Terms of Service
Last updated: 13.10.2020
As a precondition for you using the Service, you must agree to these Terms of Service (“Agreement”). By using or otherwise accessing the Service, you agree to the Agreement. If you do not agree to the Agreement, you may not use or otherwise access the Services.
1. GENERAL PROVISIONS
By downloading, installing or otherwise using the service, you represent that you are at least 16 years of age and have not been previously suspended or removed from the Service. If you are between the ages of 16 and 18 (or between 16 and the age of legal majority in your country of residence), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Service is also not available to any users previously suspended or removed from the Service by Skytec (see section 13(a) below for more about suspension or removal).
Application stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
You represent that you are accessing our Games as a private person. Any commercial use of our Games is not allowed.
When you start or stop an Game, it may display an ad. During gameplay, banners, rewarded videos and/or interstitial ads may be displayed.
2. YOUR ACCOUNT
You may create an account in the Services (if applicable in the certain Services) (“Account”) by providing a username and/or email address and a password (“Login Information”).
Skytec 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 or You use username that breaches these Terms of Service.
Your Account is for your personal, non–commercial use. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorised by you. You are responsible for anything that happens through your Account. Skytec will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Skytec and modify your Login Information.
You should be acknowledged that you are solely responsible for the saving of your game process in the Service.
3. LIMITED LICENSE TO USE THE SERVICE
4. LICENSE RESTRICTIONS
Using the Service, You agree to comply with the following license restrictions when you access or use the Service:
You will not attempt to obtain Login Information or access another user’s account or collect or harvest personal information from other users.
You will not exploit, distribute or publicly inform other users of any Service error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology.
You will not improperly use our support services, including by submitting false reports as well as you will not distribute any messages received by you from our support services.
You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
You will not use the Service for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Service Content for sale.
You shall not sell, purchase, exchange, transfer, give as a gift, your Account as well as spread the information about any intention to perform above.
You will not use the Service for performing services for payment, such as leveling up or item collection services.
You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service experience.
You will not remove or obscure any proprietary notices within the Service.
You will not disrupt or attempt to disrupt the Service or any other person’s use or enjoyment of the Service.
You will not attempt to gain unauthorized access to the Service, to accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service.
You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from the Service or that is in transit from or to the Service.
You will not make any automated use the Service, or take any action that imposes an unreasonable burden on our infrastructure.
You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data from the Service.
Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Service.
You will not copy, modify or distribute In-Service Content from the Service except as specifically authorized by us.
You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
You are prohibited from using as the name of the game character, name of the game clan or other group, as well as the name of another user at the forum the following designations:
- offensive or coarse terms, inciting ethnic discord and discrimination, words and phrases which include curses and expletives in any language, executed with letters of any alphabet;
- proper names and other words and phrases used in religions or cults, which may cause insult of the feelings of believers (use in the name of the game clans and the game groups such common religious concepts (except for proper names) as "paradise", "hell", "angel", "devil", "voodoo", etc. is not prohibited. For example, the clan name of the group like "Team of devils" or "Voodoo dolls" corresponds to these Terms of Service);
- names of historical figures and politicians;
- words and phrases that are directly or indirectly related to drugs, ways of their preparation, use and acquisition;
- words and phrases which can mislead other users as to that the user, registered under such name, is a representative of Skytec or otherwise has direct or indirect relation to it, or has any rights of administration of the Service;
- unpronounceable letter combinations;
- words and phrases that contain advertisement of goods and services, including any domain names and trademarks;
- words and phrases that violate the rights of third parties (including but not limited to intellectual property rights) or the requirements of applicable law.
Any future release, update, or other addition to functionality of any of Games (including in-app purchases, subscriptions, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.
5. PURCHASE TERMS
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, non-exclusive, revocable license to use (a) “virtual currency”, available in the Service; (b) “virtual in-game items” (together with “virtual currency”, “In-Service Content”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase In-Service Content from us or our authorized partners through the Service, and not in any other way.
Skytec may manage, regulate, control, modify or eliminate In-Service Content and/or Merchandise at any time, with or without notice. Skytec shall have no liability to you or any third party in the event that Skytec exercises any such rights.
The transfer of In-Service Content 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 In-Service Content or Merchandise to any person or entity.
The provision of In-Service Content for use in the Service is a service provided by Skytec that commences immediately upon acceptance by Skytec of your purchase.
In the event that you receive paid In-Service Content without payment and / or incomplete payment, and / or virtual currency is not debited from your Account to pay for such paid In-Service Content as a result of a technical error or a Service failure or a conscious user action, You are obliged to inform Skytec of this fact.
YOU ACKNOWLEDGE THAT SKYTEC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-SERVICE CONTENT AND/OR MERCHANDISE WHEN YOU DELETE YOUR ACCOUNT, WHEN YOU CEASE TO USE THE GAME OR WHEN YOUR ACCOUNT SUSPENDED OR REMOVED FROM THE SERVICE BY SKYTEC.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or services from within the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game (“Subscription Period”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription by available confirmation tools of the Game. Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If You do not cancel the Subscription within such period, Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. Skytec can not cancel your free-trial subscription if it has already been activated. Subscription is automatically renewable, unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled. Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated. Except when required by law, paid Subscription Fees are non-refundable. Skytec in its sole discretion and at any time may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
6. USER CONTENT
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 Skytec chooses, in its sole discretion, to monitor the Service, Skytec 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.
