Terms of service

The terms of this agreement (“Terms of Service”) govern the relationship between you and Ivolgamus Vilnius UAB (trading as Uxusgames), and/or their affiliates (hereinafter “Uxusgames” or “Us” or “We”) regarding your use of Uxusgames’s games, websites and related services (the “Service”). Use of the Service is also governed by Uxusgames’s Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service, including browsing any website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register a profile on the Service (a “Profile”). By registering a Profile or otherwise using the Service, you represent that you are age 18 or older and you understand and agree to these Terms of Service. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

By creating a user name (nickname) if the game requires and further using the Service you warrant that it is not your real first/second name, nor does it have any similarity to your real name, or your real name can be understood from the user name created by you. If you still choose to register a user name corresponding or similar to your real name, please note you will be responsible for all potential negative outcomes yourself, including any potential breaches or misuse of your personal data, including the ones done by the other players.

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.

Uxusgames reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on theUxusgames Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Uxusgames Privacy Policy, or any other Uxusgames policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. License

1.1. 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 Uxusgames policies, Uxusgames 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:

You shall not create a Profile or access the Service if you are under the age of 18; You shall restrict use by minors, and you will deny access to children or persons under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors, and must ensure no personal data of minors are transferred through Service or revealed in any other way. You shall solely be liable for any consequences of such breach, use of the Service by minors or personal data revelations.

You shall not sell, rent or give away your Profile, create a Profile using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Uxusgames, or previously been banned from playing any Uxusgames game.

You shall use your Profile only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.

Your Profile

Uxusgames reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

The Service supports only one Profile per game on a supported device.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that Uxusgames deems to be in conflict with the spirit or intent of the Service or make improper use of Uxusgames’ support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Uxusgames Game or any Uxusgames game experience or without Uxusgames’ express written consent, modify or cause to be modified any files that are a part of the Service or any Uxusgames game.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Uxusgames game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Profiles registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Uxusgames, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post through any channels related to the Service any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Post through any channels related to the Service any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of other users, another person, group, including Uxusgames employees, including Uxusgames’ customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Uxusgames employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Uxusgames game, or to obtain any information from the Service or any Uxusgames game using any method not expressly permitted by Uxusgames.
Announce or inform other users about game vulnerability through in-game chat (if available) or other communication means (e.g., social media).
Call for boycotting the game, spread knowingly false information about the game, or damage the reputation of the game in any other way.
Make refunds through Google, Apple or Amazon services without returning purchased items. Items can be returned in the following way: you must contact us immediately, but not later than within 2 days, and report it. After that, the purchased items will be deleted from your Profile. If you do not contact us, or if the items have already been used, we have the right to immediately terminate the user and remove your Profile. By requesting a refund through Google or Apple services, you waive any future claims regarding the removal of your Profile.
Trade with in-game currency, buy or sell any in-game items (including currency) bypassing the standard means (stores).
Solicit or attempt to solicit personal information from other users of the Service or any Uxusgames game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

Uxusgames reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Uxusgames reserves the right to take action as a result, which may include removal of your Profile and prohibiting you from using the Service in whole or in part.

1.2. Suspension and Removal of Profile

WITHOUT LIMITING ANY OTHER REMEDIES, UXUSGAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE PROFILES OR ACCESS TO UXUSGAMES SERVICES OR PORTIONS THEREOF IF YOU ARE, OR UXUSGAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF PROFILE REMOVAL OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND UXUSGAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR REMOVE USER PROFILES OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR REMOVE PROFILES OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

UXUSGAMES RESERVES THE RIGHT TO REMOVE ANY PROFILE THAT HAS BEEN INACTIVE FOR 180 DAYS.

Uxusgames reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Uxusgames shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Removal of your Profile can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

2. Ownership

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 Uxusgames game client, and the Uxusgames game clients and server software) are owned by Uxusgames. Uxusgames reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Profiles

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PROFILE, EXCEPT FOR YOUR RIGHT TO REQUEST REMOVING YOUR PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF UXUSGAMES.

2.3. Virtual Items

Uxusgames owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Uxusgames games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Uxusgames game, whether earned in a game or purchased from Uxusgames, or any other attributes associated with an Profile or stored on the Service.

