Terms of Service
1. Subject Matter
1.1 The governing agreement
If you access the Services through a third-party platform like Apple, Google, Amazon and/or from Social Networking Site (“SNS”) such as Facebook, Google+ etc., you are obliged to comply with the third parties’ terms and conditions as well as these Terms of Services.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1.3. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Elephant Games policies, Elephant Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
Furthermore You agree that you will not, under any circumstances:
In any way the aforesaid shedule of misconducts is not exhaustive. Elephant Games reserves the right to determine what conduct violates or may violate these Terms of Service or any Elephant Games policy or otherwise may be outside the intent or spirit of these Terms of Service or the Service itself. Any use of the Service in violation of these Terms of Service or any kind of actions set above are strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
NEITHER ELEPHANT GAMES NOR ITS LICENSORS, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY ELEPHANT GAMES SERVICES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR DEVICE HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE ELEPHANT GAMES SERVICES, RESIDES WITH YOU.
1.4 Accessing the Service
If you create an Elephant Games account within any Elephant Games Services, you must provide truthful, complete, actual and accurate information to us in creating such account. If there are reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Elephant Games may suspend or terminate your ability to use or access Elephant Games Services, and refuse any and all current or future use of or access to any or all Elephant Games Services (or any portion thereof).
Elephant Games reserves the right to limit the number of accounts a user can establish. This limit is defined by Elephant Games solely.
You are solely responsible for all your activity while using any Elephant Games Services and for the security of your device system. You should not reveal, send or pass by any other way your username or password to any other person.
1.5 Suspension and Termination of Account and Service
Without limitation to any other remedies, Elephant Games may delete, suspend, terminate, limit, modify accounts or access to the services or any portions thereof, if Elephant Games suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services; with or without any notice to you. Such actions may result in the deleting your account, information, persona, benefits, and in game purchases. Elephant Games is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and is under no obligation to refund you for any of this.
Elephant Games may also stop offering and/or supporting the Services including but not limited to any particular game or part of the Services at any time, at which point, your license to use the Services or a part thereof will be automatically terminated. In such event Elephant Games shall not be required to provide refunds, benefits or other compensation to users in connection with such termination. Such actions may also result in termination of your account, disabling of your access to the Services, or any part thereof including any content that may have or were in the process of submitting.
1.6 Advertisements in Services.
You understand that the Services may contatin feature advertisements from Elephant Games or third parties. Elephant Games may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as virtual in-game items and/or virtual currency). Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. Elephant Games makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Services, and will not bear any responsibility for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Elephant Games and may collect data or solicit personal information from you. Elephant Games is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Elephant Games of these linked sites.
2. Ownership, User Content, Intellectual property.
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Elephant Games game client, and the Elephant Games game clients and server software) are owned by Elephant Games. Elephant Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any intellectual property rights or other proprietary rights.
You acknowledge and agree that you will have no ownership or other property interest in the Account. You further acknowledge and agree that all interest and rights to the Account are and will be owned in perpetuity by Elephant Games, and only for the benefit of Elephant Games.
2.3 User Content
2.3.1. Submission of User Content
2.3.2. Responsibility and Content Monitoring
Elephant Games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content in connection with the Service. Our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
3. Information Use by Other Members of the Service
3.1 Public Discourse
Elephant Games may provide forums, blogs and/or chat features in the Services, where users can post information. Users may post topics of interest, general information, comments, and sometimes even personal information in these mediums. You understand that Elephant Games is not responsible for any information posted in the Services or whether others will view your information, comments and topics in the same light. Please do not submit, upload, write, or transmit any information in the Services you deem to be confidential. Elephant Games does not and will not bear any responsibility or liability of any use of any such information; no compensation will be provided for any ideas, schemes, uses of any information provided in these medium.
3.2 User’s responsibility for the Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Elephant Games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Elephant Games violates these Terms of Service.
3.3 Your License to Elephant Games
You hereby grant to Elephant Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into device memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Elephant Games the right to authorize others to exercise any of the rights granted to Elephant Games under these Terms of Service. You further hereby grant to Elephant Games the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Elephant Games does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Elephant Games has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4 User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the games. Elephant Games reserves the right, but has no obligation, to become involved in any way with these interactions and/or disputes. You will fully cooperate with Elephant Games to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Elephant Games access to any portions of your Account and any information needed.
