This document is a translation of License Agreement in English. In case of conflict between the Russian version of License Agreement and this translation – only the Russian version of License Agreement is legally binding. The Russian version of License Agreement can be found here.
End user license agreement
Version dated 08 june 2021. This user agreement (hereinafter also referred to as License Agreement) with the end user establishes the conditions, in accordance with which any individual is granted the right to use (a license) those computer (mobile) games, which, when downloaded, installed; or when an account is created in any of them or access is otherwise obtained to them (taking into account the continuous IT development), invite an interested individual to review and accept the terms of this License Agreement.
This License Agreement with the end user is a public adhesion contract. It means that its terms are identical and invariable for all users who wished to receive the right to use the games it covers, and may be adhered to only by unconditional acceptance. The games covered by this License Agreement are programmed in such a way that they become available to the end user only after he or she grants his or her consent to join this License Agreement, therefore, having successfully downloaded and installed the game on his or her electronic device (personal desktop or mobile computer, smartphone or another similar device) by creating an account in the game or otherwise gaining access thereto, the end user automatically accepts all the terms of this License Agreement and undertakes to comply therewith.
Before joining this License Agreement, we recommend that each stakeholder fully reviews it. If, for any reason, the end user is not satisfied with the terms of this License Agreement, he or she shall not join it, which means that he or she will not be able to use the game.
1. Main concepts
Administrator — Gamification Limited Liability Company (OGRN (Primary State Registration Number): 1187847371030) (a commercial organization, which is a resident of the Russian Federation) – a person who owns the rights to the games and their distribution to the end users.
User (end user) — an individual who has joined this license agreement with the Administrator in accordance with the procedure established in clause 2 hereof.
Parties – parties to this License Agreement: Administrator and User.
Game – PC software, which is a combination of data and commands designed for functioning of PC and other computing (including mobile) devices, publication on the Administrator’s server, including Server Component, Game Client and Site.
Game Server Component – PC software published on the server and providing for interaction between the Game Users within the game process.
Game Client – PC software published in social media Vkontakte, Odnoklassniki, Facebook etc., and also on mobile platforms Google Play and App Store, providing for interaction with the Server Component to support the game process.
Site – website of the Administrator located at: http://gamification-soft.com or another address, the link to which is provided to the User, through the web interface, using which the Users may access information materials and services related to the Game (Forum, Chat, etc.).
App Store – an electronic store of applications, a section of iTunes Store online supermarket, containing various applications for iPhone, iPod Touch and iPad, and also for PCs (iTunes) and making it possible to acquire a paid or a free license for their use.
Google Play – an electronic store of Google applications, enabling owners of devices with Android OS to acquire a paid or free license for use of various applications.
Mobile platforms – means App Store and Google Play.
Social Media – a platform, an online service or a website designed to build, reflect and organize social relations. In this License Agreement and Annexes thereto this definition shall mean the following social media: Facebook, VKontakte, Odnoklassniki and other social media, which enable access to the Game.
License Agreement – this license agreement with the end user, including all Annexes thereto, which may be amended or supplemented over time.
Service – a general definition that characterizes the Game, the Site and all resources related thereto.
Registration – a procedure for creating a User Account.
Account – User data making it possible to identify the User in the Game and keep track of actions and events reflecting participation of the User in the gaming process.
Blocking – restricting access to the game by blocking the User’s Account.
Services (additional services) – providing a paid license to the User for use of the additional functions of the Game, facilitating the gaming process. This concept “Services” is conditional, is only a license for use of the extended functionality of the Game, which is not included in the license for the basic functionality of the Game, provided to the User under the License Agreement, and means the services or works in the meaning given to these terms by the norms of civil law.
In-game Currency – virtual values used in the Game, for example, chips.
Penalty – cancellation of a game virtual balance of the User for failure to comply with the Game Rules.
2. User Adhesion to the License Agreement
2.1. The license agreement is a transaction between the Administrator and the User and contains mutual rights and obligations.
2.2. Registration via the Social Media with further entry into the Game by clicking the “Start Game”, “Play” or similar button, or installing the Game on the User’s device through the Google Play and App Store platforms, or visiting the Service means adhesion to this License Agreement.
