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Comments to the EULA

Soldier, we know how hard it is to understand complex documentation, so we decided to help you a bit. We are here to explain what EULA is and what it actually allows or prohibits to do with the game. However, keep in mind, that these comments have no legal effect, their main purpose is to facilitate the understanding of the agreement between you, our dear players and us, My.com B.V. It’s still necessary to read the full text of EULA before you confirm that you agree to it. If any of the points below will remain unclear to you, you can always contact our support staff at support.my.games

DOCUMENT TEXT

COMMENTS

RECITALS

This EULA governs relations between the COMPANY and the Users pertaining to their use of the Games in the absence of a specific document regulating the Users’ use of the particular Game. Should the Game or Game forum have a specific set of rules, this EULA shall apply to relations between the COMPANY and the User to the extent that its terms and conditions do not conflict with the terms and conditions of such a specific document.

Only natural persons are entitled to download/acquire/use any Game.
To put it simple, EULA is a legal instrument regulating the relation between us, My.com B.V., and you, our dear player. It's a single document for all our games. Some of our games may additionally have their own specific game and/or forum rules.
By downloading, installing, or otherwise using any Game, the User (A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of this EULA, as well as the conditions of other relevant agreements and regulations available at documentation.my.games, and guarantees that he/she will observe them during the entire use of the Game; (B) acknowledges and agrees that he/she has independently evaluated the desirability of using the Game and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and (C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of this EULA with the help of his parents/legal guardians. COMPANY recommends parents or guardians to monitor their children's online activities. To protect children’s privacy, COMPANY advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. COMPANY reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. COMPANY reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of Games by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them.

Otherwise, installation or other use of the Game is prohibited.
When you download, install or use the game, you confirm that you accept all the EULA terms and conditions. Yes, it’s that simple to get involved, there are no fireworks or blinking red signs before your eyes the moment when it happens.

If you didn't reach the age of legal capacity, ask a parent for help in understanding all this legal stuff and get their approval for playing our games. Also we can restrict access to some content that is not meant for people of your age.
Reference to the present EULA shall also include relevant agreements and regulations associated with the relevant Game, MY.GAMES Privacy Policy, other documents available at documentation.my.games, and all pages, schedules, policies, guidelines, specifications, user manuals, and supporting materials that the COMPANY makes available to the User, unless the context otherwise requires. In the case that the User downloads/purchases the Game through any Third Parties Platform, the User undertakes to review and comply with the terms and conditions of the owner of the respective platform, which may be changed from time to time and may provide for certain additional requirements applicable to downloading the Game through that platform, its installation, and use.
We have a lot of legal supporting materials which you should also get acquainted with. If you play through a third party platform you should also follow specific rules of that platform.

1. TERMS AND DEFINITIONS

In this EULA, the following definitions, when capitalised, shall have the following meanings:

"Account" – personal account of the User in the Game.

"COMPANY" – My.com B.V., a company established and operating under the legislation of the Netherlands (reg. number: 56701527), with its registered office at Barbara Strozzilaan 201, 1083 HN, Amsterdam, Netherlands and subject to VAT under the number NL852272637B01.

"Client part of the Game" – the software necessary for the User to participate in the Game, to be installed on the User’s computer. The Client part of the Game is installed by the User independently on a personal computer. The Client part of the Game may be distributed by the COMPANY and/or its authorised persons, both via the Internet and on tangible media. The Client part of the Game distributed via the Internet is provided to the User free of charge, with the right to reproduce, unless this Agreement provides for otherwise. Copies of the Client part of the Game distributed on tangible media may be provided to the User for a fee.

"EULA" – this MY.GAMES End User Licence Agreement for Games, a legal document determining the terms and conditions and procedures for the User’s use of the corresponding Game and all related services.

"Forum Rules" – a legal document that constitutes Appendix No. 2 hereto, located at documentation.my.games, determining the rules to be mandatorily observed by the User during official Game forum use (if applicable).

"Game Rules" – a legal document that constitutes Appendix No. 1 hereto, located at documentation.my.games, determining the rules to be mandatorily observed by the User while using the Game.

"Games" – any games (excluding gambling) for personal computers (PC), game and TV devices of Xbox, PlayStation, Nintendo line, and games on mobile devices, owned and/or operated by the COMPANY, its affiliates and/or its partners, as specified at the Games Storefront on the Website and/or Third Parties Platform (if applicable).

