End User License Agreement (EULA)
This End User License Agreement (this "Agreement" or "EULA") governs the relationship between 101XP LIMITED, hereinafter referred to as "Licensor", and you the licensee of the Game (the "Licensee"), in relation to the Game.
1. Terms used in this Agreement
1.1. A Game is a mobile game that includes Gaming Resources, including all add-ons and updates to the Game, as well as servers with the Game software. Operation and support of the Game, as well as Licensee's access to the Game, is performed solely by the Licensor. Participation of the Licensee in the game is carried out in an interactive way by downloading and installing the Game from the Google Play Market or the Apple App Store. If the Game does not apply for the value indicated on the Game page, it is presumed that the game is distributed according to the Free to play model, which means that the Licensee is entitled to use the Game without a permanent monthly and / or one-time payment or any other payment, which would be directly needed to participate and / or to continue using the Game. The Licensor has sufficient rights to the Game and all its components.
1.2. Game Websites if such exist are Internet sites where the official information of the Game is represented by the Licensor. Game Websites grant the Licensee access to the information about the Game, including those which allow the Licensee to participate in the Game.
1.3. Game Resources (Resources) include all servers and any software and/or databases related to the Game.
1.4. The Licensor is the company 101XP LIMITED, which provides the Licensee the right to use the Game on a non-exclusive basis and shall announce to the public, distribute, operate, maintain, and administer the Game. Under the terms of this Agreement, the Licensor grants the Licensee the right to use the Game and access to the Game and Bonus Game Functionality. The Licensor is a Party to this Agreement.
1.5. The Licensee is an individual with the necessary legal capacity to enter into this Agreement, who participates in the game, and who, in accordance with this Agreement, shall be entitled to use the Game within the limits set forth in this Agreement. The Licensee is a Party to this Agreement.
1.6. Communication of Game Usage Rights is the granting of rights to the Licensee by the Licensor to use the Game, as well as access to Game Resources, access to participation in the Game, and the ability to make use of his or her capabilities in accordance with the conditions and procedures defined in this Agreement and the standard mode of the Game's operation.
1.7. Bonus Game Functionality refers to software Game functions that give the Licensee, for a Unit or Units of Usage Rights, special rights to obtain a higher level of access to the Game, the extent and conditions of which are defined by this Agreement.
1.8. The End User License Agreement (EULA) is the text of this Agreement between the Licensor and Licensee, containing all the necessary and essential conditions of the license granting the rights to use the Game, including Bonus Game Functionality, as a software program. Addenda to this Agreement, which are an integral part of it, include the Forum Rules and any other documents referred to in this Agreement.
1.9. The Forum Rules are an addendum to this EULA and are located on the Internet and set forth the rules of conduct governing the Licensee on the official forum ("the Forum"), limiting the actions of the Licensee on the Forum as well as the liability of the Licensee for non-compliance with these Forum Rules and observing these limits, and establishing the rights of the Licensor to take against the Licensee certain measures provided by this Agreement and under the conditions set forth by this Agreement. The Forum Rules can be changed by the Licensor at any time without prior notice to the Licensee. The Licensor shall notify the Licensee of such changes by posting information on the Game Website. Any use of the Forum after a change in the Forum Rules constitutes acceptance of such change.
2. CONDITIONS OF ACCESSION TO THIS AGREEMENT
After filling in the required fields and familiarizing him or herself with the Agreement, the Licensee accesses to (accepts) this Agreement by clicking a button labeled "Register" or some similar. The actual use of a Game also constitutes acceptance of this Agreement.
3. SUBJECT OF THIS AGREEMENT
Under this Agreement, and subject to the observation of its relevant conditions by the Licensee, the Licensor grants to the Licensee on the terms of a simple, non-exclusive, revocable license the right to use the Game as a software program and/or database, including access to participate in the game, as well as Bonus Game Functionality, to the extent defined in this Agreement.
