This user agreement (hereinafter – Agreement) governs the relations between Levius LLC (hereinafter – Operator) and users of the game (hereinafter – User).
TERMS USED IN THIS AGREEMENT:
Game – interactive multi-user online game that constitutes a set of computer software and databases designed for use as a mobile application for smartphones or tablet personal computers (PC) running on mobile platforms (Android, iOS and others). The User participates in the Game by downloading and installing the Client’s part of the Game on the device and connecting to the Server resources (hereinafter – Features) of the Operator as part of its provision of Services. The User shall use the Game on the terms of the license policy provided herein. The Game is not a game of chance, bet, gambling or competition.
Gaming process – interaction of all Users with each other and with the Operator in the virtual world of the Game.
Client’s part of the Game– software necessary for participation in the Game installed as a mobile application to the User’s smartphone or tablet PC.
User content –all types of information and materials downloaded and/or transferred through the Game and Features, including but not limited to images, audio files, test dialogues from in-game chats, forums and blogs.
Rules of the Game– a supplement to this Agreement containing rules of participation and conduct of the User in the Game, procedure of interaction with other Users, limitation of the User’s actions in the player space, liability for breach of rules of the Game.
Operator– Levius LLC, party to the Agreement exclusively granting the license for the Game, as well as providing Services on administration, operation and maintenance of the Game and gaming process.
Services– a set of entertainment services aimed at organization and operation of the interactive gaming process, provided by way of granting access to the Operator’s Features by the Operator, Special options of the Game, including AGF. The Services shall be deemed rendered from the time the user was granted access to the Game. The time of rendering of Services in case of use of AGF shall be determined by the respective section hereof.
Special options of the Game– Services rendered by the Operator on provision of virtual items within the Game.
Virtual items– virtual in-game items, virtual in-game services and virtual in-game currency, including but not limited to spirit dust and spirit essence.
Additional game features (AGF)– additional extended Special options of the Game provided by the Operator on a paid basis but not a necessary condition of the User’s participation in the Game. AGF are provided by Operator only at the User’s will and request as part of provision of Services by the Operator.
- GENERAL PROVISIONS
- Subject matter of the Agreement
- The Operator shall grant public access to the Game and Services of the Operator on organization of the gaming process in interactive online mode free of charge, as well as to AGF on a paid basis.
- License policy
- This Agreement contains all essentials of a license agreement for using the Game as computer software.
- The Operator (Licensor) hereby grants to the User (Licensee) a non-exclusive, not subject to sublicense, nontransferable, revocable license for using the Game and its Special features on conditions and by means set out herein.
- OPERATOR’S RIGHTS AND OBLIGATIONS
- The Operator shall have the following rights:
2.1.1. To alter, modify, update, and complement the contents of the Client’s part of the Game at any time without prior notice of the User.
- To limit, change the terms and/or revoke the license for using the Game, including AGF, at any time, unilaterally and without prior notice of the User, including cases of the User’s non-compliance with the terms hereof.
- To limit, change the terms of provision and/or terminate rendering of the Services, including AGF, on organization and operation of the gaming process at any time, unilaterally and without prior notice of the User, including cases of the User’s non-compliance with the terms hereof.
- To suspend, limit, modify or terminate the User account, including due to breach or suspicion of breach by the User of this Agreement or supplemets thereto, as well as legislation of the Russian Federation (hereinafter – Russia).
- The Operator is entitled to send to the User messages of informational and technical nature, to give other notices connected with the Game, Services, AGF and other issues arising out of or in connection with this Agreement by placing information on the website: http://leviusgames.com, by email and/or by other means according to the contacts provided by the User.
- To perform any actions connected with operation, administration and maintenance of the Game. The Operator is entitled to change the course of the gaming process and the player space at its own disposal.
- To use any remedies consistent with applicable law for protection of its intellectual rights related to the Game, as well as in cases of breach of the terms of this Agreement by the User.
- The Operator shall have the obligation under the terms hereof:
- To grant access to the Game for the User on the terms of this Agreement and license policy;
- USER’S RIGHTS AND OBLIGATIONS
- The User shall have the obligation:
- To comply with the provisions of this Agreement and Rules of the Game without any limitations.
- To use only his own accurate data for creation of the User account, not to create a User account under anyone else’s name and/or with the use of data of third persons or any other fake information.
- To use the User account solely for private entertainment non-commercial purposes. The User has the obligation not to lend, transfer or sell his User account to any other persons.
- Not to disclose his account data (password and login) to any other persons, not to allow any other persons to use his User account and/or perform other actions that pose a threat to the User account.
