The terms of this agreement (hereinafter «Terms») govern the relationship between You (hereinafter «You») and Fun Factory LLC (hereinafter «Company» or «We» or «Gamexp.com») regarding Your use of Company’s games and related services, which include applications for mobile devices and Company branded websites. In this agreement, «Company» means Fun Factory LLC located at 121357, Russia, Moscow, Vereyskaya str., 29 build. 134.
Your use of the Game Services, registration of an Extra Account in the Game, the beginning of gameplay in any game, posting a message in the forum/game chat, as well as downloading any software that is offered for download on the gamexp.com website or on the website of the respective game, is a proof of your unconditional consent to the terms of the above mentioned documents.
Registration of an extra account
In some cases, to participate in the Games Services, it is required to create an extra account (hereinafter the «Extra account») in addition to your primary account. To create an Extra account, you should follow the instructions outlined on the web page of the corresponding Games Services, and among other things you will need to fill in all the required fields of the registration form, which will also confirm your full agreement with the General Terms, these Terms and other agreements and regulations in respect of each of the relevant Games. In order to be able to sign in correctly, You need to fill in all data fields flagged as «required» on the form. All information, irrespective of whether it is required or voluntary, should be correct.
We will confirm receipt of the application to open an Extra Account over an electronic channel to the email address You provide. In the game rules We reserve the right to prescribe if You are only permitted to participate in the respective Game Services with one Extra Account («prohibiting multi-accounts»). Even in those Game Services where You are allowed to create more than one Extra Account, it is prohibited that several Extra Accounts communicate together or interact in any other manner («prohibiting switching accounts»). In particular You are not allowed to use these Extra Accounts to create an advantage for one of Your other Extra Accounts. We would like to clearly point out that breaching the prohibition on multi-accounts and/or the prohibition on account switch may lead to You being blocked immediately.
You are not permitted to transfer Your Extra Account to third-parties.
From the moment of registration of a Main Account and/or an Extra Account and/or downloading the certain part of the Game Services, depending on what happened earlier, Company grants You a non-exclusive, non-transferable to third parties, limited license to use the Game Services, including all subsequent amendments and improvements (if any) for personal non-commercial purposes by obtaining access to the published by Company, as well as downloading and installing the client part of the Game Services (if any). Subject to compliance with the terms and conditions of these Terms, You are entitled to:
- participate in the gameplay, create a game character (depending on the Game) purchase in-game currency, exchange in-game currency for in-game valuables, and joining the Game Services;
- reproduce the client part of the Game in the memory of Your device by downloading and installing it on Your device in order to participate in the Game Services.
You are not permitted to:
- modify, adapt, decompile, disassemble, change the Game Services or any of its components;
- distribute for commercial or non-commercial purposes the client part of the Game or services or its copies , either through the distribution of physical media with it, or through its posting on the Internet for downloading by certain persons or the general public;
- translate the Game into other languages, or create other derivative works from the Game Services;
- distribute for commercial purposes any element of the Game or its Services, its copies or screenshots;
- attempt to circumvent any security measures adopted in the Game Services, including blocking access by IP-address;
- try to obtain the in-game currency, and/or in-game valuables fraudulently or in other ways not provided for by the usual gameplay process and conditions of purchasing the in-game currency and exchanging in-game currency for in-game valuables;
- distribute for commercial or non-commercial purposes the in-game currency and/or in-game valuables outside the framework of the gameplay process, transfer the right to use the Game for commercial or non-commercial purposes to third parties, including through the transfer of a game character or a login and password required to access the Main Account and/or Extra Account;
- use the Game Services in other ways, not provided for by these Terms and beyond the usual gameplay process.
All rights not expressly granted to You under these Terms shall be reserved.
Game currency use
If You wish, You can purchase currency proposed in the Game (in-game currency), which can be used by You solely under the conditions, specified below. All fees payable for in-game currency are non-refundable.
