- “Amended on March 21, 2018”
1. General provisions.
- 1.1. The present Terms of Service, hereinafter – the “Terms”, is the Agreement that governs the relations between a sole-proprietor Herdel Serhii Viktorovych, registered and acting under the laws of the Ukraine, hereinafter – the “Administrator” and You, hereinafter – “You” and/or the “User”, individually referred to as a “Party”, and collectively as the “Parties”, with respect to the use of mobile application for devices under the operating system iOS and/or Android “Dota Slash”, hereinafter – the “Game”. The present Terms are the public offer.
PLEASE, READ THESE TERMS
- 1.2. The User shall be recognized to be any physical person within any country with an access to the Game by way of the Internet and a device.
- 1.3. When using the Game, besides the present Terms, You may be subject to the action of any additional published guidelines or rules applicable to specific services and functions that may from time to time be published online (hereinafter – the “Guiding principles”).
- 1.4. You understand and agree that by downloading, installing, receiving access and/or using the Game in general and/or any materials and components of the Game (text, graphic, other audio and/or visual data), You enter into the agreement between You and the Administrator concerning Your use of the Game. The present Terms are legally binding for the User and the Administrator. You give unconditional consent that before using the Game You read, understood, agree to comply with the present Terms and carry responsibility for their breach, non-compliance, and/or partial breach and/or defective performance (hereinafter – “Breach”). If You do not agree with the present Terms, do not download, install and use the Game.
- 1.5. You shall use the Game for personal non-commercial use only, comply with the present Terms, do not breach the present Terms, do not violate the rights and legal interests of the Administrator and/or other users and/or third parties.
- 1.6. When posting comments, You shall undertake to abstain from placement of information, in text or any other form, that humiliates the honor and dignity, violates rights and freedoms of other users and/or third parties, stirs up interreligious interracial or interethnic hostility, contains obscene words, knowingly false or defamatory information, violates intellectual property rights of third parties or in any other way violates the present Terms.
- 1.7. Hereby you give you consent to receive information materials, advertisements, push notifications from the Administrator in any non-prohibited way, at any time, as well as via the email address, the User’s phone number indicated when authorizing in the Game, or in another way provided to the User by the Administrator.
2. The use of the Game.
2.1. Application instructions of the Game.
- 2.1.1. Application instructions of the Game are available on a separate page. Please, BE SURE TO review Application instructions of the Game.
2.2. The Use of the Game by under aged and blocked persons.
- 2.2.1. The Game is inaccessible for people under the age of 14 years. If you are at the age from 14 to 18 years (or from 14 years to the age of consent in the country of domicile), You can use the Game only under control of parents or legal custodian (trustee), which in this case agree to obtain the present Terms and be responsible for its breach. If parents or legal custodians (trustees) do not agree with the present Terms, they shall encourage You not to download, install and use the Game.
- 2.2.2. The Game is also inaccessible for users that were blocked by the Administrator and/or any other persons that are prohibited to have an access to the Game according to the Ukrainian legislation or any other applicable jurisdiction.
- 2.2.3. BY DOWNLOADING, INSTALLING AND USING THE GAME IN GENERAL AND/OR ANY MATERIALS AND COMPONENTS OF THE GAME (text, graphic, any other audio or visual data) YOU CONFIRM THAT YOU ARE AT LEAST 14 YEARS, YOU ARE LEGALLY CAPABLE, YOU ARE NOT UNDER GUARDIANSHIP IN ANY FORM AND YOU ARE NOT BLOCKED USER WITH PROHIBITED ACCESS TO THE GAME ACCORDING TO THE LEGISLATION OF UKRAINE OR ANY OTHER JURISDICTION.
3. User’s account.
- 3.2. You have sole responsibility for maintaining the confidentiality of Your Profile, for limiting the access to Your device and for any action that happens to Your Profile in the Game on Your device.
- 3.3. If it is not specifically permitted in the written form by the Administrator, You can’t dispose of, sell, lease, share or grant an access to Your Profile to anyone, including, without restriction, charging fees for access to administrative rights on Your device. The Administrator reserves all available legal rights and remedies to prevent unauthorized use of the Game, including but not limited, technological barriers, IP-geolocation and directly contacting Your Internet service provider (ISP) and/or mobile communication operator (MCP) in regard to such unauthorized use.
