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TERMS OF SERVICE
PLEASE DO NOT PLAY, USE THIS GAME/SERVICES IF YOU HAVE A HISTORY OF EPILEPSY AS IT MAY CAUSE SEIZURES
Effective from 29.08.2024, 2024
These Terms of Service (“Terms / Terms of Service”, “Agreement”) constitute a legal agreement between You (“User” and/or “You”) and LongWay Interactive (“Company”, “We”, “Us”).
These Terms of Service apply to download, access and/or use of any Game(s) as specified below in the text of these Terms, You purchase within our software.
These Terms of Service also apply to any other services that Company may provide in relation to the Games, such as customer support, or websites dedicated to Games (collectively as the “Website(s)” in these Terms), such as operating social media, community channels and other websites (We also could refer to all our Games and other services collectively as the “Services” in these Terms).
YOU MAY USE THESE SERVICES AND/OR GAMES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF SERVICES CONTAINED HEREIN. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THESE SERVICES AND/OR GAMES.
IN CASE YOU USE OUR SERVICES AND/OR GAMES, YOU CONSENT THAT YOU HAVE READ, UNDERSTOOD, AGREED AND ACCEPT THESE TERMS AND THAT YOU UNDERTAKE TO COMPLY WITH ITS PROVISIONS AND BE RESPONSIBLE IN CASE OF THEIR VIOLATION.
BY CONTINIOUS USE SERVICES AND/OR GAMES YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE STOP THE USE OF THE SERVICES AND/OR THE GAMES AND YOU WILL NOT BECOME A PARTY TO THIS AGREEMENT.
1. TERMS AND DEFINITIONS
Words and phrases used in these Terms of Service have the following meaning unless otherwise expressly specified:
1.1. Acceptance of these Terms of Service means the actions of the User which demonstrate the User’s consent to be bound by the Terms of the Service and after which the agreement between the User and the Company is deemed to be concluded on the conditions of the Terms.
1.2. Account means personal section of the Game, to which the User gets access after the registration or logging in. Account is intended for keeping personal data of the User and for managing the accessible options of the Game.
1.3. Agreement means the text of this document with all its annexes, amendments and addendums displayed while authorization and installation processes of the Game or during the start of its using.
1.4. Application Store(s) means application stores, including Steam - an online digital distribution service for computer games and software developed and maintained by Valve, located on the Internet at: //014216.com, via which the User can download the Game Client and purchase In-Game Objects. The Company may further make the Game available in any Application Stores.
1.5. Content means any information materials, including texts, graphics, audio-visual and other materials. The use of the Game grants the User an access to the Content of the Game. The use of the Website gives the User access to the Content of the Website.
1.6. Device means any personal computer or other device, including but not limited, a mobile phone, smartphone, tablet, another device, which allows using the Games according to its functional purpose.
1.7. End User (User) means a person who entered into this Agreement with the Company for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.
1.8. End User Content means any Content (including any audiovisual works) created by the User for entertainment purposes only in the Game using its functionality.
1.9. Game(s) means set of software, databases, downloadable Client software and any respective updates thereof, In-Game virtual Objects and currency, any virtual items and other interactive or entertainment Content in the form of a PC game, developed and/or published by the Company, intended for installation and use on the Device by Users and accessible via various platform, including, Applications Stores, social networks, standalone web sites through the Company’s account; in respect of which You and Company agreed to enter into this Agreement.
1.10. Game Client means software essential for the use of the Game which is distributed via the Application Stores and that is installed on the Device.
1.11. In-Game Objects mean virtual objects in the Game that include in-game currency, items kits, weapons, etc.
This Agreement could use other terms and definitions not stipulates in this paragraph 1 hereof. In this case such term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.
2. THE MOMENT OF ACCEPTANCE OF THE TERMS OF SERVICE
2.1. The User accepts the Terms by inputting the choice to accept them in the Game, or by using the Game and/or Services or accessing the Website. At the moment of Acceptance of the Terms of Service, the Agreement is deemed to be concluded between the User and the Company. In case the User does not agree with the Terms of Service, the User shall immediately stop using the Game and/or Services and delete the Game Client from the Device or stop using the Website immediately.
2.2. Acceptance of the Terms of Service means that the User confirms that the User has reached the age of eighteen (18) years or any other age of majority under Your applicable law. If the User has not reached this age, the Terms of Service may be accepted by the User’s legal guardian, otherwise the User shall stop using the Game and/or Services and delete the Game Client from the Device or stop using the Website immediately.
3. LICENSE
3.1. Upon Acceptance of the Terms, the Company grants the User a right to use the Game, in their current version under the terms of a non-exclusive license on the territory of all countries of the world during the term of the Agreement as well as grants the User access to other Services related to the Game.
3.2. The User has the right to use the Game within the limits permitted by the Company, namely:
3.2.1. Reproduce the Game Client by installing it on the Device, authorization or any other use of the Game;
3.2.2. Use the Game for entertainment, non-commercial purposes, for which the User has the right to:
i) create and delete an Account;
ii) perform launch, installation and running of program applications of the Game or activation of additional commands and codes;
iii) get access to a selection of additional tools for the extended functionality of the Game, including but not limited for the purchase of In-Game Objects, any extensions and other objects for an additional fee for the price set by the Company and use them to achieve the result determined by the gameplay of the Game;
iv) use the software capabilities of the Game to achieve the result determined by the gameplay of the Game;
v) use the Game in other ways permitted by the Company in these Terms of Service;
vi) use customer support Services;
vii) shoot videos, broadcast, stream the process of using the Game, as well as publish it on the Internet on any sites not prohibited by law.
3.3. The User has no right to independently or with the involvement of third parties to:
3.3.1. Copy (reproduce), in any form and method, the computer programs and databases included in the Game, including any of their elements and information, without obtaining the prior written consent of the Company;
3.3.2. Emulate, decompile, disassemble, decrypt, reverse engineer and perform other similar actions with the Game that allow the User to access the source code of the Game or to change it, as well as create software products and / or services using the Game and elements contained therein without obtaining the prior consent of the Company as well as develop, distribute or use "cheat utility" software (allowing to obtain advantages fraudulently);
3.3.3. Delete or in any way modify the trademarks and copyright notices and any other rights included in the Game;
3.3.4. Distribute for commercial or non-commercial purposes the Game Client or its copies in any way;
3.3.5. Distribute for commercial or non-commercial purposes In-Game Objects and other intellectual property from the Game without written permission of the Company;
3.3.6. Use the Game in ways which are not provided in these Terms of Service and which are beyond the normal gameplay;
3.3.7. Use or copy the Games’ titles, characters, texts and audio- and video-materials or any other intellectual property contained in the Games for the purposes other than use of the services in accordance with Clause 3.2 of the Terms of Service.
3.4. The User has the right to purchase access to the In-Game Objects the license fee payments could be made using payment methods and payment services stipulated on the moment of license obtaining. Certain In-Game Objects specified by the Company in the Game itself or otherwise may be available to the User free of charge.
3.5. Any license fees are not eligible for a refund after the purchase has been processed. If You subscribed to the version of the Game through the Application Store and need to request a refund, please contact such Application Store directly.
3.6. Any rights and ways of use of the Game are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Company.
3.7. Nothing in the Agreement should be interpreted as the sale, transfer of any property, non-property rights from the Company to the User. The Company grants the User only a limited right to use the Game, in accordance with the terms of the Agreement.
4. THE RESTRICTIONS AND CONDITIONS OF THE GAME’S USING
4.1. As the Games may have multiplayer features, in order to access the Game’s features in full, the User shall have a stable Internet connection. The Company is not liable for any impediments in use of the Games arising out of problems with the Internet connection.
4.2. The Company has the right to use various technical means to prevent the User’s use of software designed to hack the Game (“сheats”, “hacks”). The choice of such technical means is made by the Company independently.
4.3. The Company has the right to set limits on the extent and composition of information entered by the User in the Games, as well as provide other technical restrictions on the use of the Game, including setting the rules of the Games’ use unilaterally. Users will be notified from time to time about the new restrictions in the form and method chosen by the Company.
4.4. The User has no right to carry out transactions in relation to the Account, sell it or transfer it in any other way to other users of the Games without the prior written consent of the Company.
4.5. The specific game rules, that may be found within the Games, gaming policies, code of conduct, restrictions and guidelines stated herein constitute the Game Rules. Game Rules may be also presented in the form of tutorials, FAQ section or any other form, and constitute an integral part of these Terms. You agree that You shall comply with them in respect to each individual Game, You choose to access and/or play.
4.6. There may be times when our Games or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. This shall not serve as a basis for Company’s liability in any form.
4.7. The functionality of the Game, is a subject of the Company's sole discretion and may be changed from time to time;
4.8. User acknowledges and accepts that Company may collect and store the End User Content for a time. Such works are not Personal Information. User grants Company with limited non-exclusive royalty-free right to collect, store and analyze the End User Content and solely for the purposes of improvement and further development of the Game. The exclusive rights to the End Content belong to the User. The Company will delete any User related data upon request.
