END USER LICENSE AGREEMENT
ISSUED BY STARTX6 (“STARTX6”, or “we” or “us”).
THIS END USER LICENSE AGREEMENT (“EULA”) APPLIES TO AND GOVERNS ALL USE OF RISE OF TANKS AND RISE OF TANKS : THE LAST OF HEROES ( FULL NAME OF RISE OF TANKS )(EACH A “GAME” AND TOGETHER THE “GAMES”) AND OF THIS FANPAGE FACEBOOK (https://www.facebook.com/RiseOfTanks/) THE “ FANPAGE FACEBOOK”.
This EULA constitutes the entire agreement between STARTX6 and you in respect of the Games and the PAGE FACEBOOK ( RISE OF TANKS ).
If you have any queries concerning this EULA you may contact us at firstname.lastname@example.org.
RISE OF TANKS (“Rise Of Tanks”),and full name RISE OF TANKS : THE LAST OF HEROES (“Rise Of Tanks : The Last Of Heroes”) are all games owned by STARTX6. The terms “Rise Of Tanks”, “Rise Of Tanks : The Last Of Heroes” and the “Games” includes all the software and materials that are made available by STARTX6 in order for you to download, install or use the Games; any Online Service (defined below); and any Virtual Items (defined below).
Please note that the Games rely on internet connectivity and the availability of our Online Service (as explained further below) for much of its functionality. We will use our reasonable efforts to ensure that the Games and any Online Service will be available for at least 3 months from the date upon which you last make a purchase in connection with any of the Games.
You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system requirements and memory in order to play and store the Games.
The Games comprise copyright works of STARTX6 and/or its licensors. The Games are licensed, not sold. Your license confers no title or ownership in the Games. The Games and PAGE FACEBOOK ( RISE OF TANKS ) are solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Games or PAGE FACEBOOK ( RISE OF TANKS ) not in accordance with the terms of this EULA is expressly prohibited.
1. LIMITED USE LICENSE.
STARTX6 hereby grants a limited, non-exclusive right and license to download, install and use the Games for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. Further, STARTX6 grants you a limited, non-exclusive right and license to use the PAGE FACEBOOK ( RISE OF TANKS ) for your personal, non-commercial use. This EULA and your use of the Games or PAGE FACEBOOK ( RISE OF TANKS ) do not give you any rights of ownership in any property whether tangible or intangible (including in any Virtual Item). Where a Game allows you to, this licence includes the right to use the Game to communicate with other users of that Game using the Online Service via pre-determined messages only.
2. END USER OBLIGATIONS.
2.1 You may use the Games for your own personal, non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Games or any part or interest in it to other parties in any way except where a Game expressly permits you to do so through sharing content in that Game on social media;
2.1.2 engage in any act that STARTX6 deems to be in conflict with the spirit or intent of the Games, PAGE FACEBOOK ( RISE OF TANKS ), and/or the Online Service including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Games;
2.1.3 attempt to gain unauthorised access to the PAGE FACEBOOK ( RISE OF TANKS ), Online Service or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by STARTX6; or
2.1.4 use the PAGE FACEBOOK ( RISE OF TANKS ), Games for any illegal or immoral purposes.
3.1 All right, title, interest and ownership rights in the PAGE FACEBOOK ( RISE OF TANKS ), Games and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the PAGE FACEBOOK ( RISE OF TANKS ) and Games and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the PAGE FACEBOOK ( RISE OF TANKS ) or Games are owned by, belong to and vest in STARTX6 or its licensors.
3.2 The Games or the PAGE FACEBOOK ( RISE OF TANKS ) may contain certain licensed materials. All trade marks are the property of their respective owners.
4.1 This EULA and the licence granted by it are effective until terminated.
4.2 You may terminate this EULA at any time and for any reason by deleting and removing the Games from your device.
4.3 STARTX6 may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. STARTX6 may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from any of the Games. STARTX6 reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULAand/or PAGE FACEBOOK ( RISE OF TANKS ) and/or Games and/or any Online Service. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
4.4 Following termination in the case of the Games, you will no longer be permitted to use any of the Games and you will be required to delete the Games from your device.
5. WARRANTY AND LIMITATION OF LIABILITY.
5.1 STARTX6 WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE GAMES (INCLUDING ANY VIRTUAL ITEMS) WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 THE GAMES AND PAGE FACEBOOK ( RISE OF TANKS ) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
5.2.2 STARTX6 ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
5.2.3 STARTX6 AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £100;
5.2.4 STARTX6 AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE PAGE FACEBOOK ( RISE OF TANKS ) OR GAMES AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE);
5.2.5 STARTX6 DOES NOT GUARANTEE THAT THE OPERATION OF THE PAGE FACEBOOK ( RISE OF TANKS ) OR GAMES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE PAGE FACEBOOK ( RISE OF TANKS ) OR GAMES OR THE ONLINE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
5.2.6 YOU INSTALL AND USE THE GAMES, AND USE THE PAGE FACEBOOK ( RISE OF TANKS ) AT YOUR OWN RISK.
5.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY STARTX6’S NEGLIGENCE.
