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:
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.