Jump to content
Search In
  • More options...
Find results that contain...
Find results in...

logo.png

logo.png

logo.png

Spykenet Agreement

This document "User Agreement" is a proposal of FLP Bonch-Bruyevich Sergey Eduardovich (hereinafter referred to as "Spykenet").

If you download, upload, run or otherwise use Spykenet Games, including if you begin to participate in the gameplay, you acknowledge that you have fully read, understand, agree and accept the following User Agreement, agree to abide by it, and are responsible for its violation.

This User Agreement (the "Agreement") governs the relationship between you, the Game user and Spykenet. The User and Spykenet may also be referred to individually as a "Party" and collectively as "Parties".

Unless the context otherwise implies, when terms in this Agreement are used in the singular form, the plural form is also used and vice versa.

1. terms used in the Agreement:

1.1 "Game" means the appropriate mobile game Spykenet, which is a program for the computer and which is a combination of data, commands and generated by it audiovisual displays ("data" and "commands"), activated in order to obtain a certain result provided by the User in the Game scenario.

In order to use the Game within the limits set forth in this Agreement, the User reproduces the Client part of the Game, which is a set of data and commands, on his/her Mobile Device, while a set of additional data and commands (including "cloud" storage) is hosted by Spykenet on the servers of the Game.

The Game also includes (among other things):
a) game chat; 

b) the servers of the Game; 

c) server and other software; 

d) Shop and Game Values; 

e) databases 

f) other resources of Spykenet necessary for the use of the Game under this Agreement.

1.2. Game Account - is an account of User in the Game created automatically by the system of the Game that belongs to Spykenet and is a set of information about User required to use all features of the Game according to this Agreement, including, but not limited to: authorization (authentication) of User in the Game, access to information about User, settings, Game Values, purchase of game currency in the Store, saving game progress in "cloud", statistical indicators, and other A Game Account is formed when User meets the terms and conditions of this Agreement (including Section 4.7); in this case, the name of the Game Account is displayed in the "Profile" section of the main menu of the Game, for example: Login. The Game Account will be linked to the User's User Account.

1.3. Game items - various items in the game (resources, game currency, etc.).

1.4. Shop - is an element of the Game located on the interface of the Game, through which User may purchase Game items for game currency. Game currency can be purchased by User for a fee or otherwise as described in this Agreement.

1.5. game client part - software to be installed on Mobile Device required to use the Game, including the use of data and commands placed on servers of the Game.

1.6 Mobile Device - is a smartphone, tablet or other device of the User which meets the following requirements

- legally used operating system Android version not earlier than 4.1 or iOS version not earlier than 11.0;

- device passed the compatibility test when downloading/installing the Client part of the Game on Google Play or App Store;

- has access to the Internet;

- a minimum of 1 GB of memory (RAM);

- a minimum screen resolution of 640×480 pixels.

1.7. User (Player) means an individual who uses the Game in accordance with this Agreement for personal and noncommercial purposes.

1.8 Account - the User's Google Account (Google ID), which is necessary to use Google Play (making purchases, downloading applications, etc.) or the User's account that provides access to the various functions and services of the Apple (Apple ID), which is necessary to use the App Store (making purchases, downloading applications, etc.).

1.9 App Store - digital distribution platform for iOS devices and the corresponding mobile application for these devices.

1.10. Google Play (Play Market) - digital distribution platform for Android devices and the corresponding mobile application for these devices.

1.11. FLP Bonch-Bruyevich Sergei Eduardovich - Individual Entrepreneur TIN 3461215075 , registered in accordance with the laws of Ukraine at the address: Kherson region, Skadovsk, Independence Street, 118. Within the framework of this Agreement the term Spykenet may also include authorized representatives of Spykenet: Moderators and User Support Services (see Sections 11 and 12 of the Agreement), as well as administrators (editors, moderators) of official online communities of the Game (VKontakte, Facebook, Instagram).

In the Agreement may be used other terms and definitions not specified in this section 1. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. If there is no unambiguous interpretation of a term or definition in the text of the Agreement, it should be guided by its interpretation determined: firstly - by the legislation of Ukraine, secondly - by international legal acts, and in the subsequent - by the custom of business turnover or scientific doctrine.

2. Subject matter of the Agreement

2.1 Conditions of the Agreement. Before using the game, the user must read and accept the terms of this agreement.

This agreement is concluded at the moment of acceptance of the terms of the Agreement by the User. Actual use of the game by User also means their acceptance of the terms of this agreement and is equivalent to the conclusion of this agreement. User assumes the obligation to comply with the terms of this agreement at the time of conclusion of the Agreement.