The right to use Bonus Game Functionality is considered to be given at the time Units of Usage Rights are credited to the Licensee's in-game account. Subsequent use by the Licensee of these Units of Usage Rights is conducted exclusively within the gaming process (in the Game), and the Licensor is not responsible for their use/non-use by the Licensee.
The conversion of financial means into Units of Usage Rights for Bonus Game Functionality is not a prerequisite on the part of the Licensee to participate in the game or to obtain rights to use the Game as a whole, unless otherwise stipulated by this Agreement. Rights to use Bonus Game Functionality are provided only at the request and wish of the Licensee. Bonus Game Functionality is a part of the Game and is not a separated software program. Usage rights for Bonus Game Functionality can only be taken advantage of by the Licensee in connection with using the Game.
4. RESTRICTIONS ON USAGE OF THE GAME AND ITS BONUS FUNCTIONALITY
4.1. The Licensee has the right to use the Game and its Bonus Functionality in the following ways:
4.1.1. to participate in the Game by creating an account and a game character and to modify the content of the Game in the course of such participation, in compliance with the Game Rules;
4.1.2. to use Bonus Game Functionality to commit Game scenario;
4.1.3. subject to the Licensee's purchasing of usage rights for Bonus Game Functionality in accordance with this Agreement, to use Bonus Game Functionality;
4.1.4. to use the Game as part of the features provided by a Subscription (if the Licensee is a subscriber), as long as payment for the Subscription is made;
4.1.5. This Agreement does not require that the Licensee report on his or her usage of the Game.
4.2. The Licensee does not have the right:
4.2.1. to distribute, for commercial or non-commercial purposes, the Game Client or a copy thereof, neither by disseminating physical media with the Game Client contained thereon, nor by posting it on the Internet for downloading by specific persons or by the general public;
4.2.2. to translate the Game into other languages;
4.2.3. to distribute any element of the game-including graphics, sound, or audiovisual displays present in the game-outside of the game for commercial purposes,
4.2.4. to distribute, for commercial or non-commercial purposes, in-game valuables obtained by the Licensee while participating in the game (including the activation of Bonus Game Functionality) outside of the game; nor to transfer the rights of use of the Game or of Bonus Game Functionality to third parties for commercial or non-commercial purposes, including by means of transferring a game character or game account;
4.2.5. to transfer the rights provided to the Licensee to use the Game and/or Bonus Game Functionality to other Licensees or to third parties, whether by the means of a sublicensing agreement or not;
4.2.6. to use the game in any way not provided for in this Agreement and by normal gameplay, including the use of programming errors in the game and other defects that arise during use of the Game but the exploitation of which is contrary to the principles of the Game and this Agreement;
4.2.7. to restrict the access of others to the Game or prevent others from using the Game, by means of harassment, threatening, persecution, creating uncomfortable situations, providing unwanted attention or inconvenience, or any other means;
4.2.8. to offend other people in the Game; nor to use profanity in the Game or words that are so similar as to be confused with profanity;
4.2.9. to insult the Licensor and its employees and authorized persons; nor to distribute rumors and slander regarding such persons and/or the Licensor that can negatively affect the reputation of the Licensor and/or cause the Licensor to suffer losses; nor to communicate with the Administration in a rough, aggressive, insulting, or provocative way;
4.2.10. to send many messages in the Game with the same content or same type of content within a short period of time (1 minute);
4.2.11. in the Game and/or with respect to gameplay, to correspond with third parties or to perform any act of such a nature that third parties may be, as a result of such actions, misled and take actions that would not have been taken if the correspondence/actions had been committed by an appropriate person; to discuss any wrongdoing in the Game, including the actions of third parties; nor to encourage others to commit illegal actions, demonstrate antisocial behavior, sociopathy, misanthropy, depression, or suicidal tendencies, or induce others to commit suicide or other actions that are harmful to the health. To use any third-party game software algorithms and/or computer program that affect gameplay by interacting with the Game in any way;
4.2.12. to send messages of a commercial/advertising nature in the Game to persons who do not expressly wish to receive them.
