TERMS AND CONDITIONS OF SERVICE

Last updated: 1 December 2017

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.

These terms and conditions of Service (this “agreement”) (together with the documents referred to in it) is a legal agreement between you and Globo Games LLP (Company Number 7709859162), a Russia company having its registered office at Derbenevskaya naberezhnaya 11-902, Moscow, Russia, (hereinafter "GG" or "Us" or "We") for the use of GG's games, websites and related services (the "Service"). Use of the Service is also governed by GG's Privacy Policy and other relevant policies, which are incorporated herein by reference.

GG makes this website and its mobile games, including all information, text, graphics, software, and services, available for your use subject to the terms and conditions set forth in this document ("Terms of Service"). By using and/or registering to use this website and the services offered on it, downloading any software, or browsing the website, as well as by downloading any of GG’s mobile games from app stores (“Services”) (whether as a free user or a paid user), you must read, agree with and accept all of the terms and conditions contained in this agreement. This agreement is provided to you and concluded in English. You agree that any use by you of the Services shall constitute your acceptance of the agreement. We recommend that you store or print-off a copy of the agreement (including all policies) for your records.

If you do not agree to the terms and conditions of this agreement, please refrain from using Services.

By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

GG is authorized to amend the Terms of Service at any time, with the amended Terms of Service effective as soon as they are posted on this website. Please check the most current Terms of Service to ensure that you are aware of all the terms and conditions regulating your use of this website and GG’s games. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the GG’s Privacy Policy, or any other GG policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

GG reserves the right to make changes to or update the content of the website and its games or the format thereof at any time and without any notice. GG reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.

APPLICABLE TERMS

This agreement refers to the following additional terms, which also apply to your use of Services:

LICENSE

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant GG policies, GG grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

WARRANTIES AND DISCLAIMERS

Use of Services is at your own risk. Services are provided on an “as is” basis. We do not warrant or guarantee that Services and all or part of its contents will be always available or that its use will not be interrupted.

You acknowledge that Services may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this agreement.

WITHOUT LIMITING GG'S LIABILITY, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

GG ASSUMES NO RESPONSIBILITY FOR ERRORS IN THE SOFTWARE, INFORMATION, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.

DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not fully apply to you.

You must be at least 13 years old to access and/or use our website or Games. If you are a minor over the age of 13, we recommend seeking consent from a parent or legal guardian before accessing and/or using our website or Games.

CHANGES TO THESE TERMS

You understand that the Service is an evolving one. GG may require that you accept updates to the Service and to GG's games you have installed on your device or computer or using through your computer browser. We may revise this agreement (or any of the documents referred to in this agreement) at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in Services. Services are protected by international copyright laws and treaties. All such rights are reserved.

Copyrights, trademarks, and all other proprietary rights shown in the content (including, but not limited to, software, services, text, graphics, and logos) (“Trade Marks”) are owned by us, our group companies or third party partners of us. You cannot vary, reproduce, use, copy, edit, distribute, store, publish, display, transmit, commercially exploit or disseminate the Trade Marks without our prior written consent.

All title, rights and interest in and to the Service (including without limitation any games, titles, computer code, concepts, characters, character names, artwork, animations, stories, dialogue, themes, objects, catch phrases, sounds, musical compositions, audio-visual effects, moral rights, documentation, methods of operation, in-game chat transcripts, character profile information, recordings of games played using a GG game client, and the GG game clients and server software) are owned by GG.

You acknowledge that GG’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your device and other equipment.

You agree that the intellectual property rights in Services are licensed, not sold to you, and that you have no rights other than the right to use the Services in accordance with the terms and conditions of this agreement. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form, only for non-commercial use. Any other use of the content without the prior written consent of GG is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

If you copy or download any part of Trade Marks in breach of this agreement, your right to use the Services will cease immediately and you must, at our sole discretion, return or destroy any copies of the materials you have made.

GG disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by GG "AS IS," without warranty of any kind, either expressed or implied.

