terms of SERVICE

Effective date: September 30, 2019

Last updated:

[reserved]

The terms of this agreement (“Terms of Service”) govern the relationship between you and Navy Spade Software and its affiliates (hereinafter “Navy Spade” or “Us” or “We”) regarding your use of Navy Spade’s games, websites and related services (the “Service”). Use of the Service is also governed by Navy Spade Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service, including browsing any Navy Spade website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. By installing, using or otherwise accessing the Service and by creating an Account you automatically agree to these Terms of Service. You also agree that you are responsible for compliance with any applicable local laws. 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. License

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Navy Spade policies, Navy Spade 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, including but not limited to any commercial or business purposes.

You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. 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.

This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any of the Navy Spade’s Service;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Navy Spade at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Ownership

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 Navy Spade game client, and the Navy Spade game clients and server software) are owned by Navy Spade. Navy Spade reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service. Any attempt to obtain confidential information relating to the Service is strictly prohibited and will amount to a breach of these Terms of Service.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of Navy Spade.

Navy Spade owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Navy Spade 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 Navy Spade game, whether earned in a game or purchased from Navy Spade, or any other attributes associated with an Account or stored on the Service.

3. User content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Navy Spade game client or the Service, or that other users upload or transmit, including without limitation any chat text.

Navy Spade 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.

At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content or to become involved in any user interaction.

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

In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use

“virtual currency”, including but not limited to virtual cash and wreaths, all for use in Navy Spade games;
“virtual in-game items” (together with “virtual currency”, “Virtual Items”); and
other goods or services (“Merchandise”).

You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.

Navy Spade may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Navy Spade shall have no liability to you or any third party in the event that Navy Spade 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 or your Account to any person or entity, including but not limited to Navy Spade, 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 Navy Spade games is a service provided by Navy Spade that commences immediately upon acceptance by Navy Spade of your purchase.

You agree to pay all fees and applicable taxes incurred by you or anyone using the Account registered to you. Navy Spade may revise the pricing for the goods and services offered through the Service at any time. You acknowledge that Navy Spade 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 the Account is closed, whether such closure was voluntary or involuntary.

5. Disclaimer

The Navy Spade’s Service is provided on “as is” and “as available” basis for your use. Navy Spade makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Navy Spade does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of its Service or otherwise relating to such Service. Navy Spade does not guarantee an obtaining of the rewards that can be won in probability-based games such as fortune wheel. Navy Spade 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 App or the Service are free of viruses or other harmful components.

6. Limitations

In no event shall Navy Spade or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Navy Spade’s Service, even if Navy Spade or a Navy Spade authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Navy Spade shall not be liable to you for more than the amount you have paid to Navy Spade 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 Navy Spade during such time period, your sole remedy (and Navy Spade’s exclusive liability) for any dispute with Navy Spade is to stop using the Service and to cancel your account.

You agree to indemnify, defend and hold Navy Spade 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.

7. Revisions, Errata and Updates

The materials of Navy Spade’s Service could include technical, typographical, or photographic errors. Navy Spade does not warrant that any of the materials of its Service are accurate, complete, or current. You acknowledge and agree that Navy Spade may update the Service and Navy Spade games, with or without notifying you.

Navy Spade may require that you accept updates to the Service and to Navy Spade’s games you have installed on your device. You may need to update third party software from time to time in order to receive the Service and play Navy Spade’s games.

Navy Spade does not, however, make any commitment to update the Service.

8. Links

Navy Spade has not reviewed all of the external sources (including, without limitation, Internet web sites, games, and platforms) linked to the Navy Spade’s Service and is not responsible for the contents of any such linked external source. The inclusion of any link does not imply endorsement by Navy Spade of the external source. Use of any such linked external source is at your own risk.

9. Force Majeure

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

10. Miscellaneous

Navy Spade may assign or delegate these Terms of Service and/or the Navy Spade 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 Navy Spade’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

Navy Spade 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.

11. Governing Law

Any claim relating to Navy Spade’s Services shall be governed by the laws of the Russian Federation without regard to its conflict of law provisions.

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