The terms of this agreement govern the relationship between You (hereinafter “You”) and OOO “IT-Project”. (hereinafter "IT-Project" or "We") regarding Your use of our game and related services, which include applications for mobile devices and branded website.
1. GENERAL PROVISIONS
2. REGISTRATION OF AN ACCOUNT
2.1. Participating in the Game Services, in some cases, requires Your prior registration.
2.2. To sign in, in some cases, You need to apply to open an account (hereinafter – “Account”). To this end You need to complete a form, which requires entering a variety of information. In order to be able to sign in correctly, You need to fill in all data fields flagged as "required" on the form. All information, irrespective of whether it is required or voluntary, should be correct.
2.3. We will confirm receipt of the application to open an Account over an electronic channel to the email address You provide.
2.4. In the game rules We reserve the right to prescribe that You are only permitted to participate in the respective Game Services with one Account ("prohibiting multi-accounts"). Even in those Game Services where You are allowed to create more than one Account, it is prohibited that several Accounts communicate together or interact in any other manner ("prohibiting pushing"). In particular You are not allowed to use these Accounts to create an advantage for one of Your other Accounts. We would like to clearly point out that breaching the prohibition on multi-accounts and/or the prohibition on pushing may lead to You being blocked immediately.
2.5. You are not permitted to transfer Your Account to third-parties.
3. LIMITED LICENSE
3.2 From the moment of registration of an Account and/or downloading the certain part of the Game Services, depending on what happened earlier, IT- Project grants You a non-exclusive, non-transferable to third parties, limited license to use the Game Services, including all subsequent amendments and improvements (if any) for personal non-commercial purposes by obtaining access to the published by –IT-Project, as well as downloading and installing the client portion of the Game Services (if any).
3.3 Subject to compliance with the terms and conditions of these Terms, You are entitled to:
participate in the gameplay, create a game character (depending on the Game Services) purchase in-game currency, exchange in-game currency for in-game valuables, and subscribe to the Game Services;
reproduce the client portion of the Game Services in the memory of Your device by downloading and installing it on Your device in order to participate in the Game Services.
3.4 You are not permitted to:
modify, adapt, decompile, disassemble, change the Game Services or any of its components;
distribute for commercial or non-commercial purposes the client portion of the Game Services or its copies, either through the distribution of physical media with it, or through its posting on the Internet for downloading by certain persons or the general public;
translate the Game Services into other languages, or create other derivative works from the Game Services;
distribute for commercial purposes any element of the Game Services, its copies or screenshots;
attempt to circumvent any security measures adopted in the Game Services, including blocking access by IP-address;
try to obtain the in-game currency, and/or in-game valuables fraudulently or in other ways not provided for by the usual gameplay process and conditions of purchasing the in-game currency and exchanging in-game currency for in-game valuables;
distribute for commercial or non-commercial purposes the in-game currency and/or in-game valuables outside the framework of the gameplay process, transfer the right to use the Game Services for commercial or non-commercial purposes to third parties, including through the transfer of a game character or a login and password required to access the Account;
use the Game Services in other ways, not provided for by these Terms and beyond the usual gameplay process.
3.5 All rights not expressly granted to You under these Terms shall be reserved by IT-Project.
4. CODE OF CONDUCT
4.1 Using the Game Services, You agree to observe this Code of conduct.
General Terms of virtual communication with other users in the game forums, in game chats
When placing any materials, data, comments, messages, information, as well as links to them (hereinafter in this section the "Content") in forums, chats, other virtual spaces designed for communication, You agree not to:
transfer or publish erotic or pornographic Content,
transfer or publish any Content that, in the opinion of IT-Project, is offensive to other users and can equally do harm to business reputation or moral harm to third parties,
transfer or publish illegal, harmful, dangerous, or obscene Content, as well as Content that contains information discriminating against other persons on the basis of gender, race, nationality, religious ideologies, sexual orientation and other grounds,
transfer or publish the Content directed on advertising or attracting attention to any goods and services,
transfer or publish the Content that contains personal information or confidential data of any person,
use "bots" or other automated techniques for collection of information about users,
disturb, threaten, pursue, confuse or cause stress, impose communication, attention or otherwise cause discomfort to other users.
(B) Terms of choosing the name of the game character, the name of the clan, group, user name at the game forum
The Users are prohibited from using as the name of the game character, name of the game clan or other group, as well as the name of the User at the forum the following designations:
offensive or coarse terms, inciting ethnic discord and discrimination, words and phrases which include curses and expletives in any language, executed with letters of any alphabet;
proper names and other words and phrases used in religions or cults, which may cause insult of the feelings of believers;
names of historical figures and politicians;
words and phrases that are directly or indirectly related to drugs, ways of their preparation, use and acquisition;
words and phrases which can mislead other users as to that the user, registered under such name, is a representative of IT-Project or otherwise has direct or indirect relation to it, or has any rights of administration of the Game Services;
unpronounceable letter combinations;
words and phrases that contain advertisement of goods and services, including any domain names and trademarks;
words and phrases that violate the rights of third parties (including but not limited to intellectual property rights) or the requirements of applicable law.