To ensure the rights and obligations of the COMPANY and the User arising hereunder, the User may reproduce a set of data and commands on his/her computer predefined by the COMPANY (‘Client part of the Game’, if it is provided for by the Game’s functionality), whereas a set of other data and commands (including non-activated) or all data and commands in the absence of the Client part of the Game are placed by the COMPANY on its servers. This is not applicable for the Games dedicated to mobile devices.

"Materials" – all content, information, and other materials within the Game, including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), text, articles, pictures, information, data, music, sound files, photographs, titles, themes, objects, characters, character names, stories, dialogues, catch phrases, concepts, artwork, animations, audio-visual effects, methods of operation, and documentation.

"Third Parties Platform" – any platform operated by a third party where the User may access and download the Game, inter alia, (i) the Steam platform, operated by Valve Corporation and/or its affiliates, (ii) third party consoles, inter alia, Microsoft Xbox, PlayStation® and Nintendo (should the Game be dedicated for console), (iii) third party mobile platforms, e.g. App Store platform operated by Apple, or Google Play platform operated by Google (should the Game be dedicated to mobile devices).

"In-Game Assets" – virtual in-game currency which has no monetary value and is not subject to monetary valuation, although it has a price at the time of acquisition.

"In-Game Currency" – virtual in-game currency which has no monetary value and is not subject to monetary valuation, although it has a price at the time of acquisition.

"MY.GAMES Ecosystem" – online platform located at the Website that provides Users with access to Games, as well as any other related services provided by the COMPANY based on the terms and conditions set forth herein and in other documents available at documentation.my.games.

"Territory" – territory where the Game is available for installation and other use as specified at the Games storefront on the Website and/or Third Parties Platform (should the Game be dedicated to mobile devices).

"Unacceptable Content" – any kind of content or behaviour in connection with the use of the Game that is either illegal or unacceptable under the generally accepted moral rules, including, without limitation, the following examples:

(i) engaging in or contributing to any illegal activity or activity that violates others’ rights;

(ii) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable and unacceptable;

(iii)providing information that is false, misleading or inaccurate;

(iv) disclosing of any personal or proprietary information of another User or any other person or otherwise invading other person privacy;

(v) abuse, harassment, stalking, threats, flaming or intimidation of any person or organization;

(vi) profanity or use of derogatory, discriminatory, hatred or excessively graphic language;

(vii) any content that may harm minors;

(viii) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war;

(ix) offensive, vulgar, sexually explicit or pornographic content;

(х) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms;

(xi) transmitting software viruses, worms or any other kind of harmful software;

(xii) unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

(xiii) hacking;

(xiv) infringing any intellectual property rights, or unlawful provision/disclosure of information (insider information, confidential information, other proprietary information);

(xv) other unacceptable content or behaviour.

"User" – a natural person who has reached the age which allows them, in accordance with the applicable law, to be fully liable for his/her own actions (fully legally capable person) and to use the Game, and satisfies all the criteria listed herein, or if underage, satisfies all the criteria listed herein.

"User Content" – any comments, text or voice messages, photos, graphic images, videos, sounds, works of music, and other materials, data and information, as well as links to them uploaded, transferred, published, or otherwise distributed by the User to other Users and/or the COMPANY during the course of the Game use (apart from the User’s personal data, which is subject to MY.GAMES Privacy Policy).

"Website" – my.games and all domains and subdomains of the following levels.
In this section we're giving definitions to the terms from this document.

2. GENERAL PROVISIONS

2.1. The Game is a part of MY.GAMES Ecosystem. A complete list of Games is made available at store.my.games (where it is possible to download/acquire/use a Game, free of charge or for payment) by placing links in the software interface to relevant websites (resources) of the COMPANY or third parties for download/acquisition/use and/or payment for such Games. The availability of Games and features will vary between countries and not all Games or features may be available in the User’s country.
MY.GAMES Ecosystem includes all our games available at store.my.games or through a third party software. We do our best to make all our games available worldwide, but in some regions a game or some its features may be blocked.
2.2. Any use of the Game except as specifically authorised in this EULA, without the prior written permission of the COMPANY, is strictly prohibited and may violate intellectual property rights or applicable laws. The COMPANY may terminate the licence granted to the User hereunder at any time, with a prior notice, including where the COMPANY reasonably considers that: (a) the use of the Game by the User violates this EULA or applicable law; (b) the User fraudulently uses or misuses the Game; or (c) the COMPANY is unable to continue providing the User with the Game due to technical or legitimate business reasons.
You can use the game in a way specified in this EULA. If you want to use a game or its components for something else, first you will need a written permission from our company, otherwise it will be a violation of property rights.

