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License agreement

Version dated 01/09/2017

REVIEW IT CAREFULLY WITH THE FOLLOWING AGREEMENT (IN FURTHER - "AGREEMENT") BEFORE INSTALLING THE APPLICATION «PRESIDENT SIMULATOR ONLINE» OR USING THE SERVICE «PRESIDENT SIMULATOR ONLINE». IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL THIS PROGRAM OR ACCESS THE SERVICE «PRESIDENT SIMULATOR ONLINE».

This license agreement (hereinafter referred to as the "Agreement") governs the relationship between you - the licensee of the Oxiwyle Games on the basis of a non-exclusive license (hereinafter referred to as the "User") and, depending on the particular Game you play, by the licensor - the corresponding company Oxiwyle (more Details of Oxiwyle companies are contained in paragraph 1.9 below). The user and Oxiwyle may individually be referred to as the "Party" and collectively as "Parties".

This Agreement is valid for all Oxiwyle Games, unless there are separate legal documents for a particular Game. If the context does not imply otherwise, the use of the terms in the present Agreement in the singular includes the plural and vice versa.

  1. Terms in the Agreement

 

  • Account - the User account created by the User and belonging to Oxiwyle, which is the aggregate of User data required for use by the User of the Game in accordance with this Agreement, namely: User authorization (authentication) in the Game, access to User information, settings, game values, statistical indicators and other similar information.

 

  • The game - is the corresponding online, mobile, console and / or other video game of the company Oxiwyle, which is a computer program and is a collection of data, commands and generated audiovisual mappings ("data" and "commands"), activated in order to obtain a specific result , provided by the Game scenario, without making a payment (activated data and commands) or after making a royalty payment (non-activated data and commands). The rights of use The Games are provided to the User by Oxiwyle under the terms and conditions set forth in this Agreement.

 

In order to use the Game within the limits established by this Agreement, the User reproduces the Client Game part, which is a collection of data and commands on its computer (if the client part of the Game is provided with the functionality), whereas the set of unactivated data and commands is hosted by Oxiwyle on the servers used by the corresponding The game.

 

  • Licensor - the company Oxiwyle, which grants the right to use the Game on a non-exclusive license.

 

  • Licensee - is an individual who has the necessary legal capacity to enter into this Agreement, which, under this Agreement, is granted the right to use the Game in accordance with this Agreement. The Licensee is a Party to this Agreement.

 

  • License Agreement - is the text of this Agreement entered into between the Licensor and the Licensee containing all the necessary and material terms of the license agreement for granting the rights to use the Game as a computer program. The Annex to this Agreement and its integral part are the Rules of the Game, the Rules of the Forum, as well as other documents referred to in this Agreement.

 

  • The client part of the Game - is software required for Licensee's participation in the Game, which is to be installed on the Licensee's computer. The client part of the Game is installed by the Licensee on its own. The Client part of the Game may be distributed by the Licensor and / or its authorized persons, both through the Internet and on tangible media. The Client part of the Game distributed on the Internet is provided to the Licensee free of charge, with the right to reproduce, unless otherwise provided by this Agreement. Instances of the Client part of the Game distributed on tangible media may be provided to the Licensee for a fee.

 

  • Rights to non-activated data and commands - the rights provided in this Agreement for the use of data, commands and the audiovisual displays of the Game generated by them, activated sequentially for the User to receive a certain result provided for by the scenario Games purchased by the User after the payment of the license fee set by Oxiwyle.

 

  1. Terms of Agreement

 

  • Obligatory documents. Before using the Game, the User must read and accept the terms of this Agreement, as well as the terms of the following documents: Privacy Policy, Game Rules (hereinafter referred to as the "Key Documents").

 

  • The moment of making agreement. This Agreement is concluded when the User accepts the terms of the Agreement and the Key Documents. The actual use of the Game by the User also means acceptance of the terms of the Agreement and of the Key Documents and is equal to the conclusion of this Agreement. The User assumes the obligation to comply with the terms of the Agreement and the Key Documents from the time of making agreement.

