1. DEFINITION OF CONCEPTS
In the text of this Agreement, the following terms are given the following meaning:
“Company”, “We”, “Our”, “Us” or any other similar derivatives (as the context requires) means the following entity: RAD BROTHERS, address of location: 115522, Russia, Moscow, Kashirskoe shosse 26k2, kv. 50 (including its branches and representative offices both on the territory of the Russian Federation and abroad, as well as any other persons created as a result of the reorganization of the Company), which owns the Application or manages it.
“Application Content” means all objects posted by the Company and / or third parties (with the permission of the Company) in the Application, including design elements, text, graphics, illustrations, virtual objects, virtual objects, videos, characters, themes, character names , storylines, dialogues, settings, sound effects, programs, music, sounds, information, notifications and any other similar objects, their collections or combinations.
“Updates” means a software patch or software package for the Application, which is released from time to time by the Company, is offered for free download by Users who are already using the Application, and is aimed at fixing the inoperative functions of the Application, eliminating bugs (errors) in the Application or introducing small software components to ensure greater security and compatibility of the Application with devices.
“Platform” means the cloud platform on which the Company has placed the Application for its subsequent use or download by the User.
“Application Software” means software developed by the Company (and / or third parties on behalf of the Company) for the Application, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
“User”, “You”, “Your” or any other similar derivative (as the context requires) means a person who (1) uses the Application and has access to the Services; and (2) has given its consent to comply with the rules for using the Application set forth in the text of this Agreement by using the Application.
“User Content” means (1) all publications made by the User in the Application, including, but not limited to, comments; estimates; reviews; reports; feedbacks; posted videos, photos, music and other media files; put down likes; ratings and / or any other forms of activity available to the User, as well as (2) any other content created by the User.
“Application” means an application / game developed by the Company, which the User downloads through the Platform to a smartphone or other device.
“Services” means collectively Application Content and Application Software.
“In-app purchase” means the receipt by the User for a fee of additional features and / or functionality for the Application and / or the purchase of any virtual goods / services within the Application.
2. JOINING TO THE AGREEMENT
2.1. This User Agreement (hereinafter the “Agreement”) defines the rules and procedure for using the Application, the rights and obligations of Users, and also regulates the behavior of Users when gaining access to the Application and Services.
2.2. The User accepts the terms of this Agreement by continuing to use the Application.
2.3. This Agreement is binding on its parties (i.e. for the Company and the User). The assignment by the User of his rights under this Agreement is possible only after obtaining prior written consent from the Company.
2.4. If you are the legal representative (parent, guardian) of a minor User, then you automatically agree on your own behalf and on behalf of such minor User to the terms of this Agreement.
Warning to Users
2.5. If the User accesses the Application and / or its Services through the Platform or social networks (for example, Facebook, Vkontakte, Odnoklassniki), then the User is automatically considered to be the one who has accepted the terms of the user agreement of such Platform or social network.
2.6. The User acknowledges that his agreement with the mobile network provider (hereinafter the “Provider”) will apply to the User’s use of this Application. The User also acknowledges that the Provider may charge the User from time to time for data transfer services when using certain functions of the Application, as well as any other fees and charges arising in connection with such transfer and for which the User undertakes to be responsible. If the User is not the payer of the Provider’s invoices on a smartphone or other device used to access the Application, it is assumed that such User has received permission from the payer of the invoice to use the Application.
2.7. The User is the only person responsible for checking and monitoring the compliance of the installed Application with the technical features / capabilities of the smartphone or other device and / or other restrictions that may be applicable to the User and / or his smartphone or other device by third parties, including the Internet provider.
3. USERS OF THE APPLICATION
General criteria and age
3.1. To use the Application, Users must meet the following criteria (cumulatively):
(1) be at least 3 years old; and
(2) not be limited in the right to access the Application and Services on the basis of a court decision that has entered into legal force, or in cases provided for by applicable law or the terms of this Agreement.
4. INTELLECTUAL PROPERTY
4.1. The User receives a non-exclusive, non-transferable and sublicense license for the Services ONLY for personal (non-commercial) use (hereinafter the “User License”). The User undertakes not to use the Services for any other purpose. The User receives the specified User License ONLY subject to ALL the terms of this Agreement.
4.2. The User License terminates automatically when the Application is removed from the User’s smartphone or other device. Nothing in the text of this Agreement should be construed as a right for the User to obtain any other license to use intellectual property belonging to the Company or in its possession, other than the one provided above.
