It is the responsibility of the User to review the Terms often, as any use after a change or update to these Terms is an acknowledgement and acceptance of them. If you do not agree with the changes or updates made, you must then stop using the Service and cancel any and all accounts with the Service. We recommend that you print these Terms of Service to keep a copy for your records. They shall remain in effect from the date of your acknowledgement until MyTona or the you, the user, terminates these Terms.
If you violate these Terms, MyTona is hereby authorized to issue a warning to you, the user, in reference to the violation and/or immediately limit/suspend/terminate all access to any and all of the accounts you have created to use our Service. By accepting these Terms, you agree that MyTona does is not required to provide additional notice before doing so, but it may at its own discretion. MyTona is hereby authorized to refuse or limit any access to the Services for any reason and without prior notice, including for any violation of these Terms. You acknowledge that MyTona is authorized to discontinue or change the Service and/or its content at any time, without liability and with or without notice to you, the user. You may not accept these Terms if: (a) you are not legally entitled to using these Services under the applicable laws of your country of residence, or (b) if you are not of legal age to be able to enter into a legal agreement with MyTona. Upon accepting and acknowledging these Terms, you agree that you are of legal age to enter this agreement or, if not, you have obtained the consent of your parent or legal guardian to do so, as required by applicable law. It is your, the user’s, responsibility to confirm that you are legally permitted to enter into this agreement without violating any laws. There are some countries that have implemented age laws and/or usage restrictions regarding the download, installation and/or use of products or software that may be available through the Services. It is your, the user’s, responsibility to ensure that you are legally permitted to use this Service without violating any laws.
2. Intellectual Property
2.1 All copyrights, trademarks and other intellectual property rights, both within our games and relating to them (not including content that is owned by other users and contributed to us), are either licensed to or owned by us.
2.2 As long as you, the user, are in compliance with these Terms, we authorize you to use our games in a non-exclusive, personal, non-transferable, revocable, limited manner only for your personal private use (not to include any related object or source code). You must exercise this license in accordance with these Terms and are not authorized to use our games for any other purpose.
2.3 Unless agreed to in writing prior to doing so, you may not copy or distribute any part of our games, or create or make available to the public any work related to our games.
2.4 You are not authorized to make any cheats or other technological means available that would allow you or any other user to control our games or their elements, including allowing users to obtain Virtual Currency and/or Virtual Goods, whether they be free or not.
2.5 When you submit information (hereinafter, “Content”) using our games, you: - confirm that you are authorized to do so; - allow us and our affiliates to edit, publish, adapt and/or use your Content and any work we may create from it in any and all media outlets (whether now or in the future), for any purpose and for any duration, without any compensation to you; - understand and agree that you have “moral rights” to such Content (such as the right to be acknowledged for your creation and to not have your work used in a derogatory manner). You also understand and agree that you waive any such moral rights to such Content; and - agree that, regarding any Content that may be submitted by you, the user, we are not required to protect or monitor such Content rights, and that, if we choose, we are authorized to enforce your rights on your behalf, including by taking legal action, and assuming all costs for doing so.
2.6 You may not copy or distribute, create or make available to the public any Content related to our games that belongs to another user. If you feel that someone has infringed upon your own personal intellectual property rights via the Internet, you may contact us at firstname.lastname@example.org and include the following description of how you believe your rights have been violated: - where the material you believe has violated your rights is located; - your name, address, phone number and email address; - a personal statement, under penalty of perjury, that (i) you sincerely believe that the use of material in question is unauthorized, as you own the intellectual property rights to said material, and (ii) that all information that you have provided is true and accurate (and, if applicable, that you are authorized to act on behalf of the owner of said infringed material); and - a signature (in pen or electronic) of the person authorized to act on behalf of the owner of said infringed material.
3. User Content
Any Content that you publish on our Service using the tools and technology provided by MyTona is voluntarily published. You acknowledge and agree that you may not sell, transfer, distribute or license said Content and/or our application in any way, in any location, or on any virtual network or other means without the express written consent of MyTona. You authorize MyTona to act as your representative regarding the operation of the application.
Any graphics, photos, text or data, as well as their selection and/or arrangement, that has been uploaded to the Service are authorized, totally or partially, for unlimited, promotional and/or non-commercial use by MyTona. All photos, text and graphics uploaded by you are considered to be User Content and thus your responsibility. As a consequence, MyTona is not responsible for any files or images that are uploaded, posted or made available by other users.
