Terms of Service
Last Update: February 7, 2022
Previous versions: before February 7, 2022
Table of Contexts:
1. Introduction
2. Amendments to the Terms of Service and Other Sites
3. Warranties
4. Disclaimer
5. Account
6. Intellectual Property Rights
7. Rules and Code of Conduct
8. User Generated Content
9. Virtual Goods, Purchases, Billing
10. Epilepsy Warning
11. Game Community
12. Consumer Rights
13. Termination of the Terms of Service
14. Assignment of the Terms of Service
15. Built-In Tracking Features
16. Dispute Resolution
17. Contacts, Emails, and Notifications
1. INTRODUCTION
1.1 These terms of service (hereinafter, the “Terms of Service”) is the legal agreement that governs the relationship between You (as the user of certain services) (hereinafter, “You” in all forms) and SCOREWARRIOR LIMITED (HE348535), whose principal place of business is at: 16 Spyrou Kyprianou Avenue, Divine Clock Tower, 1st floor, 3070 Limassol, Cyprus (hereinafter, the “Company” and/ or “we” in all forms) in relation to:
1. our online game Total Battle and its localized versions Triumph: Dawn of Power and Триумф: Рождение империй (hereinafter, the “Game”). The Game is available through the following means:
a. our website totalbattle.com and/or triumph.totalbattle.com (hereinafter, the “Site”);
b. our mobile application of the Game (hereinafter, the “Mobile Application”);
c. our downloadable clients of the Game: Desktop client and Steam™ client (hereinafter, the “Game client”);
d. our Game in Facebook™ App center (hereinafter, the “Facebook™ App”);
2. any other services we may provide to You in relation to the Game in accordance with these Terms of Service, including, but not limited to, support service and premium service (hereinafter collectively, the “Services”).
1.2 BY REGISTERING FOR THE GAME THROUGH THE SITE, GAME CLIENT, FACEBOOK™ APP OR THE MOBILE APPLICATION, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD ACKNOWLEDGE AND ACCEPT THESE TERMS OF SERVICE, PRIVACY POLICY, END-USER LICENSE AGREEMENT, PAYMENT POLICY, REFUND POLICY, AND OTHER COMMUNITY RULES (BOTH LATTER AVAILABLE THROUGH THE SITE, GAME CLIENT, FACEBOOK™ APP, AND MOBILE APPLICATION). ALL MENTIONED POLICIES AS WELL AS THESE TERMS OF SERVICE ARE SUBJECT TO THE GENERAL DATA PROTECTION REGULATION 2016/679. IF YOU ACCESS THE SERVICE FROM A SOCIAL NETWORKING SITE, SUCH AS FACEBOOK, YOU NEED TO ACCEPT THEIR TERMS OF SERVICE AS WELL AS OURS. If You do not agree to the Terms of Service, the applicable Privacy Policy, or additional terms and conditions, do not to use the Service.
1.3 ALSO BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE REACHED THE AGE OF 16. REGISTERING IN THE GAME AND CREATING AN ACCOUNT IS NOT PERMITTED TO PERSONS THAT HAVE NOT REACHED THE AGE OF 16, OVER WHICH IS ALLOWED TO ENTER INTO BINDING AGREEMENT WITH US. IF YOU ARE UNDER THE AGE OF 16, PLEASE DO NOT REGISTER IN THE GAME. BY READING AND ACCEPTING THE PRIVACY POLICY AND THESE TERMS OF SERVICE, YOU CONFIRM THAT YOU ARE AGED 16 YEARS OR OVER.
WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION ABOUT PERSONS UNDER THE AGE OF 16 IN CASES WHERE WE CAN CONTROL IT. FOR EXAMPLE, IT IS NOT POSSIBLE TO CONTROL INFORMATION THAT IS COMMUNICATED TO US ONLINE. IN ANY EVENT, IF WE FIND THAT WE HAVE COLLECTED ANY PERSONAL INFORMATION FROM A PERSON UNDER THE AGE OF 16 (IN ACCORDANCE WITH ARTICLE 8 OF THE REGULATION), WE WILL DELETE THE INFORMATION FROM OUR RECORDS IMMEDIATELY AND WE WILL TERMINATE THE ACCOUNT (IF ANY). IF YOU BELIEVE WE MAY HAVE COLLECTED INFORMATION FROM A PERSON UNDER THE AGE OF 16, PLEASE CONTACT US.
1.4 You are not allowed to accept these Terms of Service if:
a. You are not lawfully entitled to use either the Site, the Game client, the Mobile Application, Facebook™ App, the Game and/or the Services under any law applicable in the country in which You are located or residing;
b. You are not of the legal age to form a binding agreement with us;
c. You do not agree to these Terms of Service;
d. We have previously banned You from using our Services.
