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TERMS OF USE

Last updated: August 18, 2017           

This Agreement (hereinafter "Agreement", "Terms of use" or "Terms") governs the relationship between you (hereinafter “You”, “Your”) and My.com B.V. (hereinafter "My.com" or "We") with principal offices located at Barbara Strozzilaan 201, 1083HN, Amsterdam, the Netherlands, with respect to Your use of My.com’s games and related services, including, without limitation, applications for mobile devices as well as My.com-branded websites.

1. GENERAL PROVISIONS

1.1 These Terms of use shall govern Your use of all the games, mobile applications, game portals, game forums, chat rooms associated with the games as well as any other game services published or otherwise provided by My.com by means of any web resource including, without limitation, my.com platform and/or the associated application store (hereinafter collectively referred to as the “Game Services”).

1.2 Your use of any Game Services is governed by General Terms of Service, which can be downloaded from http://legal.my.com/us/general/tos/ (hereinafter the "General Terms"), by these Terms of use, as well as certain additional agreements and terms, which may be provided with respect to specific Game Services (if any). 

1.3 Please note that the Game Services may include services and software of partners of My.Com, the use of which shall be governed by separate agreements with such partners of My.Com.

1.4 Your use of Game Services designed for mobile devices and provided by my.com portal is governed by legal documents contained in the respective application stores. The description of certain Game Services in the respective application store may contain a reference to these Terms of use, which means that Your use of such Game Services is governed by these Terms of use.

Please read carefully the contents of these Terms of use and the documents referred to in sub-paragraphs 1.1 to 1.4.

1.5 Your use of the Game Services, the registration of an Additional Account in connection with the Game Services, the beginning of a gameplay in any game, posting a message in the forum/game chat, as well as downloading any software that is offered for download from the games.my.com website or from the website of the respective game, is a proof of your unconditional consent to the terms of all of the aforesaid documents.

2. REGISTRATION OF AN ADDITIONAL ACCOUNT

2.1. In some cases, in order to use the Game Services, you will be required to create an additional account (hereinafter the “Additional Account”), in addition to Your primary account, which will be available to You after registration on the My.com website (hereinafter the “Primary Account”). To create the Additional Account, You should follow the instructions outlined on the web page of the corresponding Game Services and, among other things, You will need to fill in all the required fields of the registration form, which will also confirm your full agreement to the General Terms, these Terms and other agreements and regulations in connection with each of the relevant Game Services, for access to which you create the Additional Account. In order to be able to correctly log in, You need to fill in all data fields flagged as "required" in the form. All information, irrespective of whether it is required or optional, must be accurate.

2.2. We will electronically confirm the receipt of your online application to open the Additional Account to the email address that You provided.

2.3. In the game rules, We reserve the right to require that You only participate in the respective Game Services using one Additional Account ("prohibiting multi-accounts"). Even in relation to those Game Services where You are allowed to create more than one Additional Account, those multiple Additional Accounts may not communicate with one another or interact in any other manner ("prohibiting pushing"). In particular, You are not allowed to use these Additional Accounts to create an advantage for one of Your other Additional Accounts. We would like to clearly point out that breaching the prohibition on multi-accounts and/or the prohibition on pushing may result in You being immediately blocked from using the Game Services.

2.4. You are not permitted to transfer Your Additional Account to third parties.

2.5. The information provided by You in connection with creating the Additional Account is used by My.com and/or its partners/affiliates in accordance with the standard terms and conditions of our Privacy Policy, which may be obtained from My.com portal using the following URL: http://legal.my.com/us/games/privacy/ (hereinafter the “Privacy Policy”). Please keep in mind that My.com and its affiliates have the right to verify, merge, and compare the information that You provide when creating Additional Accounts for different Game Services and other My.com’s services.

2.6. You are prohibited to distribute, use or intentionally receive information that allows access to the Primary/Additional Accounts of other users by any means. In addition, You are prohibited to provide your log in data (login and password) to other users. In case You have received information mentioned in the present sub-paragraph, You are prohibited to use such information to log in to the Primary/Additional Accounts of other users.

3. LIMITED LICENSE

3.1 The Game Services shall be used in accordance with the Terms and other agreements contained in the web pages/websites associated with the relevant Game Services (hereinafter the “Special conditions”). If there are no Special conditions governing the use of a Game, then the provisions of these Terms of use shall govern.

