End User License Agreement
This end user license agreement establishes the conditions under which any individual is given the right to use (i.e. granted license to use) computer games which such an interested individual is invited to familiarize herself with the terms of this license agreement and accept them upon: downloading or installing such games; creating an account in such games; gaining access to such games by other means (taking into account the continuous development of information technologies).
This end user license agreement is a public contract of accession. This means that its conditions are the same and unchanged for all users who wish to receive the right to use the games covered by it, and it is only possible to enter into this agreement by unconditional acceptance of its terms.
The games covered by this license agreement are programmed in such a way that they become available to the end user only after receiving consent from her to enter into this license agreement; therefore, successfully downloading or installing the game on her electronic device (personal stationary or mobile computer, smartphone or another similar device), creating an account in the game, or otherwise gaining access to its use, the end user automatically accepts all the terms of this license agreement and agrees to abide by them.
The terms of this license agreement fully comply with applicable laws and in no way infringe upon the end user’s rights. Nevertheless, we recommend that each interested party become fully acquainted the terms of this license agreement before entering into it. Should there be any reason for the end user to not be satisfied with the terms of this license agreement, she is advised against entering into this agreement, which implies that she will not be able to use the game.
1. Terms And Definitions
information and services associated with the Game (e.g. Forum, Chat, etc.). Server Core refers to a program for electronic computers hosted on the server that provides intercommunication between Game Users as part of the gaming process. Service refers to a common definition of the Game, the Website and all the resources associated with them. License Agreement refers to this End User License Agreement, including all and any of its Appendices that may change and/or emerge over time. Social Network refers to the platform, an online service or a website designed to develop, reflect and organize social relationships. Any reference to Social Networks in this License Agreement and its Appendices includes, without limitation, the following networks: Facebook, VK.com, OK.com, MyMail.ru, Fotostrana, and Kanobu Games, as well as other social networks that provide access to the Game. Features refers to additional services to User that are provided under paid license and therefore allow Users to obtain additional Game functions and options that make the gaming process easier. This concept of “Features” is abstract and is only a license to use the extended functions of the Game that are not included in the general license for the Game, provided to User under the License Agreement, and does not imply services or works in the sense that these terms carry by civil law. User Account refers to the set of User data that help identify and authorize User in the Game, as well as log and record actions and events that reflect User’s participation in the gaming process. Penalty refers to the annulment (reset) of User’s game balance in response to a breach of rules of the application. 2. Accepting Terms Of This License Agreement
8. Should Administrator demand to do so, User obliges to provide Administrator with written consent and passport information of her legal representative(s), thus confirming that their permission to purchase Features had been duly obtained by User. 9. IN CASE IT IS FORBIDDEN BY YOUR STATE LAW TO RECEIVE GAME SERVICES ONLINE, OR THERE ARE ANY OTHER LAWFUL RESTRICTIONS TO ONLINE GAMES, INCLUDING AGE RESTRICTIONS ASSOCIATED WITH ACCESS TO SUCH SERVICES, YOU HAVE NO RIGHT TO USE THE GAME OR ANY SPECIFIC SERVICES AND/OR FEATURES OF THE GAME, AND YOU ARE OBLIGED TO QUIT USING THE GAME OR ANY SUCH SERVICES IMMEDIATELY. 10. Administrator reserves the right to introduce amendments to this License Agreement and its Appendices. Upon introducing any amendments to this License Agreement, Administrator notifies all of its Users by publishing an updated version of the License Agreement on its Website at http://scarletswan.ru/eng/eula or at any other URL address that User has been provided with no later than 5 days prior to the amendment coming into force. All the previous versions of this License Agreement are stored in Administrator’s archives. 11. User obliges to review this License Agreement and its Appendices regularly to familiarize herself with the amendments at her sole discretion. Should User have not been familiar with the latest version of the License Agreement, this cannot serve as a basis for non-compliance with its terms and non-execution of User’s obligations, as well as non-compliance with restrictions set out by this License Agreement. In case User cannot agree with amendments introduced to this License Agreement, she should immediately cease to use the Game and/or Website. 12. In case of breach of this License Agreement or its Appendices by User, Administrator reserves the right to send User a notification/warning regarding the specific breach and/or immediately terminate/suspend User’s access to the Game. User hereby accepts and agrees that Administrator is not obliged to send out such a notification of termination or suspension of her access to the Game in advance, yet Administrator may still choose to do so. 13. User accepts that Administrator has the right to deny any user her access to the Game on the basis of technical reasons without notifying User of it. 14. User agrees that Administrator has a right to amend the contents of the Service at any time for any reason, with or without notifying User about it, and will not bear any responsibility for doing so. 15. User agrees that Administrator has the right to cease providing the Service at any time for any reason, with notifying User of it at least 30 days prior to such cessation, and will not bear any responsibility for doing so.