LOGIN INFORMATION AND YOUR GG ACCOUNT

You may register to access the Services by creating an account with us by providing a username and/or email address and a password (“Login Information”) or by logging in through your Facebook or other social network account.

You may use Services as a free user and make in-game purchases, or continue using Services only as a free user.

Access to Services is permitted on a temporary basis and we reserve the right to withdraw or amend the services or functionality that we provide on Services without notice.

From time to time, we may restrict access to some parts of Services, or the entire Services, to users who have registered with us. We will use reasonable endeavours to fix issues and bugs in Services as quickly as we can.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this agreement.

You shall not let anyone else access your account or share your account or your Login Information, nor or do anything else that could harm the security measures of your account. You are solely responsible for keeping your Login Information in confidentiality, and you will be solely responsible for all uses thereof, including any purchases, loss of thereof, Service Charges or other changes to your account, whether or not performed and authorized by you. GG does not hold any responsibility for anything that happens through or to your account and/or account status as a result of you allowing any third party to access your Login Information and/or account.

GG reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. The Service supports only one Account per Game on a supported device.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY TITLE TO THE ACCOUNT, AND YOU ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL ONLY BE OWNED BY AND TO THE BENEFIT OF GG.

ACCEPTABLE USE RESTRICTIONS

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

(together the “Restricted Activities”).

GG reserves the right to determine what conduct it considers to be in violation of the rules of use of our Services.

GG reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

You acknowledge and agree that if we decide, at our sole discretion that you have violated this agreement, we may suspend your access to the violating item/items and/or your access to and use of our Services fully or in part may be suspended or terminated.

You also are prohibited to use our Services if: (i) you cannot enter into a binding contract with us and your legal guardian has not agreed to these Terms of Service on your behalf; (ii) you are a convicted sex offender; (iii) you do not agree to these Terms of Service; or (iv) we have previously banned you from using GG Services.

SUPPLEMENTAL POLICIES

Additional policies related to specific services (including but not limited to forums, contests, or loyalty programs) can be issued by GG. Your right to use such services is subject to the pertinent policies and these Terms of Service.

Some of our Services are available for your use or download from mobile application platform providers like Google or Apple, each of which may require you to register with them and hold an account in order to access and use our Services. GG Services are not endorsed by Google or Apple. If you create an account with any mobile application platform, you are subject to any terms and conditions imposed by those platforms and you acknowledge that all obligations imposed by such mobile application platform are in addition to your obligations under these Terms of Service.

GG may publish additional policies regulated specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

PAYMENTS

If you wish to make in-game purchases, you agree to us processing your payment details. Payments will be payable to us in the currency of the country in which you live, and shall be non-refundable.

Online Purchasing:

In-Game Currencies and Goods:

In no circumstance can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Trading Virtual Currency or Virtual Items outside the Game interface is strictly prohibited.

You also agree that all prices for Virtual Currency and Virtual Items are final. Neither third-party payment providers nor GG will refund you for completed transactions. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not have title to it. In case your account becomes closed, terminated, suspended, modified, or deleted for any reason, at GG’s sole and absolute discretion, or if GG discontinues its Games, you forfeit any and all Virtual Currency and Virtual Items earned or purchased. GG has the absolute right to amend, control, regulate, modify, and/or eliminate Virtual Currency and/or Virtual Items as it deems fit and at its sole discretion, and GG is under no obligation to compensate you or anyone else for any resulting losses.

RIGHTS TO CONTENT

“Content” refers to all software (including without limitation all games, titles, and computer code), communications (including without limitation all documentation, stories, concepts, dialogues, and character profile information), images, sounds and audio-visual effects, accounts, Virtual Currency and Virtual Items, and material produced by GG and/or received or made available to you during use of Services or developed during the course of the Games. Content also includes all feedback, comments, or suggestions that GG receives from you regarding the Games. Unless otherwise expressly stated in writing, you understand and agree that all Content is owned by GG.

GG reserves the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensating you. All Content is copyrighted under the copyright laws of Cyprus and/or international laws/laws of other jurisdictions, protecting it from unauthorized use.

