License agreement

Please read this license agreement carefully (hereinafter – Agreement) before downloading, installing and using game “SYstars” (hereinafter – Game).
By downloading, installing and/or using the Game, you unconditionally agree with the terms of the Agreement (accept an offer). You may not download, install and/or use the Game if you do not agree with all the terms of the Agreement.

LICENSE AGREEMENT

This license agreement (hereinafter “Agreement”) governs the relationship between the SYstars, hereinafter referred to as the “Licensor” and you, the Licensee – the end user of the Game (hereinafter “Licensee”), relating to the Game.

1. TERMS USED IN THIS AGREEMENT

• Game – interactive mobile online game “SYstars”, which is a set of data, commands and audiovisual images generated by it (hereinafter – the data and commands), activated sequentially to obtain a certain result provided by the Licensee of the game scenario, without payment (activated data and commands) or after payment (non-activated data and commands). The rights to use the data and commands (activated and non-activated) are transferred by the Licensor to the Licensee under the conditions specified in this Agreement.

For the purposes of using the Game within the limits established by this Agreement, the Licensee reproduces the Client part of the Game (as defined below), which is a set of data and commands, while the set of non-activated data and commands is placed by the Licensor on the servers used by the respective Game.

The game also includes (among other things):

• Gamechat;

• Servers;

• Server and other software;

• Applications;

• Website of Games, Forum of the Game, Premium store;

• Database;

• Other resources of the Licensor and/or third parties which are necessary for the use of the Game under this Agreement.

  • Website of the Game – is the website located in the world telecommunication network Internet at the following address https://m.facebook.com/SYstars-106940874262450/, providing the Licensee with access to the Licensor’s resources, including for the Licensee’s use of the Game. The Licensor places the mandatory information for the Licensees on the Website of the Game.

  • Game resources (Resources) — are all servers, any software and/or databases related to the Game, located, including in the domain com and its subdomains.

  • Licensor – legal owners of the game SYstars, which provide the right to use the game under a non-exclusive license.

  • Licensee — is an individual with the necessary legal capacity to enter into this Agreement, which in accordance with this Agreement is granted the right to use the Game within the limits provided for in this Agreement. Licenseeis a PartytothisAgreement.

  • Licensee account (account) — is an account of the Licensee created by the Licensee and owned by the Licensor, which is a set of data about the Licensee necessary for the Licensee’s use of the Game in accordance with this Agreement, namely: authorization (authentication) of the Licensee in the Game, access to information about the Licensee, settings, game values (activated and non-activated data), statistical indicators and other similar information.

  • Transfer of rights to use the Game – is the granting by the Licensor to the Licensee the rights to use the Game on the terms of a simple non-exclusive license, in the manner specified in this Agreement.

  • Rights to non-activated data and commands – are the rights provided for in this Agreement to use data, commands (in particular, in-game virtual currency that has no cash value, premium equipment, premium account, other data, commands) and the audiovisual images of the Game generated by them, activated sequentially to obtain by the Licensee a certain result provided for by the scenario of the Game purchased by the Licensee after making the license payment set by the Licensor.

  • Remuneration — is a payment to the Licensor for granting the Licensee the right to use non-activated data and commands within the limits set by this Agreement. The amount of remuneration is determined by the Licensor.

  • The Client’s part of the Game – is the software necessary for the Licensee to participate in the Game, to be downloaded and installed on the licensee’s mobile device or other technical device necessary for the use of the Game, including obtaining the rights to use data and commands placed on the Game servers, including Rights to non-activated data and commands. The Client’s part of the Game is installed by the Licensee independently. The Client’s part of the Game may be distributed by the Licensor and/or its authorized persons, both via the Internet and on tangible media. The Client’s part of the Game distributed on the Internet is provided to the Licensee free of charge, with the right to reproduce, unless otherwise provided in this Agreement. Copies of the Client’s part of the Game distributed on tangible media may be provided to the Licensee for a fee.

  • License agreement — is the text of this Agreement concluded between the Licensor and the Licensee, containing all the necessary and essential terms of the license agreement on granting the rights to use the Game. The Rules of the Game, the Rules of the Forum, as well as other documents referred to in this Agreement are Annexes to this Agreement and its integral part.

