This License Agreement (hereinafter referred to as the "Agreement") governs the relationship between the company operating the Application (hereinafter referred to as the "Licensor") and you, the Licensee of the Application (hereinafter referred to as the "Licensee"), regarding the Application.
1. Terms used in this Agreement
1.1. Application — the interactive application operated by the Licensor, constituting a program that includes the Client Part of the application and the Application Resources, including all additions and updates to the Application, and the server part of the Application software. The operation and maintenance of the Application, as well as providing Licensees access to the Application, are carried out exclusively by the Licensor. Licensees participate in the Application in an interactive (online) mode by launching the product through the website. The Licensee operates the Client Part of the Application and/or connects the Licensee through the Internet to the Resources of the Licensor's Application. The functioning of the Application is based on the Free-To-Play model, which means granting the Licensee the right to use the Application by participating in the Application without paying a subscription fee or any other mandatory payments required to participate in the Application and/or progress in the gameplay. The Licensor owns the necessary rights to the Application and all its elements, taken individually and collectively. The Licensor is entitled to use, operate, and distribute the Application in the respective territories where it ensures its use, operation, and distribution.
1.2. Application Resources (Resources) — all servers, any software and/or databases related to the Application.
1.3. Licensor — the legal entity that operates, publishes or administers the Application and grants the right to use the Application on the terms of a non-exclusive license to Licensees.
1.4. Licensee — an individual with the necessary legal capacity and has reached the age required by applicable law to enter into this Agreement, participating in the Application and to whom, in accordance with this Agreement, the right to use the Application is granted within the limits specified in this Agreement. The Licensee is a Party to this Agreement.
1.5. Licensee's Content (Content) — any information posted by the Licensee in the Application and/or on the Resources. Such content may include (but is not limited to) reviews, overviews, reviews, videos and photos, comments, etc.
1.6. Transfer of the right to use the Application — the Licensor's provision to the Licensee of the right to use the Application, as well as access to the Resources of the Application, including the right to launch the product, access to participation in the Application, use its capabilities, on the terms and in the manner determined by this Agreement and the standard operating mode of the Application. The Licensor provides the Licensee with the right to use the Application, excluding the Additional functionality of the Application, free of charge.
1.7. Additional functionality of the Application — the functional (software) capabilities of the Application that allow the Licensee, for a fee, the amount and conditions of which are determined by this Agreement, to obtain the right to access on the terms of a non-exclusive license to use additional benefits and privileges in the Application.
1.8. Unit of Measurement of Additional Application Functionality Rights (Rights Units) — a virtual unit credited by the Licensor to the Licensee's in-game account within the Application, determining the extent of the Licensee's rights to use the Additional Functionality of the Application. The volume of rights granted to the Licensee to use the Additional Functionality of the Application is determined based on the number of Rights Units acquired by the Licensee.
1.9. Client Part of the Application — the software necessary for the Licensee's participation in the Application, including access to the Additional Functionality of the Application. The Licensee launches the Client Part of the Application independently through the website on the Licensee's computer. The Licensor and/or its authorized representatives may distribute the Client Part of the Application both through the Internet and on tangible media. The Client Part of the Application distributed over the Internet through the website is provided to the Licensee free of charge unless otherwise specified in this Agreement.
1.10. License Agreement — the text of this Agreement between the Licensor and the Licensee, containing all necessary and essential terms of the license agreement for the use of the Application, including the Additional Functionality of the Application. Attached to this Agreement and an integral part thereof are the Rules of the Application, as well as other documents referenced in this Agreement.
1.11. Rules of the Application (Rules) — Appendices to the License Agreement regulating the rules of participation and conduct of the Licensee in the Application, restrictions on the actions of the Licensee in the Application, as well as the Licensee's responsibility for non-compliance with such Rules and failure to comply with restrictions, the Licensor's rights to apply certain measures to the Licensee under this Agreement, and the conditions for applying such measures. The Rules of the Application may be amended by the Licensor at any time without prior notice to the Licensee. The Licensor recommends that the Licensee regularly check the terms of this Agreement for changes and/or additions. The Licensee's continued participation in the Application after the amendment of this Agreement or the Rules of the Application is deemed acceptance of such changes.