2.3. If the User disagrees with any of the terms of the License Agreement or Annexes thereto, the stakeholder shall not try to access the Service or, if he or she is already its User, shall stop further use of the Service, which will mean his or her refusal from the License Agreement and termination of the license granted to him or her.
2.4. Any individual who has reached the age of majority by the time of adhesion to this License Agreement may become a user. If the Service is used by minors, including in the case of purchasing additional Services for a fee, the minor and/or partially capable User must obtain the consent of the legal representative to use the Service and/or to make such a purchase. Using the Service or purchasing the Services, a minor and/or partially capable User confirms the existence of advising consent, while the Administrator must not check the existence of this consent, moreover, it is not possible to reliably check the existence of such consent from a technical point of view (the Service does not have such technical capability, and this is not provided for by its functionality).
2.5. All risks related to absence of the above consents, when such are required, shall be borne by the User (a minor or a partially capable person or their legal representatives).
2.6. At the request of the Administrator, the User shall provide the Administrator with a written consent and passport data of the legal representative, whose consent to purchase additional Services was received by the User.
2.7. IF YOU MAY NOT RECEIVE ONLINE GAME SERVICES UNDER THE LAWS OF YOUR COUNTRY, OR ANY OTHER LEGAL RESTRICTIONS ON THE SERVICE USE EXIST, INCLUDING, AGE RESTRICTIONS FOR ADMISSION TO THE SERVICE AND SERVICES, YOU MAY NOT USE THE SERVICE, INCLUDING THE GAME OR CERTAIN SERVICES WITHIN THE GAME AND SHALL IMMEDIATELY STOP USING THE SERVICE, INCLUDING THE USE OF THE GAME OR SUCH SERVICES WITHIN THE GAME.
2.8. The Administrator shall be entitled to unilaterally amend this License Agreement and Annexes thereto. When amending the License Agreement, the Administrator shall notify the Users accordingly by posting a new revision of the License Agreement on the Site at the following permanent address: http://gamification-soft.com/eula.html
2.9. The User shall independently check the License Agreement and the Annexes thereto for amendments. Failure by the User to take steps to review the License Agreement and/or the amended revision of the License Agreement may not serve as grounds for the User’s failure to fulfill his or her obligations or the User’s failure to comply with the restrictions specified by the License Agreement. If the User disagrees with the Amendments, the User shall stop using the Service.
2.10. If the User fails to comply with the License Agreement or Annexes thereto, the Administrator shall be entitled to send to the User a warning regarding the violation or immediately terminate/suspend or restrict access to the Service. The User agrees that the Administrator shall not send him or her a prior notification of the termination or suspension of access to the Service, but may do so.
2.11. The User agrees that the Administrator may deny any User access to the Service for technical reasons without notifying the User.
2.12. The User agrees that the Administrator may change the content of the Service at any time for any reason, with or without an according notification to the User, without any responsibility therefor.
2.13. The User agrees that the Administrator reserves the right to fully or partially restrict the functionality or terminate the provision of the Service for technical, technological, preventive or other reasons at its own discretion with or without a prior notification to the User.
3. Subject Matter of the License Agreement
3.1. The Administrator grants the User the right to use the Service for personal (household) purposes on the basis of a simple (non-exclusive) license. Besides, the User may use the Service only for personal (household) purposes for its intended purpose, including to participate in the game process, in accordance with the provisions of the License Agreement and user functions of the Service (hereinafter referred to as “Access to the Game”); in the same way, the User may use additional advanced functions of the Game, that is, the Services provided on additional terms, identified in each case separately, depending on the purchased Service. Unless otherwise specified in this License Agreement, the license shall be granted to the User free of charge and for the period, when the Service remains available to the User, and within the territory, where the Service remains available to him or her. The User may not execute sub-license agreements.
3.2. Access to the Game is free and is provided under the license described above for the basic functionality of the game (clause 3.1 above).
3.3. The Game includes Services provided for a fee and enabling the User to facilitate the game process in the form of additional in-game advantages, in-game objects and options that constitute the extended licensed functionality of the Game. The Services shall be provided under the terms of the basic license (clause 3.1 above), except for the gratuitous nature of the basic license; and also other features of Services provision may be specified in other provisions of this License Agreement.