2.2 The right to use the Game. Under this Agreement, Spykenet grants the User the right to use the Game to the extent, manner, time and territory specified in the Agreement, subject to the observance of the Agreement by the User.

2.3 The procedure for using the rights to the Game. The User has the right to use the rights to the Game on a royalty-free basis. The scope of the rights granted to the User is defined in section 3 of this Agreement.

2.4. License for the Game. User is granted a non-exclusive license to use the Game under the terms and conditions of this Agreement at the moment the corresponding amount of data and commands are reflected in the User's Game account (if any) or the Game profile when it is run on their Mobile Device.

2.5. Territory. Spykenet may, at its sole discretion, determine the territory within which the rights to use the Game are granted in accordance with this Agreement.

3. Limits of Use of the Game

3.1 Scope of Rights of the User. The User may use the Game to the extent permitted by Spykenet, including:

3.1.1. Play the Client part of the Game by installing and running it on the Mobile Device;

3.1.2. Use the Game subject to the terms of the Agreement, for which the User may 

a) use the software features of the Game, including to achieve a specific result of the Game scenario, on a royalty-free basis (if initially there is no charge for the rights); 

b) purchase game currency in the Store and use it, including for obtaining a result determined by the Game scenario; 

c) if complying with the terms and conditions of this Agreement, contact and get help (advice) from the User Support Service (USS)

d) use the Game in other ways allowed by Spykenet in accordance with the Agreement.

3.2. Beta Testing. In the case of obtaining the rights to participate in beta testing of the Game, the User acquires the status of a beta tester. In order to participate in beta testing, User must give their consent by clicking on the appropriate link on the Game page on Google Play or the App Store. By participating in beta testing User agrees to change their current version of the Game into a beta version. Beta testing is conducted solely for the purpose of evaluating the software features of the Game and identifying bugs. Spykenet is not responsible for events occurring during the beta process. The user acknowledges and understands that participation in beta testing is at his/her own risk and that the Game may contain bugs in this mode. Any commands and data may be deactivated and deleted from the Game accounts and player profiles at any time during beta testing or after the end of beta testing. Spykenet is not responsible for ensuring uninterrupted access to the Game, for preserving the User's game progress and purchased game values, as well as for the possibility of using them during the beta testing period. Access to beta testing may be terminated at any time for violation of this Agreement. If a beta tester violates the terms of use of the Game during beta testing, Spykenet may restrict/terminate such person's rights obtained under this Agreement with respect to the Game.

The terms of this clause also apply to Users who, during the beta test, decide to opt out before the end of the beta test.

4. Conditions and requirements for the use of the Game

4.1 Competence. The User hereby represents that he or she has the legal capacity to enter into this Agreement. If the User is a minor or partially incapacitated according to the laws of the territory of his/her location, the User affirms that he/she has received the consent of his/her parents or other legal representatives to enter into this Agreement in the manner prescribed by law.

4.2 The absence of medical contraindications. The User accepts that the Game may contain graphics, audio and video effects that may, under certain circumstances, exacerbate epileptic and other neurological disorders in individuals prone to them, and confirms that he does not suffer from the aforementioned disorders, and will not use the Game otherwise.

4.3 Reasonableness of Use. The User understands and agrees that regular prolonged use of the Mobile Device may cause various health problems, including impaired vision, scoliosis, various forms of neurosis and the like. The User warrants that they will use the Game only for a reasonable amount of time, with breaks for rest and prevention of impairments.

4.4 Use of Third-Party Materials. The Game can contain links to Internet sites, programs, photo, video, audio, graphic and text materials belonging to third parties. User understands and hereby agrees that the inclusion of links to Internet sites or materials of third parties in the Game and Game-related resources does not mean that Spykenet endorses, approves or recommends said sites or materials. The User uses the sites, software and materials of third parties solely at his/her own risk, including during the gameplay.

4.5. legal restrictions. The User may not use the Game if the laws of their location prohibit the use of the Game or impose other restrictions, including age restrictions, on the use of the respective Games. In this case, the User is responsible for the use of the respective Game.

4.6 User Material. User understands and agrees that User is responsible for any material or other information that User posts in the Game or related resources, chat rooms, or otherwise communicates to other users or makes available to the public.