 

  1. Subject of Agreement

 

  • The rights to use the Game. In accordance with this Agreement, Oxiwyle grants the User the right to use the Game in the volume, in the manner, for the term and within the territory specified in the Agreement, provided that the User respects the Agreement and the Key Documents.

 

  • Arrangements for the use of rights to the Game. The user has the right to use the rights to the Game at no cost, if initially a fee has not been established for obtaining the use rights. The user is also entitled to receive Rights to non-activated data and commands on a fee basis. The scope of the rights granted to the User is defined in Section 4 of this Agreement. Unless otherwise originally established by Oxiwyle in respect of individual Games, the payment of a royalty is not a prerequisite for the use of the Game by the User and is performed by the User for the purposes of obtaining Rights to non-activated data and commands.

 

  • License for non-activated data and commands. The user is entitled to use the activated and non-activated data and commands on the terms of this Agreement. The user receives Rights to the non-activated data and commands at the time of reflection of the corresponding non-activated data and commands in the User Account. From this moment the User receives the rights to use the volume of non-activated data and commands that is displayed on the Account. The amount of royalty for the rights to non-activated commands and data is determined by Oxiwyle.

 

  • Oxiwyle has the discretion to determine the territory within which the rights to use the Game are granted in accordance with this Agreement.

 

  1. Limits of use of the Game

 

  • The scope of the User's rights. The User has the right to use the Game within the limits permitted by Oxiwyle, including:

 

  • Reproduce the Client Part of the Game by installing it on a mobile device or other device that has the necessary technical characteristics, or in any other acceptable way;

 

  • Use the Game for the purposes established by the Key Documents, in compliance with the terms of the Key Documents, for which the User has the right: (a) to create and delete the Account in accordance with the Agreement; (b) use the software capabilities of the Game or activated data and commands to achieve a game-specific outcome of the game at no charge (if the fee is not initially established for obtaining rights and using the Game); (c) Obtain rights to non-activated data and commands after making the license payment set by Oxiwyle and use them, including to obtain the result determined by the Game scenario; (d) make changes to the personal settings of the Games provided by Oxiwyle, and (e) use the Game in other ways permitted by Oxiwyle in this Agreement.

 

  • The user does not have the right:

 

  • Copy, broadcast, send, publish and otherwise distribute and reproduce text, graphics, audio or video materials of the Game without the written consent of Oxiwyle;

 

  • Explore program code, decompile, disassemble, modify the Game, its parts and elements, and create derivative products based on the Game, its parts and elements without the written consent of Oxiwyle;

 

  • Translate the Game into other languages without the consent of Oxiwyle;

 

  • To distribute for commercial or non-commercial purposes the Client's part of the Game or its copies, either by distribution on tangible medium or by posting on the Internet for access or download by certain persons or an unlimited number of persons;

 

  • Distribute for commercial or non-commercial purposes, activated and / or inactivated data and commands, audiovisual elements, images, as well as other intellectual property objects present in the Game (except as permitted by Oxiwyle);

 

  • Transfer rights in respect of Game, including Rights to non-activated data and commands, for commercial or non-commercial purposes to third parties, including by transferring the Account, concluding any agreement or otherwise;

 

  • Alienate and otherwise transfer your Account, acquire an Account of another user, including by exchange or gift;

 

  • Use the Game in ways that are not covered by this Agreement and go beyond the normal gameplay or use of a computer program.

 

Non-compliance with Oxiwyle's exclusive rights by the User is grounds for terminating the granting of the rights to use the Game, including non-activated data and commands.

