THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND INFIPLAY. AND BY USING THE WEBSITE AND SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
Table of Contents
The Scope of this Policy and the Covered Sites
Information Practices Concerning Children
The Types of Information We May Collect
How We Use the Information We Collect
When and How We Share/Disclose Your Information with Third Parties
How Do We Keep Your Information Secure
How Do You Access and Update Your Information
Modification of Private Policy
1. Scope of this Policy and the Covered Sites
This Policy is applicable worldwide and applies to all of our Websites and Services where we provide a link to this Policy, including Services available on Third Party Platforms, unless otherwise stated or unless we provide a link to a different policy. All Websites and Services that are governed by this Policy will contain a prominent link to this Policy on or near the homepage of the Website (or through a pop-up window on any mobile and/or other Internet connected devices (“Wireless Devices”) where possible.
This Policy applies only to information that we collect online through use of the Websites or Services. It does not apply to information that we may collect through other means.
The Websites and/or Services may contain links to other websites that are owned or operated by third parties (referred to in our Terms of Service as “Linked Sites”). When you click on any link for a Linked Site and/or visit a Linked Site’s website, you should be aware that you are leaving a Infiplay Website, and this Policy does not apply to any such Linked Sites. Additionally, if you use our Services on or through a Third Party Platform, including via any Wireless Devices, your privacy will also be subject to the privacy policies and terms of service of the Third Party Platform. We do not control and are not responsible for the terms of service, privacy policies and/or practices of any Linked Sites or any Third Party Platform you may use to access the Websites and/or Services, and you should review the policies and agreements of such Linked Sites and/or Third Party Platforms carefully.
2. Information Practices Concerning Children
The Websites and Services are not intended for children under the age of 13 and we do not knowingly collect any personal information from such children. Children under the age of 13 should not use or attempt to use our Websites or Services, and if you are under 13, please do not attempt to use our Website or Services or send any information about yourself to Infiplay.
3. The Type of Information We May Collect
Infiplay may collect different information from or about you depending upon the manner in which you use the Websites or Services. The following examples are provided to help you better understand the information we may collect through your use of and/or interaction with the Websites and/or Services:
Information Received through Your Third Party Platform Account
When you use or connect to a Infiplay Website or Service on or through a Third Party Platform, such as Facebook or other social networking site, (including using a Third Party Platform account to sign into a Infiplay Website or Service), you allow us to access and/or collect certain information from your Third Party Platform profile/account (such as your Facebook account) as permitted by the terms of the agreement and your privacy settings with the Third Party Platform. The information you allow us to access and collect varies depending on the Infiplay Service you use as well as the terms of the Third Party Platform and your privacy setting thereon. By way of example only, Infiplay may access and/or collect some or all of the following information from your Third Party Platform account when you use or connect to a Infiplay Website or Service on or through a Third Party Platform:
your full name as provided to the Third Party Platform
your profile picture or its URL
your user ID number, which is linked to publically available information such as name and profile photo
the user ID numbers for your friends that are also connected to our game(s)
the login e-mail you provided to the Third Party Platform when you registered
your physical location and that of your access devices, including any Wireless Device
groups you have joined on the Third Party Platform
your posts and the posts of your friends
(collectively “Third Party Platform Information”)
When you use a Infiplay Service (either through a Third Party Platform or directly on a Infiplay Website) we may assign you a unique identifying number (“ID number”) which is not publically displayed to other Infiplay users. Additionally, you may be able to select a user name and/or in-game character name (collectively, “User Name”). Please note, your User Name will be publically viewable by others who have access to the Websites and/or Services, and, in some instances, may be viewable to others outside of Infiplay through Internet searches and/or indexing. We recommend you do not use your real name or other information that may be used to personally identify you as part of your User Name as this information may be used to make unwanted contact with you by third parties. We are not responsible for your User Name and/or the manner in which is may be used by third parties.
Information Received through Your Wireless Device: Push Notifications
If you use a Infiplay Service on or through a Wireless Device, we may, in accordance with the terms of any applicable agreement with the Wireless Device carrier (and as allowed by your privacy settings) collect certain information such as your unique device identifier (a number automatically assigned to your mobile or wireless device), device type, and information you choose to provide or share, such as e-mail address(collectively “Mobile Information”).
