, within limits necessary for the User to fully use the functionality (including Additional Functionality) of the Game.
1.15. Game Server: Equipment (including computers, physical servers, memory drives, hard disk drives, etc.) that stores Game data, as well as databases and/or software related to the Game. The Game Server is used by the Licensor to ensure the functioning of the Game.
1.16. Game Resources: When collectively referred to, include the Game, including the Server Part of the Game and the User Client, as well as databases and software related to the Game necessary for the functioning of the Game.
1.17. Website Page (Page): A section of the Website that is accessible on the Internet at a specific URL.
1.18. Granting the Right to Use the Game: Granting by the Licensor to the User on the terms of a simple (non-exclusive) license the right to use the Game, including the right to reproduce (copy) the User Client into the memory of the Mobile Terminal, as well as the right to access and participate in the Game, use the Activated Data and Commands free of charge and use of the Non-Activated Data and Commands, subject to payment of the License Fee. Granting to the User the Right to Use the Game, except for the Non-Activated Data and Commands, is free of charge.
1.19. License Fee: Payment to the Licensor for granting the User the right to use (simple license to use) the Non-Activated Data and Commands within limits established by this Agreement. The amount of remuneration is determined by the Licensor and depends on the volume and (or) duration of the use of the Non-Activated Data and Commands, the right to use which is granted to the Licensee. Information about the amount of the License Fee is posted in the relevant sections of the Game and/or on the Pages of the Website. The License Fee may be charged on a subscription basis, which requires charging for the use of the Non-Activated Data and Commands at regular intervals. In this case, the conditions for subscribing, unsubscribing, renewing a subscription (including automatic renewal), as well as the rules for charging subscription fees and arranging refunds are determined by the Licensor.
Section 2. General Provisions
2.1. In accordance with Article 428 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this Agreement is simultaneously a proposal addressed to an unlimited number of persons to conclude this Agreement on the terms set forth in this Agreement, with anyone who responds and accepts the terms of this Agreement by performing the appropriate conclusive (actual) actions in the Game, namely, filling in the required fields in the registration form during Registration and putting a mark in the appropriate checkbox and/or tapping / clicking on a button containing the text "Register" or other text similar in meaning.
2.2. The successful Registration of the User and/or copying (reproduction) of the User Client into the memory of the User's Mobile Terminal and/or any other use of the Game by the User and/or purchase/payment of the Units of the Volume of Rights (replenishment of the User Balance) mean that the User has read through the terms of the Agreement, as well as mean full and unconditional acceptance of the terms of this Agreement by the User.
Any of the actions of the User specified in the first paragraph of this Clause 2.2. of the Agreement is recognized as acceptance of this Agreement.
2.3. Access to the Game is provided to the User free of charge, with the exception of granting the right to use the Non-Activated Data and Commands. In view of the gratuitousness of this Agreement, the norms of the legislation of the Russian Federation on consumer protection are not applied to the relationship of the Parties arising from this Agreement, except for the cases when the Licensor grants the User the Rights to the Non-Activated Data and Commands.
The acquisition of the Rights to the Non-Activated Data and Commands by the User is not a condition for the User to gain access to the Game and is carried out by the User solely at his/her own discretion by paying the License Fee.
2.4. The Game and the Website are intended solely for personal, family, home and other use not related to the entrepreneurial (commercial) activities of the User.
2.5. The use of respective functionalities of the Game is allowed only after the User completed Registration in the Game.
2.6. The list of functionalities in the Game, for the use of which the preliminary Registration of the User is required, as well as the list of functionalities implemented using the Non-Activated Data and Commands are determined solely by the Licensor and may be changed at any time without notifying the User.
2.7. Technical, organizational, commercial terms of the use of the Game, including information about the Non-Activated Data and Commands, are brought to the attention of the Users by posting in the Game.
2.8. The Licensor does not guarantee the provision of all or some of the functionality implemented using the Non-Activated Data and Commands for an unlimited time. The Licensor has the right to terminate granting a license for the certain Activated Data and Commands and (or) the Non-Activated Data and Commands, to change the amount and the procedure for payment of the License Fee. Any changes in the list and/or conditions and/or the amount of the License Fee come into force from the moment the new conditions are posted by the Licensor in the relevant sections of the Game.
2.9. The terms of this Agreement cannot be interpreted as granting the User intellectual rights to the Game, certain parts of the Game (including game characters), except as expressly provided for in this Agreement.
2.10. The Parties to this Agreement recognize the international nature of the Internet, in connection with which the User agrees to comply with all rules of conduct on the Internet, and in addition, to comply with the requirements of the legislation of the state of residence / temporary residence of the User, including the age requirements for persons entitled to use Internet Websites. and Games on the Internet, and other requirements.
2.11. The User confirms and guarantees that he/she is a capable and legally capable person and has all the rights necessary to conclude and execute this Agreement, including in terms of obtaining by the User the Rights to the Non-Activated Data and Commands and paying the License Fees. In the event that the User is a minor in accordance with the legislation of the state of permanent residence or temporary residence of the User, the User is obliged to stop any use of the Website and the Game, including obtaining the Rights to the Non-Activated Data and Commands, or independently obtain the necessary permission in the form required by law from his/her parents, guardians or legal representatives required to use the Website and the Game, as well as to pay the License Fee. If the Licensor detects a violation by the User of this Clause of the Agreement, the Licensor immediately terminates such User's access to the Game, including by deleting his/her Personal Page and personal account in the Game / on the Website, while the Licensor does not compensate the User or his/her legal representatives for any losses, does not refund the License Fee.
2.12. The Game under no circumstances can be recognized as a game of chance, a risk-based game, gambling, competition, public competition, lottery, sweepstakes. This Agreement is not a public promise of rewards, an announcement of a public competition, an agreement between the organizer of a lottery, sweepstakes (mutual bet), or other risk-based games.
Section 3. Subject of the Agreement
3.1. Subject to the User's compliance with this Agreement, the Licensor grants the User, under a simple (non-exclusive) license, the Right to Use the Game, which is a computer program, including the Activated Data and Commands and the Non-Activated Data and Commands, as well as databases that ensure the functioning of the Game, in the ways agreed in the section 4 of this Agreement, subject to the terms of the restrictions set by the Licensor. The Rights to the Non-Activated Data and Commands are considered granted to the User from the moment the Units of the Volume of Rights are reflected on the User Balance. The consumption by the User of the Units of the Volume of Rights is carried out solely in the context of the game process in accordance with the functionality of the Game. The Licensor is released from liability for the adverse consequences of the use and/or the nonuse by the User of the Units of the Volume of Rights in the Game. The User independently makes decisions about the need and/or the possibility of acquiring the Units of the Volume of Rights and obtaining the Rights to the Non-Activated Data and Commands. The Rights to the Non-Activated Data and Commands are provided at the User’s request and will. The Non-Activated Data and Commands are an integral part of the Game and their activation and use can be carried out by the User only in the process of using the Game.
