BY DOWNLOADING, COPYING ANY GAME PART AND/OR USING THEM IN A DIFFERENT WAY, AND/OR ENGAGING IN THE GAME PROCESS OF PRODUCTS ISSUED BY GEAR GAMES LIMITED, YOU HEREBY ACCEPT THE PRESENT LICENSE AGREEMENT AND INDICATE YOUR ACCEPTANCE OF ALL THE TERMS RELATED TO THE GAME WITHOUT RESTRICTION.
Version 1.0, May 2022
The provisions of the present license agreement (the "Agreement") govern relations between a natural person — licensee (the "User") when using software products ("Games") offered to you based on a nonexclusive license and a licensor Gear Games Global FZC (the "Company"). The User and the Company individually may hereinafter be referred to the "Party", and jointly to the "Parties".
The present license agreement constitutes an offer (public offer), thereby, by installing, copying, launching, registering, and/or using our Games in any legal way, the User confirms that he/she (or his/her legal representative) fully read and is consent to сomply with all the terms of the present Agreement and is liable (sanctions) for violating it.
The present Terms are applicable to Games and related services (updates and other Company's actions aimed at improving and changing Games' functionality) and govern relations between the User and the Company when using Games.
The User guarantees that he/she has the authority to conclude the present Agreement. If the User has not reached the age of majority or is legally incapable, he/she is obliged to independently get the necessary permission from his/her parents according to the required applicable legislation form, or from any other legal representatives. The usage of the Company's Games constitutes that the User has reached the age of majority, and is legally capable, or has gotten the necessary permission from his/her parents or legal representatives.
The Company reserves the right to change anytime, add new or delete the existing provisions of the Agreement by notifying the User by means of publishing the renewed Agreement on the Company's website https://geargames.org/ and/or by publishing a notification on the News section of the chat of Games. Changes of the Agreement enter into force on the day after they are published on the Company's website unless specified otherwise in the Agreement. By continuing to use Games, the User accepts all terms and conditions of the renewed Agreement.
The User undertakes to сheck the Agreement for any changes independently. The actions that have not been implemented by the User to familiarize with the Agreement cannot serve as a basis for failure to comply with the User's obligations and the User's non-compliance with restrictions imposed by the Agreement.
In the present Agreement, singular may represent plural, and plural may imply singular unless specified otherwise in the text of the Agreement's every part or clause.
1.1 Game — is a computer program that is distributed under the conditions of Free-to-play, representing the set of data, commands, and its audiovisual representations and other results of the Company's intellectual activity which are consistently activated by the User to get a certain result prescribed by the Game's scenario. The rights to use the data and commands are transmitted by the Company to the User under conditions determined by the Agreement, including for the reward.
The Game is being installed on the mobile device or any other technical device of the User, that secures the interaction of the User through data transmission and commands to the Company's servers. To ensure the rights and duties of the Parties, arising by the present Agreement, the User reproduces a set of data and commands on his/her device, which is prescribed by the scenario and the rules of the Game, whilst the set of other data and commands (including the unactivated ones), is hosted on the Company's servers.
1.2 The results of intellectual activity — a set of data and commands, all the information, and all other materials within the framework of the Game, including but not restricting with: trademarks and logos, visual interfaces, graphics, design, compilation, information, software, computer code (including source code and object code), text, articles, pictures, information, data, music, audio files, photos, titles, themes, objects, characters, character's names, lore, dialogues, key phrases, concepts, artwork, animation, audiovisual effects, working methods, documentation. Within the context of the present Agreement, the results of intellectual activity do not comprise any content, published by Users in the Game chat, in clan announcements, clan names, and their description. Users are personally responsible for publishing the mentioned information in line with applicable legislation.
1.3. License (rights) — a nonexclusive license, non-transferable, including sublicense, revocable and limited license, not subject to sublicense and other rights, except for specifically provided by the present Agreement on the terms granted by the Agreement.
1.4. User Account (account) — set of data, created by the User in the Game and owned by the Company, which is necessary and sufficient to use the Game in accordance with the present Agreement, intended to authorize and authenticate the User in the Game for the purpose of accessing the settings, accumulating and using in-Game statistics and accomplishments, activated and nonactivated data and commands, and also sharing information with the Company's servers.
