- TERMS OF SERVICE (“TOS”)
- Effective Date: February 21, 2019
- The terms of this agreement ("TOS") apply to you and GameOn Production Co. ltd.,
a company with its address at 114 suite, 21 Musa Jalil Street, Novosibirsk, 630055 Russian Federation,
("Company" or "Us" or "We"), regarding your use of Company’s games, websites and
related services (the "Service"), including all information, text,
graphics, software, and services, available for your use. Use of the
Services is also governed by Company’s Privacy Policy available at http://www.gameonproduction.com/PP.html, which is incorporated by reference.
- By using the services, downloading any software, or browsing the
website, as well as by downloading any of Company’s mobile games from
app stores, you accept the following TOS. If you do NOT agree to all
these TOS, please do NOT use/or download any of our Service.
- If you accept these TOS, you represent that you are age 13 or
older. If you are between the ages of 13 and 17 or otherwise do not
have the authority to enter into agreements such as these TOS, you
represent that your legal guardian, or a holder of parental
responsibility, has reviewed and agreed to these TOS.
- If you access the Services from a social networking site, such as
Facebook, you agree to comply with its terms of service as well as
these TOS.
- Company is authorized to amend the TOS at any time, with the
amended TOS effective as soon as they are posted. Please check the most
current TOS to ensure that you are aware of all the terms and
conditions regulating your use of Company’s Service.
- Company reserves the right to make changes to or update the
content of its games and related services or the format thereof at any
time and without any notice. Company reserves the right to terminate or
restrict access to the Service for any reason whatsoever at its sole
discretion.
- Rights to use the Services
- Subject to these TOS, Company hereby grants you a non-exclusive,
non-transferable, non-sublicensable, limited right and license to use
the Services for your personal, non-commercial use. The rights granted
to you are subject to your compliance with these TOS.
- Except as previously set forth, you do not receive any other
license. Company retains all right, title and interest in and to the
Services, including, but not limited to, all copyrights, trademarks,
trade secrets, trade names, proprietary rights, patents, titles,
computer codes, audiovisual effects, themes, characters, character
names, stories, dialog, settings, artwork, sound effects, musical
works, gameplay recordings made using the Services, moral rights,
whether registered or not and all applications thereof. Unless
expressly authorized by law, the Services may not be copied, reproduced
or distributed in any manner or medium, in whole or in part, without
Company’s prior written consent. Company reserves all rights not
expressly granted to you herein.
- The Services and its contents are licensed, not sold.
You agree that you have no right or title in or to any content that
appears in the Service, including, but not limited to, the Virtual
Currency and Virtual Items or currency appearing in or originating from
the Services, whether earned in the Services or purchased from Company
or third parties.
- Purchases in the Services
- Company’s mobile and social games include virtual in-game
currency (“Virtual Currency”), that can be purchased for real money and
in turn used to purchase virtual in-game items (“Virtual Items”).
Please note that Company does not handle and is not responsible for
handling transactions acquiring Virtual Currency. All Virtual Currency
transactions are handled by third-party e-commerce payment providers.
By purchasing in-game Virtual Currency, you are bound by and agree to
the third-party payment providers’ Terms of Service.
- In addition to all third-party obligations, the following shall
apply. In no way can Virtual Currency or Virtual Items be exchanged
with us or anyone else for real money, goods, other items, or services
of monetary value. Transferring Virtual Currency or Virtual Items
outside the Games is strictly prohibited, meaning that you may not buy
or sell Virtual Currency or Virtual Items for real money or otherwise
exchange Virtual Currency or Virtual Items for items of value outside
the Games.
- You also agree that all prices and sales of Virtual Currency and
Virtual Items are final. Neither third-party payment providers nor
Company issue refunds for completed transactions except as provided in
this TOS. Please note that you only purchase a limited, revocable,
non-transferable license to use in-game Virtual Currency or Virtual
Items, and you agree that you do not own them.
- In the event your account is limited, terminated, suspended,
modified, or deleted for any reason, at Company’s sole and absolute
discretion, or if Company discontinues its Games, or if you ask for
your personal data to be deleted as described in Company’s Privacy
Policy you forfeit any and all Virtual Currency and Virtual Items
earned or purchased. Company has the absolute right to manage,
regulate, control, modify, and/or eliminate Virtual Currency and/or
Virtual Items as it sees fit and at its sole discretion, and Company is
under no obligation to compensate you or anyone else for any resulting
losses.
User Conduct
- You agree that you will not, under any circumstances:
- Use, either directly or indirectly, any cheats, exploits,
automation software, bots, hacks, mods or any unauthorized third-party
software designed to modify or interfere with the Services.
- Use the Services in violation of any applicable law or regulation.