Section 4. Rights and Obligations of the User
4.1. Subject to the User's compliance with this Agreement, the requirements of the Licensor, as well as respective rules for the use of the functionality of the Game, the Licensor provides the User with the following features in the Game:
4.1.1. The User has the right to copy (reproduce) the User Client into the memory of the user device of the User solely for the purpose of using the User Client for its intended purpose in accordance with the functionality of the User Client to gain access to the Game and for the further use of the Game.
4.1.2. The User has the right to create game characters in the Game and control game characters in accordance with the logic of the Game in the context of the game process. Unless otherwise provided by the functionality of a certain Game, using one personal account (account) is allowed to create and use only one game character.
4.1.3. The User has the right to use the technological and functional capabilities of the Game in order to exchange game items (artifacts) with other Users in the context of the game process in the Game, if such an opportunity is implemented in the Game.
4.1.4. The User has the right to use the technological and functional capabilities of the Game in order to transfer game items (artifacts) to other Users in the context of the game process in the Game, if such an opportunity is implemented in the Game.
4.1.5. The User has the right to use the technological and functional capabilities of the Game in order to exchange the Private Messages with other Users, in order to exchange messages with other Users, post his/her own messages and read messages of other Users in the chats and forums of the Game.
4.1.6. The User has the right to use all other technological and functional capabilities of the Game, and in cases where such use is possible only subject to the payment of the License Fee, the specified capabilities are available to the User only after acquiring the Rights to the Non-Activated Data and Commands.
4.1.7. The Users have the right to contact the Licensor on any issues related to the conclusion of this Agreement, using the Website and the Game, granting the Rights to the Non-Activated Data and Commands and other issues related to the functioning of the Game, through the feedback forms on the Website or in the Game or by reaching out to the customer support service in accordance with the contact information posted on the Website or in the Game.
4.1.8. The User has the right to post on the Personal Page, on other Pages of the Website and in the relevant sections of the Game, if provided by the functionality of the Website and the Game, the User Materials, subject to the requirements for the User Materials set forth in the relevant sections of this Agreement, and subject to conformity of the technical characteristics of the User Materials to the requirements of the Website and the Game.
4.1.9. The User has the right to receive the Rights to the Non-Activated Data and Commands, subject to the payment of the License Fee, the amount of which is communicated to the Users in the relevant sections of the Game.
4.2. When gaining access to the Website and the Game, as well as when using the Website and the Game, the User is obliged to:
4.2.1. Access the Website and the Game, use the Website and the Game in full compliance with the terms of this Agreement, as well as in full compliance with the requirements of the current legislation of the Russian Federation and international legislation, as well as in accordance with the principles of reasonableness and good faith.
4.2.2. The User is obliged to observe the intellectual property rights belonging to the Licensor, the owner of the exclusive right to the Website and the Game, other Users and other third parties, as well as all property and personal non-property rights of third parties.
4.2.3. The User is fully responsible for the actions performed on the Website and in the Game using a game character created (registered) by the User, regardless of whether the specified game character of the User is actually under the control of the User or another third party (third parties).
4.2.4. The User is obliged to independently take the necessary and sufficient measures to protect the User's personal data necessary to access the Website and/or participate in the Game. The Licensor is in no way responsible for the loss of the specified data by the User, unauthorized access to the User's data by third parties. If a third party gains access to the Website and/or the Game, the User is responsible for the actions of such a third party, as for his/her own actions.
4.2.5. The User is personally responsible for any User Materials or other information that he/she uploads or otherwise makes available to the public (publishes) on the Website, in the Game or with their help.
4.2.6. The user is liable to the Licensor and any third parties for non-compliance with the terms of this Agreement.
4.2.7. The User is obliged to reimburse the Licensor for all losses (including direct damage, lost profits, as well as all indirect losses) incurred by the Licensor in connection with such use of the Website and/or the Game by the User that violates this Agreement, current legislation, property rights and legitimate interests, personal non-property rights, intellectual property rights of the Licensor, other Users and any other third parties.
4.2.8. In case of violation by the User of this Agreement and the application by the Licensor of the appropriate measures of restriction or sanctions against the User, the obligation to prove the circumstances of the violation or absence of violation lies with the User.
Section 5. Prohibited Activities
The User is strictly prohibited from performing the actions set forth in this section of the Agreement:
5.1. It is forbidden to use the Website or the Game in any way that may interfere with the normal functioning of the Website, the Game or respective functionality (services) of the Website or the Game. Perform any actions that impede or make it impossible for other users to access the Game, as well as deliberately perform any actions that make it difficult or impossible for the Licensor to perform his duties, create deliberate interference in the Game for other Users that is not provided for by the logic and the rules of the Game.
5.2. It is prohibited to use any third-party programs and/or software tools in order to facilitate the game process in the Game, including in the following ways and using the following means:
a) The use of automated scripts (computer programs) to collect information and (or) interact with the Game or with respective services of the Game, to control the game character and use the Game in any other way;
b) Creation and the use of bots in the Game (game characters that are controlled by a program), other programs, any technical and/or other means to emulate the User's actions in the Game;
c) The use of any in-game errors and errors of any accompanying software in the Game, on the Website, on the Game Server. The User who finds such errors of the Game, the Website, the Game Server is obliged to immediately inform the Licensor about them through any feedback forms and methods;
d) The use of an exploit (the deliberate use of any errors of the Game, flaws or malfunctions that give unintended advantages in the Game), as well as the distribution or disclosure of data about any errors and flaws of the Game, the Website, the Game Server, giving the possibility of an exploit;
e) Create, distribute, publish, use or distribute any utilities, emulators and other independent software products and tools without the written consent of the Licensor (including, but not limited to the following: macro programs, programs for creating bots, server emulators, client cracker programs, card cracker programs and utilities for collecting information);
f) Placement of any files (or links to files) that contain or may contain viruses and other malware.
5.3. It is forbidden to make changes, modify, otherwise change the User Part of the Game (the User Сlient) or interfere with the process of data exchange between the Game Server / the Server Part of the Game and the User Client, in particular through the following actions:
a) The User is prohibited from publishing or uploading files that contain viruses, trojans, worms, time bombs, cancelbots, corrupted files or data, or other similar software that may damage the Game, the Website, the Game Server or disrupt the operation of third parties’ computers;
b) The User is prohibited from hacking / attempting to hack software components and/or intercepting data coming to the Game Server or from the Game Server;
c) The User is prohibited from any modification, alteration, decompilation, sale, distribution of modified materials of the Game in whole or in parts. Using software errors, changing the program code, gaining unauthorized access to the Game Server and the database of the Game;
d) The User is prohibited from modifying the User Client, the Website, the Game Server, the Game or any part thereof;
e) The User is prohibited from attempting to interrupt, hack or decrypt any data transmission to the Game (the Website), from the Game (the Website), to the Game Server or from the Game Server or with the participation of related services.
