Effective date: 20 August 2021
Please ensure that you read all sections of this Agreement carefully. If you do not agree and/or do not accept all or any of the terms of this License Agreement, please do not use or discontinue using the Game or any of the Licensor's products and their functionality, and remove the Game from your mobile electronic device and other storage media.
1. Terms and definitions
- 1.1. Licensor – Limited Liability Company AIGRIND, OGRN (Primary State Registration Number) 1103925008131, INN (Taxpayer Identification Number) 3906216773), registered address: Russia, 236016, Kaliningrad, 2V Universitetskaya str.;
- 1.2. Licensee – an individual (end user) who has entered into this Agreement and directly uses the Game or Other Licensor's Products;
- 1.3. Website – the website located at the address: https://skylore.com, on which the Licensor publishes information on the Game, as well as information related to the terms and conditions of use of the Game and other products provided by the Licensor;
- 1.4. Game – software, namely massively multiplayer online role-playing game (MMORPG) Skylore for mobile electronic devices, available for download from the official mobile app stores Google Play, App Store and any other stores of the Licensor's choice. The rights to the Game belong to the Licensor ;
- 1.5. Game Client – a reproduction of a pre-defined set of elements of the Game on a mobile electronic device;
- 1.6. Profile – an account that includes information that identifies a specific Licensee and is required for registration, authentication and authorisation of the Licensee through the services of the Licensor's authorised partners, including Google, Apple and Facebook; ;
- 1.7. Gaming Content – visual, audio-visual and other displays available to the Licensee free of charge or for a Fee in the Game, which include, without limitation: game characters, virtual in-game items, game locations, virtual in-game currencies, quests, mechanics, modes and other Game Elements;
- 1.8. Game Elements – a collection of data, commands and audio-visual representations generated by them, activated sequentially to obtain a certain result by the Licensee provided for by the logic of the Game.
- 1.9. Non-Activated Game Elements – Game Elements purchased by the Licensee for the Fee or the Virtual In-Game Currency or, in certain cases stipulated by the Licensor, free of charge, including the following:
- 1.9.1. Virtual Items – virtual in-game items, which include, without limitation: items that allow to improve the character's characteristics and equipment (permanently or temporarily), change the appearance of the character, gain access to extra content, items containing random or content-specific sets of Virtual In-Game Currencies and/or Virtual Items, and any other items developed by the Licensor and available for purchase in the Virtual Store.
- 1.9.2. Virtual Goods – other in-game virtual goods and services that provide additional access and opportunities, including, without limitation: Skypass (temporary and limited access to additional items and enhancers in the Activity Centre), accelerators used to increase the amount of the Virtual In-Game Currency received during the game, reducing the time to open chests from game modes or learn talents, and other virtual goods and services developed by the Licensor and available for purchase in the Virtual Store or the Activity Centre.
- 1.9.3. Virtual In-Game Currency – virtual currency in the form of "diamonds", "gold", "knowledge" and in other forms available in the Game and provided on the terms and conditions determined by the Licensor, intended for use in the Game, entitling the Licensee to purchase the Virtual Items and the Virtual Goods.
- The Virtual In-Game Currency may be purchased for a Fee or by exchanging one type of Virtual In-Game Currency for another, subject to the terms and conditions established by the Licensor.
- 1.11. Activity Centre – an element of the Game whose logic involves the Player receiving Virtual Items and/or Virtual In-Game Currency as a reward for completing tasks, called activities, in a limited time period called a season.