1.5. Profile — an integral part of the Account, allowing the User to get access to two independent scenarios of the Game, having its own nickname, that is haphazardly generated. The User is allowed to change once the generated nickname according to his/her choice, which does not violate the terms and conditions of the Agreement and the Rules of the game. Subsequent changes of nicknames are produced by activating specific data and commands.
1.6. Authorization and authentication — is a launch of the Game on the User's device, a process of data and command sharing between the Game and the Company's servers, which allow to protect of the transmitted data and attribute it to an impersonal User identificator in the application store's services and partnership services.
1.7. Remuneration — payment of the User (or third parties in the interest of the User) of the rights to use unactivated data and commands within the limits offered to the User by the license's terms and conditions, and in the manner prescribed by the present Agreement. The amount of Remuneration is determined by the Company and depends on the type, the quantity, and the volume of unactivated data and commands, the right to use which is transferred to the User. The information on the amount of the Remuneration for various unactivated data and commands is posted in the "Shop" section of the Game and in personal offers, which might appear during the Game process.
1.8. Shop — a section of the Game with a catalog of unactivated data and commands, license to use which the User is capable of purchasing from the Company for Remuneration through making a payment with the help of relevant application stores' services or for the available data and commands that earlier were already activated by the User.
1.9. Rights for unactivated data and commands — rights provided by the present Agreement to use additional functionality, data, commands and generated by them audiovisual representations of the Game, activated by the User to get a certain result, which is prescribed by the scenario of the Game, purchased by the User after depositing a fixed Remuneration. The above-mentioned Rights also may be obtained by the User from the Company after completing in-game activities, video content watching in the Game, and in other ways in a manner laid down in section 8 of the present Agreement.
1.10. Unactivated data and commands — additional functionality of the Game, a virtual in-game currency, boosts (enhancers), tokens, skill cards, speed-ups, premium status, and other virtual in-game values, as well as combinations of them (packs), providing gaming advantages for the User, including limited by the volume or time after the purchase of the Right to use them in the Shop or by means of a special personal offer.
1.11. Partnership services — services provided by third parties and used by the Company in order to download and use the Game by the User, to improve the quality, and augment the functionality of the Game, to increase Users' loyalty and interest, to provide the opportunity of depositing a Remuneration and obtaining the rights to use unactivated data and commands, as well as to realize other legitimate interests of the Company, namely applications' stores, Xsolla and Tapjoy companies.
1.12. Applicable legislation — in the present Agreement, implies the country's legislation, on which territory the User interacts with the Game and by means of the Game with other Users.
1.13. Free-to-play — a system of monetization and a means of computer games distribution. It allows a user to play without сompulsory depositing money.
2.1. The User obtains a License (right) to use the Game in accordance with the terms and conditions mentioned in the Agreement. All rights for the Results of intellectual activity that are not expressly authorized to the User in the present Agreement belong exclusively to the Company. The User agrees and fully acknowledges the Company has exclusive rights to the localized (translated to relevant language) Game, any Results of intellectual activity, and other constituent parts of the Game if otherwise is not explicitly mentioned in the Agreement, on the Game's website, or in the Game itself.
2.2. The present Agreement does not include and permit any transfer of exclusive rights or exclusive license issuance for any Results of intellectual activity and other constituent parts of the Game from the Company to the User, transfer of rights to use the Game to the User, including all materials, made by the User during the Game usage, as well as gaming process records and streams, except for the User's messages in the Game chat.
2.3. By means of software-hardware means and solutions, the Company provides the opportunity to the User to spend time in the Game, interact with other Users, communicate and play with them, create standalone communities, but not to set the purpose of organizing sports competitions or educational programs, and does not provide the opportunity to the User to gain any benefit from using the Game.
2.4. The User obtains an unexclusive right to use the Account created for him/her and related Profiles. The use of the Account by the User does not lead to the transfer of ownership of the Account and Profiles; they are the Company's ownership.
2.5. The User is given the opportunity to use the Game exclusively for personal, noncommercial purposes without changing and transmitting the Game's content to third parties. The User understands, accepts, and agrees that whatever elements of the Game are a constituent part of the Game as a program for a computer and are protected by copyright. Despite the User is granted the right to accumulate and use data and commands on the Profile, the use and the development of the Profile is not and can't be regarded under any circumstances as the transfer of an exclusive right in regards to the Profile from the Company to the User. Such a managing and developing of the Profile is also not and can't be regarded as the User's authorship in regards to the Profile and/or co-authorship of the User and the Company in regards to the Profile.