We may send push notifications to your mobile device to provide game updates and other relevant messages. You can manage push notifications from the “options” or “settings” page within the mobile application. You also may be able to manage them from your device’s settings page for the mobile application
Information You Provide to Us Directly
When you use any of the Websites or Services (including through a Third Party Platform) we will collect any information you provide to us directly such as the following:
Registration Information: In order to use certain features of the Websites or Services, you may be required to register for an account, and in that case, we will collect and store any registration information you share with us such as, without limitation, your date of birth, age, e-mail address, password and other information that helps us confirm your access to your account and understand more about who you are (“Registration Information”).
Profile Information: For some Infiplay Websites or Services, you may also have the option of providing additional information about yourself to create a user profile (“Profile”) that will be publically viewable by others. We will collect the information you share with us in creating your Profile such as your, first and last name, user name, date of birth and gender, You should exercise care and caution in creating your Profile as your Profile, including your Profile Information, will be publically viewable to others and may in some instances be index by search engines and viewable outside of the Infiplay Websites and/or Services. Your Profile and/or Profile Information may be used by third parties to make contact with you in unwanted ways, and Infiplay is not responsible for information you supply in your Profile and/or the manner in which it is used by others.
On some Infiplay Websites and Services, your User Name as well as your Profile Information may be displayed in conjunction with your Public Posting. Thus, those accessing this information may be able to identify you, using other available source of information, such as your related Third Party Platform account or information on other websites.
Payment Information: If you purchase any products or services through our Websites or Services, such as in game virtual currency or goods, we may collect certain information regarding your purchase (such as your name, zip code, purchase) as necessary to process your order, and you will be required to provide certain payment and billing information directly to our payment processing partners, such as but not limited to your name, credit card information, billing address, and zip code. We do not directly access, store or collect your credit card information, and we will not use your payment information we collect except as needed to fulfill your purchase and/or communicate with you regarding your transaction.
4. How We Use the Information We Collect
Infiplay may use the information we collect through your use of the Websites and Services for a variety of purposes, primarily related to providing and improving the quality of our Websites and Services. For example, we may use the information we collect in the following ways:
Providing, administering, and facilitating your use of the Websites and Services, including the display of customized content and/or targeted advertising;
Marketing our products and/or services to you, including sending you offers, promotions information, newsletters, e-mail campaigns, and communications regarding new, improved or existing products, contests and/or sweepstakes;
Resolving site problems; handling or responding to customer support questions and issues;
Managing your account preferences, establishing your Profile and Registration Information;
Monitoring the technical functioning of the Websites, Services, and network;
Developing new and/or improved games, products, services or offerings;
Providing you with news and newsletters;
Identifying, researching, and protecting against any actual, potential or threatened misuse, unauthorized use, or unwanted use of any of the Websites or Services, including but not limited to researching any claims made by or about others users and/or about the Websites and/or Services, and such efforts of which may include information provided from third-party sources;
Third party hosting of the Websites and/or Services;
Marketing, processing or fulfillment of Promotions administered or sponsored by Infiplay;
Trouble-shooting errors or issues with any of the Websites and/or Services;
Tracking purchases and usage information;
Communicating with you concerning your Account;
Asking you to participate in surveys about products and services; or
As we, in our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Websites and Services.
5. When and How We May Share/Disclose Your Information with Third Parties
We will only share your information (including personal information) with the following third parties or under the following circumstances or as otherwise described in this policy:
Safety, Security, Cooperation with Law Enforcement, & Compliance with Legal Obligations. We may disclose your information to third parties, including your personal information, if we, in our sole discretion, have a good faith belief that disclosure is: (1) permitted or required by law; (2) requested in connection with or relevant to a judicial, governmental or legal inquiry, investigation, order, or proceeding; (3) required or reasonably necessary pursuant to a valid subpoena, warrant or other legally valid inquiry or request; (4) reasonably necessary to enforce our Terms of Service, this Policy, or any other legal agreements; (5) required to detect, prevent, or otherwise address fraud, abuse, misuse, potential violations of law (or rule/regulation), and/or security or technical issues; or (6) required or reasonably necessary to protect against imminent harm to the rights, property or safety of Infiplay, our users, employees, any minors, members of the public and/or our Websites and Services. We may also disclose information about you to our auditors or legal advisors in conjunction with accessing our disclosure obligations and/or rights under this Policy.
