END USER LICENSE AGREEMENT

RECITALS

This EULA governs relations between the COMPANY and the Users pertaining to their use of the Game.

Only natural persons are entitled to download/acquire/use the Game.

By downloading, installing, or otherwise using the Game, the User (A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of this EULA, as well as the conditions of other agreements and regulations available at the Website and guarantees that he/she will observe them during the entire use of the Game; (B) acknowledges and agrees that he/she has independently evaluated the desirability of using the Game and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and (C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of this EULA with the help of his parents/legal guardians. COMPANY recommends parents or guardians to monitor their children's online activities. To protect children’s privacy, COMPANY advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. COMPANY reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. COMPANY reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of Game by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them.  

Otherwise, installation or other use of the Game is prohibited.

Reference to the present EULA shall also include relevant agreements and regulations available at the Website, Privacy Policy, located at http://documentation.upwake.me/privacy, Cookie Policy, located at http://documentation.upwake.me/cookie, and all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that the COMPANY makes available to the User, unless the context otherwise requires.

In the case that the User downloads/purchases the Game through any Third Parties Platform, the User undertakes to review and comply with the terms and conditions of the owner of the respective platform, which may be changed from time to time and may provide for certain additional requirements applicable to downloading the Game through that platform, its installation, and use.

  1. TERMS AND DEFINITIONS

In this EULA, the following definitions, when capitalised, shall have the following meanings:

Account – shall mean the User’s account in the Game.

COMPANY – UPWAKE.ME LTD, a company established and operating under the legislation of Cyprus (reg. number: HE 432861), with its registered office at 15 Dimitriou Karatasou, ANASTASIO BUILDING, 6th Floor, Room/Office 601, Strovolos, 2024, Nicosia, Cyprus.

Client part of the Game – the software necessary for the User to participate in the Game, to be installed on the User’s device. The Client part of the Game is installed by the User independently on its device. The Client part of the Game may be distributed by the COMPANY and/or its authorised persons, both via the Internet and on tangible media. The Client part of the Game distributed via the Internet is provided to the User free of charge, with the right to reproduce, unless this Agreement provides for otherwise. Copies of the Client part of the Game distributed on tangible media may be provided to the User for a fee.

EULA – this End User License Agreement, located at http://documentation.upwake.me/eula, a legal document determining the terms and conditions and procedures for the User’s use of the Game and all related services.

Forum Rules – a legal document that constitutes Appendix No. 2 hereto, determining the rules to be mandatorily observed by the User during official Game forum use.

Game Rules – a legal document that constitutes Appendix No. 1 hereto, determining the rules binding for the User while using the Game.

Game – collectively any games (excluding gambling) for personal computers (PC), game and TV devices of Xbox, PlayStation, Nintendo line, and games on mobile devices, owned and/or operated by the COMPANY.

To ensure the rights and obligations of the COMPANY and the User arising hereunder, the User may reproduce a set of data and commands on his/her device predefined by the COMPANY (‘Client part of the Game’, if it is provided for by the Game’s functionality), whereas a set of other data and commands (including non-activated) or all data and commands in the absence of the Client part of the Game are placed by the COMPANY on its servers. This is not applicable for the Game dedicated to mobile devices.

Materials – all content, information, and other materials within the Game, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code and object code), text, articles, pictures, information, data, music, sound files, photographs, titles, themes, objects, characters, character names, game clans, a set of descriptions and images of characters in the Game, the game world, stories, dialogues, catch phrases, concepts, artwork, animations, audio-visual effects, methods of operation, and documentation.

In-Game Assets – shall mean virtual in-game objects, goods, elements of the game world and related services, as well as statuses, attributes or other features of virtual in-game items and/or characters, in-game achievements, which are non-activated data and commands that may be available for purchase in the Game and/or its associated services, whether on a reimbursable basis or as a reward for the User’s certain activities in the Game.

In-Game Currency – virtual in-game currency which has no monetary value and is not subject to monetary valuation, although it has a price at the time of acquisition.

Support Service  – the support service of the COMPANY that considers User requests sent through http://support.upwake.me.

Territory – territory where the Game is available for installation and other use as specified at the Game storefront on the Website and/or Third Parties Platform.

Third Parties Platform – any platform operated by a third party where the User may access and download the Game, inter alia, (i) the Steam platform, operated by Valve Corporation and/or its affiliates, (ii) third party consoles, inter alia, Microsoft Xbox, PlayStation® and Nintendo (should the Game be dedicated for console), (iii) third party mobile platforms, e.g. App Store platform operated by Apple, or Google Play platform operated by Google (should the Game be dedicated to mobile devices), (iv) any cloud platforms that provide online access to the Game through remote servers, such as the Google Stadia cloud platform operated by Google.

Unacceptable Content -–any kind of content or behaviour in connection with the use of the Game that is either illegal or unacceptable under the generally accepted moral rules, including, without limitation, the following examples:

(i) engaging in or contributing to any illegal activity or activity that violates others’ rights;

(ii) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable and unacceptable;

(iii) providing information that is false, misleading or inaccurate;

(iv) disclosing of any personal or proprietary information of another User or any other person or otherwise invading other person privacy;

(v) abuse, harassment, stalking, threats, flaming or intimidation of any person or organization;

(vi) profanity or use of derogatory, discriminatory, hatred or excessively graphic language;

(vii) any content that may harm minors;

(viii) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war;

(ix) offensive, vulgar, sexually explicit or pornographic content;

(x) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms;

(xi) transmitting software viruses, worms or any other kind of harmful software;

(xii) unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

(xiii) hacking;

(xiv) infringing any intellectual property rights, or unlawful provision/disclosure of information (insider information, confidential information, other proprietary or legally protected information);

(xv) other unacceptable content or behaviour.

User – shall mean an individual who meets all the criteria listed herein.

User Content – any comments, text or voice messages, photos, graphic images, videos, sounds, works of music, and other materials, data and information, as well as links to them uploaded, transferred, published, or otherwise distributed by the User to other Users and/or the COMPANY during the course of the Game use (apart from the User’s personal data, which is subject to Privacy Policy).