2. Terms of Adherence to this License Agreement
2.1. Registration: Registration in the Application constitutes automatic acceptance of this Agreement and the Privacy Policy.
2.2. Registration Process: Registration is conducted through social networks or email. Registration is free and voluntary.
2.3. Personal Information: The Licensee's personal information stored in the account and used during the Application usage is stored and processed by the Licensor in accordance with the terms of the Personal Data Privacy Policy, an integral part of this Agreement.
2.4. Security Measures: For security purposes, the Licensee is obligated to independently ensure the secure logout from their account at the end of each session in the Application. The Licensor is not liable for potential data loss or damage, as well as any other consequences resulting from the Licensee's violation of the provisions of this section of the Agreement.
2.5. Content Submission: By posting content on Resources, within the Application, or directing content to them for posting purposes, the Licensee simultaneously grants an irrevocable simple (non-exclusive) license to use such content in the activities of the Licensor worldwide, including reproduction, distribution, publication, modification, translation and use in advertising or other materials without payment of remuneration.
2.6. Content Database Inclusion: By placing content in the Application and/or on Resources or directing content to them for posting, the Licensee agrees to include such content in the Licensor's database and its further use by the Licensor.
3. Subject of the Agreement
3.1. License Grant: Pursuant to this Agreement and provided the Licensee complies with its respective conditions, the Licensor grants the Licensee a simple non-exclusive license to use the Application as software and/or a database. This includes access to participation in the Application and to the Additional Functionality of the Application. The right to use the Additional Functionality of the Application is deemed granted upon the crediting of Rights Units to the Licensee's in-game account. Any claims related to the use of virtual items, virtual currency or Rights Units shall not be subject to judicial protection to the extent permitted by applicable law.
3.2. Acquisition of Additional Functionality Rights: The acquisition and payment of rights to use the Additional Functionality of the Application are not mandatory for participation in the Application and are provided at the Licensee's discretion.
3.3. Virtual Items and Virtual Currency
All virtual items, virtual currency, Rights Units and other digital content available within the Application are part of the Application services and are provided to the Licensee solely as a limited right to use within the Application.
Such virtual items and virtual currency have no monetary value outside the Application and do not constitute property of the Licensee. The Licensor retains all rights, title and interest in and to all virtual items, virtual currency and Rights Units.
The Licensee acknowledges that the use of virtual items and virtual currency is limited to the functionality provided within the Application and cannot be transferred, exchanged, sold or redeemed outside the Application.
3.4. Payments and Refund Policy
Payments made by the Licensee for obtaining rights to use Additional Functionality, virtual items, virtual currency or Rights Units within the Application are final and non-refundable to the extent permitted by applicable law.
The Licensee acknowledges that all purchases provide only a limited license to use the corresponding digital functionality within the Application and do not grant ownership rights.
4. Limits of Application Usage
4.1. Licensee's Rights
The Licensee may:
• Participate in the Application by creating an account and modifying content during participation in accordance with the Rules.
• Launch the Client Part of the Application through the website.
• Use Additional Functionality after obtaining the relevant rights.
4.2. Restrictions
The Licensee may not:
• Distribute the Client Part of the Application.
• Translate the Application.
• Commercially distribute audiovisual displays of the Application.
• Transfer rights to third parties.
• Use the Application in ways not provided by this Agreement.
• The Licensee shall not sell, transfer, exchange, or otherwise distribute accounts, virtual items, virtual currency, Rights Units or any other elements of the Application for real money or other consideration outside the Application.
Any such actions are prohibited and may result in suspension or termination of access to the Application.
