TERMS OF USE
Effective date: December 22, 2022
This is a legally binding agreement between you and Vitali Yaremau, an Individual entrepreneur with offices at ul. Żuławskiego 12/13 31-145 Kraków, Poland (hereinafter referred to as “Licensor”, “we”, “our” or “us”), that offers you access to and governs your use of Licensor’s entertainment software, related services and other subject matter (collectively hereinafter referred to as the “Services”). Your continued use of the Services constitutes your acceptance of these terms.
To enter into this agreement, you must be at least sixteen years old. You are legally and financially responsible for any and all actions when accessing or using the Software, including the actions performed in or through your account, whether by you or by anyone you allow access to the Software or the account.
You undertake to provide truthful and accurate information that we might request from time to time. If you access to or use the Software using the third parties’ credentials, you must comply with the additional terms and conditions of such third parties, which are incorporated herein by reference. You acknowledge and agree that we have no power or control over the terms and conditions of the third parties. You are responsible for any activity on your account, including all purchases made on the account. You acknowledge and agree (i) to keep your account information confidential and, (ii) not to share your account’s credentials with anyone nor allow anyone to access and/or use your account, and (iii) that any usage of your account is deemed to have been used by you. Should your account’s information become publicly available due to your fault, we, therefore, do not hold any responsibility for your account and data stored on your account. You also acknowledge and agree that (i) you have no ownership or other property interest in your account, including but not limited to Additional Content allocated on your account; and (ii) your account may be suspended or terminated, in whole or in part, at our sole discretion, without any liability whatsoever.
Please be aware that visual effects, especially flashes of light and ornaments may cause an epileptic seizure. You may have an epileptic seizure even you have no medical history of epilepsy. You must immediately stop using the Services and consult a medical professional if any of the following symptoms arise: (i) sudden groundless anxiety or fear; (ii) involuntary body movements, tingling; (iii) auditory or visual hallucination; (iv) clouding of consciousness. It is your sole responsibility to monitor your health condition while using the Services.
ANY USE OF THE SERVICES MEANS THAT YOU HAVE READ AND UNDERSTOOD THE PROVISIONS OF THIS AGREEMENT AND UNEQUIVOCALLY AGREE TO BE BOUND BY IT. MOREOVER, YOU AGREE TO USE THE SERVICES IN GOOD FAITH. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, YOU THEREFORE MAY NOT DOWNLOAD, ACCESS, OR USE THE SOFTWARE.
1. Subject to your continuing compliance with these Terms of Use, we on our behalf or through our licensees grant you a personal, non-exclusive, non-transferable, revocable, limited license to install and use the Services worldwide for your own individual, non-commercial, and entertainment purposes. Any commercial use of the Services by you is strictly prohibited. You agree not to use the Services for any other purpose than described above.
2. You acknowledge and agree that the Services and related Intellectual Property Rights are licensed to you, not sold. When we mention “Intellectual Property Rights” we understand, inter alia, copyright (including future copyright), database rights, patents (including rights in, and/or to, inventions), trademarks, service marks, trade names, and business names (in each case including rights in goodwill attached thereto), design rights, rights in and/or to internet domain names and website addresses and all other intellectual property rights in each case subsisting at any time in any part of the world (whether registered or unregistered), as well as any pending applications or rights to apply for registrations of any of these rights that are capable of registration in any country or jurisdiction and any similar or analogous rights to any of these rights, whether arising or granted under the laws of Poland or in any other jurisdiction.
3. We own and reserve all rights, title, and interest in and to the Services, the content and data contained, provided, generated, created, posted, shared, or otherwise made available in or through the Services, including but not limited to: audiovisual materials (whether accompanied by sound or not), images, texts, characters, character names and aliases, character images, character likeness, designs, catchphrases, dialogues, sounds, animations, in-game items, in-game currencies, audio-visual effects, scripts, landscapes, abilities, descriptions thereof, game recordings, game broadcasts (the “Content”). Unless otherwise expressly allowed by us, you must obtain our direct permission to create any work of authorship based on the Content.
4. You may not access, use, copy, modify or distribute the Services unless expressly authorized by us or permitted by law. We own and reserve all other rights, titles, and interests to and in the Services and Intellectual Property Rights.
5. You are not entitled to use the Services in any other way than described herein, for example, lend, upload to or store on any website or server, sell, redistribute, copy, decompile, disassemble, reverse engineer, change or create derivative works based on the Services, its updates, or parts, unless otherwise expressly allowed by us.
6. You acknowledge and agree that you do not acquire any ownership rights by using the Services.
7. This license also covers all updates and/or additional components of the Services, which might be created and provided to you in the future.