3. USER’S ACCOUNT

3.1. In order to use the Game, the User is required to create an Account following the instructions outlined on the Website and, inter alia, fill in the registration form or create an Account using his/her social media account.

When registering an Account, the User may fill in the registration form with the data he/she considers sufficient for his/her identification in the Game as a unique user, except for the mandatory fields of the registration form, filling in of which shall be obligatory for the User in order to use the Game.

The COMPANY, its affiliates and/or its partners may confirm the receipt of the User’s online application in order to create an Account electronically to the e-mail address or by SMS message to the telephone number provided by the User (not applicable to the Account created by the User using his/her social media account).
Pretty obvious, you'll need an account to play the game, and we've made several ways you can create it — all for your convenience.
3.2. Should the User access and download the Game via Third Party Platform, the User can use the Game without creating an Account. However, in this case, the User shall acknowledge that he/she is solely responsible for saving his/her game progress in the Game. In order to save his/her game progress, the User is strongly recommended to create an in-game Account or attach his/her game profile to his/her Account on the relevant Third Party Platform, from which the User accesses the Game (if applicable).
If you play via the third-party platforms you don't need a separate account, however we recommend that you create an in-game account and bind it to your account on that platform if possible. Thus, you won't lose your progress.
3.3. The User’s Account is for his/her personal, non-commercial use. The Users are informed and accept that the information provided when opening their Account is presumed to establish their identity. The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Account as soon as it is modified so that it always complies with these criteria. The User shall not share the Account or his/her login and password, nor let anyone else access his/her Account or do anything else that might threaten the security of the Account. The User shall maintain the confidentiality of his/her login and password.
Here we are asking you to provide us with real data and update it as soon as it changes.
3.4. In the event that the User becomes aware of or reasonably suspects any breach of security, including, without limitation, any loss, theft, or unauthorised disclosure of his/her login and password, the User must immediately notify the COMPANY thereof and modify his/her login and password in case the Game has such a functional. In the absence of such prompt notification, the COMPANY cannot guarantee the safety of the User’s game process.
You’re fully responsible for keeping your account safe and not sharing its credentials with anyone. If someone found your password (like on a sticker at your monitor) — act immediately, change it and contact our customer support: support.my.games
3.5. The User is forbidden to distribute, use, or deliberately obtain any information granting access to the Account of another User, as well as distribute links to third party resources containing such information. It is forbidden to use or attempt to use another User’s Account without authorisation from that User and the COMPANY, inter alia, to log into the Account registered by another User in the case of receiving such information or by other means.
You've already learned that no one should use your account and, which is pretty logical, you can't use anyone else's account. Looks fair, right?

4. IN-GAME ASSETS AND IN-GAME CURRENCY

4.1. The User acknowledges that the COMPANY may provide the User with the opportunity to acquire additional In-Game Assets and/or In-Game Currency within some Games.

4.2. The In-Game Currency is not a means of payment and serves the sole purpose as a means of exchange for In-Game Assets. The In-Game Currency cannot be exchanged for cash or other valuables, except for the In-Game Assets during the usual course of the Game. Any unused In-Game Currency cannot be converted back into cash under any circumstances.

4.3. The User may be provided with the opportunity to acquire for cash a limited, personal, non-transferable, non-sublicensable, revocable licence to use the In-Game Assets and/or the In-Game Currency exclusively from the COMPANY and/or its authorised partners by using one of the approved payment methods provided for each respective Game.

4.4. The COMPANY will credit the In-Game Currency to the User’s Account after receipt of the payment. The charge of the In-Game Assets and/or the In-Game Currency to the User’s Account shall be made as soon as possible. However, due to circumstances beyond the control of the COMPANY, there may be delays in receiving payment information from the payment processing systems regarding the User’s in-game purchases.
Here we are talking about the rules of purchasing in-game goods in case a game provides you with such an option.

