1. General provisions
- 1.1. This License Agreement (the “Agreement”) regulates the relations between TITULUM ENTERPRISES LIMITED (Reg. number: HE233619, registered at: Kolokotroni, 6, Floor 1, Room/Office 6, 1101, Nicosia, Cyprus) (the “Licensor”) and an individual who has the required legal capacity to enter into this Agreement and who has duly entered into this Agreement to use the the massively multiplayer online role-playing game Skylore posted on the Internet at: https://skylore.com (the “Licensee”), and also available to download through the mobile app stores Google Play, the App Store and any other stores at the discretion of the Licensor.
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1.2. The massively multiplayer online role-playing game Skylore posted on the Internet at:
https://skylore.com
or available to download via the mobile app stores Google Play, the App Store and any other stores at the discretion
of the Licensor (the “Game”), is an online computer game that is a computer program, comprising a collection of
data, commands and audiovisual representations generated by it (“Program Elements”), activated sequentially to
obtain a particular result by the Licensee, provided for by the logic of the Game, without making a payment
(“Activated Program Elements”) or after making a payment (“Non-Activated Program Elements”).
The Licensee reproduces the Program Elements predetermined by the Licensor on its computer (the “Game Client”), whereas the remaining Program Elements (including Non-Activated Program Elements) are placed by the Licensor on the servers used by the Licensor.
The Game Client can be distributed by the Licensor and/or their authorized persons or entities both via the Internet and tangible media.
The Game Client distributed on the Internet is provided to the Licensee free of charge, with the right to reproduce, unless otherwise stipulated in this Agreement.
Copies of the Game Client distributed on tangible media may be provided to the Licensee for a fee. -
1.3. This Agreement is an open and public document.
The current version of the Agreement is located on the Internet at https://skylore.com/eula.
The terms of this Agreement are a public offer in accordance with the legislation of the Republic of Cyprus -
1.4. Registration of the Licensee in the Game is made via authentication services, such as Facebook, Google, Apple and other services that are technically accessible at the time of registration. This process creates the Licensee's account (the “Profile”) and represents unconditional acceptance and confirmation by the Licensee of the terms of this Agreement. The actual use of the Game also represents acceptance of this Agreement.
The Licensee is entitled to change the information in their Profile and the method of authentication at any time.
The Licensee is also entitled to use the Game without completing the registration process by playing under a guest account. In this case, the Licensee shall be solely responsible for any loss of access to their Profile resulting from the lack of authentication through the aforementioned services.
Claiming ignorance or not knowing the terms of the Agreement does not absolve the Licensee from liability for failure to comply with its terms. - 1.5. By accepting the terms of this Agreement, the Licensee acknowledges their consent to the processing by the Licensor of their personal and other data provided by the Licensee to the Licensor that is required to use the Game in accordance with the Privacy Policy.
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By agreeing to the terms of this Agreement, the Licensee confirms their legal capacity (or in cases permitted by the legislation of the Republic of Cyprus, that the Licensee has the permission of legal representatives to conclude this Agreement), confirms that their personal and other data provided to the Licensor when registering their Profile and when using the Game is accurate, and assumes all responsibility for their accuracy, completeness and reliability.
The Licensee assumes all the risks associated with their actions related to errors and inaccuracies in the data they provide.
2. Granting of the License
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2.1. Under this Agreement, the Licensor grants the Licensee the right to use the Game under the terms of a simple non-exclusive license within the limits determined by this Agreement, and solely for personal, non-commercial use.
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2.2. The Licensee shall be entitled to use the Activated and Non-Activated Program Elements under the terms of this Agreement.
The rights to Non-Activated Program Elements purchased by the Licensee for a fee (“Royalties”) make it possible to increase the number of in-game elements in the Game, as well as the main in-game currency Diamonds (“In-Game Currency”).
Payment of Royalties is not a prerequisite for the Licensee's participation in the Game and is performed solely at the discretion of the Licensee. -
2.3. The right to use Non-Activated Program Elements is provided by the Licensor to the Licensee for the payment of Royalties on the terms of a simple non-exclusive license solely at the discretion of the Licensee.