4.9. The User has no right to, independently or employing any third parties, do the following:
4.9.1. In any manner, form and method copy (reproduce) the computer programs and databases being a part of the Game, including any of their elements and information, without obtaining the prior written consent of the Company;
4.9.2. Emulate, decompile, disassemble, decrypt, reverse engineer and perform other similar actions with the Game that allow the User to access the source code of the Game or to change it, as well as create software products and / or services using the Game and elements contained therein without obtaining the prior consent of the Company as well as develop, distribute or use "cheat utility" software (allowing to obtain advantages fraudulently);
4.9.3. Remove or in any way modify the trademarks and copyright notices and any other rights included in the Game;
4.9.4. Distribute for commercial or non-commercial purposes the Game Client or its copies in any way, including sublicense the Game or its parts, or perform any other actions that are not expressly provided for by this Agreement;
4.9.5. Distribute for commercial or non-commercial purposes In-Game Objects and other intellectual property from the Game without written permission of the Company;
4.9.6. Use the Game in ways which are not provided in these Terms of Service and which are beyond the normal gameplay;
4.9.7. Use the materials that are subjects of personal non-property rights or intellectual property rights of a third party (e. g. images of individuals, other images, music, texts) without permission of such third party;
4.9.8. Use or copy the Games’ titles, characters, texts and audio- and video-materials or any other intellectual property contained in the Games for the purposes other than use of the services in accordance with Clause 3.2 of the Terms of Service.
4.10. User is strictly prohibited from use of Game for creation and/or distribution of the End User Content that:
4.10.1. are illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;
4.10.2. violate personal non-property rights or intellectual property rights,
4.10.3. otherwise violate provisions of applicable law as well as common moral and ethical standards.
4.11. Age restrictions and access by the minors:
4.11.1. If You are under eighteen (18) years old or any other age of majority under Your applicable law, You should review these Terms of Service with the assistance of Your parent or guardian. In this case, it is a parent or a legal guardian that accepts the Terms of Service on Your behalf. All actions of the person under the age of majority shall be attributed to a respective parent or legal guardian.
4.11.2. If You are a parent or guardian, We recommend that You monitor the play and web activities of the minors, in particular, online activities, and become familiar with the parental control options that may be provided by Us and / or our partners.
4.11.3. We may restrict access to the Services based on age, and minors under a certain age may be allowed to access the Services only with the consent of their parent or guardian. The age rating for the Games is determined and specified by the Company in Application Stores, in particular – in Steam.
4.11.4. To the extent permitted by law, We do not accept any responsibility for any act that may be committed by minors without the permission of their parents or legal guardians. In all cases, any use of the Services by minors is the responsibility of their parents or legal guardians. If You are a parent or legal guardian, by giving the minor permission to use the Services, You thereby agree to the Terms of Service regarding the use of the Services
5. CODE OF CONDUCT
5.1. We offer Users a safe experience with the Games and/or the Services, including Websites. This is especially important to the Company, as the minors may potentially access the Game or the Website. In order to provide Users with a safe experience, the Company has set the following rules.
5.2. A User may only use the the Games and/or the Services for lawful and intended purposes. A User may not use the Games and/or the Services in a manner that violates any applicable law or regulation.
5.3. The following Code of conduct contains a non-exhaustive list of prohibited actions that may lead to an investigation by the Company’s employees, as well as termination of the Agreement with the User who violates these rules:
5.3.1. Creation and use of inappropriate username, clan names, avatar, End User Content and other in-Game user-nameable item or entity that, for example:
i) contain profanity, sexual references or expressions of a hostile mood on any grounds, condoning extremism, terrorism, fascism, racism, nationalism, child abuse. No name shall refer to any aspect of sexual orientation pertaining to themselves or other Users under any circumstances;
have a religious or political connotation or could potentially lead to controversy or disagreement, or
ii) is offensive, defamatory, libelous, threatening, abusive, inappropriate, pornographic, or otherwise unlawful;
iii) is protected by any applicable copyright laws, trademarks, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person;
iv) is an advertisement or solicitation of business, funds, products or services;
v) promote drugs or other illegal substances;
vi) contain information discrediting or offending public officials and/or any state symbol;
vii) contain serial numbers for commercial software products, logins, passwords and other means for obtaining unauthorized access to fee-requiring resources on the Internet;
viii) contain statements or information containing data that may represent a state or official secret or other confidential information;
ix) consist only of real numbers, names, well-known titles;
x) use the character name of another player to falsely represent his or her identity;
xi) reflect, glorify or emulate any real-world group or organization, historical events, sport team, terrorist society, criminal elements, discriminating organizations, other communities bearing a negative connotation or connection to crimes against humanity, facts of discrimination or segregation by nationality, gender or religious principle or their leaders and figureheads (this includes the use of names of real-world military, political or religious groups, religious figures) etc.;
5.3.2. Harassment, threats or intimidation of Users and / or Company’s representatives (i. e. our employees, members of the Game’s or the Service’s community (moderators, testers, etc.)) through any form of communication (including, for example, through the in-game chat or via voice chat and communication), on any medium in the Games. This includes, for example:
i) trolling (placing intentionally controversial posts or posts off topic with the intention to provoke other users);
ii) flaming (constantly insulting others);
iii) spam (posting meaningless or irrelevant messages, or same or similar messages repeatedly);
iv) use of language or content that is inappropriate, illegal, dangerous, threatening, offensive, abusive, obscene, obscene, vulgar, defamatory, personal, hateful, racist, sexist, ethically offensive, or harassing.
5.3.3. Using any means not expressly authorized by us to collect or intercept data from other Users within the Game or the Service. This includes, for example:
i) phishing (an attempt to obtain from any user personal information);
ii) doxing (disclosure or other reproduction or provision of personal information of another user to someone);
iii) online tracking (theft or interception of data by capturing network traffic).
We reserve the right to decide whether any End User Content or Your other actions comply with these Terms, and We may at our sole discretion remove such End User Content, suspend and/or terminate Agreement with the User in question. This Terms may not cover all inappropriate or disallowed actions. We reserve the right to reject any User’s name We conclude, at our sole and absolute discretion, is indecent, obscene, offensive, or that otherwise violates our naming policy or Terms. We reserve the right to examine situations on a case-by-case basis and take whatever action We deem necessary at our sole and absolute discretion. If You see something that You feel violates our Terms, please report it to our customer support . Since We are unable to pre-moderate End User Content, We do not guarantee the accuracy, quality, or integrity of any End User Content communicated via the Games and/or the Services. By using the Games and/or the Services, You acknowledge and accept that You may be exposed to material You might find offensive or objectionable.
Also, the Games and/or the Services may expose You to Content, websites, products and services created or provided by parties other than by the Company ("third-party content"). We do not review, endorse or assume any responsibility for third-party content and shall have no liability to You for access to or use of third-party content. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement does not apply to that third-party content.
5.4. Gaming policy. You agree that Your usage of the Games and/or the Services should be lawful. Thus, You agree not to use, the Games and/or the Services in order to:
5.4.1. upload or transmit malware, meaning the software which contains viruses, corrupted files or data, or any other similar software or elements that may damage the operation of the Games and/or the Services or interrupt any User’s uninterrupted use and enjoyment of the Games and/or the Services;
5.4.2. provide Us or our customer support with false information;
5.4.3. develop, distribute, or promote the software used for cheating in the Games or interfering with their code (hacking, cracking) to gain advantages in the Games;
5.4.4. change the Devices’ system preferences (i.e. time zone or date, or any other credentials) to gain additional advantages in the Games;
5.4.5. exploit the errors or other unintended features in the Games, make any changes, that may give advantages not intended by the Company;
5.4.6. attempt to gain unauthorized access to the servers of the Company;
5.4.7. transmit unauthorized messages through the Games and/or the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
5.4.8. exercise any fraudulent/illegal activity that could lead to false payment in the Games and/or the Services;
5.4.9. attempt to provide the Services to the third parties for a fee or any other consideration;
5.4.10. violate any provisions of the Game Rules and applicable laws or regulations, or promote, or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software or cheats for the Games.
If You notice any suspicious misconduct or misuse of the Services, We encourage You to report it by contacting the customer support.
5.5. Game Rules and penalties. You agree that Your use of the Games and/or the Services should comply with the Game Rules. Game Rules violations may cause Company to impose penalties upon You, including, but not limited to:
5.5.1. in-Game penalties involving no suspension;
5.5.2. temporary and/or permanent suspensions of in-Game functions;
5.5.3. Game access suspension.
In-Game penalties depend on the nature, scope and frequency of Game Rules violations by a User.
5.6. User undertakes:
5.6.1. Independently take measures to ensure the safety of the Account, prevent access to it by third parties.
5.6.2. At the request of the Company’s support service to perform received individually or in recommendations.
5.6.3. As soon as possible to provide the information requested by the Company from the User about the details of previously made payments and other information in order to monitor the User's compliance with the terms of this Agreement.
5.6.4. Immediately inform the Company in any available way about the fact of violation by another User of the terms of this Agreement or technical errors detected in the Game that provide the User with game benefits.
