This End User License Agreement ("Agreement") is entered into between any individual using the mobile application "Diaverse" (hereinafter referred to as the "Licensee") and the Joint Stock Company "Diaverse" represented by the General Director Anastasia Andreevna Petrova (hereinafter referred to as the "Licensor").
In addition to the Agreement, the Privacy Policy, constantly available at https://diaverse.app/privacy-policy/eng, must apply to the relations between the User and the Licensee.
1. TERMS AND DEFINITIONS
An application is a mobile application, which is a computer program consisting of a set of data, commands, and the audiovisual displays generated by them, activated sequentially to obtain a specific result by the Licensee, as provided by the application scenario, which is downloaded by the Licensee to their mobile device from an online mobile application store.
The Rights Holder is the the Joint Stock Company "Diaverse" represented by the General Director Anastasia Andreevna Petrova, with the address: 123112, Russian Federation, Moscow, Presnenskaya Embankment, 12, room. 11/45, who grants the right to use the Application on the terms of a non-exclusive license.
The Licensee is a natural person with the necessary legal capacity to enter into this Agreement, who is granted the right to use the Application within the limits provided for in the Agreement.
Licensee Account (account) - the account of the Licensee created as a result of the Licensee going through the registration procedure in the Application, which allows the Licensee to keep track of each Licensee and provides the opportunity to authorize (gain access) through a unique login and password or other method provided in the Application.
Licensee's personal account is an internal virtual account tied to the Licensee's account, which keeps track of the portal currency purchased by the Licensee.
The rights to inactive data and commands - provided by the Agreement on the rights to use data, commands, and the audiovisual representations generated by them in the Applications by activating them to obtain a specific result by the Licensee as provided for in the Application scenario, acquired by the Licensee after payment of the specified Remuneration. These Rights can also be obtained by the Licensee from the Rights Holder for performing in-game activities and in other cases in the manner provided for in Section 5 of this Agreement.
Inactive data and commands are the currency and in-game items.
In-game items are in-game assets, including in-game currency, that provide the Licensee with gaming advantages and additional opportunities as provided by the Application scenario.
Portal currency is a virtual currency of the Application, intended solely for use within the Application for the purpose of gaining access to additional functionality of the Application and/or exchanging for in-game items. Portal currency is not a means of payment and cannot be converted back into monetary funds under any circumstances.
Remuneration - a fee paid by the Right Holder to the Licensee for granting the right to use inactive data and commands within the limits set in the Agreement.
Internal instalment - a form of payment of the Rights Holder's Fee where the Licensee pays the amount of the Remuneration by instalments in accordance with the procedure established by the Rights Holder. Internal instalments are provided by the Rights Holder without involving banks, credit and other financial organizations.
The client part of the Application is software necessary for the Licensee to participate in the Application, which needs to be installed (downloaded) on the Licensee's mobile device. The client part of the Application is installed by the Licensee independently on their mobile device. The client part of the Application is distributed by the Rights Holder through the Internet in mobile app stores (App Store, Google Play). The client part of the Application distributed over the Internet is provided to the Licensee free of charge, with the right to reproduce, unless otherwise provided by the Agreement.
The territory of this Agreement is not limited.
2. ACCESSION TO THE AGREEMENT
2.1. Before using the Application, the Licensee is obliged to familiarize themselves with the Agreement, as well as with all the documents that are freely available on the account registration page or specified in the Agreement.
2.2. After reviewing the Agreement, the Licensee agrees (accepts) the Agreement by clicking the "register" button. By continuing to use the Application, the Licensee accepts the terms of the Agreement in full, which is a factual action indicating the conclusion of a contract, creating obligations for the Licensee to comply with the terms of the Agreement.
2.3. The individual who has authorized in the Application is considered the rightful user of the account, access to which was obtained as a result of registering the account, in the absence of information indicating otherwise.
3. SUBJECT OF THE AGREEMENT
3.1. In accordance with the Agreement, the Copyright Holder grants the Licensee a simple non-exclusive license to use the Application within the limits defined by the Agreement.
3.2. The licensee is granted the right to use activated and inactivated data and commands under the terms of this Agreement.
3.3. The obligation of the Rights Holder to provide the rights to use Inactive data and commands and/or Portal currency is considered fulfilled at the moment of reflection of the Inactive data and commands and/or Portal currency in the Licensee's Account. From this moment, the Licensee obtains the rights to use the volume of inactive data and commands on the terms of this Agreement.
3.4. The portal currency is reflected in the Licensee's Personal account after the Rights Holder receives information from third parties (payment systems) about the completion (confirmation) of the payment.
3.5. Since the portal currency is reflected on the Licensee's personal account, the Licensee shall not be entitled to demand a refund of the Remuneration from the Rights Holder, unless otherwise expressly provided for in this Agreement or applicable legislation.
