TERMS OF SERVICE

Last Update: May 31, 2021
These terms of service (hereinafter the "Terms of Service") govern the relationship between You (as the user of certain services) (hereinafter "You" in all forms) and the company BIVAK LLC whose principal place of business is at: 1 pom. 3, apart. 18 house 20, Verhnyaya street, Moscow, Russia, 125040 (hereinafter the "Company" and/ or "we" in all forms) in relation to:

1. our online browser game (hereinafter the "Game") available through the following means:

a. our website totalbattle.com (hereinafter the "Site");

b. our mobile application of the Game (hereinafter the "Mobile Application");

2. any other services we may provide to You in relation to the Game in accordance with these Terms of Service, including but not limited to support service and premium service (hereinafter collectively the "Services").

BY REGISTERING FOR THE GAME THROUGH THE SITE, GAME CLIENT, THE MOBILE APPLICATION, YOU REPRESENT THAT YOU ACKNOWLEDGE AND ACCEPT THESE TERMS OF SERVICE, PRIVACY POLICY AND COMMUNITY RULES (BOTH LATTER AVAILABLE THROUGH THE SITE, GAME CLIENT, MOBILE APPLICATION).

ALSO BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE REACHED THE AGE TO ENTER INTO BINDING AGREEMENT WITH US IN THE COUNTRY IN WHICH YOU ARE LOCATED OR RESIDE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION, IF REQUIRED BY APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE LEGALLY ALLOWED TO ENTER INTO THIS AGREEMENT AND THAT YOU BY ENTERING INTO IT DOES NOT VIOLATE ANY APPLICABLE LAWS. IN ANY CASE, YOU CONFIRM THAT YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE GAME AND SERVICES.

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, 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.

Please kindly note that from time to time we may need to amend these Terms of Service, Privacy Policy and/ or Community Rules and Code of Conduct, available on the Site, in order (including but not limited) to:

a. reflect changes in the applicable law;

b. reflect changes in the composition/

c. content of the Game and/ or the Services;

d. reflect changes in the way, how we collect, use and store your personal information (in any case ensuring compliance with the applicable data protection law);

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

The latest versions of these Terms of Service, Privacy Policy and Community Rules are always available on the Site, Game client, the Mobile Application. We guarantee that we will notify You about all amendments in these Terms of Service, Privacy Policy and Community Rules, however we strongly advise You to check for updates independently each time You use the Game or the Services either through the Site, Game client, the Mobile Application. Additionally, we highly recommend You to print copies of these Terms of Service, Privacy Policy and Community Rules for Your records.


1. WARRANTIES

We warrant that we have the right to enter into these Terms of Service and grant You the license to use the Game and the Services through the Site, the Game client, the Mobile Application according to these Terms of Service, Privacy Policy and Community Rules.


2. DISCLAIMER

Please, be aware that the use of the Game and the Services shall be at Your own sole risk. The Game and the Services are provided on the "as is" and "as available" basis. We assume no liability and provide no warranties of any nature thereof, including but not limited to the implied warranties of merchantability and fitness for any particular purpose.

Please note, that by accepting these Terms of Service you are automatically accepting the Privacy Policy, Refund Policy and Payment Policy of the company, which are the integral part of these Terms of Service and which contain additional information on the relative subjects that should be read and acknowledged by the User.

The Company shall not be liable for any delay or failure of the Game and/ or the Services resulting from the causes outside the reasonable control of the Company, including without limitation any delay or failure of the Game and/ or the Services due to unforeseen circumstances or causes beyond the control of the Company, among others, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes or shortages of transportation facilities, fuel, energy, any other resources or materials or labor. Additionally, we do not guarantee that:

a. the Game and/ or the Services will meet Your expectations and/ or requirements;

b. the quality of any products, services, information or other materials purchased or obtained by You through or in any relation to the Game or the Services will meet Your expectations and/ or requirements;

c. the Game and the Services will be uninterrupted, timely, virus-free, error-free or such defects will ever be corrected;

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

To the fullest extent permitted by applicable law, in no event shall the Company be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Game and/ or the Services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Game or the Services by any third party, (vi) any loss of your data or content (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms of use or Privacy Policy

We are constantly working on further development of the Game and the Services. This means that from time to time we introduce upgrades and improvements in 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.

PLEASE NOTE THAT DOWNLOADING OR ANY OTHER OBTAINMENT OF ANY MATERIALS WHILE USING THE GAME AND/ OR THE SERVICES SHALL BE DONE ON YOUR OWN SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, INSTALLED SOFTWARE AND/ OR OPERATION SYSTEMS AND/ OR ANY LOSS OF DATA THAT MAY RESULT FROM OBTAINING ANY SUCH MATERIALS.


3. ACCOUNT

In order to use the Game and the Services You don't create an account (hereinafter the "Account"). Your progress in the Game stored locally the Site, Game Client, the Mobile Application.

Please note that your progress in the game will not be saved if you remove Game Client, the Mobile Application. Additionally, please be aware that in the demo mode certain limitations on the Game and Services may apply.


4. INTELLECTUAL PROPERTY RIGHTS

The Site, the Game client, the Mobile Application and the Game contain a lot of different materials and assets, including but not limited to technology, software, interfaces, design, texts, images, videos, sounds and music (hereinafter collectively the "Content"). The Content and all intellectual property rights connected thereto (hereinafter the "IP Rights") are owned by us (or by our affiliates and partners as applicable).

As long as these Terms of Service are in force between You and us, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicenseable, revocable license so that You can access, view and use the Game and/ or Services.

You must not download (except as part of the proper use or operation of the Game or the Services), copy, publish, post, distribute, print, reproduce, modify, adapt, transfer, disseminate, copyright, trademark or make any commercial use of any content (fully or partially) available in the Game, on the Site, in the Game client, in the Mobile Application or the Services, unless we expressly authorize You to do so in writing.


5. CODE OF CONDUCT

When You access and use the Game and the Services You agree to comply with the Rules of the Conduct included in the Community Rules and with the following requirements:

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

c. You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person;

d. You will not use the Game or the Services for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, "spam," or other repetitive messages).

e. You will not use the Game for performing services for payment, such as leveling up or item collection services.

f. You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Game experience.

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

h. You will not disrupt or attempt to disrupt the Game or any other person's use or enjoyment of the Game.

i. You will not attempt to gain unauthorized access to the Game, to accounts registered to others, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.

j. You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from the Game or that is in transit from or to the Game.

k. You will not make any automated use of the Game, or take any action that imposes an unreasonable burden on our infrastructure.

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

m. You will not improperly use our support services, including by submitting false reports.

n. Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code the Game.

o. You will not copy, modify or distribute content from the Game except as specifically authorized by us.


p. You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.

The list above is not exhaustive and cannot provide you with the full list of requirements due to the permanent development of the Game and its functionality.

Taking into consideration the constant development of the Game and the environment it operates in, for the reasons of safeguarding the idea behind the Game and the comfort of the Users of the Game, as well as for the reason of preserving the common morally established norms of behavior, the Accounts of the Users that fail to comply with this code of conduct may result in issuance of a warning by the Company or temporary or permanent suspension of your Account, without being given the explanation.


6. EPILEPSY WARNING

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.

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.

Some individuals may experience discomfort (such as motion sickness, dizziness, or eyestrain) when playing the Game. If You experience such discomfort, stop playing and rest until it has subsided. Consult a doctor if the discomfort continues.

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.

7. CONSUMER RIGHTS

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


8. DISPUTE RESOLUTION

These Terms of Service are governed by the laws of Russion Federation.

In the event of any controversy or claim arising out of or relating to these Terms of Service, including their existence, validity, termination or breach thereof, we and You shall consult and negotiate with each other and thus attempt to reach a satisfactory solution. If a satisfactory solution is not reached in mutual negotiations, the dispute shall exclusively be settled by the courts of general jurisdiction of ussion Federation in accordance with the laws of ussion Federation.

For disputes arising between us and You, or any other user of the Game, and not settled in mutual negotiations You and we agree that we can only bring a claim against each other on an individual basis. Neither You nor we can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.


9. CONTACTS, E-MAILS AND NOTIFICATIONS

Please address all Your questions, complaints or comments regarding these Terms of Service to our Support at: publishing@bivak.ru.

Please note that we are always looking forward to provide support to you in relation to technical problems / difficulties that you may encounter while using the Game. However, please be aware that the technical support is available solely during the working hours of the technical support team and might take extra time to revert back to your query, whereby the technical support might not meet your expectations.

Please note that we may occasionally send you the emails with offers, promotions, and/or information of interest. To opt out from receiving the emails from us, please follow the unsubscribe instructions contained in the relevant emails or contact us at publishing@bivak.ru. Our applications may also send notifications to your phone.



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