5. OBLIGATIONS OF THE LICENSOR
5.1. The Licensor shall assume the following obligations:
5.1.1. according to the conditions set forth in this Agreement, to provide the opportunity to the Licensee to participate in the Game, to provide the right to use the Game as a software program and/or database and Bonus Game Functionality;
5.1.2. subject to the conditions set forth in this Agreement, to ensure functional gameplay;
5.1.3. to notify the Licensee of changes to the terms of this Agreement by publishing information on the changes on the Game Website;
5.1.4. to provide the Licensee the opportunity to receive for free (download) the Game Client (if any) via the Internet from the Game Website, unless this Agreement provides otherwise.
6. RIGHTS OF THE LICENSOR
6.1. The Licensor shall have the following rights:
6.1.1. at any time, to unilaterally reduce, expand, or change the contents of the Game without providing prior notice to the Licensee;
6.1.2. to direct the Game and gameplay according to its sole discretion, to suspend or change the course of gameplay, or to change the rules of the Game without providing prior notice to the Licensee;
6.1.3. at any time, to modify or delete any information posted by the Licensee on the resources of the Licensor, including statements and announcements made by the Licensee;
6.1.4. at any time, to suspend, restrict, and/or terminate the Licensee's access to the Game in accordance with the terms of this Agreement, including cases where such action is due to the Licensee's non-compliance with the terms of this Agreement or the Game Rules;
6.1.6. to send Licensees messages that are of an informational or technical character and related to the game;
6.1.7. during gameplay, to make comments to Licensees to warn, notify, or inform them of non-compliance with the Game Rules or with other terms of this Agreement. Such comments from the Licensor provided during gameplay must be complied with by the Licensee;
6.1.8. at any time, to alter, amend, or modify the Game or any of its parts, including the Game Client, without providing any prior notice to the Licensee;
6.1.9. to take any steps not prohibited by law to protect the Licensor's intellectual property rights in respect to the Game;
6.1.10. in the case of a suspension, limitation, or termination of the Licensee's access to the Game in connection with Licensee's breach of this Agreement or the Game Rules, to renew the Licensee's access to the Game by early unblocking of the Licensee's game account. The procedure and conditions for such unblocking shall be determined at the discretion of the Administration.
6.1.11. at any time, to discontinue providing access to the Game or the ability to use the Game (to disable the Game), and/or any of its functionality, without providing prior notice to the Licensee.
6.1.12. if the Licensee violates any of the terms of this Agreement, to penalize the Licensee to the extent determined by the Licensor. Possible penalties include the suspension of the Licensee's rights to use the Game and/or Bonus Game Functionality, shortening of the Licensee's rights to use the Game and/or Bonus Game Functionality, disabling certain features of the Game and/or Bonus Game Functionality, and others.
6.1.13 in the case of the termination of the Licensee's rights to use the game, to write off the balance of the Licensee's in-game account as compensation for the Licensor's costs incurred maintaining the Licensee's account.
7. LIMITATION OF THE LICENSOR'S LIABILITY
7.1. The Licensee uses the resources of the Licensor, the Game (including the game client, if available) at his or her own risk. Participation in the game and the granting of usage rights for the Game and Bonus Game Functionality are provided "as is."
7.2. The Licensor shall not be liable for any unlawful acts of the Licensee or any third party.
7.3. The Licensor shall not be liable for statements of the Licensee published on the Resources of the Licensor. The Licensor shall not be liable for the conduct of the Licensee on the Resources of the Licensor, including the behavior, character, and ideology of game characters controlled by Licensee, the actions of game characters in the Game, and disrespect towards other Licensees of the Game or to game characters controlled by them. The Licensor shall not be liable for such actions by other participants in the Game.