Intellectual property of the company
4.3. The Company owns all, without exception, property rights, including intellectual property rights, to the entire Application Content, as well as the Application Software. The Application Software and the Application Content are protected by copyright in the manner prescribed by the current civil legislation of the Russian Federation, as well as international treaties and conventions in the field of intellectual property protection.
4.4. It is FORBIDDEN for USERS to copy, reproduce, modify, compile, distribute, display in any form, publish, download, transfer, sell (in whole or in part), alienate in any possible way for a fee or gratuitously, transfer to a sublicense, distribute in any way or use the Content of the application and the software of the application, unless such actions are DIRECTLY permitted by the terms of this Agreement or the current legislation of the Russian Federation.
4.5. Nothing in the text of this Agreement can be interpreted as a transfer to the User of any exclusive rights to the Application Content (in whole or in a separate part) and / or the Application Software.
4.6. The company owns all rights in relation to trademarks, commercial (business) names, brands, logos registered in its name (hereinafter “Trademarks”). Such Trademarks are protected by applicable law and NOTHING in the text of this Agreement can be construed as transferring any license to the User to use such Trademarks.
5. ORDER OF WORK WITH THE APPLICATION
5.1. The User undertakes to comply with the following rules when working with the Application:
(1) comply with all obligations assumed by the User in connection with joining this Agreement; and
(2) not upload, store, publish, distribute, post, advertise, send, provide access or otherwise use User Content that (a) contains threats, discredits, offends, defames honor and dignity or business reputation or violates the privacy of other Users or third parties; and (b) is spam, bullying, vulgar or obscene, contains pornographic images and texts, scenes of a sexual nature, including those involving minors, or scenes of violence, including sexual, against people or animals; and (c) contains any form of incitement to suicide and / or promotes or contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or ideology of racial superiority, or contains extremist materials; and (d) promotes violation of the rights or legitimate interests of other Users or third parties, or promotes a crime or contains tips / guidelines / instructions for its commission; and (e) violates other rules of this Agreement or is prohibited by applicable law; and
(3) not to take any actions (with or without automation tools) aimed at collecting any personal data of other Users; and
(4) not take any action or assist third parties in taking actions aimed at disrupting the operation of the Application and / or Services, including, but not limited to, (a) downloading viruses or malicious code; (b) take actions that may lead to the deactivation of the Application and / or the Services, to the disruption of the normal operation of the Application or its software, or to the deterioration of the appearance of the Application and / or the Content of the Application.
(5) not take any other action that is illegal, fraudulent, discriminatory or misleading.
5.2. The Services from time to time may include any virtual objects that the User can “earn” / receive during the game. The User is hereby deemed to be duly notified that such virtual objects (1) exist exclusively within the Application and are not intended for use in real life; and (2) have no other value / value other than what they have in the game; and (3) The Company may at any time without any prior notice delete, nullify, change and / or modify them without prior notice and / or providing any compensation to the User.
5.3. The Company releases itself from any liability for harm, damages, lost profits, loss of reputation and / or any other damage caused to the User by the loss, loss, deletion, zeroing, disappearance of any virtual objects due to (1) technical malfunction or failure of the Application, or (2) installing Updates, or (3) deleting the User’s account in connection with his violation of the terms of this Agreement, or (4) deleting the Application by the User on a smartphone or other device.
User rights to posted content
5.4. The User Content you create is an object of intellectual property, protected by applicable law, and therefore the Company does not claim to receive and does not require you to grant it any ownership rights to your User Content. Nothing in the text of this Agreement should be construed as depriving the User of the rights to the User Content created by him or their restriction.
5.5. At the same time, you provide the Company with a non-exclusive, royalty-free, worldwide license (hereinafter the “License”) with the right to transfer and issue sub-licenses to store, use, distribute, modify, launch, copy, publicly perform or display, translate your User-generated content and the creation of derivative works based on it.
5.6. The License issued by you in this way will automatically terminate if your personal account (cabinet) is deleted or if the Application is deleted from a smartphone or other device.
5.7. The Company undertakes to take all possible actions aimed at the complete removal of your User Content immediately after the circumstances arise to terminate the License, except in the following cases when: (1) part of your User Content was used by other Users (based on your previously issued License, in this case Your User Content will be available to other Users until another User deletes it); or (2) the User Content posted by you is evidence of any violation, misconduct or crime in criminal, administrative or civil proceedings, or its subsequent storage is required based on the requirements of applicable law or a request received from a competent government authority; or (3) in other cases specified in this Agreement.
