Date of publication on the website: February 1, 2019
With the present License Agreement (hereinafter - Agreement), Digital Universe (hereinafter -Licensor) grants a Non-exclusive license to an indefinite number of legally capable adult individuals.
Under Article 438 of the Civil Code of the Russian Federation, User’s Registration on the Website or his/her actual use of the Website (Game) shall constitute User’s unconditional acceptance of this Agreement.
Upon such acceptance, it shall be deemed that the User has reviewed and accepted the present Agreement (Annexes thereto) and entered into contractual relations with the Licensor.
Present Agreement shall not require bilateral signing and shall be deemed valid in the electronic form.
a) Account is a User’s account set up as part of the Registration process and containing data about the User and used IPs.
b) Additional functionality means software codes executed on the computer as part of the Game and performing specific additional Game functions or providing the User with additional functionality within the Game. A list of items that make up the Additional functionality of the Game and the cost of License for such Additional Functionality are available to the User within the Game.
c) Legislation means current legislation of the Russian Federation.
d) Game is a multi-user “ExoTanks MOBA” online game, which is computer software. The Game, which includes a Client and Server sides, as well as all exclusive rights to the Game (Additional functionality) and individual items, all belong to the Licensor. Transfer of exclusive rights is not a subject matter of this Agreement.
e) Credentials mean information designed to identify the User in the process of using the Website and the Game. The identification name (hereinafter - Login) and password serve as Credentials. Actions performed using Credentials are deemed to be performed by the User.
f) Client-side of the Game means a computer program to be installed on the User’s devices and designed for interaction with a server-side of the Game installed on Licensor’s dedicated servers. The User cannot install the Client-side of the Game without the Registration.
g) License fee is a payment charged from the User by the Licensor for Non-exclusive License for Additional functionality. The amount of License fee shall be established based on Rates.
h) Dashboard is a set of secure Website pages created during User Registration and used for interaction between the Parties. The Dashboard is accessed by entering Credentials on the Website.
i) Non-exclusive license (License) means a non-exclusive right to use the Website, Game, Additional functionality in the manner and ways specified in the present Agreement.
j) User is a legally capable individual who has reached the age of 18 and accepted the present Agreement.
k) Game Rules mean an Annex hereto establishing rules of User participation (behavior) during the Game process.
l) Early access to the Game is a License to use Game before it is available to the general public. The License to early access is provided on a paid-for basis.
m) Registration form is an electronic form that the User has to complete to register on the Website.
n) Registration means completion by the User of the Registration form by specifying the required data and selecting Credentials.
o) Website is a website hosted on the Internet at https://www.exotanks.com.
p) Rates mean the Licensor's price list establishing the amount of License fee for Additional functionality and/or Early access. Rates are available to the User on the Website as well as when reviewing Additional functionality during the Game.
q) Chat is a software, which is part of the Game and is intended for User communication during the Game (including for exchanging text and voice messages), as well for contacting Licensor’s representatives.
r) Device is a portable mobile device or computer with access to the Internet.
1. GENERAL TERMS
1.1. Licensor grants a Non-exclusive license to the User, and the User undertakes to pay the License fee and use the License in accordance with any restrictions established by the present Agreement.
1.2. The Non-exclusive license for the Game shall be granted from the moment when Registration is completed. Non-exclusive license for Additional functionality shall be granted from the moment the License fee is actually received by the Licensor. Non-exclusive license for Early access to the Game shall be granted from the moment the respective Rate is paid.
1.3. Unless otherwise provided for by the Agreement, the License shall be granted (a) for a term of present Agreement, (b) within the territory of all countries of the world.
1.4. The Licensor is entitled to unilaterally modify present Agreement and annexes hereto without prior approval from the User. Changes shall take force on the calendar day following the day of publication on the Website.
Users have to monitor changes in the Agreement and annexes thereto. Users are solely responsible for any consequences related to their failure to review the Agreement and annexes thereto.
1.5. Present Agreement shall be published on the Website and consists of the following:
a) Text of the present Agreement. The current version of the Agreement is always available on the website at https://www.exotanks.com/en/legal/license.php.
b) Game Rules located at https://www.exotanks.com/en/legal/license.php.
1.6. If the User does not agree to the present Agreement (its updates), such User shall stop using the Website (Game).
1.7. Licensor’s activities shall be limited to granting the Non-exclusive license to the User. The Licensor shall neither organize a gameplay nor provide any other services to the User.
