“Game Insight” UAB, is a part of Game Insight group of companies, legal address: A. Goštauto g. 40, LT-03163 Vilnius, the Republic of Lithuania (“GI” or “we”), is engaged in software development and publishing and for good and valuable consideration set forth herein, makes available to you (“you” or “User”) proprietary digital content: games and other interactive and/or entertainment content, accessible through various platforms, including, applications stores, social networks, standalone web sites, downloadable client software, any respective updates thereof, and any virtual items you purchase within our software (collectively, our “Games”).
Section 1. Acceptance of terms and conditions
Acceptance of these Terms and Conditions of Use ("Terms") creates a binding agreement between you and GI and regulates the use of Games, and other services, such as forums and support systems (collectively, our “Services”).
Binding agreement may also be concluded between us, and a person other than User, but for the benefit of the latter (contract to the benefit of third party). This shall be the case, if a payer wishes to acquire a virtual item for the User. In such circumstances, only the User may demand respective consideration from us.
Application stores and platforms may provide their own legal documents that apply to your relationship with these stores and platforms.
You represent that you are 18 years or older. If you do not meet age the given age requirement, you may play our Games only if you have been granted a proper consent by parent(s) or legal guardian who thereby subject to these Terms. Moreover, we may require and adequate evidence of such consent at any time.
Section 2. Ownership and license
GI hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our Games and to download and install client mobile and desktop applications for this purpose, for your non-commercial entertainment use only, provided that you are in compliance with these Terms. Your license confers no title or ownership in the Games; they are licensed, not sold, to you. Your license to each Game that you access is subject to your prior acceptance of these Terms and your compliance with Section 5 - Acceptable use policy (“AuP”). No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, publicly perform or display, transmit or otherwise communicate, adapt, publish the Games in any manner. Any attempt to do so is a violation of the intellectual property and other rights of GI and its licensors. You may not use our trademarks, any and all Game content apart of our Games, which includes, without limitations, artwork, music, trade dress, or User generated content of other’s, without our prior written consent. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of Games, modify, or create derivative works based on our Games, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
Except for use of the Games as permitted herein, any other use of Games, or any respective parts is strictly prohibited and infringes our intellectual property rights and may subject you to civil and criminal penalties, including possible monetary damages. Rights to trademarks, Games and all associated content, are reserved to their respective owners and protected by Lithuanian and International copyright, design, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content of our Services, unless we expressly authorized you to do so. You may not remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Services.
We agree to enable you to contribute User generated content (“UGC”) – photos, music, artwork and texts, and in exchange, when you contribute UGC to us, you expressly grant to GI a non-exclusive, perpetual, royalty-free, worldwide, complete and irrevocable right to quote, use, reproduce, modify, transmit or by other ways communicate, create derivative works of, print, sublicense, publicly display and perform UGC, or any portion thereof, in any manner, on any medium, whether now known of hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable GI to use UGC for such purposes.
Section 3. Games and participation
You can find information about our Games, their features, gameplay, functions and system requirements on our web site, on application stores and on other platforms. We are constantly developing our Services in consideration of User interest, and therefore, we may replace, add or exclude, alter and modify our Games and their characteristics at any time. Our Games can only be used in the currently valid versions and GI is under no obligation to continue providing either support or updates for versions of a Game that are not up-to-date.
IMPORTANT NOTICE: YOU HEREBY EXPRESSLY CONSENT AND ACKNOWLEDGE YOUR RESPONSIBILITY FOR ANY INTERNET CONNECTION FEES THAT YOU INCUR WHEN ACCESSING OUR SERVICES. THIRD-PARTY TRANSACTION FEES MAY APPLY TO YOUR IN-GAME PURCHASES: PLEASE REFER TO THEN-CURRENT RULES OF PAYMENT PROVIDER(S) YOU MAY SELECT.
We aim to improve your usage experience and may add new or remove existing features and content in our Games, but we will only do so taking into consideration and balancing User interests. For reasons that include, without limitation, system security, stability, and multiplayer interoperability, we may need to update, create new versions of or otherwise enhance Games and accordingly, the system requirements to participate in Games may change over time. You consent to such automatic updating.
Maintenance may affect availability of our Games, and will only happen in due consideration of User interests. Downtimes may also be caused by technical problems beyond our control.