Website – http://documentation.upwake.me, all and any websites of the Game and all domains and subdomains of the following levels.

  1. GENERAL PROVISIONS

2.1 The availability of Game and features will vary between countries and not all Game or features may be available in the User’s country.

2.2 Any use of the Game except as specifically authorised in this EULA, without the prior written permission of the COMPANY, is strictly prohibited and may violate intellectual property rights and/or applicable laws. The COMPANY may terminate the licence granted to the User hereunder at any time, with a prior notice, including where the COMPANY reasonably considers that: (a) the use of the Game by the User violates this EULA and/or applicable law; (b) the User fraudulently uses or misuses the Game; or (c) the COMPANY is unable to continue providing the User with the Game due to technical or legitimate business reasons.

  1. USER’S ACCOUNT

3.1 In order to use the Game, the User is required to create an Account following the instructions outlined on the Website or in the Game and, inter alia, fill in the registration form or create an Account using his/her social media account, or his/her account on a Third-Party Platform.

When registering an Account, the User may fill in the registration form with the data he/she considers sufficient for his/her identification in the Game as a unique user, except for the mandatory fields of the registration form, filling in of which shall be obligatory for the User in order to use the Game.

The COMPANY, its affiliates and/or its partners may confirm the receipt of the User’s online application in order to create an Account electronically to the e-mail address or by SMS message to the telephone number provided by the User (not applicable to the Account created by the User using his/her social media account).

3.2 Should the User access and download the Game via Third-Party Platform, the User can use the Game without creating an Account. However, in this case, the User shall acknowledge that he/she is solely responsible for saving his/her game progress in the Game. In order to save his/her game progress, the User is strongly recommended to create an in-game Account or attach his/her game profile to his/her Account on the relevant Third-Party Platform, from which the User accesses the Game (if applicable).

3.3 The User’s Account is for his/her personal, non-commercial use. The Users are informed and accept that the information provided when opening their Account is presumed to establish their identity. The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Account as soon as it is modified so that it always complies with these criteria. The User shall not share the Account or his/her login and password, nor let anyone else access his/her Account or do anything else that might threaten the security of the Account. The User shall maintain the confidentiality of his/her login and password.

3.4 In the event that the User becomes aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorised disclosure of his/her login and password, the User must immediately notify the COMPANY thereof and modify his/her login and password in case the Game has such a functional. In the absence of such prompt notification, the COMPANY cannot guarantee the safety of the User’s game process, the integrity of In-Game Assets and/or In-Game Currency.

3.5 The User is forbidden to distribute, use, or deliberately obtain any information granting access to the Account of another User, as well as distribute links to third party resources containing such information. It is forbidden to use or attempt to use another User’s Account, inter alia, to log into the Account registered by another User in the case of receiving such information or by other means.

  1. IN-GAME ASSETS AND IN-GAME CURRENCY

4.1 The User acknowledges that the COMPANY may provide the User with the opportunity to acquire additional In-Game Assets and/or In-Game Currency within some Game.

4.2 The In-Game Currency is not a means of payment and serves the sole purpose as a means of exchange for In-Game Assets. As a general rule, the In-Game Currency cannot be exchanged for cash or other valuables, except for the In-Game Assets during the usual course of the Game. Any unused In-Game Currency cannot be converted back into cash under any circumstances. Should it be provided by the functionality of the Game and/or other services of the COMPANY and/or its affiliates, the Users may be allowed to exchange the In-Game Assets with each other, inter alia, for In-Game currency, and/or exchange In-Game Currency for cash or other valuables.

4.3 The User may be provided with the opportunity to acquire for cash a limited, personal, non-transferable, non-sublicensable, revocable licence to use the In-Game Assets and/or the In-Game Currency exclusively from the COMPANY and/or its authorised partners by using one of the approved payment methods provided for each respective Game.

4.4 The COMPANY will credit the In-Game Currency to the User’s Account after receipt of the payment. The charge of the In-Game Assets and/or the In-Game Currency to the User’s Account shall be made as soon as possible. The User hereby acknowledges and agrees that due to circumstances beyond the control of the COMPANY, there may be delays in receiving payment information from the payment processing systems regarding the User’s in-game purchases.

4.5 The COMPANY does not guarantee, that (i) In-Game Assets that the User wants will be available at the time the In-Game Currency is credited to his/her Account, (ii)the User will be able to use the In-Game Assets for an indefinite or desired period, (iii) the User will be able to exchange the In-Game Currency for any or specific In-Game Assets, (iv) the characteristics or the intended use of the In-Game Assets will remain unchanged for the duration of the operation of the Game or will meet the User’s expectations or preferences.

4.6 The COMPANY shall not be liable for the User’s loss of In-Game Assets and/or In-Game Currency during the game process obtained as a result of participation in the Game.

4.7 Taking into account the technical complexity of the Game and the resources used for the operation of the Game, the COMPANY carries out regular maintenance diagnostics of the Game. The COMPANY may withdraw In-Game Assets and In-Game Currency already displayed in the User’s Account in case such maintenance diagnostics reveals that such In-Game Currency or In-Game Assets were accidentally displayed in the User’s Account, including because of a bug or an error in the Game or the COMPANY’s Website, as well as if the presence of the specified In-Game Assets and/or In-Game Currency may lead to incorrect operation of the Game.

4.8. If the User is a child under the applicable laws, he/she may acquire additional In-Game Assets and/or In-Game Currency within some Game only with the parental consent. The COMPANY may from time to time request the parental consent confirmation.

4.9. If the Company reveals that either parental consent was not given by the parent/legal guardian of the User, or in case of failure of the User to provide the parental consent confirmation, the Company may withdraw In-Game Assets and In-Game Currency already displayed in the Account of such User, as well as to apply other sanctions provided in this EULA.