The in-game currency, although it has a price at the time of purchase, has no monetary value and is not subject to monetary evaluation, is not a means of payment and serves a sole purpose so that You can exchange it for consumed in-game valuables. The in-game currency cannot be exchanged for cash or other valuables. In-game currency is purchased by You by paying for the appropriate amount of the in-game currency by one of the payment methods, provided for each respective Game Services/on the corresponding website of the Game Services. The charge of the in-game currency to Your in-game account shall be made as soon as possible, however, due to circumstances beyond the control of Company, there may be delays in the provision of payment information systems about Your payments. Please note that Company will not credit the in-game currency to Your in-game account until Company has received a confirmation of receipt of Your payment. In case of no crediting of Game currency within 24 hours from the time of payment, please contact our customer service — http://help.gamexp.com
The purchase of in-game currency and the exchange of in-game currency for in-game valuables shall be made by You at Your own risk. Company do not guarantee, that (I) the in-game valuables desired by You will be available at the time of crediting the in-game currency to Your in-game account; (II) You can use the in-game valuables for an indefinite or desired period; (III) You can exchange in-game currency for specific or any in-game valuables for an indefinite or desired period; (IV) the characteristics or the intended use of the in-game valuables will be unchanged for all the duration of your use of the Game or will meet Your expectations or views.
By purchasing in-game currency, as well as exchanging in-game currency for in-game valuables, You realize that (I) Your access to the Game Services may be terminated according to these Terms, and/or (II) the Game Services may cease to exist at any time for any reason, and this does not give You reason to require from Company refund of the fees paid for the in-game currency.
The moment that the Company fulfills its obligations is the moment that the in-game currency is credited to Your in-game account.
You are prohibited to sell or attempt to sell the in-game valuables for money, or exchange the in-game valuables outside of the Game Services. Any such transfer or attempted transfer is prohibited and void, and will subject to termination of this agreement.
Rules of conduct
Using the Game Services, You agree to observe these Rules of conduct.
General Terms of virtual communication with other users in the game forums, in game chats
When placing any materials, data, comments, messages, information, as well as links to them (hereinafter in this section the «Content») in forums, chats, other virtual spaces designed for communication, You agree not to:
- transfer or publish erotic or pornographic Content,
- transfer or publish any Content that, in the opinion of Company, is offensive to other users and can equally do harm to business reputation or moral harm to third parties,
- transfer or publish illegal, harmful, dangerous, or obscene Content, as well as Content that contains information discriminating against other persons on the basis of gender, race, nationality, religious ideologies, sexual orientation and other grounds,
- transfer or publish the Content directed on advertising or attracting attention to any goods and services,
- transfer or publish the Content that contains personal information or confidential data of any person,
- use «bots» or other automated techniques for collection of information about users,
- disturb, threaten, pursue, confuse or cause stress, impose communication, attention or otherwise cause discomfort to other users.
Terms of choosing the name of the game character, the name of the clan, group, and user name at the game forum
The Users are prohibited from using as the name of the game character, name of the game clan or other group, as well as the name of the User at the forum the following designations:
- offensive or coarse terms, inciting ethnic discord and discrimination, words and phrases which include curses and expletives in any language, executed with letters of any alphabet;
- proper names and other words and phrases used in religions or cults, which may cause insult of the feelings of believers (use in the name of the game clans and the game groups such common religious concepts (except for proper names) as «paradise», «hell», «angel», «devil», «voodoo», etc. is not prohibited. For example, the clan name of the group like «Team of devils» or «Voodoo dolls» corresponds to these Terms);
- names of historical figures and politicians;
- words and phrases that are directly or indirectly related to drugs, ways of their preparation, use and acquisition;
- words and phrases which can mislead other users as to that the user, registered under such name, is a representative of Company or otherwise has direct or indirect relation to it, or has any rights of administration of the Game Services;
- unpronounceable letter combinations;
- words and phrases that contain advertisement of goods and services, including any domain names and trademarks;
- words and phrases that violate the rights of third parties (including but not limited to intellectual property rights) or the requirements of applicable law.
- Terms of the Game Services that determine an order of participation in the game process, interaction with the computer (PvE) or real players (PvP), may be set for each concrete Game Services on the page, devoted to the corresponding Game Services.