 

  • Beta testing. If the User receives the rights to participate in the beta testing of the Game, the User acquires the status of a beta tester. Beta testing is conducted solely for the purpose of evaluating the software capabilities of the Game and detecting errors. At the same time during the beta testing, the User is not granted the rights and benefits specified in the Agreement. Oxiwyle is not responsible for events occurring during the beta process. The user acknowledges and understands that he participates in the beta testing at his own risk and that the Game may contain errors. Any commands and data can be deactivated and deleted from the Accounts at any time during beta testing or after the end of the beta test, except as specified in the open beta testing. Oxiwyle is not responsible for ensuring continuous access to the Game during its beta testing. Any information received by the User during the beta testing is confidential and is not subject to disclosure. To take part in the beta testing, you need to go through the authorization process and participate personally. Access to beta testing may be terminated at any time for violation of this Agreement, Key Documents and other Oxiwyle rules. If a beta tester violates the terms of use of the Game during beta testing, Oxiwyle may limit the rights of such person obtained by this Agreement in respect of any Game.

 

  1. Terms and conditions when using the Game

 

  • The User hereby confirms that he has sufficient legal capacity to enter into this Agreement. If the User has not reached the age of majority (18 years) or is completely or partially incapable under the law, the User confirms that he has received permission from his parents or legal representatives to conclude this Agreement in the form prescribed by law.
  • Reasonableness of use. The user understands and agrees that a regular long-term stay at a mobile device or other technical device can cause various health disorders, including impaired vision, scoliosis, various forms of neuroses, and the like. The user guarantees that he will use the Game exclusively for a reasonable time with breaks for rest and prevention of health problems.

 

  • Use of third-party materials. The game may contain links to Internet sites, programs, photo, video, audio, graphic and text materials owned by third parties. The User understands and hereby agrees that placing links to Internet sites or materials of third parties in the Game and the resources associated with the Game does not mean that Oxiwyle supports, approves or recommends these sites or materials. The user uses sites, software and materials of third parties exclusively at his own risk, including during the game process.

 

  • Legislative limitations. The User is not entitled to use the Games if the legislation of the territory of his location prohibits the use of the Game or establishes other, including age, restrictions on the use of the relevant Games. In this case, the User is responsible for using the corresponding Game.

 

  • Materials of the User. The User understands and agrees that he is solely responsible for any materials or other information that he places in the Game, on the Site and the Games Forum, in chat rooms or otherwise informs other users or brings to the public knowledge.

 

  • Technical Terms when using the Game:

 

The client part of the Game. In order to obtain the right to use the Game for the User, depending on the technical features of the Game, it is necessary to independently install the Client part of the Game on a mobile device or other device that has the necessary technical characteristics, go to the Game Site or perform other necessary actions. The client part of the Game may be distributed by Oxiwyle (directly or indirectly through authorized persons) both via the Internet and on tangible media. Depending on the particular Game, the corresponding Client Part of the Game can be distributed over the Internet both at no charge and for a fee.

 

The requirement to connect to the Internet. In accordance with the established technical requirements, the use of certain Games by the User is possible exclusively in an interactive (online) mode, in connection with which the User needs to provide an Internet connection for the use of the corresponding Game.

 

  1. Obligations of the User

 

  • The User is obliged:

 

  • Observe the terms of the Key Documents. In case of disagreement of the User with the current Agreement, the User is obliged to stop using the Game, including uninstalling its Client part.
  • Use the Game and non-activated data and commands exclusively within the limits established by the Agreement.
  • When creating an account, specify the relevant information.

 

  • Independently take measures to ensure the security of the Account and prevent its unauthorized use by third parties. The User undertakes not to disclose or transfer to third parties his data, with the help of which it is possible to authorize (authenticate) the User in the Game.

 

  • Follow the instructions Oxiwyle received in individual or general order in the Game, including the user support center, Game site, Game Forum and other means of communication. Oxiwyle has the right to suspend, restrict or terminate this Agreement, access to the Account in case of non-compliance with such instructions.

 

  • Upon Oxiwyle's request, provide or confirm information necessary to comply with the terms of the Agreement and comply with the law.

 

  • Reimburse Oxiwyle, other users and other third parties for any losses incurred in connection with the User's actions, including due to violation of this Agreement, intellectual property rights and other rights.

 

  • Immediately tell Oxiwyle of any facts of unauthorized use of the Account, hacking and other similar actions.

 

  • Observe other requirements and obligations stipulated in the Key Documents.