4.10. The COMPANY has the right at any time, without notifying the User and without explaining the reasons, to suspend or terminate the EULA without compensation for any costs, losses or refunds received under the EULA, including if the User does not use his Account for 12 (twelve) months or more, as well as in in the event of any, including one-time, violation by the User of the terms of the EULA, including the Game Rules, unless otherwise expressly provided by applicable law. For the avoidance of doubt, in the event of suspension or termination of the EULA for the reasons specified in this paragraph, the User's rights to non-activated data and commands are terminated, and In-Game Items, including In-Game Currency, are subject to deletion from the User's game account.

  1. RIGHT OF WITHDRAWAL

5.1. All fees payable for the Game, the In-Game Assets and/or the In-Game Currency are non-refundable, except as expressly set forth in accordance with applicable legislation. All in-game sales are final. The Game, the In-Game Assets and/or the In-Game Currency are not subject to return or exchange unless it is otherwise provided for herein. By purchasing the Game, the In-Game Assets and/or the In-Game Currency, as well as exchanging the In-Game Currency for the In-Game Assets, the User understands and agrees that (i) the User’s access to the Game may be terminated according to this EULA, and/or (ii) the Game may be discontinued at any time for any reason, and that such events do not give rise to the User’s right to receive a refund of any sums paid for any used or unused Game, In-Game Assets and/or In-Game Currency.

IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THAT THE USER IS DISSATISFIED WITH THE GAME.

5.2. The transfer of the In-Game Assets and/or the In-Game Currency is prohibited except where expressly authorised in the Game. Other than as expressly authorized in the Game, the User shall not sublicense, sell, redeem or otherwise transfer or attempt to transfer the In-Game Assets and/or the In-Game Currency to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of the Users right to access to his/her Account and/or the Game. Should it be provided by the functionality of other services of the COMPANY and/or its affiliates, the Users may be allowed to exchange the In-Game Assets with each other, inter alia, for In-Game Currency, and/or exchange In-Game Currency for cash or other valuables.

  1. LIMITED LICENCE

6.1 From the moment of acceptance of this EULA by the User, the COMPANY grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable licence to install and use the Game in the Territory within the scope of its functionality and solely for personal and non-commercial use, and, in full compliance with this EULA and any other documentation accompanying, or being incorporated into, the Game.

6.2 The User agrees and acknowledges that any and all rights to intellectual property (including, without limitation, in the Game and any related Materials) belong to the COMPANY and/or its partners/affiliates (if applicable). Rights to intellectual property granted hereunder are licensed, but not sold.

6.3 The User is expressly prohibited to:

6.4 No other rights to the Game or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.

  1. USER CONTENT

7.1 By transmitting or submitting any User Content, the User affirms, represents, and warrants that such transmission or submission is (a) accurate and not confidential; (b) not in violation of Game Rules, Forum Rules, contractual restrictions, any applicable laws and regulations, or third party rights, and that the User has permission from any third party, whose personal information or intellectual property is in the User Content; (c) such User content is free of viruses, adware, spyware, worms, or other malicious code; (d) the User acknowledges and agrees that any of his/her personal information within such content will, at all times, be processed by the COMPANY and/or its partners/affiliates in accordance with the Privacy Policy; (e) the User grants the COMPANY and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, limited right to use such User Content by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it; this license shall be deemed granted to the COMPANY for the entire duration of the intellectual property rights to such User Content from the moment the COMPANY acquires such rights, inter alia, from its affiliates.

7.2 The COMPANY reserves the right in its sole discretion, for justified reason, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content without notice. The COMPANY assumes no responsibility for the conduct of any User submitting any User Content and assumes no responsibility for monitoring the Game for Unacceptable Content or inappropriate conduct of the Users. The COMPANY does not, and cannot, pre-screen or monitor all User Content.

7.3 The User acknowledges and agrees that his/her use of the Game is at his/her own risk. By using the Game, the User may be exposed to Unacceptable Content of other Users that is offensive, indecent, or otherwise not in line with his/her expectations. The User bears all risks associated with the use of any User Content of other Users available in connection with the Game. At the discretion of the COMPANY, its representatives or technology may monitor and/or record the User’s interaction with the Game or communications with other Users (including, without limitation, messages) when the User is using the Game. By entering into this EULA, the User hereby provides his/her irrevocable consent to such monitoring and recording. If, at any time, the COMPANY chooses, in its sole discretion, to monitor the Game, the COMPANY nonetheless assumes no responsibility or limited responsibility for the User Content. The COMPANY has the right, in its sole discretion, to edit, refuse to post, or remove any User Content.

  1. SANCTIONS

8.1 The COMPANY shall independently determine the fact of violation. In the case of violation of the EULA, inter alia, the Game Rules, and/or the Forum Rules by the User, the COMPANY shall have the right to apply the following sanctions to the User, depending on the extent of the violation committed by the User and its adverse effect on the game process and other Users:

8.2 The COMPANY will make reasonable efforts to provide the User with explanation on what the terms of this EULA, inter alia, the Game Rules, and/or the Forum Rules were violated by the User, as a result of which the sanctions were applied by the COMPANY. The COMPANY disclaims the obligation to present the User a documentary evidence of the violation.

8.3 The COMPANY shall be entitled to prohibit the User to register new Accounts in case of the violation of the EULA, inter alia, the Game Rules, and/or the Forum Rules by the User. In case the COMPANY finds that such User has multiple Accounts, the COMPANY reserves the right to apply the foregoing sanctions to all Accounts of such User.

  1. HEALTH OF USERS

The following precautions should be taken by the Users:

WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO GAME CONTAINING SUCH LUMINOUS STIMULATIONS; COMPANY HIGHLY RECOMMENDS THE USERS TO CONSULT THEIR DOCTOR BEFORE ANY USE OF THE GAME. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAME. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, THE USER MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR HIS/HER PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.

  1. AUTOMATIC UPDATES TO THE GAME

10.1 In order to improve the Game, the COMPANY reserves the right to introduce automatic updates and changes into the Game so long as the User’s device is connected to the Internet, without the User needing to install the said updates and changes manually. User acknowledges and agrees that some updates and changes to the Game may lead to the system requirements increase. In order to ensure the efficiency of the mentioned updates and changes, and to enable the User to continue using the Game, the User hereby expresses their consent to the introduction of such updates and changes by the COMPANY. The User shall be solely responsible for ensuring that his/her device has sufficient system requirements and memory in order to use and store the Game.