1.8. The Game is not a gambling game, cash game, contests, or bet.
2. REGISTRATION. ACCOUNT.
2.1. Registration process
2.1.1. The User is required to complete the Registration procedure, which results in Account creation. Registration on the Website is free and voluntary.
2.1.2. Registration is completed by filling out of the Registration form, including specifying the following:
b) nickname (User name displayed within the Game);
c) tax residence (primary location);
2.1.3. By registering, the User undertakes to (a) provide accurate, complete, and relevant information about him/herself, (b) keep this information updated.
2.1.4. If the Licensor learns or has grounds to believe that data provided by the User are incorrect, he is entitled to suspend or permanently delete User’s Account.
2.1.5. At any time, the Licensor is entitled to demand from the User confirmation of the data specified during Registration, as well as other data required under the Legislation, and thus require to provide supporting documents (in particular, identity documents). The User is obliged to provide specified data without delay but no later than 1 (one) business day after receiving Licensor’s request.
2.1.6. The Registration shall be deemed completed when the Registration form is sent to the Licensor using the Website functionality.
2.2.1. Credentials selected by the User shall constitute required and sufficient information for User’s access to the Game. The User is forbidden from transferring Credentials to third parties and bears full responsibility for their safety when choosing the storage option. On his/her hardware and software system, the User may allow Credential storage (using cookies) for subsequent automatic authorization in the Game.
2.2.2. Unless the User proves the contrary, any actions taken using Credentials shall be deemed to be performed by the respective User. The User is obliged to immediately notify the Licensor in case of unauthorized access to Credentials and/or User’s personal page or Credentials disclosure.
2.3. Blocking. The Licensor is entitled to block:
a) User’s Account;
b) User’s IPs;
Blocking is applied when:
2.3.1. The User violates the Legislation.
2.3.2. The User violates the present Agreement, annexes thereto, including Game Rules.
2.3.3. Complaints appear from other users.
2.4. The Licensor is not required to inform the User of blocking reasons and/or prove the existence of grounds for such blocking.
3. GAME USAGE. NON-EXCLUSIVE LICENSE
3.1. Under the present Agreement, the Licensor grants the User with Non-exclusive license to use the Game for personal and other non-commercial purposes in the following ways:
3.1.1. Reproduction of a single copy of the Client-side of the Game.
3.1.2. Launching the Client-side copy of the Game on the User’s device.
3.1.3. Using the Client-side of the Game by interacting with the server-side of the Game.
3.1.4. Purchasing paid Non-exclusive license for Additional functionality and using the same during the Game.
3.2. Installation of the Client-side of the Game on the User’s device shall constitute a prerequisite for Game usage. During installation, the User shall verify device compatibility with the Client-side of the Game.
3.3. The User acquires Non-exclusive license for Additional functionality on a voluntary basis and at his/her own discretion. The User is aware that Additional functionality becomes available as he/she progresses through the game.
3.4. The Website is accessible around the clock (except when technical works are being carried out). The Licensor shall not bear responsibility if access to the Website (Game) is limited due to User’s lack of access to the Internet and reasons beyond Licensor’s control.
3.5. The Parties agreed that as part of this Agreement, the Licensor shall not execute an Act of Non-exclusive license provision (including, for Additional functionality).
3.6. The Parties agreed that the time when the obligation to grant the Non-exclusive license shall be considered the time specified in paragraph 1.2.
3.6.1. If the User does not bring a claim within 24 (twenty-four) hours from the moment specified in paragraph 1.2, Licensor's obligations to grant Non-exclusive license shall be deemed fulfilled in full. Claims shall contain a description of attachments and be filed in writing by registered mail to Licensor’s address specified in present Agreement.
3.7. In the case if the User obtains the Licensor's approval to copy (reproduce), reproduce, distribute, display, publish, transmit and otherwise use whole or in parts of the Game, the User gives the Licensor a non-refundable non-exclusive license for all created content. The Licensor may publish such content without any limitations, at any time, worldwide without any notification to the User and without reference to the User.
3.7.1. The Licensor may revoke the granted approval to copy (reproduce), reproduce, distribute, display, publish, transmit and otherwise use all or part of the Game at any time by notifying the Licensee of this decision 48 hours in advance.
3.8. License restrictions. The User has no right to:
3.8.1. Distribute, either for commercial or non-commercial purposes, the Client-side of the Game or its copies both by disseminating tangible media with it and publishing it on the Internet for download.
