End User License Agreement

 

Please carefully read this license agreement with the end user of the Warspear Online program before using this program. By opening this program, installing and / or using it, you accept the terms of this license agreement with TITULUM ENTERPRISES LIMITED.

1. General provisions:

1.1. This license agreement (hereinafter referred to as the «Agreement») regulates the relations between TITULUM ENTERPRISES LIMITED (Reg. number: HE233619 and whose registered office is at Kolokotroni, 6, Floor 1, Room/Office 6, 1101, Nicosia, Cyprus) (hereinafter referred to as the «Licensor») and an individual who has the necessary legal capacity to enter into this Agreement and who has duly joined this Agreement for using the program Warspear Online, posted on the Internet on the following website: https://warspear-online.com (hereinafter referred to as «Licensee» ), and also available for download through the mobile application stores - Google Play, the App Store and any other stores at the discretion of the Licensor.

1.2. The Warspear Online program posted on the Internet on the https://warspear-online.com website or available for download via mobile application stores - Google Play, the App Store and any others at the discretion of the Licensor (hereinafter referred to as the «Game») is a computer online game that is a computer program, which is a collection of data, commands and audiovisual representations generated by it (hereinafter referred to as the «Program Elements»), activated sequentially to obtain a certain result by the Licensee, provided for by the logic of the Game, without making a payment (hereinafter referred to as the «Activated Program Elements») or after making a payment (hereinafter referred to as the «Non-activated Program Elements»).

The Licensee reproduces the set of Program Elements predetermined by the Licensor on its computer (hereinafter referred to as the «Game Client»), whereas the totality of other Program Elements (including the Non-Activated Program Elements) is placed by the Licensor on the servers used by the Licensor.

The Game Client may be distributed by the Licensor and / or their authorized persons or entities both via the Internet and tangible media.

The Game Client distributed on the Internet is provided to the Licensee free of charge, with the right to reproduce, unless otherwise provided by this Agreement.

Copies of the Game Client distributed on tangible media may be provided to the Licensee for a fee.

1.3. This Agreement is an open and public document.

The current version of the Agreement is located on the Internet on the https://warspear-online.com/user-licence-agreement website.

The terms of this Agreement are a public offer in accordance with Art. 437 of the Civil Code of the Republic of Cyprus.

1.4. Registration of the Licensee in the Game is made by means of automatic issuance to the Licensee of a login and a password to create an account (hereinafter referred to as the «Profile») and represents unconditional acceptance and confirmation by the Licensee of the terms of this Agreement; the actual use of the Game is also an acceptance of this Agreement.

The Licensee has the right to change the automatically generated login and password of their Profile, as well as to add their personal information to the Profile.

Claiming ignorance, not knowing the terms of the Agreement, does not absolve the Licensee from liability for failure to comply with its terms.

1.5. By accepting the terms of this Agreement, the Licensee acknowledges their consent to processing by the Licensor of their personal and other data provided by the Licensee to the Licensor or necessary to use the Game in accordance with the Privacy Policy.

1.6. By agreeing to the terms of this Agreement, the Licensee confirms their legal capacity (or in cases permitted by the legislation of the Republic of Cyprus, the fact that Licensee has the permission of legal representatives to conclude this Agreement), confirms the reliability of their personal and other data provided to the Licensor during Profile registration and when using the Game, and assumes all responsibility for their accuracy, completeness and reliability.

The Licensee assumes all the risks associated with their actions related to errors and inaccuracies in terms of provided data.

2. License Grant.

2.1. Under this Agreement, the Licensor grants to the Licensee the right to use the Game under the conditions of a simple non-exclusive license within the limits determined by this Agreement, and solely for personal non-commercial use.

2.2. The Licensee shall be entitled to use the Activated and Non-Activated Program Elements under the terms of this Agreement.

The rights to the Non-Activated Program Elements purchased by the Licensee for a fee (hereinafter referred to as the «Royalties») allow for increasing the number of in-game elements in the Game, including the game currency «Miracle Coins».

Payment of the Royalties is not a prerequisite for the Licensee's participation in the Game and is performed solely at the option of the Licensee.