3.2 Starting from the time of registration of a Primary Account and/or an Additional Account and/or downloading any part of the Game Services, whichever comes first, My.com grants You a non-exclusive, revocable, non-transferable, limited license to use the Game Services, including subsequent modifications and improvements (if any) for personal non-commercial purposes by means of access to the published games using My.com portal, as well as by means of downloading and installing a client portion of the Game Services (if any).*

3.3 Subject to compliance with the terms and conditions of these Terms, You have a right to:

  • participate in the gameplay, create a game character (depending on the specific Game Services) purchase in-game currency, exchange in-game currency for in-game valuables, and subscribe to the Game Services;
  • reproduce the client portion of the Game Services in the memory of Your device by downloading and installing it onto Your device in order to participate in the Game Services.
  • stream, record and publish video content of the gameplay of the Game Services for commercial and non-commercial reasons. For avoidance of doubt, You are entitled to include advertisements in such streaming/recorded video content and otherwise monetize such video content by means supported by corresponding streaming or video sharing websites.

3.4 You are not permitted to:

  • modify, adapt, decompile, disassemble, change the Game Services or any of its components;
  • distribute for commercial or non-commercial purposes the client portion of the Game Services or copies thereof, either by means of distribution of physical media, or by means of making it available for download by third parties from the Internet;
  • translate the Game Services into other languages, or create other derivative works of the Game Services;
  • distribute for commercial purposes any element of the Game Services, its copies or screenshots;
  • attempt to circumvent any security measures adopted in the Game Services, including blocking access based on IP-address;
  • try to obtain in-game currency, and/or in-game valuables fraudulently or in other ways not provided for by the usual gameplay process and conditions of purchasing the in-game currency and exchanging in-game currency for in-game valuables;
  • distribute for commercial or non-commercial purposes the in-game currency and/or in-game valuables outside the framework of the gameplay process, transfer the right to use the Game Services for commercial or non-commercial purposes to third parties, including through the transfer of a game character or a login and password required to access the Primary Account and/or Additional Account;
  • use the Game Services in other manner, not contemplated by these Terms and outside of the conventional gameplay process.

3.5 All rights that are not expressly granted to You under these Terms are be reserved by My.com.

4. GAME CURRENCY USE. GAME VALUABLES CONSUMPTION

4.1 If You wish, You can purchase Game currency (in-game currency), which can be used by You solely in accordance with the conditions, specified below. Any and all fees payable for the in-game currency are non-refundable.

4.2 The in-game currency, although it has a price at the time of purchase, has no monetary value and is not subject to monetary valuation, is not a means of payment and serves a sole purpose as a means of exchange for consumed in-game valuables and purchases. The in-game currency cannot be exchanged for cash or other valuables, except for in-game valuables in the usual course of the game process.  Any unused in-game currency cannot be converted back into cash under any circumstances.

4.3 In-game currency is purchased by You by paying cash for the appropriate amount of the in-game currency using one of the approved payment methods, provided for each respective Game Services on a website associated with the respective the Game Services. The charge of the in-game currency to Your in-game account shall be made as soon as possible, however, due to circumstances beyond the control of My.com, there may be delays in receiving payment information from the payment processing systems regarding Your in-game currency purchases. Please note that My.com will not credit the in-game currency to Your in-game account until My.com has received a confirmation of Your payment. If you did not receive the Game currency credit within 24 hours from the time of payment, please contact our customer service at support.games.my.com. The in-game currency shall be credited to Your account and You shall have the right to use it in connection with the respective Game Services when the corresponding payment of the purchase price for the in-game currency from You is actually received on the account of My.com.

4.4 You can exchange the in-game currency for in-game valuables that are available at a specific time. Therefore, You acknowledge that this is the only operation You can perform with the in-game currency. For the purposes of the present Terms, You acknowledge that in-game valuables also refers to Bonus Codes that provide the possibility of obtaining bonus gifts in the Game Services.

4.5 The purchase of in-game currency and the exchange of in-game currency for in-game valuables is made by You at Your own risk. My.com does not guarantee, that (i) the in-game valuables desired by You would be be available at the time of crediting the in-game currency to Your in-game account, (ii) You would be able to use the in-game valuables for an indefinite or desired period, (iii) You would be able to exchange in-game currency for specific or any in-game valuables for an indefinite or desired period, (iv) the characteristics or the intended use of the in-game valuables will remain unchanged for the duration of the operation or the Game Services or will meet Your expectations or preferences.