2.6. All technical and audiovisual data created by the User as a result of the Game usage, including screen recording, organizing broadcasts with the help of streaming of audio and video files (streams), and other information in whatever form belongs to the Company and can be utilized by the Company at its discretion without obtaining the User's approval. With the Company's consent, it's permitted to use the Game's contents for reproduction or public demonstration on third-party resources. The mentioned approval can be obtained by the User in whatever form permitting to unequivocally identify him/her afterward.
2.7. Any User's actions in the Game must not contradict the applicable legislation of the country under whose jurisdiction he/she is and/or resident of which the User is.
2.8. The User is responsible for his/her interaction with other Users of the Game, herewith the Company reserves the right, but does not pledge, to be involved in this interaction in order to improve the quality of the game and for other purposes that are in the interests of the Parties.
2.9. The User independently provides himself/herself with technical devices for accessing the Game, bears the costs related to the organization and use of the global Internet, application stores, and platforms, and also independently pays any additional taxes and fees connected with such access.
2.10. The Company is not responsible for the correct and uninterrupted operation of the Games on devices that do not meet the technical requirements for the operation of the Games. Detailed information is posted in the FAQ section (https://aow3.geargames.org/faq.php?l=en).
3.1. To install the Game for free on devices that meet the required technical characteristics.
3.2. To use the Game in the ways described in the present Agreement on the territory of the countries in which the Game is available through application stores.
3.4. Terminate the present Agreement by uninstalling the Game at any given moment at the User's discretion. Uninstalling the Game or resetting the Account entails the deletion of the entire achieved progress of the User's profiles.
4.1. The User agrees to use the Game only for the purposes permitted by the present Agreement, undertakes to comply with the terms of the present Agreement, the rules, and requirements of the Partnership services, and not to engage in the following types of activities prohibited in the Game, including but not limited to:
4.2. Users are recommended to refrain from the misuse of modes of communication available in the Game, including but not limited to:
4.3. The Company reserves the right to give an assessment of the use of modes of communication in the Game and will take reasonable measures to remove any information that, according to the Company's opinion, is undesirable and may violate applicable legislation, the terms of the present Agreement and/or the rights of Users.
4.4. The User is fully responsible for his/her messages sent to the chat and/or other Users, as well as for messages published in clan announcements, for information in the names of clans and their description.
4.5. The User is not entitled to use certain elements of the Game and/or the Company's Results of intellectual activity outside the Game without the written consent of the Company, except for the means prescribed by the present Agreement.
5.1. To independently take measures to ensure the safety of the Account, prevent access to it by third parties.
5.2. To comply with the recommendations received in person (via the Support Team Chat) or in a general way (via the NEWS section) upon request of the Support Team.
5.3. To provide the information requested by the Company about the details of payments made earlier and other information in order to control the User's compliance with the terms of the present Agreement within a period of not more than 3 (three) days.
5.4. To immediately inform the Company about the violation by other Users of the terms and conditions of the present Agreement or identified in-Game technical errors that allow the User to gain gaming advantages any way the User can.
5.5. To visit the NEWS chat section in the Game regularly, but at least 1 (one) time a week, in order to become acquainted with information about changes in the Game functioning, the content of the Agreement, the rules of providing services by Partnership services, and if it is impossible to authorize in the Game, take all measures to consult with equivalent information posted in the official Facebook group.
5.6. To immediately notify the Company by any available means when the User receives offers from third parties regarding the possibility of obtaining rights to use nonactivated data and commands and/or obtaining other benefits unauthorized by the Company and when the User detects advertisements and offers on the Internet regarding this matter.
5.7. To independently become acquainted and follow the rules and requirements of the Partnership services.
6.1. To provide the User with the opportunity to download and install the current version of the Game free of charge and make it possible to use the Game on the terms and conditions mentioned in the present Agreement.
6.2. To provide the User with the opportunity to become familiar with the current text of the Agreement, taking into account the technical capabilities of the Game. The current text of the Agreement is posted at the link: http://geargames.org/eula/?l=en.
6.3. To provide the User with the opportunity to receive guidance on the Game's functioning and the Rules of conduct, taking into account the requirements of section 4 of the Agreement.
6.4. Within 10 working days, carry out a set of technical activities to process information about the purchase made by the User of the Right to use nonactivated commands and bring information to the User if such processing is impossible in automatic (information window) or manual (via the Support Team Chat) mode.