3.6. The correspondence between the volume of inactive data and commands to the amount of portal currency is determined by the Rights Holder. The correspondence between the size of the Reward and the amount of portal currency is determined by the Rights Holder.
3.7. The payment of the remuneration is not a necessary condition for the use of the Application by the Licensee or for the participation of the Licensee in the Application and is at the discretion of the Licensee.
4. APPLICATION USAGE LIMITS
4.1 The licensee is entitled to use the Application in the following ways:
4.2 The licensee is not entitled to:
5. RIGHTS TO USE INACTIVE DATA AND COMMANDS
5.1. At the request of the Licensee, the Licensor grants the Licensee the right to use inactive data and commands (a simple non-exclusive license) upon payment of remuneration by the Licensee, unless otherwise provided for in the Agreement.
5.2. The right to use the inactive data and commands is granted to the Licensee for the duration of the Agreement, unless such right is terminated earlier, including in connection with the implementation of the Application scenario.
5.3. The amount of remuneration for providing the right to use inactive data and commands in the form of additional functionality and/or in-game items of the Application is determined by the Rights Holder and may be unilaterally changed by them at any time without prior notice to the Licensee. The amount of the remuneration to be paid is specified by the Rights Holder separately for each inactive data and command in the respective interface of the Application in the currency specified.
5.4. At the Licensee's request, the Licensor grants the Rights Holder the right to pay the Fee for granting the right to use the Inactive data and commands by means of an Internal Instalment Plan.
5.5. The Rights Holder has the right to grant the Licensee an Internal Instalment for the following periods:
5.6. The term of the Internal Instalment period, the amount of the payment as well as the date of the next instalment shall be indicated by The Rights Holder separately for each Inactive data and commands in the respective interface of the Application in the specified currency.
5.7. The right to use the Inactive data and commands is granted to the Licensee on the date (moment) of execution of the Internal Installment by reflecting the Inactive data and commands in the Licensee's Account in the corresponding interface of the Application.
5.8. The Licensee undertakes to make payments under the Internal Installment plan within a period not exceeding 3 (three) calendar days from the date of making the next payment specified by the Licensor in the relevant interface of the Application.
5.9. If the Licensee fails to meet the deadline for making the next instalment payment under the Internal Instalment plan provided for in clause 5.8 of the Agreement for more than thirty (30) calendar days, the right to use the Inactive data and commands acquired by the Licensee under the terms of the Internal Installment Agreement is cancelled.
Cancellation of the aforementioned right means deletion of the Inactive data and commands purchased on the terms of the Internal Installment from the Licensee's Account in the corresponding interface of the application, imposition of restrictions on access to the Portal currency, as well as entering the user into the ‘blacklist’ of The Rights Holder.
5.10. The Licensee acknowledges that during the use of the Application, the Licensor has the right to deny the Licensee the use of rights, including the right to use inactive data and commands, for any reason, and this does not give the Licensee grounds to demand a refund of the previously paid Remuneration from the Licensor, unless otherwise provided by applicable law.
5.11. Upon the first payment of the Remuneration by the Licensee, the Licensor automatically creates a personal account for the Licensee, which is directly linked to the Licensee's account.
5.12. The remittance of funds is carried out by the Licensee through supported payment systems to the bank account of the Rights Holder.
5.13. In the event that, as a result of a technical error, malfunction of the Application, or intentional actions of the Licensee, they have gained access to inactive data and commands in a manner not specified in this Agreement, the Licensee undertakes to immediately notify the Copyright Holder of this fact or compensate the Copyright Holder.
5.14 The Licensee guarantees the Rights Holder that he has the right to use the selected means of payment for the Remuneration without violating the legislation of the country of which the Licensee is a citizen and the rights of third parties. The Rights Holder shall not be held responsible for any damages caused to third parties and/or other Licensees as a result of the Licensee using means of payment that do not belong to him.
5.15. The copyright holder is not responsible for any possible illegal actions of the Licensee when paying the Remuneration. The copyright holder reserves the right to unilaterally revoke the license for the Application and/or rights to use inactive data and commands if there is suspicion of the Licensee engaging in unlawful actions, pending the clarification of circumstances.
5.16. Features of the Licensee's payment of the license fee for the right to use inactive data and commands using bank cards.
5.17. The licensee agrees, understands and accepts the fact that the Application is not a gambling game, a money game, a contest, or a bet. The acquisition of a license for the right to use deactivated data and commands is the realization of his own will and desire and is not a necessary or mandatory condition for using the Application, established by this Agreement.
