LICENSE AGREEMENT WITH USERS of the website “Masd.Games”
This license agreement, hereinafter "Agreement", is made between any individual using the site "Masd.Games" at https://masd.games/, hereinafter "Licensee", and Masd Game, who is the owner of the exclusive rights to the site "Masd.Games" at: https://masd.games/.
1.1. Game is an interactive online-game, which is a program for the computer, being a set of data, commands and audiovisual displays generated by it (hereinafter - data and commands), activated sequentially for the Licensee to obtain a certain result provided by the scenario of the Game, without payment (activated data and commands) or after payment (non-activated data and commands). The rights to use the data and commands (activated and non-activated) are granted by the Site to the Licensee on the terms defined in this Agreement.
To ensure the rights and obligations of the parties arising under this Agreement, Licensee reproduces the aggregate of the data and commands predefined by the Site on their computer ('client part of the Game' if the client part of the Game is provided by the functionality), while the aggregate of other data and commands (including non-activated ones) or all data and commands in the absence of the client part of the Game are placed by the Site on the servers it operates.
1.2. Game resources (Resources) are all the servers, any software and/or databases, related to the Game.
1.3. Site is a game Platform of Masd Game, who grants the right to use the Game on the terms of a non-exclusive license.
1.4. Licensee is an individual with the necessary legal capacity to enter into this Agreement, who, in accordance with this Agreement, is granted the right to use the Game within the limits provided for in this Agreement. Licensee is a party to this Agreement.
1.5. Licensee's Account (account) is an account of the Licensee created as a result of the Licensee's registration procedure, which allows the Site to take into account each Licensee and provide the opportunity to authorize (gain access) through a unique login and password.
1.6 The Licensee's Personal Account is an intra-portal virtual account.
1.7. Rights for non-activated data and commands, provided for in this Agreement for the use of data, commands and audiovisual representations of the Game and/or the Site's Game Platform generated by activating them for the Licensee to obtain a certain result provided by the Game scenario and/or the functionality of the Site's Game Platform, acquired by the Licensee after the payment of the set Fee. The specified Rights may also be obtained by the Licensee from the Site for the performance of portal and/or in-game activities and in other cases in accordance with the procedure set forth in Section 5 of this Agreement.
1.8. Non-activated data and commands are currency of the portal and in-game items.
1.9. In-game items are in-game valuables, including in-game currency, which provide the Licensee with in-game advantages and additional opportunities provided for by the Game scenario.
1.10. Portal Currency is virtual currency of the Site's Game Platform intended solely for use on the Site's Game Platform for the purpose of accessing additional functionality of the Site's Game Platform and/or exchanging it for in-game items. Portal currency is not a means of payment and is not convertible into cash under any circumstances.
1.11. Remuneration is a payment to the Site for granting to the Licensee the rights to use non-activated data and commands within the limits set forth in this Agreement
1.12. User Part of the Game is software required for the Licensee's participation in the Game to be installed on the Licensee's computer. User part of the Game is installed by the Licensee independently on a personal computer. The User part of the Game may be distributed by the Site and/or its authorized persons both via the Internet and on tangible media. The User part of the Game distributed via the Internet is provided to the Licensee free of charge with the right to reproduce it if this Agreement does not stipulate otherwise. Copies of the User part of the Game, distributed on tangible media, may be provided to the Licensee for a fee.
1.13. "Masd.Games Website at: https://masd.games/" means the platform of Vyacheslav Viktorovich Volodin, which is owned and operated by Vyacheslav Viktorovich Volodin and where the Games are placed.1
2. JOINING TO THE AGREEMENT
2.1 Before using the Game, the Licensee shall read this Agreement, as well as all documents freely available on the account registration page or specified in this Agreement.
2.2 After reading the Agreement, the Licensee has joined (accepted) this Agreement by clicking the "Play" button or other similar, which in terms of Art. 435 and 438 of the Civil Code of the Estonia is the acceptance of the offer of the Site, and the signing of an agreement, which creates obligations from the Licensee to comply with the terms of the Agreement, including the Rules applicable to the Game. Actual use of the Game is also an acceptance of this Agreement.
2.3 A person authorized on the Game Platform of the Website is considered a proper user of the account, which was accessed and managed as a result of the account registration, if there is no information confirming otherwise.