  • Rules of the Game (Rules) — are an Annex to the License Agreement that sets the rules of participation and behavior of the Licensee in the Game, restrictions on the actions of the Licensee in relation to the Game, as well as the Licensee’s responsibility for violations. The Rules of the Game may be changed by the Licensor at any time without prior notice to the Licensee. The Licensor shall notify the Licensee about such changes by posting information on the Website of the Game at least 1 (one) day before the changes take effect. The continuation by the Licensee of the use of the Game after the change of the Rules of the Game is considered as its acceptance of such changes. The Licensee undertakes to independently monitor changes on the Website of the Game.

  • Rules of the Forum – are an Annex to the License Agreement that sets the rules of conduct of the Licensee on the official forum of the Game.

  • Premium store 

 

 

1. CONDITIONS OF ACCESSION TO THIS AGREEMENT

• The Licensee is obliged to read this Agreement, as well as all the Rules and other documents applicable to the Game (hereinafter together with this Agreement referred to as” Key documents”).

• The Licensee joins (accepts) this Agreement after filling in the required fields and familiarization with the Agreement by pressing the “Register” button or similar, which within the meaning of articles 435 and 438 of the Civil code of the EU is the acceptance (acceptance) of the Licensor’s offer, as well as the conclusion of the agreement, which creates obligations for the Licensee to comply with the terms of the Agreement, including the Rules applicable to the Game. Actual use of the Game is also an acceptance of this Agreement.

• The person authorized in the Game is considered to be a proper user of the account, access to the use and management of which were obtained as a result of account registration, if there is no information confirming otherwise.

 

1. SUBJECT OF AN AGREEMENT

• The Licensor grants the Licensee under this Agreement and subject to the Licensee’s compliance with its respective terms and conditions the right to use the Game to the extent, in ways, for a period of time and within the territory specified in this Agreement under the terms of a simple non-exclusive license.

• The Licensee has the right to use the rights to the Game free of charge, if initially there is no payment for obtaining the rights to use. The Licensee also has the right to obtain Rights to non-activated data and commands on a paid basis. The scope of the rights granted to the Licensee is defined in section 4 of this Agreement. Unless otherwise initially established by the Licensor, the payment of a license fee is not a prerequisite for the Licensee’s use of the Game and is carried out by the Licensee for the purposes of obtaining Rights to non-activated data and commands.

• Licensee shall have the right to use activated and non-activated data and commands under the terms of this Agreement. Licensee receives Rights to non-activated data and commands at the time of displaying of the relevant non-activated data and commands in the Licensee’s Account. The Licensee receives the rights to use the amount of non-activated data and commands displayed on the Account from now on. The amount of the license fee for the Rights to non-activated commands and data is determined by the Licensor.

 

1. THE LIMITS OF USE OF THE GAME

• The Licensee has the right to use the Game in the following ways:

  • to reproduce the Client part of the Game by installing it on a mobile device that has the necessary technical characteristics, or in any other acceptable way in order to participate in the Game;

  • Use the Game for the purposes established by the Key Documents, in compliance with the terms of the Key documents, for which the Licensee has the right: (a) to create and delete an Account in accordance with the Agreement, as well as create a game character in compliance with the Rules of the Game; (b) to install and delete the Game; (c) to use the software features of the Game or activated data and commands to achieve a certain result of the Game scenario at no charge (if initially for obtaining rights and usage the Game the fee is not set); (d) to obtain Rights to non-activated data and commands after making a license payment established by the Licensor, and use them to obtain a result determined by the game scenario; (e) to make changes to Licensor’s personal settings for the Game and (e) to use the Game in any other ways permitted by Licensor in this Agreement.