2. AMENDMENTS TO THE TERMS OF SERVICE AND OTHER SITES
2.1 Please kindly note that from time to time we may need to amend these Terms of Service, Privacy Policy and/EULA/ Payments Policy, Refund Policy or Community Rules and Code of Conduct, available on the Site, in order (including but not limited) to:
a. reflect changes in the applicable law;
b. reflect changes in the composition / content of the Game and/or the Services;
c. reflect changes in the way, how we collect, use and store Your personal information (in any case ensuring compliance with the applicable data protection law);
d. make sure that the Community Rules protect interests of the community of the users of the Game
2.2 The latest versions of these Terms of Service, Privacy Policy and Community Rules are always available on the Site, Game client, Facebook™ App, and the Mobile Application. If we make any amendments in these Terms of Service, Privacy Policy and Community Rules, we will give You a reasonable notice. However, we strongly advise You to check for updates independently each time You use the Game or the Services either through the Site, Game client, Facebook™ App, or the Mobile Application. Additionally, we highly recommend You print copies of these Terms of Service, Privacy Policy and Community Rules for Your records. You are bound by any changes to these Terms of Service, Privacy Policy and Community Rules when You use the Service after such changes have been first posted. If at any point You do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or any other policy, rules, or codes of conduct relating to Your use of the Service, You should not accept them, and You will not be able to use our Game or any other related services.
3. WARRANTIES
We warrant that we have the right to enter into these Terms of Service and grant You the license to use the Game and the Services through the Site, the Game client, Facebook™ App, and the Mobile Application according to these Terms of Service, Privacy Policy, and Community Rules.
4. DISCLAIMER
4.1 Please be aware that the use of the Game and the Services shall be at Your own sole risk. The Game and the Services are provided on the “as is” and “as available” basis. We assume no liability and provide no warranties of any nature thereof, including, but not limited to, the implied warranties of merchantability and fitness for any particular purpose.
4.2 Please note that, by accepting these Terms of Service, You are automatically accepting the Privacy Policy, End User License Agreement, Refund Policy, and Payment Policy of the Company, which are the integral part of these Terms of Service and which contain additional information on the relative subjects that should be read and acknowledged by the User.
4.3 The Company shall not be liable for any delay or failure of the Game and/or the Services, resulting from the causes outside the reasonable control of the Company, including, without limitation, any delay or failure of the Game and/or the Services due to unforeseen circumstances or causes beyond the control of the Company, including, among others, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes or shortages of transportation facilities, fuel, energy, any other resources or materials or labor.
Additionally, we do not guarantee that:
a. the Game and/or the Services will meet Your expectations and/or requirements;
b. the quality of any products, services, information, or other materials purchased or obtained by You through or in any relation to the Game or the Services will meet Your expectations and/or requirements;
c. the Game and the Services will be uninterrupted, timely, virus-free, error-free or such defects will ever be corrected;
d. the use of the Game and/or the Services will be absolutely secure.
To the fullest extent permitted by applicable law, in no event shall the Company be liable to You for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Game and/or the Services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Game or the Services by any third party, (vi) any loss of Your data or content; (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages; and/or (viii) the disclosure of information pursuant to these Terms of Service or Privacy Policy.
4.4 We are constantly working on further development of the Game and the Services in order to make the gameplay enjoyable for You. This means that from time to time we introduce upgrades and improvements in the gameplay, features, graphics, technical infrastructure, etc. We do not guarantee that such upgrades and improvements will not change Your experience of using the Game and/or the Services.
4.5 Please note that our Game is a work of fiction. All names, characters, places, events, and incidents in the Game are used in a fictitious manner. Our primary priority is to respect equally the rights and dignity of all human beings, irrespective of nation, race, culture or religious, sexual orientation or gender identity. Therefore, any resemblance to real world events or people is purely coincidental and bear no reference to any nation, race, culture or religious, sexual orientation or gender identity. Our Game is available in countries all over the world, and it is important for our players of all backgrounds to feel safe and comfortable on our platform.
4.6 PLEASE NOTE THAT DOWNLOADING OR ANY OTHER OBTAINMENT OF ANY MATERIALS WHILE USING THE GAME AND/OR THE SERVICES SHALL BE DONE ON YOUR OWN SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, INSTALLED SOFTWARE AND/OR OPERATION SYSTEMS AND/OR ANY LOSS OF DATA THAT MAY RESULT FROM OBTAINING ANY SUCH MATERIALS.