6. RIGHTS AND OBLIGATIONS OF THE RIGHTS HOLDER
6.1. The rights holder is obliged to:
6.1.1. Provide the Licensee with the right to use activated data and commands free of charge through the Internet, unless otherwise provided by this Agreement;
6.1.2. Provide the Licensee with the right to use inactive data and commands for a fee.
6.2. The rights holder has the following rights:
6.2.1. At any time, unilaterally restrict, expand, modify the content of the Application as a computer program, as well as add, modify the Application, any of its parts, including the Client part without prior notice to the Licensee.
6.2.2. suspend or modify the Application as a computer program, change the terms of its licensing without prior notice to the Licensee;
6.2.3. at any time suspend, limit and/or terminate the operation of the Agreement unilaterally in relation to the Annex as computer software for any or all Licensees, including in case of Licensee's failure to comply with the terms of the Agreement;
7. RIGHTS AND OBLIGATIONS OF THE LICENSEE
7.1.Licensee shall:
7.2. The licensee warrants that they have all necessary powers to enter into this Agreement. If the licensee has not reached the age of majority according to the legislation of their country of citizenship or has become fully legally incapacitated due to other circumstances provided for by the legislation of their country of citizenship, they must independently obtain the necessary permission in the required legal form from their parents or other legal representatives.
7.3. To avoid any doubts, the Licensee agrees that the Licensor cannot verify their age at the time of the Licensee's access to the Application, and therefore is not responsible to the Licensee for the possibility of access to the Application.
8. DISCLAIMER
8.1. The licensee assumes all risks associated with the use of the Application. The Application is provided "as is", without any warranties from the Rights Holder regarding its use. The Rights Holder is not responsible for the Application meeting the expectations of the Licensee or for the error-free and uninterrupted operation of the Application. The Licensee does not guarantee error-free and uninterrupted operation of the Application and by default is not liable for any damage caused to the Licensee due to technical failures of hardware or software on any side.
8.2. The Licensee acknowledges that there may be errors or defects in the Application, and agrees that the existence of immaterial errors does not constitute a breach of this Agreement and is not a basis for liability of the Rights Holder.
8.3. The rights holder is not responsible for the Licensee's lack of access to the Internet, the quality of services provided by Internet service providers with whom the Licensee has contracts for access to the Internet, as a result of which the use of the Application may be difficult or impossible.
8.4.The licensor does not compensate the licensee for expenses related to the payment of royalties by the licensee, including in case of suspension or termination of this Agreement for any reason, unless otherwise provided by applicable law.
8.5. The rights holder shall not be liable for any direct or indirect damage caused to the Licensee or any third parties as a result of:
8.6. The licensor is not obliged to provide the licensee with any evidence, documents, or other proof of the licensee's violation of the terms of the Agreement, as a result of which the action of this Agreement was suspended or terminated.
8.7.The copyright holder shall not be liable for the impossibility of performing obligations under this Agreement, including the unavailability of the Application, arising from reasons beyond the control of the copyright holder, including force majeure circumstances, and in the event of blocking/prohibition/slowing/deletion of the Application and/or its components on the Territory, in connection with a technical failure of the Application, interception of control of the Application (hacking) by third parties, as well as if the copyright holder of the Application receives a demand for removal/slowing of the Application and/or its components from a competent state/municipal authority and/or other authorized persons.
8.8. The parties agree that the amount of damages to be reimbursed to the Licensee as a result of any violations related to the use of the Application is limited to the amount of 10,000 (ten thousand) rubles or the equivalent of this amount converted at the exchange rate of the Licensee's national currency.
9. TERRITORY AND DURATION OF AGREEMENT
9.1.The licensee is entitled to use the Application in the ways described in this Agreement, in the territories where it is available within the normal gameplay usage.
9.2.This Agreement shall enter into force on the date the Licensee expresses consent to it online (by registering in the Application) and shall remain in force until terminated in accordance with clause 9.3 or until the Licensee deletes their account in the Application.
9.3.After termination of the Agreement, the Licensee loses all rights (access) to use the Application. At the same time, the Rights Holder does not provide the Licensee with any compensation, including damages of any kind related to the termination of this Agreement.
9.4.Unless otherwise expressly provided by applicable law, the Rights Holder has the right to unilaterally terminate this Agreement at any time without prior notice to the Licensee and without explanation, without reimbursement of any expenses, losses, or return of the Remuneration received under the Agreement, including in the event of:
9.5.The licensee agrees and fully acknowledges that all exclusive rights to the Application, including game characters, game items and accessories, game coins, in-game assets, graphic images, photos, animations, video images, video clips, sound recordings, sound effects, music, textual content of the Application and other components of the Application belong to the Right holder and/or the respective copyright holders of these objects.