3. Subject of License Agreement
1. Administrator provides User with access to the Game throughout the territories that altogether make up planet Earth within the limits, on the terms and with restrictions set out in this License Agreement and its Appendices to allow User to participate in the gaming process made available via the Game’s standard functions (hereinafter Game Access), as well as with access to additional Features of the Game at additional charges and under additional terms defined individually in each separate case. The license under this License Agreement is non-exclusive and does not grant User the right to enter into any sublicensing agreements. 2. Game Access is free of charge. Game Features are commercial (paid). 3. There are Features (additional services) in the Game that can be purchased for additional charges; these simplify the gaming process for User by making additional in-game items, advantages and possibilities available, making up the range of extended functions of the Game. 4. Features are priced in specific in-game currency (hereinafter In-Game) that is not actual money in the sense that this term carries under civil law, but constitutes a body of programmed code, audio and visuals, which is, in turn, an integral component of the Game that enables User to engage with its various functions. The relation between such In-Game Currency and the money paid by User for obtaining the right to use the additional volume(s) of nominal In-Game Currency is determined by Administrator and is displayed/indicated in the in-game shop, which, in turn, does not constitute an object or location of trade in the sense that this term carries under civil law but represent one of the Game’s electronic functions.
4. Intellectual Property
1. All materials (including, without limitation, designs, texts, graphics, images, videos, facts, applications, software, music, sound and other files, as well as their combinations and configurations) are products of Administrator’s intellectual activities and are protected from unauthorized use by law. All the rights associated with the Game and its components, as well as trademarks, are property of appropriate rights holders and are governed and protected by laws, conventions and international agreements in the field of intellectual property. Under this License Agreement, User has no right to use any of the trademarks, brand names, services marks, logos and other means of individualization, as well as web domain names that belong to OOO Centr Visokih Technologiy, unless such User has Administrator’s expressly written authorized consent to do so. 2. User agrees that no materials associated with the Game may be altered, copied, distributed, reproduced, republished, downloaded, damaged, presented, posted, passed on or sold in any form and by any means, either in full or in part, and may not be in any other way used unless there is Administrator’s written consent to do so. This restriction does not apply to User-generated and User-owned content, as explained below, that can indeed be lawfully published. All other types of use of rights-reserved materials, including any secondary use or reuse and replication, require Administrator’s direct written permission, to be obtained in advance. Any reproduction or distribution of any Game materials in breach of terms of this License Agreement is strictly forbidden and may result in strict civil and/or criminal action. 3. User agrees that she does not acquire any property rights to any of these materials by choosing to use the Game or accessing any materials available from the Game, services and websites that belong to Administrator, or to any materials derived from the original materials. 4. Entering into this License Agreement can under no circumstances be regarded as transfer and/or cession of any rights associated with the Game and/or its components, including, without limitation, Game characters, from Administrator to User. Moreover, managing and developing Game characters by User cannot be regarded as User’s authorship and/or co-authorship of such Game characters by User and Administrator.
5. User Content
6. Administrator reserves the right, without obligation, to evaluate the extent to which any given User Content is in compliance with this License Agreement, and reserves the right to remove such content at its own discretion, suspend and/or terminate this License Agreement with a particular User deemed to be using any content that is in breach of this License Agreement, current legislation or regulation, any resolution or demand by the court, or an administrative or any other regulatory government body. 7. Administrator may choose to check or not check uploaded and circulating User Content, but by no means guarantees accuracy, quality, or integrity of any User Content posted via Administrator’s Services. When using said Services, User admits and accepts that she may come across material that she may find insulting and/or reprehensible. User accepts the fact that Administrator bears no responsibility for any User Content under any circumstances, including, without limitation, errors in User Content and any damage or loss incurred as a result of re-using such User Content. 8. On the basis of Clause 5.5 of this License Agreement, Administrator reserves the right to remove (temporarily or for good) any User Content from its Service(s), with or without an appropriate User notification.