7.1. If violations of the terms of the present Agreement are detected, causing harm to the Company, other Users, and/or the game process, the Company has the right to:
7.2. In order to improve the quality of the game and for other purposes that are in the interests of the Parties, the Company, without prior notice, may unilaterally make changes to the Game's functioning, expand or limit, as well as otherwise modify the Game or any of its elements.
7.4. The Company at any time may suspend, limit, and/or terminate the present Agreement in full concerning the use of the Game for an individual User or all Users in general. Information about such suspension/termination will be published on the official website of the Company.
8.1. The exclusive right to distribute and use the Game and any of its elements belongs to the Company, as well as to the Partnership services in certain cases. Consequently, no proposals from other persons to grant the right to use nonactivated data and commands can not be regarded by the User as proposals emanating from the Company or Partnership services. If the Company finds that the User gets the opportunity to use nonactivated data and commands from third parties, the Company has the right, at its discretion, either to suspend or limit the present Agreement.
8.2. The User agrees, understands, and accepts the fact that the Game is not gambling, playing for money, sweepstakes, a contest, or a bet. Acquisition of the right to use nonactivated data and commands is the expression of his/her own will and is not a necessary or indispensable condition to use the Game. The right to use the core content is provided to the User on a Free-to-play basis, gratis.
8.3. The User guarantees the Company that he has the right to use the funds to pay the Remuneration for the right to use nonactivated data and commands, without violating the applicable legislation and the rights of third parties. The Company is not responsible for possible damage to third parties and/or other Users caused as a result of the use by the User of means of payment that do not belong to him/her.
8.4. The User independently and at his/her own expense bears all costs regarding the payment of the Remuneration for the right to use nonactivated data and commands, including various fees and bank commissions, payment systems operators, and application stores.
8.5. The User for the Remuneration obtains the rights to use Nonactivated data and commands for 185 calendar days, except for cases when the period is not directly indicated in the Shop or a personal offer. If the User did not use the Game and, for the specified reason, did not exercise his right to Nonactivated data and commands within the specified period, the Company has the right to deprive the User of the rights to use all Nonactivated data and commands available to him/her.
8.6. The amount of the Remuneration can be changed by the Company at any time without prior notice to the User.
8.7. The User's rights to Nonactivated data and commands cannot be sold, transferred, or exchanged for financial resources, disposed of, used as collateral, or other encumbrance. The transfer of the Right to Nonactivated data and commands between Users is prohibited, except for cases when this is expressly permitted in the Game or a personal offer.
8.8. The Company is not responsible for the illegal actions of the User when paying the Remuneration to obtain the right to use nonactivated data and commands. The Company reserves the right to unilaterally block the possibility of using nonactivated data and commands and/or suspend the License to the Game if there are well-founded suspicions that the User has committed illegal actions before the ascertainment of the facts. If the Company has grounds to believe that the User commits or has previously committed unlawful acts regarding the payment of a Remuneration to obtain the right to use nonactivated data and commands, the Company has the right to transfer the relevant information to law enforcement to conduct the review.
8.9. In the event of disputable or incomprehensible situations for the User, related to the payment of a Remuneration for the right to use nonactivated data and commands, or the exercise by the User of the specified rights, the User notifies the Company about it in any convenient way.
9.1. By using the Game, acquiring the Rights to use Nonactivated data and commands for a Remuneration, the User understands and agrees that the User's access to the Game may be terminated following the present Agreement and/or the Game may be terminated at any time for any reason and that such events do not give the User the right to get a refund of financial resources spent as a Remuneration to obtain the Right to use nonactivated data and commands. The Company does not refund any financial resources to the User and does not reimburse anything, including any loss whatsoever and howsoever arising.
9.2. Nonactivated data and commands are not a means of payment and have no monetary value outside the Game, and cannot be converted back into monetary resources. The Remuneration paid by the user to obtain the Right to use nonactivated data and commands cannot be returned or exchanged.
9.3. When the Remuneration is paid, and the User obtains the right to use Nonactivated data and commands, the Company's commitments are considered fully implemented, regardless of whether the User has used this right or not.
9.4. In the case that the User, in violation of the present Agreement, disbursed to third parties to obtain the right to use nonactivated data and commands, the User's claims to the Company regarding the User's absence of these rights are not accepted.
9.5. The refund rules of Partnership services are governed by their internal rules and policies, and the User independently becomes acquainted with the specified information.