 

  • The user does not have the right:

 

  • Use automated scripts to collect information or other kind of interaction with the

Game.

 

  • Use information from other users to send unsolicited information (spam).

 

  • To place in the Game objects of intellectual property without the consent of their rightholders.

 

  • To place the Game personal information of third parties in the Game without their consent, including home addresses, telephones and passport details.

 

  • Advertise in the Game, commercial offers, agitation and any other intrusive information, except for the cases permitted by Oxiwyle.

 

  • To place in the Game the materials offending or humiliating honor and dignity of other users or the third parties and also links to such materials.

 

  • To place and to otherwise use in the Game obscene, swear and offensive words and phrases, including in user name (nickname).

 

  • To place malicious programs or links to resources that contain or may contain such programs.

 

  • To place in the Game materials of a pornographic or erotic character, and also links to them.

 

  • To place threats in the game, as well as calls for violence and other unlawful acts.

 

  • To place in the Game materials with elements of violence, cruelty, racial, ethnic or interreligious strife and also the link to such materials.

 

  • To propagandize and demonstrate in the Game a Nazi, extremist or other equated attribute, symbolism and other objects.

 

  • Promote in the Game criminal and other illegal activities, as well as post manuals for the commission of illegal actions.

 

  • To place in the Game any other information that, according to Oxiwyle, violates the law, morality and ethics or is undesirable.

 

  • To commit criminal and other unlawful acts.

 

  1. Rights and responsibilities of Oxiwyle

 

  • Oxiwyle undertakes:

 

  • Provide the User with the opportunity to use the Game on the terms set forth in this Agreement, on the understanding that the User respects the Key Documents.

 

  • In relation to Games that have a Client part, to provide the User with the opportunity to receive (download) the Client's Game from the Game Site or other Oxiwyle-authorized method.

 

  • If payment is not a prerequisite for the use of the Game, the User shall be entitled to use the activated data and commands free of charge, unless otherwise provided by this Agreement.

 

  • Grant the User the rights to the non-activated data and commands provided that the User makes a license fee, established by Oxiwyle.

 

  • Notify the User of changes in the terms of this Agreement in accordance with clause 12.2.

 

  • Oxiwyle has the right:

 

  • At any time without prior notice to the User, unilaterally restrict, expand, supplement, modify and otherwise modify the Game, any of its elements and parts, and modify Key Documents.

 

Modification of the Game and its elements can be accomplished by creating and installing new pieces of software (patches). Their goal may be, for example, the improvement or modification of the gameplay or the addition of new data and commands to the Game ("features"), which may lead to termination or suspension of the rights to use certain game elements and rights to non-activated data and commands.

 

The User understands and hereby acknowledges that these actions are an integral part of the process of creating and operating the Game, and also consents to their fulfillment Oxiwyle without prior notice to the User.

 

  • Without prior notice to the User, change at its discretion the technical and other characteristics of any part of the Game used by the User, including, among other things, activated and non-activated commands and data; Change the scenarios of the game, including changes in the game process, etc.

 

  • At any time, modify or delete any information posted by the User in the Game, including the statements and announcements of the User in chat rooms or in the Game Forum.

 

  • Limit or terminate the granting to the User of the rights to use the Game (including access to the Account) in accordance with this Agreement, in particular if the User violates the terms of the Key Documents. In the exercise of this right, Oxiwyle is not required to provide the User with evidence demonstrating the User's violation of the terms of the Agreement, as a result of which the User has been terminated or restricted access.

 

  • Make comments, warn, notify, inform Users about non-compliance with the terms of the Key Documents. The user must immediately follow the Oxiwyle instructions received during the use of the Game.

 

  • At any time, completely discontinue the granting of the rights to use the Game, including the rights to non-activated data and commands, subject to the provisions of this Agreement.

 

  • At any time, suspend, limit and / or terminate this Agreement unilaterally with respect to the Game for any or all users, including if the User fails to comply with the terms of the Key Documents.