5. ACCOUNT
5.1 In order to use the Game and the Services, You have to create an account (hereinafter, the “Account”). By using Your Account, You may access the Game and Your progress in the Game through the Site, Game Client, Facebook™ App, and the Mobile Application.
For creating the Account, You will need either an active email address or Facebook™ profile. During the Account registration process, You will be also required to provide additional information, which You must provide truthfully and accurately. Details about the information You are requested to provide, how we process, use and store it are set in the Privacy Policy. You acknowledge and agree that You have no ownership or other property to the Account. All rights to the Account are and will only be owned by and to the benefit of the Company.
5.2 You are not permitted to share Your Account with anyone. You are not permitted to sell or transfer Your Account to anyone. You must keep all information relating to Your Account confidential. At no time should You disclose Your Account ID or password to anyone. This includes Your friends, children, spouses, co-workers, etc. In case You grant access to Your Account to third parties, You will still be solely responsible for all actions carried out by these third parties, including any purchases, loss, service charges, or other changes to Your Account, whether or not performed and authorized by You.
You are responsible for keeping Your Account secure from third parties. Under no circumstances should You disclose the password from Your Account to third parties. You must ensure that You secure Your Account, computer, mobile phone, or other device from a third party.
Note that our representatives, including the support team, will never ask You for Your Account password.
Please notify us immediately if any of the following occurs:
a. any unauthorized use of Your Account;
b. any hacking tools have been used or might be used in relation to either the Game, the Account, or the Services.
We have the right to suspend Your Account following the receipt or a reasonable suspicion of any legal notice addressed to You or us in connection to Your Account and/or Your activities; or in case of any legal proceedings commenced by You against us.
5.3 Please note that additional information on the processing of user data by the Company is contained in the Privacy Policy as stated in Article 1 above, and the Privacy Policy forms an integral part of these Terms of Service.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Intellectual Property is a term which gives the creator certain exclusive rights to a distinct type of creative design, literary and artistic works, symbols, names, and images. The Site, the Game client, the Mobile Application, the Game, and Facebook™ App contain a lot of different materials and assets, including, but not limited to, technology, software, interfaces, design, forum posts, chat posts, profiles, messages, links, e-mails, graphics, texts, images, videos, sounds, and music (hereinafter collectively, the “Content”). The Content and all intellectual property rights connected thereto (hereinafter, the “IP Rights”) are owned by us (or by our affiliates and partners as applicable). You agree that the IP Rights in the Services are licensed, not sold to You, and that You have no rights other than the right to use the Services in accordance with the terms and conditions of these Terms of Service.
6.2 As long as these Terms of Service are in force between You and us, we grant You a personal (meaning that You may not use the Content for any commercial purpose), limited (meaning that You can only use the Content for the purposes we set out in these Terms of Service), non-exclusive (meaning that we can grant the same and similar licenses to other people as well), non-transferable (meaning that the license is only for Your benefit and You may not transfer or sub-license any of the rights that we grant to You to any other person), non-sublicensable, revocable (meaning that we can terminate this license in certain circumstances, which are explained further below) license so that You can access, view, and use the Game and/or Services.
6.3 You must not download (except as part of the proper use or operation of the Game or the Services), copy, edit, publish, post, distribute, print, reproduce, modify, adapt, transfer, disseminate, remove, obscure, pattern, lease, sell, transmit, rent, copyright, trademark, or make any commercial use of any content (fully or partially) available in the Game, on the Site, in the Game client, in the Facebook™ App, in the Mobile Application, or the Services, unless we expressly authorize You to do so in writing.
6.4 The Service is protected by copyright laws throughout.
6.5 If You copy or download any part of Trademarks in breach of these Terms of Service, Your right to use the Services will stop immediately, and You must return or destroy any copies of the materials You have made. All title, rights, and interest in and to the Service (including, without limitation, any games, titles, computer code, concepts, characters, character names, artwork, animations, stories, dialog, themes, objects, catch phrases, sounds, musical compositions, audio-visual effects, moral rights, documentation, methods of operation, in-game chat transcripts, character profile information, recordings of games played using a Company’s Game client, and the Company’s Game clients and server software) are owned by the Company. If at any time a violation of the above mentioned is performed, then it will result in the immediate revocation of Your limited license and may subject You to liability for violations of law.
6.6 We do not guarantee that any of the Content will be available at all times, in all countries, and/or all geographic locations, or at any given time or that we will continue to offer any particular Content for any particular period of time.
