User agreement (hereinafter referred to as the “Agreement”)
1. TERMS AND DEFINITIONS
1.1. Company – Limited Liability Company “Morkwa”, a legal entity created under the laws of the Russian Federation, located at: Room 35, building 1, house 20, Verhnaya Maslovka, Moscow, Russian Federation, 127083. Company registration number (OGRN) 1157746836433, Unique tax reference number (INN) 7714354777
1.2. User – an individual using any mobile application of the Company and having concluded an agreement with the Company by acceptance in the manner provided in the clause 2.2 of this Agreement.
1.3. Application – any mobile application of the Company, operating on mobile operating systems, the exclusive right to which belongs to the Company.
1.4. Website – website www.morkwa.com
1.5 Virtual money is a virtual currency intended for use in the Company’s Applications.
1.6. Virtual goods – items and services intended for use in the Company’s Applications.
2. GENERAL PROVISIONS
2.1. This Agreement is a public offer in accordance with Article 437 of the Civil Code of the Russian Federation and regulates relations between the Company and the User related to the use of the Site, the Applications and their functional capabilities.
2.2. An acceptance of the terms of this Agreement is the copying (installation) by the User of Applications of Companies to their mobile device, the use of Applications in any way. Acceptance of this Agreement means that the User unconditional agrees to all terms of this Agreement in accordance with Article 438 of the Civil Code of the Russian Federation, as well as the Privacy Policy posted on the Site. The use of the Application and their functionality is allowed only in accordance with the terms of this Agreement.
2.4. If the User disagrees with any provisions of this Agreement, as well as with the amended Agreement, the User is not entitled to use the Application.
2.5. By agreeing to the terms of this Agreement, the User confirms his right and capacity, confirms the accuracy of the data provided by him in accordance with the Agreement and takes all responsibility for their accuracy, completeness and reliability.
2.6. The functionality of the Company’s Applications is provided to Users through acceptance according to paragraph 2.2 of this Agreement. A number of functionality may depend on the technical characteristics of the user’s mobile device.
3. ACCESS TO APPLICATIONS AND THEIR USE
3.1 Certain rules, rules for calculating results, management and recommendations for each Application are given directly in the Applications. Such rules, as well as rules for calculating results, management and recommendations, are an integral part of the agreement, and you agree that you will comply with them for each individual Application that you access and / or use.
3.2 You are responsible for the payment of cost of the Internet connection and / or the use of mobile services that you can suffer in connection with the implementation of access and / or the use of our applications. If you are not sure what may be the sum of such costs before downloading and receiving access for to our applications you should consult your mobile communication’s operator or Internet services’ provider.
3.3 It is possible that our Applications or any sections of those will be inaccessible for any time due to scheduled or unscheduled technical works.
4. ACCOUNTING DATA
4.1 While using our Applications, you can (and in some cases you will need to do so) create an account in our system. In this case, you agree that you must take all necessary measures to protect your credentials and keep them confidential.
4.2 You agree neither to provide anyone with information to log in to your account, nor to permit anyone to use your login information or account information.
4.3 Within the scope of these provisions, concepts such as “login information” or “account” also include information to log into the account and account in any social network or platform with which our Applications may interact with your permission.
4.4 We have the right to assume that the person logging in to your account under your credentials is you or someone else doing so with your permission. In the event that you are unable to keep the login information confidential, or if you reported it or account information to someone (intentionally or accidentally), you assume all responsibility for the consequences of such an activity (including unauthorized purchases) and agree to compensate the whole cost for any damage or loss that may arise.
4.5 We are not responsible for any losses incurred by you as a result of unauthorized access to your account and / or use of our Applications, as well as for any loss or damage caused by unauthorized use, fraudulent activity or anything else.
4.6 We reserve the right to delete your account if it is inactive for 180 or more days. In this case, you will no longer be able to access and / or use Virtual Money and / or Virtual Goods (as defined below) associated with this account; we do not have to pay any compensation to you in this regard.
4.7 You confirm that if you delete your account or we delete your account in accordance with these provisions, you may lose access to any information related to your account (including unlimited progress and / or reached level or earned points in our Applications, as well as all Virtual Money or Virtual Goods associated with your account).
4.8 You accept that you do not have any property rights or other proprietary interests with respect to any accounts created by you while using our Applications. We have the right to block, close, change or delete any of these accounts at any time for any reason or for no reason, with or without notice.