3.8.2. Translate the Game into other languages.
3.8.3. Distribute in-game items (including visual images, audio) for commercial purposes outside the Game.
3.8.4. Grant paid Non-exclusive license for Additional functionality to third parties.
3.8.5. Copy (reproduce), process, distribute, display, publish, transfer and otherwise use the Game and Additional Functionality in whole or in part without prior permission from the Licensor, except for cases when the Licensor expressly consented to the free use and publication of the Game (Additional functionality).
3.9. Prohibition to publish information. When using the Game, it is forbidden to use (post) materials, information, and messages containing:
3.9.1. Obscene or abusive words or phrases, pornographic images and texts or sexual scenes involving minors;
3.9.2. Threats, calls to violence and illegal actions, violation of the legislation;
3.9.3. Elements of violence, cruelty, racial, interethnic, or inter-religious hatred, as well as links to such materials;
3.9.4. Nazi symbols and attributes;
3.9.5. The propaganda of criminal activity, guidelines for committing illegal actions;
3.9.6. Material containing threats, discrediting, offending, and defaming the honor and dignity or good standing, or violating the privacy of other Users or any third parties;
3.10. During the Game, the User must follow Game Rules and treat other users (players) respectfully.
3.11. The User is aware that in the event when Non-exclusive license for Additional functionality is granted to the User by mistake (including as a result of technical failure), the Licensor shall have the right to terminate such License.
3.12. The Licensor shall be entitled to release a Game (Additional functionality, Website) update at any time. Therewith, the Licensor shall not refund any money previously paid by the User.
4. SETTLEMENTS. LICENSE FEE
4.1. Unless otherwise expressly established by this Agreement (annexes thereto), a Non-exclusive license is gratuitous.
4.2. The License fee for Additional functionality and Early access shall be established based on Rates. The Licensor may change the Rates at his own discretion.
4.3. The License fee shall be paid using payment options available on the website and on the terms of 100% (one hundred percent) advance payment. The date when money is credited to the Licensor’s account shall be considered the moment of User’s obligation fulfillment. The time of money transfer does not depend on the Licensor.
4.4. The User shall pay any commission (interest) charged by crediting organizations (payment systems).
4.5. The License fee shall not be subject to VAT.
4.6. The License fee shall not be subject to refund after the Licensor fulfills his obligations to grant a Non-exclusive license under paragraph 1.2 of present Agreement.
4.7. It is forbidden to pay the License fee from third party accounts without preliminary written consent from the Licensor.
4.8. If the Licensor has any doubts regarding lawfulness (legitimacy) of payment, the Licensor shall be entitled to request the User to provide supporting documents and suspend the License until such documents are received.
5. PRIVACY. PERSONAL DATA
5.1. By the fact of Registration, the User consents to Licensor's use of his/her personal data specified in the Registration form and the Dashboard, as well as to the collection of data about User Devices, software and any other information, which the Licensor may become aware of in the course of Website (Game) usage.
5.2. The Licensor uses User’s data as follows:
a) Collects, stores, processes, and uses Users’ personal data;
b) In cases expressly stipulated by the Legislation, transfers Users’ personal data to third parties and partners and(or) contractors for purposes of fulfilling present Agreement, mail outs;
c) Ensures privacy of information received from Users in accordance with the requirements of the legislation of the Russian Federation;
d) Sends promotional messages (information) and other materials to User email or cell phone specified during Registration or in the Dashboard.
5.3. The User guarantees that the data he/she specifies does not refer to third parties.
5.4. The consent to data processing shall be granted for an indefinite term.
6.1. Shared liability:
6.1.1. Parties shall be responsible for performance and non-performance of obligations under the Agreement and Legislation.
6.1.2. The Parties shall attempt to resolve disputes arising from this Agreement. A minimum term of pre-trial resolution of the dispute constitutes 60 (sixty) calendar days.
In case of disagreement, Parties’ disputes shall be escalated to the judicial authority at the Licensor’s location. On all matters not regulated by the present Agreement, the Parties shall be governed by the Legislation.
6.1.3. The User represents and warrants that:
a) all information provided is complete, accurate, and relevant at the given moment;
b) the User has all required rights to provide such data and hereby grants required rights to (depending on the circumstances) use, host, display in the cache, forward, store, copy, change, distribute, reformat, reproduce, publish, demonstrate, transfer, and disseminate (Use).
6.1.4. The User bears personal responsibility for any information he/she publishes on the Website, tells other Users, as well as for any interactions with other Users, which he/she carries out at his/her own risk.