2.4. User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Uxusgames game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Uxusgames in accordance with its Privacy Policy. Uxusgames reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

3. User Content

3.1. Content Screening

Uxusgames 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 available in connection with the Service. At our discretion, 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 entering into these Terms of Service, 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.

If at any time Uxusgames chooses, in its sole discretion, to monitor the Service, Uxusgames nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Uxusgames cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Uxusgames shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible For Your Own 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. Uxusgames 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 Uxusgames violates these Terms of Service.

3.3. License

You hereby grant to Uxusgames 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 computer 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 Uxusgames the right to authorize others to exercise any of the rights granted to Uxusgames under these Terms of Service. You further hereby grant to Uxusgames 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. Uxusgames 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. Uxusgames 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 Service and any other parties with whom you interact through the Service and/or Uxusgames games. Uxusgames reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Uxusgames to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Uxusgames access to any password-protected portions of your Profile.

If you have a dispute with one or more users, you release us (and our 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.

4. Fees and Purchase Terms

4.1. Purchases

In the Service 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 (such virtual currency may bear different names in different games), all for use in Uxusgames games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.

Uxusgames may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Uxusgames shall have no liability to you or any third party in the event that Uxusgames exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Uxusgames, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

The provision of Virtual Items for use in Uxusgames games is a service provided by Uxusgames that commences immediately upon acceptance by Uxusgames of your purchase.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using a Profile registered to you. Uxusgames may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT UXUSGAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN PROFILE IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Updates to the Service

You understand that the Service is an evolving one. Uxusgames may require that you accept updates to the Service and to Uxusgames’ games you have installed on your computer. You acknowledge and agree that Uxusgames may update the Service and Uxusgames games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Uxusgames’ Games.

6. Disclaimer of Warranties

WITHOUT LIMITING UXUSGAMES’S LIABILITY UNDER SECTION 7 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. UXUSGAMES 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

UXUSGAMES 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 UXUSGAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UXUSGAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO UXUSGAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO UXUSGAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND UXUSGAMES’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH UXUSGAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR PROFILE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Uxusgames may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Uxusgames’ liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF UXUSGAMES.

You agree to indemnify, defend and hold Uxusgames harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. Dispute Resolution and Law

If a dispute arises between you and Uxusgames, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at support@Uxusgames.com. All disputes between you and Uxusgames shall be governed by the laws of the Republic of Lithuania without regard to conflict of law provisions. You agree that any claim or dispute you may have against Uxusgames must be resolved exclusively by a court located in Lithuania.

9. Severability

You and Uxusgames agree that if any portion of these Terms of Service or of the Uxusgames Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. General Provisions

10.1. Assignment

Uxusgames may assign or delegate these Terms of Service and/or the Uxusgames Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Uxusgames’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

Uxusgames 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

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Uxusgames Privacy Policy), contain the entire understanding of you and Uxusgames, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

10.4. No Waiver

The failure of Uxusgames to require or enforce strict performance by you of any provision of these Terms of Service or the Uxusgames Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Uxusgames’ right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Uxusgames of any provision, condition, or requirement of these Terms of Service or the Uxusgames Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Uxusgames 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 Uxusgames.

10.5. Notices

We may notify you via postings on www.ususgames.com, and via e-mail or any other communications means you provide to us for contacting you. All requests sent by you, notices given by you or required from you under these Terms of Service or the Uxusgames Privacy Policy shall be in writing, submitted in the English language by certified mail, and addressed to: Ivolgamus Vilnius UAB, Savanoriu ave. 61, Vilnius, Lithuania. Any notices or requests that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Uxusgames are of a unique and irreplaceable nature, the loss of which shall irreparably harm Uxusgames and which cannot be replaced by monetary damages alone so that Uxusgames shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Uxusgames 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

Uxusgames shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Uxusgames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Uxusgames’ 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.

PRIVACY POLICY

Uxusgames is committed to provide enjoyable and fun games and applications (Services) across the wide variety of devices, such as smartphones, tablets, personal computers and videogame consoles. We take personal data protection very seriously. Uxusgames follows the generally accepted industry personal information protection standards. Please note that information that you voluntarily make public in your user profile, or which you disclose by posting comments will be publicly available and viewable by others. We do not hold any liability for any information that you voluntarily choose to be public through such and/or other explicit actions.