4.5. The COMPANY does not guarantee, that:

(i) In-Game Assets that the User wants will be available at the time the In-Game Currency is credited to his/her Account,

(ii) the User will be able to use the In-Game Assets for an indefinite or desired period,

(iii) the User will be able to exchange the In-Game Currency for any or specific In-Game Assets,

(iv) the characteristics or the intended use of the In-Game Assets will remain unchanged for the duration of the operation of the Game or will meet the User’s expectations or preferences.

4.6. The COMPANY shall not be liable for the User’s loss of In-Game Assets and/or In-Game Currency during the game process obtained as a result of participation in the Game.

4.7. Taking into account the technical complexity of the Game and the resources used for the operation of the Game, the COMPANY carries out regular maintenance diagnostics of the Game. The COMPANY may withdraw In-Game Assets and In-Game Currency already displayed in the User’s Account in case such maintenance diagnostics reveals that such In-Game Currency or In-Game Assets were accidentally displayed in the User’s Account, including because of a bug or an error in the Game or the COMPANY’s Website.
If you received some goods by mistake or as a result of fraudulent actions, we have a right to withdraw them from your account.

5. RIGHT OF WITHDRAWAL

5.1. All fees payable for the Games, the In-Game Assets and/or the In-Game Currency are non-refundable, except as expressly set forth in accordance with applicable legislation. All in-game sales are final. The Games, the In-Game Assets and/or the In-Game Currency are not subject to return or exchange unless it is otherwise provided for herein. By purchasing the Games, the In-Game Assets and/or the In-Game Currency, as well as exchanging the In-Game Currency for the In-Game Assets, the User understands and agrees that (i) the User’s access to the Game may be terminated according to this EULA, and/or (ii) the Game may be discontinued at any time for any reason, and that such events do not give rise to the User’s right to receive a refund of any sums paid for any used or unused Game, In-Game Assets and/or In-Game Currency.

IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THAT THE USER IS DISSATISFIED WITH THE GAME.
If you decide to buy a game, an in-game asset or currency, they are non-refundable, except for certain cases defined by the law. Even if the access to your account is terminated due to EULA violation or the game discontinues, or you're dissatisfied with the game.
5.2. The transfer of the In-Game Assets and/or the In-Game Currency is prohibited except where expressly authorised in the Game. Other than as expressly authorized in the Game, the User shall not sublicense, sell, redeem or otherwise transfer or attempt to transfer the In-Game Assets and/or the In-Game Currency to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of the Users right to access to his/her Account and/or the Game. Should it be provided by the functionality of other services of the COMPANY and/or its affiliates, the Users may be allowed to exchange the In-Game Assets with each other, inter alia, for In-Game Currency, and/or exchange In-Game Currency for cash or other valuables.
Some games provide you with a way to exchange, sell or transfer the in-game items to other players (with the in-game means and currencies). If there is no such option, you're not allowed to perform such actions.

6. LIMITED LICENCE

6.1. From the moment of acceptance of this EULA by the User, the COMPANY grants the User a personal, limited, non-exclusive, non-assignable, and non-transferable licence to install and use the Game in the Territory within the scope of its functionality and solely for personal and non-commercial use, and, in full compliance with this EULA and any other documentation accompanying, or being incorporated into, the Game.

6.2. The User agrees and acknowledges that any and all rights to intellectual property (including, without limitation, in the Game and any related Materials) belong to the COMPANY and/or its partners/affiliates (if applicable). Rights to intellectual property granted hereunder are licensed, but not sold. The licence granted hereunder confers no title or ownership in GAMES Ecosystem.

6.3. The User is expressly prohibited to:

– sublicense, rent, lease, transfer, resell, gift, exchange, distribute, or otherwise use the Game or its copies and/or his/her Account as well as disseminate of information about the intention to perform the actions listed above by the User or any third parties;

– alter, merge, adapt, decompile, disassemble, modify, translate into other languages, or in any way change the Game or any of its components;

– create derivative works based on the Game;

– remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Game;

– use the Game in any manner that could interfere with, disrupt, negatively affect, or reasonably inhibit other Users from fully enjoy the Game, or that could damage, disable, overburden, or impair the functioning of the Game in any manner;

– use the Game in any way that breaches this EULA, including the Game Rules and the Forum Rules (if applicable), any applicable local, national, or international law, or any other regulations and policies;

– use the Game for any purpose or in any manner that the COMPANY considers as a breach of this EULA.