9.6.The licensee understands, acknowledges, and agrees that any element of the Application, in particular, any game characters, are part of the Application as computer software and are protected by copyright. Although the licensee is granted the right to use activated data and commands and may be granted the right to use deactivated data and commands, and is allowed to manage such game characters during the use of the Application, including developing such characters according to the Application's scenario, such management and character development is not and cannot be construed under any circumstances as a transfer and/or assignment of exclusive rights in relation to said game character from the Rights Holder to the Licensee. Such management and character development also cannot be construed as the authorship of the Licensee in relation to the game character and/or as co-authorship of the Licensee and the Rights Holder of the Application in relation to the game character.
9.7.This Agreement does not provide for the assignment of any exclusive rights or the granting of an exclusive license to any components of the Application from the Rights holder to the Licensee, the assignment by the Licensee of the rights to use the Application.
9.8.In the event that it is prohibited for the Licensee, according to the laws of their country, to use mobile applications with such functionality, including online mode, or if there are other legislative restrictions, including age restrictions for access to such software, the Licensee is not entitled to use the Application. In such case, the Licensee shall be solely responsible for using the Application in violation of local legislation within their own country.
9.9. This Agreement may be amended by the Rights Holder without any prior notice. Any changes to the Agreement made by the Rights Holder unilaterally shall come into force on the day of publication of such changes on the website at https://diaverse.app/user-agreement/eng, unless otherwise specified in the Agreement. The Licensee undertakes to independently check the Agreement for any changes. Failure by the Licensee to familiarize themselves with the Agreement and/or the amended version of the Agreement cannot be used as a basis for the Licensee to not fulfill their obligations and comply with the restrictions set forth in the Agreement.
9.10.The invalidity of one or more provisions of the Agreement, recognized by a court decision that has entered into force, does not entail the invalidity of the Agreement as a whole for the Parties. In the event that one or more provisions of the Agreement are recognized as invalid in accordance with the established procedure, the Parties undertake to fulfill the obligations taken under the Agreement in a manner as close as possible to the intentions of the Parties at the time of entering into and/or amending the Agreement.
9.11.This Agreement and the relations between the Parties under this Agreement and the use of the Appendix are governed by the legislation of the Russian Federation.
9.12.All disputes between the Parties under this Agreement shall be resolved through negotiations using mandatory pre-trial procedure. In case it is impossible to reach an agreement between the Parties through negotiations within 60 (sixty) calendar days from the receipt of a written claim by one Party from the other, the dispute shall be referred to any interested Party in the court at the location of the Rights Holder, unless otherwise expressly provided by the current legislation of the Russian Federation.
9.13.I n case of any questions, notifications, proposals, complaints regarding the use of the Application, the Licensee may contact the Right Holder by sending a corresponding letter to the email address: diaverse@yandex.com.
OWNER'S DETAILS:
Joint Stock Company «Diaverse» represented by the General Director Anastasia Andreevna Petrova
Tax IN: 9703193377
Registration number: 1247700680842
Registered address: 123112, Russian Federation, Moscow, Presnenskaya Embankment, 12, room. 11/45
In addition to the Agreement, the Privacy Policy, constantly available at https://diaverse.app/privacy-policy/eng, must apply to the relations between the User and the Licensee.
1. TERMS AND DEFINITIONS
An application is a mobile application, which is a computer program consisting of a set of data, commands, and the audiovisual displays generated by them, activated sequentially to obtain a specific result by the Licensee, as provided by the application scenario, which is downloaded by the Licensee to their mobile device from an online mobile application store.
The Rights Holder is the the Joint Stock Company "Diaverse" represented by the General Director Anastasia Andreevna Petrova, with the address: 123112, Russian Federation, Moscow, Presnenskaya Embankment, 12, room. 11/45, who grants the right to use the Application on the terms of a non-exclusive license.
The Licensee is a natural person with the necessary legal capacity to enter into this Agreement, who is granted the right to use the Application within the limits provided for in the Agreement.
Licensee Account (account) - the account of the Licensee created as a result of the Licensee going through the registration procedure in the Application, which allows the Licensee to keep track of each Licensee and provides the opportunity to authorize (gain access) through a unique login and password or other method provided in the Application.
Licensee's personal account is an internal virtual account tied to the Licensee's account, which keeps track of the portal currency purchased by the Licensee.
The rights to inactive data and commands - provided by the Agreement on the rights to use data, commands, and the audiovisual representations generated by them in the Applications by activating them to obtain a specific result by the Licensee as provided for in the Application scenario, acquired by the Licensee after payment of the specified Remuneration. These Rights can also be obtained by the Licensee from the Rights Holder for performing in-game activities and in other cases in the manner provided for in Section 5 of this Agreement.
Inactive data and commands are the currency and in-game items.