• Licensee has no right:

  • To copy, broadcast, distribute, publish and otherwise distribute and reproduce, for commercial or non-commercial purposes, text, graphic, audio or video materials of the Game or its copy without the written consent of the Licensor;

  • To explore the software code, decompile, disassemble, modify the Game, its parts and elements, as well as create derivative products based on the Game, its parts and elements without the written consent of the Licensor;

  • To interfere the communication protocol between the Game client and the Game servers, including methods not related to interference directly into the program code (for example, by installing special software on the user’s ECM, or network hubs/communicators transmitting Game data);

  • To explore the game server’s API, direct commands to the Game server without the participation of the Game software;

  • To translate the Game into other languages without the consent of the Licensor;

  • To distribute the Client part of the game or its copies for commercial or non-commercial purposes, both by distribution on tangible media and by posting on the Internet for access or download by certain persons or an unlimited number of persons;

  • To distribute activated and/or non-activated data and commands, audiovisual elements, images, game characters, game account and other intellectual property objects present in the Game (except as permitted by the Licensor) for commercial or non-commercial purposes, as well as distribute information about the intentions to perform such actions;

  • To transfer rights concerning the Game, including Rights to non-activated data and commands, for commercial or non-commercial purposes to third parties, including by transferring the Account (including by providing login and password), entering into any contract or otherwise;

  • To use another user’s Account;

  • To alienate or otherwise transfer its Account, acquire another user’s Account, including through exchange or donation;

  • To use the Game in other ways not provided for in this Agreement, the Rules of the Game and beyond the normal gameplay.

• Licensee’s violation of the exclusive rights of the Licensor shall constitute grounds for termination of the rights to use the Game, including non-activated data and commands, as well as for unilateral non-judicial refusal to perform this Agreement without prior notice to the Licensee. In this case, the Agreement will be considered terminated from the moment of unilateral refusal of the Licensor from its execution.

 

1. CONDITIONS AND REQUIREMENTS FOR THE USE OF THE GAME

• Licensee hereby confirms that it has sufficient legal capacity to enter into this Agreement. If the Licensee is not of legal age (18 years old for all citizens) or is fully or partially has no legal capacity, the Licensee confirms that he has received permission from parents or legal representatives (guardians) to enter into this Agreement in the form prescribed by law.

• Absence of medical contraindications. Licensee agrees that the Game may contain sound and video effects, which under certain circumstances may cause exacerbation of epileptic and other neurological disorders for persons prone to them, and confirms that he does not suffer from these disorders, and otherwise will not use the Game.

• Reasonableness of the use. Licensee understands and agrees that regular long-term usage of the mobile device  or other technical device can cause various health problems, including visual impairment, scoliosis, various forms of neuroses and the like. Licensee warrants that he will use the Game only for a reasonable period of time with breaks for rest and prevention of health problems.

• Usage of third party materials. The Game may contain links to websites, programs, photo, video, audio, graphics and text materials owned by third parties. Licensee understands and hereby agrees that the placement of links to third-party websites or materials in the Game and related resources does not mean that Licensor supports, approves or recommends these websites or materials. Licensee uses third party websites, software and materials at its sole risk, including during gameplay.

• Statutory restrictions. Licensee has no right to use the Game if the legislation of the territory of his location prohibits the use of the Game or establishes other, including age, restrictions on the use of the Game. The Licensee is responsible for the use of the Game in this case.

• Materials of the Licensee. Licensee understands and agrees that he is solely responsible for any materials or other information that he places in the Game, on the Website and Forum of the Game, in live chats or otherwise informs other users of the Game or brings to the public.

• Technical terms of use of the Game:

  • The Client part of the Game. To obtain the right to use the Game, the Licensee, depending on the technical characteristics of the Game, must independently install the Client part of the Game on mobile or other device that has the necessary technical characteristics, visit the Website of the Game or perform other necessary actions. The Client part of the Game may be distributed by the Licensor (directly or indirectly through its authorized persons) both via the world telecommunication network Internet and on tangible media. The Client part of the Game can be distributed via the Internet both free of charge and for a fee.

  • The requirement to the Internet connection. In accordance with the technical requirements, Licensee’s use of the Game is only possible in interactive (online) mode, in connection with which the Licensee is required to provide a stable (no packet loss) connection to a global telecommunications network, the Internet, to use the Game at a speed not less than 10 MBit/s.

 

1. RESPONSIBILITIES OF THE LICENSEE

• The Licensee is obliged:

  • To comply with the terms of Key documents. In case of noncompliance of the Licensee with the current Agreement, the Licensee is obliged to stop using the Game, including uninstalling (removing) its Client part.

  • To use the Game and non-activated data and commands only within the limits established by the Agreement.

  • To provide true-to-life information when creating an Account.

  • To independently take measures to ensure the security of the Account and prevent its unauthorized use by third parties. The Licensee undertakes not to disclose or transfer to third parties his/her data, with the help of which authorization (authentication) the Licensee in the Game is possible.