6. Terms Of Game Access And Providing Services To User 1. Provision of Game Access and Administrator’s Services to User under this License Agreement is executed upon the condition that User familiarizes herself with and confirms her acceptance of this License Agreement and its Appendices in the order indicated by Clause 2 of this License Agreement. 2. User obtains Game Access within limits and under restrictions set out in this License Agreement and its Appendices. Further on, User may purchase Services for additional charge (the Features). 3. User pays for Features in the order prescribed by this License Agreement and its Appendices. 4. User pays for Features by means of expending money in ways outlined on Administrator’s Website, in the Social Network store, or in the Mobile Platform store (Google Play and/or App Store). The outstanding amount to be paid is defined within the limits as set out by the chosen method of payment. Any Feature is deemed paid for from the moment Administrator receives a confirmation of payment from the system that was used to perform the transaction. 5. Once credit of money towards payment for Administrator’s Features is confirmed, the User Account is in turn credited with In-Game Currency of the quantity correspondent with the money paid. In-Game Currency is a standard unit that is used in the Game to attribute value to various Features and functions that are available to User in the Game. In-Game Currency does not constitute a means of payment and cannot be used outside the Game in any way. In-Game Currency can be credited to the User Account without being paid for, but as a reward for completing certain actions in the Game by such User. Actions that entail an In-Game Currency reward vary across different Games (e.g., User reaching a new level, or completing a number of specific requirements/achievements). 6. After the appropriate quantity of In-Game Currency has been credited to the User Account, it can be then further used exclusively inside said Game, while the Features are considered fully provided to User independent of her own decision to use or not use this In-Game Currency inside the Game to pay for any in-game functions. 7. User accepts and agrees that Administrator does not engage in reverse conversion of In-Game Currency (or any other in-game valuables) to money in cash or noncash form, and does not compensate and/or reimburse any User expenses, including any expenses associated with processing payment of money to Administrator, and neither does it pay out any interest on money used, since In-Game Currency constitutes an additional Game function, and purchasing it with money funds is interpreted as purchasing a license to use this function. User has no right to purchase In-Game Currency or any in-game valuables from any third person or party, as well as sell and/or pass on In-Game Currency or in-game valuables to any other User free of charge, as Administrator grants no rights to sublicense the use of such Game functions. 8. User accepts and agrees with the fact that In-Game Currency can only be used to obtain additional functions inside the Game, and that any funds credited to the in-game account are not subject to reimbursement under any circumstances.
9. Information on additional in-game functions available via the Game, which can be obtained by means of reducing the In-Game Currency total associated with the User Account, is displayed as icons/pictograms/images and/or short descriptions of such in-game functions, as well as in the form of their attributed value to be charged in In-Game Currency, should User wish to obtain them. Any additional in-game function may only become available to User if her In-Game Currency total is sufficient at the time of purchase. User accepts and agrees with the fact that Administrator has the right to amend the order of selecting in-game functions and/or providing Services and Features. 10. User agrees that, to log and archive User actions and activity inside the Game, including, without limitation, those associated with obtaining in-game valuables and other in-game functions, Administrator employs exclusively the accounting system of its own or of the third party’s that executes such logging and archiving under contract with Administrator. 11. Any publicly available or additional (paid) Services or Features in the Game are provided by the Game Administrator strictly. Should Administrator establish that User obtains any paid Features inside the Game from any unauthorized third party or person acting without Administrator’s consent, Administrator reserves the right to suspend, restrict and/or terminate provision of such Services and/or Features to User, as well as remove any results or effects of using such Services and/or Features in the Game and terminate the License Agreement with involved User at once. 12. In case of a technical error, Game failure or shutdown, or intentional actions by User resulting in said User obtaining Features without appropriate payment for them—that is, no payment, incomplete payment, or no debit from the User Account towards obtaining these services,— Administrator has a right to withhold the value of such services de facto obtained from any future money credit transaction by User. 13. User personally bears all the expenses associated with transactions of payment to Administrator of any money, including any commission or additional fees. User must save all the documents that constitute proof that she had indeed paid for Features for the whole period of using the Game and, upon Administrator’s request, be able to present such documents, as well as present any specific information about the circumstances under which those payments were executed by User. 14. Should User breach this License Agreement in any way, she may be denied any further provision of Game access by Administrator immediately, without any prior notification, or such access may be suspended or restricted partly or in full. The list of grounds for such suspension, restriction and/or termination of provision of Game access may be found in Appendix 1 to this License Agreement. 