Third Party Service Providers, Contractors or Agents. We may share your information with third party companies that perform services on our behalf, including payment processing, order fulfillment, data analysis, marketing services, e-mail campaigns, hosting services, and customer service. While providing the services for us, these companies may access your personal information, and are required to use it solely as directed by us for the purpose of our requested service.
Business Transfers, Sales or Mergers or Divestitures. In the event that Infiplay undergoes a business transition, such as a merger, acquisition, corporate divestiture or dissolution (including bankruptcy), or a sale of all or a portion of its assets, including in connection with the sale or other transfer of a game, we may share, disclose or transfer all of your information, including personal information, to the successor organization in such transition.
Business Partners. In conjunction with the development and running of our games and in connection with the offering of other games we may partner with third party developers and/or licensors to assist us in providing you with our services. We will share the information you provide us through your social network such as (1) your first and last name, (2) your profile picture or its URL, (3) your user identification number of the pertinent social network, which is linked to publicly available information such as name and profile picture (4) the login email you provided to the pertinent social network upon registration; and (5) game play information with these third parties, all so they may, among other things, facilitate the use of our service as well as contact you about other games and products they offer which may be of interest to you, provide you with service notifications and to solicit your feedback and input.
Promotions. We may share your information in connection with any Promotion you enter on or through the Websites, as necessary to administer, market, sponsor, or fulfill the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate) or in accordance with the applicable Official Rules of the Promotion/Sweepstakes you enter.
6. How Do We Keep Your Information Secure?
Infiplay takes commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, sensitive data that you share and we collect and store. These security measures may include practices such as keeping your sensitive data on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our site or mobile application, internal reviews of our data collection practices and platforms, as well as physical security measures to guard against unauthorized access to systems where we store your information. Unfortunately, however, no security system can be 100% secured, and we cannot guarantee that communications between you and Infiplay, the Websites or Services, or any information provided to us in connection with the information we collect through the Websites or Services will be free from unauthorized access by third parties. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Your password is an important component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties. If your password has been compromised for any reason, you should change it immediately and follow the notification procedures set forth in Section 6 of our Terms of Service.
7. How To Access & Update Your Information
You may access and update your information that Infiplay collects and maintains in the following ways:
Information We Receive from a Third Party Platform or Wireless Device.
Information We Receive Directly from You.
You may update the information you provide directly to Infiplay by logging into your Account on the relevant Infiplay Website you are using and updating your Account information.
Right of Access to Your Information.
You may also submit any requests for access to your personal data to email@example.com
8. Modification of Private Policy
9. Contact Us
Terms of Service
INFIPLAY Terms of Service
INFIPLAY LIMITED (“INFIPLAY”, “we” or “us,” and “our” to be construed accordingly) provides this website www.infiplay.ru (the “Site”) and all Site-related services and products, including without limitation, massively multiplayer online role-playing and multiplayer online casual games (collectively, the “Service”) subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between the Company and you, the Site visitor and/or Service member (“you”) with respect to your use of the Service. It is important that you read carefully and understand the terms and conditions of this Agreement.
We reserve the right to:
•Change the terms and conditions of this Agreement if we are required to do so due to a change of the applicable laws and regulations, due to a change in the contracts with our third party providers (e.g. payment system and software providers) or in order to preserve the integrity of our systems and the Service;
•Change the Service, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content or data on or feature of the Service or the hours that the Service is available for the same reasons;
•Change the equipment, hardware or software required to use and access the Service.
Any changes we make will be effective after a reasonable time span as set forth in the notice of such changes. We will provide the notice by posting on the Site and/or e-mail to the address which you have provided while registering to the Services. Your continued use of the Site or Service after such notice and an appropriate time span as set forth in the notice will be deemed acceptance of such changes.
Table of Contents
1. Electronic Communications
2. The Materials
3. Limited License and Right to Use the Materials
4. Service Registration
5. Virtual Currency/Site Items
6. Virtual Currency Transfers/Transactions
7. Your Responsibilities
8. Intellectual Property Rights and Copyrights
9. Sweepstakes / Tournaments / Competitions
10. Limited Liability
12. Termination and Discontinuation
1. Electronic Communications
When you visit www.infiplay.ru or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. The Materials
The information and materials provided on or through the Websites and/or Services, including without limitation, Virtual Currency, Site Items, and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Websites and/or the Services (including any new levels, characters, and in-game items), links, and other content, features and services available on or through the Websites and/or the Services (collectively, the “Materials”), excluding Submissions, are intended to educate and inform you about us and our business and provide you with access to the Services.