The amount of Royalties is determined by the Licensor, and depends on the amount of Non-Activated Program Elements granted by the Licensee for use.
The Licensor independently matches the amount of Royalties with the amount of In-Game Currency.
The Licensor independently matches the amount of Non-Activated Program Elements with the amount of In-Game Currency. -
2.4. The Licensee obtains the rights to use Non-Activated Program Elements after submitting the amount of Royalties stipulated by the Agreement and after the Licensor assigns the In-Game Currency to the Licensee's account in the Game.
The Licensor's obligation to grant the Licensee the right to use Non-Activated Program Elements is deemed to be performed by the Licensor at the time they assign the In-Game Currency to the Licensee's account in the Game.
Prior to obtaining confirmation of the payment of Royalties, the Licensor shall not grant the Licensee the right to use Non-Activated Program Elements. -
2.5. The right to use Non-Activated Program Elements is granted to the Licensee for the term of this Agreement, if such right is not terminated earlier, including in connection with the implementation of the logic of the Game.
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2.6. The payment of Royalties is carried out by the Licensee on the basis of the price list located in the «Shop» section.
The amount of Royalties can be changed by the Licensor unilaterally at any time without providing the Licensee with prior notice.
When using the Game, the Licensor is entitled not to allow the Licensee to use the rights, including the right to use Non-Activated Program Elements, for any reason, and this does not give the Licensee the right to require that the Licensor refunds any previously paid Royalties, unless otherwise expressly provided by the applicable legislation of the Republic of Cyprus. -
2.7. The Licensor automatically creates the Licensee's account, which is linked directly to the character created by the Licensee in their Profile.
The methods and terms for paying Royalties are published by the Licensor on the Internet at: https://skylore.com/payments.
The Licensor is not responsible for the Licensee's compliance with the payment terms and requirements of payment systems.
The Licensee is obliged to keep the documents confirming the payment of Royalties during the entire period of use of the Game by the Licensee and, upon request of the Licensor, provide such documents to them. -
2.8. The Licensee shall bear all costs associated with the transfer of funds to the Licensor independently and at their own expense, including fees levied by banks and payment system operators.
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2.9. The Licensor specifically stipulates that Royalties shall not be paid in installments using several payment methods at the same time.
3. Property rights
- 3.1. All intellectual property rights associated with the Game and all its parts and copies (including any names, computer code, art work, objects, characters, character names, stories, dialogues, items that the characters own, the design of the terrain and buildings, animations, musical themes, sound and visual effects, story lines, appearance of characters, methods of work and relevant documentation) belong to the Licensor.
- 3.2. The Licensor reserves the right to modify or delete the above intellectual property components without notifying the Licensee.
4. Terms of Use of the Game by the Licensee
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4.1. The Licensee shall have the right to:
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4.1.1. Reproduce the Game Client by installing it on a computer with the operating systems that are officially supported by the Game, solely for the purpose of participating in the Game; information on supported operating systems and minimum requirements is available on the FAQ page.
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4.1.2. Use Activated Program Elements to achieve the result determined by the Game logic.
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4.1.3. Activate Non-Activated Program Elements after payment of Royalties to the Licensor and use them, including to achieve the result determined by the Game logics faster than when using only Activated Program Elements.
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4.1.4. Perform actions enabled by the logic of the Game and its technical capabilities: manage game objects (game characters), exchange messages with other users of the Game.
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4.2. The Licensee may not:
- 4.2.1. Distribute the Game Client or copies thereof in any way or provide the Game to third parties in the form of a pledge.
- 4.2.2. Use and distribute outside the Game, for commercial purposes, audiovisual representations and other elements present in the Game, copy, transmit, broadcast, publish, and otherwise distribute and reproduce the materials contained in the Game for commercial purposes.