- issuance of a warning in any form, including via e-mail;
- suspension of access to the Game Services for a definite or indefinite term;
- restriction of use of the game chats and forums for a definite or indefinite term;
- restriction of a part of the game functionality or possibilities of the game character for a definite or indefinite term;
- forced renaming of the game character, community of users or the game object;
- withdrawal of the in-game currency and/or the in-game valuables;
- restriction, suspension or termination of access to Your game character or to the Extra Account;
- a change in the values of achievements and parameters of development of Your game character;
- removal of the Game character or of the Extra Account without possibility of restoration.
UNLESS OTHERWISE EXPRESSLY PROVIDED BY THE SPECIAL AGREEMENT, REGULATING USE OF A PARTICULAR GAME SERVICE, THE GAME SERVICES WILL FUNCTION BY THE PRINCIPLE «AS IS», WHICH MEANS WITHOUT QUALITY WARRANTIES AND SUITABILITY FOR ANY OBVIOUS OR IMPLIED PURPOSES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, FUN FACTORY LLC HEREBY WAIVES ANY EXPRESSED OR IMPLIED WARRANTIES THAT THE GAME SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WILL CORRESPOND TO INDIVIDUAL REPRESENTATIONS AND EXPECTATIONS OF USERS. THUS, FUN FACTORY LLC WILL TAKE ALL WELL GROUNDED COMMERCIALLY REASONABLE MEASURES FOR ENSURING OPERABILITY OF THE GAMEXP.COM GAME SERVICES. FUN FACTORY LLC SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF YOUR USE OF THE GAMEXP.COM GAME SERVICES) AT ANY TIME TO SUSPEND OR STOP FUNCTIONING AND/OR ACCESS TO THE GAMEXP.COM GAME SERVICES, FOR ALL OR SOME USERS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, FUN FACTORY LLC DISCLAIMS ANY OBVIOUS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, HARMLESSNESS, ABSENCE OF VIRUSES, FAULTLESSNESS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AS WELL AS GAMES PROVIDED BY FUN FACTORY LLC, OTHER USERS OF GAMEXP.COM. THE COMPANY DOES NOT WARRANT THAT CHARACTERISTICS OF YOUR PERSONAL COMPUTER OR OTHER DEVICE ARE SUFFICIENT TO USE GAMEXP.COM GAME SERVICES. PLEASE LEARN IN ADVANCE THE SYSTEM REQUIREMENTS SHOWN IN PARTICULAR GAME SERVICES TO YOUR COMPUTER DEVICE.
LIMITATION OF LIABILITY
TTO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, FUN FACTORY LLC SHALL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, LOST PROFIT, LOSS AND/OR DESTRUCTION OF DATA, LOSS/TERMINATION/SUSPENSION OF ACCESS TO YOUR EXTRA ACCOUNT IN THE GAME, LOSS BY THE USER OF ACHIEVEMENTS OR PROGRESS IN THE GAME, LOSS/DESTRUCTION/CHANGE OF THE INFORMATION, PLACED BY THE USER AT FORUMS OR CHATS OF THE GAME. LOST PROFIT SHALL NOT BE COMPENSATED TO YOU UNDER ANY CIRCUMSTANCES. FUN FACTORY LLC SHALL NOT BE RESPONSIBLE FOR DIRECT OR INDIRECT LOSS TO YOU OR OTHER THIRD PARTIES CAUSED AS A RESULT OF (A) USE OR IMPOSSIBILITY OF USE OF ANY SERVICES AND/OR GAMES OF FUN FACTORY LLC, (B) UNAUTHORIZED ACCESS OF ANY THIRD PARTIES TO PERSONAL INFORMATION OF THE USER, INCLUDING THE EXTRA ACCOUNT OF THE USER, YOUR INTRA GAME ACCOUNT IN THE GAME, AND © STATEMENTS OR BEHAVIOR OF ANY THIRD PARTY IN THE GAME, AT FORUMS, IN GAME CHATS, IN COMMENTS ON THE GAMEXP.COM WEBSITE. FUN FACTORY LLC SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND COMPANY’S CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
Data and information security
You provide Company data at the creation of the Extra Account as well as any other information placed in the Game Service at Your own risk. Though Company undertakes all efforts for ensuring confidentiality of those data which are not intended for public viewing, it is necessary to consider that no security measures are perfect and they can be bypassed.
