- Nevosoft (NEVOSOFT Co. Ltd., registered office: 194044, Russia, St.Petersburg, 38-40 (letter A) B.Sampsonievsky prospect, office 9H, postal address: 191002, Russia, St.Petersburg, 20 Rubinshteyna street, office 4) provides users with an opportunity to play games and use related services (also jointly referred to hereinafter as “Nevosoft’s Services”) on various platforms on the Internet.
- Any terms and conditions prescribed by the user are excluded.
- Games may only be played on the platforms provided, via the access made available by Nevosoft, and in accordance with the applicable rules.
Contract Closure, Term
- Any individual who is appropriate age on the effective date of the License Agreement may become a user. Minors may only conclude a License Agreement with the consent of a parent or guardian. The user must provide all the data required accurately and in full, and keep it up-to-date at all times. At any time Nevosoft is entitled to demand adequate proof of the user’s identity and age of majority or of consent from a parent or guardian, or to make using specific functions contingent upon such proof.
- A License Agreement is concluded for an indefinite period. The user may terminate the License Agreement by deleting its account or the application. Nevosoft reserves the right to terminate the License Agreement and refuse Nevosoft’s Services to any user for any reason, in its sole discretion. Nevosoft reserves the right, in its sole discretion and without liability, to reject, omit or exclude any user for any reason at any time with or without notice to the user.
- The right of both contractual partners to give extraordinary notice for important cause remains unaffected. An important cause shall be deemed the case if the user defaults in payment of any fee and still fails to pay despite being sent a reminder, or culpably commits any breach of duty that is more than merely insubstantial.
- On termination of the License Agreement the user’s account is deleted, thus disabling access to Nevosoft’s Services. The user is not entitled to have deleted data restored, even on re-registering. The user is not entitled to any refund insofar as it has already made use of the services provided by Nevosoft (e.g. coins, virtual goods).
Content & Scope of License Agreement
- Under the License Agreement, the user is authorized to put Nevosoft’s Services to personal use for a limited period in accordance with the respective terms stipulated. Nevosoft’s Services are put at the user’s disposal along with the available functions in each case; no right to have certain functions provided exists. Nevosoft is entitled at any time to alter content or functions (e.g. by way of patches, updates or modifications).
- No warranty of any specific availability is given for Nevosoft’s Services. In particular, downtimes may be caused by technical problems beyond Nevosoft’s control. Maintenance work may impair availability; insofar as is possible, it shall be carried out paying consideration to users. In addition, unannounced maintenance measures may be necessary, such as in the event of unpredictable failures (e.g. due to attacks, viruses). No warranty can be given that the software used by Nevosoft is entirely devoid of errors. The user is not entitled to demand that Nevosoft’s Services be provided or kept in a given condition. User also understands and agrees that from time to time the Nevosoft Service hereunder may be inaccessible, unavailable or inoperable for any reason User understands and agrees that Nevosoft is not responsible for the functionality of any third-party website or interface. Terms of the License Agreement are subject to Nevosoft’s Services. Failure to deliver because of technical difficulties does not represent a failure to meet the obligations of the License Agreement. Nevosoft reserves the right to discontinue offering any Nevosoft Service at any time.
- Nevosoft’s Services may be fee-paying or free of charge. Nevosoft shall always draw adequate advance attention to fee-paying services.
- By way of a fee-paying service, Nevosoft may offer certain units or virtual currencies (e.g. in the form of coins, Nevosoft cash or points) under a License Agreement or for individual games, which may be used accordingly depending on the agreed terms and the game’s setup. These units or virtual currencies constitute an element of the game and are thus of no monetary value. In particular, alterations to Nevosoft’s Services may result in changes in how they may be used. Trading or exchanging the units or virtual currencies into real money is excluded.