- 1.12. Fee – payment to the Licensor for the transfer of the rights to use the Non-Activated Game Elements made with cash or Virtual In-Game Currency as envisaged by this Agreement. The amount of the fee shall be determined by the Licensor at its sole discretion depending on the scope and estimated period of use of the rights to the Non-Activated Game Elements;
- 1.13. Licensee's Personal Account – a virtual personal account automatically created by the Licensor, used to display the Licensee's purchased Non-Activated Game Elements, which is linked directly to the Licensee's character created in the Licensee's Profile;
- 1.14. Other Licensor's Products – the website https://skylore.comon which the Licensor publishes information on the Game and information related to the terms and conditions of use of the Game and other developments provided by the Licensor, as well as other resources located on the Internet and administered (controlled) by the Licensor, such as Skylore online forumand Freshdesk Skylore (technical support service);
- 1.15. Licensee's Content – any information content placed by the Licensee during the use of the Game and Other Licensor's Products, including (without limitation): names of the Licensee's characters used, messages in any chats of the Game, including the Skylore online forum and Freshdesk Skylore (technical support service);
- 1.16. Applicable Legislation – effective legislation of the Russian Federation or any legislation of another jurisdiction to be applied if it derives from the mandatory rules of law of another jurisdiction having a close connection with this Agreement;
2. General provisions
- 2.1. Pursuant to this Agreement and subject to the Licensee's compliance with the terms and conditions hereof, the Licensor shall grant the Licensee, on the terms of a simple (non-exclusive) licence, the right to use the Game to the extent specified in this Agreement and solely for personal, non-commercial use, as well as the right to use Other Licensor's Products.
- The transfer of the rights to use the Game shall be effected free of charge and without restriction as to the time of use by the Licensee installing the Game Client on a mobile electronic device, except for the transfer of the rights to use the Non-Activated Game Elements, for the use of which the Licensee must pay to the Licensor the appropriate Fee or pay for such use with the Virtual In-Game Currency, where envisaged by the Game terms.
- 2.3. This Agreement is an open and public document.
The current version of the Agreement is available online at: https://skylore.com/eula.
- 2.4. The terms of this Agreement constitute a public offer pursuant to Article 437 of the Civil Code of the Russian Federation.
- 2.5. A person who has retrieved, installed, downloaded the Game, completed the registration (authorisation) procedure or otherwise started using the Game is deemed to have accepted this Agreement (accepted the Licensor's offer) in full without any reservations or exceptions in accordance with Article 438 of the Civil Code of the Russian Federation and confirmed its unconditional consent to any and all of the terms hereof.
- 2.6. By accepting the terms and conditions hereof, the Licensee warrants that under the legislation of the Licensee's jurisdiction Licensee possesses sufficient legal capacity and ability to accept this Agreement or, in the events allowed by the legislation of the Licensee's jurisdiction, confirms that the Licensee has a permission from the legal representatives to enter into this Agreement, and confirms the accuracy of the Licensee's personal and other data provided to the Licensor during registration of the Licensee's Profile and use of the Game, and accepts all responsibility and potential risks regarding the accuracy, completeness and reliability of such data.
3. Granting Access to the Game
- 3.1. The Licensee may gain access in one of the following ways:
- 3.1.1. leave a request on the Licensor's Website in the "Sign up for a test" section, by providing the Licensee's email address;
- 3.1.2. download and install the Game from the official app store (Google Play or AppStore).
4. Registration Procedure
- 4.1. The Licensee may use the Game without the registration procedure by using a guest account or by registering and obtaining a game account (hereinafter individually and collectively referred to as the Profile).
- 4.2. When creating a guest account, the Licensee shall be solely responsible for the loss of access to the Licensee's profile due to the lack of authorisation of the game account as defined in clause 4.3. of the Agreement.
- 4.3. The Licensee may register in the Game by authorisation through the services of the Licensor's authorised partners, including: Google, Apple, Facebook and other services technically available at the moment of the Licensee's registration with subsequent automatic assignment of the Profile to the Licensee.
- 4.4. Any acts carried out with the use of the Licensee's Profile shall be deemed to have been carried out by the Licensee in person.
- 4.6. If the Licensee indicates its email address on the Licensor's Website, the Licensee consents to sending the information and advertising messages regarding the Game and Other Licensor's Products to the indicated email address.
- 4.7. The Licensee shall be solely responsible for the security of the means of access to the Profile chosen by the Licensee and for maintaining their confidentiality.