3.4. Services are optional, the User may access the Game, that is, use its basic functionality without such.
4. Intellectual Property
4.1. All materials related to the Service (including, but not limited to, designs, texts, graphics, trademarks, trade designations, service marks, logos, domain names of the Administration, other means of individualization, images, videos, information, applications, software, databases data, music, sound and other files, as well as their combination and arrangement) (hereinafter referred to as Intellectual Property) are the results of intellectual activity, and belong to the Administrator legally and are protected by law from unauthorized use. The User, according to the License Agreement, shall not be entitled to use the Intellectual Property of the Administration without first obtaining the appropriate written permission from the Administration, unless otherwise provided in this License Agreement.
4.2. The User agrees that no materials related to the Game may be amended, copied, distributed, reproduced, re-published, downloaded, damaged, displayed, posted, transferred or sold in any form or by any means, in whole or in part, and any other use without express prior written permission granted by the Administration. This limitation shall not apply to User-owned Content (as defined below) that can be legally posted. All other uses of materials protected by copyright, including any secondary use, require express prior written permission from the Administrator. Any reproduction or dissemination of materials violating these Rules shall be directly prohibited and may cause civil and criminal liability.
4.3. The User acknowledges that he or she acquires no property or exclusive rights when using the Games or accessing any materials published in the Games, services, sites, owned by the Administrator, or to any derivatives of such materials.
4.4. Execution of this License Agreement may not under any circumstances be regarded as a transfer and/or assignment of rights in relation to the Game and/or its components, including, but not limited to, game characters from the Administrator to the User. Besides, management and development of characters in the Game may not be regarded as the User’s and Administrator’s authorship and/or co-authorship in relation to such game characters.
5. User Content
5.1. The User agrees that he or she may of his or her own free will publish the content in the Service, using technology and tools provided by the Administrator. The User understands and agrees that he or she may not disseminate, sell, transfer or license this content and/or application in any way, in any country or social media or other environment without an express written permission provided by the Administrator.
5.2. Any data, text, graphics, photographs, files and their combination and layout (hereinafter referred to as “Content”) posted on the Service by the User may be used in whole or in part without restriction by the Administrator for commercial, non-commercial and/or advertising purposes.
5.4. The User hereby undertakes to monitor the Content for its compliance with ethical, moral standards, as well as legal norms. The User shall be responsible for any Content posted by him or her on the Service.
5.5. The User shall not post any Content that is: (i) offensive, illegal, obscene, defamatory, slanderous, threatening, deceptive, inappropriate, pornographic, annoying, hateful, or otherwise contrary to or violating any law; (ii) is fraudulent or misleading; (iii) is not owned by the User or protected by any applicable copyright, trade secret or otherwise violating the right to privacy, property rights or any other rights of any person; (iv) advertising or offering business, money, goods or services; or (v) parody (meaning ridicule or any impersonation of a third party or invasion of the privacy of any third party).
5.6. The Administrator may (but shall not undertake the obligations to) decide to what extent any Content used by the User complies with this License Agreement, and the Administrator may, at its sole discretion, remove such content, suspend and/or terminate this License Agreement with the User if the User uses any Content, contradicting the requirements of this License Agreement, current law, a ruling or request of a court, administrative or other state authority.
5.7. The Administrator may or may not verify the Content and shall not guarantee the accuracy, quality or integrity of any Content posted through the Administrator’s Services. Using the Services, the User shall acknowledge and accept that he or she may come across material that he or she considers offensive or objectionable. The User agrees that the Administrator shall not be responsible under any circumstances for any Content, including but not limited to errors in any Content, or any damage or loss caused by the use of the Content.
5.8. If provisions of clause 5.5. hereof are not complied with, the Administrator may delete, temporarily or permanently, any User Content from the Service, with or without sending a notification to the User.
5.9. The User may have access to the functionality for exchanging messages with other Users. Such functionality shall not serve as a tool to exchange confidential or other similar information and shall be used by the User only for gaming and related purposes. The content of Users’ messages may be moderated by the Administrator for violations hereof.
6. Procedure of Providing User with Access to the Game and Provision of Services
6.1. The User shall be provided Access to the Game and Services hereunder, if the User reviews and confirms consent to this License Agreement and Annexes thereto in accordance with the procedure provided for by clause 2 hereof.
6.2. The User shall be provided with Access to the Game within the limits and with the restrictions set forth herein and Annexes hereto, as well as under the terms specified in the Game, including in accordance with the Game Rules.