  • To follow the instructions of the Licensor, received personally or as a general procedure in the Game, including the user support center, Website of the Game, Forum of the Game and other means of communication. Licensor may suspend, restrict or terminate this Agreement, access to the Account in case of non-compliance with such instructions.

  • At the request of the Licensor, to provide or confirm the information necessary to comply with the terms of the Agreement and comply with legal requirements.

  • Indemnify the Licensor, other users and other third parties for any losses incurred by them in connection with the actions of the Licensee, including violations of this Agreement, intellectual property rights and other rights.

  • Immediately notify Licensor of any unauthorized use of the Account, hacking or other similar activities.

  • Comply with other requirements and obligations stipulated by the Key documents.

• Licensee has no right:

  • To use automated scripts to collect information or otherwise interact with the Game.

  • To use other users’ information to send unsolicited information (spam).

  • To place in the Game objects of intellectual property without the consent of their owners.

  • To post in the Game personal information of third parties without their consent, including home addresses, phone numbers and passport data.

  • To place in the Game advertisements, commercial offers, agitation and any other intrusive information, except as permitted by the Licensor.

  • To post in the Game materials that offend or humiliate the honor and dignity of other users or third parties, as well as links to such materials.

  • To post and otherwise use obscene, abusive and offensive words and phrases, including in the name of the Licensee (nickname) in the Game.

  • To post malicious programs or links to resources that contain or may contain such programs.

  • To post in the Game pornographic or erotic content, as well as links to it.

  • To place in the Game threats, as well as calls for violence and other illegal actions.

  • To post in the Game materials with elements of violence, cruelty, racial, ethnic or religious hatred, as well as links to such materials.

  • To promote and demonstrate in the Game Nazi, extremist or other equated attributes, symbols and other objects.

  • To promote in the Game criminal and other illegal activities, as well as to post guidelines for the commission of illegal actions.

  • To post in the Game any other information that, in the opinion of the Licensor, violates the law, morality and ethics or is undesirable.

  • To commit criminal and other illegal actions.

 

1. RIGHTS AND OBLIGATIONS OF THE LICENSOR

• The Licensor undertakes the following obligations:

  • Subject to the terms and conditions set forth in this Agreement, to provide Licensee with the ability to use the Game on the terms and conditions set forth in this Agreement, subject to Licensee’s compliance with the requirements of Key documents;

  • To notify the Licensee about changes in the terms of this Agreement by publishing information on the Website of the Game;

  • If payment of the fee is not a mandatory condition for the use of the Game, to grant the Licensee the right to use the activated data and commands free of charge, unless otherwise provided in this Agreement;

  • To provide the Licensee the Rights to non-activated data and commands, subject to the payment by Licensee the license fee established by the Licensor.

• The Licensor has the right:

  • At any time, unilaterally without prior notice to the Licensee, to restrict, expand, supplement, modify and otherwise change the Game, any of its elements and parts, as well as to change the Key documents;

Modification of the Game and its elements can be carried out by creating and installing new parts of the software. The goal may be, for example, improving or modifying gameplay or adding new data and commands to the Game, which may result in the termination or suspension of rights to use certain game elements and Rights to non-activated data and commands.

Licensee understands and hereby acknowledges that these actions are an integral part of the process of creation and operation of the Game, and agrees to their execution by the Licensor without prior notice to the Licensee;

• Without prior notice to Licensee, to change, at Its sole discretion, the technical and other characteristics of any part of the Game used by Licensee, including, but not limited to, activated and non-activated commands and data; to change the scenarios of the Game, including changes in the gameplay, etc.

• At any time, to modify or delete any information posted by the Licensee in the Game, including statements and announcements of the Licensee in the live chat or on the Forum of the Game.

• To restrict or terminate the Licensee’s rights to use the Game (including access to the Account), including Rights to non-activated data and commands, in accordance with this Agreement, in particular, in case of violation of the terms of Key documents by the Licensee. In exercising this right, the Licensor shall not be obliged to provide the Licensee with evidence that the Licensee has violated the terms of the Agreement, as a result of which the Licensee’s access was terminated or restricted.