2.3. The right to use the Non-Activated Program Elements is provided by the Licensor to the Licensee for the payment of the Royalties on the terms of a simple non-exclusive license solely at the discretion of the Licensee.

The amount of the Royalties is determined by the Licensor, and depends on the volume of the Non-Activated Program Elements, the right to use of which is granted to the Licensee.

Matching the volume of the Royalties to the amount of game currency in the form of «Miracle Coins» is determined by the Licensor independently.

Matching of the volume of the Non-Activated Program Elements to the amount of game currency in the form of «Miracle Coins» is determined by the Licensor independently.

2.4. The Licensee obtains the rights to use the Non-Activated Program Elements after submitting the amount of the Royalties stipulated by the Agreement and after the Licensor reflects the game currency in the form of «Miracle Coins» on the Licensee's personal account in the Game.

The Licensor's obligation to grant the Licensee the right to use the Non-Activated Program Elements is deemed to be performed by the Licensor at the time they reflect the game currency in the form of «Miracle Coins» on the Licensee's personal account in the Game.

Prior to obtaining confirmation of the payment of the Royalties, the Licensor may not grant the Licensee the right to use the Non-Activated Program Elements.

2.5. The right to use the Non-Activated Program Elements is granted to the Licensee for the term of this Agreement, if such right is not terminated earlier, including in connection with implementation of the logic of the Game.

2.6. The Royalties payment is carried out by the Licensee on the basis of the price list located in the «Buy Miracle Coins» section.

The amount of the Royalties can be changed by the Licensor unilaterally at any time without submitting a prior notice to the Licensee.

When using the Game, the Licensor has the right not to allow the Licensee to use the rights, including the right to use the Non-Activated Program Elements, for any reason, and this does not give the Licensee the right to require that the Licensor refunded the Royalty amount previously paid, unless otherwise expressly provided by the applicable law of the Republic of Cyprus.

2.7. The Licensor automatically creates the Licensee's personal account, which is linked directly to the Licensee's Profile.

The methods and conditions for paying the Royalties are published by the Licensor on the Internet at https://warspear-online.com/payments.

The Licensor is not responsible for the Licensee's compliance with the terms of payment and the requirements of payment systems.

The Licensee is obliged to keep the documents confirming the payment of the Royalties during the entire period of use of the Game by the Licensee and, upon the request of the Licensor, to provide such documents to them.

2.8. The Licensee shall bear all costs associated with the transfer of funds to the Licensor independently and at their own expense, including various fees and commissions of banks and payment system operators.

2.9. The Licensor specifically stipulates that Royalties may not be paid in installments using several payment methods at the same time.

3. Property rights.

3.1. All intellectual property rights associated with the Game and all its parts and copies (including any names, computer code, art work, objects, characters, character names, stories, dialogues, items that the characters own, the design of the terrain and buildings, animations, musical themes, sound and visual effects, story lines, appearance of characters, methods of work and relevant documentation) belong to the Licensor.

3.2. The Licensor reserves the right to modify or delete the above intellectual property components without notifying the Licensee.

4. Terms of use of the Game by the Licensee.

4.1. The Licensee shall have the right to:

4.1.1. reproduce the Game Client by installing it on a computer with the operating systems that are officially supported by the Game, solely for the purpose of participating in the Game; information on supported operating systems is available on the «Download» page;

4.1.2. use the Activated Program Elements to achieve the result determined by the Game logic;

4.1.3. activate the Non-Activated Program Elements after payment of the Royalties to the Licensor and use them, including to achieve the result determined by the Game logics faster than when using only the Activated Program Elements;

4.1.4. create no more than 2 (two) Profiles and game characters in the amount stipulated by the technical capabilities of the Game;

4.1.5. perform the actions provided by the logic of the Game and its technical capabilities: manage game objects (game characters), exchange game items, exchange messages with other users of the Game.

