END USER LICENSE AGREEMENT

This End User License Agreement governs the relations between you and BIG MMO Game Network Limited (the "Licensor"), publisher of the computer game "Realm of Warriors" available on the website https://playrealmofwarriors.com.

1. Terms and Definitions

  1. 1.1. The "Agreement" or "EULA" refers to the terms and conditions set forth herein, the Game Rules, and all other legal documents published by the Licensor on the Website.
  2. 1.2. "Account" denotes a data set comprising your login details, credentials, on game character information, achievements, items, communities, statistics, and other information generated or collected during your use of the Game and Website.
  3. 1.3. The "Game" means the browser game "Realm of Warriors" available on the Website.
  4. 1.4. The "Game Rules" refer to the mandatory rules related to your use of the Games and published by Licensor at https://playrealmofwarriors.com/game_rules. The Game Rules shall be deemed an integral part of this EULA and a breach thereof shall be deemed as a breach of this EULA.
  5. 1.5. "Order" denotes your request to purchase a digital content license, namely virtual game coins.
  6. 1.6. The "Privacy Policy" refers to the document disclosing the nature, scope, and purposes of the Licensor’s personal data collection, the way they are used and processed, as well as the rights to which users are entitled. The latest version of the Privacy Policy is available at https://playrealmofwarriors.com/privacy_policy.
  7. 1.7. The "Support Service" means the service provided by the Licensor or its appointed agents to users free of charge for the purpose of resolving technical and other issues related to the Game and Website. You may contact the Support Service by creating a ticket at https://support.playrealmofwarriors.com.
  8. 1.8. The "Website" denotes the Licensor’s website available at https://playrealmofwarriors.com, its subdomains, and sections. The Website comprises a set of software, webpages, and databases developed by the Licensor to provide users with access to the Game and related functions and services.

2. Subject Matter and Scope of the Agreement

  1. 2.1. Subject to your unconditional acceptance of this Agreement and complete compliance with the terms and conditions contained herein, the Licensor grants you a non-exclusive, non-transferable, non-sublicensable, personal, and revocable limited license to access and play the Game for non-commercial purposes.
  2. 2.2. You must not use the Website and Game in any way or form not expressly permitted under this Agreement. In particular, you may not copy, modify, reverse engineer, create derivative works of, or distribute the Website and Game or any parts and/or elements thereof. You may not reverse engineer the Game, extract the game, extract an account, or extract other data from the Website and Game or attempt to do so.
  3. 2.3. The Licensor and its licensors own and reserve exclusive and other intellectual property rights subsisting in the Website and Game.