10.2 This EULA applies to any automatic updates (additions, modifications) to the Game that are introduced by the COMPANY by means of the Internet and which are not accompanied by a separate licence or other agreement.

  1. WARRANTY DISCLAIMER

IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.

THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. LIABILITY

IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.

NEVERTHELESS, THE COMPANY LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.

IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE GAME BY THE USER.

THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING OR LAUNCHING THE GAME ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE GAME. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.

IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.

  1. DATA AND INFORMATION SECURITY

13.1 COMPANY's personal data protection rules are available in the Privacy Policy and the Cookie Policy.

COMPANY is very concerned about the protection of personal data. The personal data collected by COMPANY in the context of the present document will be subject to automated processing in accordance with applicable law and the COMPANY’s personal data protection rules. All information collected as part of the provision of the service is recorded by COMPANY, which is data controller. It is essential for the operation of the services offered by COMPANY

In order to exercise one or more of his/her rights, the User must provide proof of identity and contact the person in charge of data protection at COMPANY (through our Support Service or writing to 15 Dimitriou Karatasou, ANASTASIO BUILDING, 6th Floor, Room/Office 601, Strovolos, 2024, Nicosia, Cyprus).

In the event of a complaint, it is possible to contact the authority of the User’s country of residence. If the User resides in France, he/she may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on www.bloctel.fr. Such User can also contact CNIL at www.cnil.fr.

13.2 The information submitted by the User in any way is to be accurate.

Although the COMPANY does its very best uses reasonable efforts to ensure the confidentiality of the data information and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, the User understands that no security measures is perfect and that it can be circumvented.  

13.3 The User understands and acknowledges that, even after deletion of data and the User Content provided by the User, such data or User Content may remain accessible in the cache or Web archives, as well as in the search results of search engines, and may also be available to other persons if other Users have copied and stored the User’s data or User Content.

13.4 The COMPANY cannot control the actions of other Users with whom the User wants to share his/her account data (login and password). Therefore, the COMPANY cannot warrant that any User Content that the User posts in the Game will not be available for viewing by unauthorised persons.

13.5 For the purpose of detection system improvement and elimination of malfunctions and errors in the Game, as well as detecting the use of third-party software resources that affect the game process, the User permits and COMPANY has right to automatically collect, store, process, submit to third party for achieving such purpose areas of User Device RAM used by the User simultaneously with the launch and/or operation of the Game as well as the following data: (a) software information installed in personal computer of the User including operating system, drivers, dxdiag; (b) full-size screenshots showing the Client part of the Game running, (c) the User’s device information, its basic characteristics and parameters and (d) dll list connected to the process of the Game functioning on User’s device, its versions and checksums. The collected information of the User indicated in subclauses (a)-(d) hereof shall be completely anonymized.

13.6 The information provided by the User is used by the COMPANY and/or its partners/affiliates in accordance with the Privacy Policy.

13.7. The COMPANY may employ User authentication technologies, including using cookies, as well as employ these technologies for marketing purposes to study the Users’ preferences. With such authentication being anonymized and generalized, the COMPANY shall neither track the actions of, nor transfer information about individual Users. To the extent required for certain Game to operate properly and pursuant to applicable law, the privacy of correspondence shall be ensured with the User data kept confidential, unless otherwise provided by applicable law.

  1. APPLICABLE LAW AND JURISDICTION

Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of England and Wales. All disputes arising out of or in connection with interpretation and/or execution of this EULA shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the User and the COMPANY fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the COMPANY’s place of location unless otherwise expressly provided by applicable law.

If the User resides in France, this EULA is subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.

In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.

  1. MISCELLANEOUS

15.1 This EULA is effective from the moment the User first downloads, installs, or otherwise uses the Game and shall last until terminated in accordance herewith. The User may terminate this EULA at any time by uninstalling the Game. The COMPANY may terminate this EULA by notifying the User of termination by any means available to the COMPANY; in this case, the User shall immediately uninstall the Game.

15.2 The COMPANY may modify the functions and informational content of the Game, as well as any related Materials, at any time, at its own discretion without additional cost to the User. For instance, the COMPANY may add, amend, review effectiveness, delete or remove certain quantitative and qualitative features or attributes of the Game, In-Game Assets, Materials and their elements, in order to improve the user experience, make the gameplay more interesting and enjoyable, fix bugs and errors of the Game, make balance changes, etc. In case that would cause a reduction in the User’s rights, the COMPANY will notify the Users about such change in a clear and comprehensible manner reasonably in advance, in which case the notified User shall have the right to terminate the EULA free of charge within 30 (thirty) days of the receipt of the information or of the time when the Game, In-Game Assets, Materials and their elements have been modified by the COMPANY, whichever is later.

15.3 Unless such assignment is likely to result in a reduction in the User’s rights, the COMPANY may, at its sole discretion, at any time assign and/or delegate its rights and obligations under this EULA, or any part thereof, to any third party upon a transfer or sale of all or substantially all of its business to which this EULA relates to, whether by merger, sale of stock, sale of assets, or otherwise. In that case the COMPANY shall publish the amended EULA. The User’s rights and obligations arising out of this EULA shall be considered transferred to the assignee of the COMPANY at the moment of the aforesaid publication. The User’s rights and responsibilities hereunder are personal and non-transferable.

15.4 In case of termination of this EULA, Sections 11, 12, 13, 14, and 15 remain in force.

15.5 This EULA constitutes full agreement between the User and the COMPANY regarding the use of the Game by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of the Game.

15.6 If any provision of this EULA is or becomes illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of this EULA shall remain in full force and effect.

15.7 The EULA may be modified by the COMPANY at any time. Any amendment to the EULA shall be notified to Users. The User shall undertake to independently check the EULA with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account.