4.2. The Licensee may not:

4.2.1. distribute the Game Client or copies thereof in any way, and also provide the Game to third parties in the form of a pledge;

4.2.2. use and distribute outside the Game, for commercial purposes, audiovisual representations and other elements present in the Game, and also copy, transmit, broadcast, publish, and otherwise distribute and reproduce for commercial purposes, the materials contained in the Game;

4.2.3. distribute and transmit for commercial purposes to any third party the right to use the Non-Activated Program Elements, characters and other elements, unless expressly permitted by the terms of this Agreement;

4.2.4. transfer the rights to use the Game to third parties under a sub-license agreement or otherwise;

4.2.5. use automated scripts to collect information or other kinds of interaction with the objects of the Game;

4.2.6. subject the Game to engineering analysis, extract the source code, modify, disassemble, decompile the Game, translate the Game into other languages or create derivative products based on the Game;

4.2.7. remove labels or signs indicating ownership of the Game;

4.2.8. create or maintain an unlawful connection to the Game servers, and also intercept, emulate or redirect the communication protocols used by the Licensor within the Game in any manner, including emulation protocols tunneling, intercepting packets, modifying or adding Game components, using utilities, as well as any other means;

4.2.9. organize, promote and take part in any attacks on Licensor's servers, as well as make other attempts to interfere with their work;

4.2.10. use someone else's Profile, and modify the data of another user’s Profile;

4.2.11. use any in-game bugs or software errors in the Game, as well as errors of payment systems when Royalties payments are submitted;

4.2.12. run more than one copy of the Game on one device;

4.2.13. use the Game in ways that are not expressly set forth in this Agreement.

4.3. The Licensee may use the Game on the entire territory of the European Union, as well as other territories where it is available for normal gameplay.

4.4. The Game and parts thereof are the intellectual property of the Licensor and are protected by the intellectual property laws of the Republic of Cyprus, as well as relevant international legal conventions.

Any use of the Game or parts thereof without permission of the Licensor is illegal and could lead to court proceedings and to bring offenders to civil, administrative or criminal liability in accordance with the legislation of the Republic of Cyprus.

5. Licensee Rights and Responsibilities.

5.1. The Licensee undertakes to properly comply with the terms of this Agreement and the applicable laws of the Republic of Cyprus, as well as the rights and legitimate interests of the Licensor.

5.2. The Licensee shall not use the Game or any of its parts for any other purposes, except for purposes related to personal non-commercial use.

5.3. The Licensee is obliged to refrain from carrying out actions aimed at destabilizing the work of the Game, attempting unauthorized access to the Game, its parts and code, as well as from carrying out any other actions that violate the rights of the Licensor or third parties.

5.4. The Licensee agrees not to attempt to disable, or otherwise interfere with any technical means of protecting the Game.

5.5. The Licensee agrees not to attempt to alter or modify any part of the Game.

5.6. The Licensee agrees not to mislead other users of the Game and third parties.

5.7. The Licensee undertakes, without written approval from the Licensor, not to enter into transactions or offer to enter into transactions with other users of the Game in relation to any goods, works, services or results of intellectual activity, use the Game to distribute advertising and promotional materials.

5.8. The Licensee agrees not to use the Game in violation of the rights and legitimate interests of third parties and the legislation of the Republic of Cyprus, including:

5.8.1. not to display materials that contain insults, slander, profanity, pornographic or otherwise contrary to morality materials, materials, demonstrating or promoting cruelty, terror or violence, offending human dignity, as well as other materials that do not comply with the legislation of the Republic of Cyprus or reference to Internet websites and other resources containing such materials;

5.8.2. not to post through the Game any information and materials that contain threats, discredit or offend other users of the Game or third parties, that are fraudulent, infringe on personal or public interests, promote racial, religious, ethnic hatred or enmity, as well as any other information, violating the human rights and citizenship rights protected by the legislation of the Republic of Cyprus;

5.8.3. not to implement through the Game, propaganda or agitation that incites social, racial, national or religious hatred and enmity, hatred of persons of non-standard sexual orientation, propaganda of war, social, racial, national, religious or linguistic superiority;

5.8.4. not to describe or promote criminal activity, posting instructions on or guides to committing criminal acts;