7.4. The Licensor shall not be liable for any loss by the Licensee of access to his or her game account (the loss of a username, password, or other information necessary for the Licensee to participate in the Game).
7.5. The Licensor shall not be liable for incomplete, inaccurate, or incorrect input by the Licensee of his or her data when creating his or her game account.
7.6. The Licensor shall not be liable for the loss of in-game valuables by the Licensee while playing the game, whether such valuables were received by participation in the Game or by converting funds into Units of Usage Rights for Bonus Game Functionality.
7.7. The Licensor shall not be liable for the Licensee's lack of Internet access, for the quality of service provided by the Internet provider(s) the Licensee uses to access the Internet, or for the correct operation of the Licensee's own hardware and software.
7.8. The Licensor shall not exchange in-game valuables (including Units of Usage Rights for Bonus Game Functionality), which have been obtained by the Licensee during his or her participation in the Game or the exercise of his or her rights to use the Game or Bonus Game Functionality, for currency or non-currency financial means or valuables, nor shall the Licensor reimburse in-game valuables to the Licensee.
7.9. The Licensor shall not exchange in-game valuables of certain types, which valuables have been obtained by the Licensee during his or her participation in the Game or the exercise of his or her rights to use the Game or Bonus Game Functionality, for in-game valuables of other types.
7.10. The Licensor shall not reimburse the Licensee for costs associated with the conversion of financial means into Units of Usage Rights for Bonus Game Functionality, even in the event of suspension or termination of access to the Game or the suspension or termination of this Agreement for any reason.
7.11. The Licensor does not warrant that:
7.11.1. the Game will meet the subjective requirements and expectations of the Licensee;
7.11.2. gameplay on the Resources of the Licensor, as well as the provision of rights to use the Game and/or Bonus Game Functionality, will proceed smoothly, rapidly, without any technical glitches, reliably, and without errors;
7.11.3. the results that are obtained using the software and database of the Game by participating in the Game and by using Bonus Game Functionality will be without error;
7.11.4. the quality of gameplay, any aspect of the game or its Bonus Functionality, the information obtained during the Game or when using the software and the database provided on the Resources of the Licensor will meet the Licensee's expectations;
7.11.5. the game will be available for 24-hour use, at any particular time, or for any particular period of time.
7.12. The Licensor shall not be liable for direct or indirect damages to the Licensee or any other third parties, which damages arise out of:
7.12.1. the use or inability to use the Resources of the Licensor;
7.12.2. unauthorized access, by third parties, of any personal information of Licensee, including the Licensee's account or the Licensee's personal account in the Game, unless the Licensor has or has to have possibility to evade such unauthorized access;
7.12.3. the statements or conduct of any third party on the Resources of Licensor.
7.13. The Licensor shall not be obligated to provide to the Licensee any evidence, documents, etc., showing that the Licensee has violated the conditions of this Agreement in the case that the Licensee has been denied access to the Game or game valuables (including Bonus Game Functionality) or that such access has been terminated or restricted.
8. OBLIGATIONS OF THE LICENSEE
8.1. The Licensee shall:
8.1.1. abide by the terms of this Agreement without any exceptions;
8.1.2. at the time of registration on the Resources of the Licensor, input true information in all required fields and forms;
8.1.3. not violate the limits on the use of the Game and Bonus Game Functionality set forth in section 2 of this Agreement;
8.1.4. not otherwise violate the intellectual property rights of the Licensor in respect to the Game and/or any components of the Resources of the Licensor. In particular, the Licensee shall not copy, transmit, disseminate, publish, or otherwise distribute or reproduce material (text, graphics, audio, or video) that is a part or parts of the Game Resources without the written consent of Licensor;
8.1.5. independently take appropriate measures to ensure the security of his or her account(s) in the game and prevent the unauthorized use of such account(s) by third parties;
8.1.6. follow the instructions of the Licensor, including data sent by the Licensor to the Licensee or group of Licensees in the Game, the User Support Center (Licensee Support Center), in the News section of the Game Website, and on the Licensor's forum. If the Licensee fails to follow such instructions, the Licensor has the right to suspend, restrict, or terminate the Licensee's access to the Game or to Bonus Game Functionality.