15.8 COMPANY reserves the right to revise the terms of this EULA, inter alia, the Game Rules, and/or the Forum Rules, by updating the EULA at the Website, or by notifying the User by e-mail. The revised EULA comes into force on the date on which it is published. The User is advised to check the above website periodically for notices concerning such revisions. The User’s failure to take the actions of familiarising himself/herself may not be the ground for failure to fulfil the User’s obligations and the User’s failure to observe the limitations established hereby. The User’s continued use of the Game shall be deemed to constitute acceptance of any revised terms.

15.9 For the matters related to performance of this EULA and/or use of the Game, the User may contact the COMPANY through our Support Service.

Only the English version of this document shall have legal effect. Any translations of this document into other languages are provided for Your convenience only. 

 

Appendix No.1
to the End User Licence Agreement

GAME RULES

RECITALS

This document is deemed an integral part of the EULA and regulates the rules of participation and the User’s conduct in the Game, restriction of the Users’ actions in the Game, the User’s liability for noncompliance with such rules and restrictions, and the COMPANY’s rights to take actions established by the EULA against the User and terms thereof. The full acceptance of these Game Rules and the assumption of their full compliance are mandatory conditions for the User’s participation in the Game.

The Rules are valid and establish the conduct of the Users in the Game and during the use of supporting game services. Rules for participation and conduct are established to provide the most comfortable presence in the Game for each User. Noncompliance with the Game Rules may lead to restriction of features (in any form, including: the use of characters, the In-Game Assets, the In-Game Currency, interactions with other characters, the game world and its functionality, etc.) or access to the User’s Account for a long period without compensation of the User’s costs (if any).

For violation of the Game Rules, the COMPANY may apply sanctions to the User as set forth in the EULA. By using the Game, the User expresses his/her trust in the COMPANY to make any decision related to the interpretation of and compliance with the Game Rules.

The COMPANY reserves the right to identify and locate all Accounts of the User, determined by the hardware properties, IP or other information, obtained directly or indirectly by the COMPANY and its affiliates as well as to expand the sanctions applied to one Account of the User to any or all of the Accounts of this User.

  1. GAME CHARACTER

1.1 The User is forbidden from performing the following actions in the Game with his/her characters: selling, purchasing, exchanging, transferring, gifting, as well as distributing information regarding the intent to perform actions indicated by the User himself/herself or by any third party.

1.2 The User is forbidden from using (including blurred, hidden with special symbols, for instance, @#$%) the following designations as the name of the Game character, name of the Game clan, or other group:

1.2.1 offensive or rude words, inciting words of a discriminatory character, swear words and phrases, expletives in any language, composed of letters of any alphabet;

1.2.2 proper names and other words and phrases used in religions or cults, which may insult the feelings of believers (using such common religious concepts (except for proper names) as “paradise”, “hell”, “angel”, “devil”, “voodoo”, etc. in the name of the Game’s clans and the Game’s groups is not prohibited. For example, the clan name of the group such as “Team of Devils” or “Voodoo Dolls” corresponds to these Game Rules);

1.2.3 names of historical figures and politicians;

1.2.4 words and phrases that are directly or indirectly related to drugs and the means of their preparation, use, and acquisition;

1.2.5 words and phrases that may mislead other Users that the User, registered under such a name, is a representative of the COMPANY or otherwise has a direct or indirect relation to it, or has any rights of administration of the Game;

1.2.6 unpronounceable letter combinations;

1.2.7 words and phrases that contain advertisements for goods or services, including any domain names and trademarks;

1.2.8 words and phrases that violate the rights of third parties (including, but not limited to, intellectual property rights) or the requirements of the applicable law.

Should specific phrases or words be ambiguous, in order to avoid disputes, the User is encouraged to first contact the COMPANY via our Support Service to receive an official response from the COMPANY on their admissibility.

  1. GAME ACCOUNT

2.1 The User’s Account is for his/her personal, non-commercial use. The User is forbidden to perform the following actions in the Game with his/her Account: sell, purchase, exchange, transfer, gift, as well as distribute information regarding the intent to perform these actions indicated by the User himself/herself or by any third party.

2.2 The User shall not share the Account or his/her login and password, nor let anyone else access his/her Account or do anything else that might threaten the security of the Account. The User is responsible for maintaining the confidentiality of his/her login and password, and the User will be solely responsible for all use of his/her login and password, including any purchases or other changes to the Account, whether they were authorised by the User or not. The User is responsible for anything that happens through his/her Account. The COMPANY will not be responsible for anything that happens through or to the Account as a result of the User allowing any third party to access his/her login and password and/or Account.

2.3 In the event that the User becomes aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorised disclosure of his/her login and password, the User must immediately notify the COMPANY and modify his/her login and password. The COMPANY cannot guarantee the safety of the User’s game process in the absence of such prompt notification.

2.4 The User is forbidden from distributing, using, or deliberately obtaining any information that grants access to the Account of another User in the Game, on the website of the Game, Game forums, the Game’s supporting services, and also from distributing links to third-party resources that contain such information. The User is forbidden from using or attempting to use another User’s Account without authorisation from that User and the COMPANY, inter alia, to log into the Account registered by another User in the case such information was received by other means.

2.5 The COMPANY reserves the right to prescribe that the User is only permitted to participate in the respective Game with one Account (“prohibiting multi-accounts”). Even in those Game where the User is allowed to create more than one Account, it is prohibited that several Accounts communicate together or interact in any other manner, entailing the creation of unintended gaming behaviour or inappropriate property (“prohibiting data exchange”). In particular, the User is not allowed to use these Accounts to create an advantage for one of his/her other Accounts. Breaching of the prohibition on multi-accounts and/or the prohibition on data exchange may lead to the deletion of all Accounts of that User.