4.7. Technical Requirements for Use of the Game. To obtain the right to use the Game, the User must:

1. log in to their Account before downloading and installing the Customer part of the Game;

2. Install the Client part of the Game on your mobile device. Customer part of the Game is distributed by Spykenet solely by placing it on Google Play and App Store both for free and for a fee.

Requirement of connection, authorization and update. In accordance with the established technical requirements, the user can use all the features and rights to the Game in online mode and by signing in under his account on the mobile device with the activation service "Google Play Game" for the Android version of the Game or with the activation service "Game Center" for iOS version of the Game, as well as using the current version (updated to the latest version) of the Game.

5. Obligations of the User

5.1 The User shall:

5.1.1 Observe the terms of this Agreement. In the event that the User does not agree with this Agreement, the User must discontinue use of the Game, including the uninstallation of the Customer component.

5.1.2. Use the Game and Game Values solely within the scope established by this Agreement.

5.1.3. Take steps to ensure the security of their Game Account, their User Account and to prevent unauthorized use by third parties. The User undertakes not to disclose or transfer to third parties their personal information, which may be used for authorization (authentication) of the User in the Game (hereinafter referred to as the "game access information").

5.1.4. Subject to clause 6.2.4. of the Agreement, carry out instructions from Spykenet received individually or generally in the Game, resources related to the Game, including the official online communities of the Game (VKontakte, Facebook, Instagram) and other means of communication (e-mail, etc.). Spykenet has the right to suspend, limit or terminate this Agreement, access to the Game in case of non-compliance with such instructions.

5.1.5. at the request of Spykenet, provide or confirm the information necessary to comply with the terms of the Agreement or comply with the law.

5.1.6. Indemnify Spykenet, other users and other third parties for any losses incurred by them in connection with the actions of the User, including due to the violation of this Agreement, intellectual property rights and other rights or the law.

5.1.7. Observe the rules of conduct specified in this paragraph.

The User is forbidden:

1. Copy, broadcast, send, publish or otherwise distribute and reproduce text, graphics, audio or video materials of the Game without the written consent of Spykenet.

2. explore the program code, decompile, disassemble, modify the Game, its parts and elements, as well as create derivative products based on the Game, its parts and elements without the written consent of Spykenet.

3. Translate the Game into other languages without the consent of Spykenet.

4. Distribute (including offering, selling) for commercial or noncommercial purposes:

- Client part of the Game or copies thereof, both by distribution on tangible media, and by posting on the Internet for access or download by certain persons or an unlimited number of persons;

- data and commands, audiovisual elements, images, as well as other objects of intellectual property present in the Game (except as allowed by Spykenet).
5. To transfer, alienate rights to the Game, for commercial or noncommercial purposes to third parties, including by transferring data for access to the Game, entering into any contract (sale, exchange, donation, etc.) or in any other way.

6. To use, purchase the Game account or data for access to the Game of another user.

7. To sell (offer for sale) and/or purchase Game items for real money, goods or services outside of the Game Store.

8. Use the Game in ways that are not stipulated by this Agreement or beyond the normal gameplay process, including by launching and using the Game: with the help of various emulators not on the Mobile Device; on a mobile device with a hacked (illegally modified) operating system or software ("jailbreak", getting "root" rights, etc.).

9. To use autoclickers, automated scripts, crackers, modifiers and other programs for collecting information or other kind of interaction with the Game (including those that imitate pressing keys in the interface or performing certain actions in the Game).

10. To post malicious programs or links to resources that contain or may contain such programs.

11. Commit criminal and other illegal actions in the Game, including provoking Users for violation of this Agreement, as well as promote or place guides for such actions. Illegal actions include, but are not limited to:

11.1. actions aimed at obtaining data for access to the Game, personal data of Users, including luring or extorting this information from Users;

11.2. carrying out financial scams and/or electronic fraud, including: posting links to third party resources disguised as official Spykenet resources; sending any messages to Users on behalf of Spykenet, including with an offer to transfer data or install software; impersonating Spykenet representatives;

11.3. Using (including transferring, receiving) Game Values obtained as a result of a violation of the Agreement.

12. discuss the actions of Spykenet in the Game.

13. Begging (requests to transfer/transfer real money, Game Values, etc.), aimed at individual or all Users, as well as on Spykenet.

14. Use of vulnerabilities, bugs, bugs of the Game, duping, including for the purpose of obtaining any advantages in the game, Game Values.

15. Posting information (messages) in the game:

15.1. violate any of the above parts of clause 5.1.7 of the Agreement;

15.2. for the purpose of sending inappropriate information (spam, flooding, excessive text transfer, duplicate messages, etc.)