- 4.8. The Licensee shall be solely responsible for all acts and their consequences in connection with the use of the Game and Other Licensor's Products via its Profile, including cases where the Licensee voluntarily transfers data for access to its Profile to third parties on any terms, and any acts within or with the use of the Game and Other Licensor's Products via the Licensee's Profile shall be considered to be carried out by the Licensee in person, unless the Licensee has timely notified the Licensor of unauthorised access to the Licensee's Profile or any violation (suspected violation) of confidentiality of the Licensee's means of accessing the Profile.
- 4.9. The Licensee may at any time change the information in the Profile, change the method of authorisation by using another service of the Licensor's authorised partner, request the Licensor to delete the Profile or refuse to use the Game and Other Licensor's Products without directly requesting the Licensor to delete the Profile.
5. Access to the Non-activated Game Elements
- 5.1. In order to grant the Licensor the right to use the Non-Activated Game Elements on the terms of a simple non-exclusive licence, the Licensee must pay the Licensor a Fee or pay for such use with the Virtual In-Game Currency where envisaged by the terms and conditions of the Game (hereinafter collectively referred to as the Fee).
- 5.2. The purchase of Non-Activated Game Elements and the payment of the Fee are not a prerequisite for the Licensee's use of the Game and are solely at the Licensee's discretion.
- 5.3. The Licensor shall at its sole discretion determine:
(1) amount of the Fee (including the ratio of the value, scope and quantity of the Non-Activated Game Elements to the amount of the Fee);
- (2) terms and conditions for the purchase of each Non-Activated Game Element;
- (3) period of use of each Non-Activated Game Element.
- 5.4. The rights to the Non-Activated Game Elements allow the Licensee to:
(1) increase the amount of the Virtual In-Game Currency;
- (2) purchase Virtual Items;
- (3) purchase Virtual Goods.
- 5.5. Acquisition of the rights to use the Non-Activated Game Elements in all cases constitutes the Licensee's consent to the manner, scope and terms of granting such rights.
- 5.6. The Licensee may only purchase Non-Activated Game Elements from the Licensor through the Virtual Store and the Activity Centre or through the services of the Licensor's authorised partners and in no other way.
- 5.7. The Licensee shall obtain the right to use the Non-Activated Game Elements upon full payment of the Fee and recording by the Licensor of the purchased Non-Activated Game Elements in the Licensee's Personal Account. The Licensor specifically stipulates that the Fee may not be paid in instalments using multiple payment methods simultaneously.
- Until receipt of confirmation of the payment of the Fee, the Licensor may not grant the Licensee the right to use the Non-Activated Game Elements.
- 5.8. The methods and conditions of payment of the Fee shall be determined by the Licensor and the policies of the Licensor's authorised partners whose services are used to make payment, if applicable.
- 5.9. The Licensee shall bear all costs associated with the transfer of funds to the Licensor independently and at their own expense, including various fees and commissions of banks and payment system operators.
- 5.10. The Licensee shall follow the payment instructions regarding the procedure and means of payment, including the rules for data entry and the procedure for entering upper and lower case letters, numbers and the language of entry. The Licensor shall not be responsible for correct compliance by the Licensee with the payment instructions and conditions.
- 5.11. The Licensee warrants that it has the legal right to use its chosen means of payment for the Non-Activated Game Elements, without infringing the Applicable Legislation. The Licensor shall not be liable for any damage to third parties caused by the use of any means of payment not legally owned by the Licensee.
- 5.12. The Licensee must retain the documents evidencing cash payment of the Fee for the duration of the Licensee's use of the Game and provide to the Licensor such documents, as well as any information on the circumstances of the payments, at the Licensor's request.
- 5.13. The Licensor's obligation to transfer the rights to use the Non-Activated Game Elements shall be deemed fulfilled at the moment the Non-Activated Game Elements are reflected in the Licensee's Personal Account or the Activity Centre.
- 5.15. In the event that, as a result of a technical error, malfunction or deliberate act of the Licensee, the Licensee has been enabled to use the Non-Activated Game Elements in a manner not specified in this Agreement (including without payment of a Fee), the Licensee agrees to report this fact to the Licensor and pay the Licensor the Fee or remedy all consequences of the unlawful use/discontinue the unlawful use.
The Licensor may remedy such consequences independently, without notifying the Licensee.