- 3.4. If You have a reason to think that Your Profile or Your account on the Sites is no longer protected (i.e. when lost, stolen or unauthorized disclosure or use of Your profile, passwords) immediately inform the Administrator via this address: firstname.lastname@example.org.
- 3.5. You agree not to authorize with the help of someone else’s or so-called “fake” (an account that doesn’t content valid data owned by the User that is used and/or may be used to carry out illegal activity or activity that is prohibited by the present Terms, in order to conceal the identity of the perpetrator) accounts from the Sites.
- 3.6. You shall monitor the changes of the present Terms.
4. The use of devices.
- 4.1. The access to the Game requires the use of a device under the operating system iOS and/or Android with an access to the Internet. You are responsible for any Internet connection and payment of fees and charges that You perform directly and/or indirectly when accessing the Game.
- 4.2. The Administrator is not responsible for the working capacity of the Game on the device as well as the working capacity of the User’s device in general before, during and after the use of the Game by the User.
6. Modification of the present Terms.
- 6.1. The Administrator shall reserve the right to modify these Terms at his own discretion. The Administrator will notify You about such modifications by posting an updated version of the present Terms on the Internet by updating the date “Amended on”.
- 6.2. The modifications of the present Terms will apply from the date of posting them by the Administrator or notify You about them in any other way if the Administrator won’t indicate another date of entry into force of certain modifications. Your further use of the Game when the modifications will entry into force means Your submission and unconditional consent with such modifications of the present Terms. If You are not agreeing with the modification of the Terms You shall stop using the Game. Your ignorance of the present Terms does not exempt You from obligations provided by the Terms, and from responsibility for its infringement.
7. The license.
- 7.1. The Game is owned, managed and controlled by the Administrator. Unless otherwise specified, all content, information and other items in the Game, including, without restriction, marks for goods and services (trademarks) and logos of the Game, visual interface, graphic, design, information, software, computer code (including the source code and the object code), text, images, data, audio files, any other files and their choice and placement (hereinafter the following – the “Materials”), protected by corresponding rights and legislation. All of the Materials are the property of the Administrator or third-party licensor. Unless otherwise specified in the written form by the Administrator, You are granted non-exclusive (ordinary), limited license, without the right to transfer to the third parties (sublicense), for an access and use of the Game for personal non-commercial use only. The Administrator at his sole discretion may terminate the provided license at any time without any notices to the User.
- 7.2. The Administrator shall retain all of his rights that are not directly provided in the present Terms. This license does not apply to the present Terms and does not allow You to perform any of the following actions: (a) reselling or commercial use of the Game or the Materials; (b) distribution, public performance or public bringing of any Materials; (c) modification, processing or another use of any derivate of the Game or Materials and/or its parts, including binary and source code of mobile application; (d) use of any methods of data mining or other methods of collection or extraction (copying) of data; (e) any use of the Game or Materials, except for their perceived purposes. Any use of the Game or Materials without prior written permission of the Administrator, except as specially provided in the present Terms, is strictly prohibited and may breach the ownership, including the intellectual property rights or other requirements and laws. Unless otherwise specified in the present Terms, nothing shall be interpreted as to provide any rights and/or license for the objects of the intellectual property rights.
8. Prohibited use.
- 8.1. By using the Game You agree not to infringe the present Terms, any law, contract, intellectual property rights or other rights of the Administrator and/or third parties, You agree not to commit offenses and You carry an exclusive responsibility for your actions and conduct in the Game.