 

  • During the use of the Game by the User, warn, notify, inform about the User's failure to comply with the terms of the provided license, as well as Key documents or other terms of this Agreement.

 

  1. Liability restriction of Oxiwyle

 

  • Lack of responsibility for the actions of the User or third parties. Oxiwyle is not responsible for:

 

  • Illegal and other actions of the User or third parties, preventing the use of the Game by other users.

 

  • Behavior and statements of the User in the Game, including for disrespectful attitude towards other users.

 

  • User's loss of access to the Account created by him, including loss of login, password or other necessary information.

 

  • Incomplete, inaccurate or incorrect indication by the User of the data when creating the Account.

 

  • The User does not have access to the Internet and the quality of Internet service providers.

 

  • Third-party materials posted in the Game or on third-party sites accessible through links from the Game.

 

  • Lack of guarantee. The User understands and agrees that Oxiwyle provides the Game in a "as is" condition and does not give any guarantees with respect to the Game, except as expressly provided in this Agreement or applicable law. Oxiwyle does not guarantee that:

 

  • The game will meet the subjective requirements and expectations of the User.

 

  • The processes in the Game will proceed continuously, quickly, reliably, without technical failures and errors.

 

  • The results that can be obtained by using the Game will be unmistakable and correct.

 

  • The quality of the game process, aspects of the Game, non-activated data and commands, as well as information obtained during the use of the Game, will meet the expectations of the User.

 

  • The game will be available for use around the clock, at a certain point in time or for a certain period.

 

  • Liability restriction. Oxiwyle is not liable for direct or indirect damages, as well as lost profits of the User or third parties as a result of:

 

  • Use or inability to use the Game.

 

  • Applications or behavior of third parties in the Game.

 

In any circumstances, Oxiwyle's liability to the User is limited to the amount of license fees received by Oxiwyle from the User until the circumstances that led to the occurrence of liability Oxiwyle.

 

  • Force majeure and actions of third parties. The parties are exempted from liability for full or partial failure to perform obligations under this Agreement if such failure is a result of force majeure, including mass riots, prohibitive actions by the authorities, natural disasters, fires, accidents, telecommunication and electrical failures networks, the actions of malicious programs, as well as the unfair actions of third parties aimed at obtaining unauthorized access or disabling software or hardware system.

 

  1. Permissions for non-activated data and commands

 

  • General terms. At the request of the User, Oxiwyle may grant User rights to non-activated data and commands.

 

Non-activated data and commands are part of the Game, the User is entitled to use it only in connection with the use of the Game and provided that the license fee is fixed by Oxiwyle. The user has the right to use non-activated data and commands within the limits set by Oxiwyle. Acquiring Rights to non-activated data and commands, the User receives the rights to use the extended functionality of the Game. Oxiwyle unilaterally determines the types and contents of non-activated data and commands.

 

The User agrees that the Game is not a game of chance, a game for money, a contest or a bet. Acquisition of Rights to non-activated data and commands is the realization of one's own will and the desire of the User.

 

  • The period of use of non-activated data and commands. The rights to non-activated data and commands are deemed to be granted to the User from the moment of reflecting the corresponding non-activated data and commands in the Account. Rights to non-activated data and commands are provided to the User for the term of this Agreement, unless otherwise stipulated by the Agreement or other Key Documents, is provided for by the Game scenario, or does not follow from the nature of the non-activated data and commands themselves.

 

The term of use of the premium account, which is part of the Game, is calculated from the moment of the creation of an entry about it in the Account and is valid until the expiration of the premium account set by Oxiwyle.

 

  • Amount to charge. The fee (license fee for the rights to non-activated data and commands, as well as license fees for the right to use certain Games, if such is specifically and in advance stipulated) is determined by Oxiwyle unilaterally and indicated in the Premium Store or in another form, webpage of payment system operator. In certain cases, the operator of the payment method may charge a commission in excess of the established Oxiwyle fee. The User understands and hereby agrees that when making a payment by means of some payment methods, the total amount of the payment for the Rights to non-activated data and commands, as well as some Games, may differ from the size of the license fee established by Oxiwyle.