5.6.5. The user is fully responsible for their own messages sent to social media and/or other Users.
5.7. Developer has the right:
5.7.1. Collect and process user data, both personal and statistical (non-personal/depersonalized), according to the personal data processing policy.
5.7.2. Provide the ability to use the Games and/or the Services on the terms listed in this Agreement.
5.7.3. Without prior notice to the User delete any information posted by him within the Games, including, but not limited to user messages in any game chats.
5.7.4. Not to provide the User with evidence of its violations of the terms of this Agreement, as a result of which the User was subjected to measures of influence.
5.7.5. At any time, suspend, limit and/or terminate completely this Agreement with respect to the use of the Games for any User or all Users in General.
6. INTELLECTUAL PROPERTY
6.1. The Company is the sole owner of all property rights - the exclusive right to the Game - a complex object of intellectual rights. The Agreement should not be perceived in any way as alienation, transfer of the exclusive right to the Game to the User. The Company grants the User a limited right of use in accordance with the terms of the Agreement. This right is revocable, the Company may revoke this license.
6.2. Your License to Company. You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, images, designs, graphics, messages and other materials that are transmitted to or via the Websites or to or via the Games ("Materials") are the sole responsibility of the person from whom the Materials originated. "Materials" also includes, but is not limited to, End User Content, such as End Users-created levels or End Users-created artwork, images, designs, storylines, plots and/or songs and related visual representation, which are submitted by You or other Users. This means You and other users, not Company, are entirely responsible for the Materials You transmit to or through the Websites or through Games.
Company has no obligation to monitor Materials submitted by Users, and Company assumes no responsibility for monitoring Materials for illegal or offensive content. Further, You understand that by using the Games, Websites and/or the Services, You may be exposed to Materials that are offensive, objectionable or indecent. If You choose to submit Materials to Company, You agree that by submitting Materials You grant to Company (and its subsidiaries, affiliates, licensees and each of their successors and assigns, and those acting with Company 's authority) an unrestricted, absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, create derivatives in whole or in part, or otherwise use such Materials or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature in any Games and in any of Company's advertising and promotional materials (Materials combined with any work created by Company or another User are known as "Works").
The license You grant to Company allows us to display, perform, exhibit, sell, distribute, transmit or broadcast the Works by any media, technology or other means, including those currently known or become known at a later date, without notice to You attribution or compensation of any kind to You or any third party, and to grant a sublicense to a third party to do any of the same actions with the Works and/or the Materials. You also agree that by submitting Materials You waive all rights to, release Company from, and shall neither sue nor bring any proceeding against Company for any claim or cause of action, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and or exploitation of the Materials or the Works. You warrant that all so-called "moral rights" in the Materials have been waived. You also agree that Company is not obligated to utilize the Materials, and understand that Company may or may not use the Materials in Works.
6.3. To the extent any Materials are accessible, visible or usable by other Users, You also grant all other users the right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, publicly display and publicly perform such Materials, or any portion thereof, in the without any notice, attribution or compensation of any kind to You or any third party; provided, however that the Materials are not derivative works of Company 's intellectual property. You acknowledge that Your chats, postings and other communications with other Users or with us are public and not private communications and that You have no expectation of privacy for or concerning Your use of these communication features of the Game.
6.4. Use and Monitoring; No Endorsement. You may use the Games and/or the Services only for their intended purposes. While Company and is not responsible for the any Content, including any Materials or other messages, information or files transmitted on use the Games and/or the Services, the Company reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such Content, any information or files which Company, in its sole discretion, deems objectionable or otherwise in violation of these Terms, including denying access to the use the Games and/or the Services to anyone at any time. You are hereby notified that Your use the Games and/or the Services constitutes consent to such actions, monitoring and auditing. Company does not endorse any communications made by others through the use the Games or any other communications on the Websites. The User has the right to distribute, publish in any non-prohibited way videos of the passage of the game - the use of the Games.
7. RESPONSIBILITY
7.1. Disclaimer of Warranties. The Games and/or the Services are provided on an “as is” basis, therefore, the User is not provided with any warranties or representations, express or implied, that the Games and/or the Services will meet the User's requirements; will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Games and/or the Services will be accurate and reliable; all bugs in the Games and/or the Services will be fixed. The Company makes no representations, express or implied, and makes no warranties with respect to the information contained in the Games and/or the Services. Without limiting the foregoing, Company hereby disclaims all implied warranties.
The Games and/or the Services may contain links or give access to the sites, resources, or utilities operated by third parties. The Company does not make any direct or indirect representations or warranties regarding such sites, resources, or utilities.
Since the Games and/or the Services may be updated and new functionalities are added to them, form, nature or Content of the Games and/or the Services may change from time to time without prior notification of the User. The Company has the right, at its sole discretion, to terminate (temporarily or permanently) support and / or provision of the Games and/or the Services or their individual elements to Users, including In-Game Objects.
7.2. Health Warning. Certain people may experience a seizure while watching certain monitor images, including flashing lights or patterns that may appear while playing video/online games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause photosensitive epileptic seizures while playing video games. These seizures may have a variety of symptoms, including lightheadedness, dizziness, altered vision, eye or face twitching, shaking of arms or legs, disorientation, confusion, or momentary loss of awareness, loss of consciousness, involuntary movement or convulsion. Please, IMMEDIATELY stop playing and consult a doctor if You experience any of these symptoms. Also, note that when playing video/online games You should take certain standard health and safety precautions, including avoiding playing when tired and drowsy, taking 10- to 15-minute breaks every hour, sitting at a reasonable distance from the screen in a well-lit environment.
7.3. The User is responsible for any violation of the Agreement, including the ones provided by the applicable law, as well as for all consequences of such violations (including any losses that the Company and other third parties may suffer). In case of such a violation, the Company has the right to block or delete the User's Account or otherwise restrict the use of the Games and/or the Services by the User without any compensation.
7.4. The Company is not in any way connected with the End User Content and does not verify authenticity and safety of it, as well as its compliance with the requirements of applicable law, and whether the Users have the necessary rights to distribute and / or use it. The User who created the End User Content and / or added them to the Games and/or the Services is solely responsible for the compliance of the End User Content with the requirements of the applicable law.
7.5. Indemnification. The User hereby agrees to protect, indemnify, and hold the Company and its affiliates, partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors, and agents harmless from any damages, losses, liability, penalties, settlements, and expenses (including expenses and reasonable attorney fees) in connection with any claims or actions that (a) arise from any actual or alleged violation of the Agreement by the User; (b) arise from the provision of incomplete or inaccurate information in the Services; (c) arises from the use of any third-party websites or services by the User; or (d) otherwise arises from or relates to the misuse of the Games and/or the Services by the User.
The User agrees to provide the Company with written notice in the event of any such claims or actions. In addition, the User acknowledges and agrees that the Company has the right to claim damages when the User uses the Games and/or the Services for illegal purposes, in an illegal manner, or in a manner inconsistent with these Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental and/or consequential damages. If the Company is required to respond to a third-party claim or a law enforcement request or court order (or other decision) that is related to the use of the Games and/or the Services by the User, the Company may, in its sole discretion, require the User to reimburse the Company for the reasonable expenses related to handling such claim or request.
7.6. If a violation of the User’s right and / or interest regarding the use of the Games and/or the Services occurs, including the case when another User enters inappropriate information or materials in the Services, such violation may be reported to the Company. To do this, the User shall contact Company’s support team and provide a detailed statement of the circumstances of the violation and the right and / or interest which was violated.
7.7. The Company reserves the right to prosecute violators of the exclusive rights to the Game, Website and / or other Services in accordance with applicable civil, administrative and criminal laws at its sole discretion.
7.8. In any event, the User agrees to refrain from:
7.8.1. use of the Games and/or the Services in any way that may cause damage to the Games and/or the Services;
7.8.2. use of the Games and/or the Services in violation of applicable laws and regulations, or in a manner that causes or may cause harm to the Company or any individual or entity.
7.9. Without limiting any other remedies or any other paragraph of these Terms, if We reasonably believe that You are in material breach of these Terms (including repeated minor breaches), We reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to You:
7.9.1. delete, suspend and/or modify User Account or suspend and/or terminate Your access to our Services in any other way;
7.9.2. modify and/or remove any In-Game Objects that may be associated with User Account;
7.9.3. reset and/or modify any Game progression or benefits and privileges associated with User Account, such as any level or score You have reached in our Games.
7.10. Without any discrepancy with the applicable law provisions the following breaches shall be deemed material:
7.10.1. violation of any obligation provided in the section 3 of these Terms by the User;
7.10.2. violation of any obligation provided in the section 4 of these Terms by the User;
7.10.3. violation of any obligation provided in the section 5 of these Terms by the User.
8. LIMITATION OF LIABILITY
8.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES THEMSELVES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
8.2. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER, OR EXCLUDE, OR RESTRICT ANY LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR FOR DEATH, OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE, OR FRAUD ON OUR SIDE.