• To make comments, warn, notify, inform Licensees about non-compliance with the terms of Key documents or other terms of this Agreement. The Licensee is obliged to immediately follow the instructions of the Licensor obtained during the use of the Game.

• At any time to suspend, limit and/or terminate this Agreement unilaterally with respect to the Game for the Licensee and/or all users, including in case of non-compliance with the terms of the Key documents by the Licensee.

• To take any measures not prohibited by law to protect its own intellectual property rights in relation to the Game, as well as the rights of third parties.

 

 

 

1. LIMITATION OF LICENSOR’S LIABILITY

• Absence of the responsibility for the actions of the Licensee or third parties. Licensor is not responsible for:

  • Illegal and other actions of the Licensee or third parties that prevent the use of the Game by other users.

  • Behavior and statements of the Licensee or third parties in the Game, including for disrespectful attitude to other users.

  • Loss by the Licensee of access to the created Account, including due to loss of login, password or other necessary information.

  • Incomplete, inaccurate or incorrect indication of data by the Licensee when creating an Account.

  • Licensee’s lack of access to the world telecommunication network Internet and the quality of Internet service providers.

  • Third-party materials posted in the Game or on third-party websites accessible via links from the Game.

• No warranties. Licensee understands and agrees that Licensor provides the Game “as is” and makes no warranties with respect to the Game except as expressly set forth in this Agreement or applicable law.

• Licensor does not warrant that:

  • The Game will meet the subjective requirements and expectations of the Licensee.

  • Processes in the Game will run continuously, quickly, reliably, without technical failures and errors.

  • The results that can be obtained by using the Game will be error-free and correct.

  • The quality of gameplay, aspects of the Game, non-activated data and commands, as well as information obtained during the use of the Game, will meet the expectations of the Licensee.

  • The Game will be available for use around the clock, at a certain time or for a certain period.

• Limitation of liability. The Licensor shall not be liable for any direct or indirect damage or loss of profits of the Licensee or third parties as a result of:

  • Use or inability to use the Game.

  • Statements or conduct of third parties in the Game.

• In any event, the Licensor’s liability to the Licensee is limited to the amount of license fees received by the Licensor from the Licensee prior to the occurrence of the circumstances that entailed the Licensor’s liability.

• Force majeure and actions of third parties. The parties are released from liability for full or partial failure to fulfill obligations under this Agreement, if such failure is a consequence of acts of God (force majeure), including riots, prohibitive actions of the authorities, natural disasters, fires, disasters, failures in telecommunications and electrical networks, actions of malware, as well as unfair actions of third parties aimed at obtaining unauthorized access or disabling of the software or hardware complex.

 

 

 

 

 

1. RIGHTS TO USE NON-ACTIVATED DATA AND COMMANDS

This section of the Agreement regulates the procedure and conditions for the Licensor to grant the Licensee the rights to use non-activated data and commands.

• At the request of the Licensee, the Licensor grants the Licensee the right to use non-activated data and commands under a simple non-exclusive license.

• Non-activated data and commands are part of the Game, Licensee receives the right to use them only in connection with the use of the Game and subject to the payment of the license fee established by the Licensor. The Licensee has the right to use non-activated data and commands within the limits established by the Licensor. By purchasing Rights to non-activated data and commands, the Licensee receives the rights to use the extended functionality of the Game. The Licensor unilaterally determines the types and content of non-activated data and commands.

• Licensee agrees that the Game is not a gambling, money game, contest or bet. The acquisition of Rights to non-activated data and commands is the realization of the Licensee’s own will and desire.

• The period of use of non-activated data and commands. The Rights to non-activated data and commands are considered to be granted to the Licensee from the moment it becomes possible for the Licensee to exercise these rights in the Account. Rights to non-activated data and commands are granted to the Licensee for the term of this Agreement, unless otherwise provided by the Agreement or other Key documents, is not provided by the Game scenario, or does not follow from the nature of the non-activated data and commands themselves.

• The term of use of the premium account, which is a part of the Game, is calculated from the moment of creating an entry about it in the Account and is valid until the expiration of the premium account established by the Licensor.