6.3. The Services shall be paid by the User in accordance with the procedure provided for by this License Agreement and other Annexes thereto.
6.4. The Services shall be paid by the User by depositing funds using methods specified on the Administrator's site, in the Social Media or Mobile Platform store (Google Play, App Store). The payment amount shall be determined depending on the selected Service and within the limits established by the selected method of payment for a specific Service. The Services shall be deemed paid from the moment the Administrator receives confirmation of payment from the system through which the payment was made.
6.5. The User recognizes and agrees that the Administrator shall not convert back the In-Game Currency (or other in-game values) into money in cash or non-cash form and shall not compensate any expenses of the User, including expenses in connection with transfer of money to the Administrator by Mobile Platforms or other persons who accept payments, and shall not pay interest for using money, since In-Game Currency is an additional function of the Game, and its payment with money – payment for provision of the right to use (license) of such function. The User may not purchase In-Game Currency or in-game values from any third parties or sell or donate In-Game Currency or other in-game values to third parties, since the Administrator shall not grant any rights to anyone for granting a sub-license for such functions of the Game.
6.6. The User agrees that to account for the User’s actions in the Game, including those related to the purchase of in-game values and other in-game functions, only the accounting system of the Administrator or third parties is used, which third parties carry out such accounting under an agreement with the Administrator.
6.7. Any public or additional services or Services within the Game shall be provided solely by the Game Administrator. If the Administrator establishes that the User receives Services or additional services within the Game from other third parties (individuals and/or legal entities), acting without an agreement with the Administrator, the Administrator may suspend, restrict and/or terminate provision of the Services and/or additional services to the User, eliminate all effects of such services within the Game and refuse from the License Agreement with the User.
6.8. If as a result of a technical error, a failure of the Game or deliberate actions of the User, he or she received the Services without actual monetary payment, incomplete payment and/or failure to debit in-game payment instrument off the User’s personal account to pay for such Services, the Administrator may withhold the cost of the Services received as a result of such circumstances from any subsequent credits from the User.
6.9. The User shall independently and at its own expense bear all costs related to transfer of funds to the Administrator, including fees and commissions. The User shall keep documents confirming his or her payment for the Services for the entire time of the User’s participation in the Game, and, if the Administrator requests such documents, provide them to the Administrator, as well as provide the Administrator with information about the circumstances of such payment by the User.
6.10. If the User failed to comply with the License Agreement, he or she may immediately, without any prior notification, be denied access to the Game, or it may be partially limited. The list of grounds for denial and/or restriction is also contained in Annex 1 hereto.
6.11. Acquisition of the Services shall not release the Users from compliance with this License Agreement and use of any measures specified in the License Agreement against them.
6.12. The Administrator shall not be responsible for possible illegal actions of the User when he or she pays for the Services within the Game.
6.13. The Administrator shall reserve the right to unilaterally suspend or terminate the provision of Services or services to the User, if there is a suspicion that the User is committing illegal actions, until the circumstances have been clarified.
6.14. The Administrator may transfer data about the User who violates the License Agreement or current legislation to law enforcement agencies.
6.15. If the User has any claims to the content of the actually provided Services, he or she must immediately notify the Administrator accordingly by e-mail through the form at: http://www.gamification-soft.com, indicating your identification data, the essence of the claim and its justification.
6.16. The Administration shall respond to the User’s messages no later than 30 days from the day following the day the message was sent by the User.
6.17. If the Service was not provided or was provided incorrectly, the User may apply to the Administrator with a claim. No compensations hereunder may exceed the amount in in-game currency corresponding to the cost of an in-game function (benefit, item) that was not provided or was provided in an inappropriate manner.
6.18. The User recognizes and agrees that the Administrator may amend the License Agreement unilaterally by publishing the updated version on the Site at the following permanent address: http://gamification-soft.com/eula.html. The continued participation of the User in the gaming process shall mean acceptance of the amended terms.
6.19. The User agrees that any elements (objects) of the Game may be added, amended or removed from the Game at any time at the discretion of the Administrator without the consent of the User, including in the event of termination of the corresponding licenses to usage of these elements (objects). Besides, the Administrator may at any time at its discretion amend the terms of the Services, the procedure for converting the funds contributed by the Users into the In-Game currency by posting the amended information within the Game.