6.4 No other rights to the Game or its parts are granted to the User hereunder, except for the rights expressly stated in this EULA.
Here is the list of what you can and cannot do with the game. To put it short, your account is only for your personal use. We know that list of the things you cannot do is huge, but this is how the intellectual property rights work.

7. USER CONTENT

7.1. By transmitting or submitting any User Content, the User affirms, represents, and warrants that such transmission or submission is (a) accurate and not confidential; (b)not in violation of Game Rules, Forum Rules, contractual restrictions, any applicable laws and regulations, or third party rights, and that the User has permission from any third party, whose personal information or intellectual property is in the User Content; (c) such User content is free of viruses, adware, spyware, worms, or other malicious code; (d) the User acknowledges and agrees that any of his/her personal information within such content will, at all times, be processed by the COMPANY and/or its partners/affiliates in accordance with the MY.GAMES Privacy Policy; (e) the User grants the COMPANY and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, limited right to use such User Content by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it; this license shall be deemed granted to the COMPANY for the entire duration of the intellectual property rights to such User Content as soon as it is uploaded on MY.GAMES Ecosystem or from the moment the COMPANY otherwise acquires such rights, inter alia, from its affiliates.

7.2. The COMPANY reserves the right in its sole discretion, for justified reason, to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Content without notice. The COMPANY assumes no responsibility for the conduct of any User submitting any User Content and assumes no responsibility for monitoring the Game for Unacceptable Content or inappropriate conduct of the Users. The COMPANY does not, and cannot, pre-screen or monitor all User Content.

7.3. The User acknowledges and agrees that his/her use of the Game is at his/her own risk. By using the Game, the User may be exposed to Unacceptable Content of other Users that is offensive, indecent, or otherwise not in line with his/her expectations. The User bears all risks associated with the use of any User Content of other Users available in connection with the Game. At the discretion of the COMPANY, its representatives or technology may monitor and/or record the User’s interaction with the Game or communications with other Users (including, without limitation, messages) when the User is using the Game. By entering into this EULA, the User hereby provides his/her irrevocable consent to such monitoring and recording. If, at any time, the COMPANY chooses, in its sole discretion, to monitor the Game, the COMPANY nonetheless assumes no responsibility or limited responsibility for the User Content. The COMPANY has the right, in its sole discretion, to edit, refuse to post, or remove any User Content.
We love the content created by our community, and we expect it to follow all our rules and community guidelines. Even if we're doing our best to monitor and moderate the User Content, we can't cover all of it.

Besides, when you create and upload your content on our platforms we can use it (for example, to show your comment in our video).

8. SANCTIONS

8.1. The COMPANY shall independently determine the fact of violation. In the case of violation of the EULA, inter alia, the Game Rules, and/or the Forum Rules by the User, the COMPANY shall have the right to apply the following sanctions to the User, depending on the extent of the violation committed by the User and its adverse effect on the game process and other Users:

– issue a warning in any form, including by means of e-mail;

– remove any User Content that violates any applicable law or breaches the EULA, inter alia, the Game Rules, and/or the Forum Rules;

– rename, only if necessary (e.g. offensive name), his/her character, community, or organisation of gamers;

– temporarily restrict some features of the Account and/or forum account (if applicable);

– suspend access to his/her Account(s) and/or forum account(s) (if applicable) in its entirety;

– restrict Game and/or forum use fully or partially;

– temporarily restrict or permanently disable access to a character or some of its features;

– temporarily restrict or permanently disable in-game services of communication and/or forum use;

– limit the number of connections to the server, as well as the duration of each connection for a specific period of time;

– block IP addresses, MAC addresses, or proxies used to access the Game;

– delete his/her character and/or Account.

8.2. The COMPANY will make reasonable efforts to provide the User with explanation on what the terms of this EULA, inter alia, the Game Rules, and/or the Forum Rules were violated by the User, as a result of which the sanctions were applied by the COMPANY.