- 5.16. The Licensee shall not refund the Fee if the Licensee's acts in breach of this Agreement result in termination of the right to use the Non-Activated Game Elements.
- 5.17. Refusal to allow the Licensee to use the Non-Activated Game Elements for any reason whatsoever shall not entitle the Licensee to claim a refund of the Fee from the Licensor, unless otherwise expressly envisaged by the Applicable Legislation or the Refund Policy published online at: https://skylore.com/refund_policy.
6. Licensee's Content
- 6.1. The terms and conditions of posting the Licensee's Content shall be governed by the Rules of Conduct, published online at:
https://skylore.com/rules_of_conduct. The Licensee agrees to read the text of the Rules of Conduct before using the Game and any other product of the Licensor.
The Licensor may change the Rules of Conduct at any time at its sole discretion, both with or without further notice to the Licensee. The Licensee agrees to monitor such changes and assess all risks associated with the posting and use of the Licensee's Content, including an assessment of its reliability, legality, completeness and accuracy.
- 6.2. The Licensor allows the Licensee to post and share the Licensee's Content with other users, but under no circumstances shall the Licensor undertake to control the Licensee's Content posted in the Game and Other Licensor's Products, or to check conformity thereof to the Applicable Legislation, or availability of rights and permissions (consents) for its posting. The Licensee acknowledges that the Licensee shall be solely responsible for the posting and distribution of the Licensee's Content.
However, the Licensor may (but shall not be obliged to) at its sole discretion remove any Licensee's Content at any time if it considers that it violates the Rules of Conduct, any other rules for using the Game and Other Licensor's Products, the requirements of the Applicable Legislation and/or the rights and interests of users or other third parties.
- 6.3. The Licensee may not post, distribute, make available or otherwise use any information included in the Licensee's Content that:
(1) contains threats, appeals, approval and/or encouragement of violent acts;
- (2) defames, insults, discredits honour and dignity, business reputation or violates the privacy of other users or third parties, contains restricted information, including, but not limited to, state and trade secrets, information on the private lives of third parties;
- (3) is vulgar or obscene, contains pornographic images and texts;
- (4) propagates and/or promotes racial, religious, ethnic hatred or enmity on the grounds of gender, orientation or other personal characteristics and individual peculiarities of the person (including health issues);
- (5) contains extremist material, promotes criminal activity or contains advice, instructions or guidance on how to commit criminal acts;
- (6) contains advertising or describes the appeal of using drugs, tobacco, alcoholic beverages;
- (7) constitutes spam, chain messages (messages requesting their transmission to one or more users), pyramid schemes or an appeal to participate in them, and any other intrusive information;
- (8) contains personal data, including home addresses, phone numbers, email addresses, passport details and other personal information of other Game users or other persons and is posted without their prior consent;
- (9) contains advertising and promotional materials, including those of a political nature;
- (10) contains any other information which, in the Licensor's sole opinion, is undesirable, inconsistent with the objectives of the Game and Other Licensor's Products, and prejudicial to the interests of users and third parties.
7. Intellectual Property Rights
- 7.1. All objects available in connection with the use of the Game and Other Licensor's Products, including the software (source and object code), any protected titles, artwork, objects, characters, stories, dialogues, items owned by the characters, the Non-Activated Game Elements, terrain and building design, animations, music themes, sound and visual effects, main storylines, character appearances, operating procedures and related documentation, and any other Game Content (hereinafter referred to as the Game and Product Content), constitute objects of exclusive rights of the Licensor and other right holders, with respect of which the Licensor obtained the relevant rights sufficient to enter into and properly perform this Agreement.
- 7.2. Use of the Game and Product Content is permitted only for personal, non-commercial purposes by reproduction and use of their functionality. Use of the Game Content as well as any other Game Elements is only permitted within the scope of the offered functionality.
- 7.3. The Game, Other Licensor's Products, and any posted Game Content associated with the Game and Other Licensor's Products may not be used in any other way without the prior consent of the Licensor or the right holder. Other use shall mean, without limitation: copying, processing, distribution on any basis whatsoever, etc.