• The Remuneration of the Licensor. The amount of the fee (license fee for the Rights to non-activated data and commands) is determined by the Licensor unilaterally and is specified in the Premium store or in any other form, in particular on the Website of the Game, the Internet pages of payment method operators. In certain cases, the payment method operator may charge a fee in excess of the fee set by the Licensor. Licensee understands and hereby agrees that, when making a payment through certain payment methods, the total amount of the fee for the Rights to non-activated data and commands may differ from the amount of the Remuneration set by Licensor.

The amount of the fee specified by the Licensor in the Premium store or on other resources may be expressed in two or more currencies. The user understands and hereby agrees that when paying by separate payment methods, the operator of such methods, a currency exchange rate different from that used by the Licensor may apply. As a result, the amount charged to the Licensee may be different from the amount specified by the Licensor.

The Rights to non-activated data and commands are granted to the Licensee only if the Licensee makes the corresponding payment in full. At the same time, the Licensor has the right not to grant the Licensee the Rights to unactivated data and commands, or to provide them in a limited amount prior to receiving confirmation of payment in full.

The amount of the license fee may be changed by the Licensor unilaterally at any time without prior notice to the Licensee, by posting information at least 1 (one) day before the changes take effect in the Premium store or in any other form, in particular on the Website of the Game, the Internet pages of payment method operators.

• Payment order and payment methods. Payments are made by the Licensee by transferring funds to the Licensor through payment methods supported by the Licensor. The list of available payment methods is determined by the Licensor unilaterally and is specified in the Premium store, on the Website of the Game, or otherwise.

When making payments, the Licensee undertakes to follow the instructions of the relevant payment methods and the payment rules established by the Licensor. Rights to non-activated data and commands are granted to the Licensee only under condition of correct execution of payment instructions and compliance with payment rules. The Licensor shall not be liable for the refusal of payment for the Licensee by the decision of the payment method operator or as a result of the operator’s error.

The Licensee undertakes to provide reliable data when making payments. The Licensee shall bear all risks of negative consequences associated with the indication of incorrect data when making a payment.

If, due to a technical error, the Licensee is granted Rights to non-activated data and commands in the amount that does not correspond to the paid funds, the Licensee shall immediately notify the Licensor. In this case, the Licensor will make all necessary efforts to grant the Licensee the Rights to the non-activated data and commands in the amount paid by the Licensee.

• Payment methods. The Licensee should contact directly the operators of the payment methods chosen by him regarding the rules and procedure for the use of payment methods. The Licensor may, at its discretion and subject to availability, advise the Licensee on issues related to the use of certain payment methods. However, the Licensee hereby understands and agrees that in most cases the Licensor is not able to provide the Licensee with a comprehensive explanation regarding the use of payment methods. The Licensee should contact directly the operators of the relevant payment methods for refund of funds paid by the Licensee in error or in violation of the rules of payment methods or legislation.

• Consequences of illegal actions when making a payment. The Licensee hereby confirms that he/she has the right to use the payment methods chosen by him/her without violating the rights of third parties and the legislation of the country in which the Game is used or the payment is made.

The Licensee undertakes to compensate the Licensor, other users and other third parties for all losses incurred by them in connection with the unlawful behavior of the Licensee, including the use for payment of funds not belonging to him/her.

Licensor reserves the right to unilaterally suspend or terminate this Agreement for any reason, including if Licensor has reason to suspect Licensee of committing unlawful acts related to the payment of license fees, unless otherwise provided by this Agreement or applicable law. In this case, the Licensor shall not be obliged to pay such Licensee any compensation, including reimbursement of money spent, unless otherwise provided by this Agreement or applicable law.

If the Licensor has reason to believe that the Licensee is committing unlawful acts related to the payment of the license fee, the Licensor has the right to transfer the relevant information to law enforcement agencies for verification.

• Inadmissibility of acquisition of rights from third parties. Rights to use the Game and Rights to non-activated data and commands may be granted only by the Licensor, and therefore no third party offers (other than those authorized by the Licensor) to represent rights to use the Game or Rights to non-activated data and commands shall be considered by the Licensee as offers coming from the Licensor.

Licensee shall promptly notify Licensor of known cases of granting rights to use the Game or Rights to non-activated data and commands or receiving related offers from persons not authorized by Licensor.

If the Licensee has made payment to persons not authorized by the Licensor in violation of this Agreement, the Licensee’s claims will not be accepted. The Licensor does not compensate for the money spent by the Licensee in such circumstances, and does not grant Rights to non-activated data and commands.