In-game items are in-game assets, including in-game currency, that provide the Licensee with gaming advantages and additional opportunities as provided by the Application scenario.
Portal currency is a virtual currency of the Application, intended solely for use within the Application for the purpose of gaining access to additional functionality of the Application and/or exchanging for in-game items. Portal currency is not a means of payment and cannot be converted back into monetary funds under any circumstances.
Remuneration - a fee paid by the Right Holder to the Licensee for granting the right to use inactive data and commands within the limits set in the Agreement.
Internal instalment - a form of payment of the Rights Holder's Fee where the Licensee pays the amount of the Remuneration by instalments in accordance with the procedure established by the Rights Holder. Internal instalments are provided by the Rights Holder without involving banks, credit and other financial organizations.
The client part of the Application is software necessary for the Licensee to participate in the Application, which needs to be installed (downloaded) on the Licensee's mobile device. The client part of the Application is installed by the Licensee independently on their mobile device. The client part of the Application is distributed by the Rights Holder through the Internet in mobile app stores (App Store, Google Play). The client part of the Application distributed over the Internet is provided to the Licensee free of charge, with the right to reproduce, unless otherwise provided by the Agreement.
The territory of this Agreement is not limited.
2. ACCESSION TO THE AGREEMENT
2.1. Before using the Application, the Licensee is obliged to familiarize themselves with the Agreement, as well as with all the documents that are freely available on the account registration page or specified in the Agreement.
2.2. After reviewing the Agreement, the Licensee agrees (accepts) the Agreement by clicking the "register" button. By continuing to use the Application, the Licensee accepts the terms of the Agreement in full, which is a factual action indicating the conclusion of a contract, creating obligations for the Licensee to comply with the terms of the Agreement.
2.3. The individual who has authorized in the Application is considered the rightful user of the account, access to which was obtained as a result of registering the account, in the absence of information indicating otherwise.
3. SUBJECT OF THE AGREEMENT
3.1. In accordance with the Agreement, the Copyright Holder grants the Licensee a simple non-exclusive license to use the Application within the limits defined by the Agreement.
3.2. The licensee is granted the right to use activated and inactivated data and commands under the terms of this Agreement.
3.3. The obligation of the Rights Holder to provide the rights to use Inactive data and commands and/or Portal currency is considered fulfilled at the moment of reflection of the Inactive data and commands and/or Portal currency in the Licensee's Account. From this moment, the Licensee obtains the rights to use the volume of inactive data and commands on the terms of this Agreement.
3.4. The portal currency is reflected in the Licensee's Personal account after the Rights Holder receives information from third parties (payment systems) about the completion (confirmation) of the payment.
3.5. Since the portal currency is reflected on the Licensee's personal account, the Licensee shall not be entitled to demand a refund of the Remuneration from the Rights Holder, unless otherwise expressly provided for in this Agreement or applicable legislation.
3.6. The correspondence between the volume of inactive data and commands to the amount of portal currency is determined by the Rights Holder. The correspondence between the size of the Reward and the amount of portal currency is determined by the Rights Holder.
3.7. The payment of the remuneration is not a necessary condition for the use of the Application by the Licensee or for the participation of the Licensee in the Application and is at the discretion of the Licensee.
4. APPLICATION USAGE LIMITS
4.1 The licensee is entitled to use the Application in the following ways:
- 4.1.1.Play the Client part of the Application by installing it on a mobile device in order to participate in the Application.
- 4.1.2. use activated data and commands of the Application to achieve a specific result of the Application scenario;
- 4.1.3. activate inactive data and commands of the Application by exchanging Portal currency for In-game items and using them, including to achieve a specific result of the Application scenario faster than using the right specified in clause 4.1.2.
4.2 The licensee is not entitled to:
- 4.2.1. To distribute the Client Part of the Application or its copies for commercial or non-commercial purposes, either by distributing physical media containing it or by posting it on the Internet for downloading by certain individuals or an unlimited number of individuals.
- 4.2.2. translate the application into other languages.
- 4.2.3. distribute outside of the Application for commercial purposes audiovisual displays present in the Application;
- 4.2.4. to distribute for commercial or non-commercial purposes, transfer to third parties the right to use inactive data and commands provided by the Licensee for a fee, game characters, game account and any other object not explicitly allowed by the terms of the Agreement, as well as to distribute information about intentions to carry out such actions;
- 4.2.5. transferring the rights to use the Application provided to the Licensee, as defined in Article 1 of the Agreement, to other Licensees or third parties through the conclusion of a sublicense agreement or another method;
- 4.2.6. Use the Application in ways other than those provided for in the Agreement and beyond the normal gameplay process.