If you have a dispute with one or more users, you release us (and Elephant Games’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You solely bear all kind of responsibilities arising out or connected with such claims, demands and damages. Elephant Games is not responsible for any consequences of your interactions with other users. You confirm that in the event that Elephant Games incurs any damages arising out of such disputes You are obliged to reimburse such damages in full amount.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored only in that amount as necessary to provide the Service to you and may be disclosed: (i) when Elephant Games has a good faith belief that Elephant Games is required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Elephant Games , including to enforce our terms of service.
4. Purchase Terms, Refund and Fees
While using the Services you may purchase, with «real world» money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) «virtual currency», including but not limited to virtual cash or diamonds, all for use in Elephant Games games; (b) «virtual in-game items». You do not in fact «own» the virtual in-game items, virtual currency and the amounts of any virtual in-game items, virtual currency do not refer to any credit balance of real currency or its equivalent or reflect any stored value but instead constitute a measurement of the extent of your license.You are only allowed to purchase virtual in-game items, virtual currency from us or our authorised partners through the Service, and not in any other way. The provision of virtual in-game items, virtual currency for use in Elephant Games games is a service provided by Elephant Games that commences immediately upon acceptance by Elephant Games of your purchase.
Elephant Games may manage, regulate, control, modify or eliminate virtual in-game items, virtual currency at any time, with or without notice. Elephant Games bears no liability to you or any third party in the event that Elephant Games exercises any such rights.
The transfer of virtual in-game items, virtual currency is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer virtual in-game items, virtual currency to any person or entity or attempt any of the aforesaid, including but not limited to Elephant Games, another user or any third party. In the event of any claims arising out of such actions you bear full responsibility solely.
Elephant Games does not issue any refunds or offer any exchanges of any virtual currency and/or virtual in-game items purchased on or through the Services.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL CURRENCY AND/OR VIRTUAL IN-GAME ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY OR IN ANY OTHER CASE.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Elephant Games may revise the pricing for the goods and services offered through the Service at any time solely.
5. Updates to the Service
You understand that the Service is an evolving one. Elephant Games may require that you accept updates to the Service and to Elephant Games’ games you have installed on your device or computer. You may need to update third party software from time to time in order to get access to the Services. You acknowledge and agree that Elephant Games may update the Services and the games, with or without notifying you. You also should take into account that such updating may be done in the background with the usage of your device memory and your mobile traffic. If you do not agree to these particular terms you should stop using the Services or games and delete them from your devices.
6. Disclaimer of Warranties
WITHOUT LIMITING ELEPHANT GAMES LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICE IS PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ELEPHANT GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELEPHANT GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEPHANT GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, ELEPHANT GAMES IS NOT OBLIGED TO REIMBURSE ANY DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND ELEPHANT GAMES EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ELEPHANT GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ELEPHANT GAMES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ELEPHANT GAMES.
8. Applicable Law, Dispute Resolution
These and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Russian Federation, exclusive of conflict or choice of law rules.
If a dispute arises between you and Elephant Games, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at firstname.lastname@example.org. You agree that any claim or dispute you may have against Elephant Games must be resolved exclusively by a Yoshkar-Ola city court located in Yoshkar-Ola, Mari El Republic, Russian Federation.
10.2. Supplemental Policies
Elephant Games may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
10.4. No Waiver
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Elephant Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Elephant Games.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Elephant Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Elephant Games and which cannot be replaced by monetary damages alone so that in the event of any breach or anticipatory breach by you Elephant Games shall be entitled to injunctive or other equitable relief including but without limitation specific performance (without the obligations of posting any bond or surety or proof of damages) in addition to all other remedies available to the Disclosing Party at law or in equity, including but not limited to general, indirect and consequential damages, including lost profit, indemnification for every loss, cost, damage or expense, and other remedies which may be available. The Parties agree that the indemnification of the damages, lost profit, costs shall be made in a full amount. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Elephant Games game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Elephant Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Elephant Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Elephant Games control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You agree that your use of the Services does not constitute any joint venture, partnership, employment, or agency relationship between you and Elephant Games as a result of this Agreement.
10.9 Third Parties
No person who is not a party to this Agreement shall have any rights under this Agreement unless such right has been validly assigned to such person in accordance with the terms of this Agreement.
10.10. Language of the Terms