8.3. Dangerous Activities. THE COMPANY DOES NOT RECOMMEND USE OF ITS GAMES AND/OR SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE A SIGNIFICANT RISK OF INJURY OR ACCIDENT EXISTS. YOU AGREE NOT TO USE THE COMPANY’S GAMES AND/OR SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
8.4. Assumption of Risk. YOU ASSUME ALL RISKS THAT THE GAMES AND/OR THE SERVICES ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR USE OF THE GAMES AND/OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR ANY OTHER DEVICE OR LOSS OF DATA RESULTING THERE FROM. SIMILARLY, YOU AGREE THAT BY PARTICIPATING IN FORUMS, VISITING CHAT ROOMS OR USING OTHER APPLICATIONS, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE OR REFERENCES.
8.5. If the applicable law does not allow the above limitations of liability to apply to the relations between the User and the Company in whole or in part, the limitations of liability will only apply to the extent permitted by applicable law. Company is exempt from liability for any delay or failure to perform resulting from causes outside Company’s reasonable control, be it due to unforeseen circumstances such as acts of God, terrorism, war, riots, embargoes, acts of authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, or other (force majeure).
8.6. If You are domiciled in a Member State of the European Union, the Company shall be liable in accordance with statutory law in cases of (a) intentional misconduct; (b) gross negligence; (c) breach of applicable product liability acts. Without prejudice to the, Company may only be liable for breach of a material contractual obligation under the Terms, the breach of which would jeopardize the purpose of the Terms. In such an event, Company’s liability shall be limited to typical and foreseeable damages. In other circumstances We shall not be liable for acts of modest negligence.
8.7. Cumulative liability of the Company under the Agreement in any event is limited by the documented damage suffered by the User in the amount which may not exceed $1.200 (one thousand and twenty USD), and the Company bears liability subject to his fault in causing such damage.
9. ACCESS TO THE IN-GAME OBJECTS
9.1. The Games may include In-Game Objects. To benefit from or use the In-Game Objects in Games You may first have to reach a certain level or progress to a certain point or (if functionality allows so) purchase them. You do not own In-Game Objects, but instead You purchase a limited revocable license to use them.
9.2. You agree that In-Game Objects have no monetary value and can never be exchanged for real money, real goods or real services from Us or anyone else.
9.3. You are only allowed to obtain In-Game Objects from Us or our authorized partners through the Services, and not in any other way. Transactions of In-Game Objects between the User and other users of the Game are possible only with the written consent of the Company. Company’s consent also can be expressed in the form of organizing the technical capability and functionality for such transactions within the Game.
9.4. Some Games could offer a possibility to connect Your gameplay on a Device to an Account that is linked to either your some Application Stores platform or social network or is an account created with the Company. We will not be able to restore the data associated with your gameplay to a different Device, if You lose that Device, or if it is damaged. However, if your gameplay is connected to your Account in an Application Stores, your “non-consumable” In-Game Objects (e.g. subscriptions, purchased items sets) could be restored on another Device subject to technical capability.
9.5. We reserve the right to control, regulate, change or remove any In-Game Objects without any liability at any time, but if You have an active Subscription, such changes will only take effect following the end of the current Subscription period, at which date your Subscription will automatically terminate.
9.6. We may revise the pricing for In-Game Objects offered through the Games and/or the Services at any time, but if You have an active Subscription, such changes will only take effect following the end of the current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of In-Game Objects that may be purchased at any one time, and/or limit the total amount of In-Game Objects that may be held in your Account in the aggregate.
9.7. Depending on the Application Store that You purchased the Games in, any In-Game Objects may be subject to the such Application Stores’ terms of service and user agreements. The volume of Your rights with respect to each purchase may differ from item to item. If You are unsure about your rights, You should check with the relevant Application Stores or our customer support team before making a purchase. Unless otherwise shown, Content available in any in-game store has the same age rating as the Game.
9.8. If We suspend or terminate your Account in accordance with these Terms, You may lose any In-Game Objects that You may have and We will not compensate You for this loss or make any refund to you.
10. THE PAYMENT TERMS AND REFUNDS
10.1. The Games and/or the Services may be provided on a free-to-play basis or on condition of payment of a fixed sum, or by purchasing a Subscription. The specific model of payment or the absence of such is indicated in the different Application Stores and/or on the Game’s Websites themselves.
10.2. User makes payments by transferring money in favor of the Company via Application Stores. The Company is not the entity administering the Application Stores’ monetary transactions. Purchases of the In-Game Objects and refunds are made via Application Stores and are subject to the terms of the Application Stores. Refunds cannot be made by the Company. In case the User wants to request a refund for purchase of In-Game Objects, the User can contact the operator of the Application Stores.
10.3. Purchase of In-Game Objects is the implementation of the User’s own will. All purchases made using the User’s Device are considered to be made by the User independently, regardless of who initiated the purchase using the Device. There is no obligation to make a refund in cases where access to In-Game Objects was acquired using the User’s Device by another person without the User’s consent.
10.4. Right to withdraw. Some Application Stores provide the option to withdraw from any purchase made in such store without giving any reason. Such refund policy may be published among the respective Application Stores’s terms of use. If You applied to an Application Stores and received a refund for purchases made within our Games, We reserve the right to:
10.4.1. withdraw from your Account the In-Game Objects purchased for the refunded amount;
10.4.2. to suspend your Account/Game access in case such refunds happen regularly and/or for fraudulent purposes.
YOU DO NOT HAVE A RIGHT TO WITHDRAW FROM A TRANSACTION OR OBTAIN A REFUND ONCE DELIVERY OF DIGITAL CONTENT (e.g. IN-GAME OBJECTS) HAS STARTED, AT THIS POINT YOUR TRANSACTION IS FINAL. YOU THEREFORE EXPRESSLY ACKNOWLEDGE, CONSENT AND AGREE THAT DELIVERY OF THE PURCHACED ITEM COMMENCES AT THE MOMENT THE DIGITAL CONTENT IS ADDED TO AND/OR ENABLED ON YOUR ACCOUNT OR IN THE GAME OR OTHERWISE MADE ACCESSIBLE TO YOU FOR DOWNLOAD OR USE.
11. TERMINATION
11.1. Termination initiated by the Company. In case the User’s actions constitute the material breach of these Terms, the Company has the right to terminate the Agreement with the User unilaterally and restrict User’s access to the Game at any time, including to the In-Game Objects, or the Website.
Moreover, the Company may decide to terminate provision of the Games and/or the Services or support with respect to a specific Game or Service at its own discretion. This shall result in the automatic termination of the Agreement. Company may notify Users within a reasonable term before such termination.
Under this paragraph, the Company will not provide a refund to the User and will not compensate any losses.
11.2. Termination at the initiative of the User. The User has the right at any time to terminate the Agreement with the Company unilaterally without notifying the Company by deleting the Account or/and the Game Client from the Device, or by discontinuing the use of the Website. In these cases, the access to the In-Game Objects may be restricted without the right of restoration. In case of termination of the Agreement at the initiative of the User, the Company will not provide a refund to the User for the purchase of In-Game Objects and will not compensate for any losses. Unilateral termination of the Agreement by the User does not release the User from liability for violations of this Agreement committed during the period of its validity.
12. FINAL PROVISIONS
12.1. The processing of the information provided by the User about himself/herself within the use of the Games and/or the Services as well as the information which is received automatically within such use shall be performed by the Company according to the Privacy Policy.
12.2. This Agreement, procedure for its acceptance and executing and also any issues not provided herein shall be governed by the applicable law of the United Kingdom.
12.3. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Company in accordance with the applicable procedural law of the United Kingdom.
12.4. The End User is considered as accepted of this Agreement unless the End User notify the Company for the termination of the Agreement.
12.5. Submitting Feedback. Communications from Us. You are entirely responsible for all activities that occur under Account and compliance with the Terms of service. We may provide forums, chat areas, bulletin boards, or e-mail functions in or through the Websites and/or the Games and periodic newsletters. If You subscribe to our newsletters, You understand that You may receive period information by email or other medium from us regarding current and future Games or changes to the Games, and that You may unsubscribe from receiving newsletters at any time by following the procedures made available through the newsletters.
All data is stored in accordance with our Privacy Policy in compliance with GDPR.
12.6. Duration of the Agreement. The Agreement enters into force at the moment of Acceptance of the Terms of Service and remains valid for the entire period of use of the Games and/or the Services by the User.
12.7. Entire Agreement. Agreement together with Game Rules constitute an entire agreement between You and the Company.
12.8. Invalidity. If one or more of the provisions of the Agreement are invalidated by an effective court decision on a dispute between the User and the Company, the remaining provisions of the Agreement will remain in force for the User and the Company.
12.9. Modification of the Terms of Service. The Terms of Service may be amended by the Company unilaterally without prior notice to the User and without payment of any compensation in this regard. Changes come into effect at the moment when they are posted on the Websites or in the Games.
12.10. No Waiver. If the Company fails to enforce strict performance of the Agreement, this shall not be in any way interpreted as Company’s waiver of rights under this Agreement with respect to past or future obligations.
12.11. Assignment. The Company may and You may not assign any or all rights and/or obligations contained herein to any third party.