4.6 All in-game currency sales are final.  By purchasing in-game currency, as well as exchanging in-game currency for in-game valuables, You understand and agree that (i) Your access to the Game Services may be terminated according to these Terms, and/or (ii) the Game Services may be discontinued at any time for any reason, and that such events do not give rise to Your right to receive refund for any sums paid by you for any used or unused in-game currency.

4.7 The in-game valuables become available for purchase when the in-game currency is credited to and reflected in Your in-game account.

4.8 You are prohibited to sublicense, sell or attempt to sell the in-game valuables for money, or exchange the in-game valuables for value of any kind outside of the Game Services. Any such transfer or attempted transfer is prohibited and void, and will result in an immediate termination of Your Additional Account and/or Your access to the Game Services.

5. CODE OF CONDUCT

5.1 By using the Game Services, You agree to observe the following Code of conduct.

(A) General Terms of virtual communication with other users in the game forums or in game chats.

When placing any materials, data, comments, messages, information, as well as links to them (hereinafter in this section the "Content") in forums, chats, other virtual spaces designed for communication, You agree not to:

  • transfer or publish erotic or pornographic Content,
  • transfer or publish any Content that, in the opinion of My.com, is offensive to other users and or injurious to business reputation of third parties or public moral,
  • transfer or publish illegal, harmful, dangerous, or obscene Content, as well as Content that contains information of discriminatory nature against other persons on the basis of gender, race, nationality, religious beliefs, sexual orientation and other protected grounds,
  • transfer or publish the Content of commercial advertising nature or attracting attention to any goods or services,
  • transfer or publish the Content that contains personal information or confidential data of any person,
  • use "bots" or other automated techniques for collecting information about users,
  • disturb, threaten, stalk, confuse or harass other users.

(B) Rules governing selection of a name of a game character, a name of a clan, group, user name in a game forum

The Users are prohibited from using as the name of the game character, name of the game clan or other group, as well as the name of the User at the forum the following designations:

  • offensive or rude words, inciting words of discriminatory character, swear words and phrases, expletives in any language, composed of letters of any alphabet;
  • proper names and other words and phrases used in religions or cults, which may cause insult of the feelings of believers (use in the name of the game clans and the game groups such common religious concepts (except for proper names) as "paradise", "hell", "angel", "devil", "voodoo", etc. is not prohibited. For example, the clan name of the group like "Team of devils" or "Voodoo dolls" corresponds to these Terms);
  • names of historical figures and politicians;
  • words and phrases that are directly or indirectly related to drugs, means of their preparation, use and acquisition;
  • words and phrases which can mislead other users as to that the user, registered under such name, is a representative of My.com or otherwise has direct or indirect relation to it, or has any rights of administration of the Game Services;
  • unpronounceable letter combinations;
  • words and phrases that contain advertisement of goods or services, including any domain names and trademarks;
  • words and phrases that violate the rights of third parties (including but not limited to intellectual property rights) or the requirements of the applicable law.

 (C) Terms of the Game Services

Terms of the Game Services that determine an order of participation in the game process, interaction with the computer (PvE) or real players (PvP), may be set for each concrete Game Services on the page, devoted to the corresponding Game Services.

6. LIABILITY FOR VIOLATION OF THESE TERMS OF USE

Unless otherwise is provided by the Terms of the Game Services, My.com shall have the right to apply to You, in case of any violation of these Terms and/or Terms of the Game Services, the following types of sanctions, depending on the extent of the violation committed by You and its adverse effect on the game process and other users:

  • issuance of a warning in any form, including by means of e-mail;
  • suspension of access to the Game Services for a definite or indefinite period of time;
  • restriction of use of the game chats and forums for a definite or indefinite period of time;
  • restriction of a part of the game functionality or possibilities of the game character for a definite or indefinite period of time;
  • forced renaming of the game character, community of users or the game object;
  • withdrawal of the in-game currency and/or the in-game valuables;
  • restriction, suspension or termination of access to Your game character or to the Additional Account;
  • a change in the values of achievements and parameters of development of Your game character;
  • removal of the Game character or of the Additional Account without possibility of restoration.