15.3. containing objects of intellectual property without consent of their rightholders;

15.4. contains personal information (home addresses, phone numbers, passport data etc.) without consent of a natural person;

15.5. containing advertising, commercial offer, propaganda and any other intrusive information (except for cases permitted by Spykenet);

15.6. which offends or disparages the honor and dignity of other users or Spykenet representatives;

15.7. containing obscene, profane or abusive words or phrases;

15.8. of pornographic or erotic nature;

15.9. containing elements of cruelty, racial, ethnic or religious hatred, sexual discrimination;

15.10. promotes, displays or contains Nazi, extremist or other similar attributes, symbols, names and other similar symbols or objects

15.11. that contains threats or calls to violence or committing other unlawful acts

15.12. contains propaganda, advertising or other activities encouraging the use or distribution of drugs.

16. Use of a nickname in the game:

16.1. violate any of the sub-clauses 15.3 - 15.12 of part 15 of clause 5.1.7 of the Agreement;

16.2. containing information that can cause the false perception of the User as a representative of Spykenet.

17. Engage in any other activities that, in the opinion of Spykenet, violate laws, standards of morality and ethics or are undesirable.

6. Rights and Obligations of Spykenet

6.1. Spykenet undertakes:

6.1.1. Enable User to use the Game under the terms and conditions set forth in this Agreement.

6.1.2 Provide to the User the game currency purchased in the Shop, provided that the User has made the license payment established by Spykenet and subject to the terms of this Agreement.

6.1.3. Subject to the terms of this Agreement, provide advice and assistance to Users when they contact SPP.

6.1.4. if necessary, inform Users about major upcoming changes in the Game, the technical works performed by publishing appropriate information in the official online communities of the Game.

6.2. Spykenet has the right to:

6.2.1. unilaterally limit, expand, supplement, modify, and otherwise change the Game, its technical features, any elements or parts of the Game; modify Game play scenarios, including Game play modifications, etc. at any time without prior notice to User.

You may modify the Game and its components, including through the creation and installation of new parts of the software (patches, updates). Their purpose may be, for example, to improve or change the gameplay or add new features and commands to the Game, which may result in termination or suspension of the rights to use certain features of the Game.

The User understands and hereby acknowledges that these actions are an integral part of the creation and operation of the Game and agrees to these actions by Spykenet without prior notice to the User.

6.2.2 At any time, modify or delete any information posted by User in the Game, including statements and announcements by User.

6.2.3. restrict or terminate User's rights to use the Game in accordance with this Agreement, including, but not limited to, the following sanctions, in case of User's violation of Section 5 of this Agreement

- "mute" - deprivation of the ability to send messages in the Game (write in chat) for a period determined at the discretion of Spykenet;

- "ban" - restriction/termination of access to the Game (restriction/deprivation of the ability to communicate and interact with other players in any way) in the "Online" game mode for a period determined at the discretion of Spykenet, up to and including permanent blocking;

- Blocking of access to the Game for a period determined at Spykenet's sole discretion, up to and including permanent blocking.

In exercising this right, Spykenet shall not be obligated to provide the User with evidence of the User's violation of the terms of the Agreement that resulted in sanctions being applied to the User.

Repeated and multiple violations lead to the application of stricter restrictions. All sanctions are imposed as soon as possible depending on the seriousness of the violation, and no data or circumstances, including the history of the Game Account, number of purchases, give any advantage in applying the sanctions.

Sanctions can also be applied to Users, who, regardless of the form of guilt, are accomplices in the violation of the rules of conduct (clause 5.1.7 of the Agreement).

Sanctions shall be applied subject to the provisions set forth in the Google Play and App Store Terms of Use (hereinafter "Terms of Use").

6.2.4. Reprimand, warn, notify, inform Users about non-compliance with the terms of the Agreement.

6.2.5. At any time terminate the right to use the Game, including the rights to Game Values, without any compensation, subject to the terms and conditions of this Agreement.

6.2.6. unilaterally suspend, limit and/or terminate this Agreement with respect to the Game for any or all Users at any time without compensation, including in the event of non-compliance with the terms of this Agreement.

7. Limitation of Liability of Spykenet

7.1 No liability for the actions of the User or third parties. Spykenet is not responsible for:

7.1.1 Unlawful and other actions of the User or third parties that prevent other users from using the Game.

7.1.2. behavior and statements of Users in the game, including disrespectful treatment of other users.