THE COMPANY - “Longway Interactive”
COPYRIGHT © 2024
PLEASE DO NOT PLAY, USE THIS GAME/SERVICES IF YOU HAVE A HISTORY OF EPILEPSY AS IT MAY CAUSE SEIZURES
Effective from 29.08.2024, 2024
These Terms of Service (“Terms / Terms of Service”, “Agreement”) constitute a legal agreement between You (“User” and/or “You”) and LongWay Interactive (“Company”, “We”, “Us”).
These Terms of Service apply to download, access and/or use of any Game(s) as specified below in the text of these Terms, You purchase within our software.
These Terms of Service also apply to any other services that Company may provide in relation to the Games, such as customer support, or websites dedicated to Games (collectively as the “Website(s)” in these Terms), such as operating social media, community channels and other websites (We also could refer to all our Games and other services collectively as the “Services” in these Terms).
YOU MAY USE THESE SERVICES AND/OR GAMES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF SERVICES CONTAINED HEREIN. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THESE SERVICES AND/OR GAMES.
IN CASE YOU USE OUR SERVICES AND/OR GAMES, YOU CONSENT THAT YOU HAVE READ, UNDERSTOOD, AGREED AND ACCEPT THESE TERMS AND THAT YOU UNDERTAKE TO COMPLY WITH ITS PROVISIONS AND BE RESPONSIBLE IN CASE OF THEIR VIOLATION.
BY CONTINIOUS USE SERVICES AND/OR GAMES YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE STOP THE USE OF THE SERVICES AND/OR THE GAMES AND YOU WILL NOT BECOME A PARTY TO THIS AGREEMENT.
1. TERMS AND DEFINITIONS
Words and phrases used in these Terms of Service have the following meaning unless otherwise expressly specified:
1.1. Acceptance of these Terms of Service means the actions of the User which demonstrate the User’s consent to be bound by the Terms of the Service and after which the agreement between the User and the Company is deemed to be concluded on the conditions of the Terms.
1.2. Account means personal section of the Game, to which the User gets access after the registration or logging in. Account is intended for keeping personal data of the User and for managing the accessible options of the Game.
1.3. Agreement means the text of this document with all its annexes, amendments and addendums displayed while authorization and installation processes of the Game or during the start of its using.
1.4. Application Store(s) means application stores, including Steam - an online digital distribution service for computer games and software developed and maintained by Valve, located on the Internet at: //014216.com, via which the User can download the Game Client and purchase In-Game Objects. The Company may further make the Game available in any Application Stores.
1.5. Content means any information materials, including texts, graphics, audio-visual and other materials. The use of the Game grants the User an access to the Content of the Game. The use of the Website gives the User access to the Content of the Website.
1.6. Device means any personal computer or other device, including but not limited, a mobile phone, smartphone, tablet, another device, which allows using the Games according to its functional purpose.
1.7. End User (User) means a person who entered into this Agreement with the Company for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.
1.8. End User Content means any Content (including any audiovisual works) created by the User for entertainment purposes only in the Game using its functionality.
1.9. Game(s) means set of software, databases, downloadable Client software and any respective updates thereof, In-Game virtual Objects and currency, any virtual items and other interactive or entertainment Content in the form of a PC game, developed and/or published by the Company, intended for installation and use on the Device by Users and accessible via various platform, including, Applications Stores, social networks, standalone web sites through the Company’s account; in respect of which You and Company agreed to enter into this Agreement.
1.10. Game Client means software essential for the use of the Game which is distributed via the Application Stores and that is installed on the Device.
1.11. In-Game Objects mean virtual objects in the Game that include in-game currency, items kits, weapons, etc.
This Agreement could use other terms and definitions not stipulates in this paragraph 1 hereof. In this case such term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.
2. THE MOMENT OF ACCEPTANCE OF THE TERMS OF SERVICE
2.1. The User accepts the Terms by inputting the choice to accept them in the Game, or by using the Game and/or Services or accessing the Website. At the moment of Acceptance of the Terms of Service, the Agreement is deemed to be concluded between the User and the Company. In case the User does not agree with the Terms of Service, the User shall immediately stop using the Game and/or Services and delete the Game Client from the Device or stop using the Website immediately.
2.2. Acceptance of the Terms of Service means that the User confirms that the User has reached the age of eighteen (18) years or any other age of majority under Your applicable law. If the User has not reached this age, the Terms of Service may be accepted by the User’s legal guardian, otherwise the User shall stop using the Game and/or Services and delete the Game Client from the Device or stop using the Website immediately.
3. LICENSE
3.1. Upon Acceptance of the Terms, the Company grants the User a right to use the Game, in their current version under the terms of a non-exclusive license on the territory of all countries of the world during the term of the Agreement as well as grants the User access to other Services related to the Game.
3.2. The User has the right to use the Game within the limits permitted by the Company, namely:
3.2.1. Reproduce the Game Client by installing it on the Device, authorization or any other use of the Game;
3.2.2. Use the Game for entertainment, non-commercial purposes, for which the User has the right to:
i) create and delete an Account;
ii) perform launch, installation and running of program applications of the Game or activation of additional commands and codes;
iii) get access to a selection of additional tools for the extended functionality of the Game, including but not limited for the purchase of In-Game Objects, any extensions and other objects for an additional fee for the price set by the Company and use them to achieve the result determined by the gameplay of the Game;
iv) use the software capabilities of the Game to achieve the result determined by the gameplay of the Game;
v) use the Game in other ways permitted by the Company in these Terms of Service;
vi) use customer support Services;
vii) shoot videos, broadcast, stream the process of using the Game, as well as publish it on the Internet on any sites not prohibited by law.
3.3. The User has no right to independently or with the involvement of third parties to:
3.3.1. Copy (reproduce), in any form and method, the computer programs and databases included in the Game, including any of their elements and information, without obtaining the prior written consent of the Company;
3.3.2. Emulate, decompile, disassemble, decrypt, reverse engineer and perform other similar actions with the Game that allow the User to access the source code of the Game or to change it, as well as create software products and / or services using the Game and elements contained therein without obtaining the prior consent of the Company as well as develop, distribute or use "cheat utility" software (allowing to obtain advantages fraudulently);
3.3.3. Delete or in any way modify the trademarks and copyright notices and any other rights included in the Game;
3.3.4. Distribute for commercial or non-commercial purposes the Game Client or its copies in any way;
3.3.5. Distribute for commercial or non-commercial purposes In-Game Objects and other intellectual property from the Game without written permission of the Company;
3.3.6. Use the Game in ways which are not provided in these Terms of Service and which are beyond the normal gameplay;
3.3.7. Use or copy the Games’ titles, characters, texts and audio- and video-materials or any other intellectual property contained in the Games for the purposes other than use of the services in accordance with Clause 3.2 of the Terms of Service.
3.4. The User has the right to purchase access to the In-Game Objects the license fee payments could be made using payment methods and payment services stipulated on the moment of license obtaining. Certain In-Game Objects specified by the Company in the Game itself or otherwise may be available to the User free of charge.
3.5. Any license fees are not eligible for a refund after the purchase has been processed. If You subscribed to the version of the Game through the Application Store and need to request a refund, please contact such Application Store directly.
3.6. Any rights and ways of use of the Game are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Company.
3.7. Nothing in the Agreement should be interpreted as the sale, transfer of any property, non-property rights from the Company to the User. The Company grants the User only a limited right to use the Game, in accordance with the terms of the Agreement.
4. THE RESTRICTIONS AND CONDITIONS OF THE GAME’S USING
4.1. As the Games may have multiplayer features, in order to access the Game’s features in full, the User shall have a stable Internet connection. The Company is not liable for any impediments in use of the Games arising out of problems with the Internet connection.
4.2. The Company has the right to use various technical means to prevent the User’s use of software designed to hack the Game (“сheats”, “hacks”). The choice of such technical means is made by the Company independently.
4.3. The Company has the right to set limits on the extent and composition of information entered by the User in the Games, as well as provide other technical restrictions on the use of the Game, including setting the rules of the Games’ use unilaterally. Users will be notified from time to time about the new restrictions in the form and method chosen by the Company.
4.4. The User has no right to carry out transactions in relation to the Account, sell it or transfer it in any other way to other users of the Games without the prior written consent of the Company.
4.5. The specific game rules, that may be found within the Games, gaming policies, code of conduct, restrictions and guidelines stated herein constitute the Game Rules. Game Rules may be also presented in the form of tutorials, FAQ section or any other form, and constitute an integral part of these Terms. You agree that You shall comply with them in respect to each individual Game, You choose to access and/or play.
4.6. There may be times when our Games or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. This shall not serve as a basis for Company’s liability in any form.
4.7. The functionality of the Game, is a subject of the Company's sole discretion and may be changed from time to time;
4.8. User acknowledges and accepts that Company may collect and store the End User Content for a time. Such works are not Personal Information. User grants Company with limited non-exclusive royalty-free right to collect, store and analyze the End User Content and solely for the purposes of improvement and further development of the Game. The exclusive rights to the End Content belong to the User. The Company will delete any User related data upon request.