That being expressed, you, the user, are responsible for the User Content that you submit, and acknowledge that no User Content that is uploaded shall be (i) harassing, illegal, defamatory, threatening, libelous, offensive, pornographic, inappropriate, abusive or unlawful; (ii) a misrepresentation or constitute fraud; (iii) protected by law, including property or privacy rights, or any other personal rights, nor shall it be in violation of copyright or trade secrets; (iv) marketing or advertising for any good, service, business or other organization; or (v) an invasion of a third party’s privacy or an impersonation of another person and/or user. We hereby reserve the right (but are not obligated) to determine whether the User Content that is uploaded by you, the user, complies with these Terms and MyTona, at its sole discretion, may remove Content or suspend and/or terminate this agreement if any Content you, the user, uploads is in violation with these Terms, especially when required in accordance with any court order, applicable law, or requirement of any administrative agency or other government body.
MyTona is not required to, although it may, regulate User Content and therefore does not guarantee the quality, accuracy or integrity of User Content on our Service. When you use the Services, you acknowledge and agree that there may exist offensive or objectionable material. As a result, MyTona will not be held liable for any such circumstance regarding User Content, including errors, loss or damage. Without prior notice, MyTona is hereby authorized to remove or delete User Content from its Service. 4. Policy regarding names
Clan names, nicknames and any other nameable item or entity of the user may not: - be obscene, profane, sexually explicit, vulgar, harmful, hurtful or make inappropriate references to the human body or its functions; - promote drugs or imply anti-gay, ethnic, racial or sexual offense nor any real hostility toward a specific race, religion or nationality; - reference any sexual orientation or aspect thereof, whether it be regarding the user themselves or other users; - violate any law; - violate MyTona’s or any third party’s property rights; - initiate a call for activities of terrorism or extremism, nor serve as a means of communication for extremist or terrorist persons/groups/organizations; - contain information that may discredit or offend public officials or any well-known symbol; - contain any serial numbers or other login/password information for commercial products or services, that would allow users to access otherwise paid Internet services for free; - contain information or statements that may disclose data representing some confidential secret or other confidential information; - contain slander, threats or coarse expressions or suggestions that would be in conflict with general ethics, nor any information that would be in contrast to a third party’s privacy (such as name, address, telephone number or any other personal identifying information); - consist only of well-known names, political parties, geographical locations or numbers that are associated with the above; - emulate or praise any real group or organization, sports team, historical event, terrorist society, or other community or group that may have a negative connotation or be connected to crimes against humanity, nor any discriminatory statements or words in reference to a national, gender, racial, religious view or their leaders/figures (such as military, religious or political groups); - use the name of another user to falsely represent that user. MyTona reserves the right to refuse registration of nicknames, clan names, descriptions or other names of any user without any prior notice, as well as change or suspend/terminate this agreement and the Service as a result of any violation of the above or other reason, all at its own discretion.
5. Virtual Currency and Virtual Goods
MyTona’s Services may include virtual currency, be it coins, points or similar items, that users collect or obtain through the use of said Services or otherwise purchased within or outside of the Services (hereinafter, “Virtual Currency”). Digital items, such as abilities, useful items or other goods may also be either collected or obtained through the use of the Services or otherwise purchased within or outside of the Services (hereinafter, “Virtual Goods”). MyTona hereby reserves the right to manage, control, regulate, change or eliminate Virtual Currency or Virtual Goods at any time and at its own discretion. To exercise such right, MyTona shall not be held liable to anyone, whether it be the user or a third party. You, the user, has no real ownership or interest over any Virtual Currency or Virtual Goods except when applicable to the Services and as part of a non-assignable, non-transferable, limited and personal license to use said Virtual Currency and Virtual Goods that you may have earned, purchased or obtained within the Service or in another manner that has been previously authorized by MyTona.
You hereby acknowledge and agree that Virtual Currency and Virtual Goods cannot be transferred, and said transfer is prohibited except for in the manner expressly stated in the Service. You may not sell, transfer or redeem Virtual Currency or Virtual Goods belonging to MyTona to any other user or third party. You hereby acknowledge and agree that in reference to Virtual Currency and Virtual Goods, all sales are final and non-refundable, and only MyTona or the third party involved has the authority to consider a refund. If your account, the Service or these Terms are cancelled or terminated for any reason, including MyTona determining to discontinue all or a part of the Service, you understand that you will as a result forfeit all Virtual Currency and Virtual goods, with MyTona having no liability to you for doing so.
6. Violation of the Terms of Service
6.1 MyTona reserves the right to suspend/terminate access to its games or Services (even if that means deleting your account) if it deems that you are in violation of these Terms (either resulting from one major violation or a combination of minor violations). 6.2 You, the user, acknowledge this right and agree to compensate MyTona for any damage, harm, loss or expense that may arise as a result of your violation of these Terms.