7. WARRANTY DISCLAIMER

UNLESS OTHERWISE EXPRESSLY PROVIDED BY A SPECIFIC WRITTEN AGREEMENT, REGULATING THE USE OF A PARTICULAR GAME SERVICE, ANY AND ALL GAME SERVICES ARE PROVIDED "AS IS", WHICH MEANS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MY.COM HEREBY DISCLAIMS ANY EXPRESSED OR IMPLIED WARRANTIES THAT THE PROVIDED GAME SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL MEET INDIVIDUAL PREFERENCES AND EXPECTATIONS OF USERS. MY.COM WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS FOR ENSURING CONTINUOUS OPERATION OF THE MY.COM GAME SERVICES. MY.COM SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF YOUR USE OF THE MY.COM GAME SERVICES) AT ANY TIME TO SUSPEND OR STOP OPERATION AND/OR ACCESS TO ANY OF MY.COM GAME SERVICES, FOR ALL OR SOME USERS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MY.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AS WELL AS GAMES PROVIDED BY MY.COM OR OTHER USERS OF MY.COM. MY.COM DOES NOT WARRANT THAT PERFORMANCE OF YOUR PERSONAL COMPUTER OR OTHER DEVICE IS ADEQUATE TO USE MY.COM GAME SERVICES. PLEASE DETERMINE IN ADVANCE THE COMPUTER SYSTEM REQUIREMENTS FOR A PARTICULAR GAME SERVICES AND WHETHER YOUR COMPUTERSYSTEM MEETS THOSE REQUIREMENTS.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY.COM SHALL NOT BE LIABLE FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES ARISING OUT OF LOSS AND/OR DESTRUCTION OF DATA, DAMAGES ARISING OUT OF LOSS/TERMINATION/SUSPENSION OF ACCESS TO YOUR ADDITIONAL ACCOUNT IN THE GAME, LOSSES BY THE USER OF ACHIEVEMENTS OR PROGRESS IN THE GAME AS WELL AS LOSSES/DESTRUCTION/CHANGE OF THE INFORMATION, PLACED BY THE USER AT FORUMS OR CHATS OF THE GAME. IN ANY CASE, THE LIABILITY OF MY.COM TO YOU SHALL BE LIMITED TO COMPENSATION FOR ACTUAL DAMAGE, WHICH SHALL NOT EXCEED 100 EUROS. YOU MAY NOT RECEIVE ANY COMPENSATION FOR LOST PROFITS UNDER ANY CIRCUMSTANCES. MY.COM SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT LOSSES TO YOU OR THIRD PARTIES CAUSED BY: (A) USE OR INABILITY TO USE OF ANY SERVICES AND/OR GAMES OF MY.COM, (B) UNAUTHORIZED ACCESS OF ANY THIRD PARTIES TO PERSONAL INFORMATION OF THE USER, INCLUDING, WITHOUT LIMITATION, THE ADDITIONAL ACCOUNT OF THE USER, YOUR INTRA GAME ACCOUNT IN THE GAME, AND (C) STATEMENTS OR BEHAVIOR OF ANY THIRD PARTY IN THE GAME, IN FORUMS, IN GAME CHATS OR IN COMMENTS ON THE GAMES.MY.COM WEBSITE. MY.COM SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF MY.COM, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND MY.COM’S CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.

9. DATA AND INFORMATION SECURITY

9.1 You provide any and all information to My.com at the time of the creation of the Additional Account as well as any other information in connection with the Game Service at Your own risk. Although My.com users reasonable efforts for ensuring confidentiality of users’ private information, you understand that no security measures would ever guarantee the absolute confidentiality of Your information.

9.2 You are fully responsible for the safety of Your login credentials that are necessary for access to the Additional Account. All actions made by You in Your Additional Account, are considered to be made by You, if You do not notify My.com about loss of Your login and password for the Additional Account or other cases of loss of control over the Additional Account and Your Additional Account will not be blocked beforehand.

9.3 My.com cannot control the actions of other users with whom You want to share Your profile and information. Therefore My.com cannot warrant that any content that You post on the Game Services will not be available for viewing by unauthorized persons.

9.4 My.com shall not be responsible for any detours undertaken on the My.com Games websites and in the Games of security measures.

9.5 You understand and acknowledge that, even after deletion of data and content provided/arranged by You, such data or 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 Your data or content.

9.6 You hereby understand and acknowledge that all comments, messages, information, data, content, placed by You in the Game Services are likely to be available for viewing, copying by third parties. You are responsible for the texts, files, images, photos, videos, sounds, works of music, copyrighted works and other material and information etc. placed and published by You on the network (hereinafter referred to as "published information"), that You make available in the Game Services or exchange with other users. We neither appropriate such contents nor do we review or endorse it. We have no control over the information placed in the Game Services by users. We do not review such contents before it is published. Insofar we have knowledge of any illegal content, or we receive a notice thereof, we will endeavor to promptly delete it. We do not accept any liability for this content, nor, in particular, do we accept liability for its correctness, completeness or integrity.