8. If you provide us with any ideas, feedback, software code, information, works of literature or art, whatsoever, whether directly or indirectly, regardless of the form, whether written, oral or electronic (the “Feedback”), you, therefore, provide LICENSOR with a non-exclusive, worldwide, fully-paid, royalty-free, perpetual, irrevocable, transferable, sublicensable and assignable license to use, reproduce, incorporate, adapt, modify, change, amend, prepare derivative works, communicate to the public, publicly display, publicly perform, make available, sell, rent, lease, offer or otherwise exploit the Feedback for any and all current and future purposes and methods of exploitation, in whole or in part, alone or accompanied by other material, including any text, image or other creative elements that may be used.
1. You can use the Services either free or by purchasing the Additional Content, where available.
2. Game Currency. We may provide you with a license to access and use in-game currency, such as energy, coins, gems, emeralds, diamonds, or other fictional representations of virtual valuables (the “Game Currency”). The Game Currency can be purchased for real money and used to enhance your gameplay experience or to purchase certain virtual In-Game Items.
3. In-Game Items. We may provide you with a license to access and use certain virtual in-game items, such as playable characters, expansions, environment, customizations, or other cosmetic enhancements (the “In-Game Items”). The In-Game Items can be purchased for Game Currency, or for real money, where available.
4. Subscriptions. We may offer you to purchase subscriptions that provide access to certain content or services (Game Currency, In-Game Items, packs, bundles, passes, enhanced access, etc.) for a specified period of time, and intended to tailor your gameplay experience, depending on the game you play (the “Subscriptions”). Unless otherwise provided for in a respective Subscription plan, you will be charged automatically at the fee recurring interval applicable to the Subscription, until canceled or terminated. Upon cancellation or termination, you will not be able to access certain content or services of your Subscription plan. You can always manage your subscription settings, including the automatic renewal rule, by adjusting your Account, device, or the applicable platform’s settings.
5. After the respective payment has been received, we will do our best to deliver you Game Currency, In-Game Items, or Subscriptions (hereinafter collectively referred to as the “Additional Content”) without undue delay. Our duty to deliver is considered performed after the respective amount of Additional Content has been delivered to your Account.
6. It is in our sole and absolute discretion to determine the Additional Content and/or other acquirable content purchasing price and sales. You acknowledge and agree that you do not own the Additional Content and that you only acquire a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to access and use it.
7. Additional Content cannot be used outside of the Services. It has no real value and cannot be exchanged for non-game (“real”) currency, services, or property, neither by us nor by third parties.
8. Notwithstanding the above, we retain the right to, inter alia, delete, withhold, alter, remove, change, amend, replace, re-price, in whole or in part, any and all Additional Content and Content, at our sole discretion with or without further notice to you. We shall not bear the liability of any kind whatsoever based upon the above. Your sole remedy resulting from such is to stop using the Services.
1. We do not handle and are not responsible for handling payment transactions. All payments, transactions, and monetary operations are made by third-party payment service providers or payment processors. By making online purchases, you agree to be bound by their terms and conditions.
2. When making purchases, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If our payment service provider or payment processor brings to our attention that the information you provided, personal and/or financial, is untrue, inaccurate, or incomplete, or that there are reasonable grounds to believe that the information you provide is untrue, inaccurate, or incomplete, we are therefore entitled to annul related financial transactions and revoke all associated licenses acquired via such transactions.
3. Some purchases from Google Play are eligible for a refund, depending on the refund policies. If it’s less than 48 hours since you bought an app or made an in-app purchase, you can request a refund through Google Play. To request a refund, go to https://support.google.com/ and follow the instructions.
1. While using the Services, you must comply with the terms hereof, its integral parts, and any applicable laws, rules, and regulations in the jurisdiction in which you reside.
2. We reserve the right to take appropriate measures (including disciplinary measures) to protect, inter alia, us, our subsidiaries, parental companies, affiliates, directors, officers, employees, our software, services, and other subject matter, the reputation and goodwill thereof, at our sole discretion, against inappropriate behavior, regardless of whether such behavior is listed herein. The appropriate measures list is not limited and might be extended at our sole discretion as well, and as for the very date hereof include temporary and permanent bans, account suspension and/or termination and deletion thereof combined. However, we also reserve the right to cancel the measures taken at our sole discretion as well.