(C) Terms of the Game Services
Terms of the Game Services that determine an order of participation in the game process, interaction with the computer (PvE) or real players (PvP), may be set for each concrete Game Services on the page, devoted to the corresponding Game Services.
Unless other is established by the Terms of the Game Services, IT-Project shall have the right to apply to You, in case of violation of these Terms and/or Terms of the Game Services, the following types of sanction depending on the extent of the violation committed by You on the game process and other users:
issuance of a warning in any form, including via e-mail;
suspension of access to the Game Services for a definite or indefinite term;
restriction of use of the game chats and forums for a definite or indefinite term;
restriction of a part of the game functionality or possibilities of the game character for a definite or indefinite term;
forced renaming of the game character, community of users or the game object;
withdrawal of the in-game currency and/or the in-game valuables;
restriction, suspension or termination of access to Your game character or to the Account;
a change in the values of achievements and parameters of development of Your game character;
removal of the Game character or of the Account without possibility of restoration.
6. WARRANTY DISCLAIMER
UNLESS OTHERWISE EXPRESSLY PROVIDED BY THE SPECIAL AGREEMENT, REGULATING USE OF A PARTICULAR GAME SERVICE, THE GAME SERVICES WILL FUNCTION BY THE PRINCIPLE "AS IS", WHICH MEANS WITHOUT QUALITY WARRANTIES AND SUITABILITY FOR ANY OBVIOUS OR IMPLIED PURPOSES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IT-PROJECTHEREBY WAIVES ANY EXPRESSED OR IMPLIED WARRANTIES THAT THE GAME SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WILL CORRESPOND TO INDIVIDUAL REPRESENTATIONS AND EXPECTATIONS OF USERS. THUS, IT-Project WILL TAKE ALL WELL GROUNDED COMMERCIALLY REASONABLE MEASURES FOR ENSURING OPERABILITY OF THE IT-Project GAME SERVICES. IT-PROJECTSHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF YOUR USE OF THE IT-Project GAME SERVICES) AT ANY TIME TO SUSPEND OR STOP FUNCTIONING AND/OR ACCESS TO THE IT-Project GAME SERVICES, FOR ALL OR SOME USERS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IT-PROJECTDISCLAIMS ANY OBVIOUS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, HARMLESSNESS, ABSENCE OF VIRUSES, FAULTLESSNESS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AS WELL AS GAMES PROVIDED BY IT-Project, OTHER USERS OF IT-Project. IT-Project DOES NOT WARRANT THAT CHARACTERISTICS OF YOUR PERSONAL COMPUTER OR OTHER DEVICE ARE SUFFICIENT TO USE IT-Project GAME SERVICES. PLEASE LEARN IN ADVANCE THE SYSTEM REQUIREMENTS SHOWN IN PARTICULAR GAME SERVICES TO YOUR COMPUTER DEVICE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IT-PROJECT SHALL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, LOST PROFIT, LOSS AND/OR DESTRUCTION OF DATA, LOSS/TERMINATION/SUSPENSION OF ACCESS TO YOUR ACCOUNT IN THE GAME, LOSS BY THE USER OF ACHIEVEMENTS OR PROGRESS IN THE GAME, LOSS/DESTRUCTION/CHANGE OF THE INFORMATION, PLACED BY THE USER AT FORUMS OR CHATS OF THE GAME.
IN ANY CASE THE LIABILITY OF IT-PROJECT TO YOU IS LIMITED TO COMPENSATION OF REAL DAMAGE, WHICH WILL NOT EXCEED 100 EUROS. LOST PROFIT SHALL NOT BE COMPENSATED TO YOU UNDER ANY CIRCUMSTANCES. IT-PROJECT SHALL NOT BE RESPONSIBLE FOR DIRECT OR INDIRECT LOSS TO YOU OR OTHER THIRD PARTIES CAUSED AS A RESULT OF (A) USE OR IMPOSSIBILITY OF USE OF ANY SERVICES AND/OR GAMES OF IT-PROJECT, (B) UNAUTHORIZED ACCESS OF ANY THIRD PARTIES TO PERSONAL INFORMATION OF THE USER, INCLUDING THE ACCOUNT OF THE USER, YOUR INTRA GAME ACCOUNT IN THE GAME, AND (C) STATEMENTS OR BEHAVIOR OF ANY THIRD PARTY IN THE GAME, AT FORUMS, IN GAME CHATS, IN COMMENTS ON THE GAMES.