5. RIGHTS TO USE INACTIVE DATA AND COMMANDS
5.1. At the request of the Licensee, the Licensor grants the Licensee the right to use inactive data and commands (a simple non-exclusive license) upon payment of remuneration by the Licensee, unless otherwise provided for in the Agreement.
5.2. The right to use the inactive data and commands is granted to the Licensee for the duration of the Agreement, unless such right is terminated earlier, including in connection with the implementation of the Application scenario.
5.3. The amount of remuneration for providing the right to use inactive data and commands in the form of additional functionality and/or in-game items of the Application is determined by the Rights Holder and may be unilaterally changed by them at any time without prior notice to the Licensee. The amount of the remuneration to be paid is specified by the Rights Holder separately for each inactive data and command in the respective interface of the Application in the currency specified.
5.4. At the Licensee's request, the Licensor grants the Rights Holder the right to pay the Fee for granting the right to use the Inactive data and commands by means of an Internal Instalment Plan.
5.5. The Rights Holder has the right to grant the Licensee an Internal Instalment for the following periods:
- 2 (two) calendar months;
- 4 (four) calendar months;
- 6 (six) calendar months.
5.6. The term of the Internal Instalment period, the amount of the payment as well as the date of the next instalment shall be indicated by The Rights Holder separately for each Inactive data and commands in the respective interface of the Application in the specified currency.
5.7. The right to use the Inactive data and commands is granted to the Licensee on the date (moment) of execution of the Internal Installment by reflecting the Inactive data and commands in the Licensee's Account in the corresponding interface of the Application.
5.8. The Licensee undertakes to make payments under the Internal Installment plan within a period not exceeding 3 (three) calendar days from the date of making the next payment specified by the Licensor in the relevant interface of the Application.
5.9. If the Licensee fails to meet the deadline for making the next instalment payment under the Internal Instalment plan provided for in clause 5.8 of the Agreement for more than thirty (30) calendar days, the right to use the Inactive data and commands acquired by the Licensee under the terms of the Internal Installment Agreement is cancelled.
Cancellation of the aforementioned right means deletion of the Inactive data and commands purchased on the terms of the Internal Installment from the Licensee's Account in the corresponding interface of the application, imposition of restrictions on access to the Portal currency, as well as entering the user into the ‘blacklist’ of The Rights Holder.
5.10. The Licensee acknowledges that during the use of the Application, the Licensor has the right to deny the Licensee the use of rights, including the right to use inactive data and commands, for any reason, and this does not give the Licensee grounds to demand a refund of the previously paid Remuneration from the Licensor, unless otherwise provided by applicable law.
5.11. Upon the first payment of the Remuneration by the Licensee, the Licensor automatically creates a personal account for the Licensee, which is directly linked to the Licensee's account.
5.12. The remittance of funds is carried out by the Licensee through supported payment systems to the bank account of the Rights Holder.
5.13. In the event that, as a result of a technical error, malfunction of the Application, or intentional actions of the Licensee, they have gained access to inactive data and commands in a manner not specified in this Agreement, the Licensee undertakes to immediately notify the Copyright Holder of this fact or compensate the Copyright Holder.
5.14 The Licensee guarantees the Rights Holder that he has the right to use the selected means of payment for the Remuneration without violating the legislation of the country of which the Licensee is a citizen and the rights of third parties. The Rights Holder shall not be held responsible for any damages caused to third parties and/or other Licensees as a result of the Licensee using means of payment that do not belong to him.
5.15. The copyright holder is not responsible for any possible illegal actions of the Licensee when paying the Remuneration. The copyright holder reserves the right to unilaterally revoke the license for the Application and/or rights to use inactive data and commands if there is suspicion of the Licensee engaging in unlawful actions, pending the clarification of circumstances.
5.16. Features of the Licensee's payment of the license fee for the right to use inactive data and commands using bank cards.
5.17. The licensee agrees, understands and accepts the fact that the Application is not a gambling game, a money game, a contest, or a bet. The acquisition of a license for the right to use deactivated data and commands is the realization of his own will and desire and is not a necessary or mandatory condition for using the Application, established by this Agreement.
6. RIGHTS AND OBLIGATIONS OF THE RIGHTS HOLDER
6.1. The rights holder is obliged to:
6.1.1. Provide the Licensee with the right to use activated data and commands free of charge through the Internet, unless otherwise provided by this Agreement;
6.1.2. Provide the Licensee with the right to use inactive data and commands for a fee.
6.2. The rights holder has the following rights:
6.2.1. At any time, unilaterally restrict, expand, modify the content of the Application as a computer program, as well as add, modify the Application, any of its parts, including the Client part without prior notice to the Licensee.