4.9. The User has no right to, independently or employing any third parties, do the following:
4.9.1. In any manner, form and method copy (reproduce) the computer programs and databases being a part of the Game, including any of their elements and information, without obtaining the prior written consent of the Company;
4.9.2. Emulate, decompile, disassemble, decrypt, reverse engineer and perform other similar actions with the Game that allow the User to access the source code of the Game or to change it, as well as create software products and / or services using the Game and elements contained therein without obtaining the prior consent of the Company as well as develop, distribute or use "cheat utility" software (allowing to obtain advantages fraudulently);
4.9.3. Remove or in any way modify the trademarks and copyright notices and any other rights included in the Game;
4.9.4. Distribute for commercial or non-commercial purposes the Game Client or its copies in any way, including sublicense the Game or its parts, or perform any other actions that are not expressly provided for by this Agreement;
4.9.5. Distribute for commercial or non-commercial purposes In-Game Objects and other intellectual property from the Game without written permission of the Company;
4.9.6. Use the Game in ways which are not provided in these Terms of Service and which are beyond the normal gameplay;
4.9.7. Use the materials that are subjects of personal non-property rights or intellectual property rights of a third party (e. g. images of individuals, other images, music, texts) without permission of such third party;
4.9.8. Use or copy the Games’ titles, characters, texts and audio- and video-materials or any other intellectual property contained in the Games for the purposes other than use of the services in accordance with Clause 3.2 of the Terms of Service.
4.10. User is strictly prohibited from use of Game for creation and/or distribution of the End User Content that:
4.10.1. are illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;
4.10.2. violate personal non-property rights or intellectual property rights,
4.10.3. otherwise violate provisions of applicable law as well as common moral and ethical standards.
4.11. Age restrictions and access by the minors:
4.11.1. If You are under eighteen (18) years old or any other age of majority under Your applicable law, You should review these Terms of Service with the assistance of Your parent or guardian. In this case, it is a parent or a legal guardian that accepts the Terms of Service on Your behalf. All actions of the person under the age of majority shall be attributed to a respective parent or legal guardian.
4.11.2. If You are a parent or guardian, We recommend that You monitor the play and web activities of the minors, in particular, online activities, and become familiar with the parental control options that may be provided by Us and / or our partners.
4.11.3. We may restrict access to the Services based on age, and minors under a certain age may be allowed to access the Services only with the consent of their parent or guardian. The age rating for the Games is determined and specified by the Company in Application Stores, in particular – in Steam.
4.11.4. To the extent permitted by law, We do not accept any responsibility for any act that may be committed by minors without the permission of their parents or legal guardians. In all cases, any use of the Services by minors is the responsibility of their parents or legal guardians. If You are a parent or legal guardian, by giving the minor permission to use the Services, You thereby agree to the Terms of Service regarding the use of the Services
5. CODE OF CONDUCT
5.1. We offer Users a safe experience with the Games and/or the Services, including Websites. This is especially important to the Company, as the minors may potentially access the Game or the Website. In order to provide Users with a safe experience, the Company has set the following rules.
5.2. A User may only use the the Games and/or the Services for lawful and intended purposes. A User may not use the Games and/or the Services in a manner that violates any applicable law or regulation.
5.3. The following Code of conduct contains a non-exhaustive list of prohibited actions that may lead to an investigation by the Company’s employees, as well as termination of the Agreement with the User who violates these rules:
5.3.1. Creation and use of inappropriate username, clan names, avatar, End User Content and other in-Game user-nameable item or entity that, for example:
i) contain profanity, sexual references or expressions of a hostile mood on any grounds, condoning extremism, terrorism, fascism, racism, nationalism, child abuse. No name shall refer to any aspect of sexual orientation pertaining to themselves or other Users under any circumstances;
have a religious or political connotation or could potentially lead to controversy or disagreement, or
ii) is offensive, defamatory, libelous, threatening, abusive, inappropriate, pornographic, or otherwise unlawful;
iii) is protected by any applicable copyright laws, trademarks, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person;
iv) is an advertisement or solicitation of business, funds, products or services;
v) promote drugs or other illegal substances;
vi) contain information discrediting or offending public officials and/or any state symbol;
vii) contain serial numbers for commercial software products, logins, passwords and other means for obtaining unauthorized access to fee-requiring resources on the Internet;
viii) contain statements or information containing data that may represent a state or official secret or other confidential information;
ix) consist only of real numbers, names, well-known titles;
x) use the character name of another player to falsely represent his or her identity;
xi) reflect, glorify or emulate any real-world group or organization, historical events, sport team, terrorist society, criminal elements, discriminating organizations, other communities bearing a negative connotation or connection to crimes against humanity, facts of discrimination or segregation by nationality, gender or religious principle or their leaders and figureheads (this includes the use of names of real-world military, political or religious groups, religious figures) etc.;
5.3.2. Harassment, threats or intimidation of Users and / or Company’s representatives (i. e. our employees, members of the Game’s or the Service’s community (moderators, testers, etc.)) through any form of communication (including, for example, through the in-game chat or via voice chat and communication), on any medium in the Games. This includes, for example:
i) trolling (placing intentionally controversial posts or posts off topic with the intention to provoke other users);
ii) flaming (constantly insulting others);
iii) spam (posting meaningless or irrelevant messages, or same or similar messages repeatedly);
iv) use of language or content that is inappropriate, illegal, dangerous, threatening, offensive, abusive, obscene, obscene, vulgar, defamatory, personal, hateful, racist, sexist, ethically offensive, or harassing.
5.3.3. Using any means not expressly authorized by us to collect or intercept data from other Users within the Game or the Service. This includes, for example:
i) phishing (an attempt to obtain from any user personal information);
ii) doxing (disclosure or other reproduction or provision of personal information of another user to someone);
iii) online tracking (theft or interception of data by capturing network traffic).
We reserve the right to decide whether any End User Content or Your other actions comply with these Terms, and We may at our sole discretion remove such End User Content, suspend and/or terminate Agreement with the User in question. This Terms may not cover all inappropriate or disallowed actions. We reserve the right to reject any User’s name We conclude, at our sole and absolute discretion, is indecent, obscene, offensive, or that otherwise violates our naming policy or Terms. We reserve the right to examine situations on a case-by-case basis and take whatever action We deem necessary at our sole and absolute discretion. If You see something that You feel violates our Terms, please report it to our customer support . Since We are unable to pre-moderate End User Content, We do not guarantee the accuracy, quality, or integrity of any End User Content communicated via the Games and/or the Services. By using the Games and/or the Services, You acknowledge and accept that You may be exposed to material You might find offensive or objectionable.
Also, the Games and/or the Services may expose You to Content, websites, products and services created or provided by parties other than by the Company ("third-party content"). We do not review, endorse or assume any responsibility for third-party content and shall have no liability to You for access to or use of third-party content. You access or use third-party content at Your own risk and discretion, and You understand that this Agreement does not apply to that third-party content.
5.4. Gaming policy. You agree that Your usage of the Games and/or the Services should be lawful. Thus, You agree not to use, the Games and/or the Services in order to:
5.4.1. upload or transmit malware, meaning the software which contains viruses, corrupted files or data, or any other similar software or elements that may damage the operation of the Games and/or the Services or interrupt any User’s uninterrupted use and enjoyment of the Games and/or the Services;
5.4.2. provide Us or our customer support with false information;
5.4.3. develop, distribute, or promote the software used for cheating in the Games or interfering with their code (hacking, cracking) to gain advantages in the Games;
5.4.4. change the Devices’ system preferences (i.e. time zone or date, or any other credentials) to gain additional advantages in the Games;
5.4.5. exploit the errors or other unintended features in the Games, make any changes, that may give advantages not intended by the Company;
5.4.6. attempt to gain unauthorized access to the servers of the Company;
5.4.7. transmit unauthorized messages through the Games and/or the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
5.4.8. exercise any fraudulent/illegal activity that could lead to false payment in the Games and/or the Services;
5.4.9. attempt to provide the Services to the third parties for a fee or any other consideration;
5.4.10. violate any provisions of the Game Rules and applicable laws or regulations, or promote, or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software or cheats for the Games.
If You notice any suspicious misconduct or misuse of the Services, We encourage You to report it by contacting the customer support.
5.5. Game Rules and penalties. You agree that Your use of the Games and/or the Services should comply with the Game Rules. Game Rules violations may cause Company to impose penalties upon You, including, but not limited to:
5.5.1. in-Game penalties involving no suspension;
5.5.2. temporary and/or permanent suspensions of in-Game functions;
5.5.3. Game access suspension.
In-Game penalties depend on the nature, scope and frequency of Game Rules violations by a User.
5.6. User undertakes:
5.6.1. Independently take measures to ensure the safety of the Account, prevent access to it by third parties.
5.6.2. At the request of the Company’s support service to perform received individually or in recommendations.
5.6.3. As soon as possible to provide the information requested by the Company from the User about the details of previously made payments and other information in order to monitor the User's compliance with the terms of this Agreement.
5.6.4. Immediately inform the Company in any available way about the fact of violation by another User of the terms of this Agreement or technical errors detected in the Game that provide the User with game benefits.