8.3. The User is not allowed to register new Accounts in case of the violation of the EULA, inter alia, the Game Rules, and/or the Forum Rules by the User. In case the COMPANY finds that such User has multiple Accounts, the COMPANY reserves the right to apply the foregoing sanctions to all Accounts of such User.
We hope that you'll never need this information, as it's for the bad guys violating our EULA. What can they expect? Here is the list of sanctions.

9. HEALTH OF USERS

The following precautions should be taken by the Users:

Avoid playing if tired or short of sleep;
Play at good distance from the screen;
Play in a lit room and moderate the brightness of the screen;
Take breaks of ten (10) to fifteen (15) minute every hour.
Your health is one of the most important things, it's way more important than winning a match or completing an in-game challenge. We're here to remind you the main precautions.
WARNING: SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; COMPANY HIGHLY RECOMMENDS THE USERS TO CONSULT THEIR DOCTOR BEFORE ANY USE. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, THE USER MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR HIS/HER PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.
It's written in CAPS for a reason. If you experience any of the following symptoms, stop playing and consult a doctor.

10. AUTOMATIC UPDATES TO THE GAME

10.1. In order to improve the Game, the COMPANY reserves the right to introduce automatic updates and changes into the Game so long as the User’s device is connected to the Internet, without the User needing to install the said updates and changes manually. User acknowledges and agrees that some updates and changes to the Game may lead to the system requirements increase. In order to ensure the efficiency of the mentioned updates and changes, and to enable the User to continue using the Game, the User hereby expresses their consent to the introduction of such updates and changes by the COMPANY. The User shall be solely responsible for ensuring that his/her device has sufficient system requirements and memory in order to use and store the Game.

10.2. This EULA applies to any automatic updates (additions, modifications) to the Game that are introduced by the COMPANY by means of the Internet and which are not accompanied by a separate licence or other agreement.
We want to keep you interested and involved all the time, and it's hardly possible without the game updates. We'll do our best to improve the game, but please note that it may lead to change in the system requirements.

11. WARRANTY DISCLAIMER

IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.

THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Here are the provision rules regarding our warranties applied to the residents of the European Union or European Economic Area.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

(А) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME,

(C) ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME,

(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR

(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Here are the provision rules applied to the users residing outside the European Union or European Economic Area.

12. LIABILITY

IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.

NEVERTHELESS, THE COMPANY LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.

IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE GAME BY THE USER.

THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING OR LAUNCHING THE GAME ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE GAME. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.

IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
In this paragraph we're explaining the obligations we have to our users. Please note that it consists of two parts: one concerns European residents and the other - all other users.

13. DATA AND INFORMATION SECURITY

13.1. COMPANY's personal data protection rules are available on the website https://documentation.my.games/terms/mygames_privacy.

COMPANY is very concerned about the protection of personal data. The personal data collected by COMPANY in the context of the present document will be subject to automated processing in accordance with applicable law. All information collected as part of the provision of the service is recorded by COMPANY, which is data controller. It is essential for the operation of the services offered by COMPANY.

In order to exercise one or more of his/her rights, the User must provide proof of identity and contact the person in charge of data protection at COMPANY (via Service Support at https://support.my.games/store or writing to Barbara Strozzilaan 201, 1083 HN, Amsterdam, the Netherlands).

In the event of a complaint, it is possible to contact the authority of the User’s country of residence. If the User resides in France, he/she may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on www.bloctel.fr. Such User can also contact CNIL at www.cnil.fr.

13.2. The information submitted by the User in any way is to be accurate.

Although the COMPANY does its very best uses reasonable efforts to ensure the confidentiality of the data information and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, the User understands that no security measures is perfect and that it can be circumvented.

13.3. The User understands and acknowledges that, even after deletion of data and the User Content provided by the User, such data or User Content may remain accessible in the cache or Web archives, as well as in the search results of search engines, and may also be available to other persons if other Users have copied and stored the User’s data or User Content.

13.4. The COMPANY cannot control the actions of other Users with whom the User wants to share his/her account data (login and password). Therefore, the COMPANY cannot warrant that any User Content that the User posts in the Game will not be available for viewing by unauthorised persons.