8.1.7. comply with all other requirements and other obligations under this Agreement and the Game Rules.
8.2. The Licensee warrants that he or she has all necessary legal capacity to enter into this Agreement. If the Licensee has not reached the age of majority or has lost legal capacity by virtue of some other contingency as stipulated by applicable law, he or she is obliged to obtain the necessary authorization, in the form required by law, from his or her parents or legal representatives.
8.3. The Licensee's other obligations are set forth in the Game Rules and in Section 7 of this Agreement.
9. BONUS GAME FUNCTIONALITY
9.1. This section of the Agreement regulates the procedure and conditions for provision by the Licensor to the Licensee of the right to use the Game's Bonus Game Functionality.
9.2. At the request of the Licensee, the Licensor shall grant the Licensee the right to use Units of Usage Rights (or a quantity of Units of Usage Rights which exceeds that normally received in the Game by other Licensees), for which the Licensee shall pay a license fee defined in the game and which shall allow the Licensee to use additional, advanced, or special features of the Game (game character characteristics, privileges, special game items, gifts, etc.). In particular, the Licensee may use these features to cause his or her game character to obtain game valuables that allow that character to develop more rapidly in the Game, among other things. Game valuables are the property of the Licensor and may only be used by the Licensee inside the Game, during gameplay. The Licensee is entitled to use Bonus Game Functionality as soon as the corresponding license fee is transferred to the Licensor.
Usage rights for Bonus Game Functionality are provided to the Licensee under a simple, non-exclusive license, for a fee and to the extent defined in this Agreement, as determined by the number of Units of
Usage Rights given to the Licensee by the Licensor.
Payment for the rights to use Units of Usage Rights shall be conducted by the Licensee in the currency of his or her home country and for the cost of the number of Units of Usage Rights for Bonus Game Functionality selected by the Licensee. The amount of the license fee for the right to use Units of Usage Rights for Bonus Game Functionality shall be the amount shown on the Licensee's in-game personal account's account balance. The amount of the license fee for the right to use Units of Usage Rights for Bonus Game Functionality can be changed unilaterally by the Licensor at any time without providing prior notice to the Licensee; in this case, one-time license payments for the right to use Units of Usage Rights for Bonus Game Functionality shall not be revised.
The Licensee has the right to use Bonus Game Functionality by freely exchanging Units of Usage Rights he or she has obtained for any game valuables included in the Bonus Game Functionality at the in-game exchange rate defined in the Game. Game valuables obtained this way will subsequently be used by the Licensee in the same way other game valuables obtained by the Licensee during gameplay in accordance with this Agreement are used. The Licensor shall not be liable for the loss of the Licensee's game character's game valuables during gameplay (by theft, destruction, depletion, etc.).
The Licensee acknowledges that in the course of gameplay, the game character's access to Bonus Game Functionality (to the extent allowed by the Licensee's quantity of Units of Usage Rights) may be terminated in accordance with this Agreement (as a result of these Units' consumption, theft by other game characters, suspension/termination of access to the Game, etc.) or for other reasons and that this does not require the Licensor to refund the license fee paid by the Licensee for access to such Bonus Game Functionality.
9.3. The moment the Licensee has the right to use Bonus Game Functionality is the moment in which Units of Usage Rights are credited to the Licensee's in-game personal account.
The right to use Bonus Game Functionality is provided to the Licensee for the term of this Agreement, unless the Units providing such access are depleted at a date earlier than that of the termination of this Agreement.
9.4. Upon the Licensee's registration with the Game, the Licensor automatically creates an in-game personal account in the Game for the Licensee. This in-game account is linked directly to the Licensee's user account.
9.5. All Virtual Item purchases are non-refundable and non-returnable except, in Licensor's sole and absolute discretion or where required by law.