6.2. Force majeure
6.2.1. The Parties shall not be liable for failure to fulfill their obligations resulting from insuperable force or events that the Party that had failed to fulfill the obligation could neither foresee nor prevent using rational methods (force majeure).
The Parties consider the following events to be a force majeure:
a) natural disasters, fires, earthquakes, and floods;
b) wars and military operations;
c) strikes, blockades, embargoes, import or export prohibition or restriction;
d) political unrest and riots;
e) failures in telecommunication and energy networks, the effect of malware;
e) unscrupulous practices of third parties;
g) other circumstances beyond the reasonable control of the Party.
6.2.2. Force majeure is confirmed by decisions (statements) of authorized bodies, data from a hosting provider or another commercial organization that can confirm failures or effect of malware.
6.2.3. A party that cannot fulfill its obligations under the Agreement due to force majeure, must notify the other Party as soon as possible.
6.3. The Game and the Website are provided to the User “as is” under the principle generally accepted in the international practice. This means that the Licensor shall not be liable for any issues arising during installation, update, support, and usage of the Website and Game (including any compatibility issues with other software products (packages, drivers, etc.), inconsistencies between the usage results and User expectations, etc.). The User must understand that he/she is fully liable for any possible adverse effects caused by Website or Game incompatibility or conflicts with other software products installed on the User’s computer or any other device.
6.4. The Licensor shall not bear any responsibility for the inability to use the Game, Website due to reasons, which are not dependent on the User or third parties.
6.5. The Licensor shall make every possible effort to ensure normal functioning of the Game and Website, but shall not be liable for failure to perform or improper performance of the obligations under present Agreement, and any direct or indirect losses incurred by the User, including lost profit and damage if any, in particular arising due to the following:
6.5.1. Wrongful acts of Internet Users aimed at violating information security or normal functioning of the Website and Game;
6.5.2. No Internet connection (failure to establish a connection, disconnection, etc.) between the User’s and Licensor’s servers;
6.5.3. Special investigative activities carried out by public and municipal authorities, as well as other organizations.
6.5.4. Establishment of public regulation (or regulation by any other organizations) over economic activities of commercial organizations on the Internet and/or imposition by such entities of one-time restrictions that make it difficult or impossible to fulfill the Agreement;
6.5.5. Any other cases related to actions (lack of actions) on the part of Internet Users and/or other entities aimed at worsening the overall situation using the Internet and/or computer equipment that existed at the time of present Agreement conclusion.
6.6. The Licensor retains the right to suspend the Website and Game functioning during maintenance.
6.7. When using the Website and Game, the User undertakes to refrain from violating the Legislation, third-party interests. The Licensor shall not be liable for User’s actions committed using the Game or Website.
6.8. The User shall be solely liable for safeguarding his/her Credentials and any damage that may be incurred due to their unauthorized use.
6.9. The Licensor shall not be liable for damage that may be caused to User’s health while using the Game due to peculiarities of User’s health.
6.10. The Licensor shall not bear the responsibility if the legislation in the User’s country of residence forbids the Game usage.
6.11. Licensor’s liability is always limited to 1 (one) ruble.
7. FINAL PROVISIONS
7.1. The relations between the User and the Licensor shall be regulated by the Legislation.
7.2. Notifications (claims), unless the Agreement expressly stipulates otherwise, may be filed by one Party to another:
a) to the User’s email specified during Registration, and the Licensor’s email;
б) via the Dashboard.
7.3. This Agreement is concluded for an indefinite time and may be terminated.
7.4. Present Agreement may be terminated:
7.4.1. By the User, if he/she deletes his/her account from the Dashboard.
7.4.2. By the Licensor acting unilaterally and out of court (including in the event when the User violates the Legislation or the present Agreement). The Licensor shall not be liable for any damage incurred by the User as a result of such termination, and shall not refund previously paid money.
7.5. In case of Agreement termination, the User’s Account shall be deleted.
“ExoTanks MOBA” Game Rules
Date of publication: February 1, 2019
Present Game Rules (hereinafter - Rules) constitute an integral part of the License Agreement.
а) Flood means multiple repetitions of information, which complicate user actions.
b) Spam means promotional mail outs or ads related or unrelated to the gameplay.
c) Bot means automated access to the Game (“bots”), i.e. any code and/or software, which was not directly authorized by the Licensor and making it possible to manage the Game and/or any component or function of the Game.
1. GENERAL TERMS
1.1. Each User who accepted License agreement terms must follow these Rules, as well as rules of the License agreement.
1.2. The Rules use terms specified in the License agreement and present Rules.
1.3. Failure to comply with these Rules may constitute a ground for Blocking, in particular, blocking of User’s Account and Device, as well as User’s IP address.