- The User in whose name the User account is registered shall have sole responsibility for all actions and consequences connected with the use of his User account, Game profile, virtual in-game account, including but not limited to management of the character, disposal of virtual items, participation in forums and chats of the Game, regardless whether carried out with or without knowledge of the User.
- Not to perform any actions contrary to the purpose hereof and to the interests of Levius LLC as the Licensor and Operator of the Game.
- Not to attempt getting unlawful access to User accounts, Game profiles, virtual in-game accounts, devices used for participation in the Game, of other Users, Features and any other resources of the Operator.
- Not to use any software or any other technical means with the purpose of hacking, fraud, modification and/or termination of the Game and/or Operator’s Features. Not to attempt getting access to the Game and Operator’s Features in any way and for any purposes except the purpose of lawful participation in the Game.
- Not to carry out and contribute in any way to overload, interruption, failures in the work of the Game, Features and devices used for participation in the Game.
- Not to initiate, participate, and assist in any way to any type of computer attack, including but not limited to spreading viruses, taking over Features, creating conditions for suspension or termination of Features, any other actions aimed at intervention in normal operation of the Game and Features.
- Not to distribute the Client’s part of the Game for commercial or non-commercial purposes to third persons through the Internet or any other means.
- Not to attempt or carry out decompiling, reverse engineering, disassembly, decryption, nor in any other way attempt extraction of source codes of any computer software or any other intellectual property item used for operation and provision of the Game and/or Features.
- Not to infringe in any way the intellectual property rights of the Operator, other User or any other persons, the access to which the User gets in the course of using the Game and Features.
- To download and install updates of the Game, Services, AGF issued by the Operator and installed on his device.
- To communicate on the Operator’s request his personal data, including name and email, as well as other data necessary for creation of the User account and/or using of the AGFby means defined by the Operator, including by email: firstname.lastname@example.org and/or in writing to the address: Levius LLC, Russia, Moscow, Sretensky tupik, 2, office 1.
- Not to place User content that violates any rights of third persons, including but not limited to copyright and/or related rights, rights to means of identification of legal entities, goods, works, services and enterprises, rights to know-how, personal data, privacy.
- Not to place User content containing threats, violence, obscene language, insults, inaccurate and defamatory information, slander, having a discriminating nature, including but not limited to discrimination based on race, nationality, religion, gender, origin.
- Not to use the Game for explicit or implicit calls for or propaganda of violent, extremist, terrorist actions and/or other offences, including but not limited to forcible change of the constitutional system, violation of integrity of the Russian Federation, jeopardizing of national security, creation of militia, incitement of social, racial, national and religious hatred.
- Not to place materials and information within the Game, including hyperlinks, of advertising nature, as well as prohibited or limited for distribution in the Russian territory based on legislative acts and/or final and binding judgments.
- To inform the Operator of all violations of the terms of this Agreement, Rules of the Game and/or Russian legislation known to the User on the part of other Users and/or third persons by email: email@example.com.
- Provided his compliance with the terms hereof, the User has the right:
- To get access to the Game, including the Client’s part of the Game and the Operator’s Features.
- To participate in the gaming process and receive Services from the Operator.
- To run the Game by downloading and installing the mobile application to the smartphone or tablet PC of the Client’s part of the Game with the purpose of participation in the Game.
- To use AGF on the terms provided herein.
- To contact the Operator with requests connected with participation in the Game and execution of this Agreement and/or Rules of the Game by email:firstname.lastname@example.org.
- To terminate his User account at any time and at his own wish by contacting the Operator’s support services by email: email@example.com.
- USER CONTENT. INTERACTION BETWEEN USERS
- By placing and exchanging User content in the course of the gaming process the User warrants that:
4.1.1. The User content does not contain any harmful software and viruses, advertising software;
4.1.2. The User content is not contrary to applicable law and contractual obligations;
4.1.3. The materials and information that constitute User content do not infringe intellectual property and personal non-property rights of other Users and third persons.
4.1.4. The placed material and information are not confidential.
- The User shall be fully responsible for his conduct within the Game and User content places by him.
- By placing any User content the User understands and accepts that this content becomes accessible to the public. The Operator is not responsible for maintaining confidentiality of the User content downloaded and transferred by the User within the Game.
4.5. The User understands and agrees that the Operator is entitled but has no obligation to view, monitor, record, edit, delete, terminate access, deny placement or in any other way dispose of the User content without any notice of the User for any reason at its own discretion.