By using the Services you agree to observe and be bound by this Privacy Policy and you consent to the processing, collection, use and disclosure of your information and data in accordance with its terms. Please do not use the Services if you do not agree to this Privacy Policy.

By using the Services you give your explicit consent to processing of your personal data by Uxusgames for the following purposes: playing the game and recording the progress in the game; making in-app purchases and payments; receiving advertisements from the developer of the game and third persons.

When you use our Services, we collect the following information: user name, information about your device (including device model, device ID, OS version and operator’s name), time and date of the connection to the game and/or service, IP and MAC address, Game Center ID, Game Center nickname, region, platform, cookie information, session information (time, duration), in-game information (e.g., Player Level, currency balance).

We use SDK (software development kits) modules provided by third party companies that might collect information from you. See the list (subject to change at any time by sole decision of Uxusgames) below:

By installing and playing the game, you agree with the relevant privacy policies of all the above SDK providers.

Uxusgames is not responsible for any action or omission of a third party. If you want to make a request or claim towards such a third party, you should contact them directly.

Generally, the Service automatically collects usage information, such as the numbers and frequency of visitors to our Service and how they use the various components of the Service. CMC (Computer-mediated communication) only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how users actually use parts of the Service so that we can make them appealing to as many users as possible, and improve those Services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Services. We may share this type of statistical data so that our partners also understand how people use the Services, so that they, too, may provide you with an optimal user experience. Again, CMC never discloses information to a partner in a manner that would identify you personally.

Your information with limited access rights (including personal information) can only be accessed by our authorized employees or consultants or the concerned group entities, third party service providers, that need to have access to this data in order to be able to fulfill their given duties. However, we shall take appropriate organizational and technical measures to protect your personal data. We reserve the right to disclose your personally identifiable information as required by any law and also when we believe that disclosure is necessary to protect our rights and/or to comply with judicial proceedings, court orders, or legal process.

Protection of your personal data.

If you are located within the European Economic Area (EEA) area and if your personal data is submitted to us, the provisions of GDPR (General Data Protection Regulation) apply to you. As the user name is invented and submitted by you, you guarantee that it is not real name constituting your personal data. We cannot be held responsible for identity or similarity of your user name to your real name.

If you are located within the EEA area, in addition to other statutory rights, you have a right to request the information on the personal data that we have collected about you, require amendments and deletion of the data. As user names are not real, in order for Uxusgames to identify you, the following procedure concerning access to data as required by GDPR, is applicable:

-If you are located within the EEA area, and should you be willing to make a request to receive and check your personal data that we have collected, you must send us a letter by email privacy@uxusgames.com.

- After you submit the aforementioned request, you will receive detailed instructions from us on the following steps. This request will be processed within the timeframe stipulated in the GDPR, by the same means as you have submitted the request (to the email address from which it has been received). Uxusgames is responsible for data protection till the data is sent out from our email address, and you have to take care and responsibility to protect your data after the email with your data has been sent from our server.

-The same procedure is applied to the other rights specified in GDPR, namely right to rectification, right to erasure, right to restriction of processing, as well as other rights of yours as foreseen by GDPR.

-If you want us to erase your data, you should email us at privacy@uxusgames.com. After you submit the aforementioned request, you will receive detailed instructions from us on the following steps. You should note, that the whole Profile will be deleted in such a case (including any purchased items), with no possibility to restore any progress or data of the user.

Duration of the data processing: your data is stored on our servers as long as Service is available unless you request to remove your data, as described in this Privacy Policy.

Any responsibility for possible hacking of servers is borne by service providers (Hezner, OVH, Amazon and others).

You agree that Uxusgames may change these Terms of Service and Privacy Policy at any time. Our current Terms of Service and Privacy Policy will be posted here: www.uxusgames.com/privacy Our contact for privacy questions is: privacy@uxusgames.com

By installing any Uxusgames game you confirm that you have read, understood and accepted the Terms of Service and Privacy Policy.