3. SUBJECT OF THE AGREEMENT
3.1 Under this Agreement and on condition of Licensee's compliance with its relevant terms and conditions, the Site grants Licensee under a simple non-exclusive license the right to use the Game within the limits defined in this Agreement.
3.2 Licensee receives the rights to use activated and non-activated data and commands under the terms of this Agreement.
3.3 The obligation of the Site to provide the rights to use non-activated data and commands is considered fulfilled by the Site at the moment when the portal currency is displayed on the Licensee's personal account. From that moment on, the Licensee receives the rights to use the amount of non-activated data and commands corresponding to the amount of portal currency, under the terms of this Agreement. Portal currency is reflected on the Licensee's Personal Account after the Licensor receives information from third parties (payment systems) about making (confirming) a payment.
3.4 From the moment the portal currency is displayed on the Licensee's Personal Account the Licensee has no right to demand the return of the Remuneration from the Website, unless otherwise expressly provided for in this Agreement or by the applicable law.
3.5 The correspondence of the amount of non-activated data and commands to the amount of portal currency is determined by the Site. Correspondence of the amount of the Remuneration to the amount of portal currency is determined by the Site.
3.6 Payment of the Remuneration is not a necessary condition for the Licensee's use of the Site's Game Platform or the Licensee's participation in the Game and is at the Licensee's discretion.
4. GAME USAGE LIMITS
4.1. Licensee has the right to use the Game in the following ways:
4.1.1. play the User part of the Game by installing it on a computer in order to participate in the Game (if the User part is provided by the functionality of the Game);
4.1.2. use the activated data and commands of the Game to achieve the result defined by the Game scenario;
4.1.3. activate non-activated Game data and commands by exchanging portal currency for in-game items and use them, among other things, to achieve a result determined by the Game scenario faster than the right specified in Section 4.1.2;
4.1.4. make changes to the personal settings of the Game as provided by the Game developer.
4.2. the Licensee may not:
4.2.1. distribute the User part of the Game or its copies for commercial or noncommercial purposes, both by distribution of tangible media with it, and by posting it on the Internet for download by certain persons or the unlimited range of persons;
4.2.2. translate the Game into other languages;
4.2.3. distribute audio-visual representations contained in the Game outside of the Game for commercial purposes;
4.2.4. distribute for commercial or noncommercial purposes, transfer to third parties the right to use non-activated data and commands provided to the Licensee for the Remuneration, game characters, game account and other object not expressly permitted by the conditions of this Agreement, as well as distribute information about intentions to perform such actions;
4.2.5. transfer the rights granted to the Licensee to use the Game as defined in Article 1 of this Agreement to other Licensees or third parties through the conclusion of a sublicense agreement or otherwise;
4.2.6. use the Game in other ways not stipulated by this Agreement, the Rules of the Game and beyond the normal gameplay.
5. RIGHTS TO USE NON-ACTIVATED DATA AND COMMANDS
5.1 At the Licensee's request, the Site grants the Licensee the right to use non-activated data and commands (a simple non-exclusive license) on condition that the Licensee pays the Remuneration, unless otherwise is provided by the Site.
5.2 The Licensee has the right to use non-activated data and commands for the term of this Agreement, if such right is not terminated earlier, including in connection with the implementation of the Game scenario.
5.3 The amount of the Remuneration for granting the right to use non-activated data and commands in the form of additional functionality of the Game Platform of the Website is determined by the Website and can be changed by the Website unilaterally at any time without prior notice to the Licensee.
5.4 The Licensee acknowledges that in the course of using the Platform of the Site's games and/or the Site's Game, the Licensee has the right to refuse to use the Licensee's rights, including the right to use non-activated data and commands, for any reason, and this does not give the Licensee grounds to demand from the Site the return of the previously paid Fee, unless otherwise expressly provided for by applicable law.
5.5 When the Licensee pays the Remuneration for the first time, the Website automatically sets up the Licensee's personal account, which is linked directly to the Licensee's account.
5.6 The funds are transferred by the Licensee through supported payment systems to the Site's current account.
5.7. If, as a result of a technical error, malfunction of the Game or the Site's Game Platform, or the Licensee's deliberate actions, the Licensee has been able to use non-activated data and commands not in the order prescribed in this Agreement, the Licensee shall immediately notify the Site's Game Platform support service of this fact and pay the Remuneration to the Site.