- 7.4. This Agreement does not provide for a transfer or assignment of any exclusive rights or grant an exclusive licence in any component parts of the Game or Other Licensor's Products as intellectual property from the Licensor to the Licensee.
- 7.5. Any use of the Game or parts thereof without permission of the Licensor is illegal and could lead to court proceedings and to bring offenders to civil, administrative or criminal liability in accordance with the Applicable Legislation.
- 7.6. The Licensor reserves the right to transfer the exclusive rights to a third party, to modify, remove and enforce any other rights of the right holder under the Applicable Legislation in relation to the above listed intellectual property in whole or in part without notice to the Licensee.
8. Licensee's Rights and Obligations
- 8.1. The Licensee shall have the right to:
- 8.1.1. use the functionality of the Game and Other Licensor's Products and perform the acts provided for by the Game logic and its technical features: operate game objects (game characters), exchange game items, exchange messages with other users of the Game, subject to the requirements of the Agreement and other applicable rules established by the Licensor and posted on the Website;
- 8.1.2. reproduce the Game Client by installing it on a device 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 is available online at: ”Frequently Asked Questions”;
- 8.1.3. use the Game Elements solely to achieve the result defined by the logic of the Game;
- 8.1.4. obtain the right to use the Non-Activated Game Elements after payment of the fee to the Licensor, and to use them, inter alia, to obtain a faster result than with the standard (publicly available) Game Elements, as determined by the logic of the Game;
- 8.1.5. receive advice and technical support subject to the rules and restrictions laid down by the Licensor.
- 8.2. The Licensee may not:
- 8.2.1. use the Game and Other Licensor's Products in any ways not expressly envisaged by this Agreement, including, but not limited to:
(1) distribute the Game Client or copies thereof in any way, and also provide the Game to third parties in the form of a pledge;
- (2) use and distribute outside the Game or Other Licensor's Products for commercial purposes the audio-visual displays and other Game Elements, and copy, broadcast, circulate, publish, and otherwise distribute and reproduce for commercial purposes the materials contained in the Game;
- (3) distribute and transfer to third parties for commercial purposes the right to use the Non-Activated Game Elements, game characters and other game elements, unless otherwise expressly permitted by the terms of this Agreement;
- (4) transfer the rights to use the Game to third parties under a sublicense agreement or otherwise;
- (5) use in any way other than for purposes related to personal, non-commercial use.
- 8.2.2. use automated scripts to collect information or other kinds of interaction with the objects of the Game;
- 8.2.3. subject the Game and Other Licensor's Products to reverse engineering, extract the source code, modify, disassemble, decompile the Game and Other Licensor's Products, translate the Game into other languages or create derivative products based on the Game, and perform any other acts aimed at interfering with the functioning or integrity of the Game or Other Licensor's Products or extracting the Game Elements, regardless of the purpose of such acts;
- 8.2.4. remove inscriptions or marks indicating ownership of the Game or Other Licensor's Products;
- 8.2.5. organise, promote and take part in any attacks on Licensor's servers and services, as well as make other attempts to interfere with their work;
- 8.2.6. use someone else's Profile, and modify the data of another user’s Profile;
- 8.2.7. exploit any in-game or software errors in the Game, as well as errors in the payment systems, in order to obtain personal benefit through inappropriate access to the Non-Activated Game Elements;
- 8.2.8. run more than one copy of the Game on the same device at the same time.
- 8.3. The Licensee agrees to:
- 8.3.1. duly comply with the terms of this Agreement, other documents of the Licensor published on the Website, and with the Applicable Legislation, as well as the rights and legitimate interests of the Licensor and third parties;
- 8.3.2. not mislead the Licensor, other users of the Game and third parties as to the Licensee's identity, including, but not limited to:
(1) misrepresentation of information on the Licensee;
- (2) registering as a user on behalf of or instead of another person, i.e. creating a false Profile;
- (3) using information or the Profile of another registered user or a third party;
- 8.3.3. not, without the Licensor's written consent, enter into transactions or offer to enter into transactions with other users of the Game in relation to any goods, works, services or intellectual property or to transfer, assign, sell or lend the Profile to any third parties;
- 8.3.4. notify the Licensor immediately of any third-party access to the Licensee's Profile;
9. Licensor's Rights and Obligations
- 9.1. The Licensor shall have the right:
- 9.1.1. at any time, unilaterally and without submitting a prior notice to the Licensee, restrict, extend or modify the content of the Game or Other Licensor's Products, as well as suspend the Game.