- 4.2.3. Distribute and transmit for commercial purposes to any third party the right to use Non-Activated Program Elements, characters and other elements, unless expressly permitted by the terms of this Agreement.
- 4.2.4. Transfer the rights to use the Game to third parties under a Sublicense Agreement or otherwise.
- 4.2.5. Use automated scripts to collect information or other kinds of interaction with the objects of the Game.
- 4.2.6. Subject the Game to engineering analyses, extract the source code, modify, disassemble, decompile the Game, translate the Game into other languages or create derivative products based on the Game.
- 4.2.7. Remove labels or signs indicating ownership of the Game.
- 4.2.8. Create or maintain an unlawful connection to the Game servers, intercept, emulate or redirect the communication protocols used by the Licensor within the Game in any manner, including emulation protocols tunneling, intercepting packets, modifying or adding Game components, using utilities or any other means.
- 4.2.9. Organize, promote or take part in any attacks on the Licensor's servers or make other attempts to interfere with their work.
- 4.2.10. Use someone else's Profile, and modify the data of another user’s Profile.
- 4.2.11. Use any in-game bugs or software errors in the Game or payment system errors when Royalties payments are submitted.
- 4.2.12. Run more than one copy of the Game on one device.
- 4.2.13. Use the Game in ways that are not expressly set forth in this Agreement.
- 4.3. The Licensee may use the Game in the entire territory of the European Union and in other territories where it is available for normal gameplay.
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4.4. The Game and parts thereof are the intellectual property of the Licensor and are protected by the intellectual property laws of the Republic of Cyprus and relevant international legal conventions.
Any use of the Game or parts thereof without permission of the Licensor is illegal and could lead to court proceedings and the initiation of civil, administrative or criminal liability proceedings in accordance with the legislation of the Republic of Cyprus.
5. Rights and Obligations of the Licensee
- 5.1. The Licensee shall fully comply with the terms of this Agreement, the applicable legislation of the Republic of Cyprus and the rights and legitimate interests of the Licensor.
- 5.2. The Licensee shall not use the Game or any of its parts for any purpose except for purposes related to personal, non-commercial use.
- 5.3. The Licensee shall refrain from performing actions aimed at destabilizing the work of the Game, attempting unauthorized access to the Game, its parts and code, and from performing any other actions that violate the rights of the Licensor or third parties.
- 5.4. The Licensee agrees not to attempt to disable or otherwise interfere with any technical features used to protect the Game.
- 5.5. The Licensee agrees not to attempt to alter or modify any part of the Game.
- 5.6. The Licensee agrees not to mislead other users of the Game and third parties.
- 5.7. The Licensee shall, without written approval from the Licensor, not enter into transactions or offer to enter into transactions with other users of the Game in relation to any goods, works, services or results of intellectual activity, or use the Game to distribute advertising and promotional materials.
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5.8. The Licensee agrees not to use the Game in violation of the rights and legitimate interests of third parties and the legislation of the Republic of Cyprus, including:
- 5.8.1. Not to display materials that contain insults, slander, profanity, pornographic or materials contrary to morality, materials demonstrating or promoting cruelty, terror or violence, offending human dignity, or any other materials that do not comply with the legislation of the Republic of Cyprus or any reference to websites and other resources containing such materials.
- 5.8.2. Not to post through the Game any information and materials that contain threats, discredit or offend other users of the Game or third parties, that are fraudulent, infringe on personal or public interests, promote racial, religious, ethnic hatred or enmity, or any other information that violates the human rights and citizenship rights protected by the legislation of the Republic of Cyprus.
- 5.8.3. Not to post through the Game propaganda or agitation that incites social, racial, national or religious hatred and enmity, hatred of persons of non-traditional sexual orientation, or propaganda related to war, social, racial, national, religious or linguistic superiority.
- 5.8.4. Not to describe or promote criminal activity, post instructions on or guides to committing criminal acts.
- 5.8.5. Not to post or transmit through the Game any restricted information (confidential information) if the Licensee is not authorized to perform these actions.