6.7 We may have to change or update the Content from time to time.
7. RULES AND CODE OF CONDUCT
7.1 When You access and use the Game and the Services You agree to comply with the Rules and Code of Conduct included in the Community Rules and with the following requirements:
a. You will not attempt to obtain login information or access another user’s Account without permission or collect or harvest personal information from other users.
b. You will not exploit, distribute, or publicly inform other users of any error, miscue, or bug of the Game, 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.
c. You will not harass, threaten, or bully any other users nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, libelous, racially, religiously, sexually or pornographic or illegal content, or content that infringes or violates the rights of someone else, including the Company’s employees, the Company’s customer service representatives, or impersonate any other person.
d. You will not organize hate groups or use or promote hate speech.
e. You will not use the Game or the Services 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).
f. You will not use the Game for performing services for payment, such as leveling up or item collection services.
g. You will not scan, explore, and test the Game software to detect, discover, and identify the possible bug or vulnerability therein.
h. You will not use or design, publish, and propagate any unauthorized third-party software, plug-in, cheating tool, system exploits, automation software, bots, hacks, or mods not developed by the Company that are designed to modify or interfere with the Game experience.
i. You will not copy, modify, add, delete, mount-run, or create any derivative work from the Game software or the data released to the RAM of any terminal device during the running of the software, or the interactive data between the client terminal and the server terminal during the running of the software, or the system data necessary for the running of the software, in such ways including, but not limited to, using plug-in, cheating tool, or unauthorized third-party tool/service to access the software and related systems.
j. You will not modify or forge any instructions and data during the running of the software, add, delete, or change the function or operation result of the software, or operate and propagate relevant software or method which can be used to achieve the above-mentioned function, no matter whether or not the above actions are conducted for commercial purpose.
k. You will not remove or obscure any proprietary notices within the Game.
l. You will not disrupt or attempt to disrupt the Game or any other person’s use or enjoyment of the Game.
m. You will not attempt to gain unauthorized access to the Game, to Accounts registered to others, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.
n. You will not use any service or software that accesses, intercepts, “mines,” or otherwise collects information from the Game or that is in transit from or to the Game.
o. You will not make any automated use of the Game or take any action that imposes an unreasonable burden on our infrastructure.
p. You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data from the Game.
q. You will not improperly use our support services, including by submitting false reports.
r. Except where permitted by law or relevant open source licenses, You will not modify, reverse engineer, decompile, disassemble, decipher the Game software or otherwise try to derive the source code the Game and other confidential contents, including, but not limited to, the Game elements that are not yet voluntarily published by the Company as a public presentation but have already been sealed in the Game installation package.
s. You will not copy, modify, or distribute content from the Game, except as specifically authorized by us.
t. 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. Furthermore, You will not use the Services for any unlawful purpose or in any manner inconsistent with these Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system.
u. You will not create an Account if You are under the age of 16.
v. You will not act or allow any behavior that violates the rules of the Third-Party Platform, provided that the access to the Service made through such a platform.
w. You will not create an Account using a false identity or information, or on behalf of someone other than Yourself.
x. You will not have an Account or use the Service if You have previously been removed by the Company, or previously been banned from playing our Game.
y. You will not collect or harvest any information about other users.
z. You will not make unauthorized transactions of Virtual Goods with other users or obtain Virtual Goods or Game Services from third parties by purchasing, accepting gifts or otherwise, without our permission.
aa. You will not use features of the Site or Service for anything other than their intended purpose.
ab. You will not interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or through any Third-Party Platforms.
ac. You will not abuse any payment providers systems for the purpose of purchasing or refunding Virtual Goods for fraudulent purposes, including instances where the permission of the authorized owner is not granted, or in instances where the use of such systems by the user indicates suspicious activity. Refund abuse is considered a violation of out Terms of Service, and we enforce anti-fraud security measures in order to prevent such behavior, e.g. using automatic tools to permanently suspend Accounts that have been detected to commit such activities.
ad. You will not breach any term of these Terms of Service or violate any provisions of national and/or international laws or regulations.
ae. You will not engage in any other prohibited conduct.
The list above is not exhaustive and cannot provide You with the full list of requirements due to the permanent development of the Game and its functionality. We reserve the right to determine what conduct it considers to be in violation of the Terms of Service.