- 9.1.2. temporarily suspend the ability to use the Game or Other Licensor's Products for purposes of maintenance, testing or other production work without prior notice to the Licensee;
- 9.1.3. update the Game Client, and in such event in order to continue using the Game the Licensee must download the new updated version of the Game Client;
- 9.1.4. discontinue at any time without prior notice to the Licensee technical support for earlier versions of the Game and Other Licensor's Products, in connection with which the Licensee may not make any claims regarding the correct operation of the Game and Other Licensor's Products;
- 9.1.5. introduce any restrictions on the Licensee's use of the Game and Other Licensor's Products;
- 9.1.6. refuse to grant the Licensee the rights to use the Game and Other Licensor's Products without giving any reason, and to block, suspend, limit or terminate this Agreement unilaterally at any time in the events envisaged by this Agreement or the Applicable Legislation, and also in the events where the Licensor considers the Licensee's acts to be fraudulent or intended to damage the Game and Other Licensor's Products or undermine the reputation or brand of the Licensor;
- 9.1.7. send in any manner whatsoever organisational and technical information, information on the operation of the Game and Other Licensor's Products, and advertising, information and other communications within the Game and Other Licensor's Products or send them to the email address provided by the Licensee, and the Licensee, by accepting the terms of this Agreement, confirms its consent to the above.
The Licensor may place advertisements and other information in any section of the Game and Other Licensor's Products, interrupt the use of the Game and Other Licensor's Products with advertisements, to which the Licensee consents in this Agreement;
- 9.1.8. pre-moderate and censor the Licensee's Content.
The Licensor may edit or delete materials published by the Licensee if they do not comply with the requirements of the Applicable Legislation and the terms of this Agreement, harm the Licensor or third parties.
- 9.1.9. engage third parties in the performance of this Agreement. The Licensee acknowledges that the specified third parties shall be granted the same rights as the Licensor, including in respect of personal data of the Licensee.
- 9.2. The Licensor agrees to:
- 9.2.1. transfer to the Licensee the rights to use the Game and Other Licensor's Products as envisaged by this Agreement and enable the Licensee to use the Game and Other Licensor's Products. the Licensor does not guarantee, but will use its best efforts to ensure that the Licensee can use the granted rights to the Game and Other Licensor's Products on a 24/7 basis;
- 9.2.2. transfer to the Licensee the rights to use the Non-Activated Game Elements upon payment of the Fee by the Licensee and subject to the other terms and conditions set out in this Agreement.
10. Guarantees and Responsibility
- 10.1. The Licensee expressly understands and agrees that the Licensee's access to and use of the Game and Other Licensor's Products is at the Licensee's sole risk, and that the Game and Other Licensor's Products are provided "as is" and "as available".
- 10.2. The Licensee accepts its own security risks in connection with the sharing of information and activities online and agrees that the Licensor shall not be liable for any breach of security unless it was caused by the Licensor's negligence.
- 10.3. The Licensor makes no express or implied warranties and hereby disclaims all such warranties regarding the reliability of the Game and Other Licensor's Products and any part thereof.
Without limiting the foregoing, the Licensor does not warrant that the Game and Other Licensor's Products, or the results obtained from their use:
(1) meet or will meet the Licensee's requirements;
- (2) will be available and usable around the clock, at any particular time or over any period of time; and
- (3) will be timely, error-free, accurate and reliable and usable for any purpose or in any capacity, in connection with which the Licensor assumes no responsibility, including for the suitability of the Game and Other Licensor's Products for the Licensee's purposes.