5.4. The User is prohibited from violating the legally established and/or universal norms of behavior, communication, as well as the norms of morality, morals, ethics, established in the state and society, including, but not limited to, it is prohibited to:
a) Upload, publish, transmit, otherwise communicate to the public, including by using in the name (appellation) of the User's game character, in the name (pseudonym) of the User, as well as when sending the Private Messages in communities, on a forum, in chats, in the names of communities in the Game (guilds, tribes, orders, etc.) (hereinafter - post) any information and/or statements and/or symbols that contain threats, discredit or insult other Users or third parties, are vulgar, indecent, obscene, offensive, provocative, are fraudulent, encroach on personal or public interests, promote racial, religious, ethnic hatred, enmity, intolerance, as well as any other information that offends the honor and dignity of a person, violates generally accepted norms of morality and ethics, violates human and civil rights protected by law;
b) Dissemination of rumors, slander, untrue information discrediting the business reputation, honor and dignity of the Licensor and any other individuals and/or legal entities is prohibited;
c) Use in the game process, in general communication channels, in the Private Messages and in the messages addressed to several Users simultaneously, profanity, insults, as well as in all channels and types of messages without exception - threats of violence or physical harm, drug advertising, pornographic materials or third-party resources containing these materials, propaganda of intolerance towards racial, national, religious, cultural, ideological, gender, linguistic or political affiliation;
d) Dissemination and/or communication (expression) of sexual offers is prohibited;
e) It is forbidden to take part in groups or associations of persons whose ideology implies rejection on religious, national, gender grounds (or has similarities with the ideology of a similar orientation), refers to a nationalist, racist or sexist philosophy;
f) Defamation, insults, harassment, persecution, threats and other violations of legal rights (such as the right to privacy and the right to freedom of speech) of any other individuals and legal entities and/or associations of persons are prohibited;
g) It is forbidden to describe or promote criminal activity, post instructions or guidelines for the commission of criminal acts, as well as actions aimed at causing an individual to harm himself (suicide, etc.);
h) It is forbidden to post obscene and/or abusive words and/or phrases, including the use of such words / phrases in the name (nickname) of the game character, in the name (pseudonym) of the User.
5.5. It is prohibited to post any commercial advertisements, commercial offers, agitational materials, distribute spam, chain messages (messages requiring their transmission to one or more users), pyramid sales schemes or calls to participate in them, any other intrusive information, in particular:
a) The User is prohibited from spamming (newsletters and announcements not related to the game process), flooding (repeated repetition, reproduction, copying, etc. of information) in chats, on the forums of the Game and the Website;
b) The User is prohibited from spreading spam messages or littering the chats, forums of the Game and the Website with a large number of messages;
c) The User is prohibited from placing, publishing, distributing any advertisements, including the reproduction in the Game of any links to the pages of the Internet Websites without prior agreement with the Licensor;
d) The User is prohibited from selling, promoting, advertising or agitation for products or services through the Game or the Website;
e) The User is prohibited from conducting research, polls, contests and competitions through the Game or the Website.
5.6. The User is prohibited from performing the following actions related to the use of private (personal) data:
a) Posting on the Website or in the Game home addresses, phone numbers, e-mail addresses, passport data and other personal information of other Users or any third parties without their personal consent to such actions;
b) Intentionally concealing or falsifying personal data required for Registration in the Game;
c) Obtaining, receiving (by automated or other means) or otherwise collecting personal data from other users, including email addresses, or using these data to send spam and flood messages;
d) The Users are prohibited from distributing or deliberately obtaining information that allows access to the accounts (personal accounts) of Users in the Game or on the Website. Distribution of links to third-party resources containing such information, as well as the use of information that allows you to access the accounts of other users in the Game or on the Website of the Game are prohibited;
e) It is forbidden to attempt to obtain a password and other personal account information, or other private information from a participant or any other User of the Game, the Website and/or related services;
f) It is forbidden to accumulate or collect email addresses or other contact information of the Users of the Website or the Game by automated or other means for the purpose of sending unsolicited mail (spam) or other unsolicited information, or for other purposes;
g) in any way, by guessing a password, hacking or other actions, accessing someone else's account (someone else's Personal Page) against the will of the person to whom it belongs;
h) Mislead other Users about his/her identity, using another person's account, deliberately distort the idea of ​​himself/herself, his/her age or his/her relationships with other persons or organizations. The User is prohibited from impersonating another person, as well as to use any form and method of illegal representation, including illegal representation on the Internet.
5.7. It is forbidden to post any information, any objects, the User Materials that violate the exclusive rights or other rights of the Users or third parties to the results of intellectual activity.
5.8. It is forbidden to post any information, data, objects, the User Materials that, in the personal opinion of the Licensor, are undesirable, do not correspond to the goals of creating the Website and the Game, infringe on the interests of the Users or for other reasons are undesirable for posting on the Website and in the Game.
5.9. It is forbidden to upload, transfer or publish pictures, icons, images of game characters, graphic objects, if they were not created by the User personally or for the placement of which the User does not have the permission of the copyright holder.
5.10. It is forbidden to use in the name (nickname) of the game character and/or in the name (pseudonym) of the User any words and/or phrases (made in any language of the world, in any transliteration, regardless of case (lowercase and/or capital letters), regardless of design and font) that mislead (or may mislead) other Users of the Website and the Game regarding whether the given User has the ability (authority and/or rights) to manage (moderate) the Website and/or the Game (or respective sections and or functions and/or content of the Website and/or the Game). In order to illustrate the rule specified in this Clause, examples of words / phrases are given hereinafter, the use of which in the name (nickname) of the game character and/or name (pseudonym) of the User is prohibited. The prohibited names of characters and/or pseudonyms of the Users are "Administrator", "Moderator", "Game Master", "Mega GameMaster", "I am Admin", "Cool Admin" and any other words / phrases derived from the listed words, and also any other words / phrases described in this Clause of the License Agreement.
5.11. By participating in the Game, the User is obliged to follow the instructions and directions of the authorized personnel, as well as to obey the legal requirements of the authorized personnel within the framework of using the capabilities of the Game and/or the Website. It is prohibited to improperly use the resources and capabilities of the customer (user) support service, as well as to draw up and send false reports and / or complaints to the customer (user) support service.