10. MISCELLANEOUS

10.1 My.com reserves the right to assign its rights and obligations arising out of these Terms to any third party in its sole discretion, by notifying You or by means of publishing of the amended Terms. Your rights and obligations arising out of these Terms shall be considered transferred to the assignee of My.com at the moment of the time of the aforesaid notification or publication.

10.2 Your rights and responsibilities under these Terms are personal and non-transferable.

10.3 My.com has the right at any time and in its sole discretion and without further notice to You to change the functionality and the content of any of the Game Services.

10.4 Any claim You that may have against My.com in connection with Your use of Game Services shall be brought by You within one year from the time when such claim arose or when You knew or should have known the facts that give rise to such claim, whichever is later.  If You fail to bring Your claim within the time period specified in this section, it shall be time-barred.

10.5 In order to improve its services, My.com reserves the right to make automatic (without a specific request for Your consent) updates and changes to the Games. In order to ensure the effectiveness of those updates and changes, and the possibility of extending the use of the Games, You hereby consent to the introduction of automatic updates and changes.

10.6 You hereby agree and acknowledge that any and all rights to intellectual property in the Game Services belong to My.com and its licensors.

10.7 My.com reserves the right at any time, without notice to You and without stating any reasons, to suspend access to and the availability of the Game Services without compensation to You of any costs, losses of any kind or other expenses, including in the case of any, including single, violation of the terms of these Terms, the Terms of the Game Services or other applicable terms and agreements.

10.8 Both parties have a right to terminate these Terms of use at any time with immediate effect. Such termination does not require any fault or any other specific reason. In particular, but not exclusively, we have the right to terminate these Terms of use with You, if You violate any laws, or breach these Terms of use, Code of Conduct, the particular Game Services rules or You do not use Your Additional Account/ Game Services for a period of four or more weeks.

10.8.1. You have the right at any time and without notice to My.com and without explanation to discontinue the use of Your Account or the Additional Account.

10.9 In the event that You, in accordance with the laws of Your state, are prohibited to use any Game Services or the services of the games.my.com website, computer online games, or there are other legal restrictions, including restrictions on the age of admission to such software, You are prohibited from using the Game Services. In such a case, You will be solely responsible for the use of the Game Services or the relevant services of the games.my.com website on the territory of Your state in violation of the local legislation.

10.10 These Terms shall be interpreted and construed in accordance with the law of England and Wales, without regard to conflicts of laws provisions. All disputes arising in connection with these Terms are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach an agreement during the pre-trial settlement of the dispute – in the court having jurisdiction over the location of My.com’s headquarters.

10.11 These Terms may be modified by My.com without any prior notice to You. Any changes to these Terms, implemented by My.com unilaterally, shall become legally enforceable on the day following the date of publication of such changes on the website http://legal.my.com/us/games/tou/. You agree to monitor these Terms for any changes. Failure by You to familiarize yourself with these Terms and/or the modified version of the Terms is not a reason for non-performance by You of Your obligations or failure by You to comply with the restrictions imposed by these Terms.

10.12 You hereby acknowledge that You understand, accept and agree that any Game may contain audio and/or video effects, which, under certain circumstances, may cause, in people who are prone to epileptic or other disorders of central nervous system, worsening of such conditions, and You hereby certify that You do not suffer from any such disorders.  You understand and agree that continuous usage of a personal computer over an extended period of time may result in various complications of Your physical condition, including, without limitation, vision problems, scoliosis, various forms of neurosis as well as other undesirable and negative effects on Your body. You hereby warrant that You will use any Game only for a reasonable duration, with breaks for rest and that You will take other measures prescribed by Your doctor to protect your health.

10.13 The invalidity of one or more provisions of these Terms pursuant to an order of a court, does not result in the invalidity of the remaining provisions of these Terms, which shall continue to have full legal force and effect. In the event that one or more provisions of the Terms are found to be invalid, the Parties agree to fulfill the intended meaning of these Terms as closely as possible.

10.14 On matters related to the execution of the Terms of use, please contact the Licensor at the following address: Barbara Strozzilaan 201, 1083HN, Amsterdam, the Netherlands, or at email legal@corp.my.com.

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. | 2017