4.9 Your account belongs to you only and you do not have the right to transfer it to any other person.
5. VIRTUAL GOODS AND VIRTUAL MONEY
5.1 Our Applications may contain virtual currency, (“Virtual money”), or items and services intended for use in our Applications (“Virtual Goods”). You agree that Virtual Money and Virtual Goods after their acquisition no longer have a monetary value and are not exchanged for real money, real goods or real services provided by us or by third parties. You agree that Virtual Money and / or Virtual Goods are not transferable to third parties and you will not transfer or attempt to transfer Virtual Money and / or Virtual Goods to anyone else.
5.2 You do not own Virtual Goods and / or Virtual Money, but you can acquire a limited personal right to use them, which can be canceled: the balance of Virtual Goods and / or Virtual Money does not reflect any stored value.
5.3 You agree that all transactions for the sale of Virtual Money and / or Virtual Goods to you are final and we do not make refunds after the purchase is done. If you live in a country of the European Union, you have certain rights to refuse to make remote purchases; However, please note that purchasing a permit for the use of Virtual Goods or Virtual Money, means that you accept that we will begin providing Virtual Goods or Virtual Money promptly upon the completion of the acquisition transaction; Thus, from the moment of completion of the operation, you lose the right to refund. For the purposes of this paragraph 5.3, the “purchase” transaction is deemed to be completed at the time of confirmation of the fact that our servers have purchased and successfully credited the relevant Virtual Goods and / or Virtual Money to your account on our servers.
5.4 We reserve the right to monitor, regulate, modify or delete any Virtual Money or Virtual Goods; We do not have any obligations to you connected with these actions.
5.5 We have the right to revise the pricing policy for Virtual Goods and Virtual Money offered through the Applications at any one time. We can limit the total amount of Virtual Goods or Virtual Money that can be purchased at a time, and / or limit the total amount of Virtual Money or Virtual Goods that can collectively be on your account. You have the right to purchase Virtual Money and Virtual Goods only from us or from our registered partners through the Applications and in any other way.
5.6 Depending on your platform, all purchased Virtual Goods or Virtual Money will be purchased from your platform provider. This purchase is subject to the relevant terms of the Agreement. You should study the use rights for all purchases, as they may vary depending on the position being purchased. Unless otherwise noted, the contents of all in-game stores have the same age limits as the Application itself.
6. USER’S RIGHTS AND OBLIGATIONS
6.1 You are required to act in accordance with the requirements of the law applicable at the place where you access our Applications / Site. If any legal requirements that apply to you restrict you in the use of our Applications / Site, you must comply with such legal restrictions or, if applicable, stop accessing and / or using our Applications / Site.
6.2. The User agrees to properly comply with the terms of this Agreement.
6.3. The User has the right to use the functionality of the Applications solely for the purpose of personal non-commercial use in accordance with the terms of this Agreement.
6.4. The User agrees not to use the Applications and the Site in violation of the rights and legitimate interests of the rightholders, third parties, this Agreement and applicable law.
6.5. The User undertakes to take appropriate measures to ensure the safety of his mobile device and bears personal responsibility in the event of access to his mobile device by third parties. If a mobile device is lost, the User is obliged to immediately inform all Service Providers that issued cards for the User and / or opened an account about the need to block cards and / or accounts.
6.6. The User undertakes to accurately and carefully store the data used for identification in the Applications / on the Site. If the third party has access to the email box specified during registration, the User undertakes to immediately make changes to the Registration Data to prevent the sending of data used for identification in the Applications / on the Site to such a compromised email address.
6.7. The user is prohibited from independently or with the involvement of third parties to decompile the Applications, and to disseminate, communicate to the public and provide other access to the Applications, reverse engineer the Applications or its individual elements.
6.8. The User is responsible for using the Application and its functionality in any manner not expressly provided for in this Agreement.
6.9. Any payments for communication services, including those provided by cellular operators or service providers for providing Internet access, are paid by the User independently.
7. RIGHTS AND OBLIGATIONS OF THE COMPANY
7.1. The Company has the right to transfer rights and obligations under this Agreement to third parties for the purpose of executing this Agreement, without the User’s additional consent.
7.2. The Company has the right to provide Users with chargeable and free Virtual Goods. The Company informs the User about the terms of provision of such Virtual Goods by posting in the Application or on the Site the relevant information about Virtual Goods (name, cost, form and payment procedure).
7.3. The Company has the right to block the User’s access to the Applications in the event that the User breaks the obligations provided in this Agreement.
7.4. The Company has the right to restrict access to the functionality of the Applications for organizational or technical reasons unilaterally until such reasons are eliminated. The Company undertakes to resolve the problems as soon as possible in the functioning of the Applications, and in the absence of such an opportunity to notify the User about it in the Applications, on the Site or in other ways.