3. User Account

  1. 3.1. An active Account is required to use the Game and some of the functions and features of the Website under this Agreement.
  2. 3.2. In creating an Account you confirm that:
    1. a) You are eligible to enter into this legally binding Agreement under applicable law;
    2. b) You are at least 18 year old.
    3. c) Prior to creating an Account, you have carefully read this Agreement and fully understand the terms and conditions contained herein;
    4. d) You enter into this Agreement voluntarily and intentionally.
  3. 3.3. In order to create the Account, you will be asked to fill out a registration form on the Website and provide certain information including a nickname and password. You may also create the Account by way of authorization through available third parties services. The Licensor processes the information you provide or obtained from such third parties services according to the Privacy Policy and applicable data protection law requirements.
  4. 3.4. For security purposes, you must regularly change your password. The password must conform to reasonable safety requirements, e.g. include combinations of digits, lower case, and capital letters undisclosed to any third parties.
  5. 3.5. Submission of the registration form constitutes your offer to enter into this Agreement, which is subject to the Licensor’s acceptance. The Licensor may refuse this offer at its own discretion.
  6. 3.6. Your nickname and other identifiable features that you may select for game characters, virtual items, and user communities in the Games and on the Website shall not be immoral, offensive, or vulgar, nor impersonate other persons, organisations, and entities, including the Licensor and its employees.
  7. 3.7. You must keep your password and other credentials confidential and not disclose it to any third parties, irrespective of the degree of the relationship. You are fully responsible for the security of your Account, password, and credentials.
  8. 3.8. Accounts are created on a single person basis. Account sharing is prohibited in any form for any purpose. You are responsible for any actions and omissions undertaken under your Account as a result of Account sharing or a breach of Clauses 3.4 and 3.7.
  9. 3.9. The Account as defined herein constitutes a part of the user and game databases created, arranged, and maintained by the Licensor. The Account is not your property and is not subject to your proprietary and other rights.
  10. 3.10. You may not sell, exchange, rent, donate, or otherwise transfer your Account or its credentials to any third party. You also may not offer to do so publicly nor privately.
  11. 3.11. Should you lose access to your Account due to the unscrupulous actions of third parties, you may apply to the Support Service to restore access within 30 days upon such loss of access. The Licensor may consider applications received after this period, but shall not oblige to do so.
  12. 3.12. The Licensor may refuse to restore access to the Account if it is lost as a result of a breach of the EULA or due to careless handling of the login credentials. The Licensor may also refuse to restore access if it is impossible to identify the applicant as the true Account holder to a reasonable degree of certainty. The Licensor may recover in-game items, currency, and valuables lost due to unscrupulous actions of third parties; however, the Licensor shall not oblige to do so.
  13. 3.13. The Account created pursuant to this EULA, may be used for access to the Other Licensor’s Games available in the Desktop Application and on other websites. Use of the Other Licensor’s Games may be subject to separate terms and conditions.

4. Game Software

  1. 4.1. Game software may collect and submit to the Licensor’s server information and data related to the use of the Game and Website, as well as your hardware and software. The game software may also collect and submit to the Licensor information on the user’s actions and behaviour during the use of the Games and Website. The Licensor processes such information and data solely for the purposes of: (i) Website and Game development and improvement; (ii) debugging and error elimination; (iii) and prevention of violations of this EULA and applicable law. All personally identifiable data is collected and used in a strict compliance with the Privacy Policy.
  2. 4.2. You must inform the Licensor via the Support Service of any errors, bugs, or malfunctioning in the Game. You undertake not to share information on such errors and bugs with any third parties either publicly or privately and not to use it for any such purposes.
  3. 4.3. The Game and Website may involve third-party software distributed under the following terms and conditions.
  4. 4.4. You undertake not to hack, reverse engineer, modify, or otherwise use the Game, Website, and elements thereof in any form or fashion not explicitly permitted hereunder. You must not access or attempt to access the Game, Website, and Accounts without due authorization nor obtain or attempt to obtain other users’ credentials. You are not allowed to intercept or attempt to intercept game data and impede the proper functioning of the Game and Website in any other manner.

5. System Requirements

  1. 5.1. The system requirements for the Game’s operation include:
    1. • The latest version of Internet Explorer, Microsoft Edge, Opera, Mozilla Firefox, or Google Chrome;
    2. • The latest version of Adobe Flash Player;
    3. • The recommended screen resolution of 1920x1080;
    4. • Broadband Internet connection.
  2. 5.2. Due to continuous development and improvement of the Game and Website, the Licensor reserves the right to alter the system requirements periodically.

6. Modifications and Updates

  1. 6.1. The Licensor continually works on the development of the Game and Website and may deploy and install updates, patches, and other modifications of the Game and Website. Such modifications may affect gameplay, mechanics, graphics, performance, virtual items, characters, and other features of the Game and Website.
  2. 6.2. This Agreement applies to any updates, patches, and other modifications of the Game and Website unless they are distributed under a separate license.
  3. 6.3. Nothing in this Section shall be construed as forming an obligation or warranty of the Licensor to develop updates, patches, or other modifications of the Game and Website.

