Terms of service

Effective Date: May 1, 2021

1 About these terms

1.1 These terms represent a legal agreement between you and Vladimir Medintsev with registered office address at ul. 232 strelkovoy divizii 37-63, Voronezh, Russia 394040 (hereinafter «us» or «we» or «our») regarding your use of our games (hereinafter each a «Game» or together the "Games"), websites and related services (the «Service»). Use of the Service is also governed by Our Privacy Policy and other relevant policies, which are incorporated herein by reference.

1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.

1.3 For use of our Services, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services. If you access the Service from a Social Networking Site («SNS»), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

1.4 We reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant our policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, our Privacy Policy, or any other our policy, rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate, and you must immediately stop using the Services.

2 About accessing and using our Services

2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

3 Virtual Goods and Virtual Money

3.1 Our Games may include virtual currencies such as gems (“Virtual Money"), items or services for use with our Games (“Virtual Goods"). To benefit from or use the Virtual Money and/or Virtual Goods in our Games you may first have to reach a certain level or progress to a certain point. You agree that once purchased Virtual Money and/or Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money and/or Virtual Goods to anyone else.

3.2 You do not own Virtual Goods and/or Virtual Money but instead you purchase a limited personal revocable licence to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.

3.3 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final, that we will not refund any transaction once it has been made. Prices for all Virtual Money and Virtual Goods exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent required by law, you agree to pay any such applicable taxes and telecommunication charges in line with applicable law. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. A "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.

3.4 The data associated with Virtual Money and Virtual Goods is stored locally on your device and so is not synced between different devices. Accordingly, any risk of loss of this data is transferred to you in the case of Virtual Goods and Virtual Money which you purchase from us, upon completion of the purchase; and/or in other cases at the time the Virtual Goods and/or Virtual Money are credited or awarded to you.

3.5 If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.

3.6 We reserve the right to control, regulate, change or remove any Virtual Money and/or Virtual Goods any liability to you at any time.

3.7 We may revise the pricing for Virtual Goods and/or Virtual Money offered through the Services at any time. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time.

3.8 Depending on your platform, any Virtual Goods or Virtual Money purchased may be subject to your platform provider's terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform 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.

3.9 If you uninstall any Game from your device you may lose any Virtual Money and Virtual Goods and we will not compensate you for this loss or make any refund to you.

4 Limitation of Liability

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 OF SERVICE OR THE SERVICE ITSELF, 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 OF SERVICE 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 SERVICE.

5 Indemnification

You agree to indemnify, defend and hold our (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

6 Links

We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

7 Intellectual Property

7.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Services (other than third-party content which is listed in section 7.5) is owned by or licensed to us.

7.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.

7.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.

7.4 In particular, and without limiting the application of section 7.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.

If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to medvlad.v(at)gmail(dot)com:

a description of the intellectual property rights and an explanation as to how they have been infringed;
a description of where the infringing material is located;
your address, phone number and email address;
a statement by you, made under penalty of perjury, that you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.

7.5 Third party content used in our Services:

No content

8 Privacy

We collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. If you do not agree to our Privacy Policy you should not download or access our Games or otherwise access and/or use our Services.

9 Transferring these terms

We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

10 Entire agreement

These terms set out the entire agreement between you and us concerning our Services (included our Privacy Policy) and they replace all earlier agreements and understandings between you and us.

11 Changes to these terms

We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.

12 Severability

If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.

13 Waivers of our rights

Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.