3. The following comprises the list of inappropriate behavior. However, the present list is not exhaustive and for your reference only:
a) Violation of these Terms of Use or any integral part hereof;
b) Spamming, trolling, threatening, flaming chat;
c) Offensive behavior, harassing, fraud, or other threatening;
d) Transmitting or communicating any content which we reasonably believe to be offensive or forbidden, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;
e) Transmitting or communicating any content using unlawful language, including the Account and/or password or other user identification means, as well as committing other actions which, in our sole and absolute discretion, are deemed to be offensive, including without limitation content, language, or actions that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, or may use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
f) Transmitting, using, or communicating cheats, bots (and any other computer program intended for performance of forbidden actions or getting additional advantages), as well as any other computer program or technical means that interfere with normal Services functioning, or aimed at getting additional advantages, which are not provided for by the rules, logics or technical capabilities of the Services;
g) Boosting services or similar activities.
1. You must comply with the terms of these Terms of Use in good faith.
2. You are entitled to perform actions covered by the technical capabilities and logics of the Services. Only use Services for your personal entertainment.
3. You are entitled to inquire us about defective functioning (technical failures, etc.) if such defective functioning is not caused by your actions, peculiarities of hardware and software used by you, quality of the Internet connection, as well as other circumstances that we are not responsible for.
1. Examine Services’ source code, modify or amend it, create new works on its basis.
2. Mislead us (in particular, over your personality, age, the scope of legal capacity, etc.).
3. Pass your username and password of the Account, as well as any other login information, to third parties.
4. Provide third parties (including, but not limited to family members) with a possibility to access the Services with your Account.
5. Use the Services in any way that interferes or may interfere with the normal functioning.
6. Make use of defects of the Services’ functioning whether such use results in additional advantages or not.
7. Violate any of the terms hereof.
7 WE ARE ENTITLED TO
1. Limit Services’ functionality or availability fully or partially at our sole discretion. We are not obliged to notify you of such and are not liable for any damage caused to you as the result of limitation of the Services.
2. Issue a warning regarding the violation of these Terms of Use or immediately terminate or suspend any or all Accounts that are used for accessing the Services in case of violation of the terms of these Terms of Use. We are not obliged to notify you before such termination or suspension.
3. Nullify your in-game progress and achievements of any kind at any moment for any reason whatsoever without the obligation to notify you.
4. Change at our sole discretion any and all Services’ parameters (as well as characteristics of Additional Content), including without limitations:
a) value and usage of the Additional Content;
b) the amount of fee to be paid for the use of the Additional Content;
c) the way to determine experience points and other parameters;
d) ways to interplay with Additional Content;
e) logics and technical capabilities of the Services;
f) ways to get access to the Services.
In case we learn about your illegal activity, we therefore shall have the right to inform law enforcement authorities about violations of the legislation committed by you and to pass to law enforcement authorities all available information about such violations. Should we receive a respective inquiry, we, therefore, are also entitled to pass such information to law enforcement authorities or other organizations that are eligible for obtaining such information under the applicable legislation.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY ABOUT THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, ERRORLESS OPERATION, OR RELIABILITY OF THE CONTENT OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS; THAT ALL THE ABOVE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOWNLOADING AND USING ANY PART OF THE SERVICES IS AT YOUR DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES OR SUBSIDIARIES WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DAMAGE CAUSED TO YOUR PROPERTY, LOST DATA OR OTHER INTANGIBLE, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR LIMITED AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS FROM AND AGAINST ANY CLAIMS, LAWSUITS, FINES, CHARGES, LIABILITIES, LOSSES, AND COSTS THAT ARISE AS A CONSEQUENCE OF YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE OR ANY INFRINGEMENT BY YOU OF ANY THIRD PARTY’S RIGHTS.
1. These Terms of Use are effective until terminated by either party.
2. We reserve the right to terminate these Terms of Use without further notice, in whole or in part, unilaterally at any time, at our sole discretion.
3. When we decide to terminate these Terms of Use, your Account will be dissolved, and your right to use the Services, Additional Content, and Content will cease.
1. These Terms of Use and all its integral parts are regulated by the law of the Republic of Poland.
2. The invalidity of any provision of these Terms of Use invalidates neither these Terms of Use as a whole nor other provisions thereof.
3. All disputes arising out of or in connection with these Terms of Use (including but not limited to disputes over the invalidity of these Terms of Use, as well as disputes over interpretation and performance of these Terms of Use) shall be governed by and construed in accordance with the laws of the Republic of Poland. Sole and exclusive venue for any action or proceeding arising under or related to this agreement shall be courts of Poland.
4. You agree to first inform us of any dispute by sending us a claim at least thirty (30) calendar days prior to any action of yours.
5. If a dispute is submitted to a court, the winning party is entitled to all reasonable damages connected to the court proceedings (including legal costs).
6. Non-performance of any provision of these Terms of Use either by us or by you does not constitute a refusal to perform such provision at a present or in the future, neither does it deprive other parties of the right to demand performance of such provision.
7. If you have any questions, please contact us at madcrush.game@gmail.com