TERMS OF SERVICE
Last Update: June 24, 2019
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 SCOREWARRIOR LIMITED whose principal place of business is at: 16 Spyrou Kyprianou Avenue, Divine Clock Tower, 1st floor, 3070 Limassol, Cyprus (hereinafter the “Company” and/ or “we” in all forms) in relation to:
1. our online 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”);
c. our downloadable clients of the game: Desktop client and Steam™ client (hereinafter the “Game client”);
d. our game in Facebook™ App center (hereinafter the “Facebook™ App”);
2. any other services we may provide to You in relation to the Game in accordance with these Terms of Service, including but not limited to support service and premium service (hereinafter collectively the “Services”).
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 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.
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
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.
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;
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.
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.
In some cases, we may allow You to use the Game and/ or the Services in a demo mode, which You may access without creating the Account. Please note that Your progress in the Game won’t be saved unless You create the Account before exiting the demo mode. Additionally, please be aware that in the demo mode certain limitations on the Game and Services may apply.
The Game may be accessed through the Mobile Application without creation of the Account. However, even though it is not a demo mode, in order to later access Your progress in the Game through other devices, You have to create the Account. Without creating the Account it is impossible to follow the progress of the Game created on another device.
You are not permitted to share Your Account with anyone. You are not permitted to sell or transfer Your Account to anyone. 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.
You are responsible for keeping Your Account secure from third parties. Under no circumstances should You disclose password from Your Account to third parties. Note that our representatives, including the support team, will never ask You for Your Account password.
Please notify us immediately if any of the following occurs:
a. any unauthorized use of Your Account;
b. any hacking tools have been used or might be used in relation to either the Game, the Account or the Services.
We have the right to suspend your Account following the receipt or a reasonable suspicion of any legal notice addressed to you or us in connection to your Account and/or your activities; or in case of any legal proceedings commenced by you against us.
4. INTELLECTUAL PROPERTY RIGHTS
The Site, the Game client, the Facebook™ App, 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 Facebook™ App, 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:
a. You will not attempt to obtain login information or access another user’s account or collect or harvest personal information from other users;
b. You will not exploit, distribute or publicly inform other users of any error, miscue or bug of the Game which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology;
c. You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, 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. USER GENERATED CONTENT
The Game and certain Services permit You to create and/ or upload materials, which You have created, such as, including but not limited to, posts, chat messages and profile content associated with Your Account (hereinafter the “User Generated Content” or “UGC”).
We do not pre-screen, approve, endorse or own Your UGC (as well as UGC of other users of the Game), which You have uploaded or made available to other users via the Game or the Services. Still by uploading or making available Your UGC via the Game or the Services You grant us a non-exclusive, transferable, sublicenseable, irrevocable license to store, publish, print, distribute, reproduce, adapt, modify, transfer and use for commercial purposes (including but not limited to the use in for advertisement purposes) Your UGC.
If You upload or make available Your UGC to other users via the Game or the Services, You among other agree to the following:
a. any part of the UGC, which comprises, incorporates or otherwise relates to any of our IP Rights becomes and remains our property;
b. You must not upload or make available to other users any materials that belong to the third parties unless You have been expressly authorized by such third parties to do so;
c. You must not upload any UGC which infringes the intellectual property rights, privacy or any other rights of the third parties or which is illegal or breaches these Terms of Service;
d. Your UGC must comply with applicable law and must not contain any materials which may be considered illegal, offensive or defamatory towards the third parties or us, and/ or which could cause any reputational loss or embarrassment to us;
e. You waive and agree not to assert any moral rights or similar rights You may have in Your UGC against us;
f. You are solely responsible for Your UGC;
g. if You create and/ or upload any UGC, You are responsible and liable for it. We may not bear any liability or responsibly for Your UGC, nor do we provide any support for the UGC;
h. You must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us;
i. we reserve the right to edit, move, block, disable, remove (temporary or permanently) or take any other actions we consider appropriate in respect to Your UGC which we believe is against/ does not fulfill any of the conditions above.
7. VIRTUAL GOODS, PURCHASES, BILLING
The access to the Game and basic gameplay features is free of charge. However, the Game may permit You to purchase premium content, including but not limited to rights to use virtual items, access to additional features and additional in-game services (hereinafter collectively the “Virtual Goods”). Please note that You purchase only the rights to use the Virtual Goods, whilst the Virtual Goods, at all times remain in the property of the Company. In order to purchase the Virtual Goods, when using the Game through the Site, You need the Account.
While using the Game via the Mobile Application, the Virtual Goods may be purchased without the Account, however, please note that in this way (without the Account) purchased Virtual Goods cannot be used or transferred to the other devices. When accessing the Game via Mobile Application (without the Account) the Virtual Goods can be purchased inside the Game, but they can be only used within the current platform and in the current progress of the Game. To avoid doubt, the purchased Virtual Goods cannot be transferred from one Game to another, cannot be switched between the users and are only accessible in the same game progress where they were purchased.
Before purchasing the Virtual Goods from us You among other must ensure that:
a. You either are at least 18 (eighteen) years old or older if required by the applicable law or, if You are under age of 18 (eighteen), that Your parent or legal guardian has agreed to the respective purchase and these Terms of Service on Your behalf;
b. You or the person conducting the respective purchase on Your behalf is the authorized Account holder for the Account from which You or the other person is conducting a purchase or You or the other person is authorized to use the particular payment details (i.e., credit card);
c. all information You submit is true and accurate;
d. You agree to pay all the fees, commissions and charges associated with Your purchase.
The prices for the Virtual Goods are set in euros, US Dollars or other currency applicable to the country Your are located at and are displayed either in the description of the corresponding Virtual Goods or on the “Buy” button. To conduct a purchase, You should click on the “Buy” button.
After clicking on the “Buy” button You will be offered to choose a payment method and enter respective payment details. We support payments with Visa™, MasterCard™, Maestro™ debit/credit cards along with a number of other payment methods applicable to Your region.
PLEASE NOTE THAT WE DO NOT STORE ANY OF YOUR PAYMENT DETAILS ON OUR SERVERS. THE COMPANY ITSELF DOES NOT PERFORM ANY PROCESSING OF THE PAYMENTS. PROVISION OF PAYMENT PROCESSING IS PERFORMED SOLELY BY THE THIRD PARTY PLATFORMS, SUCH AS APPLE™ (IOS), GOOGLE™ (ANDROID), FACEBOOK™.
Before You confirm Your purchase by clicking on any button concluding the purchase process or by fulfilling another action (e.g. sending a message), You must carefully review Your purchase details, including but not limited to the selected payment method and total price including all applicable taxes and charges. If You find any errors, You should correct them or cancel the purchase.
PLEASE NOTE THAT WE DO OUR BEST TO PROCESS AND COMPLETE YOUR PURCHASES AS FAST AS POSSIBLE, BUT UNDER CERTAIN CIRCUMSTANCES WE MAY NEED UP TO 72 (SEVENTY TWO) HOURS TO COMPLETE YOUR PURCHASE. SUCH CIRCUMSTANCES AMONG OTHER MAY INCLUDE YOUR INTERNET CONNECTION FAILURE AT THE MOMENT YOU CONCLUDE THE RESPECTIVE PURCHASE, ERRORS AND/ OR CONNECTION FAILURES ON THE SIDE OF THE PROVIDER OF THE PAYMENT SERVICES ETC.
In most cases the said period of 72 (seventy-two) hours is enough for the providers of the payment services either to process Your payment (so we can complete it) or automatically refund the full price of Your purchase. In case none of the above has happened after the expiration of the said 72 (seventy-two) hours, please contact our support at email@example.com.
Please be aware that in respect to the Virtual Goods we reserve the following rights:
a. to offer different sets and/or prices for the Virtual Goods available for purchase for different users of the Game;
b. at any time in our sole discretion to modify the sets and/ or prices of the Virtual Goods available for any user of the Game;
c. to decline Your request to acquire the Virtual Goods for any reason.
Additionally, also the following rules among others apply to the Virtual Goods:
a. the Virtual Goods may be redeemed for other Virtual Goods only where permitted in the Game;
b. the Virtual Goods are non-refundable and non-exchangeable (whether or not You use them), unless otherwise expressly stated in these Terms of Service or required by applicable law;
c. You cannot sell or transfer the Virtual Goods to anyone, unless otherwise permitted in the Game and such actions are carried out in a special in-game interface;
d. You may only acquire the Virtual Goods from us or other users of the Game via special interface inside the Game;
e. the Virtual Goods cannot be exchanged for cash or any other goods or services, except other Virtual Goods as permitted in the Game.
8. 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.
9. 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.
10. TERMINATION OF THE TERMS OF SERVICE
We reserve the right to suspend Your Account either temporarily or permanently for any reason. Permanent suspension will also mean that we close Your Account and terminate these Terms of Service between You and us.
If Your Account is suspended (or blocked) temporarily, You will not be able either to access Your Account or use the Game and the Services for the period of suspension.
If Your Account is suspended (or blocked) permanently, You will never be able either to access it or use the Game or any of the Services. We may also prohibit You from accessing or using the Game or any of the Services in the future.
Account suspension doesn’t grant You the right for any refunds and/ or compensations even if at the time of the suspension You have had any unused Virtual Goods.
If You believe that Your Account has been suspended in error, please contact our support at firstname.lastname@example.org.
You may close Your Account and terminate these Terms of Service at any time without a cause by contacting our support at email@example.com.
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, YOUR PROGRESS AND PURCHASED VIRTUAL GOODS WILL BE LOST FOREVER AND WE WON’T BE ABLE TO RESTORE THEM EVEN IF YOU CHANGE YOUR MIND AFTERWARDS.
In case You choose to close your account and terminate these Terms of Service, you won’t be entitled to any refunds or compensations even if at the time of such a closure you have had unused Virtual Goods.
Upon termination of these Terms of Service the Company will take all reasonable steps to destroy or de-identify Your personal information. You acknowledge that some information about You may be retained where required by applicable law or for data back-up purposes.
11. DISPUTE RESOLUTION
These Terms of Service are governed by the laws of England.
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 England in accordance with the laws of England.
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.
12. CONTACTS, E-MAILS AND NOTIFICATIONS
Please address all Your questions, complaints or comments regarding these Terms of Service to our Support at: firstname.lastname@example.org.
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 email@example.com. Our applications may also send notifications to your phone.