  1. IN-GAME ASSETS AND IN-GAME CURRENCY

3.1 The User is forbidden from performing or encouraging the following actions in the Game with any In-Game Asset and/or the In-Game Currency: selling, purchasing, or exchanging non-game valuables, including cash and other means of payment, items, services, and obligations. The User is forbidden from selling, purchasing, or exchanging the In-Game Assets and/or the In-Game Currency, as well as from distributing information regarding the intent to perform the above-mentioned actions by the User himself/herself or by any third party. Should it be provided by the functionality of the Game and/or other services of the COMPANY and/or its affiliates, the Users may be allowed to exchange the In-Game Assets with each other, inter alia, for In-Game currency, and/or exchange In-Game Currency for cash or other valuables.

  1. PAYMENTS

4.1 The User is forbidden from using the bonus, provided solely within the organiser’s terms, as well as credit forms of payment, without the timely compensation/refund of the credit part, and/or other activities with the intent to hide the fact of use or benefit without timely compensation/refund of performed payments, as well as any attempt to commit the indicated actions or use the In-Game Assets, or the In-Game Currency obtained by other Users as the result of violation of the Game Rules and the EULA. In the case of such violation, the COMPANY shall, at its own discretion, expropriate such In-Game Currency, In-Game Assets, and/or equivalent in In-Game Currency from the User’s Account, restricting features and access to the Account.

4.2 The User is forbidden from performing payments, both by means of having liquidity of temporary limitation, and by methods with no possible legal verification of transactions. Payments, of which the User cannot provide verification of the legal possession of payment funds and their security with actual funds, may constitute grounds for restricting features and access to the User’s Account.

  1. CHEATING

5.1 The User is forbidden from creating and/or using bots in the Game (third-party software that makes it possible to automatically control characters/the Game), from using other software, technical and/or other means, capable of altering the game process uncovered by the Game script, from simulating the actions of Users in the Game and/or ensuring knowingly non-competitive advantages for the User in the Game.

5.2 The User is forbidden from performing any actions that impede or prevent other Users from accessing the Game or the COMPANY from fulfilling his/her obligations. It is forbidden to create obstacles for other Users in the Game that are not covered by the game process and to perform any actions that interfere or disrupt the Game, servers, or networks connected to the Game, or disobey any requirements, procedures, policies, or regulations of networks connected to the Game.

5.3 The User is forbidden to directly or indirectly disable or otherwise impede the work of programs for detecting and preventing the use of software or hardware resources of third parties, giving the User an unintended advantage in the Game.

5.4 The User is forbidden from trying to benefit from intentional (or repeated) participating in the game process as a part of the Game group (team) with other Users who have violated clauses 5.1, 5.5 and/or 5.6 of Game Rules.

5.5 The User is forbidden from using and distributing information, calling for the use of, or publicly propagating any errors, both in-game and of any supporting software. In the event that the User detected such errors in the Game, he/she shall discontinue taking advantage thereof and report these errors to the COMPANY through our Support Service from the moment such errors were detected, describing true to fact and in detail all circumstances of such detection and use. In the case any User’s doubts whether such functioning of any separate game process, the In-Game Assets, or the In-Game Currency at the moment is normal or has abnormalities, deviation, or errors, the User shall stop using such process, the In-Game Assets, or the In-Game Currency and ask the COMPANY through our Support Service for clarification.

5.6 The User is forbidden to decompile, decode, and reverse engineer data, to bypass data security systems, to crack or attempt to crack the software components of the Game or its services, and/or to intercept the data going to or from the server. The following is forbidden: (inter alia) any modification, change, decompilation, decoding, sale, or distribution of modified materials of the Game as a whole or in parts (or the means and materials required for performing such actions), using programming errors, making changes in the program code, and obtaining unauthorized access to the server and database of the Game. In certain specific cases, the COMPANY has the right to immediately suspend the User’s access to the Game and to request appropriate authorities to prevent any breach of EULA and/or applicable law provisions.

5.7. The User is prohibited from performing or encouraging the following actions in the Game: rendering fee-based services to other Users without involving the COMPANY as intermediary (for example, facilitating access to raids or covert operations, or power-levelling on ladders of rating matches), or availing of the services above, as well as announcing and communicating his/her intention to perform these actions, should such services be rendered in exchange for values other than Game-specific ones, including cash and other means of payment, items, services, obligations.

5.8. The User is prohibited from playing rigged matches agreed in advance by participants or members of their groups, or recognized as such by the COMPANY, including within matches, in-game events and competitive modes that affect awarding, whether directly or not.

  1. UNACCEPTABLE CONTENT

6.1 The COMPANY reserves the right to provide its own linguistic evaluation of the compliance of any phrases and words with these Game Rules. In the case of multiple meanings of exact phrases or words, and to avoid controversial situations, it is necessary to send a preliminary request to the COMPANY through our Support Service to receive an official response as to the appropriateness of their use.

6.2 The User is forbidden from spreading rumours, slandering, or defamatory information regarding the COMPANY, other Users, the COMPANY’s affiliates, game services, game promotions, game events and the Game in general.

6.3 The User is forbidden from using any words and symbols that are profane, offensive, provoking, promotional, or not applicable to the Game in any form within the names or descriptions of characters, In-Game Assets, guilds, and any other communities and organisations of gamers.

6.4 The User is forbidden from using profane or offensive words within the game process, common channels, and services of communication, informing several Users simultaneously, forbidden from threatening violence or physical altercation, promoting drugs, pornographic materials, or third-party resources that contain such materials that are publicly available, and forbidden from spreading propaganda of racial, national, religious, cultural, ideological, gender, language, or political intolerance within all channels and types of messages, with no exceptions, as well as from encouraging such actions and expressions from other Users.

6.5 The User is prohibited from establishing, recruiting to or otherwise supporting player communities whose ideology implies religious, ethnic, gender discrimination (or whose ideology tends to share similar attitudes), based on nationalist, racist or sexist beliefs.

6.6 The User is forbidden from publishing information (links, tags, microblogs, descriptions of methods, etc.) or uploading files containing malware (viruses, Trojans, etc.), corrupted, or modified files or data, or other similar software causing damages to the Game, and from disrupting operation of other devices, and the means of communication or integrity of other Users’ Accounts.