3. Limited License and Right to Use the Materials
The Websites and Services are provided for your enjoyment, and unless otherwise specified on or in the Websites or Services, solely for your own personal use. INFIPLAY hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Websites and Services for your own non-commercial entertainment purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Websites or Services, including without limitation on Third Party Platforms, INFIPLAY reserves the right to revoke your right to use the Website or the Services at any time as further set forth in Section 11 herein. You acknowledge that the time that you spend on or using the Websites and/or Services including without limitation on any Third Party Platforms, is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Websites or Services and/or the Materials. Except as expressly provided herein, INFIPLAY does not grant you any other express or implied rights or license in or to the Materials, Services and/or the Websites, and all right, title and interest that INFIPLAY has in the Materials and/or the Websites rights not explicitly granted to you by INFIPLAY or its licensors are retained by INFIPLAY or its licensors, respectively. Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without INFIPLAY’s or its licensors’ express prior written permission. This includes, but is not limited to scraping user locations, power levels, or utilizing any non public information about game play or other users and migrating that data anywhere.
4. Service Registration
4.1 Acceptance of Agreement
(3) Your Account may be used only by you, except that if you are a guardian. You agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Game Rules and Policies, notices and/or agreements.
4.2 Registration Process
(1) Once you register your Account, you will be required to provide us with certain information about yourself, including, without limitation your email address, name and birthday.
(2) We will also ask you to pick a security question and answer (or security questions and answers) and may collect your IP address and computer’s hardware and operating system specifications. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation, to verify your ownership of and to maintain your Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse.
(4) You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service and, in our sole discretion, to report you to the appropriate government authorities.
4.3. Username / Password
You acknowledge that you shall be responsible for ensuring that any user name you select does not infringe any third party rights or is otherwise unlawful. INFIPLAY may refuse to grant you a username in its sole discretion for any reason including if it impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and INFIPLAY reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that INFIPLAY reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in INFIPLAY’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF VIRTUAL CURRENCY, SITE ITEMS, OR SERVICES ON OR THROUGH THE WEBSITES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password and (ii) immediately notify us of the problem by e-mailing us at firstname.lastname@example.org with the subject line: “Username Password Security Issues”).
5. Virtual Currency / Site Items
You acknowledge that the Websites and/or Services may include a component of fictional credits or currency sometimes called “Points” (collectively, “Virtual Currency”). The Virtual Currency may be used exclusively within the Websites to gain access to and certain limited rights to use virtual items for use exclusively within the Websites and Services (“Site Items”). Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from INFIPLAY or any other person or entity at any time. Virtual Currency provided by INFIPLAY includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use Virtual Currency on and in the Websites or Services including in or for any games, applications or other services provided or offered on or through the Websites and/or Third Party Platforms, and you agree that you have no right, title or ownership in or to any such Virtual Currency. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO CASH VALUE AND THAT NEITHER INFIPLAY NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SITE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, SITE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.
INFIPLAY reserves the right to charge fees for the right to access or use Virtual Currency or Site Items, and/or may distribute Virtual Currency or Site Items without charge, in its sole discretion. For example, INFIPLAY may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that INFIPLAY may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Site Items and/or any Services at any time except as may be stated in writing. Virtual Currency and Site Items will not expire and will not incur fees for non-use.
All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Site Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Site Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws and/or any national laws implementing it.
INFIPLAY has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and INFIPLAY shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your account is terminated, suspended or closed for any reason or when INFIPLAY discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.
INFIPLAY reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. INFIPLAY further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Site Items. While INFIPLAY strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that INFIPLAY’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to INFIPLAY that such calculation was or is intentionally incorrect.