If the Licensor determines that the Licensee receives Rights to non-activated data and commands from third parties not authorized by the Licensor, the Licensor may unilaterally, at its discretion, suspend, limit or terminate this Agreement.

Obtaining Rights to non-activated data and commands by Licensee from persons not authorized by Licensor shall not release Licensee from the obligation to comply with this Agreement and Key documents. Licensor also reserves the right to apply any measures specified in this Agreement and Key documents. In such cases, no refund will be made for the payment made by the Licensee.

• Tracking your Account status. The Licensee is obliged to independently monitor the status of the Account created by him, in particular with regard to the correct display of non-activated data and commands, the rights to which were acquired by the Licensee.

• Termination of the right to use. Licensee understands and hereby agrees that in the course of the game process the Rights to non-activated data and commands are granted until the moment of their intended use, including in connection with the implementation of the game scenario; expiration of the term of granting Rights to non-activated data and commands; suspension or termination of granting rights to use the Game in accordance with the Agreement or for other reasons. Termination of Rights to non-activated data and commands does not give the Licensee grounds to require the Licensor to refund the license fee for the Right to non-activated data and commands, with the exception of cases provided for in this Agreement and applicable law.

If, as a result of a technical error, failure or actions of the Licensee, he/she obtained Rights to non-activated data and commands without payment, the Licensee undertakes not to use the Rights to non-activated data and commands, and if the use has already begun, immediately terminate it and inform the Licensor thereof, paying the license fee due to the Licensor, if the Licensee has started using them. The Licensor may independently, without notice to the Licensee and without any compensation, eliminate the consequences of the above error, failure or actions of the Licensee, including termination of the Rights to non-activated data and commands by deleting the relevant non-activated data and commands from the Account.

• The Licensor shall not exchange Rights to non-activated data and commands and game elements for other Rights to non-activated data and commands, game elements, cash or non-cash money, unless otherwise expressly permitted by the Agreement.

• Reimbursement of expenses. The Licensor shall not reimburse the Licensee for the costs associated with making payments, except as expressly provided in this Agreement or applicable law.

 

1. INTELLECTUAL PROPERTY RIGHT

 

• Exclusive right in respect of the Game. Source and object code (including activated and non-activated data and commands), script, gameplay, user interface, graphics, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content and Game content, and any other elements of the Game are or contain intellectual property, the exclusive right to which belongs to their rightful owners.

Licensee agrees that any part and any element of the Game, its activated and non-activated data and commands, are an integral part of the Game and are protected by law. Despite the fact that the Licensee is granted the rights to use the Game, the use of the Game itself cannot be regarded as a transfer or assignment of the exclusive right in respect of the Game, its parts and elements, including non-activated data and commands, from the Licensor to the Licensee.

Licensee also understands and agrees that all exclusive rights to the localized (translated into the appropriate language) Game belong to the rightful owners.

• Exclusive right of the Licensee. The copyright for the materials placed by the Licensee in the Game belongs to the Licensee who created them or to other legal owners (hereinafter – “Materials”).

• The License for the Materials. Intellectual rights to free use of Materials that are objects of intellectual property shall be transferred to the Licensor in the form of a non-exclusive license on the territory of all countries of the world from the moment of placement (publication) by the Licensee of these Materials in the Game without a counter obligation to pay royalties or other remuneration and without limitation on the maximum permissible period and territory of use. Intellectual rights to use the Materials under this paragraph include the right to use them in any way and in any country of the world, including to publish, distribute, modify, adapt, otherwise process, publish, create derivative works without obligation to mention the name of the author or other counter-obligations. The Licensee also undertakes to provide legal grounds for granting the Licensor intellectual property rights to the Materials placed by the Licensee in the Game and owned by other rights holders.

 

1. THE TERRITORIAL LIMITS AND THE TERM OF THE AGREEMENT

 

• Licensee may use the Game in the ways described in this Agreement throughout the EU , as well as other territories in which it is available within the normal gameplay using standard computer tools and programs within the functional Resources of Licensor.