6.20. The User agrees that the Game shall be subject to periodical update that happens in automatic mode without consent of the User, and also that the Administrator may close and/or restrict the functionality of the Game at any time convenient for the Administrator without any prior notification to the Users.
6.21. The User agrees, understands and accepts that the Game is not a gamble, betting, competition, bargain, and that the purchase of the Services is his or her own will and desire and is not a necessary or mandatory condition for participating in the Game and the game process.
6.22. The Administrator shall control the Game and game processes solely at his or her own discretion. To collect statistic data and to identify the visitors of the Game, the Administrator may track and save information about IP-addresses of Users’ accessing the Game, use technical information files (cookies) placed at the local terminal of the User.
6.25. The Administrator may involve third parties (agents, intermediaries, etc.) in the provision of Services or settlements with the User hereunder without obtaining the prior consent of the User. When making payment for the Services within the Game, the User shall first read and accept the terms of the respective payment systems and agents.
6.26. The User agrees that the Administrator shall be entitled at its own discretion to change game balance on the Game server to provide for the Users more favorable terms of the game and to improve the gaming process.
6.27. The User agrees that he or she will exercise caution and discretion when storing and transferring information about his or her Account to any other person. The Administrator will consider any actions performed in the Game using the Account as actions of the User himself or herself, performed by him or her of his or her own free will. Any responsibility for the consequences of such actions shall be borne by the User. The User is aware of and agrees that by purchasing the Services, he or she shall immediately and finally acquire the right to use additional gaming options that he or she may use at any time at his or her own discretion to impact the gaming process, and which necessarily create the benefits for him or her compared to the regular conditions of the game. The User agrees that he or she will thoughtfully and prudently make any purchases of the Services and bear full responsibility for this, therefore, the Administrator will consider any purchases of the Services, including those made using the User’s Account, as a volitional action of the User that meets his or her desires. The User understands and agrees that due to the extremely positive effect for him or her from the Services acquired by him or her for in-game currency or real money, and the ability to use them at any time at his or her own discretion, such acquisition shall be irreversible, that is, the Administrator shall not return the spent in-game currency or real money to the User under no circumstances.
6.28. Inactive Accounts of the users may be deleted upon expiration of 180 days of inaction; for Accounts with in-game purchases such period shall be extended up to 365 days. The period of inaction shall be deemed both from the date of the last entry into the Game or the Account, and from the date of the last activity on the Service.
7. User’s Obligations
For the purposes of proper compliance with the terms hereof, the User shall:
7.1. Report valid data (including actual email address) when registered, making payments in the Game, and also when giving a claim to the Administrator.
7.2. Strictly comply with the provisions hereof and Annexes hereto.
7.3. Not disclose and not transfer to third parties his or her identification data that may be used by the User to enter the Game.
7.4. Not use access provided by the Administrator to the Game and the Services for commercial purposes.
7.5. Not use any game values, objects and other benefits beyond the Game (both for commercial and non-commercial purposes).
7.6. Comply with the procedure established by the corresponding payment system for transfer of the funds to pay for the Services and bear all risks related to procedure for transfer of funds to the Administrator by means of payment systems.
7.7. Not violate exclusive rights of the Administrator, rightholders, and other persons in respect to the Service and/or any of its components (including the Site and Game Client). The User, in particular, may not copy, make public or otherwise disseminate and reproduce the Site, the Game (fully or partially), any materials (text, graphic, audio, video) available on the Site or in the Game, and also the Game Client without the written consent of the Administrator.
7.8. Independently review this License Agreement, amendments and additions hereto, which are posted by the Administrator on the Site.
7.9. Follow the instructions of the Administrator related to the Game notified to the User by any possible method.
7.10. Independently provide for the technical capability of using the provided rights and Services on their part, including to provide for the following: availability of equipment that provides the possibility to Access the Game; availability of access to the Internet; availability of software compatible with the transfer of information via the http protocol.
7.11. Independently track availability of the sufficient quantity of In-Game Currency in the personal in-game account of the User in the Game and keep the documents confirming payment made within the entire period of Game usage.
7.12. The User guarantees that the funds (in the form of any payment instrument) transferred by the User to the Administrator belong to the User on a legal basis at the time of transfer, and the User may dispose of these funds by paying for the Administrator’s Services.