9.6. The Licensee pays the license fee by transferring funds to the Licensor's account via supported payment systems. A list of the available payment systems is provided on the Licensor's website. The main provisions of this Agreement regarding payment methods and conditions are also applicable to Subscription payments (if any exist).
9.7. When paying a license fee for the right to use Units of Usage Rights for Bonus Game Functionality, the Licensee shall follow the payment instructions regarding payment methods and procedure, including the rules for message contents and recipient short numbers for sending a text message (SMS) and the use of uppercase and lowercase letters, numbers, and input language. The Licensee's right to use Bonus Game Functionality is provided when the provided payment instructions and conditions are fulfilled. The Licensor shall not be liable for any failure on the part of the Licensee to follow any payment conditions. If the Licensee has any questions regarding the procedure and rules related to using payment systems for replenishing his or her personal account balance, he or she should contact the legal persons in authority over such payment systems. The Licensor shall not provide the Licensee with clarification on issues related to the rules and procedures for using such payment systems, nor shall it compensate the Licensee for any license fee paid via payment system for the right to use Units of Usage Rights for Bonus Game Functionality if such payment was conducted in violation of the rules established by the payment system, resulting in a failure of the funds to reach the Licensor.
9.8. The provision of rights to use Bonus Game Functionality to the Licensee is subject to the full payment for such rights by the Licensee in accordance with the terms of this Agreement. In this regard, the Licensor has the right not to present such rights to the Licensee, or to present them in only a limited quantity, until the former has received confirmation of payment.
9.9. If, due to a technical error or malfunction of the Game or by the deliberate action(s) of the Licensee, he or she has obtained access to Bonus Game Functionality without obtaining the rights of use in accordance with the procedure set forth in this Agreement, the Licensee agrees to communicate this fact to the Licensor and either pay the cost of the rights of usage to the Licensor or take measures to cancel all of the effects of such illegitimate use of the Bonus Game Functionality. The Licensor shall have the right to independently cancel such effects without notifying the Licensee (by deleting in-game valuables, reducing character levels, etc.).
9.10. The Licensee shall retain proof of payment of electronic conversion of funds into Units of Usage Rights for Bonus Game Functionality during the whole duration of his or her participation in the Game and shall, upon request of the Licensor, provide it with these documents, as well as with information about the specific circumstances related to the Licensee's payment.
9.11. The Licensee is obligated to monitor the status of his or her account.
9.12. The right to distribute Bonus Game Functionality belongs exclusively to the Licensor, and therefore no proposal by third parties regarding usage rights for Bonus Game Functionality or access rights to this functionality should be regarded by the Licensee as an offer originating from the Licensor.
In case of any dispute, ambiguous situations, or any offers from third parties sent to the Licensee relating to payment for usage rights for Bonus Game Functionality or placement of advertisements and offers of these rights on the Internet (with the exception of those on the Licensor's Resources), the Licensee shall immediately notify the Licensor. If the Licensee violates this provision and makes a payment connected with the aforementioned advertisement using the details specified therein, no claims from the Licensee on the Licensor regarding access to Bonus Game Functionality shall be accepted, and the Licensor shall not provide any financial compensation to the Licensee for the money spend by the latter under these circumstances.
9.13. If the Licensor determine that the Licensee has received access to Bonus Game Functionality from third parties, the Licensor may, at its own discretion, suspend, restrict, or terminate the Licensee's access to participation in the Game and/or to Bonus Game Functionality.
9.14. Using Units of Usage Rights for Bonus Game Functionality does not release the Licensee of his or her obligation to comply with this Agreement and the Game Rules and does not preclude the use of specific measures or penalties in reaction to his or her violation of the conditions of this Agreement, including the Licensor's full or partial termination of the Licensee's access to the Game or to Bonus Game Functionality. In such case, the Licensor shall not provide financial compensation to the Licensee for any license fee paid by the latter for rights to use Units of Usage Rights for Bonus Game Functionality.