• Term of the Agreement. This Agreement is effective upon Licensee’s acceptance of Its terms and is effective for twelve (12) months. This Agreement shall be automatically renewed for the next six (6) months unless terminated by either Party by written notice to the other party at least thirty (30) calendar days prior to the expiration of the current term of the Agreement. In case of termination of the Agreement in the specified order, the Licensor shall not refund any money or make any other compensation, including damages of any kind.

• This Agreement may be amended by Licensor unilaterally. Amendments come into force from the moment of their publication on the Website of the Game or after 10 calendar days from the date of their publication, if it is expressly indicated by the Licensor.

Use of the Game or authorization in the Game after the amendments come into force means that the Licensee agrees with such amendments. The Licensee undertakes to independently monitor changes on the Website of the Game. The Licensee shall not be released from the obligations under this Agreement subject to the amendments made in it, if the Licensee has not read the amendments of the Agreement.

• Licensee’s disagreement with the amendments of the Agreement. The Licensee may not use the Game if he/she does not agree with the amendments made in the Agreement. In this case, the Licensee may terminate the Agreement unilaterally within ten (10) calendar days after the publication of the amendments of the Agreement on the Website of the Game and/or sending an e-mail notification. In the event of a decision to terminate the Agreement, the Licensee shall notify the Licensor about the termination of the Agreement by e-mail. If within the ten (10) calendar days specified above the Licensee has not expressed a desire to terminate this Agreement, the Licensee shall be deemed to have accepted the terms of this Agreement subject to the amendments made thereto.

Upon receipt of the notice of termination from the Licensee, the Licensor shall suspend the Licensee’s access to the Account. In this case, the Licensor shall not refund any money or make any other compensation, including losses, including lost profits.

• Termination of the Agreement by the Licensor. The Licensor has the right to terminate this Agreement unilaterally at any time out of court with the termination of the ability to use the Game, including activated and non-activated data and commands, as well as other components of the Game in the following cases:

  • In case of cessation of use the Game (closing the Game). In this case, the Licensor shall send a notice to the Licensee at least thirty (30) calendar days prior to the closing date of the Game. In this case, the Licensor does not pay any compensation and, among other things, does not reimburse the Licensee the monetary equivalent of the acquired Rights to non-activated data and commands.

  • In the event of any, including a single, violation by the Licensee of the terms of this Agreement or Key documents. In this case, the Licensor does not return money to the Licensee and does not reimburse losses.

• Termination of the Agreement by the Licensee. The Licensee may at any time, without notice to the Licensor and without giving any reason, terminate this Agreement unilaterally out of court by deleting the Account or, if the Game does not provide for the creation and use of the Account, by deleting the Game itself, while preserving the obligations and responsibilities of the Licensee arising prior to the deletion. In this case, all activated and non-activated data and commands associated with this Account can be deleted without the right to restore. Also, the Licensor is not obliged to pay to the Licensee any compensation, except for the damage caused by non-compliance with the requirements of this Agreement.

• Amendments to Key documents. The Licensee confirms that the Licensor has the unconditional right to unilaterally change the terms of the Key documents and that such amendments do not constitute changes to this Agreement.

 

1. FINAL PROVISIONS

 

• Severability clause. The invalidity of one or more provisions of the Agreement, recognized in accordance with the established procedure entered into force by a court decision, does not entail for the Parties the invalidity of the agreement as a whole. In the event that one or several provisions of the Agreement are recognized as invalid in accordance with the established procedure, the Parties undertake to fulfill the obligations assumed under the Agreement as close as possible to the implied by Parties during the conclusion and/or agreed manner of modifying the Agreement.

• This Agreement and the relationship of the Parties in connection with this Agreement and the use of the Game are governed by the laws of the EU.

• The norms of the Civil Code of the EU, governing the procedure and conditions for concluding an agreement by acceptance of a public offer, are applied regarding the form and method of concluding this Agreement.

• All disputes between the parties under this agreement shall be settled by correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to come to an agreement between the parties through negotiations within 60 (sixty) calendar days from the date of receipt by the other Party of a written claim, the dispute shall be referred by any interested party to the court of general jurisdiction at the location of the Licensor (with the exception of the jurisdiction of the case to any other courts), unless otherwise expressly provided by the current legislation of the EU.

• For questions related to the execution of the Agreement, please contact the  e-mail address: yuriiserednytskyi@gmail.com.

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