- 5.8.6. Not to use the Game to distribute spam, chain messages (messages requiring their transfer to one or more users), pyramid schemes or requests to participate in them, or any other intrusive information.
- 5.8.7. Not to use the Game to post messages, graphics, pictures or other materials, which cause or may cause harm to the honor, dignity and business reputation of any person or entity.
- 5.8.8. Not to use the Game to post and not to collect personal data, including home addresses, telephone numbers, email addresses, passport details and other personal information of other users of the Game or other people without their prior consent.
- 5.8.9. Not to post through the Game the results of intellectual activity that the Licensee does not have the rights to use in this way.
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5.9. The Licensee is responsible for any actions related to the creation and posting of messages and comments when using the Game in accordance with the applicable legislation of the Republic of Cyprus.
The Licensee is responsible for the content of their messages and comments in the Game.
The content of messages and comments in the Game is governed by the rules of communication in the Game, which are posted on the Rules of Conduct page. -
5.10. The Licensee is solely responsible for maintaining the confidentiality and security of their chosen access credentials.
The Licensee is responsible for all activities performed in their Profile.
The Licensee shall notify the Licensor of any third party access to the Profile of the Licensee.
The Licensee shall not transfer, assign, sell, or transfer for further use their Profile to any third party without written consent of the Licensor.
The Licensee is solely responsible for all activities performed in their Profile and for any consequences that could result or have resulted from such use. -
5.11. When registering for the Game, the Licensee shall provide exact, correct, accurate and up-to-date information about themselves.
In the event of any change to the data provided when registering for the Game, the Licensee agrees to notify the Licensor thereof as quickly as possible. - 5.12. The Licensee shall not use the Game in ways not provided for by this Agreement.
6. Rights and Obligations of the Licensor
- 6.1. The Licensor shall ensure that the Licensee can use the Game rights granted in accordance with this Agreement.
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6.2. The Licensor shall provide the Licensee the right to use Activated Program Elements on a pro bono basis, unless otherwise stipulated in this Agreement.
The Licensor shall provide the Licensee with the right to use Non-Activated Program Elements in exchange for Royalties. -
6.3. The Licensor may at any time, unilaterally and without providing the Licensee with prior notice, restrict, extend or modify the content of the Game or pause the Game.
The Licensor may update the Game Client; in this case, in order to continue using the Game, the Licensee must download a new updated version of the Game Client. - 6.4. The Licensor may impose any restrictions for the use of the Game by the Licensee.
- 6.5. The Licensor reserves the right to refuse to grant the Licensee the right to use the Game without explaining the reasons, and at any time to suspend, restrict or terminate this Agreement unilaterally.
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6.6. The Licensor may immediately block the Licensee from using the granted rights to the Game if Licensee violates the terms of this Agreement or if the Licensor finds the Licensee's actions fraudulent or aimed at ruining the Game, undermining the Licensor's reputation or brand.
The Royalties paid by the Licensee for granting the rights to use the Non-Activated Program Elements, in this case, are not refundable. -
6.7. The Licensor shall make every effort to ensure that the Licensee can use the granted rights to the Game around the clock daily.
However, the Licensor reserves the right to temporarily suspend the possibility of using the Game for maintenance, testing or other production work. -
6.8. The Licensor may send in any way organizational and technical information, information about the functioning of the Game, as well as place advertising, information and other messages within the Game or send them to the email address or telephone number specified by the Licensee, and the Licensee, by accepting the terms of this Agreement, confirms that they agree with the above.
The Licensor is entitled to place advertising and / or other information in any section of the Game, to interrupt the Game with advertising information, to which the Licensee provides consent in this Agreement. -
6.9. The Licensor does not pre-moderate or censor the messages and comments of the Licensee.
In this case, the Licensor may edit or delete materials published by the Licensee if they do not comply with the requirements of the applicable legislation of the Republic of Cyprus and the terms of this Agreement, harm the Licensor or third parties. - 6.10. The Licensor shall be entitled to assign their rights and duties under this Agreement to third parties for execution of this Agreement without an additional consent of the Licensee.