5.8.5. not to post or transmit through the Game any restricted information (confidential information) if the Licensee is not authorized to perform these actions;

5.8.6. not to use the Game to distribute spam, chain messages (messages requiring their transfer to one or more users), pyramid schemes or appeals to participate in them, as well as any other intrusive information;

5.8.7. not to use the Game to post messages, graphics, pictures or other materials, posting of which causes or may cause harm to the honor, dignity and business reputation of any person or entity;

5.8.8. not to use the Game to post and not to collect personal data, including home addresses, telephone numbers, e-mail addresses, passport details and other personal information of other users of the Game or other people without their prior consent;

5.8.9. not to post through the Game results of intellectual activity, the rights to use of which are not available to the Licensee in this way.

5.9. The Licensee is responsible for actions in connection with creation and posting of messages and comments when using the Game in accordance with the current legislation of the Republic of Cyprus.

The Licensee is responsible for the content of their messages and comments in the Game.

The content of messages and comments in the Game is governed by the rules of communication in the Game, which are posted on the «Rules of conduct in Warspear Online» page.

5.10. The Licensee shall take appropriate measures to ensure the safety of their Profile password and be personally responsible for its safety and confidentiality.

The Licensee is responsible for all activity performed using their Profile.

The Licensee shall notify the Licensor of any third party access to the Profile of the Licensee.

The Licensee shall not transfer, assign, sell, or transfer for further use the Profile password to any third party without a written consent of the Licensor.

The Licensee is solely responsible for all activities conducted using their Profile, as well as for any consequences that could result or have resulted from such use.

5.11. When registering for the Game, the Licensee undertakes to provide exact, correct, accurate and up-to-date information about themselves.

In the event of a change in the data provided during registration in the Game, the Licensee agrees to notify the Licensor thereof as quickly as possible.

5.12. The Licensee undertakes not to use the Game in ways not provided for in this Agreement.

6. Rights and obligations of Licensor.

6.1. The Licensor shall ensure that the Licensee can use the Game rights granted in accordance with this Agreement.

6.2. The Licensor will provide the Licensee the right to use the Activated Program Elements on a pro bono basis, unless otherwise provided in this Agreement.

The Licensor will provide the Licensee with the right to use Non-Activated Program Elements in exchange for the Royalties.

6.3. The Licensor may at any time, unilaterally and without submitting a prior notice to the Licensee, restrict, extend or modify the content of the Game, as well as pause the Game.

The Licensor may update the Game Client; in this case, in order to continue using the Game, the Licensee must download a new updated version of the Game Client.

6.4. The Licensor may impose any restrictions for the use of the Game by the Licensee.

6.5. The Licensor reserves the right to refuse to grant the Licensee the right to use the Game without explaining the reasons, and at any time to suspend, restrict or terminate this Agreement unilaterally.

6.6. The Licensor may immediately block the Licensee from using the granted rights to the Game if Licensee violates the terms of this Agreement or if the Licensor finds the Licensee's actions fraudulent or aimed at ruining the Game, undermining the Licensor's reputation or brand.

The Royalties paid by the Licensee for granting the rights to use the Non-Activated Program Elements, in this case, are not refundable.

6.7. The Licensor will make every effort to ensure that the Licensee can use the granted rights to the Game around the clock daily.

However, the Licensor reserves the right to temporarily suspend the possibility of using the Game for maintenance, testing or other production work.

6.8. The Licensor may send in any way organizational and technical information, information about the functioning of the Game, as well as place advertising, information and other messages within the Game or send them to the e-mail address or telephone number specified by the Licensee, and the Licensee, by accepting the terms of this Agreement, confirms that they agree with the above.

The Licensor has the right to place advertising and / or other information in any section of the Game, to interrupt the Game with advertising information, to which the Licensee provides consent in this Agreement.

6.9. The Licensor does not pre-moderate or censor the messages and comments of the Licensee.

In this case, the Licensor may edit or delete materials published by the Licensee if they do not comply with the requirements of the current legislation of the Republic of Cyprus and the terms of this Agreement, harm the Licensor or third parties.