7.1.3 Loss of User access to their Account, access to the Game, including due to loss of username, password, or other necessary information. The cases in which it is possible to completely lose the Account, the Game Account and all values related to it include, among other things: loss of Mobile Device, its password, as well as unauthorized modification of the operating system or software ("jailbreak", "root" rights, etc.).

Incomplete, inaccurate or incorrect data provided by the User when creating an Account. 7.1.5.

7.1.5 User's lack of access to the Internet and the quality of Internet service providers.

7.1.6. Material of third parties placed in the Game or on third parties' sites accessible through links from the Game.

7.2 Absence of Warranties. User understands and agrees that Spykenet provides the Game in an "as is" condition and makes no warranty with respect to the Game except as expressly set forth in this Agreement. Spykenet does not warrant that:

7.2.1 The Game will meet User's subjective requirements and expectations.

7.2.2. the processes in the Game will be uninterrupted, fast, reliable, without technical failure or error.

7.2.3 The results that can be obtained through the use of the Game are error free and correct.

7.2.4. The quality of the gameplay, aspects of the Game, Game values, as well as information obtained through the use of the Game will meet the expectations of the User.

7.2.5. the Game will be available for use 24 hours a day, at any given time, or during any given period of time.

7.3 Limitation of Liability. Spykenet shall not be liable for any direct or indirect damages or lost profits of the User or third parties resulting from:

7.3.1 Use or inability to use the Game.

7.3.2. statements or conduct of the User or third parties in the Game.

In all circumstances, Spykenet's liability to the User is limited to the amount of the royalties received by Spykenet from the User in accordance with paragraph 8.1 of the Agreement, until the occurrence of the circumstances giving rise to liability Spykenet.

7.4 Force Majeure and actions of third parties. The Parties shall be exempt from liability for full or partial failure to perform their obligations under this Agreement if such failure is a consequence of force majeure (force majeure), including riots, prohibitive actions of the authorities, natural disasters, fires, disasters, failures in telecommunication and electrical networks, malfunction of the Game servers through the fault of hosting providers, actions of malicious programs of third parties, as well as unfair actions of third parties to obtain unauthorized access or disabling of the software or hardware complex.

8. License fees

8.1 General Provisions.

8.1.1. The User agrees that the Game is not a gambling game, a game for money, a contest or a bet.

Under the terms of this Agreement, the User pays license fees in favor of Spykenet:

- when purchasing game currency;

- when purchasing the right to use the Customer part of the Game.

Buying game currency or the Customer part of the Game is the realization of the User's own will and desire.
8.1.2. in addition to the purchase of the Customer part of the Game may be provided to the User by other official means provided by Spykenet, including for participation in contests, quizzes and other events.

By purchasing the Customer part of the Game on Google Play, the User receives only the right to use the Android version of the Game on the respective devices, and by purchasing the Customer part of the Game on the App Store the User receives only the right to use the iOS version of the Game on the respective devices.

8.2 Game currency.

The User may use game currency within the limits established by Spykenet.

Game currency is a part of the Game that the User receives:

- when performing certain actions provided for by the program features of the Game;

- for viewing advertisements in the Game;

- other official ways provided by Spykenet, including for participation in contests, quizzes and other - events;

- after a purchase in the Store, subject to the payment of the license fee established by Spykenet.

When making purchases of in-game items in the Store, in-game currency purchased for a fee is spent first.

8.3. Game Currency and Client Part of the Game. Game currency is deemed provided to the User from the moment the respective amount of game currency is displayed in the interface of the Game, and the Customer area of the Game from the moment the payment is confirmed by Google Play or the App Store (User receives the respective receipt), depending on the version of the Game purchased, or from the moment of the promo code activation received from Spykenet. The right to use game currency is granted to the User for the duration of this Agreement, unless otherwise provided by the scenario or mechanics of the Game, and the right to use the Customer part of the Game - for the duration of this Agreement.

8.4. Size of the fee. The amount of the license fee is determined by Spykenet unilaterally and is specified in the Store (for game currency) or on the corresponding page in Google Play or App Store (for the Customer part of the Game). The amount of payment may be expressed in different currencies. The operator of the payment method may charge a fee in excess of the established Spykenet fee. The User understands and hereby agrees that when making a payment through certain payment methods, the final amount of the fee (taking into account the commission and the applicable exchange rate) may be different from the amount of the license fee established by Spykenet.

Granting to the User the rights to the game currency and the Customer part of the Game is carried out only if the User has made the appropriate payment in full, in this case, before receiving confirmation of payment in full from Google Play or the App Store, Spykenet has the right not to grant the User the appropriate rights.

