The terms of this agreement ("Terms of use" or "Terms") govern the relationship between You (hereinafter “You”) and SMORODINA (hereinafter "SMORODINA" or "We") regarding Your use of SMORODINA games and related services, which include applications for mobile devices. In this agreement, "SMORODINA" means SMORODINA located at Derzhavinskaya 10a, Tambov, Russia, 392000.
This document then applies to all games and applications released SMORODINA and located: https://play.google.com/store/apps/dev?id=5536898725395678245, https://itunes.apple.com/developer/oleg-kapitonov/id391297312
1.1 These Terms of use shall apply for using all the games, mobile applications, game portals, game forums, chat rooms of the games and other game services published and/or provided by SMORODINA on any web-site, platform and/or application store (hereinafter collectively referred to as the “Game Services”.
1.2 Your use of any Game Services is governed by GENERAL TERMS OF SERVICE placed on the Internet at https://smorodina.mobi/legal/us/terms (hereinafter the "General Terms"), by these Terms of use, as well as other agreements and terms in respect of certain Game Service (if any).
1.3 Please note that the Game Services may offer services and software of the partners of SMORODINA, the use of which shall be governed by separate agreements with these partners of SMORODINA.
1.4 Regulation of Your use of Game Services designed for mobile devices displayed on the showcase at smorodina.mobi is defined by documents contained in the respective application stores. The description of the certain Game Services in the application store may contain a reference to these Terms of use, which means that Your use of that Game Services is governed by these Terms of use.
Please read carefully the contents of these Terms and documents referred to in sub-paragraphs 1.1 to 1.4.
1.5 Your use of the Games Services, registration of an Extra Account in the Game Services, the beginning of gameplay in any game, posting a message in the forum/game chat, as well as downloading any software that is offered for download on the games smorodina.mobi website or on the website of the respective game, is a proof of your unconditional consent to the terms of the above mentioned documents.
1.6 By registering at the Game Services You confirm that Your age is sufficient for such registration under the applicable laws and/or You have all necessary consents (e.g. parental consents) in full compliance with the applicable laws, including for purposes of data protection laws, otherwise the registration at the Game Services and using them is prohibited.
2.1 The Game Services shall be used in accordance with the terms and agreements outlined on the web pages/websites dedicated to the relevant Game Services (hereinafter the “Special conditions”). If there are no Special conditions governing the use of a Game, the provisions of these Terms of use shall be applied.
2.2 From the moment of registration of a Main Account and/or an Extra Account and/or downloading the certain part of the Game Services, depending on what happened earlier, SMORODINA grants You a non-exclusive, non-transferable to third parties, limited license to use the Game Services, including all subsequent amendments and improvements (if any) for personal non-commercial purposes by obtaining access to the published by SMORODINA, as well as downloading and installing the client portion of the Game Services (if any). Subscription is renewed automatically. We are not responsible for the fact that the player did not turn off the auto-renewal.
2.3 Subject to compliance with the terms and conditions of these Terms, You are entitled to:
2.4 You are not permitted to:
2.5 All rights not expressly granted to You under these Terms shall be reserved by SMORODINA.
3.1 If You wish, You can purchase proposed in the Game currency (in-game currency), which can be used by You solely under the conditions, specified below. All fees payable for in-game currency are non-refundable.
3.2 The in-game currency, although it has a price at the time of purchase, has no monetary value and is not subject to monetary evaluation, is not a means of payment and serves a sole purpose so that You can exchange it for consumed in-game valuables. The in-game currency cannot be exchanged for cash or other valuables, except for in-game valuables in the usual course of the game process, even if it was not used by You while You had the opportunity.