6. Virtual Currency Transfers/Transactions
7. Your Responsibilities
While using the Websites and/or Services, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our reasonable discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. We further reserve the right to determine what conduct is outside the “spirit” of the Service and games provided therein. While using the Service, you agree not to:
• Restrict or inhibit any other individual from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the Service;
• Interfere with or disable any security-related features of the Websites or Services, or any part thereof, including any Services available on or through any Third Party Platforms;
• Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior, including, without limitation, looting, kill stealing, making sexual comments and/or cursing;
• Express or imply that any statements you make or actions you take are endorsed by us;
• Impersonate another person (including celebrities), indicate that you are an INFIPLAY employee, representative of INFIPLAY (including a GM) or attempt to mislead users by indicating that you represent INFIPLAY or any of INFIPLAY’s partners or affiliates;
• Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party's intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (iv) any material, non-public information about companies without the authorization to do so; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Use the Websites and/or Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
• “Stalk”, harass, threaten, or defraud other INFIPLAY users or any members of INFIPLAY staff, including by bullying, griefing, shouting, flooding, using excessively large images so that the screen goes by too fast to read, or by hitting the return key repeatedly;
• Access another user’s account without permission;
• Share INFIPLAY passwords with a third party;
• Make offers, advertisements or proposals for goods, services, or other commercial activities outside of INFIPLAY;
• Send, post, transmit or make available any content, information or Submissions that are subject to intellectual property protection, including, copyright trademark, trade secret or patent rights, or otherwise subject to third party property rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from the owner of such rights to do so and to grant INFIPLAY all the license rights necessary to transmit or maintain such content, information or Submissions;
• Misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Websites, the Services or a Third Party Platform, (such as claiming a created work as your own that is not actually yours);
• Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Websites or Materials, including any Services available on or through the Site or Third Party Platforms;
• Use, develop, or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Websites and/or Services;
• Frame or mirror any part of the Websites and/or Services without INFIPLAY’s written permission;
• Buy, sell or trade Site Items or user accounts for non-INFIPLAY items (including cash) or vice versa;
• Make improper use of INFIPLAY’s support services, including by submitting false abuse reports;
• Imply or state that any statements you make are endorsed by INFIPLAY without INFIPLAY’s prior written consent;
• Assist, permit or encourage any party in engaging in any of the activities described in the above listing;
While using the Websites and/or Services, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations, INFIPLAY has the sole discretion to delete, suspend, terminate or close your user Account, with or without prior notification to you, for any violation of these Terms, including any of the standards.
8. Intellectual Property Rights and Copyrights
8.1 INFIPLAY or its respective licensor is the exclusive owner or exclusive owner of the rights of all contents of the respective games. The content is protected by national and international law and particularly by copyright. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of INFIPLAY are prosecuted under both civil and criminal law.
8.2 Within the framework of the use of the games, INFIPLAY provides in part software to the User (e.g. the client). INFIPLAY grants the User the non-exclusive right limited to the period of use of the games for this software within the framework of a non-commercial use on the User's respective terminal device. The User may only copy this software for the purpose of backup and archiving for personal purposes, unless INFIPLAY permits the User explicitly the passing on of the software. The User agrees to retain the information about the intellectual property, which is marked on the software, also on copies of the software or in this software and to comply with all laws applicable to the use of the software.
8.3 The User is not permitted to copy the game or the software in whole or in part (with the exception of any necessary backup copy) or to disseminate, to sell, auction, rent, lease, modify, or develop derived works, to edit, translate, execute, exhibit, sub-license or generally transfer the game or the software. The User is not permitted to copy the game or the software for a fee or make it accessible to third parties for a fee and to lease or rent the game or the software or the rights thereof to third parties against payment of a fee or to transfer it in any other form to third parties for a fee or modify, translate, apply reverse engineering, to decompile or disassemble or to develop any other works derived on the basis of the game or software.
8.4 INFIPLAY and/or its suppliers and licensors retain the rights on the intellectual property of all contents of the games - with the exception of the contents uploaded by the User - as well as any other intellectual property rights on the game or software.
8.5 Any remaining agreements on further licensing provisions for the game or software, which the User potentially accepts prior to using the games, shall remain unaffected by the above-referenced provisions.