Our Games are free to play, but you may purchase virtual items in our Games to speed up gameplay and gaming progress by spending real money (“Virtual Items”). Means of payment may vary; depending on which application stores or platform you make your purchase in. Without prejudice to Section 4 below, Virtual Items cannot be exchanged into real money or refunded. You understand that you do not own Virtual Items, but acquire a limited license to use Virtual Items according to the specific Game’s gameplay; therefore, the right to use any Virtual Item is conditional to these Terms. No entitlement exists to use Virtual Items for a minimum period of time, unless the description of Virtual Item specifies a particular minimum period of time.
You agree that GI reserves the right to manage, regulate, control, modify and/or eliminate, game elements (which may, among other things, make Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely) – for purposes of gameplay and multiplayer balancing. All Virtual Items remain our property.
Games may contain advertising of third-party products and services. GI disclaims any responsibility for content of such advertising that is not a part of our Games. If you wish to opt-out from receiving and/or viewing ads, you may inform GI by sending us an email to firstname.lastname@example.org
Section 4. Right to withdraw
If you are located at one of the European Union member states, you have the right to withdraw from any purchase made from us within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day when the purchase in question is made.
To exercise the right of withdrawal, you need to inform us (“Game Insight” UAB, A. Goštauto g. 40, LT-03163 Vilnius, the Republic of Lithuania, email@example.com) of your decision to withdraw from this User Agreement by explicitly communicating so (e.g. a letter sent by post, fax or e- mail). You may use the model withdrawal form below, but it is not obligatory. Model withdrawal form:
To meet the withdrawal deadline, you should contact us before the withdrawal period has expired.
In the event that the statutory right of withdrawal is effectively exercised, we shall provide you a refund, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. GI shall use the same means of payment, through which we have received respective transaction. If the latter is unachievable for any reason, upon written instructions of payment beneficiary, the reimbursement shall be made by means of a wire transfer to designated account.
YOU DO NOT HAVE A RIGHT TO WITHDRAW FROM A TRANSACTION OR OBTAIN A REFUND ONCE DELIVERY OF DIGITAL CONTENT HAS STARTED, AT THIS POINT YOUR TRANSACTION IS FINAL. YOU AGREE THAT DELIVERY OF DIGITAL CONTENT COMMENCES AT THE MOMENT THE DIGITAL CONTENT (eg. VIRTUAL ITEM) IS ADDED TO YOUR ACCOUNT OR INVENTORY OR OTHERWISE MADE ACCESSIBLE TO YOU FOR DOWNLOAD OR USE.
Section 5. Acceptable use policy
UGC policy. You may not submit UGC that is (i) offensive, unlawful, obscene, defamatory, libelous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law; (ii) fraudulent or misrepresentative; (iii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person; (iv) an advertisement or solicitation of business, funds, products or services; or (v) impersonating another person or invading the privacy of any third party. We reserve the right (but shall have no obligation) to decide whether any UGC that you use complies with these Terms and we may in our sole discretion remove such UGC, suspend and/or terminate agreement with the User in question.
GI is neither obliged, nor able to pre-moderate UGC and does not guarantee the accuracy, quality, or integrity of any UGC communicated via the Services. By using the Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable.
Communication channels policy. Services may provide communication channels such as forums, communities, or chat areas, designed to enable you to communicate with others. GI has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted on the communication channels and to remove any materials at any time, with or without notice for any reason, at its sole discretion. GI may also terminate or suspend your access to any channels at any time, without notice, for any reason, including, but not limited to other User’s complaints concerning your use of obscene words or posting of materials that contain threats or abuses. You acknowledge that chats, postings, or materials posted by users on the channels are neither endorsed nor controlled by GI, and these communications should not be considered reviewed or approved by GI. GI will not under any circumstances be liable for any activity within communication channels, which are public and thus you have no expectation of privacy regarding your use of communication channels. GI is not responsible for information that you choose to share within communication channels.
Gaming policy. You agree that your use of the Services should be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Services in order to:
Naming policy. Nicknames, clan names, and other in-game user-nameable item or entity used or created by you should not:
Section 6. Termination and cancellation
The agreement between GI and User runs for an indefinite term. Either party may terminate the agreement at any time by giving 14-days notice (this requires written or electronic mail communication). You may also terminate the agreement with us with immediate effect by deleting Game from your device or from your social network applications. Your in-game progress and any other Game-related data will be deleted.