9.15. The Licensee warrants to the Licensor that he or she has the right to use the financial means he or she selects to use for the purchase of usage rights for Bonus Game Functionality and has not thus violated the legislation of Cyprus and/or the legislation of another country of which the Licensee is a citizen, nor has he or she violated the rights of any third parties. The Licensor shall not be liable for any damages to third parties and/or other Licensees resulting from the use by the Licensee of financial means not belonging to him or her.
9.16. The Licensor shall not be liable for any unlawful acts of the Licensee when the latter is making payment for the rights to use Bonus Game Functionality. The Licensor reserves the right to unilaterally suspend or terminate the Licensee's access to Bonus Game Functionality, pending further investigation, if there is a suspicion that the Licensee has committed any illegal acts.
9.17. If the Licensor has reason to believe that the Licensee has committed illegal acts or fraud related to payment for usage rights for Bonus Game Functionality, the Licensor shall be entitled to direct such information to law enforcement agencies so that it may be investigated.
9.18. Specifics of payment by the Licensee by bank card for usage rights for Bonus Game Functionality:
9.18.1. Transactions with bank cards shall be made by the card holder or the holder's authorized representative.
9.18.2. Bank card transactions are authorized by the bank. If the bank has reason to believe that an operation is fraudulent, the bank is entitled to refuse to complete that operation. Fraudulent transactions with bank cards are a criminal offense.
9.18.3. In order to avoid fraud related to bank card payments, such payments may be investigated by the Licensor. The Licensee cardholder making such payment shall, upon request from the Licensor, provide a copy of the necessary documents to confirm that the Licensor's use of the bank card is lawful. In case of the Licensee's failure to provide documents within 14 days from the date the payment was submitted, or if there is doubt about the documents' authenticity, the Licensor is entitled to suspend the Licensee's access to the Game and Bonus Game Functionality in order to conduct an investigation.
9.19. The Licensee shall, at his own expense, bear all costs associated with the transfer of funds to the Licensor, including various fees and commissions charged by banks and payment system operators.
9.20. The Licensee agrees to, understands, and accepts the fact that the Game is not a game of chance, a game for money, a competition, or a bet. Payment of the license fee for the use of Units of Usage Rights for Bonus Game Functionality is an exercise of the Licensee's own will and wish and is not necessary or required for participation in the Game and its gameplay.
10. THE TERRITORY AND DURATION OF THIS AGREEMENT
10.1. The Licensee may use the Game and Bonus Game Functionality in the ways described in this Agreement throughout the territory in which it is available within the bounds of regular gameplay, using standard computer equipment and programs and the functionality provided for by the Resources of the Licensor.
10.2. This Agreement shall enter into force upon acceptance of its terms by the Licensee and is valid indefinitely. The Parties have agreed that this Agreement shall apply to all interaction between the Parties, in relation to the Game, which took place up until the conclusion of this Agreement.
10.3. This Agreement shall continue to be in effect unless:
10.3.1. The Licensor decides to amend the provisions of this Agreement, to enter into a new agreement with the Licensee, to terminate the provision of the Game and access to it, to terminate this Agreement in respect to the Licensee, or to terminate access to the Game in respect to the Licensee.
10.3.2. The Licensee decides to discontinue the use of the Game and Bonus Game Functionality.
10.4. The Licensor shall have the right to, at any time, without notice to the Licensee, and without explanation, terminate this Agreement unilaterally and extrajudicially and immediately terminate access to and use of the Game without refund of any costs and losses and without any refund of funds obtained under this Agreement. Such action may be taken in cases including the following:
10.4.1. shutting down of the Game;
10.4.2. any breach, including a single, lone violation, of this Agreement by the Licensee.