7. User content

  1. 7.1. You may send, upload, communicate to the public, or otherwise publish through the Website information, data, musical works, literary works, photographs, graphics, video, sound recordings, performances, or other materials ("User Content") to the extent permitted by the technical features of the Website and applicable law. You are solely responsible for all User Content uploaded, sent, or transmitted publicly and privately through the Website.
  2. 7.2. In the event that User Content is protected by copyright or other intellectual property laws, you grant the Licensor the non-exclusive, transferable, sublicensable, and irrevocable license free of charge to use all User Content anywhere worldwide for the full term of the protection of such User Content. The Licensor is entitled to copy, reproduce, distribute, publicly demonstrate and perform, import, rent, translate, arrange, adapt, create derivative works of, communicate to the public via wire-based or wireless means, make available for public access from a location and at a time individually chosen by the public, and otherwise use all User Content in any form by any means and for any purpose. You also permit the Licensor to use separate portions of User Content, integrate User Content into other works, arrange, and combine your User Content with the content of third parties.
  3. 7.3. The Licensor warrants your observation of moral rights to User Content as defined by applicable law subject to the following terms:
    1. a) You permit the Licensor to use your User Content, with or without reference to your personal data and pseudonym, at the Licensor’s discretion;
    2. b) You permit the Licensor to make first time publication of User Content;
    3. c) You permit the Licensor to alter and modify User Content.
  4. 7.4. You undertake not to upload, communicate, transmit, or otherwise make available any User Content that violates applicable law, ethical, or moral principles, including but not limited to:
    1. a) Content containing foul language, harmful, harassing, defamatory, libellous, obscene, provocative statements, and expressions;
    2. b) Content containing illegal drugs or substances, tobacco, alcohol beverages, and consumption thereof;
    3. c) Pornographic content;
    4. d) Content featuring the justification, advocacy, or propaganda of extremism and terrorism;
    5. e) Content inducing or promoting suicide or the infliction of harm;
    6. f) Content containing information that is likely to incite violence or racial, gender-based, national, religious, confessional, or ethnic hatred;
    7. g) Content violating another person or entity’s privacy;
    8. h) Content containing elements that you are not authorised to make available to third parties or public;
    9. i) Content infringing upon any intellectual property rights or other rights of third parties;
    10. j) Content containing computer viruses or any other computer content designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
  5. 7.5. The Licensor does not examine, moderate, or control User Content available on the Website. Under no circumstances will the Licensor be responsible for User Content in any way.
  6. 7.6. Notwithstanding Clause 7.5 and without limitation of other Licensors rights, the Licensor reserves the right to delete and block User Content violating this EULA or prohibited by applicable law without any prior notice to you or creating backup copies thereof.
  7. 7.7. This Section shall not be construed as the Licensor’s consent or permission to prepare derivative works based on the Game and Website. Any portion of User Content which involves or contains intellectual property of the Licensor, remains the intellectual property of the Licensor. The Licensor reserves the right to prohibit the use of such derivative works and seek other remedies. In the case derivative works are created based on the Game and Website, including but not limited to video streaming and Game screenshots, you grant the Licensor license to use such works as envisaged in Clause 7.2.
  8. 7.8. This Section applies unless other agreements are concluded between you and the Licensor individually.