15. Obtaining any Features by User does not relieve her from having to comply with this License Agreement or from being subject to any disciplinary measures outlined by this License Agreement. 16. Administrator accepts no responsibility for potential unlawful actions by User associated with paying for Features in the Game. 17. Administrator reserves the right to suspend, restrict or terminate provision of Services or Features to User at its sole discretion, should there arise any basis to believe that User has been engaging in unlawful activity, until the situation is clarified/resolved. 18. In certain cases, Administrator reserves the right to forward certain User information to legal authorities, if said User acts in breach of this License Agreement. 19. If User has any complaints about the content of de facto provided Features, she must immediately inform Administrator by email via email@example.com, specifying her identification details, the instances that brought up the complaint, the time and date of the incident, and the reasons behind the complaint. 20. In case the Feature was not provided or was provided inappropriately and/or incompletely, User has a right to file a complaint to Administrator. No compensation under the terms of this License Agreement may exceed the In-Game Currency value of the Feature or function in dispute that was not provided or was provided inappropriately. 21. User acknowledges and agrees with the fact that Administrator reserves the right to amend this License Agreement and its Appendices and the list of and prices attributed to Features at its sole discretion, publicly notifying of such amendments on the Website at a permanent URL address of http://scarletswan.ru/eng/eula and/or by email and/or in the Game Client no later than 5 days in advance of the said amendments coming into effect. By continuing to engage in the gaming process, User expresses her agreement with the new amended terms and conditions.
7. User Obligations
In order to fully comply with the terms of this License Agreement, User obliges to: 1. Provide authentic information (including, without limitation, User’s current email address) upon registration, processing payments in the Game, and/or when filing complaints to Administrator. 2. Comply with clauses of this License Agreement and its Appendices rigorously. 3. Never disclose and/or forward her identification details that are used to access the Game to any third person or party. 4. Not use her Game Access, as provided by Administrator, for commercial purposes. 5. Not use any of the in-game valuables, items and/or advantages outside the Game (for either commercial or non-commercial purposes). 6. Comply with the order of introducing/crediting money towards payment for Features as set by the appropriate payment system, as well as bear all the risks associated with the procedure of transferring money to Administrator. 7. Not breach intellectual property rights of Administrator, the rights holders, or any other persons or parties associated with the Game and/or any Game components (including the Website and the Game Client). User, in particular, has no right to in any way copy, openly publish and notify of, or in any other manner distribute and replicate the Website, the Game (in full or in part), any materials (text, graphic, audio, video, etc.) from the Website or the Game, as well as the Game Client without obtaining prior written consent from Administrator. 8. At her sole discretion, familiarize herself with this License Agreement and its Appendices that are published by Administrator and are made publicly available on the Website.
9. Follow Administrator’s instructions associated with the Game that have been made clear to User in all and any appropriate ways. 10. At her sole discretion, provide all necessary technical and technological conditions for successful use of the rights and Features provided, including, without limitation, the following: o Equipment that enables User to access the Game; o Internet connection; o Software that is compatible with the HTTP data sharing protocol. 11. At her sole discretion, track availability of sufficient amounts of In-Game Currency in the User Account in the Game and save any documents that may act as proof of all necessary payments having been successfully completed throughout the whole period of use of the Game. 12. User guarantees that the money as a means of payment that is transferred to Administrator belongs to said User on a legitimate basis at the moment of transaction, and that User has full rights to manage and dispose of such money, including to pay for Features provided by Administrator.