10.5. The Licensor shall have the right to, at any time, without notice to the Licensee, and without explanation, terminate access to and use of the Game without refund of any costs and losses and without any refund of funds obtained under this Agreement, for reasons including any breach, even a single, lone violation, of this Agreement by the Licensee.
10.6. The Licensor shall have the right to, at any time, without notice to the Licensee, and without explanation, terminate this Agreement unilaterally and extrajudicially by deleting the Licensee's game account.
10.7. The Licensee agrees and fully accepts that all rights to the localization (translation) of the game, including game characters, game items and accessories, game coins, in-game valuables, graphics, photographs, animations, video clips, sound recordings, sound effects, music, text content, and other content in the Game, belong exclusively to the Licensor, except as otherwise expressly stated in this Agreement, on the Game Website, or in the Game itself.
10.8. The Licensee does not have the right to use any component of the Game or Bonus Game Functionality outside of the Game and its gameplay without the written consent of the Licensor.
10.9. The Licensee understands, accepts, and agrees that any element of the Game, in particular the game characters and Bonus Game Functionality, are an integral part of the Game as a software program and are under copyright. Despite the fact that the Licensee may use the Game and Bonus Game Functionality and, during gameplay and participation in the Game, is allowed to manage these game characters, including the development of the characters in the Game and gameplay, such management and development of a character in the game is not and cannot be considered under any circumstances as the transfer and/or assignment of exclusive rights to a game character from the Licensor to the Licensee. In addition, such management and development of a character in the game is not and cannot be regarded as constituting the authorship of that game character belonging to the Licensee and/or co-authorship between the Licensee and the Licensor of that game character.
10.10. This Agreement does not provide for the transfer of any exclusive rights or exclusive license to any component of the Game and/or Game Resources from the Licensor to the Licensee.
10.11. If the Licensee, in accordance with the laws of his or her country, is forbidden from using computer games online, or if there are other applicable legal restrictions including age restrictions on the use of such software, the Licensee may not use the Game. In this case, the Licensee is solely liable for using the Game in his or her territory in violation of local law.
10.12. This Agreement may be amended by the Licensor without any prior notice. Any changes to this Agreement implemented unilaterally by the Licensor shall enter into force on the day immediately following the day of the publication of such changes on the Licensor's website. The Licensee agrees to independently check this Agreement for changes. Failure on the part of the Licensee to become familiar with this Agreement and/or changes to this Agreement shall not constitute any grounds for non-performance of its obligations by the Licensee or failure by the Licensee to abide by the limitations established by this Agreement.
10.13. The invalidity of one or more provisions of this Agreement, duly recognized by a legally effective decision of the court, shall not entail the invalidity of the Agreement on the whole for the Parties. In the event that one or more provisions of this Agreement, in accordance with established procedure, are recognized as invalid, the Parties shall fulfill the obligations undertaken under this Agreement in a manner as close as possible to the intentions that the Parties held at the conclusion of the Agreement and/or agreed-upon changes to the Agreement.
10.14. This Agreement and the relationship between the Parties in connection with this Agreement and use of the Game, as well as any disputes that may arise between the Licensor and Licensee, are governed by the legislation of Cyprus, without regard for any conflict with local laws and regardless of location.
10.15. Regarding the form and conclusion procedure of this Agreement, the norms of the Cyprus law shall govern the procedure and conditions for the conclusion of the contract, by way of acceptance of a public offer.
10.16. All disputes between the Parties under this Agreement shall be settled by correspondence and negotiations, with a mandatory pre-trial (claim) procedure. In case of failure to reach an agreement between the Parties through negotiations within sixty (60) calendar days of receipt by a Party of a written complaint from the other Party, the dispute shall be submitted by any interested Party to a court of general jurisdiction selected by the Licensor (excluding cases under the jurisdiction of any other courts).
10.17. For questions related to the fulfillment of this Agreement, please contact the Licensor at the following location: 101XP LIMITED, 6 Ioanni Stylianou, 2nd floor, office 202, 2003 Nicosia, Cyprus.