The amount of the license fee may be changed unilaterally by Spykenet at any time without prior notice to the User.

8.5 Payment procedure and methods.

8.5.1 Payments shall be made by the User authorized in the Game by transferring funds to Spykenet through supported payment methods (such as VISA, MasterCard, PayPal) and in compliance with the rules for purchases on Google Play or the App Store (hereinafter - Rules of Shopping). The shopping rules and the list of available payment methods shall be unilaterally determined by Google Play or the App Store.

When making payments, the User shall follow the instructions of the respective payment methods and the Terms of Purchase. The game currency and the Customer part of the Game are provided to the User solely on condition that he correctly executes the payment instructions and complies with the Terms of Purchase. Spykenet shall not be liable for the rejection of a payment of the User by the operator of the payment method or as a result of operator error.

The User is obliged to specify accurate data when making payments. The User shall bear all the risks of negative consequences associated with indicating incorrect data when making a payment.

If after the payment, due to a technical error, the User will not be provided with the Customer part of the Game, game currency, or will be provided with game currency in the amount not corresponding to the money paid, the User shall immediately notify Google Play or App Store, following their Terms of Purchase. In case of their refusal, Spykenet will do its best, but is not obligated, to provide the User with the rights to the Customer part of the Game or the game currency (if technically possible) in the amount paid by the User.

8.5.2. Spykenet does not provide refunds to the User of the game currency, the Customer part of the Game or their value in cash or any other equivalent due to the fact that

- The Game, Game Values, Game Currency or any other element of the Game does not meet any of User's requirements, perceptions or expectations;

- User has lost his or her game progress, access to the Game or his or her Account;

- User has changed his/her mind and wants to refund the money;

- A payment was made by mistake;

- When making a purchase from the Store, the User was not authorized in the Game;

- The User has violated the terms of this Agreement, the rules for making purchases, the instructions of the payment operators, the laws of the country where the Game is used or the payment is made, not received the consent of his or her legal representative, including when making a purchase.

In addition, Spykenet does not provide a refund to the User if the paid game currency was spent in the course of the gameplay.
8.6 Payment methods. For questions about the rules and procedures of payment methods the User should contact directly the operators of the selected payment methods. The User should contact the operators of the relevant payment methods or the Google Play or App Store directly regarding the refund of the money paid by the User by mistake or in violation of the rules of the payment methods or the law.

8.7 Consequences of improper actions when making a payment. The User hereby confirms that he/she has the right to make the payment and use the payment methods chosen by him/her, without violating the rights of third parties and the laws of the country where the Game is used or the payment is made.

The User agrees to compensate Spykenet, other users and other third parties all losses incurred by them in connection with the unlawful behavior of the User, including the use of funds not belonging to him for payment.

Unless otherwise provided in this Agreement or by applicable law, Spykenet reserves the right to unilaterally suspend or terminate this Agreement for any reason, including if Spykenet has reason to suspect that the User has engaged in misconduct in connection with the payment of a license fee. Spykenet shall not be obligated to pay such User any compensation, including reimbursement of any monies expended.

If Spykenet has reason to believe that the User is engaging in misconduct in connection with the payment of a license fee, Spykenet shall have the right to forward relevant information to law enforcement authorities for inspection.

8.8 The inadmissibility of acquiring rights from third parties. Game currency and the Customer part of the Game may only be provided by Spykenet through Google Play or the App Store, in this regard, no offers of third parties to provide game currency and the Customer part of the Game shall be regarded by the User as offers coming from Spykenet.

The User must immediately notify Spykenet of known cases of providing game currency and the Customer part of the Game or receiving related offers from persons not authorized by Spykenet.

If the User has made a payment to persons not authorized by Spykenet in violation of this Agreement, the User's claims are not accepted. Spykenet will not reimburse any monies spent by the User under such circumstances, nor will Spykenet provide game currency or the Customer portion of the Game.

In the event that it is determined that the User has received game currency or Customer Game Content from third parties not authorized by Spykenet, Spykenet has the right to suspend, limit, or terminate this Agreement at its sole discretion.

The receipt by the User of game currency or the Customer part of the Game from persons not authorized by Spykenet does not exempt the User from the obligation to comply with this Agreement. Spykenet also reserves the right to apply any measures specified in this Agreement. No refund of any payment made by the User in such cases shall be made.

8.9 Account Status Tracking. The User is obligated to independently monitor the status of their Game Account, in particular, with regard to the correct display of game currency that has been purchased by the User.