6.10. The Licensor is entitled to process the Licensee's personal data and transfer them to third parties for execution of the present Agreement and to settle claims arising from execution of the present Agreement.

6.11. The Licensor will be entitled to assign their rights and duties under this Agreement to third parties for execution of this Agreement without an additional consent of the Licensee.

7. Guarantees and responsibility.

7.1. The Game and the rights to use it are transferred «as is».

7.2. For performance of this Agreement, the Licensor may commission third parties.

The Licensee acknowledges that the specified third parties shall be granted the same rights as the Licensor, including in respect of personal data of the Licensee.

7.3. The Licensee warrants that they will not undertake any action aimed at causing damage to the Licensor or to other persons.

7.4. In case of violation of the rules for using the Game specified in this Agreement, as well as in case of violation of clause 7.3. of this Agreement, the Licensee undertakes to reimburse the Licensor for the harm caused by such acts.

If any third party files a claim against the Licensor relating to use of the Game by the Licensee, the Licensee shall undertake to resolve these claims on their own and at their own expense in order to settle these claims with third parties, thus protecting the Licensor from possible losses and proceedings.

7.5. Recognizing the international nature of the Internet, the Licensee assumes responsibility for compliance with all local rules and laws relating to the Licensee's activities on the Internet.

7.6. The Licensor is not liable for adverse effects or damages caused by events and circumstances beyond their competence, as well as for possible illegal acts of the Licensee or any third party.

The Licensor shall not be liable in the event of failure to fulfill obligations due to unreliability, failure or delay in providing information and documents by the Licensee, or a violation by the Licensee of the terms of this Agreement or requirements for provided information and documents.

7.7. The Licensee understands and agrees that the Licensor shall not be liable for any materials that were posted not by the Licensor, including but not limited to: texts and comments, images, and any other information posted by third parties.

7.8. The Licensor shall not be liable for any damage to computers of the Licensee or other person's computers, including any other equipment or software, caused or associated with the use of the Game.

7.9. Under no circumstances shall the Licensor be liable to the Licensee or any third parties for any consequential damages, including lost profits or lost data, damage to honor, dignity or business reputation caused by the use of the Game.

7.10. The Licensor shall not be liable to the Licensee or any third party for:

7.10.1. the Licensee's actions in the Game;

7.10.2. content and validity, reliability of the information used / obtained by the Licensee in the Game;

7.10.3. quality of the goods / works / services purchased by the Licensee after viewing advertising messages (banners, commercials, etc.) posted in the Game and their possible inconsistency with the generally accepted standards or expectations of the Licensee;

7.10.4. for the consequences of using the information used / obtained by the Licensee in the Game;

7.10.5. for impossibility of using the Game or any of its parts due to the lack of access to the Internet for the Licensee;

7.10.6. for failure to transfer the Royalties to the Licensor for reasons beyond the control of the Licensor, including, but not limited to: software failures and equipment failure of banks, telecom operators, payment systems, and other intermediaries that ensure receipt of payments from the Licensee and their transfer to the Licensor.

7.11. The Licensor does not reimburse the Licensee for the costs associated with payment by Licensee of the Royalties, including in the event of suspension or termination of this Agreement or the granted rights to use the Game for any reason, unless otherwise expressly provided for by the law of the Republic of Cyprus.

7.12. The Licensor does not warrant that:

7.12.1 the Game will meet the expectations of the Licensee;

7.12.2. usage of the Game will be uninterrupted, fast, without technical glitches and errors;

7.12.3 the Game will be available and can be used 24 hours a day, at a particular time or for any period of time.

7.13. The Licensor is not obliged to provide the Licensee with any evidence, documents and other evidence that the Licensee violated the terms of the Agreement, as a result of which the operation of this Agreement was suspended or terminated.

8. Technical requirements for the computers of the Licensee.

8.1. The Game is designed to interact only with official, licensed and unmodified software.

8.2. The Licensee acknowledges and agrees that the Licensor does not provide the Licensee with communications services and is not responsible for malfunction of the equipment and communications networks belonging to third parties and used to provide communication services to the Licensee.