User Content Requirement
5.8. Users are prohibited from downloading any User Content that may belong to third parties or the rights to use which were not provided to such User in the required amount. The User hereby undertakes to reimburse the Company for ALL DAMAGES AND LEGAL EXPENSES WHICH WERE INCLUDED IN CONNECTION WITH THE SUBMISSION OF CLAIMS BY THIRD PARTIES ABOUT THAT THE PUBLISHED USER’S CONTENT IS BREAKING OF THE LEGAL INTELLIGENCE.
5.9. The User is not advised to upload any User Content that may contain confidential or other personal information. The Company recognizes any User Content as such that does not contain confidential information at all, and therefore does not undertake any obligations to protect it from disclosure or encroachments by third parties.
5.10. The Company does not check and cannot check all the materials published by Users within the framework of the User Content they create, and therefore the Company is not responsible for the content of such User Content, for its use and / or its impact on third parties or other Users. Management or ownership of the Application does not mean that the Company endorses, supports, guarantees, distributes and / or believes in the information posted within the User Content. The user is responsible for his own protection and the protection of his device from viruses and other malware. The Company does not assume any responsibility for harm caused as a result of using the Application, its Services and / or User Content (including downloading it).
5.11. The Company has the right at any time to check the User Content for its compliance with the requirements of this Agreement or applicable law. At the same time, nothing in the text of this Agreement should be construed as a direct obligation of the Company to conduct any independent verification of the User Content only at the request of other Users or third parties.
5.12. If you are faced with User Content that violates the terms of this Agreement or the legal rights and interests of Users or third parties, you can send your complaint as follows:
Send an email to: firstname.lastname@example.org
5.13. If it is found that the User Content violates the terms of this Agreement or the provisions of the current legislation, the Company has the right, at its sole discretion, at any time, without the need to notify the User and take any responsibility in the future to remove such User Content altogether, and in in case of repeated violation – delete your personal account (cabinet).
Feedback on the application
5.14. Each User from time to time has the right (but not the obligation) to leave or send his ideas, feedback, suggestions or projects aimed at improving the operation of the Application or the quality of the Services provided. Such reviews can be sent by the User in the following way:
Send an email to: email@example.com
5.15. In the case of such an idea, feedback, proposal or project, the User automatically grants us a non-exclusive, royalty-free, worldwide license with the right to transfer and issue sub-licenses for storage, use, distribution, modification, launch, copying, public performance or display , translation of your ideas, reviews, suggestions or projects, as well as the creation of derivative works based on them.
5.16. Any such information provided to the Company is automatically considered non-confidential.
6. PLACEMENT OF ADVERTISING IN THE APPLICATION
Advertising by the company
6.1. The company has the right to post any advertising or marketing materials from time to time.
Placement of advertisements by third parties
6.2. The Application Content may contain links to third party websites and / or advertising or marketing materials about products / services provided by such third parties (hereinafter “Third Party Ads”). THE COMPANY DOES NOT ASSUME ANY LIABILITY (1) FOR THE CONTENT OF THE ADVERTISING OF THIRD PARTIES, AS WELL AS FOR THE AVAILABILITY, QUALITY AND SAFETY OF THE PRODUCTS / SERVICES MADE IN SUCH ADVERTISING; and (2) FOR ANY DAMAGES, LOSSES OR DAMAGES INCLUDED OR CAUSED BY THE USER AS A RESULT OF READING SUCH ADVERTISING, USING THEM PROMOTED IN THE ADVERTISING OF THIRD PARTIES GOODS / SERVICES.
6.3. In the event of a transition to another site through hosted advertising of third parties, the Company cannot guarantee that such a website is safe for the User and / or his computer. Nothing in the text of this Agreement should be interpreted as an assurance, encouragement, recommendation or inducement of the User to use third-party advertising, visit any third-party sites, as well as try, purchase, use any goods / services of third parties.