8.10. Termination of Usage Rights. User understands and agrees that the rights to game currency and the Customer component of the Game are granted for the period of time specified in Section 8.3 of the Agreement. Termination of the rights does not give the User the right to demand from Spykenet a refund of the license fee.

If, as a result of a technical error, failure or actions of the User received the game currency or the Customer Part of the Game without payment, the User shall notify Spykenet and pay the due to Spykenet license fee if the User began using them. Otherwise, Spykenet has the right to independently, without notice to the User to eliminate the consequences, including the termination of the granting of rights to game currency or the Customer part of the Game.

8.11. Exchange. Spykenet does not exchange game currency or Customer Game rights for other rights, goods or services, game items, or other things, unless otherwise expressly permitted by the Agreement.
8.12. Reimbursement of Expenses. Spykenet shall not reimburse the User for expenses related to making payments.

9. Promotion codes. Promotion code is a specific code consisting of a set of numbers and letters, which can be entered in the "Settings" menu in the interface of the Game (to get the Game values, etc.) or on the pages of the Game on Google Play and Arp Store (to get the client part of the Game). Promotion code has the right to provide the User only Spykenet as any compensation or reward for participation in official events. A promo code may have a limited validity period and different content. The validity period and content of a promo code is determined unilaterally by Spykenet. In order to correctly use a promo code, the User must meet the requirements of connection and authorization (see clause 4.7 of the Agreement) and verify the correctness of the Game account in the interface of the Game before using it.

10. Trading and Interaction. When playing the "Online" game, players can trade (exchange resources, items by sending a parcel) and communication between players (chat). Spykenet is not a regulator of trade relations between players, including does not establish any ratios of value of one resource (item) to another, applied in trade. Trading is carried out on contractual terms determined by the players themselves, subject to the terms of this Agreement.

The Game does not provide for the creation of any player associations (coalitions, clans, guilds, etc.) But players have the right to create such associations on a contractual basis in order to achieve certain results in the game, trade, help players and for other purposes that do not violate the terms of this Agreement. Spykenet is not responsible for the actions and behavior of any player associations.

11. Moderators.

11.1 A moderator of the Game is a voluntary assistant of Spykenet. Moderators are selected by Spykenet independently and are not subject to discussion.

11.2. Moderator duties:

11.2.1. Monitor the communication and behavior of Users in the Game;

11.2.2. Apply sanctions to Users who violate the Agreement.

11.3. The moderator is not obliged to:

11.3.1. Answer Users' questions (answers to questions are at the discretion of the Moderator);

11.3.2. Warn the User about penalties (limitations) for violations - postmoderation is in effect (warning the User about the limitations is left at the discretion of the Moderator);

11.3.3. Explain to Users the reasons for restrictions.

12. User Support Service (USS).


12.1 SPP Specialists are authorized representatives of Spykenet, whose functions include:

12.1.1. Consulting, assistance (support) in resolving technical issues, on game mechanics, on the reasons for restrictions or blocking.

12.1.2. Registration of claims of Users on various issues (suggestions, complaints, etc.).

12.2 Response time of the VIP Support Team to User requests and inquiries depends on the workload of the specialist.

Taking into account the technical features of the Game, the MTPS Experts may refuse to provide support and assistance to Users who are not logged in to the Game (who do not have a Game Account) or are using an outdated version of the Game (which has not been updated to the latest version).

12.3The Players in the MTPS are obligated to make every effort not to interfere with the progress of the Game or to disturb the Game, except when necessary to perform their duties.

12.4 Any incident which is interpreted as a violation of the Agreement will lead to further investigation.

12.5 SPP specialists may request from the User any additional information (screenshots, information about the device model, operating system version, other data necessary to review the appeal).

Communication between the User and IPS shall be confidential. The Parties undertake not to disclose any information received in the course of such communication to other Users or third parties, unless required by law.

12.7 Methods of contacting the IPS, including the e-mail address: towerofmisery@gmail.com, are specified in the official Internet communities and on the pages of the Game on Google Play and App Store.

12.8. When contacting the IPS, in addition to the rules stipulated by paragraph. The following is prohibited: posting information (messages, phrases, symbols, images, etc.) that has no constructive content and prevents the normal operation of the IPS or is intended to insult IPS specialists; all kinds of provocations and attempts to mislead IPS specialists. If the User violates these rules, the IPS specialists shall have the right not to consider his or her appeal. 13.