7. Warranties and Liabilities
- 7.1. The Game and the rights to use it are transferred “as is”..
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7.2. The Licensor may commission third parties to perform this Agreement.
The Licensee acknowledges that the specified third parties shall be granted the same rights as the Licensor, including in respect of the personal data of the Licensee. - 7.3. The Licensee warrants that they shall not perform any actions aimed at causing damage to the Licensor or to other persons.
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7.4. In case of violation of the Game rules specified in this Agreement, and in case of violation of clause 7.3. of this Agreement, the Licensee shall reimburse the Licensor for any losses resulting from such actions.
If any third party files a claim against the Licensor relating to the use of the Game by the Licensee, the Licensee shall resolve these claims on their own and at their expense in order to settle these claims with third parties, thus protecting the Licensor from possible losses and proceedings. - 7.5. Recognizing the international nature of the Internet, the Licensee assumes responsibility for compliance with all local rules and laws relating to the Licensee's activities on the Internet.
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7.6. The Licensor is not liable for adverse effects or losses caused by events and circumstances beyond their competence or for any possible illegal acts committed by the Licensee or any third party.
The Licensor shall not be liable in the event of failure by the Licensee to fulfill their obligations due to a failure or delay in providing information and documents, or a violation by the Licensee of the terms of this Agreement or requirements for the information and documents. - 7.7. The Licensee understands and agrees that the Licensor shall not be liable for any materials that were posted not by the Licensor, including but not limited to: texts and comments, images, or any other information posted by third parties.
- 7.8. The Licensor shall not be liable for any damage to the computers of the Licensee or any other persons’ computers, including any other equipment or software, caused by or associated with the use of the Game.
- 7.9. Under no circumstances shall the Licensor be liable to the Licensee or any third parties for any consequential damages, including lost profits or lost data, or damage to the honor, dignity or business reputation resulting from the use of the Game.
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7.10. The Licensor shall not be liable to the Licensee or any third party for:
- 7.10.1. The Licensee's actions in the Game.
- 7.10.2. Content and validity, reliability of the information used/obtained by the Licensee in the Game.
- 7.10.3. Quality of the goods/works/services purchased by the Licensee after viewing advertising messages (banners, commercials, etc.) posted in the Game and their possible inconsistency with the generally accepted standards or expectations of the Licensee.
- 7.10.4. For the consequences of using the information used/obtained by the Licensee in the Game.
- 7.10.5. For the inability to use the Game or any of its parts due to lack of access to the Internet on the part of the Licensee.
- 7.10.6. For failure to transfer Royalties to the Licensor for reasons beyond the control of the Licensor, including, but not limited to: software failures and equipment failure of banks, telecom operators, payment systems, and other intermediaries that receive payments from the Licensee and transfer them to the Licensor.
- 7.11. The Licensor does not reimburse the Licensee for any costs associated with the payment by Licensee of Royalties, including in the event of the suspension or termination of this Agreement or the granted rights to use the Game for any reason, unless otherwise expressly provided for by the legislation of the Republic of Cyprus.
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7.12. The Licensor does not warrant that:
- 7.12.1 The Game will meet the expectations of the Licensee.
- 7.12.2. Usage of the Game will be uninterrupted, fast, without technical glitches and errors.
- 7.12.3 The Game will be available and can be used 24 hours a day, at a particular time or for any period of time.
- 7.13. The Licensor is not obliged to provide the Licensee with any evidence, documents or other evidence that the Licensee violated the terms of the Agreement, as a result of which this Agreement is suspended or terminated.
8. Technical Requirements for the Computers of the Licensee
- 8.1. The Game is designed to interact only with official, licensed and unmodified software.
- 8.2. The Licensee acknowledges and agrees that the Licensor does not provide the Licensee with communications services and is not responsible for any malfunction of the equipment and communications networks belonging to third parties and used to provide communication services to the Licensee.