You are fully responsible for the safety of Your login and password that are necessary for access to the Extra Account. All actions made by You in Your Extra Account, are considered to be made by You, if You do not notify Company about loss of Your login and password for the Extra Account or other cases of loss of control over the Extra Account and Your Extra Account will not be blocked beforehand.
Company cannot control the actions of other users with whom You want to share Your profile and information. Therefore Company cannot warrant that any content that You post on the Games Services will not be available for viewing by unauthorized persons.
Company shall not be responsible for any detours of security measures undertaken on the Company Games websites.
You understand and acknowledge that, even after removal of data and content provided/arranged by You, these data or content may remain visible in the cache or web archives, as well as in the results of search engines, and may also be available to other persons, if other users have copied and stored Your data or content.
You hereby acknowledge that all comments, messages, information, data, content, placed by You in the Game Services are likely to be available for viewing, copying by third parties. You are responsible for the texts, files, images, photos, videos, sounds, works of music, copyrighted works and other material and information etc. placed and published by You on the net (hereinafter referred to as «published information»), that You make available in the Game Services or exchange with other users. We neither appropriate these contents nor do we agree to them. We have no control over the information placed in the Game Services by users. We do not check these contents before they are published. Insofar as we have knowledge of illegal contents, or receive such knowledge, we will delete it immediately. We do not accept any liability for these contents, nor, in particular, do we accept liability for correctness, completeness or integrity.
Company reserves the right to assign its rights and obligations arising out of these Terms to any third party at its discretion, by notifying You by posting the new edition of these Terms. Your rights and obligations arising out of these Terms shall be considered transferred to the assignee of Company at the moment of the respective notification.
Your rights and responsibilities are personal and non-transferable.
Company has the right at any time at its discretion without further notice to You to change the functionality and the content of the Game services.
Any claim You may have to Company in connection with the use of Game Services shall be made within one year from the moment You knew or should have known about the violation of Your rights; otherwise presenting a claim is prohibited.
In order to improve its services, Company reserves its right to make in the Games automatically (without an additional request for Your consent) updates and changes. In order to ensure the effectiveness of these updates and changes, and the possibility of extending the use of the Games, You hereby consent to the introduction of automatic updates and changes.
You hereby acknowledge that all rights to intellectual property to the Game Services belong to Company and its licensors.
Company reserves the right at any time, without notice to You and without stating any reasons, to suspend access to and the possibility to use the Game Services without compensation to You of any costs, losses or remuneration, including in the case of any, including single, violation of the terms of these Terms, the Terms of the Game Services or other applicable terms and agreements.
In the event that You, in accordance with the laws of Your state, are prohibited to use sections or services of the gamexp.com website, computer online games, or there are other legal restrictions, including restrictions on the age of admission to such software, You do not have the right to use the Game Services. In such a case, You will be solely responsible for the use of the Game Services or the relevant sections and services of the gamexp.com website on the territory of Your state in violation of the local legislation.
These Terms shall be governed and construed by the laws of the country of residence of the Company. All disputes arising in connection with these Terms are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach agreement during the pre-trial settlement of the dispute — in the court having jurisdiction at the location of Company.
These Terms can be modified by Company without any prior notice. Any changes to these Terms, implemented by Company unilaterally, shall enter into force on the day following the date of publication of such changes on the website at http://legal.gamexp.com. You agree to independently verify these Terms for changes. Failure by You to familiarize yourself with these Terms and/or the modified version of the Terms is not a reason for non-performance by You of Your obligations and failure by You to comply with the restrictions imposed by these Terms.
You hereby understand, accept and agree that any Game may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and You hereby guarantee that You do not suffer such disorders, or You will not use a Game. You accept and agree that regular long-term (continuous) usage of the personal computer can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that You will use any Game only for a reasonable time, with breaks for rest and that You will take other measures prescribed by Your doctor.
The invalidity of one or more provisions of these Terms, recognized in the established order, which came into force by a court decision, does not entail for the parties the invalidity of the Terms as a whole. In the event that one or more provisions of the Terms in due course become invalid, the Parties agree to fulfill the obligations of these Terms as closely as possible to those implied by the parties at the conclusion and/or agreeing of changes in the Terms.
Fun Factory LLC, 121357, Russia, Moscow, Vereyskaya str., 29 build. 134