13. Intellectual Property Rights

13.1. exclusive ownership of the Game. The source and object code (including data and commands), gameplay, user interface, graphical images, sound recordings, sound effects, music, text content and the content of the Game contain the intellectual property rights to which Spykenet has exclusive rights. Advertising in the Game (including those containing photos, animations, videos, video clips, etc.) is or contains objects of intellectual property, the exclusive rights to which belong to their legal owners.

The User agrees that any portion or element of the Game, its data, and commands are integral parts of the Game and are protected by law. Although the User is provided with the rights to use the Game, the use of the Game itself cannot be construed as a transfer or assignment of the exclusive rights to the Game, its parts and elements from Spykenet to the User.

The User also understands and agrees that all exclusive rights to the localized (translated into the respective language) Game are owned by Spykenet.

13.2 Exclusive right of the User. The copyrights to the materials posted by the User in the Game belong to the User who created them or to other legal rights holders (hereinafter, the "Materials").

13.3 License to Materials. The intellectual rights to gratuitous use of such Materials, which are objects of intellectual property, are transferred to Spykenet in the form of a non-exclusive license worldwide from the moment the User places (publishes) such Materials in the Game without any counter obligation to pay royalties or other compensation and without limitations on the maximum possible period and territory of use.

13.4 Trademarks. Any trademarks of Users or third parties mentioned in the Game are the property of their respective trademark owners.


14. Effective Term, Amendment and Termination of the Agreement

14.1 Term of the Agreement. This Agreement shall be effective at the moment of acceptance of its terms by the User and shall be valid without any time limit. 14.2.

14.2. modification of the Agreement. This Agreement may be amended by Spykenet unilaterally at any time without any special notice. The new version of the Agreement comes into force from the date of its publication in official Internet communities of the Game. Use of the Game, or authorization in the Game after the publication of the new edition of the Agreement in the above order means the consent of the User with such changes. User is not released from its obligations under this Agreement including the modifications of the Agreement if User has not read the new edition of this Agreement.

14.3 Termination of the Agreement at the initiative of Spykenet. Spykenet has the right to terminate this Agreement unilaterally and extrajudicially at any time with the termination of the ability to use the Game in the following cases:

14.3.1. In the event that the Game is closed. In this case, Spykenet is required to publish an appropriate notice on the official Internet communities of the Game at least thirty (30) calendar days prior to the date of closure of the Game. In this case, Spykenet does not pay any compensation and, among other things, does not reimburse the User the cash equivalent of the paid license fees.

14.3.2 In the case of any, including a single violation of the terms of this Agreement by the User. In this case, Spykenet shall not refund to the User and shall not reimburse any damages.

14.4 Termination of the Agreement at the initiative of the User. The User has the right at any time without giving a reason to terminate this Agreement unilaterally extrajudicially by removing the Game from his Mobile Device with the preservation of obligations and liabilities of the User arising up to that point. User shall notify Spykenet of his intention by sending a corresponding message in the manner specified in clause 12.7 of the Agreement 10 (ten) calendar days prior to the date of the proposed termination. In this case, all data linked to the Game Account will be deleted without the right to restore it. Also, Spykenet is not obligated to pay any compensation to the User.

15. Final Provisions

15.1 Exchange of Documents. The Parties have agreed that the documents transmitted by the Parties under this Agreement are valid, including if they are transmitted by means of exchange of their scans, photocopies via electronic communication channels (see Clause 12.7 of the Agreement), which allows establishing reliably that the document comes from the Party to the Agreement. The official documents (statements, claims) shall be certified by the signature of the Party to the Agreement. The signatures of the Parties on the documents transmitted by the methods specified in this paragraph shall have the force of a handwritten signature.

15.2 Invalidity. If one or more provisions of this Agreement are duly declared invalid by a valid court decision, the remaining provisions of this Agreement shall remain in force, and the Parties shall continue to perform their obligations in a manner most consistent with the intentions of the Parties at the time this Agreement is executed or modified.

15.3 Settlement of Disputes. The applicable law under this Agreement is the law of Ukraine. All disputes between the Parties in relation to this Agreement shall be resolved by correspondence and negotiation using the mandatory pre-trial (complaint) procedure. If it is impossible to reach an agreement between the Parties through negotiations within thirty (30) calendar days from the date of receipt of the claim by the other Party, consideration of the dispute may be transferred by any interested Party to the court at the place of registration of Spykenet in accordance with the procedural and substantive law of the Ukraine, except for the conflict of laws rules.


 

 

×
×
  • Create New...