- 10.4. The Licensor shall not be liable for any kind of claims or damages arising from the use of any and all features of the Game and Other Licensor's Products, including, but not limited to, losses or claims arising from:
(1) errors of the Licensee, such as forgotten passwords or incorrect operations;
- (2) server failure or loss of data;
- (3) unauthorised access or activities by third parties, including, but not limited to: use of viruses, fishing, brute-forcing or other means of attack.
- 10.5. The Licensor shall not be liable for the Licensee's lack of Internet access or for the quality of service of the Internet service providers with whom the Licensee has agreements for the provision of Internet access services.
- 10.6. The Licensor shall not be liable for adverse effects or losses caused by events and circumstances beyond its scope of competence, as well as for possible illegal acts of the Licensee or any third party, including (without limitation):
(1) for the content, legality and accuracy of the information used/received/distributed by the Licensee or any third parties in the Game or Other Licensor's Products, as well as for the consequences of its use when such information has not been posted by the Licensor;
- (2) for the quality of goods/works/services purchased by the Licensee after viewing advertising messages (banners, commercials, etc.) posted in the Game or Other Licensor's Products and their possible inconsistency with the generally accepted standards or the Licensee's expectations.
- 10.7. The Licensor shall not be liable in the event of failure to fulfil the obligations due to unreliability, failure or delay in providing information and documents by the Licensee, or a violation by the Licensee of the terms of this Agreement or requirements to the information and documents that have been provided.
- 10.8. The Licensor shall not be liable for any damage to the Licensee's or any other person's mobile electronic devices, any other hardware or software as a result or in connection with the use of the Game.
- 10.9. The Licensor shall not be obliged to provide to the Licensee any evidence, documents and other evidence to confirm that the Licensee violated the terms of the Agreement, as a result of which the operation of this Agreement was suspended or terminated.
- 10.10. The Licensee warrants that the Licensee will not perform any act intended to cause losses to the Licensor or any other persons.
- 10.11. In the event of a breach of the conditions of using the Game contained herein, and in the event of a breach of the terms and conditions hereof, the Licensee agrees to reimburse the Licensor for all losses caused by such acts.
- 10.12. If any third-party files a claim against the Licensor relating to the use of the Game by the Licensee, the Licensee agrees to settle such claims with third parties independently and at the Licensee's own expense, thus holding the Licensor harmless against possible losses and proceedings.
- 10.13. Recognising 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.
11. Minimum Technical Requirements to Mobile Devices of the Licensee
- 11.1. The Game is designed to interact only with official, licensed and unmodified software.
- 11.2. The Licensee acknowledges and agrees that the speed of access to the Game over the Internet may change due to the traffic volume of the Licensee's channel from other resources or for other reasons beyond the Licensor's control.
- 11.3. The minimum technical requirements to mobile devices are listed at:
To avoid incorrect operation of the Game if your mobile electronic device heats up, it is recommended that you stop using the Game until it has cooled down.
- 11.4. By installing the Game on a mobile device that does not meet the minimum technical requirements, the Licensee assumes full responsibility for the operation of the Game and the mobile electronic device in general.
12. Links to Third-Party Websites
- 12.1. The Game and Other Licensor's Products may contain links or provide access to other websites and services (applications) on the Internet (hereinafter referred to as the Third-Party Services) that contain information and content that are the result of intellectual activity of third parties.
- 12.2. The Licensor shall not check the Third-Party Services and the information and content contained therein for accuracy and conformity to the Applicable Legislation, nor shall it check the conditions and legality of use of such Third-Party Services and, therefore, the Licensor shall not be responsible for any information or content in the Third-Party Services to which the Licensee gains access, including, but not limited to, any opinions or statements expressed therein, nor for the legality of their use by the Licensee.
- 12.3. The Licensee accepts and acknowledges that from the moment the Licensee follows the link to a Third-Party Service, the Licensee's activities on such Third-Party Service shall not be subject to and shall not be governed by this Agreement.
13. Territory, Term and Termination of the Agreement
- 13.1. The Licensee may use the Game and Other Licensor's Products in the ways described in this Agreement throughout the Russian Federation, as well as in other territories where they are available using standard mobile electronic devices and programmes as part of the offered functionality.