6.2.2. suspend or modify the Application as a computer program, change the terms of its licensing without prior notice to the Licensee;
6.2.3. at any time suspend, limit and/or terminate the operation of the Agreement unilaterally in relation to the Annex as computer software for any or all Licensees, including in case of Licensee's failure to comply with the terms of the Agreement;
7. RIGHTS AND OBLIGATIONS OF THE LICENSEE
7.1.Licensee shall:
- 7.1.1.to comply with the terms of this Agreement, other documents that are part of the Agreement, without any limitations;
- 7.1.2.When going through the registration procedure for the purpose of creating an account in the Application, provide accurate information.
- 7.1.3.Do not exceed the limits of using the Application established in Section 2 of this Agreement, as well as not otherwise violate the intellectual property rights of the Right holder in relation to the Application, in particular, the Licensee does not have the right to copy, transmit, distribute, publish, and otherwise distribute and reproduce materials (text, graphics, audio-video and other) contained in the Application without the written consent of the Right holder.
- 7.1.4. independently ensuring the security of his accounts in the Application and preventing unauthorized use of these accounts by third parties;
7.2. The licensee warrants that they have all necessary powers to enter into this Agreement. If the licensee has not reached the age of majority according to the legislation of their country of citizenship or has become fully legally incapacitated due to other circumstances provided for by the legislation of their country of citizenship, they must independently obtain the necessary permission in the required legal form from their parents or other legal representatives.
- 7.2.1. The User undertakes to comply with the applicable laws of the countries within the Territory, as well as relevant international conventions, and the rights and legitimate interests of the Rights Holder when using the Service and/or the granted right to use Video Content.
- 7.2.2. The licensee shall refrain from actions aimed at destabilizing the operation of the Application, attempting unauthorized access to the Application, as well as from any other actions that violate the rights of the Rights Holder and third parties.
- 7.2.3.The licensee must refrain from actions aimed at destabilizing the operation of the Service, attempting unauthorized access to the Application, the intellectual property results posted on it, as well as from any other actions that violate the rights of the Rights Holder and/or third parties.
- 7.2.4. The licensee, who has reached the age of majority in accordance with the legislation of the country of his citizenship, guarantees that access to the Application by minors is carried out under his control in compliance with the restrictions established by the laws of the countries included in the Territory. The user who has reached the age of majority shall not under any circumstances provide or allow minors access to the Application.
7.3. To avoid any doubts, the Licensee agrees that the Licensor cannot verify their age at the time of the Licensee's access to the Application, and therefore is not responsible to the Licensee for the possibility of access to the Application.
8. DISCLAIMER
8.1. The licensee assumes all risks associated with the use of the Application. The Application is provided "as is", without any warranties from the Rights Holder regarding its use. The Rights Holder is not responsible for the Application meeting the expectations of the Licensee or for the error-free and uninterrupted operation of the Application. The Licensee does not guarantee error-free and uninterrupted operation of the Application and by default is not liable for any damage caused to the Licensee due to technical failures of hardware or software on any side.
8.2. The Licensee acknowledges that there may be errors or defects in the Application, and agrees that the existence of immaterial errors does not constitute a breach of this Agreement and is not a basis for liability of the Rights Holder.
8.3. The rights holder is not responsible for the Licensee's lack of access to the Internet, the quality of services provided by Internet service providers with whom the Licensee has contracts for access to the Internet, as a result of which the use of the Application may be difficult or impossible.
- 8.3.1. The licensee is responsible for the safety of their login and password and for any losses that may occur as a result of their unauthorized use on behalf of the licensee. The copyright holder is not responsible in case of unauthorized use by third parties of the licensee's login and password. All actions taken using the licensee's login and password are considered as actions directly by the licensee.
8.4.The licensor does not compensate the licensee for expenses related to the payment of royalties by the licensee, including in case of suspension or termination of this Agreement for any reason, unless otherwise provided by applicable law.
8.5. The rights holder shall not be liable for any direct or indirect damage caused to the Licensee or any third parties as a result of:
- 8.5.1.use or inability to use the Application by the Licensee;
- 8.5.2. unauthorized access by any third parties to the personal information of the Licensee, including the Licensee's account, personal information of the Licensee.
8.6. The licensor is not obliged to provide the licensee with any evidence, documents, or other proof of the licensee's violation of the terms of the Agreement, as a result of which the action of this Agreement was suspended or terminated.
8.7.The copyright holder shall not be liable for the impossibility of performing obligations under this Agreement, including the unavailability of the Application, arising from reasons beyond the control of the copyright holder, including force majeure circumstances, and in the event of blocking/prohibition/slowing/deletion of the Application and/or its components on the Territory, in connection with a technical failure of the Application, interception of control of the Application (hacking) by third parties, as well as if the copyright holder of the Application receives a demand for removal/slowing of the Application and/or its components from a competent state/municipal authority and/or other authorized persons.