5.12. It is prohibited to damage the business reputation of the Licensor in any way.
5.13. It is strictly forbidden to commit any actions aimed at involving into the civil circulation of personal accounts (accounts) of the Users, the Rights to the Non-Activated Data and Commands, any elements of the Game, the Additional Functionality of the Game, including special game features and/or in-game values, characters in the Game and any other elements of the Game world and/or the game process, the Units of the Volume of Rights, namely:
a) Conclude contracts of sale, exchange, donation and other paid or gratuitous transactions aimed at alienating to third parties the Users’ accounts, the Rights to the Non-Activated Data and Commands, the Additional Functionality of the Game (special Game features and/or in-game values, characters in the Game and any other elements of the Game world and/or the game process), the Units of the Volume of Rights, and it is also forbidden to distribute, communicate information about the User's intention to take the specified actions both by the User himself/herself and by any other third parties.
b) It is prohibited to abuse the placement of trade offers in the Game outside the specialized game chat, if such is provided by the functionality of the Game.
c) It is forbidden to advertise the intention to commit, or to encourage others to make illegal sale, purchase, transfer or joint use of any personal account (account), the Rights to the Non-Activated Data and Commands, the Additional Functionality of the Game (special Game features and/or in-game values, characters in the Game and any other elements of the Game world and/or the game process), the Units of the Volume of Rights in the Game.
5.14. It is forbidden to participate in the Game when one User simultaneously uses two or more Game characters belonging to the same profile, and/or two or more Game characters using one user device (data processing equipment, computer and other electronic device) through which access to the Game can be made.
Section 6. User Materials
6.1. If the User places the User Materials in the Game by recording (reproducing) the User Materials on the Game Server through the Game's functionality, the User guarantees that he/she is the legal owner of the exclusive right to the User Materials or the rights to use the said User Materials.
6.2. Under the terms of this Agreement, the User grants the Licensor the rights to use the User Materials posted by the User on the Game Server through the Game functionality, namely, a simple (non-exclusive) license to use the User Materials posted by the User on the Game Server in the following ways:
- Bringing the User Materials through the Game to the public in such a way that any person can access them from any place and at any time of their choice (bringing to the public);
- Reproduction of the User Materials in the computer memory on the Game Server by recording copies of the User Materials in digital format on the Game Server;
- Technical processing of the User Materials, which means the change, adaptation of the User Materials by converting (translating) copies of the User Materials into any digital formats, changing the size of files containing copies of the User Materials, as well as technical editing of digitized copies of the User Materials;
- Distribution of the User Materials by providing an unlimited number of persons with the technical and actual ability to reproduce (copy) a copy of the User Materials through the Website into the memory of user devices and any other user electronic devices used by the said third parties.
6.3. The period for which the User provides the Licensor with a simple (non-exclusive) license to use the User Materials in accordance with the Clauses 6.2. and 6.3. of this Agreement, is established from the moment the User posted (reproduced) a copy of the relevant User Material on the Game Server through the functionality of the Game and until the corresponding copy of the User Material is removed from the Game Server, regardless of who removed the copy of the User Material — the User or the Licensor. The User has the right at any time to terminate the term for granting a simple (non-exclusive) license and to delete any copy of the User Material posted by the User from the Game Server through the functionality of the Game. In the event that at the time the User deletes a copy of the User Material, a third party makes a lawful use of the given User Material by viewing and/or listening and/or copying (reproducing) the User Material in the manner and on the terms established in this Agreement and in the Game, deletion a copy of the User Material from the Game Server occurs immediately after a third party terminates its lawful use of the corresponding unit of the User Material.
6.4. The User grants the Licensor the rights to use the User Materials specified in the Clause 6.2. of this Agreement, for the use of the User Materials in accordance with this Agreement and the current legislation of the Russian Federation throughout the world without limiting the period of use.
6.5. Granting by the User to the Licensor the right to use the User Materials in accordance with the Clauses 6.1.-6.4. of this Agreement is carried out free of charge, without payment of remuneration to the User, authors, copyright holders of the User Materials.
6.6. The User guarantees that at the time of posting the User Materials on the Game Server, the exclusive right to the User Materials posted by the User on the Game Server, or the rights to use the User Materials posted by the User on the Game Server, necessary for the User to fulfill obligations under this Agreement, belong to the User in full, that the specified rights have not been previously transferred to another person, are not pledged, are not in dispute, under arrest and prohibition and are free from any rights and claims of third parties.
6.7. The User guarantees to the Licensor the settlement of all claims of third parties addressed to the Licensor regarding the use by the Licensor of the rights to the User Materials provided by the User and posted by the User on the Game Server. The User undertakes to protect the Licensor from such claims and reimburse the Licensor for all losses of the Licensor related to such claims, while the User independently and at his/her own expense considers the specified claims, gives reasoned answers to them, and shall in other ways settle such claims. The Licensor undertakes, immediately after receiving claims from third parties, to notify the User of the receipt of such claims by sending an email to the User's email address specified by the User when registering in the Game.
6.8. The Licensor is not responsible for the placement of the User Materials by the User, other information in the Game and on the Website. The Licensor does not verify that the intellectual property rights declared by the User, which are necessary in order to fulfill the User's obligations under this Agreement, belong to the User. Since the User independently posts the User Materials, the Licensor does not check the quality of the Content.
6.9. The Licensor reserves the right not to post the User Materials in the Game and on the Website, stop posting the User Materials previously posted in the Game and on the Website, remove the User Materials from the Game Server or refuse a certain User to post the User Materials without giving reasons and without providing the User with any notifications.
Section 7. Rights and Obligations of the Licensor
7.1. The Licensor has the right, but not the obligation to check the Website, the Game, including chats / forums / communities, as well as the User Personal Page and the Private Messages, in order to identify / check the presence of prohibited materials (moderation). The Licensor has the right to delete, change or move without warning any information, data, objects, the User Materials and/or the Private Messages at its sole discretion, for any reason or no reason, including without any limitation moving, changing or deleting the User Materials, the Private Messages, which, in the opinion of the Licensor, violate this Agreement, current legislation or which may be illegal or may violate this Agreement or may violate the rights of any persons and organizations, may harm or threaten the safety of other Users or third parties, or otherwise violate this Agreement, or placement of which on the Website or in the Game is undesirable.