5. Licensor's Obligations
5.1. Provide the Licensee with the possibility to use the Application.
5.2. Ensure the functioning of the Application.
5.3. Amend this Agreement at any time.
5.4. Provide free launch of the Client Part via the Internet.
6. Licensor's Rights
The Licensor may at any time:
6.1. Modify or expand the Application.
6.2. Manage gameplay processes.
6.3. Delete information posted by users.
6.4. Suspend or terminate user access.
6.5. Collect statistical data and use cookies.
6.6. Send service messages.
6.7. Protect intellectual property rights.
6.8. Terminate the Application entirely.
6.9. Account Suspension and Termination
The Licensor reserves the right, at its sole discretion and without prior notice, to suspend, restrict or terminate the Licensee's access to the Application or any part of its functionality at any time.
Such suspension or termination may occur for reasons including, but not limited to:
• violation of this Agreement or the Application Rules
• suspected fraudulent, abusive or unlawful activity
• technical, security or operational reasons
• protection of the Licensor's legitimate interests
The Licensor shall not be liable for any consequences arising from the suspension or termination of access to the Application, including loss of game progress, virtual items, virtual currency or Rights Units.
7. Licensee's Obligations
The Licensee must:
7.1. Comply with this Agreement and Rules.
7.2. Not violate intellectual property rights.
7.3. Protect their account security.
7.4. Follow Licensor instructions.
7.5. Monitor Agreement updates.
7.6. Accept receiving informational messages related to the Application.
8. Application Rules
Users are prohibited from:
8.1. Distributing viruses or malware.
8.2. Promoting discrimination or aggression.
8.3. Publishing confidential personal data.
8.4. Using other users' accounts.
8.5. Distributing content exploiting children.
8.6. Spamming or imposing advertising.
8.7. Publishing explicit sexual content.
8.8. Insulting or intimidating users.
8.9. Publishing violent content.
8.10. Promoting alcohol, narcotics or drug distribution.
8.11. Publishing materials encouraging suicide.
8.12. Publishing extremist materials.
8.13. Promoting criminal activity.
8.14. Using automation or presence emulation software.
8.15. Publishing materials violating applicable law.
Questions regarding violations may be directed to: support@rockstonedev.com
9. Limitation of Liability
9.1. To the maximum extent permitted by applicable law, the Application is provided on an "as is" and "as available" basis.
9.2. The Licensor shall not be liable for:
• interruptions or temporary unavailability of the Application
• loss of data or game progress
• loss of virtual items or virtual currency
• actions of third parties or other users
• any indirect, incidental or consequential damages arising from the use of the Application
9.3. The Licensor does not guarantee uninterrupted or error-free operation of the Application.
10. Service Availability and Force Majeure
10.1. The Licensor does not guarantee uninterrupted or error-free operation of the Application. The Application may be temporarily unavailable due to maintenance, updates, technical issues, network failures or other operational reasons.
10.2. The Licensor shall not be liable for delays, interruptions or inability to provide access to the Application caused by events beyond the Licensor's reasonable control, including but not limited to:
• failures of telecommunications networks or Internet infrastructure
• hardware or software failures
• cyber attacks or unauthorized access attempts
• actions of third-party service providers or hosting providers
• natural disasters, fires, floods, earthquakes or other force majeure events
• government actions or legal restrictions
10.3. During such events, the Licensor reserves the right to suspend or limit access to the Application until normal operation is restored.
11. Final Provisions
11.1. This Agreement shall be governed and interpreted in accordance with the applicable laws of the jurisdiction where the Licensor is registered.
11.2. Disputes shall first be resolved through negotiations. If negotiations fail, disputes shall be resolved under the applicable laws of the jurisdiction of the Licensor.
11.3. If any provision of this Agreement is invalid, the remaining provisions remain in force.
11.4. This Agreement enters into force when the Licensee becomes acquainted with it and remains valid indefinitely.
11.5. The Licensor may amend this Agreement at any time by publishing an updated version. Continued use of the Application constitutes acceptance of the updated Agreement.