13.5. For the purpose of detection system improvement and elimination of malfunctions and errors in the Game, as well as detecting the use of third-party software resources that affect the game process, the User permits and COMPANY has right to automatically collect, store, process, submit to third party for achieving such purpose areas of computer random access memory used by the User simultaneously with the launch and/or operation of the Game as well as the following data: (a) software information installed in personal computer of the User including operating system, drivers, dxdiag; (b) screenshots during the game process of User, (c) computer information of User, its basic characteristics and parameters and (d) dll list connected to the process of the Game functioning in personal computer of User, its versions and checksums. The collected information of the User indicated in subclauses (a)-(d) hereof shall be completely anonymized.

13.6. The information provided by the User is used by the COMPANY and/or its partners/affiliates in accordance with the MY.GAMES Privacy Policy available at documentation.my.games.
We are doing our best to keep your data protected, and we have separate data protection rules available at https://documentation.my.games/terms/mygames_privacy. In this section you can find out what kind of data we expect you to provide, and data we collect in order to operate our services, improve them and detect different errors or violations.

14. APPLICABLE LAW AND JURISDICTION

Unless otherwise expressly provided by applicable law, this EULA is governed by and construed in accordance with the laws of England and Wales. All disputes arising out of or in connection with this EULA shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the User and the COMPANY fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the COMPANY’s place of location unless otherwise expressly provided by applicable law.

If the User resides in France, these Terms of Use are subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.

In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.
If you have any disputes connected to this EULA, you have to find more information about the applicable law and the regulations in this section.

15. MISCELLANEOUS

15.1. This EULA is effective from the moment the User first downloads, installs, or otherwise uses the Game and shall last until terminated in accordance herewith. The User may terminate this EULA at any time by uninstalling the Game. The COMPANY may terminate this EULA by notifying the User of termination by any means available to the COMPANY; in this case, the User shall immediately uninstall the Game.

15.2. The COMPANY may modify the functions and informational content of the Game, as well as any related Materials, at any time, at its own discretion. In case that would cause a reduction in the User’s rights, the COMPANY will notify the Users about such change, in which case the notified User shall have the right to terminate the EULA.

15.3. Unless such assignment is likely to result in a reduction in the User’s rights, the COMPANY may, at its own discretion, at any time assign and/or delegate its rights and obligations under this EULA, or any part thereof, to any third party with a prior notice to the User. The User’s rights and obligations hereunder are personal and not subject to assignment.

15.4. In case of termination of this EULA, Sections 11, 12, 13, 14, and 15 remain in force.

15.5. This EULA constitutes full agreement between the User and the COMPANY regarding the use of the Game by the User and substitutes any previous or contemporaneous oral and written agreements regarding the User’s use of the Game.

15.6. The terms and conditions of MY.GAMES Terms of Use located at documentation.my.games shall apply to relations between the COMPANY and the User under this EULA to the extent that such terms and conditions do not conflict with the terms and conditions of this EULA. Capitalised words that are not defined in this EULA shall have the meaning prescribed to them in MY.GAMES Terms of Use.

15.7. If any provision of this EULA is or becomes illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of this EULA shall remain in full force and effect.

15.8. The EULA may be modified by the COMPANY at any time. Any amendment to the EULA shall be notified to Users. The User shall undertake to independently check the EULA with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account.

15.9. COMPANY reserves the right to revise the terms of this EULA, inter alia, the Game Rules, and/or the Forum Rules, by updating the EULA at documentation.my.games, or by notifying the User by e-mail. The revised EULA comes into force on the date on which it is published. The User is advised to check the above website periodically for notices concerning such revisions. The User’s failure to take the actions of familiarising himself/herself may not be the ground for failure to fulfil the User’s obligations and the User’s failure to observe the limitations established hereby. The User’s continued use of the Game shall be deemed to constitute acceptance of any revised terms.
EULA and using the game always go together. The only way to terminate this EULA on your side is to uninstall the game. If we terminate EULA on our side - we will notify you, and you'll have to uninstall the game.

Everything changes and this agreement can change too. Don't worry, we'll keep you notified about any changes!
15.10. For the matters related to performance of this EULA and/or use of the Game, the User may contact the COMPANY through support.my.games.

Only the English version of this document shall have legal effect. Any translations of this document into other languages are provided for Your convenience only.

© My.com B.V. | 2020

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Got any questions or concerns left? Contact our support staff and we'll be happy to answer them: support.my.games