8. Administrator Obligations
In order to fully comply with the terms of this License Agreement, Administrator obliges to (with certain provisos outlined in this License Agreement): 1. Provide User with Game Access and Features under the terms of and with restrictions as set out by this License Agreement and its Appendices. User accepts and agrees that Administrator’s obligations, as listed by this License Agreement, depend in part on compliance by User(s) with the terms of this License Agreement and its Appendices, and that Administrator reserves the right to deny User any further provision of Game Access and/or Features in cases prescribed by this License Agreement and its Appendices. 2. Observe confidentiality of Personal User Data provided by User, as well as not forward any User contact details to third persons or parties (except for persons or parties employed by Administrator exclusively with the purpose of executing the terms of this License Agreement and its Appendices), should this information not be publicly available as per User’s own discretion, unless required to by law, including court decisions and any other legislation of Russian Federation.
9. Validity Period And Termination Of This License Agreement
1. This License Agreement is deemed valid for as long as Administrator’s rights to the Game remain effective, or until Administrator terminates this License Agreement with User on the grounds set out by this License Agreement or appropriate law, or until User terminates this License Agreement. Administrator reserves the right to suspend or terminate at its sole discretion the effective validity of this License Agreement with immediate termination of Game Access, Website access and/or access to any separate components of the Game and/or Website for User, without any compensations or loss reimbursements to User and without any explication to User in cases defined in Appendix 1. 2. Administrator also reserves the right to suspend User’s Game Access, Website access and/or access to any separate components of the Game and/or Website for User in the following cases:: o Planned or emergency technical maintenance works (installing updates, fixing errors, etc.); o Incidence of unexpected technical failures, breakdowns and any other force-majeure (acts of God) circumstances that inhibit access to the Game and/or Website; o Incidence of external force-majeure (acts of God) circumstances; o Threats of damage for Administrator, any third party and/or Game Users. 3. User has the right to cease to use the Game and engage in the gaming process at any time at her sole discretion without notifying Administrator. 4. In cases when it is provided for by the Game mechanics/software, User may terminate this License Agreement at any time by deleting her User Account from the Game. 5. Administrator reserves the right to, at any time and solely at its own discretion, amend the order of provision of Game Access and/or Features in the Game, or to stop any further Game servicing,
in full or in part, which may result in amendment or termination of this License Agreement and its Appendices without prior User notification.
10. Party Liabilities
1. User bears responsibility for all of her actions associated with using the Game Access and for all the potential risks associated with obtaining Features under this License Agreement. 2. Administrator accepts no responsibility for any expenses and/or losses incurred by User, as well as any third person or party, arising from provision or non-provision of Game Access and/or Features by Administrator to User under this License Agreement. 3. User accepts full responsibility for safety and integrity of personal and identification details that provide access to the Game’s Server Component, as well as for any losses that may be incurred as a result of unauthorized use of access to such details. In case of loss of control over her User Account, User must immediately contact technical support to restore her access (any in-game valuables lost as a result of such loss of account control cannot be restored). 4. Under no circumstances does Administrator accept responsibility for User’s losses associated with the period of effective provision by Administrator of Game Access and/or Features, including, without limitation, losses incurred as a result of errors, glitches, pauses in connection, deletion of files, amendments to functions, defects, delays in data transmission and suchlike events that occurred through no fault of Administrator’s. 5. Administrator accepts no responsibility for any actions by User that result in damage to third persons or parties, including incidents of said User posting information on the Website or in the Game (including the Game Forum, Game Chat, etc.). User accepts full responsibility for any information or data, as well as materials, published by her on the Website and/or in the Game. 6. User hereby guarantees to Administrator that any information, details or materials posted, uploaded and/or referred to by her do not violate any third-party rights and are not contrary to the laws of the Russian Federation. In case of violation of third-party rights as a result of such posting or messaging, User obliges to compensate the losses incurred by Administrator and/or any third party at Administrator’s request, should these losses be incurred as a result of aforementioned actions by User. 7. In case when Administrator discovers, or has any reason to believe, that User engages in any unlawful activity (including fraud) associated with payment for Game Features, Administrator has a right to not only suspend or terminate this License Agreement, but forward appropriate information to the legislative body/bodies as prescribed by the Russian law to initiate and perform any necessary investigation. 8. The Game is provided to User in the form and version “as is”, and, to the extent permitted by law, Administrator denies any other guarantees, conditions, obligations and statements, explicit or implicit, according to the law, common rights, customs, traditions, standards, or otherwise, in relation to the Game. 9. In any circumstances Administrator’s responsibility may not exceed the value of additional (paid) services, or Features, in money equivalent, obtained by User and provided by Administrator. 10. This License Agreement is governed by the current laws of the Russian Federation in all areas that are not clearly set out by this License Agreement. 11. All disputes and litigations in reference to this License Agreement are to be resolved by means of written and verbal communication as part of pre-court mediation/settlement. Any claim must be processed and responded to within 10 working days from the moment of receipt. Should it be impossible to reach an agreement between the sides of the dispute in this manner, the dispute may be forwarded by either of the sides to the court of general jurisdiction at Administrator’s domicile (contractual jurisdiction).