IT-PROJECT SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF IT-PROJECT, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND IT-PROJECT’S CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
8. DATA AND INFORMATION SECURITY
8.1 You provide IT-PROJECT data at the creation of the Account as well as any other information placed on the IT-PROJECTGames websites at Your own risk. Though IT-PROJECT undertakes all efforts for ensuring confidentiality of those data which are not intended for public viewing, it is necessary to consider that no security measures are perfect and they can be bypassed.
8.2 You are fully responsible for the safety of Your login and password that are necessary for access to the Account. All actions made by You in Your Account, are considered to be made by You, if You do not notify IT-PROJECTabout loss of Your login and password for the Account or other cases of loss of control over the Account and Your Account will not be blocked beforehand.
8.3 IT-PROJECT cannot control the actions of other users with whom You want to share Your profile and information. Therefore IT-PROJECT cannot warrant that any content that You post on the Games Services will not be available for viewing by unauthorized persons.
8.4 IT-PROJECT shall not be responsible for any detours undertaken on the IT-PROJECTGames websites and in the Games of security measures.
8.5 You understand and acknowledge that, even after removal of data and content provided/arranged by You, these data or content may remain visible in the cache or web archives, as well as in the results of search engines, and may also be available to other persons, if other users have copied and stored Your data or content.
8.6 You hereby acknowledge that all comments, messages, information, data, content, placed by You in the Game Services are likely to be available for viewing, copying by third parties. You are responsible for the texts, files, images, photos, videos, sounds, works of music, copyrighted works and other material and information etc. placed and published by You on the net (hereinafter referred to as "published information"), that You make available in the Game Services or exchange with other users. We neither appropriate these contents nor do we agree to them. We have no control over the information placed in the Game Services by users. We do not check these contents before they are published. Insofar as we have knowledge of illegal contents, or receive such knowledge, we will delete it immediately. We do not accept any liability for these contents, nor, in particular, do we accept liability for correctness, completeness or integrity.
9.1 IT-PROJECT reserves the right to assign its rights and obligations arising out of these Terms to any third party at its discretion, by notifying You by posting the new edition of these Terms. Your rights and obligations arising out of these Terms shall be considered transferred to the assignee of IT-PROJECTat the moment of the respective notification.
9.2 Your rights and responsibilities are personal and non- transferable.
9.3 IT-PROJECT has the right at any time at its discretion without further notice to You to change the functionality and the content of the Game services.
9.4 Any claim You may have to IT-PROJECT in connection with the use of Game Services shall be made within one year from the moment You knew or should have known about the violation of Your rights; otherwise presenting a claim is prohibited.
9.5 In order to improve its services, IT-PROJECT reserves its right to make in the Games automatically (without an additional request for Your consent) updates and changes. In order to ensure the effectiveness of these updates and changes, and the possibility of extending the use of the Games, You hereby consent to the introduction of automatic updates and changes.
9.6 You hereby acknowledge that all rights to intellectual property to the Game Services belong to IT-PROJECTand its licensors.
9.7 IT-PROJECT reserves the right at any time, without notice to You and without stating any reasons, to suspend access to and the possibility to use the Game Services without compensation to You of any costs, losses or remuneration, including in the case of any, including single, violation of the terms of these Terms, the Terms of the Game Services or other applicable terms and agreements.
9.9 In the event that You, in accordance with the laws of Your state, are prohibited to use sections or services of the games. IT-PROJECT website, computer online games, or there are other legal restrictions, including restrictions on the age of admission to such software, You do not have the right to use the Game Services. In such a case, You will be solely responsible for the use of the Game Services or the relevant sections and services of the games. IT-PROJECT website on the territory of Your state in violation of the local legislation.
9.11 These Terms can be modified by IT-PROJECT without any prior notice. Any changes to these Terms, implemented by IT-PROJECT unilaterally, shall enter into force on the day following the date of publication of such changes on the website. You agree to independently verify these Terms for changes. Failure by You to familiarize yourself with these Terms and/or the modified version of the Terms is not a reason for non-performance by You of Your obligations and failure by You to comply with the restrictions imposed by these Terms.
10.12 You hereby understand, accept and agree that any Game may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and You hereby guarantee that You do not suffer such disorders, or You will not use a Game. You accept and agree that regular long-term (continuous) usage of the personal computer can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that You will use any Game only for a reasonable time, with breaks for rest and that You will take other measures prescribed by Your doctor.
10.13 The invalidity of one or more provisions of these Terms, recognized in the established order, which came into force by a court decision, does not entail for the parties the invalidity of the Terms as a whole. In the event that one or more provisions of the Terms in due course become invalid, the Parties agree to fulfill the obligations of these Terms as closely as possible to those implied by the parties at the conclusion and/or agreeing of changes in the Terms.