- Use the Services for commercial purposes, including, but not
limited to, to advertising, or solicitation, or transmission of any
commercial advertisements such as spam emails, chain letters, pyramid
or other get-rich-quick schemes.
- Use the Services for fraudulent or abusive purposes including,
but not limited to, using the Services to impersonate any person or
entity, or otherwise misrepresent your affiliation with a person,
entity or the Services;
- Disrupt, interfere with or otherwise adversely affect the normal
flow of the Services or otherwise act in a manner that may negatively
affect other users' experience when using the Services.
- Disrupt, overburden, or aid or assist in the disruption or
overburdening of any computer or servers used to offer or support the
Services.
- Attempt to gain unauthorized access to the Services, to accounts
registered to others or to the computers, servers, or networks
connected to the Services by any means other than the user interface
provided by Company, including, but not limited to, by circumventing or
modifying, attempting to circumvent or modify, or encouraging or
assisting any other person to circumvent or modify, any security,
technology, device, encryption, or software that is part of the
Services.
- Post any information, content or other material (or post links to
any information or content) that contains nudity, excessive violence or
is abusive, threatening, obscene, defamatory, libellous, or racially,
sexually, religiously offensive or otherwise objectionable.
- Engage in ongoing toxic behaviour, such as repeatedly posting information on an unsolicited basis.
- Attempt to, or harass, abuse, or harm, or advocate or incite
harassment, abuse, or harm of another person, group, including
Company’s employees, directors, officers, and customer service
representatives.
- Make available through the Services any material or information
that infringes any copyright, trademark, patent, trade secret, right of
privacy, right of publicity, or other right of any person or entity, or
which impersonates any other person, including, but not limited to, a
Company’s employee, director or officer.
- Unless specifically authorized by law, attempt to decompile,
reverse engineer, disassemble or hack any of the Services, or to defeat
or overcome any of the encryption technologies or security measures or
data transmitted, processed or stored by Company, or to obtain any
information from the Services using any method not expressly permitted
by Company.
- Solicit or attempt to solicit login information or any other
login credentials or personal information from other users of the
Services.
- Harvest, scrape or collect any information about or regarding
other people that use the Services, including, but not limited to,
through use of pixel tags, cookies, GIFs or similar items that are
sometimes also referred to as spyware.
- Post anyone's private information, including personally
identifiable information/personal data (whether in text, image or video
form), identification documents, or financial information through the
Services.
- Engage in any act that Company deems to conflict with the spirit
or intent of the Services or make improper use of Company´s support
services.
Content
- “Content” refers to all software (including without limitation
all games, titles, and computer code), communications (including
without limitation all stories, dialogues, concepts, documentation, and
character profile information), images, sounds, audio-visual effects,
accounts, Virtual Currency and Virtual Items, and material produced by
Company and/or received or made available while using the Service or
developed during the course of the Service. Content also includes all
feedback, comments, or suggestions that Company receives from you
regarding the Service. Unless otherwise expressly stated in writing,
you understand and agree that all Content is owned, controlled, and/or
licensed by GameOn Production Co. ltd. Company reserves the right to use all Content
for any purpose, including without limitation all commercial and/or
promotional use, without restriction by or compensating you. All
Content is copyrighted under the copyright laws of Russian Federation and/or
similar laws of other jurisdictions, protecting it from unauthorized
use. You are not permitted to copy, redistribute, publish, create any
derivative work from, or otherwise exploit our Content or any part of
our Content in violation of Company’s and/or any other third party’s
intellectual property rights. GameOn Production Co. ltd, its logos, Game titles, and
all related characters and elements are trademarks of Company and may
not be used without its prior written consent.
- If you are deemed to have retained any right to, title of, or
interest in our Content or any part of our Content, you agree to and
hereby assign solely and exclusively to Company all of your rights to,
titles of, and interests in such Content or any part of such Content
without additional consideration and in perpetuity under all applicable
laws.
- If, for any reason, such assignment is ineffective under
applicable law, you hereby grant Company the sole, exclusive,
irrevocable, sublicensable, transferable, worldwide, royalty-free
license to reproduce, modify, create any derivative work from, publish,
distribute, sell, transfer, transmit, publicly display, use, and
practice such Content or any part of such Content, and to incorporate
the same in other works in any form, media, or technology now known or
later developed. To the extent permitted by applicable laws, you hereby
agree to waive all moral rights or rights of publicity or privacy you
may have to such Content.
