Definitions
Company – LLC "CYBERSHOKE". Within this Agreement, the Company acts as the licensor.
User – an individual who has the necessary rights to enter into this Agreement, who is granted the right to use the Platform within the framework established by this Agreement. Within the Agreement, the User acts as the licensee.
Website - CYBERSHOKE and its subdomains.
Platform – a term that refers to both collectively and separately: the Website, software, game service, and each of the Games hosted on the Website and available to Users, all their functionality, as well as components and elements of the Website, each software, game service, and each of the Games hosted on the Website.
Game - an online computer game, which is a computer program consisting of data, commands, and audiovisual displays created by it, activated sequentially for the User to achieve a certain result provided by the Game scenario (data and commands), without payment (activated data and commands) or after making a license payment (non-activated data and commands). The Game also includes game servers, game chat, store, databases, and other Company resources related to the Game. To enter the Game, the User reproduces a set of data and commands on their computer ("client part of the Game", if provided by the functionality), and a set of other data and commands (including non-activated ones) or all data and commands, except for the client part of the Game, are placed by the Company on its servers.
Client part of the Game – software necessary for the User to participate in the Game, which is installed by the User on their personal computer or other technical device necessary to use the Game.
Non-activated data and commands - rights provided by this Agreement to use data, commands (in-game currency, in-game items), activated sequentially for the User to achieve a certain result provided by the Game scenario, acquired by the User after making a license payment established by the Company. These rights can be obtained by the User from the Company for completing in-game tasks and in other cases in the manner established by the Game rules.
In-game currency - non-activated data and commands intended exclusively for use in the Game to gain access to additional Game functionality by exchanging them for in-game items or prizes.
Game Rules – a document that establishes the rules for the User's use of individual Games. Game Rules are located at: CYBERSHOKE.
Account - a User's account containing User data and providing access to the Platform, User information, settings, game values, statistical indicators, and other similar information.
License payment – an amount established for the Company's provision to the User of rights to use non-activated data and commands within the framework established by this Agreement.
Store – a section of the Platform where the User can acquire non-activated data and commands, as well as Goods.
Goods – material things of the real world offered by the Company for purchase to Users exclusively for personal needs not related to entrepreneurial activities, the assortment and characteristics of which are presented in the store.
1. General Provisions
- The User has the right to enter into an Agreement with the Company exclusively by adhering to its terms.
- The moment of conclusion of this Agreement is the moment when the User accepts the terms of the Agreement. The actual use of the Platform by the User, entering the Game through the Company's server, or using the Platform in any other way means the User's acceptance of the Agreement's terms and is equivalent to the conclusion of this Agreement between the User and the Company. The Company has the right to require the User to confirm familiarization with the terms of the Agreement by checking the appropriate box/checkbox, or by other means not contradicting the current legislation of the Russian Federation.
- The User has the right to use the Platform and its functionality, as well as to access the Game, only through their account on the Steam platform (operated by Valve Corporation and/or its affiliated persons). The Company does not administer such a User account and does not store personal data of Users specified by them during registration on the Steam platform.
- Access to the User's Account is carried out by specifying the login and password of the account on the Steam platform. The "login-password" combination is the key to a simple electronic signature and allows considering actions performed by the User as performed by them personally.
- The terms of the Agreement apply to all Games and services as long as they are present on the Platform and available for use.
- The use of the Platform is carried out by Users under license. No rights in relation to the Platform (including in relation to Games and gameplay) are transferred to the User, and no condition of the Agreement should be interpreted as a condition for the transfer (sale) of any rights to Users, except for cases where Users acquire ownership rights to prizes by exchanging in-game currency for them in accordance with the terms of the Rules for exchanging in-game currency for prizes.
2. Exclusive Right
- Source and object code, gameplay, user interface, graphic images, photographs, animations, illustrations, skins, video images, video clips, sound recordings, sound effects, music, textual content and content of the Game, structures, databases, articles, tables, diagrams, logos, trademarks, design, forms, services, layout, graphic, derivative, composite and other works and objects of intellectual property all together and/or separately, contained on the Platform, in the Game, as well as any other elements of the Game are objects of intellectual property or contain objects of intellectual property, the exclusive right to which belongs to the Company or third parties (their legal rights holders).
- Any part and any element of the Game, including Non-activated data and commands, are an integral part of the Game and are protected by intellectual property legislation.
- The exclusive right to Non-activated data and commands belongs to the Company.
- Granting the right to use the Game, Non-activated data and commands cannot be regarded as a transfer or assignment of the exclusive right to them from the rights holders to the User.
- All trademarks placed on the Platform belong to their legal rights holders.
- Intellectual rights to materials posted by the User in the Game (hereinafter - Materials) containing the results of intellectual activity belong to the User who created them or other legal rights holders. The right to free use of Materials that are objects of intellectual property and contain the results of intellectual activity is granted to the Company in the form of a simple (non-exclusive) license to use such Materials from the moment of placement (publication) by the User of these Materials in the Game/on the Platform without the Company's obligation to pay copyright or other remuneration, without providing reports and without limitation on the term, territory and methods of use, including the right to make such Materials available to the general public without mentioning the author's name or other counter obligations.