- Under a License Agreement or for individual games, Nevosoft may also offer individual functions, add-ons, short cuts or virtual goods as a fee-paying service. Some of these paid features may also be used in exchange for units or virtual currency (see 3.4 above); changing them back again is excluded in each case. The user may use a fee-paying feature in accordance with the terms agreed in each case. For the avoidance of doubt, the user is granted a non-exclusive right to use the respective function for a limited period. The limited period is either apparent from the nature of the respective feature, or otherwise ends on termination of the License Agreement.
- Units pursuant to Item 3.4 or features pursuant to Item 3.5 are not transferable and may not be otherwise used elsewhere, unless this is permitted under the rules of the game. Transferral in exchange for financial advantages is inadmissible at all times.
- Whenever units pursuant to Item 3.4 or features pursuant to Item 3.5 are provided by Nevosoft free of charge, the user may not derive any rights whatsoever there from. Nevosoft may therefore demand back or erase the units or features concerned at any time.
- The user is only granted the right to use Nevosoft’s Services personally. Nevosoft retains all proprietary and other rights (including intellectual property rights) in Nevosoft’s Services. The user is not entitled to extend its scope of usage, to assign its license, License Agreement and account, to grant sub-licenses and/or to alter, pass on or sell Nevosoft’s Services or otherwise make them accessible to third parties.
- The user is under obligation when using Nevosoft’s Services to comply with License Agreement and Nevosofts’ requirements. Any instructions and notes issued by Nevosoft are to be heeded by the user as amended at the time. The user is to report to Nevosoft immediately if it gains knowledge of any breach of duty by another user or of any violation of Nevosoft’s requirements. If the user commits any breach of duty, Nevosoft may take appropriate measures (e.g. issue a warning, block or erase content, disable the user’s access, or give notice pursuant to Item 2 above).
- The user is liable without restriction for its own conduct and its own account and for any conduct under its own account. Any actions committed under user’s account are considered to committed by the user. This applies in particular to any contributions posted and any content used under user’s account (e.g. photos); if in doubt, the user is bound to verify beforehand that they do not violate statutory regulations, or breach public policy or infringe third-party rights (e.g. copyright, data protection rights) anywhere in the world. Nevosoft is under no obligation to also check their accuracy or verify their legality. As a matter of principle, Nevosoft does not adopt as its own any information posted by users or third parties.
- On posting content with Nevosoft, the user assigns to Nevosoft in perpetuity all the required rights without any restrictions in terms of territory. Depending on the content, this may include Nevosoft’s authority to store, adapt or modify the content and make it perceptible to the public. The user shall only be entitled to demand subsequent erasure of the content it has posted on Nevosoft if there are important reasons for doing so.
- The user releases and discharges Nevosoft from all and any claims that are asserted on Nevosoft by third parties due to any breach of duty or infringement of rights that is committed by the user, unless the user is not responsible for such breach or infringement. Reasonable costs for defending and asserting rights must also be refunded.
- Access data and account data must be kept secret by user; this does not include disclosure to statutory representatives.
- Creating or using hacks, cheats or other tools that alter Nevosoft’s Services or affect the gaming experience is not permitted. Similarly, the user is prohibited from any manner of cheating, exploiting errors or bugs, and using exploits.
- The user may not disrupt the gaming procedure at Nevosoft, or employ any mechanisms or use any software or take any measures that might disrupt or damage the functioning of Nevosoft’s Services or render it less efficient.
- Exchanging, offering or selling elements of Nevosoft’s Services (e.g. units, virtual currency, coins, Nevosoft cash, points, virtual goods) outside Nevosoft’s Services is not permitted.
- Spying out Nevosoft, its platforms or other users (e.g. by employing tools, emulating protocols, or tunnelling) and illegally collecting data during use of Nevosoft’s Services are prohibited.
- The user many not alter or modify Nevosoft’s Services beyond their designated usage.
- Using, copying and passing on Nevosoft’s Services is expressly prohibited, unless Nevosoft has expressly granted permission. Mention of Nevosoft‘s name and its trademarks may not be removed or altered. The user is not allowed to circumvent technical measures for protecting Nevosoft’s Services or to decompile or disassemble Nevosoft’s Services with the aid of software, IT systems or in any other manner.