8. Administrator’s Obligations
For the purposes of proper compliance with the terms hereof, the Administrator shall (with the reservations provided for herein):
8.1. Provide the User with Access to the Game and provide the Services, on the terms and with the restrictions provided for by this License Agreement and Annexes thereto. The User acknowledges and agrees that the Administrator’s obligations listed herein depend on the User’s proper fulfillment of the terms hereof and Annexes hereto, and the Administrator may refuse to provide the User with Access to the Game or Services in the cases provided for by the License Agreement and Annexes thereto.
9. Duration and Termination of this License Agreement
9.1. The License Agreement shall be in effect until termination of the Administrator’s rights to the Game, or until the Administrator refuses from the License Agreement with the User under the grounds provided for by the License Agreement or the law, or until the User refuses from the License Agreement. The Administrator may terminate or suspend (at the discretion of the Administrator) this License Agreement with immediate termination of User’s Access to the Service or to individual components of the Service, without any compensations and recovery of losses to the User and without explanation of reasons described in Annex 1 as well.
9.2. The Administrator may also suspend User’s Access to the Service or to any components of the Service, in case of the following: scheduled or unscheduled technical works (installing updates, eliminating errors, etc.); unforeseen technical failures, accidents, other force majeure circumstances that prevent access to the Service; force majeure circumstances; threats of damage to the Administrator, third parties or Users of the Service;
9.3. The User may terminate further participation in the game process at any time without notifying the Administrator.
9.4. If this is provided for by the functionality of the Game, the User may terminate this License Agreement by deleting the Account in the Game.
9.5. The Administrator may at any time unilaterally amend the procedure of access to and provision of the Services within the Game or stop further service of the Game fully or in part, which may cause amendment or termination of this License Agreement and Annexes thereto without prior consent of the User.
10. Liability of the Parties
10.1. The Service and all materials thereon shall be provided “as is”, the Administration provides no guarantees, including in respect to quality and fitness for using the Service and its content specifically for the purposes and as per expectations of the User. The Administration provides no guarantees of accuracy, completeness and reliability of the content available through the Service. The User shall be responsible for verifying any information before relying thereon. When using the Service, the User must independently assess its content for compliance with his or her moral and other norms of perception, and, if necessary, due in connection with non-compliance with these standards, immediately stop using (including viewing) the Service, both in part and in full. The User shall use the Service and its content at its own risk.
10.2. The Administration provides no guarantees for uninterrupted and error-free operation of the Service. The User shall be liable for acceptance of all the necessary precautions to protect against viruses, malicious code, attacks and other impact, including unfavorable one, from third parties by certain tools.
10.3. The User shall undertake full responsibility for integrity of personal and identification data providing access to the Game Server Component, and for the losses that may be caused as a result of unauthorized use of access to such data. If the User loses control over his or her Account, he or she shall contact the support service of the Administrator to restore access (lost game values shall not be recovered though). The User shall use the Service at its own risk.
10.4. Software and hardware errors (technical faults, violation in software operation etc. regardless of the causes for their occurrence), both on the side of the Service and on the side of the User, which have caused inability to access the Service, shall be force majeure circumstances and serve as grounds to be released from liability for the failure to comply with the Administration’s obligations. The specified facts may be confirmed by records in logs and other similar tools.
10.5. Under no circumstances the Administration or its representatives, partners, affiliates shall be liable to the User or to any third parties for any indirect, accidental, non-deliberate damage, including lost profit, or lost data, damage to honor, dignity or goodwill, caused in connection with the use of the Service, content of the Service or other materials, which the User or other persons gained access to using the Service, even if the Administration warned or indicated the possibility of such damage.
10.6. The Administration shall not be liable for potential damage that occurred in connection with Users’ making payments on the Service, including to purchase the Services. Payments shall be processed by third parties (providers of the Administrator, for example, Social Media, Mobile Platforms App Store and Google Play), which are beyond control of the Administrator. Payments shall be accepted in accordance with the rules of such third parties, which the User shall review independently. By making the payment, the User shall grant his or her consent to the rules of the specified third parties who accept the payments.
10.7. The Administrator shall not be liable for any actions of the User that caused damage to third parties, including placement of any information on the Service by the User (including on the Forum, Chat etc.). The User shall be fully responsible for any data, information and materials posted by him or her on the Service.