- At our discretion, Company representatives or technology may
monitor certain Content in the Games, though it cannot and makes no
undertaking to monitor all Content. We may edit, refuse to post, or
remove any Content posted in the Games or in any Games-related sources
that is deemed objectionable or violates these TOS or the spirit of
these TOS at our sole discretion and determination. If you encounter
something you find objectionable and in violation of these TOS, you can
bring it to our attention by contacting us. You understand and agree
that we are not responsible or liable for any Content generated by
users of the Services. This implies that users, not us, are entirely
responsible for the completeness, accuracy, and/or usefulness of all
the Content they upload, communicate, transmit, and/or otherwise make
available via our Services and related services.
- You acknowledge and agree that Company may use built-in tracking
features to obtain information regarding your use of the Services in
order to improve the services we provide and agree that such
information is deemed to be Content for all intents and purposes under
these TOS.
- Third-Party Services
- Services may include links to third-party services (including,
but not limited to, advertisements displayed by third parties) and/or
the third-party services may be made available to you via Services.
These services may include, but are not limited to gameplay recording
and sharing, social media connectivity and advertisements. These
services are subject to respective third party terms and conditions.
Please read these third-party terms and conditions, carefully as they
constitute an agreement between you and the relevant third-party
service provider to which Company is not a party.
Warranties and Disclaimers
- ALL INFORMATION, SOFTWARE, AND SERVICES ARE PROVIDED "AS IS."
COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- COMPANY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE
CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS
INFORMATION, SOFTWARE, OR SERVICES. COMPANY MAKES NO WARRANTY,
REPRESENTATION, OR GUARANTY THAT THE INFORMATION, PRODUCTS, OR SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE
CORRECTED.
- COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO.
- DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL
DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS
FROM SUCH ACTIVITIES.
Limitations of Liability
- IN NO CASE SHALL COMPANY BE HELD LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR
REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS
INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF COMPANY INFORMATION) REGARDLESS OF WHETHER COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- In no way will Company´s total
aggregate liability arising out of or in connection with these TOS, the
Privacy Policy or the Services exceed the higher of: (i) the actual
price (if any) you paid for the license to use Virtual Currency or
Virtual Items; or (ii) one hundred euros (€100). The exclusions and
limitations of damages are fundamental elements of the basis of the
agreement between Company and you.
- Some jurisdictions do not allow certain limitations of liability
such as these stated above; thus, the above terms may not apply to you.
Instead, in such jurisdictions, the foregoing limitations of liability
shall apply only to the extent permitted by the laws of such
jurisdictions. Moreover, you may have additional legal rights in your
jurisdiction, and nothing in these TOS will infringe upon any statutory
rights you may have as a consumer of the Services.
- You agree to indemnify, defend and hold Company (and Company´s
officers, directors, agents, subsidiaries, joint ventures and
employees) harmless from any claim, demand, damages or other losses,
including reasonable attorneys' fees, asserted by any third-party
resulting from or arising out of your use of the Services, or any
breach by you of these TOS; however, the foregoing does not apply if
the third-party claim is not attributable to your intentional or
negligent behaviour.
- Termination
- We reserve the right to take actions, which may include
terminating your account and prohibiting you from using the Service in
whole or in part at any time, if we reasonably believe that you have
violated or breached any of these TOS. Company reserves the right to
take any of the following actions, whether individually or in
combination, and either with or without notice to you: (i) delete,
suspend and/or modify your account or parts of your account; (ii)
limit, suspend and/or terminate your access to the Services; (iii)
modify and/or remove any of your Virtual Currency or Virtual Items;
(iv) reset and/or modify any game progression or benefits and
privileges associated with you, such as any level or score you have
reached in the Services. As stated above, Company and third-party
e-commerce payment providers will not issue any refund to you for
Virtual Currency or Virtual Items acquired, developed during, or
purchased in the Games.
- Applicable Law
- These TOS and all disputes relating to them shall be governed by and construed in accordance with the laws of Russian Federation.
- Assignment, Severability and Entire Agreement
- Company may assign these TOS, in whole or in part, to any person
or entity at any time with or without your consent. You may not assign
or delegate any rights or obligations under these TOS or the Privacy
Policy without Company’s prior written consent, and any unauthorized
assignment and delegation by you is void.
- You and Company agree that if any part of these terms is or
becomes, in whole or in part, invalid or unenforceable under any
applicable local laws or court, it is to be deemed severed from these
terms to the extent of its invalidity or unenforceability, and the rest
of the terms shall remain in full force and effect.
- This TOS and Privacy Policy set out the entire agreement between
you and Company regarding the Services and supersede all earlier
agreements and understandings between you and Company.
- Any failure by Company to exercise or enforce any of its rights
under these TOS does not waive its right to enforce such right. Any
waiver of such rights shall only be effective if it is in writing and
signed by an authorized representative of Company.
- YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICES
ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
- If you have any questions or comments, please contact us at admin@gameonproduction.com.