5.6.5. The user is fully responsible for their own messages sent to social media and/or other Users.
5.7. Developer has the right:
5.7.1. Collect and process user data, both personal and statistical (non-personal/depersonalized), according to the personal data processing policy.
5.7.2. Provide the ability to use the Games and/or the Services on the terms listed in this Agreement.
5.7.3. Without prior notice to the User delete any information posted by him within the Games, including, but not limited to user messages in any game chats.
5.7.4. Not to provide the User with evidence of its violations of the terms of this Agreement, as a result of which the User was subjected to measures of influence.
5.7.5. At any time, suspend, limit and/or terminate completely this Agreement with respect to the use of the Games for any User or all Users in General.
6. INTELLECTUAL PROPERTY
6.1. The Company is the sole owner of all property rights - the exclusive right to the Game - a complex object of intellectual rights. The Agreement should not be perceived in any way as alienation, transfer of the exclusive right to the Game to the User. The Company grants the User a limited right of use in accordance with the terms of the Agreement. This right is revocable, the Company may revoke this license.
6.2. Your License to Company. You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, images, designs, graphics, messages and other materials that are transmitted to or via the Websites or to or via the Games ("Materials") are the sole responsibility of the person from whom the Materials originated. "Materials" also includes, but is not limited to, End User Content, such as End Users-created levels or End Users-created artwork, images, designs, storylines, plots and/or songs and related visual representation, which are submitted by You or other Users. This means You and other users, not Company, are entirely responsible for the Materials You transmit to or through the Websites or through Games.
Company has no obligation to monitor Materials submitted by Users, and Company assumes no responsibility for monitoring Materials for illegal or offensive content. Further, You understand that by using the Games, Websites and/or the Services, You may be exposed to Materials that are offensive, objectionable or indecent. If You choose to submit Materials to Company, You agree that by submitting Materials You grant to Company (and its subsidiaries, affiliates, licensees and each of their successors and assigns, and those acting with Company 's authority) an unrestricted, absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, create derivatives in whole or in part, or otherwise use such Materials or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature in any Games and in any of Company's advertising and promotional materials (Materials combined with any work created by Company or another User are known as "Works").
The license You grant to Company allows us to display, perform, exhibit, sell, distribute, transmit or broadcast the Works by any media, technology or other means, including those currently known or become known at a later date, without notice to You attribution or compensation of any kind to You or any third party, and to grant a sublicense to a third party to do any of the same actions with the Works and/or the Materials. You also agree that by submitting Materials You waive all rights to, release Company from, and shall neither sue nor bring any proceeding against Company for any claim or cause of action, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and or exploitation of the Materials or the Works. You warrant that all so-called "moral rights" in the Materials have been waived. You also agree that Company is not obligated to utilize the Materials, and understand that Company may or may not use the Materials in Works.
6.3. To the extent any Materials are accessible, visible or usable by other Users, You also grant all other users the right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, publicly display and publicly perform such Materials, or any portion thereof, in the without any notice, attribution or compensation of any kind to You or any third party; provided, however that the Materials are not derivative works of Company 's intellectual property. You acknowledge that Your chats, postings and other communications with other Users or with us are public and not private communications and that You have no expectation of privacy for or concerning Your use of these communication features of the Game.
6.4. Use and Monitoring; No Endorsement. You may use the Games and/or the Services only for their intended purposes. While Company and is not responsible for the any Content, including any Materials or other messages, information or files transmitted on use the Games and/or the Services, the Company reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such Content, any information or files which Company, in its sole discretion, deems objectionable or otherwise in violation of these Terms, including denying access to the use the Games and/or the Services to anyone at any time. You are hereby notified that Your use the Games and/or the Services constitutes consent to such actions, monitoring and auditing. Company does not endorse any communications made by others through the use the Games or any other communications on the Websites. The User has the right to distribute, publish in any non-prohibited way videos of the passage of the game - the use of the Games.
7. RESPONSIBILITY
7.1. Disclaimer of Warranties. The Games and/or the Services are provided on an “as is” basis, therefore, the User is not provided with any warranties or representations, express or implied, that the Games and/or the Services will meet the User's requirements; will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Games and/or the Services will be accurate and reliable; all bugs in the Games and/or the Services will be fixed. The Company makes no representations, express or implied, and makes no warranties with respect to the information contained in the Games and/or the Services. Without limiting the foregoing, Company hereby disclaims all implied warranties.
The Games and/or the Services may contain links or give access to the sites, resources, or utilities operated by third parties. The Company does not make any direct or indirect representations or warranties regarding such sites, resources, or utilities.
Since the Games and/or the Services may be updated and new functionalities are added to them, form, nature or Content of the Games and/or the Services may change from time to time without prior notification of the User. The Company has the right, at its sole discretion, to terminate (temporarily or permanently) support and / or provision of the Games and/or the Services or their individual elements to Users, including In-Game Objects.
7.2. Health Warning. Certain people may experience a seizure while watching certain monitor images, including flashing lights or patterns that may appear while playing video/online games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause photosensitive epileptic seizures while playing video games. These seizures may have a variety of symptoms, including lightheadedness, dizziness, altered vision, eye or face twitching, shaking of arms or legs, disorientation, confusion, or momentary loss of awareness, loss of consciousness, involuntary movement or convulsion. Please, IMMEDIATELY stop playing and consult a doctor if You experience any of these symptoms. Also, note that when playing video/online games You should take certain standard health and safety precautions, including avoiding playing when tired and drowsy, taking 10- to 15-minute breaks every hour, sitting at a reasonable distance from the screen in a well-lit environment.
7.3. The User is responsible for any violation of the Agreement, including the ones provided by the applicable law, as well as for all consequences of such violations (including any losses that the Company and other third parties may suffer). In case of such a violation, the Company has the right to block or delete the User's Account or otherwise restrict the use of the Games and/or the Services by the User without any compensation.
7.4. The Company is not in any way connected with the End User Content and does not verify authenticity and safety of it, as well as its compliance with the requirements of applicable law, and whether the Users have the necessary rights to distribute and / or use it. The User who created the End User Content and / or added them to the Games and/or the Services is solely responsible for the compliance of the End User Content with the requirements of the applicable law.
7.5. Indemnification. The User hereby agrees to protect, indemnify, and hold the Company and its affiliates, partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors, and agents harmless from any damages, losses, liability, penalties, settlements, and expenses (including expenses and reasonable attorney fees) in connection with any claims or actions that (a) arise from any actual or alleged violation of the Agreement by the User; (b) arise from the provision of incomplete or inaccurate information in the Services; (c) arises from the use of any third-party websites or services by the User; or (d) otherwise arises from or relates to the misuse of the Games and/or the Services by the User.
The User agrees to provide the Company with written notice in the event of any such claims or actions. In addition, the User acknowledges and agrees that the Company has the right to claim damages when the User uses the Games and/or the Services for illegal purposes, in an illegal manner, or in a manner inconsistent with these Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental and/or consequential damages. If the Company is required to respond to a third-party claim or a law enforcement request or court order (or other decision) that is related to the use of the Games and/or the Services by the User, the Company may, in its sole discretion, require the User to reimburse the Company for the reasonable expenses related to handling such claim or request.
7.6. If a violation of the User’s right and / or interest regarding the use of the Games and/or the Services occurs, including the case when another User enters inappropriate information or materials in the Services, such violation may be reported to the Company. To do this, the User shall contact Company’s support team and provide a detailed statement of the circumstances of the violation and the right and / or interest which was violated.
7.7. The Company reserves the right to prosecute violators of the exclusive rights to the Game, Website and / or other Services in accordance with applicable civil, administrative and criminal laws at its sole discretion.
7.8. In any event, the User agrees to refrain from:
7.8.1. use of the Games and/or the Services in any way that may cause damage to the Games and/or the Services;
7.8.2. use of the Games and/or the Services in violation of applicable laws and regulations, or in a manner that causes or may cause harm to the Company or any individual or entity.
7.9. Without limiting any other remedies or any other paragraph of these Terms, if We reasonably believe that You are in material breach of these Terms (including repeated minor breaches), We reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to You:
7.9.1. delete, suspend and/or modify User Account or suspend and/or terminate Your access to our Services in any other way;
7.9.2. modify and/or remove any In-Game Objects that may be associated with User Account;
7.9.3. reset and/or modify any Game progression or benefits and privileges associated with User Account, such as any level or score You have reached in our Games.
7.10. Without any discrepancy with the applicable law provisions the following breaches shall be deemed material:
7.10.1. violation of any obligation provided in the section 3 of these Terms by the User;
7.10.2. violation of any obligation provided in the section 4 of these Terms by the User;
7.10.3. violation of any obligation provided in the section 5 of these Terms by the User.
8. LIMITATION OF LIABILITY
8.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES THEMSELVES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
8.2. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER, OR EXCLUDE, OR RESTRICT ANY LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR FOR DEATH, OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE, OR FRAUD ON OUR SIDE.