8. Orders and Refund Policy

  1. 8.1. Access to the Website, Account, and Game is provided free of charge and you are not required to pay any fees to use most of the Game’s features. However, licenses to some digital content (virtual game coins) are available for a fee, as indicated on the Website.
  2. 8.2. All Orders are subject to this EULA as well as the terms and conditions attached hereto. Should you decide to place an Order, you must ensure and represent to the Licensor that:
    1. a) You are eligible to place the Order according to the laws of the country of which you are a citizen and in which you maintain habitual residence;
    2. b) You have obtained parental or third party consent to place the Order, if you required to do so according to applicable law;
    3. c) You are authorized to employ the selected payment method;
    4. d) You have submitted accurate, up-to-date information required to Licensor to accept and carry out the Order;
    5. e) In the event that you have had any questions or confusion regarding the fees, charges, licenses, digital content, or other terms of the Order, you have contacted the Support Service and received all necessary explanations.
  3. 8.3. The fees and charges for Orders fully incurred by the Licensor are not refundable, except as set forth in this Section or required under applicable consumer law.
  4. 8.4. You have the right to withdraw from an Order without providing any explanation within fourteen (14) days upon conclusion of the relevant Order, if the right of withdrawal is not cancelled pursuant to Clause 8.3.
  5. 8.5. While placing an Order, you may choose, at your own discretion, one of the available digital content supply options. By default, the Licensor will grant a license and provide access to the digital content you ordered on the fifteenth (15th) day following the conclusion of the relevant Order. You may expressly consent to the supply of digital content immediately after making the relevant Order, and, thus, irrevocably refuse the right of withdrawal. In the latter case, we reserve the right to carry out your Order prior to the passing of the 14 day withdrawal period and your right to withdraw the Order shall terminate at the time the digital content is supplied.
  6. 8.6. The license to use the digital content shall be considered as granted, the digital content supplied, and the Licensor’s obligation duly performed under the Order at the time you are provided with the opportunity to use the relevant digital content on the Website and/or in the Game. Game or Website virtual coins are deemed as supplied irrespective of the time that you actually consumed, used, or exchanged them for other in-game items, currency, or valuables.
  7. 8.7. To withdraw the Order and receive a refund, you must provide the Licensor a written notice via one of the following methods:
    1. a) Regular post. Our postal address is: BIG MMO Game Network Limited Troizinos 4A, P.C. 3048, Limassol, Cyprus
    2. b) The Support Service. You may create a request on https://support.playrealmofwarriors.com.
  8. 8.8. Effect of withdrawal:
    1. a) The Licensor will refund to you the fees and charges actually received from you under the relevant Order. The Licensor will provide the refund without undue delay and in any event within fourteen (14) days following the day on which the Licensor receives the relevant notice of withdrawal (Clause 8.7).
    2. b) The refund will be carried out via the payment method you used for the initial transaction subject to any legal or technical restrictions, unless you have expressly agreed otherwise. If due to legal or technical restrictions the Licensor is unable to carry out the refund via the initial payment method, you shall agree to receive such a refund via another method, e.g. bank transfer, and provide the Licensor with the information necessary to employ the respective payment method.
    3. c) The Licensor will cancel and revoke the license to the digital content supplied or designated for supply according to the withdrawn Order. If the digital content has been partly or fully consumed or otherwise used prior to withdrawal, the Licensor reserves the right to debit to your Account an amount proportionate to the relevant usage as well as suspend your Account, license, and access to the Account and Game until the debt is repaid.

9. Warranties and Guaranties

  1. 9.1. The Licensor represents and warrants that it has the legal capacity to enter into this EULA and grant you the licenses to use the Game and Website hereunder.
  2. 9.2. To the maximum extent permitted by applicable law, the Game, Website, and the elements and other digital content thereof are provided on an "As Is" basis. The Licensor does not provide any express, implied, or statutory warranties or guarantees, except as expressly set forth in this Section, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement on third party rights, and warranties arising out of the course of transactions, usage, or practice.
  3. 9.3. The Licensor does not warrant that the Game, Website, or elements and other digital content thereof will meet your personal requirements and expectations.
  4. 9.4. The Licensor does not warrant that the operation of the Game, Website, and the elements and other digital content thereof will be uninterrupted or remain free from errors, bugs, hacking, interference, or losses and does not warrant the comparability of Licensor’s software with any other software.
  5. 9.5. The Licensor maintains the Support Service available to all users with active Accounts but does not provide any warranties that the Support Service can and will solve all issues, bugs, and issues or answer certain questions related to the Game and Website. Support Service feedback is of recommendatory nature. It is your responsibility and choice to follow or decline the recommendations given by the Support Service, and you will bear all risks resulting from your choice and decision.