7.2 Taking into consideration the constant development of the Game and the environment it operates in, for the reasons of safeguarding the idea behind the Game and the comfort of the Users of the Game, as well as for the reason of preserving the common morally established norms of behavior, the Company is entitled to take the following measures against the Accounts of the Users that fail to comply with these Rules and Code of Conduct depending on the severity of the circumstances and may publish the results:
a. issuance of a warning by the Company; and/or
b. temporary or permanent suspension of Your Account in the future. Account suspension does not grant You the right for any refunds and/or compensations even if at the time of the suspension You have had any unused Virtual Goods. You acknowledge and agree that, in case of temporary suspension of Your Account pursuant to these Terms of service, we are entitled to determine the duration of the suspension based on the severity of Your violation; and/or
c. roll-back the in-game progress derived from any actions non-compliant with these Rules and Code of Conduct. Rolling back Your in-game progress does not grant You the right for any refunds and/or compensations even if at the time of the rollback You have had any unused Virtual Goods; and/or
d. filing a corresponding civil action against yourYour violation of laws and regulations, claim against You for Your infringement, breach of contract or other civil liability, and claim You for compensation over the losses suffered by the Company from Your violation of the law (including the direct economic losses, loss of reputation or goodwill suffered by the Company, and Company’s payment of compensation, settlement fees, attorney fees, litigation costs and other indirect losses), or transferring to the relevant administrative authority for administrative punishment, or transferring to the judicial authorities for pursuing Your criminal liability; and/or
e. restricting or prohibiting You from using game-specific features, including, but not limited to, making purchases in the Game; and/or
f. content reset, including, but not limited to, resetting or forcibly modifying illegal usernames, pictures, comments, and other illegal information or content that You provide or upload.
The list of the measures is not exhaustive. We reserve the right to take any other actions we consider appropriate.
In the event of a breach of any of the above, we will decide at our sole discretion what actions, if any, we will take, without being given the explanation and/or informing the appropriate authorities.
7.3 If You find something offensive or if You encounter another user who is not complying with these Terms of Service and/or the Rules and Code of Conduct, please bring it to our attention by contacting our support at support@totalbattle.com
8. USER GENERATED CONTENT
8.1 The Game and certain Services permit You to create and/or upload materials, which You have created, such as, including, but not limited to, posts, notes, sounds, images, chat messages, and profile content associated with Your Account (hereinafter, the “User Generated Content” or “UGC”).
8.2 We do not pre-screen, approve, endorse, or own Your UGC (as well as UGC of other users of the Game), which You have uploaded or made available to other users via the Game or the Services. You create, download, and use the User Generated Content at Your own risk. Still by uploading or making available Your UGC via the Game or the Services, You grant us a non-exclusive, transferable, sublicensable, worldwide, irrevocable license to store, publish, print, distribute, reproduce, copy, fix, perform, adapt, modify, transfer, and use for commercial purposes (including, but not limited to, the use in for advertisement purposes) Your UGC without any notice or further compensation to You.
8.3 We may or may not regulate the User Generated Content and do not guarantee the accuracy, quality, or integrity of any User Generated Content made available via the Service. By using the Service, You acknowledge and accept that You may be exposed to material You find offensive or objectionable.
8.4 If You upload or make available Your UGC to other users via the Game or the Services, You, among others, agree and comply to the following:
a. any part of the UGC, which comprises, incorporates, or otherwise relates to any of our IP Rights becomes and remains our property;
b. You must not upload or make available to other users any materials that belong to third parties unless You have been expressly authorized by such third parties to do so;
c. You must not upload any UGC which infringes the intellectual property rights, privacy, or any other rights of third parties or which is illegal or breaches these Terms of Service;
d. Your UGC must comply with applicable law and must not contain any materials which may be considered illegal, offensive, or defamatory towards third parties or us and/or which could cause any reputational loss or embarrassment to us;
e. except where prohibited by law, You waive and agree not to assert any moral rights or similar rights You may have in Your UGC against us;
f. You are solely responsible for Your UGC;
g. if You create and/or upload any UGC, You are responsible and liable for it. We may not bear any liability or responsibility for Your UGC, nor do we provide any support for the UGC;
h. You must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us;
i. if You contravene any of these conditions, we reserve the right to suspend or permanently remove availability of Your UGC and to take any other steps which we consider appropriate;
j. if You have an idea or information that You would like to keep confidential and/or do not want others to use, do not Make it Available on the Service. It is specifically clarified that we cannot guarantee that other Users will not use the ideas and information that You share, and we shall have no responsibility to evaluate, use, or compensate You for any ideas or information You may choose to submit. When You disclose information or rely on any information in the Forums, You do so at Your own risk;
k. the UGC You will upload will be free of viruses, adware, spyware, worm, or other malicious code;
l. we reserve the right to edit, move, block, disable, remove (temporarily or permanently), or take any other actions we consider appropriate in respect to Your UGC which we believe is against / does not fulfill any of the conditions above. We do keep records of the history of Your interactions within the Service and communications (including, without limitation, chat text), when You are using the Service. By entering into these Terms of Service, You give us Your irrevocable express consent to such monitoring and recording. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Generated Content, including, without limitation, chat text or voice communications.