- 13.2. This Agreement shall become effective from the moment the Licensee agrees to the terms and conditions hereof in any of the forms specified in clause 2.2. of Agreement and shall remain in effect for a period of one (1) calendar year.
This Agreement shall be automatically renewed for each subsequent calendar year unless it is terminated or repudiated before expiration of the term hereof:
(1) by the Licensor unilaterally at any time for any reason or without a reason, with or without prior notice, without liability for any harm that may result, including by reason of a single breach of this Agreement by the Licensee or upon receipt of information from any third party that the Licensee has breached the terms and conditions set out in this Agreement or the rights and interests of third parties;
- (2) by the Licensee in order to cease the use and delete the Profile;
- (3) by reason of removal of the Game or Other Licensor's Product, or by termination of technical support therefor and further distribution by the Licensor, other right holder or any other person without giving any reason.
- 13.3. Upon termination of the Agreement for any reason whatsoever, the Parties agree that the Licensor shall not refund any money or make any other compensation, including losses of any kind, unless otherwise expressly stipulated by the Applicable Legislation.
- 13.4. In the event of termination of the Agreement for any reason whatsoever, the Licensee's Profile shall be blocked, and the license to use the Game and all its parts shall be withdrawn.
- 13.5. The Licensee may terminate the Agreement at any time by submitting a request to the Licensor to delete the Profile by removing the Game Client and all Game components downloaded to the Licensee's mobile electronic devices.
- 13.6. The Licensor may delete the Licensee's Profile on its own without the consent of the Licensee and without any prior notice if the Profile was recognised as inactive.
A Profile shall be recognised as inactive if the Licensor detects, using its systems, no activity by the Licensee in the Profile for a period of more than 6 months from the date of its last use by the Licensee.
14. Amendments to the Agreement
- 14.1. This Agreement may be amended by the Licensor unilaterally, with or without notice to the Licensee, and the new version of the Agreement shall take effect upon its posting on the Website, unless otherwise provided in the new version of the Agreement.
- 14.2. The Licensee agrees to independently monitor the updates of the Agreement in order to properly perform the terms and conditions of the Agreement and to continue the lawful use of the Game and Other Licensor's Products.
- 14.3. The Licensee may not use the Game and Other Licensor's Products if the Licensee disagrees with the changes made to the Agreement. In such event, the Licensee may terminate the Agreement unilaterally within ten (10) calendar days after publication of the amendments to the Agreement, or the new version of the Agreement, by ceasing the use and deleting the Profile and the Game Client from the Licensee's mobile electronic device.
If, within the above specified period, the Licensee has not expressed an intention to terminate this Agreement, the Licensee shall be deemed to have accepted the terms and conditions of this Agreement, as amended.
- 15.1. This Agreement shall be governed and construed in accordance with the legislation of the Russian Federation. Any issues not covered by this Agreement shall be settled in accordance with the legislation of the Russian Federation.
- 15.2. The Agreement was made in the Russian language and may be provided to the Licensee for review in the English language. In case of a discrepancy between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of the Agreement shall prevail.
- 15.3. All possible disputes arising from the relationships governed by this Agreement shall be settled by negotiation and exchange of claims. If no agreement is reached through negotiation, the dispute shall be referred to the courts of the Russian Federation in accordance with the procedure established by the effective legislation of the Russian Federation.
- 15.4. Failure to act by the Licensor in the event of a breach of the Agreement by the Licensee shall not deprive the Licensor of the right to take appropriate act to protect its interests later, nor shall it constitute a waiver by the Licensor of its rights in the event of identical or similar breaches occurring in the future.
- 15.5. If for any reasons one or more of the provisions of the Agreement are held invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions.
- 15.6. Requests, suggestions and claims of individuals and legal entities to the Licensor related to the content and functioning of the Game and Other Licensor's Products, violations of the rights and interests of third parties, requirements of the legislation of the Russian Federation, as well as requests from persons authorised by the legislation of the Russian Federation may be sent to the Licensor via the following communication channel:
(1) email: [email protected].