1.1. Using materials and services from the Website is governed by the regulations of the effective law of the Russian Federation.
1.2. This Agreement is a public offer. By accessing the materials presented on the Website, the Users are considered to opt in this Agreement.
1.3. The Administration of the Website www.elephant-games.com (the “Administration”) according to this Agreement are the employees authorized to manage the Website on behalf of E-Studio, LLC (Elephant Games – the “Company”) and organize the functioning of the Website.
1.4. Website Administration has the right to make changes to the conditions of this Agreement unilaterally at any time. These changes become effective within three (3) days since publishing the new Agreement on the Website. If the Users do not agree to the changes that were made, they must cease accessing the Website and discontinue using the materials and services from the Website.
1.5. The usage of Elephant Games’ website and service is not allowed for users under the age of 13. If the user is under the age of 13 he must stop using the services immediately and delete all the information about himself from the Elephant Games’ website and services. If the user is between the ages of 13 and 17, he represents that his legal guardian has reviewed and agreed to these Terms.
2. Obligations of Users
2.1. Users agree not to take any action that can be considered as breaking Russian or international law and regulations, including the property right, copyright and related rights, and any other actions that entail or may entail disrupting normal functioning of the Website and the Website services. Names, logos and other art, icons and service names related to Website trademarks and logos are registered trademarks or trade style of the company in the Russian Federation and abroad. Company’s trademarks and trade style can’t be used in relation to any product or service that are not in possession or control of the Company or in any other way that can cause confusion amongst the users. The compilation of all the content of the offers on the Website are the exclusive property of the Company. It is protected by the Russian law and the law of other countries.
2.2. Using the materials from the Website without the permission of the right holders is forbidden (article 1270 of the Civil Code of the Russian Federation). For authorized use of the Website materials, it is required to conclude license agreements (to receive licenses) from the Right Holders.
2.3. Citing the materials from the Website, including the protected works of authorship, requires referring to the Website (paragraph 1, section 1 of article 1274 of the Civil Code of the Russian Federation).
2.4. Comments and other Users’ notes on the Website must not conflict with the requirements of law of the Russian Federation, common decency and universal moral principles.
2.5. The Users are aware that the Website Administration bears no responsibility for their visiting and using the outer resources the links to which can be presented on the Website.
2.6. Users agree that Website Administration bears no responsibility and has no direct or indirect obligations to the Users with regard to any: probable or actual loss or damage related to any content of the Website; registered authorship rights and the information of such registration; goods or services available or obtained from outer Websites or sources or by means of other contacts of the Users that they made using the information from the Website, and; the links to the external resources.
2.7. Users accept that all the materials and services from the Website and any part thereof can be accompanied by ads. The users agree that the Website Administration bears no responsibility and no obligation with regard to these ads.
2.8. All of the software, services and content (including ads) on the Website not belonging to the Company are the «Content and services of the third parties.» Website Administration acts only as the intermediary service provider and does not accept the responsibility for the services and content of the third parties. Moreover, without limiting the generality of the foregoing, some of the offers may contain links to the Websites managed by the third parties, including advertisers and content providers. These Websites can collect and/or distribute data about users at their sole discretion. Website Administration do not control these Websites and do not bear any responsibility for their content, policy, collection and disclosure of any data that these Websites can collect.
2.9. All other trademarks not possessed by the Company and appearing on the Website are the property of their corresponding owners that can’t be related to the Company. If users do not abide by this Agreement, the owners of such content can initiate protection of the violated rights in the court of law.
2.10. If Users violate this Agreement, Website Administration reserves the right, at its sole discretion and without prior notice, to immediately cease the access to all its games and services, including to all accounts created by the Users.
3.1. Virtual items
Some objects of the Website can provide users the possibility to obtain license for different in-game items, such as virtual currency, virtual goods, additional levels and content packs («virtual items») that can be used during the game. Users may require making payments for receiving the virtual items. When Users use the virtual items in the game, the first items to be used will be the ones the Users purchased, and the ones the Users earned will be used only after using all the purchased items.
Users have no property rights in any virtual items. Any purchasing of the virtual items and the virtual items accumulated by means of any applicable privileges for the game participants are the purchases with limited, non-transferrable revocable licenses to use this virtual items inside the game from the Website. Virtual items can’t be transferred or re-sold for receiving any commercial benefit in any shape, including, without limitation, any direct sale or auction. Virtual items can’t be purchased or sold by any physical or legal entity for currency, by means of barter trade or any other transaction. Virtual items have no monetary value and can’t be used for purchasing or using the products or services different from the ones applied in the game. Virtual items can’t be returned or exchanged for currency or any other material asset.
All virtual items are unconditionally removed if in-game account of the Users is terminated or suspended for any reason and in case of game suspension or termination.
Website Administration does not bear any responsibility for hacking and loss of any of Users’ virtual items. Website Administration is not obliged to, and will not compensate the Users any virtual items lost as a result of violation of this Agreement by the Users. Website Administration reserves the right, without prior notice, to limit the number of orders of any virtual items and/or refuse to provide the Users any virtual items. Price and availability of the virtual items can be changed without prior notice.
3.2. Social networks.
If the Users obtain the access to the game via the third party social network (the «Social game»), they must be aware that Social games are available only to physical entities registered in the social network via which they have access to the Social game. Users confirm that the account information in the social network is precise, up-to-date and full.
If Website Administration has reasonable suspicions that the Users provided any information that is inaccurate, not up-to-date or not full, the Website Administration has the right to cease or terminate the possibility to use or to access the Social game and refuse any current or further use and accessing the Social game (or any part thereof).
3.3. All possible disputes resulting from this Agreement or related to it are subject to the law of the Russian Federation.
3.4. Nothing in this Agreement can be interpreted as creation agent relations, partnership relations, joint-cooperation relations, personal hire relations or any other relations between the User and the Website Administration that are not provided directly in this Agreement.
3.5. If the court declares any provision of this Agreement invalid or non-subjectable to forcible execution, such declaration does not entail declaring any of the other Agreement provisions invalid.
3.6. The omission on the part of the Website Administration in case of any violation of the Agreement provisions by any User does not deprive the Website Administration of the right to take late appropriate actions for protecting its interests and authorship rights in the materials form the Website according to the law.
The User confirms understanding all the paragraphs of this Agreement and unconditionally accepts them.