7.2. In case of violation of this Agreement by the User, the Licensor has the right to unilaterally, at any time for any reason or without giving reasons, with or without prior notice, without being responsible for any harm that may be caused to the User by such action, apply to the User who has violated this Agreement, the following restrictions:
7.2.1. Suspend, restrict or terminate such User's access to all or any of the sections or services of the Website and/or the Game (including chats, forums, etc.);
7.2.2. Delete a game character or the personal account of the User;
7.2.3. Restrict, suspend or completely prohibit (terminate) the User's access to the account (personal account), including by completely excluding the data of the User from the Website and from the Game, terminating this Agreement unilaterally out of court;
7.2.4. Withdraw the special In-Game Features, valuables, items, terminate the User's access to the Additional Functionality of the Game, terminate the Rights to the Non-Activated Data and Commands;
7.2.5. Rename a game character, a community in the Game.
7.3. In case of violation of this Agreement by the User, the Licensor has the right to block the account (Personal Page) of the User, thereby prohibiting the User from any use of the Game, for a limited period or for an unlimited period (indefinitely).
7.4. The Licensor has the right, at the request of the User, solely at his own discretion, to remove the previously established restrictions or prohibition of the User's access to the Game, to remove the blocking of the User's account. Restoring the User's access to the Game is solely the right, but not the responsibility of the Licensor. The Licensor has the right to refuse the User to early remove the imposed restrictions without giving any reason.
If the Licensor decides on the possibility of early removal of the restrictions imposed on the User in accordance with the Clause 7.2. of this Agreement, the Licensor has the right to present the User with a claim for payment in favor of the Licensor of the costs associated with 1) consideration of the User's application to resume access to the Game, as well as 2) the investigation of the circumstances that served as the basis for termination / restriction of access and 3) technical restoration of access, in this case, the amount of compensation is determined solely by the Licensor, taking into account the violation committed by the User, which served as the basis for restricting / terminating access to the Game. In the event that the User is required to reimburse the Licensor's expenses, the User's access to the Game is restored only after the User pays the specified amount of compensation in the amount effective at the time the User submits a request to restore access to the Game. Information on the amount of compensation is brought to the attention of the User by the Licensor individually in each case through the Game's technical support service. In the specified cases, the amount of compensation is debited by the Licensor from the User Balance of the User in the Game until the restrictions imposed on the User, as a result of violation of this Agreement, are lifted.
7.5. Recovering the User's lost password to gain access to the Game is a Paid service and is subject to the Licensor's provision to the User only if paid in the manner and on the terms posted in the Game and/or communicated to the User by the Licensor's customer support service.
7.6. The Licensor manages the Website, the Game and the game processes independently or with the involvement of third parties solely at its own discretion, in connection with which the Licensor has the right at any time to suspend, complete the game process and provide access to the Game, as well as the Licensor has the right to amend the rules of the Game, make changes in game logic without prior or subsequent special notification of the Users about such changes.
7.7. The Licensor has the right to send out (send) messages of a technical, informational and advertising nature to the User. By accepting the terms of this Agreement, the User agrees to receive all technical, informational and advertising messages from the Licensor.
7.8. The User agrees to receive advertising from the Licensor, as well as informational messages in any form through the use of mobile radiotelephone communication and e-mail, as well as through any other means and means of communication, including various instant messengers.
7.9. The Licensor has the right to post any information, including advertising, on any Website Pages and in any sections of the Game, including the User Personal Page.
7.10. The Licensor has the right to prohibit automatic access to its services, as well as to stop receiving any information generated automatically (for example, automatic mailing newsletters, including advertising ones). The Licensor, at its discretion, has the right to block access to networks that violate the principles of interaction.
7.11. The Licensor has the right to terminate the Registration (login and password) of the User and remove the User Materials from the Game Server, as well as delete (cancel) all or respective game characters of the User if the User does not use his/her account, all or respective game characters for 90 (ninety) consecutive calendar days.
Section 8. Limitation of Licensor's Liability
8.1. The Users' access to the Website and the Game, as well as the use of the Game, is carried out through the World Wide Web through user devices using the User Client or through a connection to the Server Part of the Game hosted on the Game Server. The Game is provided on an "as is" basis, in connection with which the User is not provided with guarantees that the Game will meet the requirements / expectations of the User and/or that the Game will be provided without interruption, of high quality, continuously, without errors. During the functioning of the Website and the Game, failures, errors, interruptions caused by technical reasons are allowed. The Licensor is not responsible for non-fulfillment or improper fulfillment of its obligations due to failures in telecommunication and energy networks, actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and/or disabling the software and/or hardware complex.
8.2. The Licensor is not responsible for the quality, speed of communication. For all questions related to interruptions in the provision of communication services, stability and speed of communication, as well as on other technical issues related to the provision of communication services, it is necessary to direct an inquiry to the relevant communication operator, the user of which is the User.
8.3. The Licensor under no circumstances shall compensate the User for any losses that may be caused to the User by not providing or improperly providing the User with access to the resources of the Website and/or the Game.
8.4. Under no circumstances the Licensor shall reimburse the User for any losses that may be caused to the User by stopping the User's access to the Game or to certain functionalities, services of the Game, as well as blocking the User's account (Personal Page) and/or the User's game characters in the event of violation by the User of the terms of this Agreement, as well as in the event that the Licensor stops providing access to the Website and/or the Game or the Licensor stops providing access to the Additional Functionality of the Game, as well as termination of the Rights to the Non-Activated Data and Commands.
8.5. If the Licensor grants the Rights to the Non-Activated Data and Commands, the Licensor's liability is limited to the amount of the License Fee paid by the User for the corresponding volume of Rights to the Non-Activated Data and Commands, if the license for their use was not granted to the User or was provided in violation of this Agreement.
8.6. The Licensor is not responsible for the fulfillment of obligations and actions performed by payment agents (including payment systems, financial institutions, banks, mobile (radiotelephone) communication operators and others) through which the User pays the License Fee.
8.7. The Licensor is not responsible for the disclosure of the User's personal data in the event that such data became known to third parties as a result of the User's actions, including as a result of posting them by the User on the Website or in the Game sections (including, but not limited to the following, in chats, on forums, in the Private Messages).
8.8. The Licensor has the right to transfer the information received from the User to third parties only in cases provided for by applicable law, this Agreement, and the Privacy Policy.
8.9. If the User accesses the Game through the resources of third parties, including social networks, the Licensor is not responsible for the violation by such third parties of their obligations, as well as for incorrect work, technical failures, and the inaccessibility of the given resources. When using the resources of third parties, despite the fact that such resources may be technically or organizationally related to the Game and/or the Website of the Game, the User is obliged to act in accordance with the relevant agreements, rules, policies governing the use of such resources.
Section 9. Third Parties’ Materials Posted in the Game
9.1. The Game contains (or may contain) links to other Internet Websites, as well as links to third-party resources.
9.2. If the User decides to leave the Game and the Website and go to third-party websites or use or install third-party programs, he/she does so at his/her own discretion and at his/her own risk. In further relations, the User shall be guided by the applicable rules and policies, including the business customs of those persons whose materials he/she uses.