7. Disclaimer and release
7.1 MyTona hereby accepts liability for any personal injury or death that may result from negligence on the part of MyTona, its employees or its agents, and for any loss or harm caused by fraud on the part of MyTona, its employees or its agents, or any other potential liability that may not be excluded in accordance with applicable law.
7.2 Within any period of 12 months, MyTona shall only be liable for loss or harm that is a consequence of MyTona’s negligence or violation of these Terms, it being reasonably foreseen. Loss and harm is considered to be foreseen when you, the user, and MyTona could have considered them upon agreeing to these Terms. Said liability shall only be valued at the amount that you, the user, has paid to MyTona within the 100 days prior to the claim.
7.3 MyTona will not be responsible for: - any loss or harm that is not a consequence of a violation of these Terms or due to negligence; - loss or harm that is not reasonable foreseen by you, the user, or MyTona upon agreeing to these Terms (including loss of opportunity, data, service interruption, failure of your device or any other financial loss); - any increase in loss or harm resulting from your, the user’s, violation of these Terms; - any technical failure or MyTona’s website, game and/or social media network being down when outside of MyTona’s control. 7.4 MyTona provides its games and Services with the same care as any other similar game provider, and will not be liable for any interruptions or errors that you experience while playing our games. Therefore, you, the user, acknowledge and agree that in the event you experience issues or are dissatisfied with our Services, the only action you may take is to discontinue use. 7.5 Any legal rights you, the user, may have as a consumer of the Services shall be unaffected by these Terms.
8. Privacy and Protection of Personal Data
9. Termination of the Agreement
At any time, you may terminate this agreement and the resulting relationship with MyTona by stopping use of the Services. MyTona is hereby authorized to suspend/terminate this agreement with you, and you are hereby authorized to suspend/terminate your use of the Services at any time for (but not limited to) the following reasons:
(A) YOU HAVE VIOLATED THE TERMS OF SERVICE; (B) YOU ARE INVOLVED IN ILLEGAL ACTS, HAVE INFRINGED UPON COPYRIGHT, PRIVACY OR INTELLECTUAL PROPERTY RIGHTS OF ANOTHER PERSON OR A THIRD PARTY; (C) IT IS REQUIRED BY APPLICABLE LAW/REGULATIONS, WITHIN THE TIME PERIODS REQUIRED BY SAID APPLICABLE LAW/REGULATIONS; (D) MYTONA SIMPLY DETERMINES THAT THE SERVICE SHALL NO LONGER BE OFFERED.
At the time this agreement is terminated, (a) all rights and license to use the Service shall likewise be terminated; (b) you, the user, shall stop using the Service. Should this agreement be terminated or suspended, your obligations to MyTona regarding these Terms (including provisions regarding rights, ownership, liability, compensation, confidentiality, etc.) shall prevail, as long as they are intended to last longer than the agreement itself.
10. Miscellaneous Provisions
(a) Availability and Access. You hereby agree that you are responsible for the maintenance of all devices, hardware and equipment required to access the Services and for the payment thereof. MyTona controls, operates and maintains the Services from its office location in Yakusk, Russia. Any materials or information provided on the Services are not intended for use or distribution by any individual or entity in any locale where said use or distribution would be in violation of applicable law/regulations, or where MyTona would be responsible for any registration in said locale.
(c) No Waiver. Any failure on the part of MyTona to exercise any and all rights or stipulations under these Terms shall not constitute a waiver of said rights or stipulations, and should any party hereof waive any violation or default in these Terms, it should not be interpreted as a waiver of any prior or later violation or default. Should any stipulation in these Terms be deemed invalid by a competent court or authority, the parties agree that the court shall consider the parties’ intentions, as stipulated, and all other stipulations shall remain in effect.
(d) Assignment. Under no circumstances may you assign these Terms without the express written consent of MyTona. However, MyTona reserves the right to assign these Terms as it deems necessary.
(e) Compliance. Should there be any question of your compliance with these Terms, MyTona may request, and you must provide, any information, documentation or releases necessary to prove such a fact.
(f) Construction and Waiver of Defense. You, the user, hereby agree that these Terms, having been written by MyTona, shall not be used against MyTona in any manner. You hereby waive any and all defense resulting from the fact that these Terms are in electronic form and the acknowledgement and agreement of said Terms does not require the signature of the parties to be binding and in effect. (g) Force Majeure. Should there be any Act of God or other force majeure, such as war, terrorist act, civil or military action, embargo, riot, strike, fire, flood, accident or energy shortage, or any other cause outside of MyTona’s control, MyTona shall not be liable for any delay or failure of the Services’ provision.