10. Limitation of Liability

  1. 10.1. The Licensor is liable for direct loss with respect to harm to the health, body, or life of the User, as well as for intentional harm caused by the Licensor, or in other cases pursuant to applicable law.
  2. 10.2. The Licensor, its affiliates, officers, and employees shall not be liable for any harm or losses arising due to your actions, omissions, or breach of the EULA, as well as such acts of third parties or other actions beyond the Licensor’s control.
  3. 10.3. Without prejudice to Clause 10.1 and to the maximum extent permitted by applicable law, the Licensor, its affiliates, officers, and employees are not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses arising from or relating in any way to the Game, Website, or elements, other digital content, or information therein. This limitation applies to any type of claim arising from or related to this EULA, whether based on a contract, tort, statute, or otherwise.
  4. 10.4. In any case, but to the maximum extent permitted by applicable law, the maximum liability of the Licensor for all damages, losses, and causes of action, whether in the form of a contract, tort, or otherwise, shall be the total amount you paid over the 90-day period ending on the date you filed your claim with a competent authority.
  5. 10.5. The Licensor shall not be held liable for the acts or omissions of Website users. You may submit a complaint to the Support Service regarding the violation of this EULA by another user. However, the Licensor does not undertake to settle disputes between users and is not responsible for investigation of disputes and violations. The Licensor has the right to invoke remedies and impose sanctions to the user violating this EULA based on the complaint of another user but has no obligation to do so.

11. Amendments

  1. 11.1. The latest version of this EULA is available at any time through a link published on the Website. You must review this EULA at least once a week, since the Licensor reserves the right to amend and modify it from time to time.
  2. 11.2. The Licensor may amend this EULA by publishing a new version thereof on the Website. In the event that you accepted this EULA before the publication of a revised version, the amendments will become effective on the 30th day following the publication date. You shall be deemed to have accepted such amendments by continuing to operate the Game or Website. In order to decline the revised version you must cease operation of the Game and Website and terminate this EULA as envisaged in Section 12.

12. Termination and Suspension

  1. 12.1. This EULA shall remain effective until terminated by you or the Licensor according to this Section.
  2. 12.2. You may unilaterally terminate this EULA at any time without any explanation by removing your Account. In order to remove the Account you must contact the Support Service or delete the Account using the link on the settings page.
  3. 12.3. The Licensor may terminate this EULA, revoke the license granted herein, and block, restrict, or remove your Account in the following cases:
    1. a) You have breached this EULA, the Game Rules, or any other binding terms and conditions;
    2. b) You have breached provisions of applicable law;
    3. c) You have violated the rights or lawful interest of other users or third parties;
    4. d) If your account has not been accessed for more than 180 days (account blocked due to inactivity);
    5. e) In other cases set forth in this EULA, the Game rules, or any other binding terms and conditions, or applicable law.
  4. 12.4. In lieu of termination and Account removal, the Licensor reserves the right to suspend your Account and restrict access to the Game, or elements thereof for a definite period or permanently at the Licensor’s own discretion. Pursuant to this Clause, the Licensor may:
    1. a) Restrict access to game chats, forums, and other means of communication;
    2. b) Suspend or terminate your Account and restrict access to the Platform and/or Games.
  5. 12.5. Clauses 12.3 and 12.4 shall not limit or deprive the Licensor of other remedies including:
    1. a) The removal, blocking, or revocation of game items, game currency, valuables, benefits, and other digital content you received in violation of this EULA;
    2. b) Changing or removing your username, avatars, images, descriptions, names, titles, and other designations of game characters, game unions, clans, communities, groups, etc.;
    3. c) Refusing requests from you to create a new Account.
  6. 12.6. The Licensor will invoke remedies under this EULA, taking into consideration the nature, time period, and consequences of the breach and other circumstances. However, the Licensor shall not assume responsibility to provide reasoning for its decisions, nor any notices or evidence.
  7. 12.7. The Licensor may also terminate this EULA without any explanation upon providing you 30-day prior notice. The termination notice may be provided by e-mail or through the Website.
  8. 12.8. Effect of termination:
    1. a) Upon termination, the license granted herein shall be deemed revoked. You shall cease all operation of the Platform and Games and uninstall the Licensor’s software and all copies thereof.
    2. b) The Licensor will not refund or reimburse any amounts for digital content generated or received by you prior to such termination, regardless of whether you received such content in consideration of monetary value or not. You understand and accept that you will not be entitled to any refunds or compensation in the case of termination or suspension.
    3. c) The provisions of Clauses 2.2, 2.3, 4.1, 7.2, 7.3, 7.6, 7.7, 9.2, 10.1–10.4, and 13.1–13.3 will survive termination of this EULA.
  9. 12.9. In the event that you created more than one Account, the Licensor reserves the right to invoke remedies arising out of a breach committed through one Account to the other Accounts on the Platform.