11. Other Regulations
1. Recognizing any of the clauses of this License Agreement as invalid does not entail invalidity of any other clauses of this License Agreement and/or any of the Appendices.
Appendix 1 to the License Agreement
This Appendix contains an open list of User actions and deliberations that may cause Administrator, at its sole discretion, to deny, suspend or restrict provision of Services to User, including Game Access and Features. WARNING! In case User engages in any actions not outlined in these Rules that nevertheless result in discomfort in the Game experienced by other users or stifle Administrator’s working processes, as well as represent a breach from Administrator’s point of view, Administrator reserves the right to apply disciplinary measures to said User at its sole discretion, depending on the severity of such breach. Should User fully admit her guilt and express consent to diligently comply with this License Agreement (including its Appendices) in the future, Administrator has the right to impose on them a penalty payable to unlock the User Account prematurely before the suspension period is complete; however, Administrator reserves the right to refuse to unlock the User Account prematurely without explaining the reasons behind such decision.
1. General Rules: 1. Disrespectful behavior towards other Users, including, without limitation, the following: using profanities and/or insults in relation to other Users; using obscenities, insulting and provocative words, symbols and phrases when entering a name for one’s game character; using obscenities when entering names and descriptions of in-game user communities (e.g., teams); spamming (sending out information and announcements unrelated to the Game); flooding (multiple repeats, reproduction, copying and posting of the same information) in any of the Game’s chatting and messaging spaces. 2. Disrespectful behavior towards Administrator, including, without limitation, the following: using profanities and/or insults in relation to developers and Administrator; rude and obscene statements about the Game; using obscenities when communicating with and insulting game project helpers, threats of violence and/or physical harm; blackmailing other Users or project administrators; extortion of in-game and non-game valuables. 3. Promotion of hatred and/or discrimination of persons by race, gender, ethnicity, religion, social status, etc., as well as disrespectful attitude towards culture, race, people, language, politics and political regime, ideology, social movements, etc. 4. Advertising, i.e. distributing advertising information, that is not related to the Game, advertising products whose circulation is prohibited and/or restricted by the current laws of Russian Federation, as well as distributing information of external software that has not been approved by Administrator. 5. Pretending to be an Administrator’s representative, including, without limitation, the following: creating character names, titles of in-game user communities (e.g., teams) and other identification signs that suggest an inherent association with Administrator or its partners; presenting oneself as a Administrator’s employee or partner in front of other users. 6. Using Game errors, i.e. using technical in-game errors and/or errors in any complementary software employed by the Game. 7. Using prohibited software and cheating, including, without limitation, the following: 1. Using programs and devices that emulate User’s presence in the Game, modifying the Game Client, engaging in unauthorized access to Administrator’s servers, and obtaining access to the Game’s source code; 2. Using external software that enables server data spoofing, grants User gaming advantages inconsistent with the gaming process; intentionally engaging in actions that result in errors in the provision of the Service; 3. Intercepting data from the game server, decompiling and/or reverse engineering of any of the Game files; 4. Using unauthorized Game Client modifications (patches that alter the color or type of fonts, game character’s appearance, etc.). 8. Hacking user accounts and/or multi-accounting, including, without limitation, the following: 1. Distributing or intentionally coming into possession of information that allows obtaining access to Game user accounts or Website user accounts, distributing links to external
resources that contain such information, as well as using information that allows access to other user accounts in the Game or on the Website; 2. Disclosing one’s registration details to other Users; 3. Creating additional Game accounts (except for the cases when the original account had been hacked) in order to gain advantages over other users. 9. Selling or buying in-game valuables, including, without limitation, the following: 1. Distributing information on selling/buying in-game valuables, on developing and/or upgrading in-game characters for funds not stipulated for in the project, as well as on intentions of committing any of the said actions; 2. Distributing information on selling/buying in-game valuables for non-game valuables, including cash; 3. Actual selling and/or buying in-game valuables for funds not stipulated for in the Game; actual selling and/or buying of User Accounts. Any attempt to engage in any of the actions described above is strictly prohibited, as is using items and/or in-game valuables in the Game that were obtained by other Users as a result of breach of this License Agreement. 10. Fraud, including, without limitation, the following: using credit payment systems without timely compensation/return of credit, and/or any other actions (including any attempts to perform the aforementioned actions) which seek to cover up the fact of using or gaining benefits without timely compensation/return of executed payments. 11. Spreading rumors and/or libel seeking to discredit Administrator, other Users, the Game overall, as well as presenting Administrator’s employees with knowingly misleading information.