10.8. Except for the cases, when it is not possible to deny liability for deliberate actions as provided for by the laws, the Administration does not bear any liability arising in connection with access to the Service or its content or use of the Service or its content, including but not limited to the liability established by an agreement, an offense (including negligence), direct or indirect liability, and shall not recognize any losses, including, but not limited to indirect, random, subsequent or other losses. The Administrator’s liability shall be limited to the amount of money paid by the User for the Administrator’s Services. In any case, the liability of the Administration shall be limited to the amount of real damage (lost profit excluded), and in accordance with part 1 of Article 15 of the Civil Code of the Russian Federation shall not exceed RUB 15,000.
10.9. The User shall release, protect and defend the Administration, its representatives, partners and affiliates against any liability, losses, claims or expenses, including reasonable fees of lawyers and attorneys that have arisen in connection with the use of the Service or violation of the License Agreement.
11.1. The License Agreement and the relations between the Parties arising therefrom shall be governed by the laws of the Russian Federation.
11.2. If any provision hereof is recognized as invalid, it shall not entail the invalidity of other provisions hereof and Annexes thereto.
11.3. Headings of clauses (for example, clause 11. Miscellaneous) have no legal meaning and are specified for convenience only.
11.4. The License Agreement shall specify the exhaustive arrangements between the Administration and the User in respect to its provisions and shall be valid for an unlimited period of time. All prior arrangements shall no longer be effective.
11.5. The Parties find it permissible to use analogs of their handwritten signature, including, but not limited to, a simple digital signature (putting marks, using codes and passwords, which the Parties shall keep secret and shall not provide to third parties, and other variations of a simple digital signature). The identification of the User using the Service shall be carried out also through authorization thereon (in the Account).
11.6. Any messages sent by the Parties to each other through the Service or e-mail are considered received by the relevant Party on the next business day after the day when the message was actually sent.
11.7. The Administration may assign rights and transfer debts for all obligations arising from the License Agreement to any third parties, and the User shall agree.
11.8. The User may not transfer its rights and (or) obligations (assign rights, transfer debt) under the License Agreement without a prior written consent of the Administration. Any arrangements and (or) transfer of rights and (or) obligations in violation hereof shall be considered null and void.
11.9. Considering also paragraph 6.15 of the License Agreement, the Parties shall attempt to resolve any disputes in a complaint procedure within 30 days from the date of receipt of the corresponding claim. If it is impossible to resolve the dispute, it shall be considered in court at the location of the Administration.
Annex 1 to the License Agreement
This Application contains an open list of the User’s actions, for which the Administrator, at its own discretion, may deny, suspend or restrict the provision of access to the Game and any Services to the User.
CAUTION! If the User commits actions that are not provided for by these rules, but create obstacles for the comfortable game of other Users or the work of the Administrator, or are a violation of the rules from the point of view of the Administrator, the Administrator may apply liability measures to this User at its own discretion, depending on the severity of the violation. If the User admits his or her guilt and consents to further strict compliance with the terms hereof, the Administrator may impose a Penalty for early unlocking of the Account, and the Administrator may deny early unlocking without explaining the reasons.
1. General Rules:
1.1. Disrespectful attitude towards other Users, including, but not limited to: use of profanity and/or insults in relation to other Users, use of obscene, offensive, provocative words, symbols and phrases when naming a character, use of profanity in the names and descriptions of in-game user associations (team, etc.), spam (newsletters and announcements not related to the game process), flooding (multiple repetition, reproduction, copying, etc. of information) in any type of Game chats.
1.2. Disrespectful attitude towards the Administrator, including, but not limited to: use of profanity and insult towards the developers and the Administrator, as well as rude and/or obscene statements about the Game, use of profanity and insult to game project helpers, threats of violence and physical harm, blackmailing other Users or the project administrator, extortion of game and non-game values.
1.3. Propaganda of hatred and/or discrimination of people based on race, ethnicity, gender, religion, social criteria, disrespectful attitude to culture, race, people, language, politics and political system, ideology, social movement.
1.4. Advertising, i.e. distribution of advertising information not related to the Game, advertising of goods, circulation of which is prohibited and/or limited by the current legislation of the Russian Federation, as well as distribution of information about third-party software not approved by the Administrator.