9. VIRTUAL GOODS, PURCHASES, BILLING
9.1 The access to the Game and basic gameplay features is free of charge. However, the Game may permit You to purchase premium content, including, but not limited to, rights to use virtual items, access to additional features and additional in-game services (hereinafter collectively, “Virtual Goods”). Please note that You can purchase only the rights to use Virtual Goods, whilst Virtual Goods at all times remain in the property of the Company. In order to purchase Virtual Goods, when using the Game through the Site, You need the Account.
9.2 Before purchasing Virtual Goods from us, You, among other things, must ensure that:
a. You either are at least eighteen (18) years old or older if required by the applicable law or, if You are under age of eighteen (18), that Your parent or legal guardian has agreed to and accepted the respective purchase and these Terms of Service on Your behalf;
b. You or the person making the respective purchase on Your behalf is the authorized Account holder for the Account from which You or the other person is making a purchase or You or the other person is authorized to use the particular payment details (i.e. credit card);
c. all information You submit is true and accurate;
d. You agree to pay all the fees, commissions, and charges associated with Your purchase.
9.3 When making online purchases in the Games, You agree that the process of making these purchases will start immediately and accept that You will lose any right to withdraw Your purchase once the purchase is processed.
9.4 In case Your Account becomes closed, terminated, suspended, modified, or deleted for any reason, at our sole and absolute discretion, or if we discontinue our Games, You forfeit any and all Virtual Currency and Virtual Goods earned or purchased. We are under no obligation to compensate You or anyone else for any resulting losses.
9.5 The prices for Virtual Goods are set in euros, US dollars or other currency applicable to the country You are located at and are displayed either in the description of the corresponding Virtual Goods or on the “Buy” button. To make a purchase, You should click on the “Buy” button.
After clicking on the “Buy” button, You will be offered to choose a payment method and enter respective payment details. We support payments with Visa™, MasterCard™, Maestro™ debit/credit cards along with a number of other payment methods applicable to Your region.
PLEASE NOTE THAT WE DO NOT STORE ANY OF YOUR PAYMENT DETAILS ON OUR SERVERS. THE COMPANY ITSELF DOES NOT PERFORM ANY PROCESSING OF THE PAYMENTS. PROVISION OF PAYMENT PROCESSING IS PERFORMED SOLELY BY THE THIRD-PARTY PLATFORMS, SUCH AS APPLE (IOS), GOOGLE (ANDROID), DESKTOP AND STEAM CLIENT, FACEBOOK. IF YOU ARE PLAYING OUR GAMES ON SUCH PLATFORMS, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THOSE THIRD-PARTY PLATFORMS. THE CHARGING AND BILLING IN SUCH GAMES ARE SUBJECT TO RULES OF THE THOSE PLATFORMS. SCOREWARRIOR LIMITED DISCLAIMS ANY LIABILITY OF ANY NATURE FOR SUCH PLATFORMS’ ACTIONS.
IF OUR ASSOCIATE PAYMENT SERVICE PROVIDER BRINGS TO OUR ATTENTION THAT THE INFORMATION YOU PROVIDED, PERSONAL AND/OR FINANCIAL, IS UNTRUE, INACCURATE, OR INCOMPLETE, WE HAVE THE RIGHT TO ANNUL RELATED FINANCIAL TRANSACTIONS, TO REVOKE ALL ASSOCIATED SOFTWARE LICENSES ACQUIRED VIA SUCH TRANSACTIONS, AND TO REFER TO APPROPRIATE AUTHORITIES THE DETAILS OF SUCH INCIDENTS.
Before You confirm Your purchase by clicking on any button concluding the purchase process or by fulfilling another action (e.g. sending a message), You must carefully review Your purchase details, including, but not limited to, the selected payment method and total price including all applicable taxes and charges. If You find any errors, You should correct them or cancel the purchase.
PLEASE NOTE THAT WE DO OUR BEST TO PROCESS AND COMPLETE YOUR PURCHASES AS FAST AS POSSIBLE, BUT UNDER CERTAIN CIRCUMSTANCES WE MAY NEED UP TO SEVENTY-TWO (72) HOURS TO COMPLETE YOUR PURCHASE. SUCH CIRCUMSTANCES MAY INCLUDE (WITHOUT LIMITATION) YOUR INTERNET CONNECTION FAILURE AT THE MOMENT YOU MAKE THE RESPECTIVE PURCHASE, ERRORS AND/OR CONNECTION FAILURES ON THE SIDE OF THE PROVIDER OF THE PAYMENT SERVICES, ETC.