3.3 In-game currency is purchased by You by paying for the appropriate amount of the in-game currency by one of the payment methods, provided for each respective Game Services/on the corresponding website of the Game Services. The charge of the in-game currency to Your in-game account shall be made as soon as possible, however, due to circumstances beyond the control of SMORODINA, there may be delays in the provision of payment information systems about Your payments. Please note that SMORODINA will not credit the in-game currency to Your in-game account until SMORODINA has received a confirmation of receipt of Your payment. In case of no crediting of Game currency within 24 hours from the time of payment, please contact our customer service – support@smorodina.mobi. The moment of crediting the in-game currency and the rights of its use in the Game Services by the provided ways shall be considered the moment of reflection on Your in-game account, established under the relevant Game Services, of the monetary inflow to the account of SMORODINA.
3.4 You can exchange in-game currency for in-game valuables that are available at a particular time. And thus You acknowledge that this is the only operation You can perform with the in-game currency. For the purposes of the present Terms, You acknowledge that in-game valuables also refers to Bonus Codes that provide the possibility of obtaining bonus gifts in the Game Services.
3.5 The purchase of in-game currency and the exchange of in-game currency for in-game valuables shall be made by You at Your own risk. SMORODINA do not guarantee, that (i) the in-game valuables desired by You will be available at the time of crediting the in-game currency to Your in-game account, (ii) You can use the in-game valuables for an indefinite or desired period, (iii) You can exchange in-game currency for specific or any in-game valuables for an indefinite or desired period , (iv) the characteristics or the intended use of the in-game valuables will be unchanged for the duration of the operation or the Game Services or will meet Your expectations or views.
3.6 By purchasing in-game currency, as well as exchanging in-game currency for in-game valuables, You realize that (i) Your access to the Game Services may be terminated according to these Terms, and/or (ii) the Game Services may cease to exist at any time for any reason, and this does not give You reason to require from SMORODINA refund of the fees paid for the in-game currency.
3.7 The moment that the in-game valuables are allotted is the moment that the in-game currency is credited to and reflected in the in-game account.
3.8 You are prohibited to sublicense, sell or attempt to sell the in-game valuables for money, or exchange the in-game valuables for value of any kind outside of the Game Services. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account and/or Your access to the Game Services to termination.
4.1 Using the Game Services, You agree to observe this Code of conduct.
(A) General Terms of virtual communication with other users in the game forums, in game chats
When placing any materials, data, comments, messages, information, as well as links to them (hereinafter in this section the "Content") in forums, chats, other virtual spaces designed for communication, You agree not to:
(B) Terms of choosing the name of the game character, the name of the clan, group, user name at the game forum
The Users are prohibited from using as the name of the game character, name of the game clan or other group, as well as the name of the User at the forum the following designations:
(C) Terms of the Game Services
Terms of the Game Services that determine an order of participation in the game process, interaction with the computer (PvE) or real players (PvP), may be set for each concrete Game Services on the page, devoted to the corresponding Game Services.
Unless other is established by the Terms of the Game Services, SMORODINA shall have the right to apply to You, in case of violation of these Terms and/or Terms of the Game Services, the following types of sanction depending on the extent of the violation committed by You on the game process and other users:
UNLESS OTHERWISE EXPRESSLY PROVIDED BY THE SPECIAL AGREEMENT, REGULATING USE OF A PARTICULAR GAME SERVICE, THE GAME SERVICES WILL FUNCTION BY THE PRINCIPLE "AS IS", WHICH MEANS WITHOUT QUALITY WARRANTIES AND SUITABILITY FOR ANY OBVIOUS OR IMPLIED PURPOSES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SMORODINA HEREBY WAIVES ANY EXPRESSED OR IMPLIED WARRANTIES THAT THE GAME SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WILL CORRESPOND TO INDIVIDUAL REPRESENTATIONS AND EXPECTATIONS OF USERS. THUS, SMORODINA WILL TAKE ALL WELL GROUNDED COMMERCIALLY REASONABLE MEASURES FOR ENSURING OPERABILITY OF THE SMORODINA GAME SERVICES. SMORODINA SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF YOUR USE OF THE SMORODINA GAME SERVICES) AT ANY TIME TO SUSPEND OR STOP FUNCTIONING AND/OR ACCESS TO THE SMORODINA GAME SERVICES, FOR ALL OR SOME USERS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SMORODINA DISCLAIMS ANY OBVIOUS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, HARMLESSNESS, ABSENCE OF VIRUSES, FAULTLESSNESS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA, MATERIALS, AS WELL AS GAMES PROVIDED BY SMORODINA, OTHER USERS OF SMORODINA. SMORODINA DOES NOT WARRANT THAT CHARACTERISTICS OF YOUR PERSONAL COMPUTER OR OTHER DEVICE ARE SUFFICIENT TO USE SMORODINA GAME SERVICES. PLEASE LEARN IN ADVANCE THE SYSTEM REQUIREMENTS SHOWN IN PARTICULAR GAME SERVICES TO YOUR COMPUTER DEVICE.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SMORODINA SHALL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, LOST PROFIT, LOSS AND/OR DESTRUCTION OF DATA, LOSS/TERMINATION/SUSPENSION OF ACCESS TO YOUR EXTRA ACCOUNT IN THE GAME, LOSS BY THE USER OF ACHIEVEMENTS OR PROGRESS IN THE GAME, LOSS/DESTRUCTION/CHANGE OF THE INFORMATION, PLACED BY THE USER AT FORUMS OR CHATS OF THE GAME. IN ANY CASE THE LIABILITY OF SMORODINA TO YOU IS LIMITED TO COMPENSATION OF REAL DAMAGE, WHICH WILL NOT EXCEED 100 EUROS. LOST PROFIT SHALL NOT BE COMPENSATED TO YOU UNDER ANY CIRCUMSTANCES. SMORODINA SHALL NOT BE RESPONSIBLE FOR DIRECT OR INDIRECT LOSS TO YOU OR OTHER THIRD PARTIES CAUSED AS A RESULT OF (A) USE OR IMPOSSIBILITY OF USE OF ANY SERVICES AND/OR GAMES OF SMORODINA, (B) UNAUTHORIZED ACCESS OF ANY THIRD PARTIES TO PERSONAL INFORMATION OF THE USER, INCLUDING THE ACCOUNT OF THE USER, YOUR INTRA GAME ACCOUNT IN THE GAME, AND (C) STATEMENTS OR BEHAVIOR OF ANY THIRD PARTY IN THE GAME, AT FORUMS, IN GAME CHATS, IN COMMENTS ON THE smorodina.mobi website. SMORODINA SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF SMORODINA, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND SMORODINA’S CONTROL SUCH AS 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, LABOR OR MATERIALS.
8.1 You provide SMORODINA data at the creation of the Account as well as any other information placed in the Game Service at Your own risk. Though SMORODINA undertakes all efforts for ensuring confidentiality of those data which are not intended for public viewing (Privacy Policy: https://smorodina.mobi/legal/us/privacy), it is necessary to consider that no security measures are perfect and they can be bypassed.
8.2 You are fully responsible for the safety of Your login and password that are necessary for access to the Account. All actions made by You in Your Account, are considered to be made by You, if You do not notify SMORODINA about loss of Your login and password for the Account or other cases of loss of control over the Account and Your Account will not be blocked beforehand.
8.3 SMORODINA cannot control the actions of other users with whom You want to share Your profile and information. Therefore SMORODINA cannot warrant that any content that You post on the Games Services will not be available for viewing by unauthorized persons.
8.4 SMORODINA shall not be responsible for any detours undertaken on the SMORODINA Games websites and in the Games of security measures.
8.5 You understand and acknowledge that, even after removal of data and content provided/arranged by You, these data or content may remain visible in the cache or web archives, as well as in the results of search engines, and may also be available to other persons, if other users have copied and stored Your data or content.
8.6 You hereby acknowledge that all comments, messages, information, data, content, placed by You in the Game Services are likely to be available for viewing, copying by third parties. You are responsible for the texts, files, images, photos, videos, sounds, works of music, copyrighted works and other material and information etc. placed and published by You on the net (hereinafter referred to as "published information"), that You make available in the Game Services or exchange with other users. We neither appropriate these contents nor do we agree to them. We have no control over the information placed in the Game Services by users. We do not check these contents before they are published. Insofar as we have knowledge of illegal contents, or receive such knowledge, we will delete it immediately. We do not accept any liability for these contents, nor, in particular, do we accept liability for correctness, completeness or integrity.