8.3. The Licensee acknowledges and agrees that the speed of access to the Game over the Internet may change due to the traffic volume of the Licensee's channel from other resources or for other reasons beyond the Licensor's control.

The Licensor is not responsible for the fact that at a particular time, in a particular place, the Licensee was unable to use the Game or its parts due to the low access speed.

9. Links to third-party websites.

9.1. The Game may contain links or provide access to other websites on the Internet (third-party websites) and content located on these websites, which is the result of intellectual activity of third parties and protected in accordance with the laws of the Republic of Cyprus.

The specified websites and content placed on them are not checked by the Licensor for compliance with the requirements of the legislation of the Republic of Cyprus, as well as other countries’ legislation.

9.2. The Licensor is not responsible for any information or content contained on third-party websites, to which the Licensee gains access, including, but not limited to, any opinions or statements expressed by third-party websites.

9.3. The Licensee confirms when the Licensee uses a link to be redirected to a third-party website, the relationship between the Licensor and the Licensee is terminated, this Agreement no longer covers the Licensee, and the Licensor is not responsible for accuracy of the information placed on the websites of third parties, use of the content by the Licensee, legality of such use and quality of content posted on third-party websites.

10. Term and termination of the Agreement.

10.1. This Agreement shall enter into force upon its acceptance by the Licensee and is valid for 1 (one) calendar year.

The validity of this Agreement is automatically extended each time for another 1 (one) calendar year, if it has not been terminated or canceled before the expiration of its validity term.

10.2. The Licensor may, at any time, without submitting a prior notification to the Licensee and without giving any reasons, terminate this Agreement without compensation for any damages, unless otherwise expressly provided by applicable law of the Republic of Cyprus.

The Licensor reserves the right, at its sole discretion, and upon receipt of information from any third parties about the fact of violation by the Licensee of the rules and conditions set forth in this Agreement or the rights and interests of third parties, to suspend, restrict or terminate (for a period of time or permanently) the Licensee's right to use the Game at any time for any reason or without a reason, with or without prior notice, without being responsible for any harm that may be caused to the Licensee by such actions.

10.3. In the event of termination of the Agreement for any reason, the Licensee's Profile is blocked, and the granted license to use the Game and all its parts is withdrawn.

10.4. The Licensee may terminate this Agreement at any time by removing the Game Client and all components of the Game downloaded on Licensee’s devices.

11. Amendments to the Agreement.

11.1. The Licensor may at any time, at their sole discretion, amend and supplement this Agreement.

The Licensor shall notify the Licensee about amending or supplementing the Agreement, using any available method, including, but not limited to: publication on the Internet at https://warspear-online.com/user-licence-agreement, posting a message in the Game.

At the same time, continued use of the Game after making changes or additions to this Agreement means that the Licensee gave their consent to such changes or additions, in connection with which the Licensee undertakes to regularly monitor the changes in the Agreement posted on the Internet at https://warspear-online.com/user-licence-agreement.

12. Miscellaneous.

12.1. This Agreement is drawn up in accordance with the legislation of the Republic of Cyprus.

Issues not regulated by this Agreement shall be settled in accordance with the legislation of the Republic of Cyprus.

12.2. In the event of any dispute or disagreement arising out of implementation of this Agreement, the Licensor and the Licensee shall endeavor to resolve them by negotiating between themselves.

In the event that disputes are not resolved through negotiation, disputes shall be resolved in a court of general jurisdiction at the location of the Licensor, unless otherwise provided by the current legislation of the Republic of Cyprus.

12.3. If a court or other legal authority deems any paragraph of this Agreement to be invalid, the remainder of the Agreement shall remain in full force and effect.

12.4. The present Agreement replaces all prior verbal or written agreements concluded between the Licensor and the Licensee.

12.5. Appeals, proposals and claims of individuals and legal entities to the Licensor relating to the content and functioning of the Game, violations of the rights and interests of third parties, requirements of the legislation of the Republic of Cyprus, as well as for requests of persons authorized by the legislation of the Republic of Cyprus can be sent to the following e-mail address: [email protected].