9.3. The User does not have the right to copy (reproduce), distribute (sell, alienate in any other way, rent, import) or otherwise use the Materials of other Users, as well as the Game (including any of its elements) and other results of intellectual activity of third parties posted on the Website / in the Game / on the Game Server without obtaining the appropriate permissions from the copyright holders in a form that complies with applicable law.
Section 10. The Use of the User Part of the Game (User Client)
10.1. The Licensor provides the User with access to the User Client for the purpose of limited use by the User of the User Client solely by copying (reproducing) in the memory of the Mobile Terminal or other user electronic device used by the User, solely for the purpose of ensuring interaction of the User with the Server Part of the Game hosted on the Game Server, for providing the User with access to the Game and the Additional Functionality of the Game.
10.2. The User is not entitled to distribute (including, sell, alienate in any other way, exchange, import, rent) for free or for a fee, modify, decompile, otherwise process or alter the User Client, use the User Client in any other way and for other purposes , with the exception of those expressly provided for in this Agreement, and the User is not entitled to authorize third parties to perform the specified actions.
10.3. The Licensor does not guarantee that the User Client will be compatible with the user device of the User and that the User Client can be used by the User using the user device of the User. The Licensor is not responsible for the consequences and does not reimburse the User for losses that are caused (or may be caused) to the User, third parties or the property of the User, the property of third parties (including errors, failures and breakdowns in the operation of the user device, including its software, including loss of data, system failures, production disruptions) erroneous (incorrect) installation or launch of the User Client on the user device or other technical device, as well as the incorrect (including, inappropriate) use of the User Client, incompatibility of the technical parameters of the User Client and the user device or low (not meeting the requirements of the manufacturer of the User Client) technical characteristics of the user device.
Section 11. Granting to the User the Rights to the Non-Activated Data and Commands
11.1. At the request of the User, if the Licensor has technical and actual capabilities, the Licensor grants to the User, on a reimbursable basis, the Right to the Non-Activated Data and Commands for obtaining certain results in the Game with their help. Such results mean, inter alia, the Additional Functionality of the Game, which allows the User to use additional, extended, special features of the Game (abilities of the game character, privileges, special game items, cards, quests, etc.). In particular, as a result of using such opportunities in the Game, the characteristics of the game character are improved, the game character is developed, the User's character acquires in-game artifacts (objects, things, properties). The game values ​​are intangible and can be used by the User only within the framework of the Game during the game process.
11.2. The Right to the Non-Activated Data and Commands is provided by the Licensor to the User under the terms of a simple (non-exclusive) license for a fee and in the amount determined by this Agreement, based on the amount of such payment.
11.3. The payment of the License Fee for granting the Rights to the Non-Activated Data and Commands is carried out by the User in cash in the currency of the respective territory of the User's location. The price of one Unit of the Volume of Rights is the amount indicated on the Internet Website Page for replenishing the User Balance of the User in the Game. The price of one Unit of the Volume of Rights may be changed by the Licensor unilaterally at any time without prior or subsequent notification of the User.
11.4. The User has the right to use the Non-Activated Data and Commands, freely exchanging the received Units of the Volume of Rights for any game values ​​that are part of the Additional Functionality of the Game, in accordance with the functionality of the Game. The game values ​​obtained in this way are subsequently used by the User on an equal basis with other game values ​​acquired by the User during the Game in accordance with the rules of the Game. The Licensor is not responsible for the loss (expenditure) by the game character of the User of such game values ​​during the game process (theft, destruction, exhaustion, etc.) in accordance with the rules of the Game.
11.5. The User acknowledges and agrees that during the game process, access of the game character controlled by the User to the Non-Activated Data and Commands may be terminated in accordance with this Agreement (as a result of their consumption, theft by other game characters, suspension / termination of access to the Game, etc.). or for other reasons, and this is not a basis for the User to present to the Licensor requirements related to the return of the License Fee paid by the User for the Rights to the Non-Activated Data and Commands.
11.6. The moment of granting the Rights to the Non-Activated Data and Commands is the moment when the number of Units of the Volume of Rights paid by the User is reflected on the User Balance of the User in the Game.
11.7. The Rights to the Non-Activated Data and Commands are provided to the User for the duration of this Agreement, unless the exhaustion of the granted volume of rights occurs earlier.
11.8. When the User registers in the Game, the Licensor automatically generates for such User the User Balance, which is a section of the personal account, through which the Licensor records the Units of the Volume of Rights purchased (paid) by the User and transactions made by the User within the framework of the Game for the purchase of the Additional Functionality of the Game.
11.9. The methods and terms of payment of the License Fee for granting the Rights to the Non-Activated Data and Commands through payment systems, as well as using other means of payment (including payment through payment terminals, electronic payment systems and mobile (radiotelephone) communication services) are published by the Licensor on the corresponding Website Page of the Game. The payment of the License Fee to the Licensor by the User is made by the User by transferring funds through supported payment systems to the Licensor's settlement account. The list of payment systems available for payment, payment methods is given on the Website of the Game and is provided to the User's attention every time before making a payment.
11.10. When paying the License Fee, the User undertakes to follow the payment instructions regarding the procedure and methods of payment. Acceptance of payments from the Users and their subsequent transfer to the Licensor's settlement account is carried out by third parties (payment agents, including payment systems, mobile (radiotelephone) communication operators, and others), in connection with which the Licensor is not responsible for the correct and timely crediting of the funds paid by the Users against the payment of the License Fee. The User independently ensures the correctness and completeness of the information provided when making a payment to the relevant payment agent, including ensuring the correct set (observing the input language and register) of SMS messages, indicating code words and commands, indicating the details and personal data of the payer, indicating the payment amount. The Licensor is not responsible and does not reimburse the User for losses caused to the User in connection with errors, inaccuracies made by the User when making a payment.
11.11. The User is granted the Rights to the Non-Activated Data and Commands only on condition that the User has made the full advance payment of the License Fee in accordance with the terms of this Agreement. Until the confirmation of the payment of the License Fee is received by the Licensor, the Licensor has the right not to grant such rights to the User.
11.12. In the event that, as a result of a technical error or failure of the Game, or deliberate actions of the User and/or third parties, the User has gained access to the Non-Activated Data and Commands without acquiring the right to use in the manner prescribed by this Agreement, the User undertakes to inform the Licensor about this fact and pay to the Licensor the License Fee in full, or eliminate all consequences of the unlawful use of the Rights to the Non-Activated Data and Commands. The Licensor has the right to independently eliminate such consequences without notifying the User (including withdrawing in-game values, lowering the character's level, etc.).