8.3. Dangerous Activities. THE COMPANY DOES NOT RECOMMEND USE OF ITS GAMES AND/OR SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, WHERE A SIGNIFICANT RISK OF INJURY OR ACCIDENT EXISTS. YOU AGREE NOT TO USE THE COMPANY’S GAMES AND/OR SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
8.4. Assumption of Risk. YOU ASSUME ALL RISKS THAT THE GAMES AND/OR THE SERVICES ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR USE OF THE GAMES AND/OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR ANY OTHER DEVICE OR LOSS OF DATA RESULTING THERE FROM. SIMILARLY, YOU AGREE THAT BY PARTICIPATING IN FORUMS, VISITING CHAT ROOMS OR USING OTHER APPLICATIONS, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE OR REFERENCES.
8.5. If the applicable law does not allow the above limitations of liability to apply to the relations between the User and the Company in whole or in part, the limitations of liability will only apply to the extent permitted by applicable law. Company is exempt from liability for any delay or failure to perform resulting from causes outside Company’s reasonable control, be it due to unforeseen circumstances such as acts of God, terrorism, war, riots, embargoes, acts of authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, or other (force majeure).
8.6. If You are domiciled in a Member State of the European Union, the Company shall be liable in accordance with statutory law in cases of (a) intentional misconduct; (b) gross negligence; (c) breach of applicable product liability acts. Without prejudice to the, Company may only be liable for breach of a material contractual obligation under the Terms, the breach of which would jeopardize the purpose of the Terms. In such an event, Company’s liability shall be limited to typical and foreseeable damages. In other circumstances We shall not be liable for acts of modest negligence.
8.7. Cumulative liability of the Company under the Agreement in any event is limited by the documented damage suffered by the User in the amount which may not exceed $1.200 (one thousand and twenty USD), and the Company bears liability subject to his fault in causing such damage.
9. ACCESS TO THE IN-GAME OBJECTS
9.1. The Games may include In-Game Objects. To benefit from or use the In-Game Objects in Games You may first have to reach a certain level or progress to a certain point or (if functionality allows so) purchase them. You do not own In-Game Objects, but instead You purchase a limited revocable license to use them.
9.2. You agree that In-Game Objects have no monetary value and can never be exchanged for real money, real goods or real services from Us or anyone else.
9.3. You are only allowed to obtain In-Game Objects from Us or our authorized partners through the Services, and not in any other way. Transactions of In-Game Objects between the User and other users of the Game are possible only with the written consent of the Company. Company’s consent also can be expressed in the form of organizing the technical capability and functionality for such transactions within the Game.
9.4. Some Games could offer a possibility to connect Your gameplay on a Device to an Account that is linked to either your some Application Stores platform or social network or is an account created with the Company. We will not be able to restore the data associated with your gameplay to a different Device, if You lose that Device, or if it is damaged. However, if your gameplay is connected to your Account in an Application Stores, your “non-consumable” In-Game Objects (e.g. subscriptions, purchased items sets) could be restored on another Device subject to technical capability.
9.5. We reserve the right to control, regulate, change or remove any In-Game Objects without any liability at any time, but if You have an active Subscription, such changes will only take effect following the end of the current Subscription period, at which date your Subscription will automatically terminate.
9.6. We may revise the pricing for In-Game Objects offered through the Games and/or the Services at any time, but if You have an active Subscription, such changes will only take effect following the end of the current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of In-Game Objects that may be purchased at any one time, and/or limit the total amount of In-Game Objects that may be held in your Account in the aggregate.
9.7. Depending on the Application Store that You purchased the Games in, any In-Game Objects may be subject to the such Application Stores’ terms of service and user agreements. The volume of Your rights with respect to each purchase may differ from item to item. If You are unsure about your rights, You should check with the relevant Application Stores or our customer support team before making a purchase. Unless otherwise shown, Content available in any in-game store has the same age rating as the Game.
9.8. If We suspend or terminate your Account in accordance with these Terms, You may lose any In-Game Objects that You may have and We will not compensate You for this loss or make any refund to you.
10. THE PAYMENT TERMS AND REFUNDS
10.1. The Games and/or the Services may be provided on a free-to-play basis or on condition of payment of a fixed sum, or by purchasing a Subscription. The specific model of payment or the absence of such is indicated in the different Application Stores and/or on the Game’s Websites themselves.
10.2. User makes payments by transferring money in favor of the Company via Application Stores. The Company is not the entity administering the Application Stores’ monetary transactions. Purchases of the In-Game Objects and refunds are made via Application Stores and are subject to the terms of the Application Stores. Refunds cannot be made by the Company. In case the User wants to request a refund for purchase of In-Game Objects, the User can contact the operator of the Application Stores.
10.3. Purchase of In-Game Objects is the implementation of the User’s own will. All purchases made using the User’s Device are considered to be made by the User independently, regardless of who initiated the purchase using the Device. There is no obligation to make a refund in cases where access to In-Game Objects was acquired using the User’s Device by another person without the User’s consent.
10.4. Right to withdraw. Some Application Stores provide the option to withdraw from any purchase made in such store without giving any reason. Such refund policy may be published among the respective Application Stores’s terms of use. If You applied to an Application Stores and received a refund for purchases made within our Games, We reserve the right to:
10.4.1. withdraw from your Account the In-Game Objects purchased for the refunded amount;
10.4.2. to suspend your Account/Game access in case such refunds happen regularly and/or for fraudulent purposes.
YOU DO NOT HAVE A RIGHT TO WITHDRAW FROM A TRANSACTION OR OBTAIN A REFUND ONCE DELIVERY OF DIGITAL CONTENT (e.g. IN-GAME OBJECTS) HAS STARTED, AT THIS POINT YOUR TRANSACTION IS FINAL. YOU THEREFORE EXPRESSLY ACKNOWLEDGE, CONSENT AND AGREE THAT DELIVERY OF THE PURCHACED ITEM COMMENCES AT THE MOMENT THE DIGITAL CONTENT IS ADDED TO AND/OR ENABLED ON YOUR ACCOUNT OR IN THE GAME OR OTHERWISE MADE ACCESSIBLE TO YOU FOR DOWNLOAD OR USE.
11. TERMINATION
11.1. Termination initiated by the Company. In case the User’s actions constitute the material breach of these Terms, the Company has the right to terminate the Agreement with the User unilaterally and restrict User’s access to the Game at any time, including to the In-Game Objects, or the Website.
Moreover, the Company may decide to terminate provision of the Games and/or the Services or support with respect to a specific Game or Service at its own discretion. This shall result in the automatic termination of the Agreement. Company may notify Users within a reasonable term before such termination.
Under this paragraph, the Company will not provide a refund to the User and will not compensate any losses.
11.2. Termination at the initiative of the User. The User has the right at any time to terminate the Agreement with the Company unilaterally without notifying the Company by deleting the Account or/and the Game Client from the Device, or by discontinuing the use of the Website. In these cases, the access to the In-Game Objects may be restricted without the right of restoration. In case of termination of the Agreement at the initiative of the User, the Company will not provide a refund to the User for the purchase of In-Game Objects and will not compensate for any losses. Unilateral termination of the Agreement by the User does not release the User from liability for violations of this Agreement committed during the period of its validity.
12. FINAL PROVISIONS
12.1. The processing of the information provided by the User about himself/herself within the use of the Games and/or the Services as well as the information which is received automatically within such use shall be performed by the Company according to the Privacy Policy.
12.2. This Agreement, procedure for its acceptance and executing and also any issues not provided herein shall be governed by the applicable law of the United Kingdom.
12.3. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Company in accordance with the applicable procedural law of the United Kingdom.
12.4. The End User is considered as accepted of this Agreement unless the End User notify the Company for the termination of the Agreement.
12.5. Submitting Feedback. Communications from Us. You are entirely responsible for all activities that occur under Account and compliance with the Terms of service. We may provide forums, chat areas, bulletin boards, or e-mail functions in or through the Websites and/or the Games and periodic newsletters. If You subscribe to our newsletters, You understand that You may receive period information by email or other medium from us regarding current and future Games or changes to the Games, and that You may unsubscribe from receiving newsletters at any time by following the procedures made available through the newsletters.
All data is stored in accordance with our Privacy Policy in compliance with GDPR.
12.6. Duration of the Agreement. The Agreement enters into force at the moment of Acceptance of the Terms of Service and remains valid for the entire period of use of the Games and/or the Services by the User.
12.7. Entire Agreement. Agreement together with Game Rules constitute an entire agreement between You and the Company.
12.8. Invalidity. If one or more of the provisions of the Agreement are invalidated by an effective court decision on a dispute between the User and the Company, the remaining provisions of the Agreement will remain in force for the User and the Company.
12.9. Modification of the Terms of Service. The Terms of Service may be amended by the Company unilaterally without prior notice to the User and without payment of any compensation in this regard. Changes come into effect at the moment when they are posted on the Websites or in the Games.
12.10. No Waiver. If the Company fails to enforce strict performance of the Agreement, this shall not be in any way interpreted as Company’s waiver of rights under this Agreement with respect to past or future obligations.
12.11. Assignment. The Company may and You may not assign any or all rights and/or obligations contained herein to any third party.
THE COMPANY - “Longway Interactive”
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