5.8. The Licensee guarantees to the Site that he has the right to use the means of payment of the Remuneration chosen by him, without violating the laws of the Estonia and/or the laws of another country of which the Licensee is a citizen, and the rights of third parties. The Site shall not be liable for any damage to third parties and/or other Licensees caused by the use by the Licensee the means of payment that do not belong to him.
5.9 The Site is not responsible for possible unlawful actions of the Licensee when paying the Remuneration. The Site reserves the right to unilaterally revoke the license for the Game and (or) the rights to use non-activated data and commands if there is a suspicion of unlawful actions by the Licensee, until the circumstances are clarified.
5.10. Specifics of the Licensee's payment of the License Fee for the right to use non-activated data and commands by means of bank cards.
5.10.1 Bank card transactions are performed by the cardholder or their authorized person.
5.10.2 In order to avoid cases of fraudulent payments by cards, the payments performed by cards can be verified by the Site. The licensee-cardholder, who made such payment, must, upon request from the Site, provide a copy of the documents required by the Site to confirm the legitimate use of the bank card. If the Licensee fails to provide the requested documents within 14 days from the date of the payment or if there are doubts about their authenticity, the Site has the right to suspend the Licensee's rights to use non-activated data and commands until the circumstances are clarified.
5.11. The Licensee shall bear all the expenses related to the transfer of funds to the Site, including various fees and commissions of banks and payment system operators, on his own and at his own expense.
5.12. The Licensee agrees, understands and accepts the fact that the Game is not a gambling game, a game for money, a contest, a bet. Acquisition of a license for the right to use non-activated data and commands is an implementation of their own will and desire and is not a necessary or mandatory condition for the use of the Game or the Game Platform of the Site by the methods established in this Agreement.
6. RIGHTS AND OBLIGATIONS OF Masd.Games WEBSITE
6.1 The Site incurs the following obligations:
6.1.1. to grant a Licensee the right to use the activated data and commands via the Internet without charge, unless this Agreement provides otherwise;
6.1.2. to grant the Licensee the right to use the non-activated data and commands for a Fee.
6.2. the Site has the following rights:
6.2.1. at any time, unilaterally limit, expand, modify the content of the Game as a computer program, as well as supplement, modify the Game, any of its parts, including the User part of the Game without prior notice to Licensee;
6.2.2. to suspend or change the Game as a computer program, change its licensing conditions without prior notice to the Licensee;
6.2.3. at any time suspend, limit and/or terminate this License Agreement unilaterally in relation to the Game as a computer program for any or all Licensees, including in case of the Licensee's failure to comply with the terms of this Agreement or the Game Rules.
7. RIGHTS AND OBLIGATIONS OF THE LICENSEE
7.1.1. comply with the terms of this Agreement, other documents that are a part of the Agreement, without any restrictions;
7.1.2. provide correct information when completing the registration process for the Account;
7.1.3. not exceed the usage limits of the Game as set forth in Section 2 of this Agreement, and not violate in any other way the intellectual property rights of the Site in relation to the Game, in particular, the Licensee may not copy, broadcast, send, publish, and otherwise distribute and reproduce the materials (text, graphic, audio-video) contained in the Game without the written consent of the Site;
7.1.4. independently ensure the security of its accounts in the Game and prevent unauthorized use by third parties of these accounts;
7.2. the Licensee warrants that it has all the necessary authority to enter into this Agreement. In case the Licensee has not reached the legal age (18 years old) or has become fully incapacitated due to another circumstance stipulated by applicable law, they are obliged to independently obtain the necessary permission in the form required by law from their parents or other legal representatives.
8. LIMITATION OF LIABILITY
8.1 The Game and the rights to use the Game are conveyed "as is" and the Site hereby expressly disclaims all warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, suitability for a particular purpose and non-violation of intellectual property rights with respect to the Game.
8.2 The Site is not responsible for the Licensee's lack of Internet access, quality of service of the Internet service providers with whom the Licensee has agreements to provide Internet access services, which makes it difficult or impossible to use the Game or the Game Platform of the Site.
8.3 The Website does not reimburse the Licensee for the expenses related to the payment of the Reward by the Licensee, including in case of suspension or termination of this Agreement on any grounds, unless otherwise expressly provided by the applicable law.