6.7 The User is forbidden from sending spam (informational links and announcements not related to the game process), “floods” (multiple repeat, reproductions, copying, etc. of information) in any form of the Game’s informational services (chats, private messages, in-game letters, advertisement boards, etc.), as well as from using the Game and/or game services for the purposes of organising illegal or non-game activity.

6.8 The User is forbidden from performing any promotional announcements in any form, including reproduction of any links to Internet pages within the Game without the preliminary approval of the COMPANY.

6.9 The User is forbidden from using any informational services of the Game to distribute information regarding political parties, public and religious organisations and movements, as well as from regarding their promotions, actions, demonstrations, etc., and from calling for participation in them or bringing similar activities in either form into the Game that deliberately provoke disputes and conflicts between other Users.

6.10 The User is forbidden from acting within the Game communication methods (chat, mail, notifications) in a manner that may mislead other Users that the User, registered under such a name, is a representative of the COMPANY or otherwise has a direct or indirect relation to it, or has any rights of administration of the Game.

  1. USER INTERACTIONS

7.1 The User shall respect the rights of other Users to participate in the Game, and shall by no means create situations, in which other Users’ rights in the Game may be violated and/or restricted. The COMPANY reserves the right to provide its own legal evaluation of the actions and the compliance of the situation with this clause.

7.2 The User is solely responsible for his/her interactions with other Users of the Game. The COMPANY reserves the right, but has no obligation, to become involved in any way with these disputes. The User shall fully cooperate with the COMPANY to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting the COMPANY access to any password-protected portions of his/her Account.

  1. OTHER TERMS

8.1 The User is forbidden from using any data mining, robots, or similar data gathering or extraction methods.

8.2 The User is forbidden from offering arguments such as “in conformity with the role”/“role-play” in defence of illegal actions of any kind.

8.3 The User is forbidden from deliberately submitting false information in the case of contacting the COMPANY through our Support Service and is also forbidden from falsifying data that they submit.

 

Appendix No. 2
to
the End User Licence Agreement

FORUM RULES

RECITALS

This document is an integral part of the EULA and regulates the conduct of Users in the Game forum (if it exists) and during the use of the supporting game services, restrictions of the Users’ actions on the Game forum, the User’s liability for noncompliance with such rules and restrictions, and the COMPANY’s rights to take actions established by the EULA against the User and terms thereof. The full acceptance of these Forum Rules and the assumption of their full compliance are mandatory conditions for the User’s use of the Game forum.

The Forum Rules are established to provide the most comfortable presence on the Game resources for each User. Noncompliance with the Forum Rules may lead to restriction of features or restriction of access to the User’s forum account for a long-term period without indemnification of the User’s costs (if any).

For violation of the Forum Rules, the COMPANY may apply sanctions to the User as set forth in the EULA. By posting messages on the forum, the User expresses his/her trust in the COMPANY to make any decision related to the interpretation of and compliance with the Forum Rules.

The COMPANY reserves the right to identify and locate all forum account of the User, determined by the hardware properties, IP or other information, obtained directly or indirectly by the COMPANY and its affiliates as well as to expand the sanctions applied to one forum account of the User to any or all of the forum accounts of this User.

  1. GENERAL PROVISIONS

1.1 These Forum Rules cover all sections of the Game forum as well as social groups, private messages, public messages, and signatures of the Users unless otherwise specified in the thread rules.

1.2 The forum is intended for comfortable communication of the registered Users. The forum may also have a relevant section open for guests (unregistered Users) to read. The forum is intended for discussion of the Game, hardware and software compatibility, User device settings, as well as for the exchange of other information connected to the Game.

1.3 Forum members shall be addressed by their forum or Game alias name (nickname) or by their name if such Users agree.

1.4 The Forum permits each User to register one forum account. Possible exceptions are stipulated in clause 3.1. The User’s login to the forum is permitted only via his/her forum account.

1.5 The lack of knowledge of the Forum Rules will not exempt the User from liability for violations committed.

1.6. For the purpose of preventing spam attacks, the COMPANY may impose restrictions on starting topics and posting comments for newly registered forum members. This being the case, the User willing to post comments shall have to achieve the adequate in-game progress, with the exact score values indicated on the forum for each specific Game.

  1. FORUM MODERATION AND COMMUNICATION WITH THE COMPANY

2.1 The COMPANY shall only provide technical feasibility to the Users to post and exchange messages.

2.2 The COMPANY and any persons authorised by the COMPANY can perform any actions related to moderation (delete, block, move, etc.). However, the COMPANY assumes no responsibility for the User Content uploaded, transferred, published, or otherwise distributed in the Game forum, but, when possible, shall stop all violations in accordance with these Forum Rules.

  1. PROHIBITED FORUM BEHAVIOUR

3.1 Registering more than one forum account by each User, even if such User wishes to continue posting messages after his/her main forum account was blocked for violation of the Forum Rules. Although, in exceptional cases, the User may create one additional forum account in order to contact the COMPANY via personal messages in the event of an emergency. Note: the forum is available as read-only for guests.

3.2 Entering the forum via another User’s login regardless of the means of obtaining this information. Forum Users shall not use other Users’ forum accounts as a way of contacting the COMPANY in the event of an emergency.

3.3 Using profane (including blurred, hidden with special symbols, for instance, @#$%), offensive, or threatening language, or words that discriminate in any way in his/her alias name (nickname), avatar, signature, status, topic headings, messages, or in private correspondence with other Users and/or in video materials.

3.4 Indirectly or directly provoking other Users to trigger obscenities and/or arguments in forum threads, even if the User’s message, or parts of it out of context, are not deemed a violation of these forum Rules.

3.5 Posting of images, links to images, or links to Internet sources containing elements of pornography, violence, propaganda of terrorist, neo-Nazism, any form of discrimination, alcohol and tobacco products, narcotic and psychotropic drugs, or profane or offensive words.

3.6 Propaganda in any form that advocates for the consumption or distribution of alcohol and tobacco products, narcotic and psychotropic drugs.

3.7 Posting of materials, or links to Internet sources with unlicensed content, violations of the Game Rules, “cracks”, “warez”, “no-CD” and others.