4.6. The User understands and agrees that he bears all the risks connected with in-game interaction between the Users through User content.
4.7. The User understands and agrees that the User content of other Users may contain offensive and obscene language, false information and/or in any other way not meet the User’s expectations, infringe his intellectual and/or personal non-property rights. The Operator is not responsible for the conduct and User content of other Users.
4.8. In case a dispute arises between Users in connection with either User content or gaming process, including actions of the game characters, use of virtual items, the Operator is entitled to but has no obligation to participate in its settlement. In case the Operator participates in the settlement of such dispute in the in-game space the Users – parties to the dispute shall have the obligation to cooperate and assist the Operator by all means for this purpose.
4.9. The User warrants that in case such dispute arises between Users he has the obligation not to bring any claims against the Operator, including on any damage recovery and/or compensation for moral damage.
- INTELLECTUAL PROPERTY
- The Operator shall have exclusive rights to the Game and Features.
- The User understands, accepts and agrees that all intellectual property rights to the Game and Features, including User account, Game profile, game characters, virtual items, game objects, images, photographs, animation, audiovisual works, audio recordings, audiovisual effects, music pieces, script, history, recording of gaming process, user content, verbiage of the game and to all other elements of the Game belong to the Operator or right-holders.
- The User is not entitled to use any components of the Game outside the Game and gaming process in any way without written consent of the Operator.
- VIRTUAL ITEMS
- Virtual items are Special options of the Game, are intangible and have their value only within the Game as part of the gaming process. Virtual items, including acquired as part of AGF, are intellectual property of the Operator.
- Virtual items may be acquired by the User both as part of AGF and free of charge in accordance with the Rules of the Game, in the course of the gaming process.
- Virtual items shall be used by the User at his own risk.
- Virtual items are not subject to sale, exchange, transfer to any other Users or third persons, unless otherwise provided by the Rules of the Game.
- The Operator is not responsible for accidental loss, theft or seizure of the User’s virtual items by any other Users.
- The Operator has no obligation to provide monetary or any other compensation to the User, including in the form of other virtual items, for virtual items not used in the gaming process in case of limitation, suspension or termination of the User account for any reason at the Operator’s discretion at any time.
- Sale, exchange and/or transfer of virtual items within the Game on the terms of the Rules of the Game shall be final and non-refundable.
- Services on provision of virtual items shall be deemed duly rendered for virtual in-game currency – from the time the virtual currency is credited on the player account in the User’s Game profile, for virtual in-game items – from the time the item is in the “basket” of the game character, for virtual in-game services – from the time such service is rendered to the game character in the gaming process.
- ADDITIONAL GAME FEATURES (AGF)
- AGF allow the User to use additional extended Special options of the Game at his own will, in particular, to acquire virtual items on a paid basis that contribute to faster and more successful development of the game character within the Game.
- At the time of creation of the User account the Operator shall automatically create the User’s game account in his Game profile, tied to his User account and designed for storage of the User’s virtual in-game currency.
- The means and terms for the User to supplement his game account for using AGF shall be determined by the Operator in the respective menu section of the Game application. Recharging the game account shall be carried out by transfer or money by the User to the Operator’s current account through payment systems indicated by the Operator. The money received by the Operator shall be converted in virtual in-game currency and credited to the User’s game account.
- The User shall have the obligation to follow all instructions given by the Operator in connection with supplementing the virtual in-game account. The User shall have the obligation to provide to the Operator the requested personal data necessary for transfer of money to the Operator’s account.
- AGF shall be provided to the User on condition on prior full payment of the price of a certain AGF by the User. The Operator shall not lend AGF and/or accept payment for it by installments.
- AGF shall be deemed provided to the User from the time the respective amount of virtual in-game currency is charged from his game account.
- The list and prices of AGF shall be placed by the Operator in the respective section of the User account. The Operator may review the price, list and scope of AGF at any time and at its own discretion without prior notice of the User.
- AGF shall be provided solely by the Operator of the Game. In case the User uses services of third persons in breach of the terms hereof, the Operator is not responsible for the actions of such third persons, nor compensate any damages to the User in connection with such use.
- If due to a technical error or failure of the Game the User gets access to AGF without the full price of such AGF being charged from his game account, the User shall have the obligation to inform the Operator thereof by email: firstname.lastname@example.org
- The User warrants legitimacy of sources and the right to use the selected money under applicable law for recharging his game account. The Operator shall not be responsible to any third persons for breach of this guarantee and other breaches of Russian legislation by the User in connection with transfer of money to the Operator’s account.