- By posting Materials, the rights to which do not belong to the User, they guarantee the Company that they will reimburse any of its losses and costs associated with claims against the Company from the rights holders of such Materials.
- In case of illegal use/placement by the User of Materials, the rights to which do not belong to them, in the Game and/or on the Platform, the User undertakes to independently bear responsibility for the use of these Materials to their rights holders.
3. License Terms
- The subject of the Agreement is the provision by the Company to the User, on the terms of a simple (non-exclusive) license, of rights to use the Game, activated and non-activated data and commands within the framework established in this Agreement.
- The User receives rights to use: – The client part of the game and activated data and commands free of charge; – non-activated data and commands - on a paid basis (after making license payments).
- The terms of the Agreement apply to Users located on the territory of the Russian Federation.
- This Agreement begins to operate from the date of the User's accession to its terms and continues to operate until its termination in accordance with the conditions specified in section 17 of the Agreement.
- The license to use non-activated data and commands is valid from the moment the User receives the right to use non-activated data and commands, specified in clause 4.5 of the Agreement, until the end of the term of this Agreement, and when paying for a subscription - until the end of the subscription period, unless otherwise provided by the Game scenario or was not stipulated when the User acquired the right to use non-activated data and commands or does not follow from the nature of such non-activated data and commands themselves.
- The User does not provide the Company with reports on the use of the Platform without the Company's request.
4. Non-activated Data and Commands
- The exclusive right to Non-activated data and commands belongs to the Company. Users are provided with the opportunity to acquire the right to use non-activated data and commands for use in the Game on the terms of a simple (non-exclusive) license.
- By receiving the right to use Non-activated data and commands, the User receives the right to use the extended functionality of the Game, conditioned by the functionality of such non-activated data and commands.
- Non-activated data and commands are an element of the Game. The User has the right to use non-activated data and commands only for the purposes and within the limits established by the Company and brought to the User's attention when acquiring rights to Non-activated data and commands.
- Obtaining the right to use specific Non-activated data and commands is possible only by exchanging them for in-game currency in the Game. The amount of in-game currency required to exchange for the right to receive specific Non-activated data and commands is established by the Company unilaterally and is indicated in the Store.
- The right to use specific Non-activated data and commands is granted to the User from the moment the User's Account has the ability to use specific Non-activated data and commands in the Game.
- The User agrees that the Game is not a gambling game, a game for money, a contest, or a bet. The acquisition of Rights to Non-activated data and commands is the realization of the User's own conscious will and desire and is not a necessary or mandatory condition for using the Game or Platform.
5. License Payments, In-game Currency
- The User pays remuneration (license payments) to the Company if they want to receive the right to use Non-activated data and commands in the Game.
- License payments are made by the User by transferring funds in favor of the Company through available payment methods, the list of which is indicated on the Platform.
- The amount of the license payment for a specific volume of rights to use Non-activated data and commands is indicated in the Store and/or on the Platform.
- In some cases, the operator of the payment system through which the User makes License payments may charge a commission. The User agrees that when making a payment through some payment systems, the final amount of the fee may differ from the amount of the license remuneration established by the Company.
- When making payments, the User undertakes to comply with the terms and requirements of payment systems and the payment rules established by the Company. The Company is not responsible for the rejection of the User's payment by decision of the payment system operator or as a result of an error by the payment system operator.
- The User undertakes to provide accurate data when making payments. The User independently bears all risks of negative consequences associated with providing incorrect data when making a payment.
- When making a payment, the User confirms that they have the right to use the payment methods and means chosen by them, does not violate the rights of third parties and legislation, otherwise, the User undertakes to compensate the Company, and/or other third parties for all losses incurred by them in connection with the User's improper behavior, including the use of funds that do not belong to them.
- The User is granted the right to use Non-activated data and commands only if the User makes the corresponding license payment in full. At the same time, until receiving confirmation of the license payment, the Company has the right not to grant the User the right to use Non-activated data and commands, or to provide them in a limited volume.
- The volume of the User's rights to receive Non-activated data and commands is displayed in the User's Account in the form of in-game currency after they make license payments.
- The Company's obligation to provide rights to use Non-activated data and commands is considered fulfilled from the moment the corresponding volume of in-game currency appears in the User's account. In-game currency appears in the User's Account after the Company receives information about the payment from payment systems.
- The amount of license remuneration may be changed by the Company unilaterally at any time without prior notice to the User, and in the case of license remuneration paid periodically (subscription) – the Company is obliged to warn the user 30 (thirty) calendar days before changing the tariffs.
- The User can obtain rights to use Non-activated data and commands only by exchanging in-game currency for them.
- The Company does not exchange/return rights to use Non-activated data and commands (including, does not exchange/convert in-game currency) for cash or non-cash funds, unless otherwise expressly established by the Agreement.
- The Company does not reimburse the User for expenses associated with making license payments.
- If such a possibility is provided by the functional capabilities of the Game, the User has the right to gift/transfer rights to in-game currency and other Non-activated data and commands to other Users in the Game.
- Payment of remuneration (license payments) is not a necessary condition for the User to use the Platform or participate in the Game and is carried out by the User voluntarily at their own desire.