- The user may not use Nevosoft’s Services for any commercial purpose.
- The user may not post or use any content on the platform (e.g. user name, texts, pictures, photos, videos) that breaches statutory regulations or infringes third-party rights.
- The following are all prohibited:
- Insults, libel and slander in relation to other users, Nevosoft’s employees and third parties; fraudulent content; inciting illicit behaviour; threats, coercion and personal attacks; provocative and aggressive utterances.
- Unethical, obscene, indecent and pornographic content (e.g. pictures and descriptions of violence or injuries; nude pictures or drawings; texts relating to sex or lewd objects or behaviour); deprecating or discriminating comments; content glorifying violence; and content apt to encourage or glorify hatred, violence or discrimination.
- Curses and swear words; harassing Nevosoft, other users or third parties, e.g. with junk mail, spam or chain letters; all manner of advertising; publishing identities, personal or confidential data as well as individual communications without the permission of the person(s) concerned. • The user may not provide, describe, apply, circulate, support, link or specify the source of any malware (e.g. computer viruses, Internet worms, Trojan horses, hoaxes, dialers).
- Insofar as a fee is charged for the provision of Nevosoft’s Services, the payment in each case is indicated in the game and agreed by and between the contracting parties. The prices given include all the taxes. In addition, Nevosoft is entitled to alter pricelists or future prices for Nevosoft’s Services at any time.
- For all Nevosoft’s Services for which a fee is charged, all the means of payment approved in each case are accepted. Nevosoft is entitled to change the means of payment at any time. On effecting payment, the user is under obligation to provide correct details. Nevosoft is not obligated to verify the details provided by the user; Nevosoft’s Privicy Policy specifies its use of personal data.
- The user must refund to Nevosoft all and any costs and expenditures that are incurred on Nevosoft for collecting payments (e.g. bank charges, service fees).
- Payment for the respective period of use is due and payable in advance.
Limitation of Warranties and Liability
- Disclaimer of Warranties: ALL SERVICES PROVIDED BY NEVOSOFT ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEVOSOFT MAKES NO WARRANTIES, GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. NEVOSOFT IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL.
- Limitation of Liability: UNDER NO CIRCUMSTANCES SHALL NEVOSOFT BE LIABLE TO USER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF NEVOSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY ASPECT OF THE ADVERTISING RELATIONSHIP PROVIDED HEREIN. IN NO EVENT SHALL NEVOSOFT'S TOTAL OBLIGATIONS OR LIABILITY HEREUNDER EXCEED ANY PAYMENT ALREADY MADE BY THE USER. REGARDLESS OF ANY LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST NEVOSOFT MORE THAN ONE (1) YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.
- Consideration: USER ACKNOWLEDGES THAT NEVOSOFT HAS AGREED TO PRICING IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THESE CONSIDERATIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. PUBLISHER AGREES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
- For Nevosoft’s Services that are free of charge, Nevosoft’s liability for simple negligence is excluded.
Final Provisions, Amendments, Governing Law
- Claims and partial claims vis-à-vis Nevosoft may not be assigned to third parties. Nevosoft remains entitled to assign its rights vis-à-vis the user, in particular for collection purposes.
- Each party represents and warrants to the other that (i) it has the full right, power, legal capacity, and authority to enter into, deliver and fully perform under the License Agreement; (ii) neither the execution, delivery, nor performance of the License Agreement will result in a violation or breach of any contract, agreement, order, judgment, decree, rule, regulation or law to which such party is bound; and (iii) such party acknowledges that the other party makes no representations, warranties, or agreements related to the subject matter hereof that are not expressly provided for in the License Agreement.
- Legal relations between the contracting parties shall be governed by Russian law. Any dispute, controversy or claim which may arise out of or in connection with the present agreement, or the execution, breach, termination or invalidity thereof, shall be settled by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation in accordance with its Rules.