8.4 The Site shall not be liable for any direct or indirect damages incurred by the Licensee or any other third parties as a result of:
8.4.1. the use or inability to use the Site's Game Platform;
8.4.2. unauthorized access of any third parties to the Licensee's personal information, including the Licensee's account, the Licensee's business account;
8.5. In any circumstances, the Website's responsibility to the Licensee is limited by the amount of 10 000 (ten thousand) rubles, unless otherwise is expressly provided by the applicable legislation.
8.6. The Website shall not be obliged to provide the Licensee with any evidence, documents or other information, indicating the Licensee's violation of the terms of the Agreement, which resulted in the suspension or termination of this Agreement.
9. TERRITORY AND DURATION OF THE AGREEMENT
9.1 The Licensee has the right to use the Game in the ways described in this Agreement on the territories where it is available as part of the normal gameplay using standard computer tools and programs within the functionality of the Site's Games Platform.
9.2. This Agreement takes effect on the date you provide your consent to it online or via e-mail, and shall remain in force until terminated in accordance with the terms of Sections 9.3- 9.4.
9.3 Unless otherwise expressly provided by applicable law, the Site may unilaterally and extrajudicially terminate this Agreement at any time without notice to Licensee, without explaining the reasons, and without refunding any costs, losses or refunding the Remuneration received under the Agreement, including in case of:
9.3.1. termination of the Game placement on the Site's Game Platform;
9.3.2. any, including a single violation of this Agreement or the Rules of the Game by the Licensee.
9.5. the Licensee agrees and fully acknowledges that all exclusive rights to the Game, including game characters, game items and accessories, game coins, in-game values, graphics, photographs, animations, video images, video clips, sound recordings, sound effects, music, text content of the Game and other components of the Game, belong to the respective rightholders.
9.6. the Licensee understands, accepts, and agrees that any element of the Game, in particular any game characters, is a component of the Game as a computer program and is protected by copyright. Although the Licensee is granted the right to use activated data and commands, and may be granted the right to use non-activated data and commands, and in the course of using the Game is permitted to manage such game characters, including the development of such characters according to the Game scenario, such management and development of a character is not and cannot be considered under any circumstances as a transfer and/or assignment of the exclusive right with respect to that game character from the Site to the Licensee. Nor shall such management and development of a character constitute or be deemed to constitute the Licensee's authorship of the Game Character and/or the Licensee's and the Game Owner's co-authorship in respect of the Game Character.
9.7. this Agreement does not provide for the assignment of any exclusive rights or the granting of an exclusive license to any components of the Game from the Site to the Licensee, the assignment of the rights to use the Game by the Licensee.
9.8. in case the Licensee is prohibited by the laws of his state to use computer games online or there are other legal restrictions, including restrictions on the age of admission to such software, the Licensee may not use the Game. In this case, the Licensee is solely responsible for the use of the Game on the territory of its state in violation of local law.
9.9 This Agreement may be amended by the Site without any prior notice. Any changes in the Agreement made by the Site unilaterally shall enter into force on the date of publication of such changes in the Internet on the Site, unless otherwise is specified in the Agreement. Licensee undertakes to independently examine the Agreement for changes. The Licensee's failure to review the Agreement and/or the amended version of the Agreement may not serve as the basis for the Licensee's failure to perform its obligations and the Licensee's failure to comply with the restrictions set forth in the Agreement.
9.10. Invalidity of one or more provisions of the Agreement, duly recognized by a valid court decision, shall not entail invalidity of the Agreement as a whole for the Parties. In case of invalidation of one or more provisions of the Agreement in accordance with the established procedure, the Parties undertake to perform their obligations under the Agreement as close as possible to those implied by the Parties when entering into and/or amending the Agreement.
9.11. This Agreement and the relationship between the Parties in connection with this Agreement and the use of the Game are governed by the laws of the Estonia.
9.12. all disputes between the parties under this Agreement shall be resolved by negotiations using the mandatory pre-trial (claim) procedure. If the parties cannot reach an agreement through negotiations within sixty (60) calendar days from the date of receipt by the other Party of a written claim, the consideration of the dispute shall be transferred by any interested party to the court at the location of Masd Game, unless otherwise expressly provided by the current legislation of the Estonia.
Date of publication: 31.12.2021
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