 

The fee, indicated by Oxiwyle in the Premium store or on other resources, can be expressed in two or more currencies. The user understands and hereby agrees that when paying by means of separate payment methods, the operator of such methods may use a currency exchange rate different from that used by Oxiwyle. As a consequence, the amount invoiced to the User may be different from the amount indicated by Oxiwyle.

 

Granting to the User the Rights to the inactivated data and commands or the paid Games is carried out only under condition of fulfillment by the User of the corresponding payment in full. At the same time, until the confirmation of payment in full, Oxiwyle has the right not to grant the User the rights to non-activated data and commands, as well as paid Games, or to provide them in a limited amount.

 

The license fee may be changed unilaterally at any time without notice to the User.

 

  • The order and methods of payment. Payments are made by the User by transferring funds in favor of Oxiwyle through payment methods supported by Oxiwyle. The list of available payment methods is determined by Oxiwyle unilaterally and is indicated in the Premium store or in a different order.

 

In the course of making payments, the User agrees to follow the instructions of the appropriate payment methods and the payment rules established by Oxiwyle. The rights to non-activated data and commands, as well as paid games, are granted to the User solely provided that he correctly executes payment instructions and respects the payment rules. Oxiwyle is not responsible for rejecting the User's payment by the operator of the payment method or as a result of an operator error.

 

The user undertakes to provide reliable information in the course of making payments. The user himself carries all the risks of occurrence of negative consequences associated with the indication of incorrect data in the course of making a payment.

 

In the event of a payment, under a technical error, the User will be granted Rights to the non-activated data and commands or paid Games in the amount not corresponding to the paid money, the User is obliged to immediately notify Oxiwyle about it. In this case, Oxiwyle will make every effort to provide the User with the Right to the inactivated data and commands or paid Games in the amount paid by the User.

 

  • Payment methods. Regarding the rules and procedures for using payment methods, the User have to contact the operators of the payment methods chosen by him directly. Oxiwyle may, at its discretion and availability, advise the User on issues related to the use of certain payment methods. However, the User hereby understands and agrees that in most cases Oxiwyle is unable to provide the User with an exhaustive explanation regarding the use of payment methods. Regarding to the return of funds paid by the User erroneously or in violation of the rules of payment methods or legislation, the User must contact the operators of the relevant payment methods directly.

 

  • Consequences of illegal actions when making a payment. The User hereby confirms that he has the right to use the payment methods chosen by him, without violating the rights of third parties and the legislation of the country in which the Game is used or payment is made.

 

The User undertakes to compensate Oxiwyle, other users and other third parties for all losses incurred in connection with the User's unlawful behavior, including the use of non-cash funds to pay for it.

 

Except as otherwise provided by this Agreement or applicable law, Oxiwyle reserves the right to suspend or terminate this Agreement unilaterally for any reason, including if Oxiwyle has reason to suspect the User of committing unlawful acts related to the payment of a license fee. At the same time, Oxiwyle is not obligated to pay any such compensation to the User, including reimbursement of the money spent, unless otherwise provided by this Agreement or applicable law.

 

In the event that Oxiwyle has reason to believe that the User commits unlawful acts related to the payment of license fees, Oxiwyle has the right to forward relevant information to law enforcement authorities for verification.

 

  • Inadmissibility of acquisition of rights from third parties. The rights to use the Games and the rights to non-activated data and commands can only be provided by Oxiwyle, and therefore no offers by third parties (other than those authorized by Oxiwyle) to represent the rights to use the Games or Rights to non-activated data and commands should not be regarded by the User as offers , coming from Oxiwyle.

The user is obliged to promptly notify Oxiwyle of the cases known to him of granting the rights to use paid Games or Rights to non-activated data and commands or to receive related offers from persons not authorized by Oxiwyle.

If the User, in violation of this Agreement, has paid to persons not authorized by Oxiwyle, the User's claims will not be accepted. Oxiwyle does not compensate for the money spent by the User in such circumstances and does not provide the Right to non-activated data and commands.