In most cases the said period of seventy-two (72) hours is enough for the payment services providers either to process Your payment (so we can complete it) or automatically refund the full price of Your purchase. In case none of the above has happened after the expiration of the said seventy-two (72) hours, please contact our support at support@totalbattle.com.
9.6 Please be aware that in respect to Virtual Goods we reserve the following rights:
a. to offer different sets and/or prices for Virtual Goods available for purchase for different users of the Game;
b. at any time in our sole discretion to modify the sets and/or prices of Virtual Goods available for any user of the Game;
c. to decline Your request to acquire Virtual Goods for any reason.
Additionally, the following rules, among others, apply to Virtual Goods:
a. Virtual Goods may be redeemed for other Virtual Goods only where permitted in the Game;
b. once You have purchased Virtual Goods, those Virtual Goods are non-refundable and non-exchangeable (whether or not You use them), unless otherwise expressly stated in these Terms of Service or required by applicable law. If You believe that You are entitled to request a Refund according to our Terms of Service, Refund Policy and Payment Policy, please contact our support team at support@totalbattle.com. Our processes are set up to ensure that all rightfully claimed refunds are granted. In order to prevent fraud, if more than one chargeback happens with respect to Your Game Account, we have the right to permanently suspend the Account;
c. any applicable fees and other charges on Your Account for Services fully provided by us are not refundable, except as set forth in these Terms of Service, or as it is required under the applicable law;
d. You cannot sell or transfer Virtual Goods to anyone, unless otherwise permitted in the Game and such actions are carried out in a special in-game interface;
f. You may only acquire Virtual Goods from us or other users of the Game via special interface inside the Game;
j. Virtual Goods cannot be exchanged for cash or any other goods or services, except other Virtual Goods as permitted in the Game.
10. EPILEPSY WARNING
10.1 Some people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching television images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If You or anyone in Your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult Your doctor prior to playing.
10.2 We advise that parents should monitor the use of the Game by their children. If You or Your child experiences any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing the Game, DISCONTINUE THE USE OF THE GAME IMMEDIATELY and consult Your doctor.
10.3 Some individuals may experience discomfort (such as motion sickness, dizziness, or eye strain) when playing the Game. If You experience such discomfort, stop playing and rest until it has subsided. Consult a doctor if the discomfort continues.
10.4 Precautions to take during the use of the Game:
a. do not stay too close to the screen. Sit a good distance away from the screen;
b. preferably play the Game on a small screen;
c. avoid playing if You are tired or have not had much sleep;
d. make sure that the room in which You are playing is well lit;
e. rest for at least 10–15 minutes per hour while playing the Game.
11. GAME COMMUNITY
11.1 At some of our Sites we expressly designate certain Content, such as Game-related images, graphics, or artwork and trademarks as being “for community use” (in these Terms of Service, we refer to this specifically designated Content as “Community Content”).
11.2 We grant You a non-exclusive, revocable, personal, non-transferable, and limited license to reproduce and redistribute Community Content on our games Community. This license is conditional upon You complying with the following provisions:
a) You acknowledge and agree that we retain ownership of Community Content and have the right to amend, delete, add to, or otherwise modify any of it at any time;
b) You agree to include the Company’s trademark, copyright, or other proprietary rights notices when displaying Community Content if we request You to do so and in the manner that we request You to do so;
c) except as expressly permitted in these Terms of Service, You shall not rent, lease, reproduce, modify, translate the Community Content, or make an adaptation of (including, without limitation, fiction or visual art), or in any way exploit any of Community Content without our express written permission.
If You fail to comply with any of the terms set out in this section, we reserve the right to terminate Your license over Community Content and to close Your Account in accordance with Section 13 “Termination of the Terms of Service.”
12. CONSUMER RIGHTS
If any of the provisions of these Terms of Service regarding the consumer rights contradict any of the provisions of the applicable consumer protection law, the respective provisions of these Terms of Service shall not be applied.
13. TERMINATION OF THE TERMS OF SERVICE
We reserve the right to suspend Your Account either temporarily or permanently for any reason. Permanent suspension will also mean that we close Your Account and terminate these Terms of Service between You and us.
If Your Account is suspended (or blocked) temporarily, You will not be able either to access Your Account or use the Game and the Services for the period of suspension.
If Your Account is suspended (or blocked) permanently, You will never be able either to access it or use the Game or any of the Services. We may also prohibit You from accessing or using the Game or any of the Services in the future.
Account suspension does not grant You the right for any refunds and/or compensations even if at the time of the suspension You have had any unused Virtual Goods.
We reserve the right to terminate any Account that has been inactive for 30 days if that Account was registered 90 days ago or more, no purchases have been made from that Account and if the User did not reach a certain level on the Game. We are under no obligation to compensate You for any such losses or results.
Additionally, we reserve the right to terminate any Account that has been inactive for 5 years even if purchases have been made from that Account and regardless of the level reached on the Game. We have no obligation or responsibility to and will not reimburse or refund You for any unused Virtual Good lost due to such termination. Upon such termination Your personal information will be destroyed, and we will not be able to restore them.
If You believe that Your Account has been suspended in error, please contact our support at support@totalbattle.com.
You may close Your Account and terminate these Terms of Service at any time without a cause by contacting our support at support@totalbattle.com.
Please note that, in case You try to communicate with our support via email, You will be prompted to complete the verification procedure whereas You select the in-game “support” button so that You can verify Your in-game identity.
As soon as the above process is completed, You will be asked to confirm the deletion of Your Account and will be notified as soon as it takes place.
Kindy note, that, in case You confirm the deletion, Your request for erasure will be processed within one month of its receipt, either for its satisfaction, rendering impossible the reactivation of Your deleted Account or to provide You with objective reasons preventing it from being satisfied, or, given the complexity of the request and the number of requests at the given time, request an extension of response for a further two months period (Article 12.3, General Data Protection Regulation).
However, if You access Your Account during these 45 days, Your Account will be reactivated.
PLEASE NOTE THAT YOUR GAME PROGRESS AS WELL AS ALL PURCHASED VIRTUAL GOODS ARE DIRECTLY LINKED TO THE EXISTENCE OF YOUR ACCOUNT. IF YOU DECIDE TO CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF SERVICE OR IF WE TERMINATE YOUR ACCOUNT FOR ANY REASON MENTIONED ABOVE, YOUR PROGRESS AND PURCHASED VIRTUAL GOODS WILL BE LOST FOREVER AND WE WILL NOT BE ABLE TO RESTORE THEM EVEN IF YOU CHANGE YOUR MIND AFTERWARDS.
In case You choose to close Your Account and terminate these Terms of Service, You will not be entitled to any refunds or compensations even if at the time of such a closure You have had unused Virtual Goods.
Upon termination of these Terms of Service, the Company will take all reasonable steps to destroy or de-identify Your personal information. You acknowledge that some information about You may be retained where required by applicable law or for data back-up purposes.
14. ASSIGNMENT OF THE TERMS OF SERVICE
14.1 You may not assign any rights or obligations under the Terms of Service or Policies without our prior written consent, and any unauthorized assignment and delegation by You is ineffective.
14.2 We, on the other hand, can assign or delegate these Terms of Service and/or other Policies, in whole or in part, to any person or entity at any time with or without Your consent.
15. BUILT-IN TRACKING FEATURES
We need to have a built-in tracking system / features which help us improve our services, In order to collect information on how You use the Games. But we track only Your game activities and nothing outside the Games.
16. DISPUTE RESOLUTION
16.1 These Terms of Service are governed by the laws of Cyprus and EU Law.
In the event of any controversy or claim arising out of or relating to these Terms of Service, including their existence, validity, termination, or breach thereof, we and You shall consult and negotiate with each other and thus attempt to reach a satisfactory solution. If a satisfactory solution is not reached in mutual negotiations, the dispute shall exclusively be settled by the courts of general jurisdiction of Cyprus in accordance with the laws of Cyprus and EU Law.
16.2 For disputes arising between us and You or any other user of the Game and not settled in mutual negotiations, You and we agree that we can only bring a claim against each other on an individual basis. Neither You nor we can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.
17. CONTACTS, E-MAILS, AND NOTIFICATIONS
17.1 Please address all Your questions, complaints, or comments regarding these Terms of Service to our Support team at support@totalbattle.com.
Please note that we are always looking forward to providing support to You in relation to technical problems / difficulties that You may encounter while using the Game. However, please be aware that the technical support is available solely during the working hours of the technical support team and might take extra time to revert back to Your query, whereby the technical support might not meet Your expectations.
17.2 Please note that we may occasionally send You the emails with offers, promotions, and/or information of interest. To opt out from receiving the emails from us, please follow the unsubscribe instructions contained in the relevant emails or contact us at support@totalbattle.com. Our applications may also send notifications to Your phone.