7.5. In order to improve and increase the stability of the Applications, the Company has the right to collect, store and process statistical information about the use of the Application by the User.
8. INTELLECTUAL PROPERTY
8.1. All objects accessible through the Application or the Site, including design elements, text, graphics, illustrations, scripts, programs, databases, and other objects (hereinafter referred to as the “Content”), as well as the Applications and the Site, are the objects of exceptional Rights of the Company and other rights holders.
8.2. Except for the cases established by this Agreement and the legislation of the Russian Federation, no content can be copied, reproduced, processed, distributed, published, downloaded, transmitted, sold or otherwise used without the prior consent of the Company.
8.3. The use of intellectual property is allowed only for personal non-commercial purposes by reproducing and applying the functionality of the Applications. The use of content, as well as any other elements is possible only within the proposed functionality.
9. GUARANTEES AND RESPONSIBILITIES OF THE PARTIES
9.1. The User agrees that for the execution of this Agreement third parties may be engaged and the same rights as the Company are granted to the said third parties.
9.2. The User guarantees that he will not take any actions aimed solely at causing damage to the Company, cellular operators, persons providing access to the Internet, rights owners or other persons.
9.3. In the event of a breaking the terms of use of the Applications and its functionality, the rights and obligations of the User, as well as in case of breaking the clause 9.2 of this Agreement, the User undertakes to reimburse the Company for the material loss caused by such actions.
9.4. If the User does not prove the contrary, any actions performed using his mobile device and under his profile in the case of the User’s registration shall be deemed committed by the relevant User.
9.5. The Company does not guarantee that the Applications and their individual elements do not contain errors and will function in accordance with the expectations of the User. The presence of errors or deficiencies, which also leads to the impossibility of the functioning of the Applications and / or its individual capabilities on the User’s mobile device, is not the basis for the exchange, return or repair of such mobile device. The user is notified and agrees that his mobile device may not support separate application functionality.
9.6. The company does not guarantee anything about information provided through the Applications. Any information provided in the Applications is the result of the processing of the request and the search for the requested information, while the Company is not a person who places such information, publishing or providing it to the User or other third parties. The Company can not guarantee that the information provided to the User at its request using Applications through the Internet will meet its expectations.
10. CONFIDENTIALITY
10.1. The Parties undertake to take all necessary measures to ensure the protection and security of information and documents exchanged in the Applications or accessible to the Parties in connection with the use of the functions of the Applications.
10.2. The user takes necessary measures to preserve confidentiality, prevent unauthorized use and protect his data from unauthorized access by third parties himself.
10.3. The Company will maintain confidentiality of data that has become known to it in connection with the implementation of this Agreement, unless:
1. such information is publicly available;
2. the information is disclosed on demand or with the consent of the User;
3. Information is to be provided to third parties in the necessary amount to fulfill the terms of the Agreement, as provided for in this Agreement;
4. Information requires disclosure on the grounds provided for by the legislation of the Russian Federation.
11. LINKS TO THIRD PARTY SITES
11.1. Applications may contain links or provide access to other sites on the Internet (third-party sites) and content located on these sites, which is a result of the intellectual activity of third parties and it is protected in accordance with applicable law. The specified sites and the content placed on them are not checked by the Company for compliance with the requirements of applicable law.
11.2. The Company is not responsible for any information or content posted on third-party sites to which the User obtains access through the Applications, including any opinions or statements expressed on the websites of third parties.
11.3. The User confirms that from the moment of the User’s transition through the link contained in the Applications to the site of a third party, the relationship between the Company and the User is terminated, this Agreement is not further extended to the User, and the Company is not responsible for the User’s use of content, the legitimacy of such use and quality of Content posted on third-party sites.
12. FINAL PROVISIONS
12.1. In the event of any dispute or disagreement arising out of the implementation of this Agreement, the User and the Company will use their best endeavors to resolve them by negotiating between them. In the event that disputes are not resolved by negotiation, disputes shall be resolved in the appropriate competent court at the location of the Company in the manner prescribed by applicable law.
12.2. This Agreement с
comes into force for the User from the moment of its acceptance by the User in accordance with clause 2.2 of the Agreement and is effective until it is changed or terminated on the initiative of the Company.
12.3. If any provision of this Agreement is deemed invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.
12.4. This Agreement is made in accordance with the legislation of the Russian Federation. Issues which are not regulated by the Agreement shall be resolved in accordance with applicable law.
12.5. Appeals, proposals and claims of individuals and legal entities to the Company related to the content and functioning of the Annexes, violations of the rights and interests of third parties, the requirements of the applicable law may be sent to the e-mail address support@morkwa.com.