2. Jakalia Rules (in addition to General Rules): 1. Administrator reserves the right to block access to the application for any user account(s), or exercise any other measures, at any given time and for the reasons that include, without limitation, the breaches described in this document. The major criteria for making a decision to block a user account include the specific user performing actions that disrupt regular gaming process, contradicting the spirit and the main principles of fair play: that is, “fairness” and “competition” for all players. 2. Incidents of breach of conduct that entail penalties and/or ban of access to the game, constitute unfair play and include, without limitation, the following: 1. Fixing-up (or “cahoots”) between several players with the purpose of exchanging information in order to gain an advantage over other players, employing forbidden programs and services to achieve that; so-called “chip dumping”, which involves transferring chips from one user to another by losing intentionally. This provision covers creating multiple user accounts for one single User for the purposes described above; 2. Transferring Respect and other game valuables between accounts that belong to a single user; 3. Driving up the game valuables’ totals artificially by inviting accounts into the game that were specifically created for the purpose, as well as inviting other user accounts that belong to the same user, and by any other means not provided for by the application; 4. Using another person’s game account(s), as well as selling or in any other way transferring your own user account, or acquiring another person’s account, including doing so by means of exchange or gifting; 5. Selling and/or acquiring game valuables within the application from other users by any means that are not provided for by the rules of application user. 3. All actions described in clauses 2.2.2-2.2.4 entail an automatic and non-disputable blocking of the user account’s access to the application. 4. All actions described in Clause 2.2.5 entail blocking of the user account’s access to the application and permanently ridding the user of the right to re-register and use the application in the future again. 5. A player with 5 penalties gets her access to the application blocked forever without prior notification. 6. In case of any other breaches of conduct, the application admin team reserves the right to impose a penalty or block a user’s access to the application at its own discretion.
7. Jakalia(Administrator) takes extensive measures to detect and prevent fraud and unfair play, including checking user accounts, reviewing dealing history and analyzing programs running on player’s (User’s) computers and devices at the same time as Jakaliaapplication. 8. Should an employee of Jakaliateam (Administrator) believe that a User has engaged in unfair play, breaching the rules, Jakaliaadministration reserves the right to take appropriate measures. Unfair play is dealt with on the basis of the decision taken by the employee(s) of Jakaliateam (Administrator) without prior notification.