In the event that Oxiwyle is determined that the User receives Rights to non-activated data and commands from third parties not authorized by Oxiwyle, Oxiwyle has the discretion to suspend, restrict or terminate this Agreement.

Procurement of rights by the User to non-activated data and commands and paid Games from persons not authorized by Oxiwyle does not relieve the User of the obligation to comply with this Agreement and the Key Documents. Oxiwyle also reserves the right to apply any measures specified in this Agreement and the Key Documents. Reimbursement of payment made by the User, in such cases is not made.

  • Tracking the status of the Account. The user is obliged to independently monitor the status of the account created by him, in particular with regard to the correct display of non-activated data and commands, Rights for which were purchased by the User.

 

  • Termination of the right to use. The User understands and hereby agrees that during the game process, the rights to non-activated data and commands are provided until use by designation, including in connection with the implementation of the Game scenario; expiration of the period for granting Rights to non-activated data and commands or a paid Game; suspension or termination of the granting of the rights to use the Game in accordance with the Agreement or for other reasons. Termination of Rights to non-activated data and commands does not give the User grounds to require Oxiwyle to refund license fees for the rights to non-activated data and commands, except as provided in this Agreement and applicable law.

 

If, as a result of a technical error, a malfunction or a User's actions, they have been granted Rights to non-activated data and commands or a paid Game without payment, the User agrees to notify Oxiwyle and pay the Oxiwyle royalty if the User has started using them. Oxiwyle has the right to eliminate the consequences without notification to the User and without any compensation, including stopping the provision of Rights to non-activated data and commands by deleting the corresponding non-activated data and commands from the Account.

 

  • Oxiwyle does not exchange Rights to non-activated data and commands and game elements to other rights to non-activated data and commands, game elements, cash or non-cash money, unless otherwise expressly authorized by the Agreement.

 

  • Compensation of expenses. Oxiwyle does not compensate of expenses to the User associated with the payment, except as expressly provided in this Agreement or by applicable law.

 

  • In the event that such an option is provided by Oxiwyle, the User has the right to make gifts to other users of the Game. Gift giving rules are stipulated in the Key Documents and are mandatory for compliance.

 

  1. Intellectual property law

 

  • Exclusive right in relation to the Game. Source and object code (including activated and non-activated data and commands), gameplay, user interface, graphics, photos, animations, video images, video clips, sound recordings, sound effects, music, text content and Game content, as well as any other Game elements are or contain objects of intellectual property, the exclusive right to which belongs to their rightful owners.

The User agrees that any part and any element of the Game, its activated and non-activated data and commands, are an integral part of the Game and are protected by law. Although the User is granted the right to use the Game, the use of the Game in itself can not be regarded as the transfer or assignment of an exclusive right in respect of the Game, its parts and elements, including non-activated data and commands, from Oxiwyle to the User.

The User also understands and agrees that all exclusive rights to a localized (translated into the appropriate language) Game belong to legal rightholders.

  • The user's exclusive right. Copyright for materials placed by the user in the Game belong to the user who created them or other legal rightholders (hereinafter referred to as the "Materials").

 

  • License for Materials. Intellectual rights to gratuitous use of Materials that are objects of intellectual property, pass to Oxiwyle in the form of a non-exclusive license in the territories of all countries of the world from the moment of posting (posting) by the User of these Materials in the Game without a reciprocal obligation to pay copyright or other remuneration and without limitation to the maximum allowable term and territory of use. The intellectual right to use the Materials under this paragraph includes the right to freely use them in any way and in any country of the world, including promulgate, distribute, modify, adapt, otherwise process, publish, create derivative works without obligation to mention the author's name or other counter-obligations. The User also undertakes to provide legal grounds for granting Oxiwyle intellectual property rights to Materials posted by the User in the Game and owned by other rights owners.

 

  • Oxiwyle’s trademarks are registered and protected in various jurisdictions throughout the world. The trademarks of third parties mentioned in the Game belong to their legal owners.