8.8. The parties agree that the amount of damages to be reimbursed to the Licensee as a result of any violations related to the use of the Application is limited to the amount of 10,000 (ten thousand) rubles or the equivalent of this amount converted at the exchange rate of the Licensee's national currency.
9. TERRITORY AND DURATION OF AGREEMENT
9.1.The licensee is entitled to use the Application in the ways described in this Agreement, in the territories where it is available within the normal gameplay usage.
9.2.This Agreement shall enter into force on the date the Licensee expresses consent to it online (by registering in the Application) and shall remain in force until terminated in accordance with clause 9.3 or until the Licensee deletes their account in the Application.
9.3.After termination of the Agreement, the Licensee loses all rights (access) to use the Application. At the same time, the Rights Holder does not provide the Licensee with any compensation, including damages of any kind related to the termination of this Agreement.
9.4.Unless otherwise expressly provided by applicable law, the Rights Holder has the right to unilaterally terminate this Agreement at any time without prior notice to the Licensee and without explanation, without reimbursement of any expenses, losses, or return of the Remuneration received under the Agreement, including in the event of:
- 9.4.1.termination of the placement of the Application in mobile application stores (Google Play, App Store);
- 9.4.2.any, including a one-time, violation by the Licensee of the terms of this Agreement;
9.5.The licensee agrees and fully acknowledges that all exclusive rights to the Application, including game characters, game items and accessories, game coins, in-game assets, graphic images, photos, animations, video images, video clips, sound recordings, sound effects, music, textual content of the Application and other components of the Application belong to the Right holder and/or the respective copyright holders of these objects.
9.6.The licensee understands, acknowledges, and agrees that any element of the Application, in particular, any game characters, are part of the Application as computer software and are protected by copyright. Although the licensee is granted the right to use activated data and commands and may be granted the right to use deactivated data and commands, and is allowed to manage such game characters during the use of the Application, including developing such characters according to the Application's scenario, such management and character development is not and cannot be construed under any circumstances as a transfer and/or assignment of exclusive rights in relation to said game character from the Rights Holder to the Licensee. Such management and character development also cannot be construed as the authorship of the Licensee in relation to the game character and/or as co-authorship of the Licensee and the Rights Holder of the Application in relation to the game character.
9.7.This Agreement does not provide for the assignment of any exclusive rights or the granting of an exclusive license to any components of the Application from the Rights holder to the Licensee, the assignment by the Licensee of the rights to use the Application.
9.8.In the event that it is prohibited for the Licensee, according to the laws of their country, to use mobile applications with such functionality, including online mode, or if there are other legislative restrictions, including age restrictions for access to such software, the Licensee is not entitled to use the Application. In such case, the Licensee shall be solely responsible for using the Application in violation of local legislation within their own country.
9.9. This Agreement may be amended by the Rights Holder without any prior notice. Any changes to the Agreement made by the Rights Holder unilaterally shall come into force on the day of publication of such changes on the website at https://diaverse.app/user-agreement/eng, unless otherwise specified in the Agreement. The Licensee undertakes to independently check the Agreement for any changes. Failure by the Licensee to familiarize themselves with the Agreement and/or the amended version of the Agreement cannot be used as a basis for the Licensee to not fulfill their obligations and comply with the restrictions set forth in the Agreement.
9.10.The invalidity of one or more provisions of the Agreement, recognized by a court decision that has entered into force, does not entail the invalidity of the Agreement as a whole for the Parties. In the event that one or more provisions of the Agreement are recognized as invalid in accordance with the established procedure, the Parties undertake to fulfill the obligations taken under the Agreement in a manner as close as possible to the intentions of the Parties at the time of entering into and/or amending the Agreement.
9.11.This Agreement and the relations between the Parties under this Agreement and the use of the Appendix are governed by the legislation of the Russian Federation.
9.12.All disputes between the Parties under this Agreement shall be resolved through negotiations using mandatory pre-trial procedure. In case it is impossible to reach an agreement between the Parties through negotiations within 60 (sixty) calendar days from the receipt of a written claim by one Party from the other, the dispute shall be referred to any interested Party in the court at the location of the Rights Holder, unless otherwise expressly provided by the current legislation of the Russian Federation.
9.13.I n case of any questions, notifications, proposals, complaints regarding the use of the Application, the Licensee may contact the Right Holder by sending a corresponding letter to the email address: diaverse@yandex.com.
OWNER'S DETAILS:
Joint Stock Company «Diaverse» represented by the General Director Anastasia Andreevna Petrova
Tax IN: 9703193377
Registration number: 1247700680842
Registered address: 123112, Russian Federation, Moscow, Presnenskaya Embankment, 12, room. 11/45
USER AGREEMENT