If you are deemed to have acquired any right to our Content or any part of it, you agree to and expressly assign solely and exclusively to GG all of your rights to, titles of, and interests in such Content or any part of such Content without any need of additional consideration and in perpetuity under all applicable laws. If, for any reason, such assignment is void under the provisions of applicable law, you agree to grant GG the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative work from, transmit, publish, transfer, use, distribute, sell, publicly display such Content. To the extent permitted by applicable laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.

If you make any suggestions for improvement or give feedback on our Services or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use and incorporate such suggestions and feedback in GG Services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback (such as the right to be identified as the author).

At our discretion, we may choose to monitor certain Content in the Games, though we cannot and have no intent to monitor all Content. We may amend, revoke posting, or remove any Content posted in the Games or in any Games-related sources that is regarded objectionable or violates these Terms at our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. You understand and agree that we are not to be held liable for any Content generated by users of the Games. This implies that users, not us, are entirely responsible for any of the Content they make available, upload, communicate, transmit via our Games and related services.

At our discretion, our representatives or technology may monitor and/or record the history of your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you give us your irrevocable express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

INFORMATION PROVIDED BY YOU

The use of all materials and information sent through or in connection with this website and/or GG’s software or Games by you is subject to our Privacy Policy.

You acknowledge and agree that GG may use built-in tracking features in order to collect the information on your use of the Games in order to improve the services we provide, and agree that such information is to be regarded as Content for all intents and purposes under these Terms.

Information Use by Other Members of the Service:

Submission of User Content

YOUR INDEMNITIES AND UNDERTAKINGS

Except as expressly set out in this agreement or as permitted by any local law, you undertake:

Notwithstanding clause 12.1 and 12.2, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of Services otherwise than in accordance with this agreement or any applicable laws.

You warrant to us that all the information you provide to us is true and accurate to the best of your knowledge.

You agree to indemnify, defend and hold GG (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the GG, or any breach by you of these Terms of Service.

INDEMNITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GG SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, GG SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO GG IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO GG DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND GG 'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH GG IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF GG OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GG.

SEVERABILITY

You and GG agree that if any part of these terms is or becomes, in whole or in part, ineffective, invalid or unenforceable under any applicable local laws or court, it is to be deemed excluded from these terms, and the rest of the terms shall remain in full force and effect.

We may revise this agreement (or any of the documents referred to in this agreement) at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE

WITHOUT LIMITING ANY OTHER OUR REMEDIES, WE MAY CANCEL, LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS, PROHIBIT ACCESS TO OUR SERVICES AND THEIR CONTENT, AMEND OR REMOVE HOSTED CONTENT, AND TAKE ANY REASONABLE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE HAVE GROUNDS TO SUSPECT THAT THEY ARE BEING A RISK OR ARE CAUSING ANY POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS, OR ACTING IN BREACH OF THIS AGREEMENT OR SPIRIT OF OUR TERMS OR POLICIES.

GG RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS. GG IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

GG has the right to terminate the offering and/or supporting the Service or a particular part of the Service at any time, which may result in automatic termination of your license to use the Service. In such event, GG does not have an obligation to refund you or provide any benefits or other compensation to users in connection with such terminated Service. Dicsontinuation of your Account can include disabling your access to the Service or any part thereof including inability to access or preview any content you submitted or other users of the Services have submitted.

You have a right to unilaterally terminate your Account at any time and for any reason by following the process described on our support e-mail [email protected] informing GG that you wish to terminate your Account.

ASSIGNMENT

GG may assign or delegate these Terms of Service and/or the GG Policies, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Policies without GG's prior written consent, and any unauthorized assignment and delegation by you is ineffective

APPLICABLE LAW

These Terms of Use and all disputes relating to them shall be governed by and construed in accordance with the laws of Russian Federation.

FORCE MAJEURE

GG shall not be liable for any delay or failure to perform its obligations resulting from causes outside the reasonable control of GG, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond GG's reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.