7. PAYMENT THROUGH THE APPLICATION
7.1. The application does not provide an opportunity to purchase any goods / services through it.
8. IN-APP PURCHASES
8.1. From time to time, the User may be asked to make certain In-app purchases – making such a purchase is an exclusive right, but not an obligation of the User. The purchases made by the In-app User are not subject to the validity / expiration date, such purchases (1) cannot be used outside the operation of the Application (i.e. in real life), and (2) cannot be exchanged by the Company and / or third parties for any real goods / services, and (3) cannot be exchanged for any other In-app purchases made by the User within this Application or any other mobile applications (unless otherwise provided by the functionality of this Appendix).
8.2. The user is hereby deemed to be duly notified that his purchase of an In-app purchase for a fee does not give him any ownership of such an In-app purchase. Instead, the User receives a limited, non-transferable, non-sublicense license for the right to use the purchased In-app purchase as part of the operation of the Application and exclusively for private (non-commercial) purposes.
8.3. The Company does not conduct and does not undertake to monitor Users for the correct operation of certain In-app purchases. The User has the right to notify the Company at any time that the In-app purchase made by him does not work and / or its download to the User’s smartphone or other device did not take place in full. In the event that your In-app purchase does not work or did not load and it is not possible to replace it or fix it, we guarantee the Users a refund of the money paid for the purchase of such In-app purchase. In this case, the refund will be made by the Platform through which the User made the In-app purchase.
8.4. If the User is under 18 years of age and he has made an In-app purchase, then the Company believes that the User has received all the preliminary necessary permissions from his legal representatives (parents, guardians) to make it.
8.5. If you have any questions regarding payment for an In-app purchase, you should address such questions directly to the Platform through which such a purchase was made.
8.6. The User loses the right to refuse to pay for the In-app purchase from the moment it is downloaded to the smartphone and / or any other device of the User.
8.7. Payment for In-app purchases is made using real currency (cash) and is made through the Platform.
8.8. All transactions made by the User to receive In-app purchases are subject to the terms of the User Agreement and other license agreements of the Platform used to pay for such In-app purchases. The User is hereby deemed to be duly notified that billing (invoicing) and the transactions themselves are carried out exclusively by the Platform. The Company does not have access to the list of completed transactions of the User for the implementation of one or another In-app purchase. If the User intends to familiarize himself in more detail with the terms of the User Agreement and license agreements of the Platform, he must click on the following link:
for the App Store: https://www.apple.com/legal/internet-services/itunes/us/terms.html
for Google Play: https://play.google.com/about/play-terms/index.html
For Microsoft Store: https://www.microsoft.com/storedocs/terms-of-sale
8.9. In-App subscriptions can be monthly, quarterly, or yearly.
8.10. The subscription is subject to AUTOMATIC UPDATE BEFORE THE USER REFUSES IT.
8.11. The first 7 days, the subscription is free for Users. After the expiration of the specified period, the User gets access to the content only if the subscription is prepaid.
8.12. If there is a delay in payment for the subscription, the User’s access is blocked until the payment for the subscription is made in full.
8.13. The user has the right to subscribe at any time by performing the following actions:
(1) Select the required subscription in the Application
(2) Make payment
8.14. If the User cancels the subscription during the free (trial) period, then such User may immediately lose access to the content. In case of cancellation of an already paid subscription, the User does not have the right to demand any proportional or full refund of the previously paid amounts for the subscription and continues to use the content until the expiration of the paid subscription period.
8.15. The user has the right to unsubscribe at any time by performing the following actions:
(1) Select the required subscription in the settings of your personal account
9. ACCESS TO THE APPLICATION
9.1. The Company reserves the right to change or modify the Content of the Application at any time without giving a reason, at its sole discretion and without the need to notify the User about it. The Company also reserves the right to modify, discontinue or discontinue part or all of the Application at any time without any additional notice. In connection with the foregoing, the Company does not assume any responsibility to Users or third parties for any changes, modifications, deletions, cancellation, termination or interruptions in the operation of the Application.
9.2. The Company does not guarantee that the Application and Services will be available to the User at all times. From time to time, the Company may encounter problems with the operation of equipment, application software or other problems, and therefore the Company may take time to investigate and eliminate such problems. Such elimination of errors may lead to failures, delays or errors in the operation of the Application. The Company reserves the right to change, revise, update, suspend, discontinue or otherwise modify the Application at any time or for any reason without prior notice. The User agrees that the Company is not responsible for any loss, damage or inconvenience caused by the User’s inability to access or use the Application during the downtime or termination of the Application. Nothing in the terms of this Agreement will be construed as obliging Us to keep the Application running without interruption or interruption.
