Last Modified: MAY 25, 2018IMPORTANT - READ CAREFULLY: this app is currently in the beta testing phase.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE
1. LICENSE AND RESTRICTIONS.
Subject to these Terms, Mishka Production grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Mishka Production's express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing "Mishka Production", its affiliates, partners or artists without Mishka Production's express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, "hacking" the Services, or infringing the intellectual property or other proprietary rights of Mishka Production or third-parties.
Additionally, where the Services are a downloadable game and/or application ("App"), Mishka Production grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked. 2. THIRD-PARTY PRODUCT, SERVICES AND LINKS.
The Services may include hyperlinks to other websites over which Mishka Production has no control. Mishka Production is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.
3. ACCESS TO THE SERVICES.
You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Mishka Production does not authorize use of automated methods to sign up for an Account, and Mishka Production reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.
The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Mishka Production's sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
You agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given, except in Mishka Production's sole and absolute discretion. Mishka Production has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Mishka Production has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Mishka Production reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Mishka Production may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Mishka Production is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Mishka Production discontinues availability of the Service; or (d) you disassociate from the Service. 5. ADVANCEMENTS, QUALITY AND DEFICIENCIES, ROLL-BACK AND BETA TESTING.
In exceptional cases such as within the framework of updates or error rectifications, it may be required to reset the App to an earlier status in order to prevent any greater damage (in these Terms and Conditions referred to as "Roll-back"). In this context, the App progress, App score, high scores and achievements/accomplishments, etc. are reset to a corresponding earlier status; any changes in the interim or any developments are lost. Any real money purchases you made in the period of time between the time when the Roll-Back is initiated and the time that the App system is rolled back to will not be refunded, but instead be given to you once more as part of the Roll-Back. Your further claims are excluded unless otherwise specified in these Terms and Conditions. Mishka Production is entitled but not obliged to grant its users a voluntary bonus e.g. in form of virtual currency or premium features. It is at Mishka Production discretion to grant such a bonus and it does not oblige Mishka Production to grant a bonus during future rollbacks to other users or the same users.
Mishka Production can offer you for the purpose of testing participation in or use of the App, its elements, Services and contents that are not smoothly running yet (in these Terms and Conditions referred to as «Beta»). Beta can include programming errors - even serious ones - known or unknown to Mishka Production. These may lead to the App's or your terminal to crash. Within the framework of Beta, Mishka Production may delete or add contents at any time among others to search for errors and to improve the game experience. Furthermore, it can reset game scores, install backups or create specific game scores. You are not entitled to the restoration of a specific game status. Mishka Production can extend, shorten any Beta in whole or in part at any time. 6. ONLINE CONTENT AND CONDUCT.
The Services may include opportunities, through your Account or SNS, to chat or participate in blogs, message boards, online forums and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world ("Forum(s)") links, writings, photos, graphics, or other material ("Forum Content"). All Forum Content posted by you to any Forum shall be your sole responsibility.
The Forums shall be used only in a noncommercial manner. Mishka Production has the right, but not the responsibility, to monitor or remove Forum Content that Mishka Production believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. Mishka Production in its sole discretion, reserves the right to restrict or disable your use of the Forums.
By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to Mishka Production a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publically display and perform, make derivatives works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third-parties in the Forums, are those of the respective authors and not of Mishka Production or its affiliates, and Mishka Production is not responsible for the accuracy or reliability of same. Mishka Production makes no representations or warranties regarding the Forums.
All Forum Content posted by you to any Forum shall be your sole responsibility.
You understand that you may be exposed to Forum Content and actions from other users that are indecent, explicit, offensive, or which otherwise violates these Terms ("Inappropriate Activity"). You can report actual or suspected Inappropriate Activity to email@example.com. Mishka Production reserves the right, in its sole discretion, to take any action against Inappropriate Activity that Mishka Production believes to be harmful, offensive, or otherwise violates these Terms. You agree that Mishka Production will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom. 7. TITLE.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the "Mishka Production Content") shall remain in Mishka Production and/or its suppliers, and are protected by the copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Mishka Production Content without prior written consent from Mishka Production.
The Services may allow you to create content ("Your Content") that incorporates the Mishka Production Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play. Mishka Production retains all rights, title and interest in and to the Mishka Production Content. You retain all rights to Your Content; provided, however, that Mishka Production shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Mishka Production's use of Your Content. 8. DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.
MISHKA PRODUCTION MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
THE SERVICES ARE PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, MISHKA PRODUCTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE MISHKA PRODUCTION SERVICES IS AT YOUR SOLE RISK.
MISHKA PRODUCTION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU FURTHER ACKNOWLEDGE THAT MISHKA PRODUCTION IS NOT LIABLE, AND YOU AGREE NOT TO HOLD MISHKA PRODUCTION LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU. 9. TERMINATION.
These Terms will automatically terminate if you fail to comply with any term hereof. You and Mishka Production have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services. Your obligations under Sections 6, 7, and 12 shall survive any termination. 10. NO ASSIGNMENT.
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Mishka Production's express written consent.
11. INFRINGEMENT NOTIFICATION.
Any claims related to the Services should be addressed to: firstname.lastname@example.org 12. GENERAL.
In the event that you take legal action, suit must be filed before a сourt of the Russian Federation.
CONTACT US. If you have questions regarding these Terms, please contact us at: