Terms of Service

Last update: August 30, 2023

Previous versions: before August 30, 2023

Introduction
Amendments to the Terms of Service and Other Websites
Warranties
Indemnification
Disclaimer
Account
Intellectual Property Rights
Code of Conduct
User-Generated Content
Virtual Goods, Purchases, Billing
Modifications to the Application
Updates to the Game
Epilepsy Warning
Game Community
Consumer Rights
Third-Party Services
Termination of the Terms of Service
Assignment of the Terms of Service
Built-in Tracking Features
Dispute Resolution
Class Action Waiver
General
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 the company 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:

1.1.1. Our online game Total Battle (hereinafter the “Game”). The Game is available via the following means:

a. Our website totalbattle.com (hereinafter the “Site”).

b. Our mobile application of the Game (hereinafter the “Mobile Application”).

c. The downloadable clients of the game: the desktop client and the Steam™ client (hereinafter the “Game Client”);

d. Our game in the Facebook™ App Center (hereinafter the “Facebook™ App”);

1.1.2. 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 services and premium services (hereinafter collectively the “Services”).

1.2. By registering for the game through the website, game client, Facebook™ app, or the mobile application, You represent that You have read, understood, acknowledge, and accept these Terms of Service, the Privacy Policy, the End-User Licence Agreement, the Payment Policy, the Refund Policy, and other rules, including but not limited to event and community rules (both of the latter are available via the website, game client, Facebook™ app, and mobile application) (hereinafter the “Policies”). 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 via a social networking site, such as Facebook, or a third-party platform, You need to accept their Terms of Service and policies as well as Ours. If You do not agree to the Terms of Service, the Policies, or any additional terms and conditions, do not use the service.

1.3. Also, by accepting these Terms of Service, You acknowledge and agree that You have reached the age of 18 or the age of legal capacity as stipulated by applicable local law, or if You are under the age of 18 or the age of legal capacity as stipulated by applicable local law, that Your parent or legal guardian has reviewed and agrees to these Terms of Service and the Privacy Policy and that he or she assents to these Terms of Service on Your behalf and takes full responsibility for Your compliance with them. Registering in the Game and creating an account is not permitted to persons who have not reached the age of 18 or the age of legal capacity as stipulated by applicable local law, over which You are permitted to enter into a binding agreement with Us unless You have viewed these Terms of Service with Your parent or legal guardian and they have agreed to these Terms of Service on Your behalf and they take full responsibility for Your compliance with them. If You are under the age of 18 or the age of legal capacity as stipulated by applicable local law, and You don’t have the consent of Your parent or legal guardian, please do not register in the Game. By reading and accepting the Privacy Policy and the present Terms of Service, You acknowledge, represent, and agree that You have reached 18 years of age or the age of legal capacity as stipulated by applicable local law or that You have Your parent or legal guardian’s permission. You shall not create an account or access the services at all if You are under the age of 13.

1.4. We do not knowingly collect personal information about persons under the age of 18 or under the age of legal capacity as stipulated by applicable local law in cases where We can control it. For example, it is not possible to control information that is communicated to Us online.

1.5. If We are informed by a parent or legal guardian that their child has misrepresented their age when registering for Our game or services and the child has provided Us with personal information, we will delete the information from Our records immediately, and We will terminate the account (if any), provided We have information that satisfies Us that the individual filing the report is indeed the parent or guardian of the child in question. At Our sole discretion, We reserve the right to request proof of age (for example, We may request Your month and/or year of birth) or consent from a parent or legal guardian at any time, and We may block users if We suspect they are under the applicable age, in which case We will promptly delete all data collected from the child from Our records. Failure to comply with this condition will result in the account being closed and all virtual goods (as defined below) that were acquired through the use of the Game being lost. If You are a parent or guardian and believe We have collected Your child’s information in violation of applicable law, please contact Us.

1.6. 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, the Privacy Policy, the EULA, the Payments Policy, the Refund Policy, Event or Community Rules, and the Code of Conduct, which are 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 in which We collect, use, and store Your personal information (ensuring compliance in all cases with applicable data protection law);

d. make sure that the Community Rules protect the interests of the community of users of the Game.

2.2. The latest versions of these Terms of Service and the Policies are always available on the Site, in the Game Client, on Facebook, and in the Mobile Application. If We make any amendments to these Terms of Service and/or the Policies, We will give You 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, the Game Client, Facebook, or the Mobile Application. Additionally, We highly recommend that You print copies of these Terms of Service and the Policies for Your records. You are bound by any changes to these Terms of Service and the Policies 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 and/or the Policies, or the 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

3.1. We warrant that We have the right to enter into these Terms of Service and grant You a 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 and the Policies.

4. INDEMNIFICATION

4.1. You agree that You are responsible for Your use of the Game and to indemnify, defend, and hold the Company and its parents, subsidiaries, affiliates, officers, employees, officers, agents, partners, licensors, and other representatives (if any) harmless from any losses, costs, liabilities claims, damages, actions, demands, or expenses, including reasonable attorneys’ fees, due to or arising out of or in connection with Your: (a) omissions and/or negligence to act or negligent conduct or misuse in relation to Your use or alleged use of the Game; (b) violation of these Terms of Service or any agreements by You referenced herein or any law or regulation; or (c) violation of any right of a third party including but not limited to any users; (d) use of a third-party service; (d) user-generated content and suggestions.

4.2. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You agree that You will fully cooperate with the Company in asserting any available defences. You will not in any event settle any claim without Our prior written consent. You agree that the provisions in this section will survive any termination of Your Account, these Terms of Service, or Your access to the Service.

5. DISCLAIMER

5.1. 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 to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, assumes no liability and expressly disclaims all warranties of any nature thereof, whether express, implied, statutory or otherwise, with respect to the Game, including but not limited to all implied warranties of merchantability, fitness or suitability for any particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Game will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

5.2. Please note that by accepting these Terms of Service, You are automatically accepting the Privacy Policy, End User Licence Agreement, Refund Policy, and Payment Policy of the Company, which form an integral part of these Terms of Service and which contain additional information regarding the related topics that should be read and acknowledged by the user.

5.3. The Company shall not be liable for any delay or failure of the Game and/or the Services resulting from 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, 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.

5.4. 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 via 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, and/or error-free, or that such defects will ever be corrected;

d. the use of the Game and/or the Services will be absolutely secure.

5.5. Without limiting the foregoing, neither SCOREWARRIOR LIMITED nor any of SCOREWARRIOR LIMITED’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Game, or the information, content, and materials or products included therein; (ii) that the Game or content provided through the Game will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Game; (iv) that the Game, its servers, its content, or any e-mails sent from or on behalf of SCOREWARRIOR LIMITED are free of bugs, viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components that may be transmitted to it through the Game by any third party; or (v) that any defects in the Game can or will be corrected. No oral or written statement or advice provided by the Company nor any authorized representative shall create a warranty. You understand and agree that You use the Game at Your own risk and that You will be solely responsible for any damage to Your property or loss of data that results from the use of the Game.

5.6. Some countries, states, or jurisdictions do not allow the exclusion of or limitations on implied warranties or limitations on applicable statutory rights, so some or all of the above exclusions and limitations may not apply to You. In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

5.7. To the fullest extent permitted by applicable law, in no event shall the Company or its affiliates or its suppliers be liable to You in any way for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever in connection with these Terms of Service or the Game, including but not limited to damages for loss of profits, for loss of data or content or other information, for damage caused by downloading or using the Game, for any errors, mistakes, or inaccuracies of content, for any interruption or cessation of transmission to or from our servers, for business interruption, for lack of functionality of the Game, for product liability, for any claim that the Game fails to conform to any applicable legal or regulatory requirements, claims arising under consumer protection or similar legislation, claims that the software infringes a third party’s intellectual property rights, for personal injury, for property damage of any nature whatsoever resulting from Your access to and use of the Game, for loss of privacy arising out of or in any way related to the use of or delay or inability to use the Game, third-party software, and/or third-party hardware used with the Game, for 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 otherwise in connection with any provision of these Terms of Service or the Game, even if the Company or any supplier or affiliate has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

5.8. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

5.9. We are constantly working on further developing the Game and the Services in order to make the gameplay enjoyable for You. This means that from time to time, We may introduce upgrades and improvements to the gameplay, features, graphics, technical infrastructure, etc. We don’t guarantee that such upgrades and improvements won’t change Your experience of using the Game and/or the Services.

5.10. 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 equally respect the rights and dignity of all human beings, irrespective of nation, race, culture or religion, sexual orientation, or gender identity. Therefore, any resemblance to real-world events or people is purely coincidental and bears no reference to any nation, race, culture or religion, sexual orientation, or gender identity. Our game is available in countries all over the world, and it’s important that Our players, regardless of their backgrounds, feel safe and comfortable on Our platform.

5.11. Please note that downloading any materials or obtaining them by any other means while using the game and/or the services shall be undertaken at Your own sole risk. You will be solely responsible for any damage to Your devices, installed software, and/or operating systems, and/or any loss of data that may result from obtaining any such materials.

6. ACCOUNT

6.1. 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.

6.2. In order to create an Account, You will need either an active email address or a 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 Your data are outlined in the Privacy Policy. You acknowledge and agree that You have no ownership or intellectual or other rights to Your Account. All rights to Accounts are and will only be owned by and to the benefit of the Company.

6.3. 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, losses, service charges, or other changes to Your Account, regardless of whether or not they were performed and authorized by You.

6.4. You are responsible for keeping Your Account secure from third parties. Under no circumstances should You disclose Your Account password to third parties. You must ensure that You secure Your Account, computer, mobile phone, or other devices from third parties. You undertake to monitor Your Account to restrict use by minors, and You will deny access to any person other than Yourself. You accept full responsibility for any unauthorized use of Your Account by minors or any other third party, and You acknowledge that You are responsible for any use of Your credit card or other payment or settlement systems or devices (e.g., PayPal) by minors or any other third party.

6.5. Please note that Our representatives, including Our 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 have been used in relation to either the Game, Your Account, or the Services.

6.6. We have the right to suspend Your Account following the receipt of any legal notice addressed to You or Us in connection to Your Account and/or Your activities, or in case there is a reasonable suspicion of the commencement of any illegal activities and/or any activities that contradict Our Terms of Service, EULA, Privacy Policy, Refund Policy, and Payment Policy in connection to Your Account, or in case of any legal proceedings commenced by You against Us. Account suspension doesn’t grant You the right to any refunds and/or compensation even if at the time of the suspension You had any unused virtual goods.

6.7. We have implemented reasonable and appropriate organizational and technical measures to protect all personal data and information We collect against security risks. In case of any loss or damage arising from any unauthorized use of Your Account or any unauthorized access, use, alteration, modification, and/or disclosure of Your personal information to an extent that arises from Your own omission, negligence to act, or negligent conduct, We shall have no liability to You.

6.8. Please note that additional information regarding 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.

6.9. You do not have to pay any registration or subscription fees to create or maintain an Account, nor do We operate a recurring or subscription payment plan, whether billed monthly, quarterly, annually, or according to any other schedule.

6.10. In the course of accessing and using our Services, You may be assigned a unique Account ID and Progress ID to help identify and manage Your interactions within our Game. Additionally, You may have the opportunity to create a separate progress during certain events. Please note the following regarding these identifiers and progress records:

a. Account ID and Progress ID: Your account is assigned a unique Account ID, and each progress within Your account is also assigned a separate Progress ID. This system aims to enhance organization and clarity by distinguishing individual game progresses associated with Your account.

b. Transition of Linked Accounts: If You had previously linked accounts, these will now automatically transform into individual progresses within Your account. Linked accounts that are now progresses within the same account will remain interconnected.

c. Event Progresses: During certain events or promotions, You may have the opportunity to create additional progresses within Your existing game account. These event progresses are connected to the primary progress and do not constitute the creation of new accounts. The event progresses are separate from the main progress and will be assigned a unique “Progress ID”. Your existing progress or progresses ID and account ID will remain unchanged.

d. Account and Progress Interconnection: It is crucial to understand that the progresses within Your account are interconnected and considered integral parts of the account and adherence to the Terms of Service is required in all aspects of the game. Once the progresses become a part of Your game account, they cannot be unlinked. While You may have the ability to switch between progresses within the game, make separate purchases, and have distinct gameplay experiences, it is important to note that any actions taken against the account due to violation or breaches of our Terms of Service will have repercussions for all progresses within it. In the event of a violation from one progress, actions will be taken not against this particular progress but against the account as a whole.

e. Email Address and Data Changes: Any changes to the email address or data associated with progresses can only be made at the account level. Changes will apply universally to all progresses within the account. You will not have the option to modify the email address or data of individual progresses.

f. Deletion: You have the option to delete the entire account, but You will not be able to delete a specific progress. Deleting an account will permanently remove all associated data. When submitting a Request for Erasure, provide Your account ID, not the Progress ID.

g. Participation and Compliance: By participating in events, creating event progresses or participating in either progress, You acknowledge and agree that any violations or misconduct have repercussions for the entire game account.

h. Continuity and Account Management: After an event concludes, the closed kingdom/realm where the event progress was created may be opened, allowing You to continue playing either on the main account or the event progress. Both progresses will remain connected to each other, ensuring continuity for the players.

i. Cautionary Note: When submitting a request for the erasure of Your game account, exercise caution and ensure that Your decision aligns with Your intentions. Be certain that You are explicitly requesting the erasure of the entire game account and not solely a specific progress within it. This action is irreversible and has far-reaching implications. We encourage You to review Your request thoroughly to accurately reflect Your intentions before proceeding. Your careful consideration will enable us to provide You with the best possible support and maintain the integrity of Your gaming experience.

6.11. Collective Reference to Account and Progresses: Throughout this Terms of Service, the terms “account” and “progress” shall collectively refer to all game progresses, including but not limited to the basic progresses, linked progresses and any additional event progresses associated with a user’s game account. Any reference to “account” or “progress” in this document encompasses the entirety of the user’s game data and achievement, regardless of the specific progress being referred to. This ensures a comprehensive understanding of the user’s game experience and data across all progresses within their account. This inclusive terminology implies that any violations occurring within a progress are considered violations of both the specific progress and a broader account as a whole. All provisions outlined within the Terms of Service apply to both accounts and progresses interchangeably.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Intellectual property is a term that 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 Facebook™ App, and the Game contain a lot of different materials and assets, including but not limited to technology, software, interfaces, designs, forum posts, chat posts, profiles, messages, links, e-mails, graphics, codes, gameplay, characters, character names, artwork, user interface, texts, images, videos, sounds, and music (hereinafter collectively the “Content”). The Services, the Content, and all intellectual property rights connected thereto, including without limitation all rights, title, copyrights, patents, trademarks, trade secrets, and proprietary rights (hereinafter “IP Rights”) are and shall remain Оur sole and exclusive property (or Оur affiliates’ and partners’ property, as applicable). You agree that all rights to use 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 these Terms of Service. You agree that We own or license all of these intellectual property rights and that You may not use or exploit any of them without Our permission.

7.2. 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.

7.3. 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, host, transfer, disseminate, remove, obscure, pattern, lease, sell, transmit, rent, license, sub-license, assign, translate, copyright, trademark, make available to a third party, disclose, or make any commercial use of any content (fully or partially) that is available in the Game, on the Site, in the Game Client, in the Facebook™ App, in the Mobile Application, or in the Services unless We expressly authorize You to do so in writing.

7.4. The Service is protected by intellectual property law and other laws, including but not limited to applicable copyright laws and treaties throughout the world.

7.5. If You copy or download any part of Our intellectual property in breach of this agreement, Your right to use the Services will cease immediately without compensation being provided for any losses and/or damages, 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, dialogue, themes, objects, catchphrases, 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 You violate the abovementioned, then it will result in the immediate revocation of Your limited license without compensation being provided for any losses and/or damages and may subject You to liability for violations of law.

7.6. The following conditions, among others, apply to the availability of the Game/Content to You:

a. The Game/Content will be available to You only if it is legal for You to have access to the Content/Game in Your home country.

b. You may only acquire the Game/Content from Us.

c. The Game/Content cannot be returned and/or exchanged for cash or any other goods or services except as permitted in these Terms of Service or required under applicable law.

d. You cannot sell or transfer the Game/Content to anyone.

e. We do not guarantee that any of the Game/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.

7.7 We may have to change or update the Content from time to time.

8. CODE OF CONDUCT

8.1.1. When You access and use the Game and the Services, You agree to comply with all laws, rules, and regulations in the jurisdiction in which You reside, with the Rules of Conduct included in the Events and Community Rules, and with the following behavioral rules (the “Code of Conduct”):

a. You will not create an Account if You are under the age of 18 or the age of legal capacity as stipulated by applicable local law unless you have viewed these Terms of Service with your parent or guardian and they have agreed to these Terms of Service on your behalf and they take full responsibility for your compliance with them.

b. You will not create an Account if you are under the age of 13.

c. You will not harass, threaten, harm, ridicule, stalk, intimidate, incite, harass, abuse, insult, or bully any other person or group, nor will you post, submit, or transmit any abusive, threatening, bullying, harassing, insulting, obscene, defamatory, offensive, hateful, disparaging, libelous, racial, religious, sexual or pornographic, violent, abhorrent, or illegal content, or content that infringes or violates the rights of another group or person, including another player, the Company’s employees, or the Company’s customer service representatives.

d. You will not organize or attempt to organize hate groups or use or promote hate speech.

e. You will not use rude, offensive, abusive, or profane language.

f. You will not threaten, condone, perform, promote, or attempt to promote any illegal acts or acts of violence or self-harm.

g. You will not post or submit any content that is racist or offensive to any ethnicity, nationality, religion, culture, gender identity, or sexual orientation or that disparages anyone based on their mental or physical ability, appearance, or any other personal trait, or post any information that contains a link to such content.

h. You will not make any derogatory comments based on race, ethnicity, nationality, religion, gender identity, or sexual orientation.

i. You will not discuss or post material related to any religious, political, social, or illegal topic or to any other divisive topic or content that may cause offense or portray any religious and political figures.

j. You will not post any content that has been written with the sole purpose of provoking or promoting toxic behavior or political/geopolitical agendas within Total Battle by the use of letters, words, numbers, symbols, emblems, figures, or names which cause the segregation of the community/users based on race, country, nationality, or religion.

k. You will not use political beliefs or passions of any kind to express hatred of another person including but not limited to another player, the Company’s employees, and/or the Company’s customer service representatives.

l. You will not create or attempt to create nicknames, groups, or organized communities of users that are connected in any way with organizations that violate or have violated any applicable laws or regulations, including but not limited to direct or indirect references to Nazi symbols, abbreviations, and well-known leaders.

m. You will not create or attempt to create a negative environment for other player(s), the Company’s employees, or the Company’s customer service representatives.

n. You will not spam/post same-topic content multiple times, repost content that has been removed from the Game, or post nonsensical messages in the Game and in-game chats, including but not limited to using caps lock.

o. You will not promote or advertise other games in in-game chats.

p. You will not discuss decisions taken or sanctions applied by moderators or the administration in in-game chats.

q. You will not be rude to, abuse, threaten, or use offensive or abusive language in Your communications with the Company’s employees and customer service representatives. If You do, in addition to any other actions We may take according to these Terms of Service, We may restrict Your ability to contact Us by email or refuse to provide You with any further customer support.

r. You will not provoke or encourage other users to take any actions that are against the interests of the Company, the Company’s employees, or the Company’s representatives or that could cause loss to the Company or be considered as a threat to the Company, including but not limited to encouraging other users not to participate in the Game or in Game-related events and/or not to make any in-game purchases.

s. You will not attempt to obtain another user’s login information or access another user’s Account. You are not permitted to access another user’s Game Account, even with the relevant user’s permission.

t. You will not collect, harvest, or attempt to collect or harvest any information about other users.

u. You will not post or share the full names of users without their consent or attempt to obtain, phish for, harvest, or reveal any account details, passwords, or other personal information about another person or Yourself. You will not post or share false information about another person, share logs of private conversations, or infringe anyone’s privacy, or defame another person.

v. You will not discuss, post, or share with other users in any way Your communication with the Total Battle administration or the Total Battle team.

w. You will not play or attempt to play using another person’s Account and identify yourself under the name of that person.

x. You will not impersonate any person, business, or entity. You will not falsely indicate that You are an employee or a representative of the Company, use a name that is falsely indicative of an association with the Company, communicate in a way that makes it appear that the communication originates from the Company, misrepresent Your affiliation with any person or entity, or engage in fraudulent, deceptive, or misleading practices.

y. You will exercise reasonable care in safeguarding Your Account against any unauthorized access by third parties.

z. If You suspect that Your account has been compromised and/or that a third party has gained unauthorized access to Your Account, You should immediately report Your suspicions to Our customer support service. Therefore, complaints regarding compromised Accounts with incidents that are not reported within a reasonable timeframe will not be accepted, as any attempt to manipulate the system for refunds or any other purpose is a strict violation of Our Terms of Service. Nonetheless, an internal investigation will be initiated to check whether the Account has indeed been compromised or not.

aa. You will not exchange or attempt to exchange Accounts with other users.

bb. You will not buy, rent, lease, sell, trade, sub-license, gift, bequeath, or otherwise transfer or share Your Account with anyone, or provide access to Your Account to another user, or accept a transfer of an Account from another user.

cc. You will not attempt to buy, rent, lease, sell, trade, sub-license, gift, bequeath, or otherwise attempt to transfer or share Your Account with anyone or attempt to provide access to Your Account to another user or accept a transfer of an Account from another user.

dd. You will not access or attempt to access or use an Account that has been rented, leased, sold, traded, sub-licensed, gifted, bequeathed, or otherwise shared by or transferred from the Account creator.

ee. You will not attempt to gain unauthorized access to the Game, to Accounts registered to other people, or to servers or networks connected to the Services by any means other than the user interface provided by the Company, including by circumventing or bypassing, attempting to circumvent or bypass, or encouraging or assisting any other person to circumvent or bypass any robot exclusion headers or security mechanisms for the Game.

ff. You will not create or attempt to create an Account using a false identity or information or on behalf of someone other than Yourself. You will not use or attempt to use bots or other automated software programs for fraudulent purposes or in a manner that otherwise violates these Terms of Service or the terms of service of any third-party applications or social networks through which the Game can be accessed.

gg. You will not create an Account or use the Service if You have previously been removed by the Company or banned from playing Our Game.

hh. You will not discuss or advertise the sale, exchange, or transfer of accounts, in-game resources, or virtual goods from one user to another or any other way to improve in-game progress without the normal use of the Game’s mechanics in all channels of communication, including but not limited to in-game chat messages and comments within community groups.

ii. You will not make or attempt to make available any cheats or other methods designed to enable the accumulation, selling, or trading of virtual goods.

jj. You will not carry out or attempt to carry out unauthorized transactions of virtual goods with other users in a manner that violates these Terms of Service, including transferring virtual goods to other individuals, selling or re-selling virtual goods, or fraudulently obtaining or acquiring virtual goods or game services from third parties by purchasing them, accepting gifts, or by any other means, without Our permission.

kk. You will not sell or transfer or attempt to sell or transfer virtual goods to anyone in exchange for cash.

ll. You will not acquire or attempt to acquire virtual goods from anyone in exchange for cash. You may only acquire virtual goods from Us or other users of the Game via the special interface within the Game.

mm. Virtual goods cannot be exchanged for cash or any other goods or services, except other virtual goods as permitted in the Game.

nn. You will not use or attempt to use the Game for the purpose of performing in-game services, such as leveling up or item collection services, in exchange for payment outside the Game.

oo. You will not abuse any payment provider’s 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 these 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.

pp. You will not use or attempt to use the Game or the Services for any unauthorized commercial purpose, including but not limited to advertising, soliciting, or transmitting any commercial advertisement or unauthorized communications (such as chain letters, junk email, “spam” or other repetitive messages, or any materials that promote malware, spyware, and/or downloadable items to anyone).

qq. You will not use or attempt to use features of the Site or Service for anything other than their intended purpose.

rr. You will not use or attempt to take advantage of any flaws in the Game for personal gain, chargeback dispute exploitation, or refund exploitation.

ss. You will not engage in or attempt to engage in any fraudulent activity with respect to payment methods, including but not limited to credit card scams or credit card misappropriation.

tt. You will not use or attempt to use Our Services to build any service or game that may disadvantage or compete with Our Services or assist another person in building a service or game that would disadvantage or compete with Our Services.

uu. You will not exploit, distribute, or publicly inform other users of any error, miscue, or bug in the Game that provides an unintended advantage or allows for the impersonation of another person, including by means of automated collection mechanisms, such as clear graphics interchange formats (“gifs”), cookies, or similar technology.

vv. You will not scan, explore, or test the Game software or Our Services to detect, discover, and/or identify a possible bug or vulnerability therein or breach the security mechanisms of Our Services to get an advantage in the Game.

ww. You will not use, design, publish, discuss, propagate, become involved in, or take advantage of, or attempt to use, design, publish, discuss, propagate, become involved, or take advantage of 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, disrupt, or interfere with the Game experience. If You suspect that a cheat or hack exists, contact Our support team and provide the necessary information.

xx. You will not copy, modify, add, delete, mount-run, or create any derivative work from the Game software, the data released to the RAM of any terminal device during the running of the software, the interactive data between the client terminal and the server terminal while the the software is running, or the system data that is necessary for the software to run by any means, including but not limited to using a plug-in, cheating tool, or unauthorized third-party tool/service to access the software and related systems.

yy. You will not modify or forge any instructions or data while the software is running. You will not add, delete, or change any of the software’s functions or operational results or operate and/or propagate any relevant software or methods that can be used to achieve the above mentioned function, regardless of whether or not the above actions are conducted for commercial purposes.

zz. You will not use or attempt to 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.

aaa. You will not make any automated use of the Game or take any action that imposes or may impose an unreasonable burden on Our infrastructure.

bbb. You will not use any software, technology, or device to send content or messages, to scrape, spider, or crawl the Game, or to harvest or manipulate data from the Game.

ccc. 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 via any third-party platforms.

ddd. You will not create, use, facilitate, promote, or maintain any unauthorized connection to the Game, including but not limited to any connection to any unauthorized server that emulates or attempts to emulate any part of the Game or any connection using programs, tools, or software not expressly approved by Us.

eee. You will not copy or adapt the Game’s software.

fff. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the Game servers.

ggg. You will not cause disruption to, modify, or damage or attempt to disrupt, modify, or damage any Account, system, hardware, software, or network that is connected to or provided by the Company for any reason, including for the purpose of gaining an unfair advantage in the Game.

hhh. You will not modify or cause to be modified any files that are a part of the Services in any way not expressly authorized by the Company.

iii. You will not access, tamper with, or use or attempt to access tamper with, or use, Our computer systems, Our provider’s technical delivery systems, or areas of Our Services that are not available to the public.

jjj. You will not use or attempt to use any unauthorized third-party programs, including mods, hacks, cheats, scripts, bots, trainers, and automation programs that interact with Our Services in any way, for any purpose, including any unauthorized third-party programs that intercept, emulate, or redirect any communication relating to Our Services and any unauthorized third-party programs that collect information about Our Services by reading areas of memory used by Our Services to store info.

kkk. You will not in any way abuse or attempt to abuse the Game mechanics and/or Game features and/or bypass or attempt to bypass the Game mechanics and/or Game features for any purpose other than their intended purpose.

lll. You will not copy, modify, or distribute or attempt to copy, modify, or distribute content from the Game, except as specifically authorized by Us.

mmm. You will not fail to observe the rules set by the administration during a Game event. You will not use any Game mechanics/features that, according to the rules, You are not permitted to use, even if using those game features/mechanics is technically possible at the time. Rules issued by the administration form an integral part of Our Terms of Service, and not adhering to them is considered a violation of Our Terms of Service.

nnn. Except where permitted by law or relevant open source licenses, You will not modify, reproduce, distribute, publicly display or perform, translate, deconstruct, reverse engineer, decompile, disassemble, or decipher the Game software or otherwise try to derive the source code of the Game and/or other confidential contents, including but not limited to Game elements that have not yet been voluntarily published by the Company as a public presentation but have already been sealed in the Game installation package.

ooo. You will not remove or obscure any proprietary notices within the Game.

ppp. You will not disrupt or attempt to disrupt the normal flow or usage of the Game, in-game chat, or any other person’s use or enjoyment of the Game.

qqq. You will not improperly use Our support services, including by submitting false reports.

rrr. You will not advocate, promote, encourage, refer to, or otherwise facilitate any illegal behavior, including but not limited to the use of tobacco, alcohol, or 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 or encourage other users to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any related operating system.

sss. You will not provoke, encourage, or enable other users to violate any clause within these Terms of Service or the Total Battle Policies or to violate any provisions of national and/or international laws or regulations.

ttt. You will not violate any rights of any party including privacy and publicity rights, or any intellectual property rights (copyrights, trademarks, patents, or trade secrets).

uuu. You will not participate in any action that we reasonably believe does or may defraud any other player, including by means of scamming or social engineering.

vvv. You will not act or allow any behavior that violates the rules of a third-party platform, provided that access to the Service is acquired via such a platform.

www. You will not breach any clause in these Terms of Service, the EULA, the Privacy Policy, the Payment Policy, and the Refund Policy. In addition, You will not facilitate activity that infringes the rights of any third party or violate the provisions of any applicable national and/or international laws or regulations.

xxx. You will not do anything to bring the Company into disrepute.

yyy. You will not engage in any other prohibited conduct.

The above list is not exhaustive and does not represent a full list of requirements due to the ongoing development of the Game and its functionality. We reserve the right to determine what conduct We consider to be in violation of the Terms of Use and also to take whatever disciplinary measures We see fit, including Account termination and deletion, regardless of whether a specific behavior is listed in the Code of Conduct as inappropriate. We reserve the right to modify this Code of Conduct at any time.

The requirements apply when You access and use the Game and the Services and also to all channels of communication, including but not limited to in-game chat messages, as well as messages and comments within community groups.

8.1.2. In addition to the rules/requirements presented herein, when You access and use the Game and the Services, You agree to comply with the following requirements in connection with nicknames/usernames, clan names and descriptions, avatars, and signatures. You will not use nicknames/usernames, clan names and descriptions, avatars, and signatures that:

A. contain insulting, abusive, offensive, defamatory, vulgar, obscene, sexual, violent, unreadable, sexually explicit, racially, ethnically, or otherwise objectionable content, personal attacks, or profanity, including in an abbreviated form;

B. relate to drugs, sex, alcohol, or criminal activity;

C. belong to another person with the intent to impersonate that person;

D. are comprised of gibberish;

E. that contain letters, words, numbers, symbols, emblems, figures, or names that promote or represent political or geopolitical agendas that could cause the segregation of the community based on race, country, nationality, or religion;

F. express political beliefs or passions of any kind to express hatred toward another person or a group of people.

G. contain derogatory comments based on race, ethnicity, nationality, religion, gender identity, or sexual orientation or discriminatory propaganda of any level;

H. contain content that is racist, nationalistic, or offensive toward any ethnic, national, religious, cultural, or racial group or that disparages anyone based on their mental or physical ability, appearance, or sexual orientation, or any other personal trait;

I. make reference or relate to any cultural, historical, or political figure who generally provokes negative feelings in the majority of people;

J. make reference to or relate to members of terrorist organizations;

K. contain reference to religions or religious leaders/figures/beings/deities that may cause offense;

L. contain letters, words, numbers, symbols, emblems, figures, or names connected with organizations that violate or have violated any applicable laws, regulations, and rules, including but not limited to using different variations of Nazi symbols, styles, or abbreviations or the ranks and/or surnames of Nazi leaders;

M. infringe the intellectual property rights of any third party (e.g., that contain copyrighted or trademarked content) or refer that illegal substances or their use or to any other illegal activities, or that in any way breach these Terms of Service, Our game policies, or any provisions of national and/or international laws or regulations.

N. are a misspelling or an alternative spelling in order to circumvent the requirements in connection with nicknames/usernames, clan names and descriptions, avatars, and signatures.

The above list is not exhaustive and does not represent the full list of requirements due to the ongoing development of the Game and its functionality. We reserve the right to determine what conduct We consider to be in violation of the Terms of Service in connection to usernames, clan names and descriptions, avatars, and signatures, and to take such disciplinary measures as We see fit, including Account termination, regardless of whether a specific behavior is listed in the Code of Conduct as inappropriate. We reserve the right to modify this Code of Conduct at any time.

The requirements apply when You access and use the Game and the Services and to all channels of communication, including but not limited to in-game chat messages as well as messages and comments in community groups.

8.2. Taking into consideration the constant development of the Game and the environment it operates in, for the purposes of safeguarding the idea behind the Game and the comfort of Game users, as well as for the purpose of preserving the common morally established norms of behavior, the Company is entitled to take any of the following measures (or a combination thereof) against the Accounts of users who fail to comply with this Code of Conduct or whom the Company suspects of failing to comply with this Code of Conduct, depending on the severity of the circumstances, and to publish the results accordingly:

a. Issuance of a warning by the Company.

b. Temporary or permanent suspension of Your Account in the future. Account suspension does not grant You the right to any refunds and/or compensation, even if at the time of the suspension, You had unused virtual goods. You acknowledge and agree that, in case of the temporary suspension of Your Account pursuant to this agreement, We are entitled to determine the duration of the suspension based on the severity of Your violation.

c. Rolling back of in-game progress that was derived from any actions that did not comply with these Terms of Service, the rules, and the Code of Conduct. Rolling back Your in-game progress doesn’t grant You the right to any refunds and/or compensation even if at the time of the rollback, You had any unused virtual goods.

e. Restricting or prohibiting You from using game-specific features, including but not limited to making purchases in the Game.

f. Resetting content, including but not limited to resetting or forcibly modifying illegal usernames, pictures, comments, and any other illegal information or content that You provide or upload.

g. Resetting content, including but not limited to removing all or a portion of virtual goods and/or all or part of the game progress that was derived from or acquired as a result of any actions that were non-compliant with these rules and the Code of Conduct, or with Our Terms of Service, or from the use of any features of the Site or Service for anything other than their intended purpose.

The above list of measures is not exhaustive. We reserve the right to take any other actions that We deem appropriate.

In the event of a breach of any of the above, We will evaluate each incident on a case-by-case basis, and We will decide at Our sole discretion what actions, if any, We will take, without providing an explanation and/or informing the appropriate authorities.

8.3. We have no obligation to monitor or record Your access to or use of Our Services or any online activities within Our Services or to monitor, record, or edit any user-generated content, but You agree that We have the right to do so for the purpose of operating Our Services, to ensure Your compliance with these Terms, prevent cheating and hacking, reduce toxic player behavior, improve Our services, or to comply with applicable law, a court order, or any governmental authority. By accepting these Terms of Service, You give Us Your express consent to access and record Your activities.

8.4. If You find something offensive or if You encounter another user who is not complying with these Terms of Service and/or the Code of Conduct, please bring the matter to Our attention by contacting Our support team at support@totalbattle.com.

9. USER-GENERATED CONTENT

9.1. The Game and certain Services permit You to create and/or upload materials that You have created, such as, including but not limited to, nicknames and usernames, clan descriptions, gameplay, videos, posts, notes, suggestions, ideas, scripts, graphics, artwork, animations, fan art, screenshots, text, music, sounds, images, fan webpages, chat messages, and profile content, which can be communicated, posted, uploaded, or sent by You and is associated with Your Account (hereinafter referred to as “User-Generated Content” or “UGC”). Messages exchanged between players, whether via private in-game messages or public forums, are included within this definition of UGC.

9.2. We do not pre-screen, approve, or endorse Your UGC (or the UGC of other Game users) that You have uploaded or made available to other users via the Game or Our Services. You create, download, and use User-Generated Content at Your own risk. Nevertheless, by uploading Your UGC or making it available via the Game or Our Services, You automatically grant Us an exclusive, perpetual, transferable, freely sublicensable, permanent, worldwide, royalty-free, irrevocable right and license to store, publish, print, distribute, reproduce, copy, create and use derivative works from, fix, perform, adapt, display, publicly perform, modify, translate, exploit, distribute, transfer, host, sublicense, make available, communicate, and use Your UGC for any purpose, including but not limited to commercial purposes (e.g., for advertisement purposes), in whole or in part, within the Game or on any platform without providing any notice or further compensation to You, in any country, provided that We do not use Your UGC in a manner that violates Our Privacy Policy. You warrant and represent that You are the exclusive copyright and intellectual property rights holder in relation to the submission and that submission in no way breaches the rights of any other person or entity. You also agree to waive any right of approval for Our use of the rights granted herein and agree to waive any moral rights that You may have to Your UGC, even if it is altered or changed in a manner not agreeable to You. The license and terms above regarding applicable moral rights will survive any termination of these Terms of Service.

9.3. We may or may not regulate User-Generated Content, and We 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. You agree that We shall not be responsible or liable for Your or others’ UGC.

9.4. If you upload UGC or make it available to other users via the Game or our services, you, among other things, agree to the following terms:

a. Any part of UGC that comprises, incorporates, or otherwise relates to any of Our IP rights becomes and remains Our property.

b. 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.

c. Except where prohibited by law, You waive and agree not to assert any moral rights or similar rights You may have to Your UGC against Us.

d. If You create and/or upload any UGC, You are responsible and liable for it. We do not bear any liability or responsibility for your behavior or the content of your UGC, nor do we provide any support for UGC. We are not responsible for monitoring or recording any activity or communications in the Game, although We may do so in order to investigate violations of this agreement or in order to enforce it or to protect the rights and property of the Company and its customers.

e. You must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with Us.

f. 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.

g. You must not upload any UGC that infringes the intellectual property rights, privacy, or any other rights of third parties or that is illegal or breaches these Terms of Service.

h. If You have an idea or information that You would like to keep confidential and/or that you do not want others to use, do not make it available on the Service. We emphasize 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 on the forums, You do so at Your own risk.

i. Any UGC You upload or transmit (or attempt to upload or transmit) will be free of viruses, Trojan horses, RATs, time bombs, adware, spyware, worms, keyboard loggers, corrupted data, and other malicious or invasive code or programs that may damage, interfere with, or disrupt the operation of the Game, any system, data, or personal information, or the computers of other Game users.

j. We have no obligation, but We reserve the right to edit, move, block, disable, control, remove (temporary or permanently), and/or refuse to publish any UGC and/or to take any other actions that We deem appropriate in respect to UGC that We believe is against/does not fulfill any of the conditions above, without providing prior notice and without any degree of liability to You or any third party. We do keep records of the history of Your interactions within the Service and Your communications (including, without limitation, chat text) when You are using the Service. By agreeing to 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.

k. You agree to cooperate in resolving any dispute that may arise from Your UGC.

9.5. Taking into consideration the constant development of the Game and the environment it operates in, for the purposes of safeguarding the idea behind the Game and the comfort of Game users, as well as for the purpose of preserving common morally established norms of behavior, the Company is entitled to take any of the following measures (or a combination thereof) against the Accounts of users who fail to comply with these Rules regarding User Generated Content or whom the Company suspects of failing to comply with rules regarding User-Generated Content, depending on the severity of the circumstances, and to publish the results accordingly:

a. Issuance of a warning by the Company.

b. Temporary or permanent suspension of Your Account in the future. Account suspension does not grant You the right to any refunds and/or compensation, even if at the time of the suspension You had any unused virtual goods. You acknowledge and agree that, in case of the 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.

c. Resetting content, including but not limited to resetting or forcibly modifying illegal usernames, pictures, comments, and any other illegal information or content that You provide or upload. We reserve the right to edit, move, block, disable, or remove (temporarily or permanently) UGC or to take any other actions that We deem appropriate in respect to UGC that We believe is against/does not fulfill any of the conditions above.

d. Filing a corresponding civil action against Your violation of the applicable laws and regulations, claiming against You for Your infringement, breach of contract, or other civil liability, and claiming compensation from you in relation to any losses suffered by the Company as a result of Your violation of the law (including direct financial losses, loss of reputation or goodwill suffered by the Company, and the Company’s payment of compensation, settlement fees, attorney’s fees, litigation costs, and other indirect losses), or referring the case to the relevant administrative authority for administrative punishment, or referring the case to the judicial authorities for the purpose of pursuing Your criminal liability. We reserve the right to disclose Your identity to any third party that presents a valid claim that any of Your UGC infringes the aforementioned third party’s intellectual property or their privacy. We will also disclose Your UGC to third parties and governmental authorities on request where We are legally obliged to do so.

e. Restricting or prohibiting You from using game-specific features, including but not limited to making purchases in the Game.

f. Resetting content, including but not limited to removing all or a portion of the virtual goods and/or all or part of the game progress that was derived from or acquired as a result of any actions that were non-compliant with these rules and the Code of Conduct, or with Our Terms of Service, or from the use of any features of the Site or Service for anything other than their intended purpose.

The above list of measures is not exhaustive. We reserve the right to take any other actions that We deem appropriate.

In the event of a breach of any of the above, We will evaluate each incident on a case-by-case basis and will decide at Our sole discretion what actions, if any, We will take, without providing an explanation and/or informing the appropriate authorities.

We do keep records of the history of Your interactions within the Service and Your communications (including, without limitation, chat text) when you are using the Service. By agreeing to 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.

10. VIRTUAL GOODS, PURCHASES, BILLING

10.1. 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 and virtual currency, access to additional features, and additional in-game services (hereinafter collectively referred to as “Virtual Goods”). You acknowledge and agree that You purchase only the rights to use the Virtual Goods (which are intellectual property themselves) under a non-exclusive, revocable, personal, non-transferable, non-sublicensable, non-commercial, and limited license only in connection with Your use of the Game. The Virtual Goods remain the property of the Company at all times, and We have the absolute right to control, regulate, reform, and/or remove such Virtual Goods at Our sole discretion without having any liability to You based on our ability to exercise to this right. You have no ownership with regard to any of the Virtual Goods You unlock, and You can’t transfer them to someone else. These Terms of Service should not be construed as a sale of any rights to Virtual Goods. In order to purchase Virtual Goods when using the Game via the Site, You need an Account. You are solely responsible for all purchases made through Your Account, regardless of whether or not they were authorized by You.

10.2. Before purchasing Virtual Goods from Us, You, among other things, must ensure that:

a. you either are at least 18 (eighteen) years old or older if required by applicable law or, if You are under the age of 18 (eighteen), that Your parent or legal guardian has agreed to and accepted the respective purchase and these Terms of Service on Your behalf;

b. you are the authorized Account holder for the Account from which the purchase is being made, and You are 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.

10.3. When making online purchases in the Games, You agree that the process of executing these purchases will start immediately and accept that You will lose any right to withdraw and/or to terminate Your purchase once the purchase has been processed.

10.4. In case Your account is closed, terminated, suspended, blocked, modified, or deleted for any reason, including but not limited to in case of infringement of any requirements, rights, or other terms and conditions stipulated in these Terms of Service and/or Our Policies, or if We discontinue Our Games, You forfeit any and all Virtual Goods that You have earned or purchased. We are under no obligation to compensate You or anyone else for any resulting losses.

10.5. The prices for Virtual Goods are set in euros, US dollars, or whichever currency is applicable to the country You are located in. Prices 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.

10.6. After clicking on the “Buy” button, You will be presented with the option to choose a payment method and enter the respective payment details. We support payments via Visa™, MasterCard™, and Maestro™ debit/credit cards, along with a number of other payment methods, depending on Your region.

10.7. Please note that We do not store any of Your payment details on Our servers. The Company itself does not perform any payment processing. Provision of payment processing is performed solely by third-party platforms, such as Apple (iOS), Google (android), the desktop and Steam clients, and Facebook. If You play Our games on such platforms, You must also comply with all the terms and conditions set out by those third-party platforms. The charging and billing in such Games are subject to the rules of the relevant platforms. SCOREWARRIOR LIMITED disclaims any liability of any nature for such platforms’ actions.

10.8. If any of Our associate payment service providers bring to Our attention that the personal and/or financial information You provided is untrue, inaccurate, or incomplete, We have the right to annul the related financial transactions, to revoke all associated software licenses that were acquired via such transactions, and to refer the details of such incidents to the appropriate authorities.

10.9. Before You confirm Your purchase by clicking on any button to finalize the purchase process or by carrying out another action (e.g., sending a message), You must carefully review the details of Your purchase, 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.

10.10 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 72 (seventy-two) hours to complete Your purchase. Such circumstances may include, among other things, Your internet connection failing at the moment when You finalize the respective purchase, errors and/or connection failures on the side of the payment service provider, etc.

10.11 In most cases, the aforementioned period of 72 (seventy-two) hours is enough for the payment service providers either to process Your payment (so that We can complete it) or to automatically refund the full price of Your purchase. In case none of the above has happened after the expiration of the aforementioned 72 (seventy-two) hours, please contact Our support team at support@totalbattle.com.

10.12 Please be aware that in respect to Virtual Goods, We reserve the following rights:

a. To offer different sets and/or prices for the Virtual Goods that are available for purchase to different users of the Game.

b. To modify the sets and/or prices of the Virtual Goods available for any user of the Game at any time and at Our sole discretion.

c. To change the price of Virtual Goods at any time at Our sole discretion.

d. To decline Your request to acquire Virtual Goods at Our reasonable discretion.

10.13 Additionally, the following rules, among others, also apply to Virtual Goods:

a. Virtual Goods may be redeemed for other Virtual Goods only where permitted in the Game. Virtual Goods are not redeemable for any sum of money or monetary value from Us or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law.

b. Once You have purchased Virtual Goods, those Virtual Goods are final, 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 reserve 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 is required under applicable law.

d. You cannot sell or transfer or attempt to sell or transfer Virtual Goods to anyone unless otherwise permitted in the Game and such actions are carried out in the special in-game interface.

e. You may only acquire Virtual Goods from Us or other users of the Game via the special interface within the Game.

f. Virtual Goods cannot be exchanged for cash or any other goods or services, except other Virtual Goods as permitted in the Game.

10.14 Right of withdrawal: If You are a resident of the European Union, You have the right to withdraw from a purchase of Virtual Goods within 14 days of Your purchase. However, this right of withdrawal does not apply in cases where the performance of Our Services begins before the end of the 14-day period. You hereby expressly acknowledge that You lose Your right of withdrawal once the performance of Our Services has begun and Your account has been provided with access to the Virtual Goods. You agree that the supply of Virtual Goods and the performance of Our Services begin immediately after You complete Your purchase. Therefore, You understand that by purchasing Virtual Goods, You acknowledge that We make Virtual Goods available to You immediately after We have accepted Your order and that once access to the Virtual Goods has been enabled on Your Account, the contract has been fully performed by Us.

11. MODIFICATIONS TO THE APPLICATION

11.1. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Game or any Service to which it connects, with or without providing prior notice and without any liability to You.

12. UPDATES TO THE GAME

12.1. We may from time to time automatically provide enhancements or improvements to the features/functionality of the Game, which may include patches, bug fixes, error fixes, fixes for game vulnerabilities, updates, upgrades, additional content, and other modifications (hereinafter “Updates”) by giving You reasonable notice or without providing any prior notice if it is not practicable for Us to do so.

12.2. We reserve the right to stop/interrupt the Game during Updates at any time, including but not limited to during any game events, for the necessary period by giving You reasonable notice or without providing any prior notice if it is not practicable for Us to do so. Such interruptions may cause You to lose access to the Game temporarily and/or cause You setbacks within the Game or in other aspects of Your use of the Game. These interruptions are sometimes required in order to enable Us to continue to maintain the Game.

12.3. Updates may improve, update, upgrade, limit, modify, replace, discontinue, or delete certain features and/or functionalities of the Game, its graphics, gameplay, and any other content at any time. We may also need to change or discontinue such features for all or any users from time to time for reasons including technical, legal, financial, or business factors. You hereby accept, recognize, understand, and agree that We have no obligation to (i) provide any Updates, (ii) continue to provide or enable any particular features and/or functionalities of the Game to You, or (iii) provide You with any refunds or compensation in relation to Updates and/or in relation to the time that the game was under maintenance (the time for which the Game was interrupted). You acknowledge that Your use of the Game does not confer on You any interest, monetary or otherwise, in any aspect or feature of the Game, including but not limited to any in-game Virtual Goods or character levels, and that any character data, game progress, game customization, or other data related to Your use of the Game may cease to be available to You at any time without prior notice from Us, including, without limitation, after a patch, update, or upgrade has been applied by Us. We do not have any maintenance or support obligations with respect to the Game.

12.4. You further agree that all Updates will be (i) deemed to constitute an integral part of the Game and (ii) subject to the terms and conditions of these Terms of Service.

13. EPILEPSY WARNING

13.1. 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.

13.2. 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.

13.3. 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.

13.4. 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.

14. GAME COMMUNITY

14.1. On 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”).

14.2. 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 the 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 the Content without Our express written permission.

14.3. If You fail to comply with any of the terms set out in this section, We reserve the right to terminate Your licence in relation to Community Content and also to close Your Account in accordance with section 17 “Termination of the Terms of Service”.

15. CONSUMER RIGHTS

15.1. If any of the provisions of these Terms of Service regarding consumer rights contradict any of the provisions of applicable consumer protection law, the respective provisions of these Terms of Service shall not be applied.

16. THIRD-PARTY SERVICES

16.1. The Game may display, include, or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services (hereinafter “Third-Party Services”).

16.2. Third-Party Services may collect data from You. You acknowledge and agree that the Company does not control such Third-Party Services and shall not be responsible for any Third-Party Services, including their content, the accuracy and completeness of their policies, their timeliness, validity, copyright compliance, legality, decency, quality, and the collection, use, or disclosure of any information that the relevant Third-Party Services may collect, as well as any other aspect thereof. We do not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.

16.3. Third-Party Services and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to the relevant third parties’ terms and conditions.

17. TERMINATION OF THE TERMS OF SERVICE

17.1. These Terms of Service shall remain in effect until terminated by You or SCOREWARRIOR LIMITED.

17.2. SCOREWARRIOR LIMITED may, at its sole discretion, at any time and for any or no reason, suspend or terminate these Terms of Service with or without providing prior notice.

17.3. Termination by SCOREWARRIOR LIMITED:

a. We reserve the right to suspend Your Account either temporarily or permanently in case of infringement of any requirements, rights, or other terms and conditions stipulated in these Terms of Service and/or Our Policies. Without limiting any other rights of SCOREWARRIOR LIMITED, these Terms of Service will terminate immediately, without prior notice from Us, in the event that You fail to comply with any provision of these Terms of Service.

b. If Your Account is suspended (or blocked) temporarily, You will not be able to access Your Account or use the Game and the Services or any Virtual Goods for the duration of the suspension.

c. If Your Account is suspended (or blocked) permanently, You will not be able 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. Permanent suspension will also mean that We close Your Account and terminate these Terms of Service between You and Us.

d. Account suspension doesn’t grant You the right to any refunds and/or compensation, including for any losses and/or damages, even if at the time of the suspension, You had any unused Virtual Goods.

e. We reserve the right to terminate any Account (i.e., the Terms of Service and all rights it grants You) that has been inactive for 5 (five) years, even if purchases have been made from that account and regardless of the level reached in the Game. We have no obligation or responsibility to and will not reimburse or refund You for any unused Virtual Goods that are lost due to such an Account termination. Upon such termination, Your personal information will be destroyed, and We won’t be able to restore it. Additionally, 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 the relevant Account, and if the user hasn’t reached a certain level in the Game. We are under no obligation to compensate You for any such losses, damages, or results.

f. If You believe that Your Account has been suspended in error, please contact Our support service at support@totalbattle.com.

17.4. Your right to delete Your Account and terminate these Terms of Service without reason:

a. You may close Your Account and terminate these Terms of Service at any time without reason by contacting Our support service at support@totalbattle.com. Please note that if You try to communicate with Our support service via email, You may be prompted to complete the verification procedure, whereby You select the in-game “support” button so that You can verify Your in-game identity, whereas if You try to communicate with Our support service by pressing the in-game “support” button, You may be prompted to complete the verification procedure by submitting the request via the email address registered to the Game Account. As soon as the above process has been completed, You will be asked to confirm the deletion of Your Account, and/or You will be informed that We will proceed to the deletion of Your Account, and you will be notified as soon as it has taken place. Kindly note that if You confirm the deletion and/or are informed that We will proceed to the deletion of the Account, Your account will be deleted within 30 (thirty) days after the initial confirmation, rendering it impossible to reactivate Your deleted account. If You choose to close Your Account and terminate these Terms of Service, You won’t be entitled to any refunds or compensation, including for any losses and/or damages, even if at the time of the closure You had unused Virtual Goods.

b. You may also terminate these Terms of Service by deleting the Game and all copies thereof from Your mobile device or from Your computer.

c. 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 any purchased Virtual Goods will be lost forever, and We won’t be able to restore them, even if You change Your mind afterward.

17.5. 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.

17.6. Upon termination of these Terms of Service, You shall cease all use of the Game and delete all copies of the Game from Your mobile device or from Your computer.

17.7 Termination of these Terms of Service will not limit any of SCOREWARRIOR LIMITED’s rights or remedies at law or in equity in case of breach by You (during the term of these Terms of Service) of any of Your obligations under the present Terms of Service.

18. ASSIGNMENT OF THE TERMS OF SERVICE

18.1. You may not assign or delegate these Terms of Service, Your rights and obligations under the Terms of Service or Our Policies, in whole or in part, to any person or entity at any time with or without Our prior written consent, and any attempt to do so will be null and void.

18.2. We may assign or delegate these Terms of Service, Our rights and obligations under these Terms of Service, and/or Our Policies, in whole or in part, to any person or entity at any time with or without Your consent.

19. BUILT-IN TRACKING FEATURES

19.1. We need to employ built-in tracking systems/features in order to collect information regarding how You use Our Games and to improve Our Services. However, We track only Your game activities and nothing outside Our Games.

20. DISPUTE RESOLUTION

20.1. As far as permitted by law, the laws of Cyprus and EU law, excluding conflicts of laws, shall govern these Terms of Service, its subject matter and formation, and any dispute or obligation relating to the same and Your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws.

20.2. 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, before filing a suit, You agree to first attempt to informally negotiate any complaint with SCOREWARRIOR LIMITED. We and You shall consult and negotiate with each other and thus attempt to reach a satisfactory solution. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a claim. If a satisfactory solution is not reached as a result of mutual negotiations, all the aforementioned disputes shall exclusively be submitted and settled by the courts of general jurisdiction of the Republic of Cyprus in accordance with the laws of Cyprus and EU law, and each party waives any objection to the jurisdiction and venues of these courts. We reserve the right to seek cancellation of any injunction relief in any jurisdiction where We deem it necessary.

21. CLASS ACTION WAIVER

21.1. If You are a resident of the United States of America, to the maximum extent permitted by applicable law, You and SCOREWARRIOR LIMITED agree that for disputes arising between Us and You, or any other user of the game, that are not settled in mutual negotiations: (i) that each claim is personal to You and SCOREWARRIOR LIMITED, and We can only bring claims against each other on an individual basis as an individual court proceeding, and not as a class action, consolidated action, or other form of representative action; (ii) that You expressly waive any right to file or join or participate in a class action or to seek relief on a class or consolidated or representative basis; and (iii) that the court may only conduct an individual court action, may not consolidate more than one individual’s claims, and may not preside over any form of representative or class proceeding relating to such claims.

22. GENERAL

22.1 Headings and Captions. Any section headings and captions contained in these Terms of Service are inserted for the convenience of reference only and are not intended to limit the Terms of Service.

22.2. Inclusive Language. The words “include,” “includes,” and “including,” and other derivations thereof should be read as if followed by the phrase “without limitation.”

22.3. Language. The English version of this policy is the only original version; any translations are provided for reference purposes only. The English version shall prevail in the event of any differences, questions, or disputes concerning the meaning, form, validity, or interpretation thereof.

22.4. Cooperation with Law Enforcement and Investigations. We reserve the right to investigate and prosecute any suspected breaches of these Terms of Service and/or other Policies and may disclose any information as necessary to comply with any law, regulation, legal process, government, or governmental authority and regulatory requests.

22.5. Severability. If any provision of these Terms of Service is held to be unenforceable or invalid for any reason, the relevant provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law and shall not affect the validity and enforceability of the remaining provisions which will continue in full force and effect.

22.6. Waiver. Except as provided herein, the failure or delay to exercise a right or to require the performance of an obligation under these Terms of Service shall not affect a party’s ability to exercise that right or require the relevant performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

22.7. Entire Agreement. Access to and use of the Game is subject to these Terms of Service, Our EULA, Privacy Policy, Payment Policy, and Refund Policy. These Terms of Service and any document or information referred to in this agreement constitute the entire agreement between You and SCOREWARRIOR LIMITED regarding Your use of the Game and supersede all prior and contemporaneous written or oral communications, agreements, or discussions between You and SCOREWARRIOR LIMITED. These Terms of Service govern Our relationship with You. They do not create any right for any other person unless otherwise expressly stated in these Terms of Service.

23. CONTACTS, E-MAILS, AND NOTIFICATIONS

23.1. Please address all Your questions, complaints, or comments regarding these Terms of Service to Our support service at support@totalbattle.com.

23.2. Please note that We are always happy to provide support to You in relation to technical problems/difficulties that You may encounter while using the Game. However, please be aware that technical support is available solely during the working hours of the technical support team, and thus, it might take extra time to attend to Your query, in which regard the technical support might not meet Your expectations.

23.3. Please note that We may occasionally send You emails containing offers, promotions, and/or information of interest. To opt out of receiving 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.

Terms of Service

Terms of Service

Table of Contents

1. INTRODUCTION

2. AMENDMENTS TO THE TERMS OF SERVICE AND OTHER SITES

3. WARRANTIES

4. INDEMNIFICATION

5. DISCLAIMER

6. ACCOUNT

7. INTELLECTUAL PROPERTY RIGHTS

8. CODE OF CONDUCT

9. USER-GENERATED CONTENT

10. VIRTUAL GOODS, PURCHASES, BILLING

11. MODIFICATIONS TO THE APPLICATION

12. UPDATES TO THE GAME

13. EPILEPSY WARNING

14. GAME COMMUNITY

15. CONSUMER RIGHTS

16. THIRD-PARTY SERVICES

17. TERMINATION OF THE TERMS OF SERVICE

18. ASSIGNMENT OF THE TERMS OF SERVICE

19. BUILT-IN TRACKING FEATURES

20. DISPUTE RESOLUTION

21. CLASS ACTION WAIVER

22. GENERAL

23. CONTACTS, E-MAILS, AND NOTIFICATIONS

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