- 8.2. You agree to comply with the present Terms and by using the Game You oblige NOT TO:
- 8.2.1. create, transfer, share or store any materials that are inaccurate, illegal, that violate the rights, offensive, obscene, pornographic, that violate the confidentiality, threat or for other reasons violate the rights, honor and dignity of the Administrator, other users and/or third parties;
- 8.2.2. impersonate yourself as any other individual or legal entity, falsely declare to belong to any individual or legal entity, or resort to accounts of other users without permission, or perform any other fraudulent activity;
- 8.2.3. propose unsolicited commercial offers, advertisement, offer or send spam to other Users of the Game, including, inter alia, unsolicited advertising materials, a bulk newsletter of commercial advertising, message chain, informative announcements, calls for charity, application for signatures or other actions concerning shares, lotteries, competitions and other similar activities;
- 8.2.4. find or collect e-mail addresses or another contact information of the users of the Game, or personal information about users or third parties without their permission;
- 8.2.5. discredit, abuse, stalk, threat or cheat the Administrator and/or other users of the Game;
- 8.2.6. delete, circumvent, disable, damage or in another way influence over security-related functions of the Game, that prevent or limit use and copying of any Materials available in the Game, functions that prevent the use of the Game or removal of notifications about copyrights and other ownership rights to the Game;
- 8.2.7. exercise reverse engineering, decompile or dismantle or in any other way attempt to detect the source code of the Game or its parts;
- 8.2.8. modify, adapt, translate or create derivative objects based on the Game or its parts;
- 8.2.9. spread viruses or malicious codes through the Game or with the help of the Game, adware, spyware, coder for extraction (mining) any type of cryptocurrencies or any other code, software;
- 8.2.10. receive an access to the Game with the help of any robot or another automated tool for any purposes, or circumvent any measures that the Administrator may use to prevent or limit an access to the Game;
- 8.2.11. interfere, hinder or harm the efficiency of the Game or Game’s servers, or networks that are connected to the Game; use the Game in a way that can prevent, violate, adversely affect or prohibit another users to use the Game, or can damage, disable or overload the Game’s functioning in any way.
- 8.2.12. use or try to use another user’s account without his or the Administrator’s permission;
- 8.2.13. indicate in any manner that You have commercial relationship or partnership with the Administrator or that the Administrator approved or chose You, or another products or services for any purposes;
- 8.2.14. use the Game for any illegal purpose or in violation of local, state, national or international law or regulation, including, inter alia, laws regulating intellectual property rights and other ownership rights, data protection and confidentiality.
9. Marks for goods and services (trademarks) and logos.
- 9.1. Dota Slash and any other name of the Game, logo or slogan used by the Administrator, and appearance of the Game, including all page headings, user’s graphic, icons of buttons and scripts are the property of the Administrator and can’t be used by You in whole in part for any product or service that is not the Game, in any way that causes confusion among consumers or in any way humiliating or discrediting the Administrator and/or third parties. Any use of marks for goods and services (trademarks) and logos shall be done with the Administrator’s prior written consent and comply with any recommendations and manuals that the Administrator may propose from time to time.
- 9.2. All other marks for goods and services (trademarks) and logos, images in the Game are the property of their corresponding owners, including but not limited Dota 2, logo Dota 2 and/or Defense of the Ancients are marks for goods and services (trademarks) and logos of Valve Corporation and/or registered marks for goods and services (trademarks) and logos of Valve Corporation. A link in the Game to any products, services, processes and another information on tradenames, marks for goods and services (trademarks) and logos, manufacturers, suppliers either does not mean or does not imply any approval, sponsorship or recommendation concerning them or any other affiliation or connection.
10. Materials of third parties.
- 10.1. The Administrator can post in the Game the materials of third parties, including but not limited to an advertisement. Such materials are objects of intellectual property rights of third parties and they are protected in accordance with laws and rules of applicable to the present Terms legislation. Therein, the Administrator doesn’t control, support or carry responsibility for any third-parties materials and doesn’t make any statements or assurances concerning the materials of third parties, including, with no restrictions, their accuracy, completeness or user’s expectations. Remember, that the Administrator doesn’t create the materials of third parties, doesn’t update or follow them, thereby excluding his responsibility concerning the materials of third parties.
- 10.2. You are solely responsible for determining whether You want to receive an access or use websites or apps of third parties that refer to the Game. The Administrator doesn’t control and support such websites or apps, or information, materials, products or services containing on such websites or in apps or accessible through them, doesn’t make any statements or assurances in regard to them. Besides, Your use of advertisement that may be in the Game or participation in advertisers’ promotions is solely between You and such advertiser. An access and use of websites and apps of third parties, including information, materials, products, and services available on the websites or through the apps is solely performed at Your request and under Your responsibility.
- 12.1. In case of breach of the present Terms, the breaching Party carries responsibility in accordance with the current law applicable to the Terms.
- The party responsible for the infringement shall be liable to pay documented damages to another Party.
- 12.2. The access to the Game is provided “as it is” and the Administrator doesn’t give any guarantee and/or its assurance.
- 12.3. Hereby You understand and agree that the Administrator is not responsible to you for any posted not by the Administrator in the Game content. Including but not limited to the following: texts and comments, images, advertisements, and any other information posted in the Game by third parties.