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8.3. The Licensee acknowledges and agrees that the speed of access to the Game over the Internet may vary due to the traffic volume of the Licensee's channel from other resources or for other reasons beyond the Licensor's control.
The Licensor is not responsible if at a particular time, in a particular place, the Licensee is unable to use the Game or its parts due to low access speed.
9. Links to Third-party Websites
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9.1. The Game may contain links or provide access to other websites on the Internet (third-party websites) and content located on these websites, which is the result of intellectual activity of third parties and protected in accordance with the legislation of the Republic of Cyprus.
The specified websites and content placed on them are not checked by the Licensor for compliance with the requirements of the legislation of the Republic of Cyprus or the legislation of other countries. - 9.2. The Licensor is not responsible for any information or content contained on third-party websites to which the Licensee gains access, including, but not limited to, any opinions or statements expressed by third-party websites.
- 9.3. he Licensee confirms when the Licensee uses a link to be redirected to a third-party website, the relationship between the Licensor and the Licensee is terminated, this Agreement no longer covers the Licensee, and the Licensor is not responsible for the accuracy of the information placed on the websites of third parties, use of the content by the Licensee, legality of such use or quality of content posted on third-party websites.
10. Term and Termination of the Agreement
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10.1. Agreement shall enter into force upon its acceptance by the Licensee and is valid for 1 (one) calendar year.
The validity of this Agreement is automatically extended for another 1 (one) calendar year providing that it has not been terminated or canceled before the expiration of its term. -
10.2. The Licensor may, at any time, without providing prior notice to the Licensee and without giving any reasons, terminate this Agreement without compensation for any damages, unless otherwise expressly provided by applicable legislation of the Republic of Cyprus.
The Licensor reserves the right, at its sole discretion, and upon receipt of information from any third parties about the violation by the Licensee of the rules and terms set forth in this Agreement or the rights and interests of third parties, to suspend, restrict or terminate (for a period of time or permanently) the Licensee's right to use the Game at any time for any reason or without a reason, with or without prior notice, without being responsible for any harm that may be caused to the Licensee by such actions. - 10.3. In the event of the termination of the Agreement for any reason, the Licensee's Profile is blocked, and the license to use the Game and all its parts is withdrawn.
- 10.4. The Licensee may terminate this Agreement at any time by removing the Game Client and all components of the Game downloaded on the Licensee’s devices.
11. Amendments to the Agreement
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11.1. The Licensor may at any time and at their sole discretion amend and supplement this Agreement.
The Licensor shall notify the Licensee that they have amended or supplemented the Agreement using any available method, including, but not limited to, publication on the Internet at https://skylore.com/eula, or by posting a message in the Game.
At the same time, the continued use of the Game after such amendments or additions are made to this Agreement means that the Licensee gives their consent to such amendments or additions, in connection with which the Licensee shall regularly monitor the amendments to the Agreement posted on the Internet at https://skylore.com/eula.
12. Miscellaneous
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12.1. This Agreement is drawn up in accordance with the legislation of the Republic of Cyprus.
Issues not regulated by this Agreement shall be settled in accordance with the legislation of the Republic of Cyprus. -
12.2. In the event of any dispute or disagreement arising from the execution of this Agreement, the Licensor and the Licensee shall endeavor to resolve through negotiation.
In the event that any dispute cannot be resolved through negotiation, it shall be resolved in a court of general jurisdiction at the location of the Licensor, unless otherwise provided for by the applicable legislation of the Republic of Cyprus. - 12.3. If a court or other legal authority deems any paragraph of this Agreement to be invalid, the remainder of the Agreement shall remain in full force and effect.
- 12.4. This Agreement replaces all prior verbal or written agreements concluded between the Licensor and the Licensee.
- 12.5. Requests, proposals and claims of individuals and legal entities to the Licensor relating to the content and functioning of the Game, violations of the rights and interests of third parties, requirements of the legislation of the Republic of Cyprus, and requests of persons authorized by the legislation of the Republic of Cyprus can be sent to the following email address: [email protected].