13. Governing Law and Dispute Resolution

  1. 13.1. This Agreement and any dispute, claim, or obligation (whether contractual or non-contractual) arising out of or in connection with it or the subject matter or formation thereof shall be governed by the laws of the Republic of Cyprus with no regard to any conflicting law principles.
  2. 13.2. You and the Licensor shall first attempt to resolve any disputes and claims out-of-court at least 30 days before initiating judicial procedure. Out-of-court settlement shall commence upon receipt of a written notice from one person to the other. Such a notice shall include the full name and contact information of the complaining party, describe the nature and basis of the claim or dispute, and envisage the specific remedy being sought.
    The Licensor may send notices to your email address. You shall send notices to Licensor’s registered office located at Troizinos 4A, P.C. 3048, Limassol, Cyprus.
  3. 13.3. The parties to this Agreement shall submit all disputes and claims arising out of or in connection with it or the subject matter or formation thereof to the jurisdiction of the judicial court competent on the territory of Licensor’s registered office.
  4. 13.4. In the event that you habitually reside within EU Member States, the Licensor informs you of the existence of the Online Dispute Resolution (ODR) platform and the possibility of using the ODR platform to resolve disputes and claims arising out of this EULA. The ODR platform’s website is https://ec.europa.eu/consumers/odr.
  5. 13.5. Clause 13.4 shall not be construed as the Licensor’s submission to the ODR platform of jurisdiction and commitment to use the ODR platform to resolve disputes and claims arising out of this EULA. In each individual case, the submission of disputes and claims to the ODR platform shall be subject to your and the Licensor’s explicit approval.
  6. 13.6. This Section shall not be construed as depriving you of the protection afforded to you by provisions that cannot be derogated by agreement pursuant to the laws of the country in which you habitually reside.

14. Miscellaneous

  1. 14.1. This Agreement consists of the terms and conditions contained herein, the Game Rules and other legal documents published by the Licensor on the Website. Any inconsistency shall be resolved with precedence retained in the following order:
    1. a) The terms and conditions contained herein;
    2. b) The Game Rules;
    3. c) Other legal documents published by Licensor on the Website.
  2. 14.2. The terms and conditions of this EULA do not exclude, limit, or otherwise restrict users rights arising from the relevant provisions of applicable consumer law and may not be construed by anyone in this way.
  3. 14.3. This EULA sets out the entire agreement between you and us relating to the subject matter herein, and they supersede and replace any and all prior agreements and understandings between you and us. A person who is not a party to the EULA has no right to rely upon or enforce any part of the EULA.
  4. 14.4. You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent. The Licensor may transfer or assign all or some of the rights or responsibilities under the EULA to any third party without your consent and without providing you a notice thereof.
  5. 14.5. In the event that any part of this EULA is declared unlawful, void, or unenforceable under any applicable local law or by a competent court, that provision shall be stricken out; meanwhile, the remainder of this EULA shall remain valid and enforceable.
  6. 14.6. Should you have any questions in regards to the terms and conditions contained herein, you may contact the Licensor via the Support Service or e-mail.
  1. BIG MMO Game Network Limited
  2. Troizinos 4A, P.C. 3048, Limassol, Cyprus
  3. Registration No.: HE 275770
  4. E-mail: eula@playrealmofwarriors.com
Date: June 14, 2018