- 12.4. The Administrator is not responsible for any technical issues or other problems of any phone networks or services, computer systems or providers, computer or phone equipment, software, e-mail or scripts server failure due to technical reasons beyond the control of Administrator.
- 12.5. The Administrator is not responsible compliance of the Game in whole or in part to the Users’ expectations, accurate and continuous work of the Game, the User’s profile safety, and the User’s damages incurred due to technical failure of hardware or software.
- 12.6. You are fully responsible for the safety of Your Profile and account on the Sites, and for the damages that may occur due to loss or unauthorized use of Your Profile and/or Your account on the Sites. The Administrator is not responsible and doesn’t pay for any damages incurred due to unauthorized use of Your Profile and/or account by third parties. All actions performed by the user authorized through Your account on the Sites are regarded as actions performed by You. You are fully responsible for all actions performed by an authorized person on Your behalf.
- 12.7. Under no circumstances the Administrator is not responsible to the Users or any third parties for any direct, indirect, accidental damage, including loss of benefit or lost data, the harm of honor, dignity or business reputation, caused by the use of the Game. In any case the Parties agree that the amount of the Administrator’s losses to the User for any violation related to the use of the Game is limited by the Parties to the amount equivalent to EUR 1 000,00 (One thousand euros zero euro cents) in national currency of the country of the User’s registration at the official rate of the corresponding national (central) bank on the date of submission of the claim for compensation of damages.
- 12.8. The Administrator is not responsible for Your breach of rules and conditions of the present Terms and reserves the right at his own discretion and in case of receiving the information from any third parties about your breach of rules and conditions of the present Terms, or rights and interests of third parties, modify (moderate) or delete any data that you publish.
- 12.9. In case of submission of the complaints by third parties to the Administrator related to the use of the Game, You shall regulate such complaints on Your own and at Your own expenses in order to reduce the risk of loss and proceedings.
- 12.10. Inaction by the Administrator in case of Your breach of the present Terms doesn’t deprive the Administrator of the right to take the necessary actions in order to protect his rights and legal interests later, and also doesn’t mean the Administrator’s abandonment of his rights in case of performing such or similar conditions and breach of other clauses of the Terms.
13. Dispute and the applicable law.
- 13.1. The present Terms and the relationship between You and the Administrator is regulating and interpreting in accordance with the legislation of Ukraine.
- 13.2. Issues which are not regulated by the present Terms shall be solved in accordance with the legislation of Ukraine.
- 13.3. The Parties to the present Terms shall submit to exclusive jurisdiction of the courts of Ukraine if the dispute related to the present Terms and/or the Game occurs.
- 13.4. The Parties agreed that all disputes arising from the relationships between Parties and regulated by the current Terms should be resolved at the competent court at the Administrator’s location with mandatory compliance with the pre-court dispute settlement procedure. The Parties understand and agree that the pre-court dispute settlement procedure on disputes related to the technical issues in the Game is mandatory when Parties bring the matter before the court.
14. Other conditions.
- 14.1. If for various reasons separate paragraphs of the present Terms are invalid or void, it has no effect on validity or applicability of other paragraphs of the Terms.
- 14.2. For any complaints, questions or offers concerning the application of the Game, You can address the Administrator by e-mail address: email@example.com. When addressing the complaint to the Administrator You shall provide the documents confirming such complaint and indicate your data in the Game.
- 14.3. If the Administrator doesn’t realize failed to provide compliance with any right or provision of the present Terms, it is not abandonment from such right or clause. Any abandonment from any provision of the present Terms will apply only in a written form and signed by the Administrator.
- 14.4. The present Terms and other rights and licenses provided in accordance with the present Terms can’t be transferred by You to the third parties, but can be transferred (assigned) by the Administrator to any third parties without limitations. Any assigns made in breach of the present Terms are invalid.
- 14.5. Upon expiration of the present Terms any provision of the Terms which, in its legal nature, should or could be valid, remains valid for 3 (three) years from the date of expiration of the present Terms.
- 14.6. The present terms are a complete agreement between You and the Administrator concerning Your use of the Game and/or the Administrator’s services related to the Game, and will not be modified by You otherwise than in written form, signed by You and the Administrator. The present terms may be modified unilaterally by the Administrator as indicated in paragraph 6 above.
- 14.7. You confirm that the present Terms are fair, You understand the significance of Your actions when reviewing the present Terms, and also confirm that the Terms are read carefully, each and every paragraph is understood, and there are no complaints.