In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
7. ONLINE SERVICE.
7.1 STARTX6 provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to the Games (“Online Service“) subject to the terms and conditions of this EULA.
7.2 STARTX6 does not target the PAGE FACEBOOK ( RISE OF TANKS ) or the Games to users under 7 years of age. To use the Online Service you must be over the age of 7 years or have your parent’s or guardian’s explicit consent to do so on these terms. By using the Online Service you therefore confirm that you are over 7 years of age and, where you are between the ages of 7 and 17, you confirm that you have your parent’s or guardian’s consent (and that your parent or guardian has read and agreed to these terms).
7.3 You further agree that you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute STARTX6 or the Games.
7.4 Where a Game allows you to share pre-determined messages with other users, STARTX6 shall be entitled to remove, restrict, suspend or alter that ability for any reason in its sole and absolute discretion.
7.5 You will cooperate fully with STARTX6 to investigate any suspected unlawful, fraudulent or improper activity.
7.6 If you feel that the behaviour of another user breaches this EULA then please let STARTX6 know by sending an email to email@example.com with details of the potential breach and/or the user responsible. STARTX6 will take reasonable steps to deal with any breach.
9. VIRTUAL ITEMS.
9.1 As part of and to enhance your use and enjoyment of the Games you may be able to obtain additional features that form part of the experience of the Games (“Virtual Items”).
9.2 Virtual Items include (without limitation):
9.2.1 Gems, which can be purchased as described in the payment section of Rise Of Tanks or obtained for free as a reward for your playing Rise Of Tanks (including watching incentivised video adverts);
9.2.2 Any other additional features contained in the Games such as power ups which can be obtained free of charge as part of and as a result of your playing the Games or by exchanging Gems /Coins/GOLD.
9.3 Virtual Items are gameplay features of the Games, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Games only, in accordance with this EULA.
9.4 Purchases of Virtual Items are subject to this EULA and the terms of any third party app distribution platform through which your purchase is made. Purchases are made via Apple or Google and not via STARTX6. To the extent that this EULA conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party app distribution platform shall prevail.
9.5 To cancel a purchase of any Virtual Items (such as Gems or Coins) you should contact the platform through which you made that purchase. If you cannot use Gems or Coins due to an error or fault, you may still be charged. If this happens, please contact STARTX6 as set out below and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase (i.e. Google or Apple).
9.6 Virtual Items that may be purchased (either through Google or Apple) are advertised for sale in the Game so that you may offer to purchase them for the price stated in the manner described below.
9.7 It is a condition and fundamental term of this EULA and your use of the Games that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any aspect of the Games (including any third party account you use in relation to the Games) or any Virtual Item (including Gems and Coins) outside of the Games or in any way other than as expressly provided above, namely that certain Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of the Games only.
9.8 STARTX6 may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). STARTX6 shall have no liability to you or any third party in the event that STARTX6 exercises such rights.
9.9 When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
9.10 Please notify STARTX6 immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
9.11 Your statutory rights are unaffected by this EULA.
10. CONSUMER RIGHTS.
10.1 These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law.
10.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
12.1 Although STARTX6 is responsible for the advertisements that are placed in the Games or on the Online Service, we do not control the specific content of those adverts. We do, however, have control over the general types of advertisements that are placed in the Games to ensure that the Games do not contain any inappropriate advertisements.
12.2 Please report any advert that you find offensive or inappropriate to firstname.lastname@example.org
12.3 If you click on any advert you will be dealing with external companies responsible for that advert. STARTX6 does not control the actions of these companies or the content of their PAGE FACEBOOK ( RISE OF TANKS )s.
13. INDEMNITY AND REMEDIES.
13.1 You hereby indemnify (agree to compensate), defend and hold harmless STARTX6 and STARTX6’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the PAGE FACEBOOK ( RISE OF TANKS ) or the Games (which includes Virtual Items and the Online Service), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with STARTX6 in the defence of any such claim and STARTX6 reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
13.2 You further agree that the subject matter of this EULA is of a unique character with special value and that STARTX6 would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that STARTX6 shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as STARTX6 may otherwise have available to it under applicable laws.
13.3 STARTX6’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
14. CHANGES TO THIS EULA
14.1 We may update the terms of this EULA from time to time for any reason by posting the updated version on the PAGE FACEBOOK ( RISE OF TANKS ). Every time you launch any of the Games on your device you are deemed to have accepted the terms of the EULA in place at that time. Accordingly, we suggest you check the PAGE FACEBOOK ( RISE OF TANKS ) for any updates to the EULA each time you launch any of the Games on your device.