- You agree not to use any Game to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
- You agree not to use any Game to (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or Game or servers or networks connected to Games (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any Game.
7. 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. Skytec reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Skytec to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Skytec access to any password-protected portions of your Account.
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.
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 the Service and server software) are owned by Skytec. Skytec reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
9. UPDATES AND MODIFICATIONS
In order to improve the Service, Skytec reserves the right to introduce automatic updates and modifications into the Service (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Service, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Service and the rules of these Terms of Service shall apply to such updates.
You also agree that Skytec may require you to accept and download updates for further use or access to the Service when it is necessary for proper functioning of the Service.
Skytec may modify functions and informational contents of the Service at any time at its own discretion without additional notice to you.
10. WARRANTY DISCLAIMER
TO THE MAXIM EXTENT ALLOWED BY APPLICABLE LAW SKYTEC EXPRESSLY WAIVES ANY WARRANTIES, DIRECT OR INDIRECT, TOWARDS THE USER REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT WARRANTIES TOWARDS QUALITY, SUITABILITY FOR SPECIFIC PURPOSES AND OBSERVATION OF RIGHTS. THE SERVICE SHALL BE PROVIDED “AS IS” WITHOUT FURTHER WARRANTIES OF ANY NATURE. YOU SHALL ASSUME ALL RISKS RELATED TO ANY DAMAGE AND LOSSES ARISING FROM USE OR IMPOSSIBILITY OF USING THE SERVICE. SKYTEC DOES NOT GUARANTEE THAT THE SERVICE MEETS YOUR REQUIREMENTS AND THAT SERVICE OPERATION WILL BE UNFAILING AND ERROR-FREE.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL SKYTEC (OR ITS PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR SKYTEC’S PRIVACY PRACTICES, ANY GAME, EVEN IF SKYTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THERE FROM. NOT WITH STANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SKYTEC’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR SKYTEC’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID SKYTEC IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL SKYTEC’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
YOU MUST CONNECT TO THE INTERNET IN ORDER TO USE THE SERVICE WHERE IT IS NECESSARY. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY YOU. SKYTEC SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO YOU AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON YOUR DEVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. APPLICABLE LAW, JURISDICTION
(a) Termination. These Terms of Service remain valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. You may terminate these Terms of Service at any time by deleting the Service from your device (applicable for mobile applications) or by stopping access to the certain Service.
WITHOUT LIMITING SKYTEC’S OTHER REMEDIES, SKYTEC MAY LIMIT, SUSPEND OR TERMINATE OR PROHIBIT ACCESS TO THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, AND THEIR CONTENT, 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.
In case of termination of these Terms of Service, Sections 6, 8, 10, 11, 12, 13, 14 shall remain in force.
(c) These Terms of Service and related documents, unless otherwise stipulated within the Terms of Service, constitute full agreement of the Parties regarding use of the Service by You and substitute any previous oral and written agreements or oral and written agreements that are simultaneous with the making of these Terms of Service regarding the subject hereof that are united in these Terms of Service.
(d) If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms of Service will remain in full force and effect.
(e) Skytec reserves the right to revise these Terms of Service or any related documents at any time by updating on the website located at http://www.skytecgames.com/terms-of-service.html or by notifying You or by any other means available. The revised Terms of Service or related documents come into force on the date on which it is published.
(f) Any notice provided to Skytec pursuant to this Agreement should be sent to firstname.lastname@example.org
14. Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using a Game from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 13, the more restrictive or conflicting terms and conditions in this Section 13 apply, but solely with respect to Games from the Apple Application Store.
14.1 Acknowledgement. Skytec and you acknowledge that this Agreement is concluded between Skytec and you only, and not with Apple, and Skytec, not Apple, is solely responsible for Game and the content thereof. To the extent this Agreement provides for usage the rules for Game that are less restrictive than the Usage Rules set forth for Game in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
14.2 Scope of License. The license granted to you for Game is limited to a non-transferable license to use Game on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
14.3 Maintenance and Support. Skytec is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law. Skytec and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Game.
14.4 Warranty. Skytec is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Skytec’s sole responsibility.
14.5 Product Claims. Skytec and you acknowledge that Skytec, not Apple, is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Skytec’s liability to you beyond what is permitted by applicable law.
14.6 Intellectual Property Rights. Skytec and you acknowledge that, in the event of any third-party claim that Game or your possession and use of Game infringes the third party’s intellectual property rights, Skytec, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
14.7 Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
14.8 Developer Name and Address, Skytec’s contact information for any end-user questions, complaints or claims with respect to Game is set forth in Section 13 (f).
14.9 Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using a Game.
14.10 Third-Party Beneficiary. Skytec and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
YOU ARE ADVISED TO CHECK THE WEBSITE PERIODICALLY FOR NOTICES CONCERNING SUCH REVISIONS. YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF ANY REVISED TERMS.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.