END USER LICENCE AGREEMENT
WARNING: THE GAME OFFERS IN-APP PURCHASES
- Licensor – , a company duly incorporated in the Republic of Cyprus at the address: Office No. 204A3, 17 Kallipoleos and Ifgeneias Str. Agios Antonios, 1055, Nicosia, Cyprus.
- Game – an entertainment application for mobile devices “Tamadog”, an individual copyrighted work, available at the following URL: https://itunes.apple.com/app/tamadog/id1253002321.
- Apple – Apple Inc., a California corporation with its principal place of business at 1, Infinite Loop, Cupertino, California 95014, U.S.A.
- App Store – an electronic store and its storefronts branded, and owned and/or controlled by Apple or an affiliate of Apple. App Store is used by the Licensor for distribution of the Game among users of Apple services.
- User – any person having an Account and using the Game. If the Account was provided for a fictitious person, the User shall be deemed to be the person that actually uses the Account of this fictitious person for accessing Apple services.
- Content – video and audio materials, images and texts, created by the Licensor for or in connection with the Game.
- Game Supplemental Functionality – software codes processed on an electronic device as a part of the Game and intended to provide the User with additional functions of the Game. The Game Supplemental Functionality operates in the form of in-game currency (“coins”) posted to a game account of the User for a fee.
In-game Goods – software codes processed on an electronic computing machine
objects that the User acquires while performing certain actions within the Game or for a
fee. In-game Goods can be used within the Game exclusively; they have no real value and
cannot be exchanged for non-game (“real”) currency or non-game (“real”) property. In-game
Goods include, among other things:
- in-game currency (“coins”);
- in-game objects or functions, acquired or opened as the result of various actions performed by the User within the Game (“blocks”, “wood”, etc.), including exchanging “coins” for such objects or functions.
- Legislation – legislation of the Republic of Belarus.
- The Game is suitable for people of all ages including children. The Game does not contain any objectionable content.
- The User confirms that he\she is at least 13 (thirteen) years old.
The User confirms that under the law of the state of his\her nationality he\she:
- is eligible to conclude the EULA either himself\herself or with parental consent, given by a parent or a guardian;
- has obtained parental consent, given by a parent or a guardian for concluding the EULA (if necessary);
- has legal capacity necessary for exercising rights and performing duties under the EULA.
The Game is provided to the User “as is”. The Licensor does not give any warranties that the
Game, including the Game Supplemental Functionality:
- will function uninterrupted and without any errors;
- will always be available for download;
- will meet the User’s expectations.
- The Licensor shall not be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever caused to the User (including, but not limited to, damage caused to the User’s property or proprietary rights) as the result of using the Game or inability to use the Game.
- The Licensor shall not be liable for any aspects of App Store functioning (prohibition of access, failures and breakdowns of App Store, etc.) or any actions taken by Apple.
- The Licensor grants the User a non-exclusive licence to use the Game and the Content (except for Game Supplemental Functionality) free of charge.
- The Licensor provides the User with the right to use the Game Supplementary Functionality. The duty to provide the User with the right to use the Game Supplementary Functionality is considered performed after the respective amount of In-game Goods are posted to the User’s game account for a fee. The User is entitled to cancel a payment using respective App Store functionality. When cancelling the payment the Licensor debits the game account of the User with the number of In-game Goods previously posted.
WARNING FOR PARENTS/GUARDIANS
- The Game offers the Game Supplementary Functionality, which is provided to the User upon his/her request for a fee (in-app purchase). The User is not obliged to use the Game Supplementary Functionality; in this case no money will be debited to the User’s account.
- By downloading and using the Game the User confirms that he/she is eligible to use the Game, including the Game Supplementary Functionality. Parents/guardians of a User, who is under legal age, shall control his/her use of the Game (as well as the Game Supplementary Functionality).
- The Licensor shall not be liable for any actions of the User within the Game, including use of the Game Supplementary Functionality.