- The Operator shall not carry out reverse conversion of virtual in-game currency to money.
7.12. The Operator shall have no obligation to provide monetary or any other compensation to the User, including in the form of other virtual items, for unused virtual in-game currency in case of suspension, limitation or termination of the User account by the Operator at the User’s own will or as a result of breach of the terms of this Agreement, Rules of the Game and/or Russian legislation.
7.13. The User shall bear all costs connected with the use of AGF, including any fees, charges, taxes.
- LIMITATION OF THE OPERATOR’S LIABILITY. DISCLAIMER
8.1. The User understands and agrees that the Operator provides access to the Game and Features “as is”.
8.2. The User shall use the Game, Features and Services at his own risk.
8.3.The Operator provides the Game, Features and Services without any direct or implied warranties. The Operator does not warrant that
- The Game and Features will be provided quickly, continuously, reliably and without errors, that the defects will be corrected;
- The User will have access to the Game and Features at any time and place at his discretion;
- The Game and Services will meet the User’s expectations;
- The User can successfully complete all stages of the gaming process and perform all the game tasks;
- The Game and/or Features will not contain viruses and other harmful software as a result of actions of other Users, third persons and/or through no fault of the Operator.
- The Operator shall not be responsible for temporary technical failures and interruptions in the operation of the Game and Features, for failures and interruptions in the Internet connection, for defects of the device through which the User accesses the Game.
- The User understands and agrees that the Game may contain different sound and/or video effects, specific graphics and/or animation, violent scenes, that in certain circumstances may aggravate the User’s medical conditions (epilepsy, mental disorders, depression, paranoia, etc.), in this connection the User warrants that agreeing to participate in the Game he does not have any of these conditions. The User understands and agrees that the Operator has no responsibility, including but not limited to any damage recovery and/or compensation of moral damage, for aggravation of these conditions with the User.
- The User understands and agrees that the Operator is in no way responsible for aggravation of the User’s physical condition (sight reduction, lateral curvature, fatigue, insomnia, different forms of neurosis and other negative consequences) caused by long and/or continuous participation of the User in the Game.
- The Operator’s possible liability shall be limited to the amount of actual damage arising in connection with participation in the Game and/or use of the Operator’s Services, as well as execution of this Agreement, lost of profits are not subject to recovery. The amount of the Operator’s liability shall be limited to the cost of paid and unduly rendered (non-rendered) Services.
- To the extent the Operator cannot reject or limit its liability under applicable law, including consumer protection laws, the Operator’s liability is determined by the minimum amount of liability provided for this case.
- The User agrees that to the extent the applicable law limits the Operator’s liability, the Operator has limited liability.
- The User agrees to protect the Operator from any kind of claims, including but not limited to claims on any damage recovery, compensation of moral damage, brought by third persons in connection with the User’s participation in the Game and caused by willful and/or reckless acts of the User, including breach of this Agreement and Rules of the Game, as well as to compensate any damages to the Operator caused by such claims.
- The Operator is released from liability for non-execution or undue rendering of Services if such non-execution became impossible to avoid due to force majeure, meaning emergency and unavoidable circumstances in the given conditions, such as natural and man-made disasters and catastrophes, decisions of governmental authorities, mass riots, irregularities of electricity supply, irregularities of relevant Internet elements, failures of routing systes, failures caused by hacker attacks, including but not limited to Dos and DDoS attacks.
- APPLICABLE LAW. DISPUTE SETTLEMENT
9.2. All matters not explicitly governed hereby shall be resolved in accordance with Russian legislation, without regard to conflict of laws.
9.3. All disputes arising between the parties hereto shall be settled with the use of pre-trial dispute resolution procedure by negotiations. In case the dispute is impossible to settle by negotiation the dispute shall be subject to exclusive jurisdiction of the court at the Operator’s location.
10.3. The User is not entitled to assign his rights and obligations under this Agreement to any other persons without prior written consent of the Operator, otherwise this assignment shall be invalid.
10.4. Impossibility for the Operator to control the Users’ compliance herewith and/or force them to comply herewith or impossibility to protect its rights may not be interpreted as the Operator’s waiver of the right to state validity of the provisions hereof and/or refer to them in case of protection of its rights.
10.5. The Operator’s omission in case of breach of this Agreement by the User or other third persons does not prejudice the Operator’s right to take respective action to protect its rights later.
- OUR CONTACTS
Should you have any questions regarding this Agreement do not hesitate to contact us:
Levius limited liability company (Levius LLC)
Russia, Moscow, Sretensky tupik, 2, office 1