 

  1. Term, amendment and termination of the Agreement

 

  • Term of the agreement. This Agreement shall come into force upon the acceptance of its terms by the User and shall remain in effect for a period of twelve (12) months. The validity of this Agreement is automatically extended for every six (6) months thereafter if it was not terminated at the initiative of one of the Parties by sending written notification to the other Party at least thirty (30) calendar days before the expiration of the current term of the Agreement. In the event of termination of the Agreement in this order, Oxiwyle does not refund any money and does not make any other refunds, including damages of any kind.

 

  • Amendment of the agreement. This Agreement may be changed by Oxiwyle unilaterally. A notice of a change of the Agreement is published on the Game Site and / or sent to the User for review at the email address of the User specified by him when creating the Account, at least ten (10) calendar days before the changes take effect. The use of the Game, or the authorization in the Game after the publication of the announcement and / or the notification of the amendment of the Agreement in the order indicated above, means the User's consent with such changes. The User is not exempted from the obligations provided in this Agreement, subject to changes made to it, if the User has not read the changes to the Agreement.

 

  • Disagreement of the User with the amendments of the Agreement. The User is not entitled to use the Game if he does not agree with the amendments made to the Agreement. In this case, the User can unilaterally terminate the Agreement within ten (10) calendar days after the publication of the publication about changes in the Agreement on the Game Site and / or the sending of the notice by e-mail. In the event of a decision to terminate the Agreement, the User is obliged to send an notice of termination of the Agreement to Oxiwyle by e-mail. If within ten (10) calendar days the User has not expressed a desire to terminate this Agreement, the User is deemed to have accepted the terms of this Agreement, taking into account the changes made to it.

 

After receiving the notice of termination from the User, Oxiwyle suspends the User's access to the Account. In this case, Oxiwyle does not return any money and does not make any other refunds, including damages of any kind.

 

  • Termination of the Agreement by Oxiwyle.Oxiwyle may at any time terminate this Agreement in unilateral extrajudicial procedure with the termination of the ability to use the Game, including activated and non-activated data and commands, as well as other components of the Game in the following cases:

 

  • In the event of the closure of the Game. In this case, Oxiwyle must send a corresponding notification to the User's address not less than one hundred and eighty (180) calendar days before the closing date of the Game. However, Oxiwyle does not pay any compensation and, among other things, does not reimburse the User the monetary equivalent of the acquired Rights to non-activated data and commands.

 

  • In the case of any, including one-time, violation by the User of the terms of this Agreement or Key documents, as well as the conditions for using other Oxiwyle games. In this case, Oxiwyle does not return money to the User and does not compensate losses.

 

  • Termination of the Agreement by User. The User is entitled at any time without notice to Oxiwyle and without explanation of reasons to terminate this Agreement unilaterally out of court by deletion of the Account with preservation of the obligations and liabilities of the User that occurred prior to the deletion of the Account. In this case, all the activated and non-activated data and commands linked to this Account will be deleted without the right to restore. Also Oxiwyle is not obliged to pay any compensation to the User.
  • Changes in Key Documents. The User confirms that Oxiwyle has the unconditional right to unilaterally change the terms of the Key Documents and that such changes are not changes to this Agreement.

 

  1. Final provisions.

 

  • If one or more provisions of this Agreement will be invalidated in accordance with the established procedure in accordance with the entered into force of the judicial decision, the remaining provisions of this Agreement will remain in force and the Parties will continue to fulfill their obligations in the manner most consistent with the intentions of the Parties at the time of entering into or amending this Agreement.

 

  • Settlement of disputes. All disputes of the Parties with respect to this Agreement shall be resolved through correspondence and negotiations using a mandatory pre-trial (claim) procedure. If it is not possible to reach agreement between the Parties by negotiation within sixty (60) calendar days from the receipt of a written claim by the other Party, the dispute may be referred by any interested party to the court at the place of registration of Oxiwyle (excluding the jurisdiction of the case to any other courts) with the procedural and substantive law of the state of registration of the Oxiwyle, with the exception of collision norms.