2. RULES OF USER BEHAVIOR WITHIN THE GAME. RESTRICTIONS
2.1. The User must respect the rules and legal interests of other users and third parties during the game process.
2.2. Users are forbidden from:
2.2.1. Concluding civil law transactions related to Additional and basic functionality of the Game.
2.2.2. Using third-party software allowing automatic control of a character or the Game.
2.2.3. Using the Game for mail outs, both related and unrelated to actions within the Game: spam, flood.
2.2.4. Forming or participating in the formation or operation of communities as part of the gameplay if their ideology implies aversion on ideological, racial, national, and other grounds.
2.2.5. Uploading files or publishing information containing malware elements that may damage the normal functioning of the Game.
2.2.6. Performing any actions aimed at accessing another User’s Account.
2.2.7. Performing actions resulting in violation of Licensor’s exclusive rights.
2.2.8. Creating bots, other programs or any technical and/or other means for emulating Licensor’s actions within the Game.
2.2.9. Communicating with Licensor’s employees and contractors disrespectfully.
2.2.10. Spreading malicious rumors and slander about other users and (or) the Game.
2.2.11. Using obscene phrases when creating an Account.
2.2.12. Promoting other online Games or websites.
2.2.13. Challenging Licensor’s actions and decisions.
2.2.14. Transferring Credentials to third parties.
2.2.15. Names used by the User within the Game must not:
- contain any names allowing to mislead other users with a purpose of impersonating Licensor's representatives or contractors;
- contain offensive, defamatory, vulgar, obscene, hateful, objectionable words used for ethnic, racial or other reasons;
- be the subject of copyright or exclusive rights of other persons unless there exists written permission given by these persons;
- belong to popular artists, celebrities or public figures;
- be related to drugs, sex, alcohol, or criminal activity;
- violate the requirements of the License Agreement.
2.3. During the Gameplay, the User is prohibited from carrying out actions aimed at selling, purchasing, exchanging, transferring, or donating the Account or Game character.
2.4. Chat. Under terms of the License Agreement, the User is entitled to use the Chat during the Gameplay.
2.4.1. The Chat is used to exchange voice and text messages between Users, as well as between the Licensor and the User.
2.4.2. The User acknowledges and agrees that the Licensor does not review, pre-moderate, listen to, or monitor Chat messages.
2.4.3. Under the Legislation requirements, the Licensor stores messages and transfers them to public authorities (if requested to do so).
2.4.4. At his own discretion, the Licensor is entitled to delete text messages if the User violates the Legislation, the License agreement and (or) present rules.
2.5. Rules of posting text messages in the Chat. The User acknowledges and agrees that when posting text messages within the Chat he/she is prohibited to:
2.5.1. Post messages violating the Legislation, License agreement and (or) these rules.
2.5.2. Post messages that interfere with the normal functioning of the Chat (in particular, contain large volumes of text, allow deliberate acceleration of screen scrolling).
2.5.3. Use robots for posting messages, as well as automatically collect information published on the Website and (or) in the Game.
2.5.4. Publish information about Users.
2.6. The User is prohibited from carrying out actions aimed at deceiving other Users during Gameplay, as well as fraudulent actions.
3. LICENSOR'S LIABILITY LIMITATIONS
3.1. The Licensor is not responsible for any User actions within the Game, including those committed in violation of the Rules, the License Agreement, or the Legislation.
3.2. The Licensor shall not be liable if the User cannot access the Account due to the loss of Credentials used to access such Account.
3.3. The Licensor shall not be liable for User’s loss of Additional Functionality of the Game if such a loss occurred in the course of normal gameplay or was caused by third parties.
3.4. The Licensor is not responsible for any User’s direct or indirect losses arising in the process of updating the Game or the game process, the release of new versions of the military equipment or other game items that changed the functionality compared to that already owned by the User.
4. USER’S LIABILITY
4.1. If the User violates present Rules, the Licensor is entitled to (at his own discretion):
4.1.1. Restrict User’s use of the Chat or any other means of communication between Users inside the Game.
4.1.2. Restrict a part of inter-game functionality of the User’s Account or his/her character within the Game.
4.1.3. Remove items of the Additional or basic Game functionality.
4.1.4. Temporarily or permanently restrict User’s access to the Account or the Game, including block based on IP address or User’s Device.
4.1.5. Change values of achievements or User’s Account.