3.8 Posting or discussing materials of a promotional nature in any form on the forum, including links to websites, referral links, and spam. Openly advertising other Game and companies (forbidden advertisements).

3.9 Trading (or trade discussions) of the Game’s characters, In-Game Assets, In-Game Currency, forum accounts, or character power levelling, except when the trade (discussions thereof) is conducted solely in exchange for other In-Game Assets and In-Game Currency, with the trade functionality provided by the Game and/or other services of the COMPANY, and/or its affiliates.

3.10 Discussing the Game’s vulnerabilities or defects, as well as any actions or discussions that violate the Game Rules in any way. Upon detecting vulnerabilities or defects, the User shall report them to the COMPANY through our Support Service.

3.11 Publishing messages causing negative consequences to the game process; provoking Users to violate the Game Rules.

3.12 Creating topics with “SCREAMING” headings or headings that are partially typed in capitals (CAPS).

3.13 Creating topics with ambiguous headings (for instance, “Help”, “Attention!”, “Urgently”, “Check out” and others).

3.14 Creating topics in sub-forums that are not intended for the discussion of such topics (for instance, creating topics for discussing the completion of any task in the sub-forums about the Game’s technical issues).

3.15 Creating messages or topics that are confusingly similar to and have minimal differences with the source messages or topics in any sub-forum, thread, or within comments to a public post in the User Content of the Game resources. The COMPANY reserves the right to provide a linguistic evaluation of the similarity of two topics or messages without describing its methods to the User. If the User made an error and created a topic in the wrong forum, the User shall under no circumstances make a copy of it in another forum. The User shall contact the COMPANY via the feedback page and explain the issue. The COMPANY may move topics to the relevant forum.

3.16 Artificial bumping (“up”, “upward”, etc.) of topics in the list; such action shall be considered to be a “flood”.

3.17 Publishing messages in old outdated topics, where the last comments are over a month old (necroposting). Messages or topics that are not interesting for the Users shall not be repeated or artificially bumped. As an exception, the User can update their own old topics in creative sections.

3.18 Posting messages that are not related to the indicated topic (off-topic).

3.19 Posting messages with no meaning (“flood”).

3.20 Posting “screaming” or “eye-catching” messages or signatures that contain an excessive number of capital letters (caps), messages or signatures that are abundant in formatting tags, have a colourful appearance, large fonts, or contain oversized or unreadable images. Any representative of the COMPANY can evaluate excessive formatting.

3.21 Using wide-scale graphic signatures. Furthermore, in signatures it is forbidden to simultaneously use several images, fonts that are larger than the forum’s normal font, add videos, as well as other materials that distract the User from reading the message. The size of images in the signature shall not exceed 430 x 90 pixels, unless otherwise additionally stated in the forum.

3.22 Posting two or more messages in a row in the same topic within less than 12 hours (double posting, multiple posting). The User use the “edit message” option to make additions to messages.

3.23 Excessive quoting (overquoting) is when the size of the quoted material exceeds 5-7 vertical lines. If discussion involves quoting from different sources of information other than the forum, a larger volume of quotation is allowed; it is still recommended to use links to materials, provided that such links do not contradict clause 3.7. Multiple quoting is allowed when blocks of “quotation – respond”, “quotation – respond”, and so on, follow each other.

3.24 Publishing other Users’ materials (photos, images, fan art, texts, etc.) without references to the initial source, and also if the author or “interested persons” are against publication on this forum. In this case, “interested persons” may be individuals who have any relation to the materials, for instance, if he/she is present in the photo. The COMPANY reserves the right to independently define who is considered to be an “interested person”.

3.25 Openly publishing the private information of Users that contains their correspondence with the COMPANY, if permission for such publication was not obtained.

3.26 Publicly discussing the COMPANY’s actions related to forum moderation. Should it become necessary to discuss the COMPANY’S actions related to moderation, the User shall address the COMPANY through a personal message to any representative of the forum administration.

3.27 Nonconstructive, baseless criticism of the Game, the COMPANY, and its partners, as well as of other Users.

3.28 Publishing unofficial materials and news; misinforming Users.

3.29 Openly publishing and discussing products that are in closed alpha and beta testing.

3.30 Disclosing confidential information obtained during testing of the COMPANY’s and its partners’ products, as well as during visits to closed sections of the forum. Posting information considered confidential on third party resources, as well as in forum sections not intended for such purposes, without the COMPANY’s approval.

3.31 Publishing materials that violate the EULA, the Game Rules, the Forum Rules, and/or applicable law.

3.32 Quoting materials that contain violations of the EULA, the Game Rules, the Forum Rules, and/or applicable law. Such quotations shall be considered a relevant violation.

3.33. Cross posting, i.e. posting the same message in various topics or posting the same topic in various threads/sections.

  1. RECOMMENDATIONS

4.1 Prior to posting a question, the User is recommended to use the forum’s search option and try to find a solution using key words and thoroughly study existing materials – the User’s issue has most likely been previously discussed.

4.2 Prior to creating a new topic, the User is recommended to make sure that it is in compliance with the theme of that particular section of the forum.

4.3 Prior to creating a new topic, the User shall make sure that such a topic was not discussed recently and use the forum’s search option for such purposes.

4.4 The User is to be polite during discussions and remember that other Users may have their own opinions that differ from his/her point of view, but that does not provide grounds for “personal attacks”. The best way to avoid “rumbles” is to stay away from discussions.

4.5 If the User comes across a violation of the Forum Rules, he/she is recommended to address the issue to the COMPANY through a personal message to any representative of the forum administration and not post an open message about it. The User is permitted to address the User who violates the Forum Rules via private messages.

4.6 If the User wishes to thank his/her dialogue partners, he/she is recommended to do it in private. It is permitted to thank the dialogue partners in public; however, it shall only be a part of the User’s message.

4.7 When quoting messages, it is advisable to reduce their volume to the minimum necessary for understanding the gist of the message.

4.8 It is advisable to study the forum’s options, which may include a range of convenient tools.