LICENSE AGREEMENT
This License Agreement (hereinafter referred to as the "Agreement") governs the relationship between LLC "ROCKSTONE DEVELOPMENT," hereinafter referred to as the "Licensor," and you, the Licensee of the Application (hereinafter referred to as the "Licensee"), regarding the Application.
Terms used in this Agreement
1.1. Application - the interactive application "Mergic Pets" 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 - Limited Liability Company LLC "ROCKSTONE DEVELOPMENT," which grants the right to use the Application on the terms of a non-exclusive license to Licensees and makes public the dissemination, distribution, operation, maintenance, and administration of the Application. Under the terms of this Agreement, the Licensor grants the right to use the Application to Licensees for the Application and Additional Application Functionality. The Licensor is a Party to this Agreement.
1.4. Licensee - an individual with the necessary legal capacity and who has reached the age of 18 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 unit of measurement for the rights to the Additional Functionality of the Application is referred to as a "Bottle." 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, and requiring installation on the Licensee's personal computer. 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. Copies of the Client Part of the Application distributed on tangible media may be provided to the Licensee for a fee.
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, located on the Internet at the address specified in Section 8 of this 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 informs the Licensee about such changes by posting information on the Application Forum. 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.
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 (automatically) grants an irrevocable simple (non-exclusive) license and the right to use the respective content in the activities of the Licensor. This includes, but is not limited to, advertising the Licensor and/or the Application, Resources, worldwide, including the right to reproduce, distribute, and publish content for a wide range of users, in whole or in part, in any format and on any medium, existing or to be developed in the future, translation, dissemination, modification of content, the right to use content on the Internet, in advertising, offers for sale or provision of services, and in other materials, including by incorporating content into a composite work or another complex object without payment of any remuneration or the need for any additional consent or permissions. The license period is the term of the exclusive rights to the content.
2.6. Content Database Inclusion: By placing content in the Application and/or on Resources or directing content to them for posting, the Licensee simultaneously assures and guarantees their agreement to include the content in the Licensor's database and the subsequent use of the content in the database in any form and by any means.
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, within the limits defined by this Agreement. 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. The subsequent use of Rights Units by the Licensee is exclusively within the framework of using the Application and does not entail any responsibility for their use/non-use by the Licensee. Any claims by the Licensee arising from this under Article 1062 of the Civil Code of the Russian Federation cannot be subject to judicial protection.
3.2. Acquisition of Additional Functionality Rights: The acquisition and payment of the rights to use the Additional Functionality of the Application are not a necessary condition for the Licensee's participation in the Application or the acquisition of the rights to use the Application as a whole, unless otherwise provided in this Agreement. Rights to use the Additional Functionality of the Application are provided upon request and at the Licensee's discretion. The Additional Functionality of the Application is an integral part of the Application, is not a separate program, and the rights to its use can be exercised by the Licensee only in connection with the use of the Application.
Limits of Application and Additional Functionality Usage
4.1. Licensee's Rights: 4.1.1. The Licensee is entitled to use the Application and its Additional Functionality in the following ways:
• Participate in the Application by creating an account and modifying the content of the Application during such participation, adhering to the Rules of the Application;
• Reproduce the Client Part of the Application by launching it through the website for the purpose of participating in the Game;
• Upon payment of the corresponding right to use the Additional Functionality of the Application in accordance with this Agreement, use the Additional Functionality of the Application.
4.2. Restrictions on Licensee: 4.2.1. The Licensee is not allowed to:
• Distribute the Client Part of the Application or its copies for commercial or non-commercial purposes, either by distributing physical media with it or by posting it on the Internet for download by specific individuals or an unlimited audience;
• Translate the Application into other languages;
• Commercially distribute audiovisual displays present in the Application outside the Application;
• Transfer the granted rights to use the Application and/or its Additional Functionality to other Licensees or third parties by entering into a sublicense agreement or by any other means;
• Use the Application in ways not provided for in this Agreement and beyond the normal application usage process.
Licensor's Obligations
The Licensor undertakes the following obligations:
5.1. License Grant: In accordance with the terms outlined in this Agreement, provide the Licensee with the opportunity to use the Application, grant the right to use the Application as software and/or a database, and its Additional Functionality.
5.2. Ensure Usage Process: Considering the conditions outlined in this Agreement, ensure the process of using the application.
5.3. Amendments to the Agreement: The Licensor has the right to make any changes to this Agreement without prior notice to the Licensee.
5.4. Free Launch: Provide the Licensee with the opportunity for free launching of the Client Part of the Application through the Internet using third-party websites, based on an agreement between the Licensor and the website, unless otherwise specified in this Agreement.
Licensor's rights
The Licensor has the following rights:
6.1. At any time, unilaterally restrict, expand, or modify the content of the Application without prior notice to the Licensee;
6.2. Manage the Application and its processes exclusively at its discretion, suspend or modify the course of the process, and modify the terms of the Application without prior notice to the Licensee;
6.3. At any time, modify or delete any information posted by the Licensee on the Licensor's Resources, including statements and announcements made by the Licensee;
6.4. Suspend, restrict, and/or terminate the Licensee's access to the Application under the terms of this Agreement, including if the Licensee fails to comply with the terms of this Agreement or the Application Rules;
6.5. Collect statistical data and identify the Licensee by establishing and storing information about the Licensee's IP addresses, using technical information files (cookies) placed on the Licensee's personal computer;
6.6. Send informational or technical messages related to the Application to the Licensees;
6.7. During gameplay, warn, notify, and inform Licensees of violations of the Application Rules or other terms of this Agreement. The Licensor's instructions given during application use must be followed by the Licensee.