AUGMENTED REALITY WARNING
- The Game encompasses the technology of Augmented Reality (AR). This technology provides for an opportunity to augment reality (as seen on the screen of a mobile device through a camera or any similar tool) with virtual objects that exist within the Game. The image of gameplay displayed on the screen consists of an image of real world objects, as well as of images that form the part of the Game and Content.
- The Licensor ensures that the Game and Content are suitable for people of all ages including children and do not contain any objectionable content. However, the Licensor does not guarantee that the objects of real life displayed on the screen will always be appropriate and non-objectionable. Parents/guardians shall ensure that the User, who is under legal age, plays the Game in the surroundings where there is nothing that (if displayed on the screen as a part of gameplay) may cause any stress, embarrassment or harm to such minor.
- The User is fully responsible for his/her behavior when playing the Game.
- The User must not play the Game in the surroundings that can cause any mental or physical harm to any person (including the User) or property.
- The User must not play the Game to violate any legal or moral norm, whether intentionally or unintentionally.
- The User must not play the Game in any way that may be distressful to other people.
- The User must not play the Game to achieve any illegal goal.
THE USER’S RIGHTS AND DUTIES
- The User shall perform the EULA in good faith.
The User is entitled to perform actions, covered by the technical capabilities or logics of
the Game. Such actions include, but not limited to:
- manipulating a game character;
- collecting In-game Goods;
- acquiring In-game Goods (except in-game currency) for in-game currency;
- using the Game Supplementary Functionality;
- The User is entitled to inquire the Licensor with regard to defective Game functioning (technical failures, etc.) if such defective functioning is not caused by the User’s actions; peculiarities of hardware and software used by the User; quality of the Internet connection; App Store operation, as well as other circumstances that the Licensor is not responsible for. The Users’ inquiries shall be sent to the e-mail: email@example.com
THE USER MUST NOT:
- examine the Game source code, modify or amend it, create new works on its basis;
- mislead the Licensor (in particular over the personality of the User, his/her age, scope of legal capacity, etc.);
- provide third parties (including, but not limited to family members) with a possibility to access the Game with the User’s Account;
- provide third parties (including family members) with an opportunity to access the Game with the help of the User’s Account;
- use the Game in any way that interferes or may interfere with normal Game functioning;
- use bots (computer programs intended for performance of certain actions within the Game for the User), cheats (codes, embedded in the Game for getting additional advantages within the Game), as well as any other computer programs and/or technical means that interfere with normal Game functioning and/or aimed at getting additional advantages within the Game, which are not provided for by the rules, logics or technical capabilities of the Game;
- make use of defects of the Game functioning whether such use results in additional advantages within the Game or not.
THE LICENSOR IS ENTITLED TO:
- limit the Game functionality fully or partially at his sole discretion (including, but not limited to deleting the Game from App Store). The Licensor is not obliged to notify the User of any limitation of functionality and is not liable for any damage caused to the User as the result of limitation of the Game functionality;
- process information about the User’s activity within the Game (including, but not limited to, actions taken and objects collected within the Game, in-game progress, use of Game Supplementary Functionality);
- to change at his sole discretion any and all Game parameters (as well as characteristics of
In-game Goods), including without limitations:
- value of In-game Goods, expressed in in-game currency;
- the amount of fee to be paid for use of the Game Supplementary Functionality;
- the way to determine the User’s advancement within the Game (transition to a higher level within the Game) and earning experience points;
- ways to interplay with the In-game Goods;
- logics and technical capabilities of the Game;
- ways to access the Game;
- exercise other rights in accordance with the EULA and Legislation.
TRANSFER OF INFORMATION ABOUT CRIMES
- In case the Licensor learns about the User’s illegal activity, he has the right to inform law enforcement authorities about violations of the Legislation committed by the User and to pass to law enforcement authorities all available information about such violations. Should the Licensor receive a respective enquiry he is also entitled to pass such information to law enforcement authorities or other organizations that are eligible for obtaining such information under the Legislation.