11.3. The User is obliged to keep the documents confirming the payment of the License Fee by the User during the entire period of the User's use of the Game, as well as for 3 (three) years after the end of the User's use of the Game, and upon the Licensor's request, provide the Licensor with such documents, as well as information on the circumstances of the payment made by the User.
11.14. In the context of providing access to the Game and granting the Rights to the Non-Activated Data and Commands, in particular, no third parties are authorized to provide the Users with the Right to Use the Game and/or the Rights to the Non-Activated Data and Commands, as well as to collect the License Fee on their own behalf, in this connection no proposals of third parties for granting the Rights to the Non-Activated Data and Commands can be regarded by the User as proposals coming from the Licensor.
11.15. In the event of disputable, unclear situations, or sending to the User any proposals of third parties related to the payment of the License Fee or granting the Rights to the Non-Activated Data and Commands, or posting such ads and offers on the Internet, except for the Licensor's Websites and posted from name of the Licensor, the User is obliged to immediately notify the Licensor.
If the User, in violation of the terms of the first paragraph of this Clause 11.15. of the Agreement, made a payment for the specified announcement using the details specified in such an announcement, the User's claims to the Licensor regarding the User's failure to grant the Rights to the Non-Activated Data and Commands and/or the User's lack of access to the Additional Functionality of the Game are not accepted, and the Licensor does not compensate the User for funds paid by the User under such circumstances to a third party.
11.16. If the Licensor determines that the User gets access to the Additional Functionality of the Game from third parties, the Licensor has the right, at its discretion, to either suspend, or restrict, or terminate the User's access to the Game and/or to the Additional Functionality of the Game.
11.17. Obtaining the Rights to the Non-Activated Data and Commands does not release the User from complying with this Agreement, as well as from applying any measures specified in this Agreement to the User, including full or partial refusal of the Licensor to further provide access to the Game. In this case, the Licensor does not compensate the User for the cost of the acquired the Rights to the Non-Activated Data and Commands.
11.18. The User confirms and guarantees to the Licensor that he/she has the right to use the means and methods of payment chosen by him/her to pay the License Fee, without violating the legislation of the Russian Federation and/or the legislation of another country of which the User is a citizen and/or in whose territory the User temporarily or permanently stays. The Licensor is not responsible for possible damage to third parties and/or other Users caused as a result of the use by the User of means of payment that do not belong to the User.
11.19. The Licensor is not responsible for possible illegal actions of the User when the User makes a payment towards the payment of the License Fee. The Licensor reserves the right to unilaterally suspend or terminate the User's access to the Game if there is a suspicion that the User has committed illegal actions.
11.20. If the Licensor has reason to believe that the User commits unlawful actions or fraudulent actions related to the payment of the License Fee, the Licensor has the right to transfer the relevant information to law enforcement agencies for verification of this fact.
11.21. Specifics of payment by the User of the License Fee using bank cards:
11.21.1. Bank card transactions are performed by the cardholder.
11.21.2. Bank card transactions are authorized by a bank. If the bank has reason to believe that the operation is fraudulent, then the bank has the right to refuse to carry out the given operation. Fraudulent transactions with bank cards are a criminal offense.
11.21.3. In order to avoid cases of fraud when paying by bank cards, payments made by bank card may be verified by the Licensor. The User as a cardholder who made such a payment is obliged, upon request from the Licensor, to provide a copy of the documents necessary for the Licensor and/or the bank to confirm the legitimate use of the bank card. If the User fails to submit the requested documents within 14 (fourteen) days from the date of payment or if there is any doubt about their authenticity, the Licensor has the right to suspend the provision of the User with access to the Game or the Rights to the Non-Activated Data and Commands.
11.22. The User independently and at his/her own expense pays all commissions, fees, payments collected (withheld) by third parties (payment agents, including payment systems, mobile (radiotelephone) communication operators and others) when receiving and transferring funds to the Licensor in order to pay the License Fee.
11.23. The User undertakes not to disclose to third parties the login and password specified during Registration in the Game. If the User has any suspicions about the security of his/her login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Licensor by contacting the customer support service in accordance with the contact information posted in the Game and on the Website of the Game.
11.24. The Licensor has the right, within the limits established by applicable law, to receive, collect, store and use information (including personal data of Users) necessary for the Licensor to fulfill its obligations, including meeting the requirements of consumer protection legislation.
11.25. The License Fee paid by the Licensee, as a general rule, is not returned to the User. If the Licensor is obliged, according to the legislation of the Russian Federation, to return the License Fee to the User, such License Fee (or part of it) shall be refunded only in the amount within which the User was not granted the Rights to the Non-Activated Data and Commands, and only in cases , directly provided for by the current legislation of the Russian Federation, exclusively to the person (payer) from whom they were received by the Licensor, by transfer to a bank account or by postal order. Refunds are made within 10 (ten) banking days from the moment the Licensor receives the relevant application from the User in writing with the obligatory attachment of a copy of the User's passport (or other document proving the User's identity), unless a shorter period is established by the legislation of the Russian Federation. The passport data of the person to whom the money is refunded, as well as the postal address and/or payment details required to make the payment, are indicated by the User in the corresponding application in writing. After the User is granted the Right to the Non-Activated Data and Commands, the User will not be refunded the funds, regardless of the actual use (nonuse) of the Non-Activated Data and Commands by the User.
11.26. In the event that the User acquires the Units of the Volume of Rights by paying for them with conventional payment units ("virtual currency", units of accounting for the volume of services / rights, as well as other means of payment issued by third parties), if such an option is provided for by the payment terms posted in the appropriate section in the Game, such payment is carried out in accordance with the rules, conditions, agreements on the use of such conventional payment units, established by the relevant resources that issued and ensure the circulation of such conventional payment units. The Licensor is not responsible for possible errors that may be made by a third-party resource when calculating, writing off the specified conventional payment units when the User acquires the Units of the Volume of Rights in the Game.
12. Territory and Term of the Agreement
12.1. The User has the Right to Use the Game, including the Activated Data and Commands and the Non-Activated Data and Commands within the limits and under the conditions established by this Agreement, in all countries of the world.
12.2. The Agreement between the Parties comes into force from the moment of its conclusion in the manner prescribed by this Agreement and is valid for 1 (one) year. The Agreement is automatically extended for every next 6 (six) months, unless it was terminated at the initiative of one of the Parties by sending a corresponding notification to the other Party at least 30 (thirty) calendar days before the expiration of the Agreement. In the event of termination of the Agreement in the specified order, the Licensor does not return any money to the User and does not make other compensations, including losses of any kind.