9.3. From time to time, the Company may provide Updates and require their installation on a smartphone or other device of the User. In this case, the User is the only person responsible for the installation of Updates and is fully responsible for any losses, losses, damage or lost profits caused to the User by untimely installation of Updates or failure to install them at all, incompatibility of the installed Updates and a smartphone / other device. The Company does not provide any technical support or Internet connection to the User to be able to access the Services and / or their Updates.
9.4. The user has the right to stop using the Application at any time by deleting it from his smartphone or other device.
9.5. In the event of (1) violation by the User of the terms of this Agreement or when the Company has reasonable grounds to believe that such violations were committed; and / or (2) violation of intellectual property rights of the Company, other Users or third parties; and / or (3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties, or undermine the operation of the Application or the ability to use the Application by other Users; and / or (4) the User uses the Services or the Application in a way that may result in legal liability for the Company in the future; and / or (5) if required by applicable law or the competent state authority, the Company has the right, without prior notice, at any time to terminate (stop) the User’s access to the Application and Services by deleting his account.
Upon the occurrence of the circumstances set out in the previous paragraph, the User is prohibited from creating any other accounts in the Application in the future.
9.6. In all cases of deleting the User’s account or deleting the Application from the smartphone or other device of the User, all data and information posted by the User in the account and / or associated with it will be irrevocably deleted. The Company does not assume any responsibility for the deletion of such data and information, as well as for any harm, damage, loss or loss of profits caused to the User by such deletion and / or lack of access to the Services in general.
In addition, the User does not have the right to demand any refund for a previously paid subscription.
Consequences of deleting an account for in-app purchases
9.7. Regardless of who initiated the deletion of the User’s personal account, the Company is not obliged to reimburse or compensate the User for the cost of previously made In-app purchases. The User hereby confirms that he will not demand and has no right to demand from the Company any refund or money for unused In-app purchases.
10. ASK A QUESTION
10.1. If you have any questions regarding the terms of this Agreement or the procedure / method of their execution, you can address your question to us in the following way:
Send an email to: firstname.lastname@example.org
10.2. Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period of time.
11.1. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR ANY THIRD PARTIES:
(1) FOR ANY INDIRECT, RANDOM UNINTENTIONALLY DAMAGE INCLUDING LOSS OF PROFITS OR LOST DATA, DAMAGE TO DIGNITY OR GOODWILL CAUSED BY USING APPLICATIONS, SERVICES OR OTHER MATERIAL TO WHICH THE USER OR OTHER PERSON BE ACCESSED BY THE APPLICATION EVEN IF THE COMPANY WARNED OR INDICATED THE POSSIBILITY OF SUCH HARM; and
(2) FOR THE ACTIONS OF OTHER USERS, FOR THE USER’S POSTED CONTENT, FOR PRODUCTS / SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN WHEN AVAILABLE TO BE ACCESSED TO and
(3) in cases directly provided for by the terms of this Agreement or the norm of the current legislation.
11.2. Our liability for anything related to the use of the Application and / or Services is limited to the extent permitted by applicable law.
12. PROCEDURE FOR RESOLUTION OF DISPUTES
12.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, disputes are subject to resolution in the manner prescribed by the current legislation of the Russian Federation.
13. FINAL PROVISIONS
13.1. We may revise, amend or change the terms of this Agreement from time to time. Such changes are usually not retrospective.
THE COMPANY DOES NOT ACCEPT ANY OBLIGATION TO NOTIFY THE USERS OF ANY IMPROVING OR PERMITTED CHANGES TO THE AGREEMENT TEXT. By joining the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions.
If, after the changes or additions made to the text of the Agreement, the User continues to use the Application, this means that he is familiar with the changes or additions and accepted them in full without any objections.
13.2. Unless otherwise expressly indicated in the provisions of this Agreement or does not directly follow from the norms of the current legislation, the substantive law of the Russian Federation shall apply to the terms of this Agreement.
13.4. If one or more of the terms of this Agreement has lost its legal force or is declared invalid according to the current legislation, the remaining terms of the Agreement do not lose their force and continue to act as if the invalid or invalidated condition did not exist at all.
13.5. Access to the Application and its Services is provided to the User “as is”, We do not promise, guarantee, do not imply that the Services and the Application may or may not suit your needs, goals, expectations, and therefore we do not guarantee any specific result or consequences as a result of your use of the Application and its Services.