10.1. The user is fully aware of the fact that the Company provides the Game "AS IS", and there is no additional way of ensuring the use of it, other than those which are expressly listed in the present Agreement. Thus, the Company cannot guarantee that:
10.2. The Company is not responsible for the actions of third parties, for example, advice and recommendations for using the Game on third-party information resources.
10.3. The Company does not bear the responsibility prescribed by the relevant legislation for the User's posting of information that is forbidden by law in the Game chat.
10.4. The Company carries out any reasonable effort, including through the use of technical means and algorithms, so that forbidden by law and/or offensive messages (information in another form) do not appear anywhere in the Game, including in the Game chats and/or are deleted when detected. In all cases, the User who posted it is responsible for the publishing of this information.
10.5. The Company prohibits and is not responsible for the consequences of the actions of Users who use the Game as sweepstakes, for betting, and other means of achieving material or other benefits. If these actions are detected, the Accounts of such Users will be deleted permanently.
10.6. The User understands, accepts, and agrees that the Game may incorporate various sound and/or video effects that, under certain circumstances, may cause an aggravation of conditions in persons prone to epileptic or other nervous disorders, and the User guarantees that he does not suffer these disorders, or undertakes not to use the Game.
10.7. The User accepts and agrees that regular long-term and continuous presence in front of the screen of a mobile phone, personal computer, or other technical means of reproducing the Game can cause various complications of the physical condition, including impaired sight, scoliosis, various forms of neuroses and other negative effects on the body. The User guarantees that he will use the Game exclusively for a reasonable time, with breaks for rest or other measures to prevent physical condition, if such are recommended or prescribed to the User.
10.8. The User understands and accepts the text of the present Agreement, has no delusions, and recognizes that in case of violations of any clause of the present Agreement, the Company has the right to impose sanctions prescribed by the Agreement, and the User has no right to object to the application of such sanctions.
10.9. The User is personally responsible for the safety of personal identifiсators for authorization and authentication. In case of loss of the specified identificators for any reason, the Company has the right to refuse the User to restore the data of the User's Account.
10.10. The Company exempts from liability for full or partial failure to fulfill obligations under the present Agreement if such failure is the result of irresistible force (force majeure), including civil unrest, embargoes, acts of civil or military authorities, other prohibitive actions of the authorities, natural calamities, fires or catastrophe, disruptions to infrastructure.
10.11. Under any circumstances, the Company's liability to the User is limited to the amount of 10 (ten) US dollar, unless otherwise expressly provided by applicable legislation.
11.1. The present Agreement shall enter into force upon acceptance of its terms by the User and is valid for 12 (twelve) months. The Agreement is extended for each subsequent 1 (one) year, if before the expiration of the specified term of the Agreement:
11.2. Unless otherwise expressly provided by applicable legislation, the Company has the right at any time without prior notification of the User and without explanation of the reasons to terminate the present Agreement unilaterally and out of the judicial system and without the reimbursement of any costs, losses or refunding received under the Agreement, including in the case of:
11.3. The User has the right to terminate the present Agreement unilaterally and out of the judicial system anytime without notifying the Company and without giving any reason by removing the Game from the device.
12.1. The present Agreement and the relationship between the Parties in conjunction with the present Agreement and the use of the Game are governed by the laws of the United Arab Emirates.
12.2. The invalidity of one or several provisions of the Agreement, recognized in an established procedure by a judicial decision that has entered into force, does not entail the invalidity of the agreement as a whole for the Parties. If one or several provisions of the Agreement are recognized as invalid in an established procedure, the Parties undertake to fulfill their obligations under the Agreement as close as possible to those implied by the Parties when concluding and/or agreeing to amend the Agreement in a manner.
12.3. All disputes between the Parties under the present Agreement shall be resolved through correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the Parties through negotiations within 60 (sixty) calendar days from the date the other Party receives a written claim, consideration of the dispute must be referred by any interested Party to a court of general jurisdiction at the location of the Company (UAQ FTZ).
12.5. If the User has any more questions or claims regarding the Company's implementation of obligations under the present Agreement, then to obtain information or resolve differences, the User can contact the Support Team service in the Game in the Chat - Support section, email to email@example.com, send a written request to the address of the Company's location: Office 207, Second Floor, One UAQ Building, Umm Al Quwain, United Arab Emirates (U.A.E.), PO Box 7072, Gear Games Global FZC.