- The Game and the Content are copyrighted works.
- The copyright for the Game and the Content belongs to the Licensor. All rights reserved.
- The Licensor grants the User a non-exclusive licence to use the Game as intended (to download, install and run the Game; to perform actions provided for by the technical capabilities and logics of the Game);
- The User is not allowed to use the Game in any other way, for example, to rent, lease, lend, upload to or host on any website or server, sell, redistribute, sublicense, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof.
- Any commercial use of the Game or the Content by the User is PROHIBITED.
- The User is not allowed to transfer this licence to any third party or sublicense third parties for use of the Game or Content. This licence also covers all updates and/or additional components of the Game or Content, which will be created and provided to the User in future.
- Visual effects of the Game, especially flashes of light and ornaments may cause an epileptic seizure. A person may have an epileptic seizure even if he/she has no medical history of epilepsy.
- The User shall immediately stop using the Game and consult a medical professional if the
following symptoms arise:
- sudden groundless anxiety or fear;
- involuntary body movements, tingling;
- auditory or visual hallucination;
- clouding of consciousness.
- Parents (guardians) of the User, who is under the legal age, shall monitor his health while he/she is using the Game.
- The EULA is effective until terminated by the User or Licensor. The User’s rights under this EULA will terminate automatically without notice from the Licensor if the User fails to comply with any term(s) of this EULA. Upon termination of the EULA, the User shall cease all use of the Game, and destroy all copies thereof, both full and partial.
- The User agrees that the Licensor has the right to terminate this EULA unilaterally at any time at the sole discretion of the Licensor without notifying the User.
- The EULA and all annexes thereof are regulated by the law of the Republic of Belarus.
- Invalidity of any provision of the EULA invalidates neither the EULA as a whole, nor other provisions thereof.
- All disputes arising out of the EULA (including, but not limited to disputes over the invalidity of the EULA, as well as disputes over interpretation and performance of the EULA) shall be settled by state courts of the Republic of Belarus.
- If a dispute defined in clause 11.3 of the EULA is submitted to the court, the winning party is entitled to all reasonable damages connected to the court proceedings (including legal costs).
- Non-performance of any provision of the EULA either by the Licensor or by the User does not constitute a refusal to perform such provision at present or in future, neither does it deprive the other party of the right to demand performance of such provision.
What information does the Licensor obtain and how is it used?
The Licensor obtains the following information from Your device: technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Game. The Licensor collects and stores such information in the way that precludes the Licensor from identifying You. The Licensor uses this information as statistics data to improve its products or to provide services or technologies to You.
The Licensor may transfer aggregated and anonymized data to third parties in cases it is needed to enhance the quality of the services or solve a problem of a user.
Does the Licensor collect my personal data (including payment information) when I make in-app purchases?
The Game allows in-app purchases. In-app purchases are not mandatory and it is up to You whether to pay for accessing the Game Supplementary Functionality or not.
In case You make in-app purchases, the Licensor, his affiliates and controlled entities do not obtain, store, operate or otherwise deal with Your personal data (including, but not limited to, Your name, family name, account ID, password, payment information).
Does the Licensor collect precise real time location information of the device?
The Licensor does not collect precise information about the location of Your mobile device.
Do third parties see and/or have access to information obtained by the Licensor?
Only aggregated, anonymized data is periodically transmitted to external services to help the Licensor and developers improve the Game and supplementary service. It is impossible to identify You from such data. The Licensor will share Your information with third parties only in the ways that are described in this privacy statement.
Data Retention Policy
The Licensor will retain automatically collected information for up to 24 months and thereafter may store it in aggregate.
The Licensor does not use the Game to knowingly solicit data from or market to children under the age of 13.
If You have any questions regarding privacy while using the Game, or have questions about our practices, please contact us via email at firstname.lastname@example.org