6.8. Modify, supplement, or modify the Application or any of its parts, including the Client part of the Application, at any time without prior notice to the Licensee;
6.9. Take measures not prohibited by law to protect its intellectual property rights in relation to the Application;
6.10. Terminate access to the Application or its functionality (close the Application) at any time without prior notice to the Licensee.
Licensee's obligations
7.1. The Licensee shall:
7.1.1. Comply with the terms of this Agreement, including the Application Rules, without any restrictions;
7.1.2. Not otherwise violate Licensor's intellectual property rights in relation to the Application and/or any components of the Licensor's Resources. In particular, the Licensee shall not copy, transmit, distribute, publish, or otherwise disseminate materials (text, graphics, audio-video) contained in the Application Resources without the Licensor's written consent;
7.1.3. Take appropriate measures to ensure the security of their accounts in the Application and prevent unauthorized use of their accounts by third parties;
7.1.4. Follow Licensor's instructions, including those given by the Licensor to the Licensee or group of Licensees in the Application, in the user support center (Licensees) or on the Licensor's forum. In case of Licensee's failure to comply with such instructions, the Licensor has the right to suspend, restrict, or terminate the Licensee's access to the Application or Additional Application functionality;
7.1.5. Comply with other requirements and fulfill other obligations provided for in this Agreement and the Application Rules.
7.1.6. The Licensee must periodically review the content of this Agreement on the Internet at the address and monitor any changes made to it.
7.1.7. By accepting this user agreement, the Licensee confirms that they consent to receiving advertising and other information strictly related to their subscription topic in the form of a company's free information newsletter at the email address provided during registration.
Application Rules
8.1. It is prohibited to distribute viruses, malware, and any other harmful and dangerous software code. Additionally, it is prohibited to distribute content that harms or interferes with the networks, servers, or other elements of the infrastructure of LLC "ROCKSTONE DEVELOPMENT" and third parties.
8.2. It is prohibited to distribute content that promotes intolerance or aggression towards groups of people based on their race, ethnicity, religion, disability, gender, age, veteran status, or sexual orientation.
8.3. It is prohibited to distribute personal and confidential information of third parties, including credit card numbers, confidential national identification numbers, and account passwords, without their permission.
8.4. It is prohibited to use other users' accounts without their permission. It is prohibited to use the Application for phishing, i.e., to perform any actions aimed at obtaining access to users' (licensees) confidential data.
8.5. It is prohibited to distribute content that exploits children (e.g., child pornography, including animation), as well as content that presents children in a sexual aspect.
8.6. It is prohibited to distribute any kind of spam and impose services, advertisements, and commercial materials on users.
8.7. It is prohibited to distribute materials containing nudity, images of sexual acts, as well as materials of an overtly sexual nature. The profile photo should not be indecent or offensive in nature. For example, it is prohibited to use photos that prominently feature buttocks or revealing cleavage.
8.8. It is prohibited to insult, humiliate, and intimidate other users. Content that violates this rule may be removed, and the user who posted it may be blocked.
8.9. It is prohibited to distribute materials containing scenes of violence, including against animals.
8.10. Advertising of alcohol and narcotics is prohibited, as well as propaganda of a lifestyle associated with the use of alcohol and substances that cause narcotic intoxication, including "digital drugs" (sound files that affect the human brain through binaural rhythms), information about the distribution of drugs, recipes for their production, and advice on use;
8.11. It is prohibited to distribute materials that contain descriptions of means and methods of suicide, any incitement to commit it;
It is prohibited to distribute materials containing extremist materials;
8.13. It is prohibited to distribute materials that promote criminal activity or contain advice, instructions, or guides on committing criminal acts;
8.14. It is prohibited to use programs that emulate the presence of a user in the Application;
8.15. It is prohibited to distribute materials that violate the rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.
8.12. Questions about responsibility and measures taken in case of non-compliance by the Licensee can be addressed on the Internet at support@rockstonedev.ru
Final Provisions
9.1. This License Agreement is governed and interpreted in accordance with the legislation of the Russian Federation. Issues not regulated by the License Agreement shall be resolved in accordance with the current legislation of the Russian Federation.
9.2. In case of any disputes or disagreements related to this License Agreement, the Licensor and the Licensee shall make every effort to resolve them through negotiations between them. If the disputes are not resolved through negotiations, they shall be resolved in accordance with the procedure established by the current legislation of the Russian Federation.
9.3. If for any reason one or more provisions of this License Agreement are deemed invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions.
9.4. This License Agreement enters into force for the Licensee from the moment of its acquaintance with it and is valid for an indefinite period.
9.5. This License Agreement may be amended by the Licensor without any special notice to the Licensee, and the new version of the License Agreement comes into force from the moment of its publication on the Internet, unless otherwise provided by the License Agreement. The use of the Application by the Licensee after the changes to this License Agreement is deemed to be his agreement with such changes.
9.6. For questions related to the execution of this License Agreement, please contact the Licensor at the following address:
Russian Federation, 454084 Chelyabinsk, Prospekt Pobedy 160, 5th floor.