Effective Date: 25th May, 2018
This Policy may use terms and definitions as set out in the User Agreement, which this Policy and Game Rules (Appendix 1 to the User Agreement) constitute an inherent part of. The User Agreement and its Appendices together with this Policy are public documents and are available to any Internet user
What information of yours will be collected
The ways we collect personal data about you and how the information will be used, and
How you can control the collection, correction and/or deletion of information
1. Information we may collect
Name, Nickname and email address, profile information (e.g. profile photo)
Your messages to the Service (such as chat logs and user support tickets)
Automatically Collected Data:
IP address or other device address or ID
web browser and/or device type
Data we collect with cookies and similar technologies (see more below)
General location data and
Precise geo-location data (GPS, with your consent)
Data about your use of the Service, such as gameplay data and your interactions with other users inside the Service
Data about your account and game progress
We may obtain information, including Personal Data, from third parties and sources other than the Service, such as our partners and advertisers:
Data we receive if you link a third party tool with the Service (such as Facebook, WeChat or Google)
Demographic data (such as to determine the coarse location of your IP address)
Data to fight fraud (such as refund abuse in games or click fraud in advertising)
Data from platforms that the games run on (such as to verify payment)
Data for analytics and advertising purposes, so we can provide you a better Service
2. How we use the information we collect
Operations, Improvements, Communications:
We use the information
To operate, maintain, enhance and provide all features of the Service
To provide the services and information that you request
To respond to comments and questions
To provide support to users of the Service
To understand and analyze the preferences of users, to improve the Service, and to develop new products, services, feature, and functionality
Cookies And Tracking Technologies
We use automatically collected information and other information collected on the Service through cookies and similar technologies to:
personalize our Service
provide customized advertisements, content, and information
monitor and analyze the effectiveness of Service and third-party marketing activities
With your consent, we may process your data for additional purposes, such as using your GPS location to show you local events
3. To whom we disclose information
Other Players And Users
Any personally identifiable information you elect to make publicly available on our Service will be available to others.
Our Partners Working for Scarlet Swan
We limit the information provided to our partners to that which is reasonably necessary for them to perform their functions to provide the Service, such as hosting, user support, advertising, analytics and fraud prevention.
Law Enforcement And Public Authorities
We may disclose your information if required to do so by law, in response to subpoena or other legal proceeding or if we reasonably believe that such action is necessary to
comply with applicable laws and the reasonable requests of law enforcement
to enforce our Terms of Service or to protect the security or integrity of our Service
to exercise or protect the rights, property, or personal safety of OOO Centr Visokih Technologiy, our users or others.
Advertising And Social Media Partners
4. Data Transfer
Our Service is global by nature and your data can therefore be transferred to anywhere in the world. Because different countries may have different data protection laws than your own country, we take steps to ensure adequate safeguards are in place to protect your data as explained in this Policy. Adequate safeguards that our partners may use include standard contractual clauses approved by EU Commission and the Privacy Shield certification in case of transfers to the USA.
5. Your Choices And Rights
Opt-Out Of Commercial Communications And Other Direct Marketing
You may opt-out of receiving marketing emails from us by following the instructions in such communications.
Opt-Out Of Targeted Advertising
You can opt-out of interest-based advertising on mobile applications by checking the privacy settings of your Android or iOS device and selecting “limit ad tracking” (Apple iOS) or “opt-out of interest based ads” (Android). For more information, see also: http://scarletswan.ru/eng/opt-out.
Access, Correction, Deletion
If you wish to access or correct any Personal Data we hold about you, or to request that we delete any information about you, or restrict how we use or share your data you may contact us as set forth in the “Contact Us” section. We will respond to all requests within a reasonable timeframe.
Cookies And Similar Technologies
You can disable cookies in your browser settings, but some parts of the Service may then not function properly.
6. How Do We Protect Your Data
We take all the necessary and sufficient measures, organizational and technical, to protect your Data from unlawful and/or accidental access, destruction, amendment, blocking, copying, distribution, and any other unlawful actions by any third party.
This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize Personal Data.
If you have any questions about security on our Site, you can contact us at firstname.lastname@example.org.
If we learn of a security systems breach, we will inform you of the occurrence of the breach in accordance with applicable laws of the Russian Federation and international legislation.
We retain your data for as long as your account is active or as needed to provide you the Service. We will for example periodically de-identify unused game accounts and we regularly review and de-identify unnecessary data.
Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.
We do not knowingly collect or solicit personal data about or direct or target interest based advertising to anyone under the age of 13 or knowingly allow such persons to use our Services. If you are under 13, please do not send any data about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal data. If we learn that we have collected personal data about a child under age 13 and without verifiable parental consent, we will delete that data as quickly as possible. If you believe that we might have any data from or about a child under the age of 13, please contact us.
7. Contact Us
Name of the controller: OOO Centr Visokih Technologiy
Address: Moscow, University St.4,348