1.5. Pretending to be a representative of the Administrator, including, but not limited to: creating a character name, names of in-game user associations (team, etc.) and other insignia indicating association to the Administrator or its partners, presenting himself or herself to other users as an employee of the Administrator or its partner.
1.6. Using the errors of the Game, i.e. use of in-game errors and errors of any support software in the Game.
1.7. Use of prohibited software and “cheating”, including, but not limited to:
1.7.1. using software and devices that emulate the User’s presence in the game, modifying the Game Client, unauthorized access to the server, gaining access to the Game code;
1.7.2. using third-party software that applies the substitution of server packages, which gives a gaming benefit to the user, not provided for by the game process; committing deliberate actions that led to a failure in the service;
1.7.3. interception of data received from the game server, decompilation or reengineering of the Game files;
1.7.4. using unauthorized modifications of the client (patches that change the color or font of the text, appearance of the character, etc.).
1.8. Account hacking, multi-accounting, including but not limited to:
1.8.1. distribution or intentional receipt of information that grants access to user accounts in the Game or on the website of the Game, distribution of links to third-party resources containing such information, as well as the use of information enabling access to the accounts of other users in the Game or on the website of the Game;
1.8.2. transfer of registration information to another user;
1.8.3. creating additional accounts in the Game (except for cases related to hacking the original account) in order to gain advantages over other users.
1.9. Selling or buying game values, including but not limited to:
1.9.1. distribution of information about sale/purchase of game values, development of characters for money not provided for in the project, and also on the intention to commit the specified actions;
1.9.2. distribution of information about sale/purchase of game values for off-game values, including cash;
1.9.3. actual sale/purchase of game values for funds not provided for in the Game; actual sale and purchase of accounts. Any attempt to commit such actions or use of items and game values obtained by other Users as a result of violation hereof shall be prohibited.
1.10. Fraud, including but not limited to: use of credit forms of payment without timely compensation/repayment of the credit part, and/or any other activity (including an attempt to perform these actions), the purpose of which is to conceal the fact of using or obtaining benefits without timely compensation/repayment of payments made.
1.11. Spreading rumors, slander, discrediting information about the Administrator, other Users, the Game in general, as well as providing the Administrator’s employees with knowingly false information.
2. Rules “Joker - Card Game” and “Fool - Card Game” (in addition to the General Rules):
2.1. The Administrator reserves the right to deny access to any account to the Joker and/or Fool application or to apply other measures of influence at any time and for reasons that include, but are not limited to violations provided for herein. The main criteria for making such a decision is the User who commits actions preventing normal course of the game process, contradicting the spirit and basic principles of fair play - “fairness” and “competition among players”.
2.2. Violations that entail application of a Penalty and/or blocking of entry into the game, unfair play, including, but not limited to, the following:
2.2.1. collusion in the game between users in order to exchange information for gaining a benefit over other players, using prohibited software and services for this purpose; deliberate transfer of in-game currency guised as loss (“chip dumping”) This clause also includes the use of multiple accounts by a single user;
2.2.2. transfer of in-game currency and other game values between accounts of a single user;
2.2.3. cheating game values by inviting accounts to the game that were specially created for this purpose, as well as their other accounts, and in other ways not provided for by the application rules;
2.2.4. use of another person’s game account, as well as alienation or otherwise transferring his or her account or acquiring, including, by exchanging or receiving as a gift, another person’s game account;
2.2.5. sale or purchase of game values in the application from other users in any way not provided for by the application rules.
2.3. Actions provided for in clauses 2.2.1 - 2.2.4 unequivocally entail blocking the entry into the application.
2.4. Actions provided for in clause 2.2.5 entail blocking the entry into the application and indefinitely deprive the user of the right to re-register and use the application in the future.
2.5. A player who has 5 Penalties is permanently blocked in the application without prior notice.
2.6. The administration of the application may apply a Penalty or block the entry to the application at its own discretion for other violations.
2.7. The Administrator shall take measures to identify and prevent cheating and unfair play.
2.8. If the Administrator’s employees have reason to believe that the user has played dishonestly, violating the rules, the Administrator may take appropriate measures. Unfair play shall be punished in accordance with the decision of the Administrator’s employees without prior notice.