8.6 The User shall retain all rights on the contents provided by the User. By providing contents in the games, the User grants INFIPLAY a non-exclusive, free license to publish worldwide these contents in games and make these contents accessible to third parties. This non-exclusive free license can be revoked by User at any time INFIPLAY will only edit any contents provided by the User to the extent and if technical reasons require it for the error-free rendition in the games. INFIPLAY does not have any further rights of use on the contents provided by User. The User can remove his/her contents at any time. This license expires once the User deletes the contents from the games. INFIPLAY is not obliged to provide any means for deletion. The terms and conditions of the social network have priority in social games. INFIPLAY has no influence on social networks.
9. Sweepstakes / Tournaments / Competitions
10. Limited Liability
EXEPT THE CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE GAMES, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR CASH ITEMS OR NEXON CASH), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE GREATER OF TWENTY EUROS OR THE TOTAL AMOUNT OF REMAINING UNUSED NEXON CASH ON YOUR ACCOUNT. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS. WE WILL CO-OPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OF OR LOCATE ANYONE FOR THE PREVENTION OR DETECTION OF CRIME OR THE APPREHENSION OR PROSECUTION OF OFFENDERS. YOU HEREBY ACKNOWLEDGE THAT THERE MAY BE OTHER CIRCUMSTANCES IN WHICH WE MAY BE REQUIRED BY LAW TO DISCLOSE INFORMATION ABOUT YOU OR YOUR USE OF THE SITE AND/OR THE SERVICE.
12. Termination and Discontinuation
12.1 The agreements between User and INFIPLAY (e.g. use agreement of the account, use agreement for individual games) are concluded for an unspecified time unless otherwise agreed in writing.
12.2 Both Parties have the right to terminate the agreements by giving an advance notice of seven working days unless otherwise agreed in writing.
12.3 Any potential subscription agreement is concluded for the period specified in the list of services for which the User opted at the time of the conclusion of the subscription agreement. The respective term renews itself automatically by the original term if the User does not terminate the agreement no later than five workdays prior to the end of the term. The subscription must be terminated through the account management tool on the respective game website or through direct contact with customer service.
12.4 If the User terminates the subscription, then INFIPLAY will not pay back any fees already paid and it does not pay out in real money any virtual credit balances credited to the User's account subject to any constellation regulated in these Terms of Service.
12.5 The right of the Parties to terminate the use agreement at any time for a significant reason effective immediately remains unaffected by the above-referenced provisions. In particular, INFIPLAY can terminate this agreement for any significant reason, if
(2). the User has not utilized his/her account for three months despite reminder;
(3). third parties (e.g. social network operators), through the registration function of which the User gains access to his/her account at INFIPLAY, requests INFIPLAY to delete the user data and/or to undertake any comparable actions;
(4). third parties (e.g. social network operators), through the registration function of which the User gains access to his/her account at INFIPLAY, limit INFIPLAY' access to data.
12.6 Termination effective immediately is permissible in case of serious violations without the need for any advance-warning letter.
12.7 A serious violation is any violation which makes it unreasonable for INFIPLAY to keep to the agreement.
12.8 In the following cases, it is unreasonable for INFIPLAY to maintain the agreement:
(1). if the User violates the criminal code;
(2). if the User uses the account or a game in an impermissible manner;
(3). if the User provides false information during registration or during payment of chargeable services;
12.9 If the User is responsible for the extraordinary termination, then the User is not permitted to create a new account if his/her account was blocked unless he/she has the express prior written permission of INFIPLAY. In this case, the User is not permitted to register for any game to which access was denied to him/her without the express prior written permission of INFIPLAY. If INFIPLAY finds that this ban was violated, then INFIPLAY has the right to block this account or game registration permanently without prior announcement.
12.11 Every termination must be in written form, whereby the written form is maintained by e-mail. Upon request, the reasons for extraordinary termination must be disclosed immediately in writing if the termination notice did not specify them already. Any standard termination notice does not require specification of the termination reasons.
13.2 The User is not entitled to assign to third parties his/her rights under this contractual relationship. Something else applies only if INFIPLAY provides its prior consent in writing. INFIPLAY is entitled to transfer to a third party any rights and duties under this contractual relationship. The User can terminate the use of the games effective immediately upon such transfer. Any virtual currency at the time in the User’s account will be reimbursed.
13.3 In the event that the User takes legal action, suit must be filed before a Russian court.
13.7 WHEN THE GAME IS RUNNING, INFIPLAY MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY INFIPLAY AGREEMENT.
An offer of: INFIPLAY LIMITED