Either party may terminate the agreement for cause without giving notice. Grounds for such termination for cause include material breach of these Terms. If the User fails or GI has strong grounds to believe that he/she has failed to comply with any of the provisions of these Terms, GI without notice may: (i) terminate the agreement with the User and delete his/her account and the User will remain liable for all amounts due under his/her account up to and including the date of termination; and/or (ii) prevent the User’s further access to the Services (or any part thereof).
GI reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time and GI will not be liable to User or any third party should it exercises such rights.
Section 7. Technical data usage
You agree that GI may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Games. GI may use this information to improve its products or to provide Services to you, as long as it is in a form that does not personally identify you.
Section 8. Disclaimers and limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER. GI WILL PROVIDE THE SERVICES WITH REASONABLE CARE AND SKILL, BUT DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES AND IN PARTICULAR DOES NOT WARRANT, CLAIM OR REPRESENT AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GI FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS.
GI makes no warranties or representations about the accuracy or completeness of the content of the Services and of the content of any sites linked to the Services; GI assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our servers and/or any and all information stored therein, (iii) any interruption or cessation of transmission to or from the Services, (iv) any bugs, viruses, trojan horses or any other similar software which may be transmitted to or through the Services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
In no event will GI, its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third party for any special, direct, indirect, incidental, punitive or consequential damages whatsoever, including any lost profits or lost data arising from your use of the Services or materials, accessed through or downloaded from the Services, whether based on warranty, contract, tort or any other legal theory and whether or not GI has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that GI shall not be liable for UGC or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely on you.
Nothing in these Terms excludes liability for damages sustained due to intentional fault or gross negligence. These Terms do not exclude or limit liability for impairment of health, deprivation of life or non-pecuniary damage caused to the User.
You agree to indemnify and hold GI and each of its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising from or in connection with (i) your use of and access to the Services with violations of any of these Terms; (ii) your infringement of any third party right, including without limitation any copyright, property or privacy right; (iii) any UGC you communicate through the Service.
If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.
Section 9. Governing law
Lithuanian law governs these Terms and all relations of GI and Users arising hereof, excluding the United Nations Convention on Contracts for the International Sale of Goods, and without regard to principles of conflict of laws. If, at the time when the agreement between GI and User is concluded, the latter’s usual domicile is located in another country, within the European Union, the validity of mandatory rules of the country in question shall be in force.
Section 10. General
These Terms constitute the entire agreement between you and GI with respect to your use of the Service.
1. AGE REQUIREMENTS
We do not knowingly collect personal information from children under 18 years of age. If you are under 18 years old, please do not provide any personal information to us.
2. INFORMATION WE MAY COLLECT FROM YOU
2.1 We may collect and process the following information about you:
3. HOW WE USE YOUR INFORMATION
3.1 We use information held about you in the following ways:
4. HOW WE SHARE YOUR INFORMATION
4.1 We may share your personal information with third parties in the following circumstances:
5. WHERE WE STORE YOUR INFORMATION
5.1 We take appropriate organisational and technical measures to protect the personal information that we hold. We limit access to your personal information to those who we believe reasonably need to come into contact with that information in order to carry out their jobs.
8.1 We may from time to time use third party advertisers or sponsors on our Service. In the event that we do so we will not disclose identifiable information about individuals but we may provide them with aggregated information about our users. We may also use such aggregated information to help advertisers reach the kind of audience they want to target (for example, men in London). We may make use of the personal information we have collected from you to enable us to comply with our advertisers' and sponsors' wishes by displaying their advertisement to that target audience.
9. KEEPING YOUR ACCOUNT SECURE
9.1 Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Service, you are responsible for keeping this password confidential and you are responsible for any misuse of such information. You must change your password on a regular basis and must not share your password with anyone.
10. YOUR RIGHTS
You have the right to ask us not to process your personal information for marketing, analytics or other purposes.
11. ACCESS TO INFORMATION
You have the right to access information held about you. Your right of access can be exercised in accordance with the Republic of Lithuania Law on Legal Protection of Personal Data. Any access request may be subject to a small administrative fee to meet our costs in providing you with details of the information we hold about you. Contact us at: firstname.lastname@example.org for details.
UAB Game Insight
Nicknames, names, information used by you in the description of the clans should not:
The Game Administration reserves the right to, at its own discretion, refuse to register nicknames, clan names, or clan descriptions without giving an explanation.
1.1. The forum administration reserves the right to review the current rules of the forum at any time without prior notice.