9.1 SMORODINA reserves the right to assign its rights and obligations arising out of these Terms to any third party at its discretion, by notifying You by posting the new edition of these Terms. Your rights and obligations arising out of these Terms shall be considered transferred to the assignee of SMORODINA at the moment of the respective notification.
9.2 Your rights and responsibilities are personal and non- transferable.
9.3 SMORODINA has the right at any time at its discretion without further notice to You to change the functionality and the content of the Game services.
9.4 Any claim You may have to SMORODINA in connection with the use of Game Services shall be made within one year from the moment You knew or should have known about the violation of Your rights; otherwise presenting a claim is prohibited.
9.5 In order to improve its services, SMORODINA reserves its right to make in the Games automatically (without an additional request for Your consent) updates and changes. In order to ensure the effectiveness of these updates and changes, and the possibility of extending the use of the Games, You hereby consent to the introduction of automatic updates and changes.
9.6 You hereby acknowledge that all rights to intellectual property to the Game Services belong to SMORODINA and its licensors.
9.7 SMORODINA reserves the right at any time, without notice to You and without stating any reasons, to suspend access to and the possibility to use the Game Services without compensation to You of any costs, losses or remuneration, including in the case of any, including single, violation of the terms of these Terms, the Terms of the Game Services or other applicable terms and agreements.
9.8 Both parties have an ordinary right to terminate these Terms of use at any time with immediate effect. Ordinary termination does not require any reasons to be given. In particular, but not exclusively, we have the right to terminate these Terms of use with You, if You violates laws, or breaching these Terms of use, Code of Conduct, the particular Game Services rules or You do not use Your a Account/ Game Services for a period of four weeks.
9.8.1 You have the right at any time without notice to SMORODINA and without explanation to terminate the present Terms in unilateral extrajudicial order by discontinuing the use of the Account.
9.9 In the event that You, in accordance with the laws of Your state, are prohibited to use sections or services of the games.my.com website, computer online games, or there are other legal restrictions, including restrictions on the age of admission to such software, You do not have the right to use the Game Services. In such a case, You will be solely responsible for the use of the Game Services or the relevant sections and services of the games.my.com website on the territory of Your state in violation of the local legislation.
9.10 These Terms shall be governed and construed by the law Of Russia . All disputes arising in connection with these Terms are subject to mandatory pre-trial settlement by the Parties, and in case of failure to reach agreement during the pre-trial settlement of the dispute – in the court having jurisdiction at the location of SMORODINA.
9.11 These Terms can be modified by SMORODINA without any prior notice. Any changes to these Terms, implemented by SMORODINA unilaterally, shall enter into force on the day following the date of publication of such changes on the website at https://smorodina.mobi/legal/us/terms. You agree to independently verify these Terms for changes. Failure by You to familiarize yourself with these Terms and/or the modified version of the Terms is not a reason for non-performance by You of Your obligations and failure by You to comply with the restrictions imposed by these Terms.
9.12 You hereby understand, accept and agree that any Game may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and You hereby guarantee that You do not suffer such disorders, or You will not use a Game. You accept and agree that regular long-term (continuous) usage of the personal computer can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that You will use any Game only for a reasonable time, with breaks for rest and that You will take other measures prescribed by Your doctor.
9.13 The invalidity of one or more provisions of these Terms, recognized in the established order, which came into force by a court decision, does not entail for the parties the invalidity of the Terms as a whole. In the event that one or more provisions of the Terms in due course become invalid, the Parties agree to fulfill the obligations of these Terms as closely as possible to those implied by the parties at the conclusion and/or agreeing of changes in the Terms.
9.14 On matters related to the execution of the Terms of Use, please contact the Licensor at its location: Derzhavinskaya 10a, Tambov, Russia, 392000, or at email support@smorodina.mobi
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
SMORODINA | 2018