12.3. In the event that changes are made to the Agreement, such changes come into force from the moment the new version of the Agreement is posted on the web address https://en.vmmo.ru/agreement, unless another date for their entry into force is specified in the Agreement or in the corresponding notification of changes. In the event that the Licensor changes the Agreement, the use of the Game or the Website by any means or taking by the User other actions related to the use of the Game or the Website after the changes come into force means the User agrees with the specified changes and agrees to execute the Agreement on new terms. The User is not released from fulfilling obligations and from liability for violation of the Agreement if such obligations or responsibilities are provided for by the Agreement, taking into account the changes made to it, including if the User has not read the changes in the Agreement.
12.4. The User is not entitled to use the Game and the Website if he/she does not agree with the changes made to the Agreement. In this case, the User has the right to refuse to execute the Agreement unilaterally within 10 (ten) calendar days after posting a publication about changes to the Agreement or sending a notification by e-mail or in the Game. If a decision is made to refuse to execute the Agreement, the User is obliged to send the Licensor a notification of the refusal to execute the Agreement by e-mail. If within the above-mentioned period the User has not sent a corresponding notification, the User is deemed to have accepted the terms of this Agreement, taking into account the changes made to it.
After receiving a notification from the User about the refusal to fulfill the Agreement, the Licensor suspends the User's access to the Game, including by blocking or deleting the User Personal Page. At the same time, the Licensor does not return any funds to the User and does not make other compensations, including losses of any kind.
12.5. The Licensor has the right at any time to refuse to execute this Agreement unilaterally out of court, which entails early termination of this Agreement, with the termination of the ability to use the Game and the Website, including the Activated Data and Commands and the Non-Activated Data and Commands, as well as other components of the Game and the Website, in the following order:
12.5.1. In the event of the closure and (or) termination of support for the Game or the Website, the Licensor is obliged at least 90 (ninety) calendar days before the date of termination of support for the Game or the Website to send a notice to the User or publish a notice in the Game or on the Website. In this case, the Licensor does not pay the User any compensation and, among other things, does not return to the User the License Fee for granting the Rights to the Non-Activated Data and Commands and does not pay their monetary equivalent.
12.5.2. In the event of a significant one-time or any repeated violation by the User of the terms of this Agreement and other documents binding on the Parties, the Licensor has the right to refuse to execute this Agreement unilaterally out of court without sending any notification to the User. In this case, the Licensor does not pay the User any compensation and, among other things, does not return to the User the License Fee for granting the Rights to the Non-Activated Data and Commands and does not reimburse the User for their monetary equivalent.
12.6. The User has the right at any time without notice to the Licensor to refuse to execute this Agreement in full unilaterally out of court, provided that the User stops using the Game and the Website, including any of their elements and components, and the User Client is removed from the memory of the user device of the User.
The User's refusal from the Agreement can be carried out by removing the Personal Page from the Game and/or from the Website, while retaining the obligations and responsibilities of the User that arose before the User performed the specified actions. In this case, access to the Activated Data and Commends and the Non-Activated Data and Commands provided to the User may be terminated by the Licensor without the possibility of restoration. In this case, the Licensor does not pay the User any compensation and, among other things, does not return to the User the License Fee for granting the Rights to the Non-Activated Data and Commands and does not reimburse the User for their monetary equivalent.
12.7. The User confirms that the Licensor has the unconditional right to unilaterally change the terms of the documents that are binding for the Parties, specified in this Agreement, and that such changes are not changes to this Agreement.
The binding documents are approved, supplemented and changed by the Licensor at its own discretion and brought to the attention of the User in the manner prescribed for notifying the Licensee of the change of this Agreement.
12.8. The Licensor does not assume any obligations and does not give any guarantees, in accordance with which the Licensor would undertake the obligation to support and develop, as well as to ensure the implementation of interactive functions and services in the Game throughout the Game’s existence.
12.9. The Licensor has the right at any time without notifying the User and without explaining the reasons unilaterally out of court with immediate termination of access and the ability to use the Game and without reimbursement of any costs, losses or return of the License Agreement and without paying the User a cash equivalent of the Rights to the Non-Activated Data and Commands to:
- Close the Game;
- Terminate and/or suspend access to the Game and/or the Non-Activated Data and Commands in the Game, as well as stop serving the Game;
- Cancel the validity of this edition of the Agreement by setting out the Agreement in a new edition and recognizing that it is necessary to conclude an Agreement with the User in a new edition;
- Cancel and/or suspend the User's access to the Game and/or the Additional Functionality of the Game, including in the event of a single or multiple violation by the User of this Agreement and/or the rules of the Game;
- Cancel and/or suspend the User's access to the Game and/or the Additional Functionality of the Game, including by deleting the User's account.
12.10. The User acknowledges and agrees that the exclusive right in full to the Game, including various language versions of the Game translated into different languages, including all elements, components of the Game, such as game characters, game items and accessories, in-game values, audiovisual displays, graphic images, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content of the Game and other components of the Game belongs to the Licensor or other legal holder of rights, unless otherwise explicitly stated in the Agreement, on the Website of the Game or in the Game.
12.11. The invalidity of one or several provisions of the Agreement, recognized in the prescribed manner by a court decision that has entered into force, does not entail for the Parties the invalidity of the Agreement as a whole. In the event that one or several provisions of the Agreement are recognized as invalid in the prescribed manner, the Parties undertake to fulfill their obligations under the Agreement in a manner that is as close as possible to those implied by the Parties when concluding and/or agreeing to amend the Agreement.
12.12. This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
12.13. All disputes between the Parties in relation to this Agreement shall be resolved through correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach agreement between the Parties through negotiations within sixty (60) calendar days from the moment the other Party receives a written claim, consideration of the dispute may be referred by any interested party to the court at the place of registration of the Licensor in accordance with the procedural and substantive law of the Russian Federation, for exception of conflict of laws rules. The provisions of this Clause of the Agreement are recognized as a condition agreed by the Parties on the contractual jurisdiction of disputes arising in connection with the execution of this Agreement to the court of the Russian Federation at the place of registration of the Licensor, regardless of the subject composition of the Parties to the dispute.
12.14. Any notifications, unless otherwise provided for by the Agreement, may be sent by one Party to the other Party: 1) By e-mail a) To the e-mail address of the User specified by him/her when registering on the Website / in the Game, if the recipient is the Licensee, and b) To the email address of the Licensor from the email address of the User specified by him/her during registration; 2) Sending an electronic message to the User in the Game.
12.15. This Agreement and any published changes to this Agreement are in full force and effect and remain in effect for the entire period of the use of the Website or the Game by the User, regardless of the User's registration in the Game.
Annex to the License Agreement
Privacy Policy
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