IF YOU DOWNLOAD, COPY, INSTALL OR IN ANY OTHER WAY PERMITTED USE THE PROJECTS OF THE NEKKI LIMITED COMPANY OR THEIR PARTS, INCLUDING BEGINNING TO PARTICIPATE IN GAMEPLAY, THEN YOU CONFIRM THAT YOU HAVE FULLY READ, UNDERSTOOD AND AGREE WITH THE LICENSE AGREEMENT WRITTEN BELOW, AND ARE OBLIGED TO ADHERE TO IT AND BEAR RESPONSIBILITY FOR VIOLATING IT.
THE CONDITIONS OF THE LICENSE AGREEMENT AND THE KEY DOCUMENTS LISTED UNDER SECTION 2.1 BELOW ARE ESSENTIAL AND BINDING.
This License Agreement (hereafter the Agreement) regulates the relationship between you — the licensee of the Games of Nekki Limited based on a non-exclusive license (hereinafter the User) — and the licensor, the Nekki Limited company (more detailed information on the Nekki Limited company can be found under section 1.6 of this text). The User and Nekki Limited may also hereafter be referred to separately as a Party, or together as the Parties.
This Agreement is in force for all the Games of Nekki Limited, except for cases in which a specific Game has separate judicial documents written specifically for it. If the context does not imply otherwise, when terminology is used in this Agreement in the singular, then the plural is also implied and vice versa.
1. Terminology in the Agreement
1.1. Account — a user account created by the User and belonging to Nekki Limited. It represents the entirety of the data on the User required for the User to use the Game in accordance with this Agreement, or more specifically: authorization (authentication) of the User in the Game, access to information about the User, settings, game properties, statistical data and other similar information.
1.2. Game — a corresponding online, mobile, console and/or other video game developed or published under the Nekki Limited trademark, available on social networks (such as Facebook, VK, etc.) or in stores for mobile games and applications (such as the App Store, Google Play, Steam, PlayStation Store, etc.), including (but not limited to) Shadow Fight 2, Shadow Fight 3, 11x11: New Season, Vector, Vector 2, Shadow Fight Arena, which is a program for a computer system and represents a set of data and commands and the audio and visual representations accompanying it (data and commands), which are activated procedurally to provide a specific result to the User within the bounds of the script of the Game, without making payment (activated data and commands) or after paying a fee (non-activated data and commands). The right to use the Game is provided to the User by the Nekki Limited company under the terms of this Agreement.
A Game also includes (among other things): (a) Game chat (including chat rooms, guild chats, global User chats, etc.), (b) servers, (c) server software and other software, (d) links to games or other applications of Nekki Limited partners, the installation of which gives the User the right to receive additional data and commands determined by the Game’s script, (e) Game sites, (f) databases and (g) other Nekki Limited resources required for use of the Game within the scope of this Agreement.
1.3. Rights to non-activated data and commands — the rights defined by this Agreement to use data and commands (including in-game currency, other data and commands) and the audio and visual representations in the Game that result from them, activated procedurally to provide a certain result to the User within the script of the Game, which are purchased by the User after paying a fee set by Nekki Limited.
1.4. Game Rules — an agreement between the User and Nekki Limited that describes the rules for the User’s participation and behavior in separate Games, along with the responsibility of the User for violating said rules. You can familiarize yourself with the Game Rules by following this link. If the User downloads, installs, launches or in any other way begins to use the Games of Nekki Limited, the User expresses his/her agreement to abide by the Game Rules.
1.5. Game Site — a site on the Internet, and also pages on the Internet belonging to Nekki Limited, on which information about the Game is presented, including about the social networks and stores of mobile games and applications on which the Game is published, and also about the agreements applicable to the User of the Game when using it; Game Sites include, to name a few, http://shadowfight3.com/, http://shadowfight2.com/, https://banzai.games/, https://www.nekki.com/, http://11x11.nekki.com/, https://www.nekki.com/vector/, http://bonus.shadowfight2.com/.
1.6. Nekki Limited — the Nekki Limited company registered at: 116, Gladstonos str, M. Kyprianou house, 3rd & 4th floors, 3032, Limassol, Cyprus, and also all the companies affiliated with Nekki Limited. You can contact the Nekki Limited company by email at email@example.com.
2. Conditions of Agreement Execution
2.2. Time of the Agreement Execution This Agreement enters into force at the time when the User accepts the conditions of the Agreement and the other Key Documents. The User accepts the conditions of the Agreement and the conditions of the other Key Documents by placing a tick next to the “I agree” field that appears when the User first launches the Game along with links to the Key Documents. The User accepts an obligation to comply with the conditions of the Agreement and other Key Documents from the moment the Agreement comes into force.
3. Scope of the Agreement
3.2. Arrangements for the Use of Rights to the Game The user has the right to use the rights to the Game on a free-of-charge basis if no payment was initially set for the receipt of said rights of use. The User also has the right to obtain Rights to non-activated data and commands on a paid basis. The scope of the rights provided to the User is determined in section 4 of this Agreement. Unless otherwise stated by Nekki Limited in regard to individual Games, paying a fee is not a mandatory condition of use by the User of the Game and such payment is performed by the User exclusively for the purposes of obtaining Rights to non-activated data and commands or of obtaining rights to use a Game if a fee for the Game was previously stated by Nekki Limited.
3.3. License for Non-Activated Data and Commands The User receives the right to use activated and non-activated data and commands on the conditions of this Agreement. The User receives the Rights to non-activated data and commands at the time when the corresponding non-activated data and commands are shown in the User’s Account. The size of the license payment for the Rights to non-activated commands and data is determined by Nekki Limited.
3.4. Geographical Area Nekki Limited provides the right to use the Game throughout the entire territory of the European Union, and in the territory of the Russian Federation. Nekki Limited reserves the right to, at its own discretion, determine other areas in which the rights to use the Game are provided in accordance with this Agreement. Publishing of the Game in an Internet store of mobile games and applications in a specific country means that Nekki Limited provides rights to use the Game in the territory of that country.
4. Limits of Using the Game
4.1. Scope of User Rights The User has the right to use the Game within the limits set by this Agreement and the other Key Documents, including:
4.1.1. To play the Client Side of the Game by installing it on a personal computer or other device with the required technical characteristics, or by any other acceptable means.
4.1.2. To use the Game for the purposes set by the Key Documents in compliance with the conditions of the Key Documents, for which the User has the right to: (a) create and delete their Account in accordance with the Agreement; (b) install and delete the Game; (c) use the software capabilities of the Game or activated data and commands to achieve a specific result determined by the Game’s script on a free-of-charge basis (if no payment was initially set for the receipt of rights and use of the Game); (d) to receive the Rights to non-activated data and commands after paying a fee set by Nekki Limited, and to use them to achieve a result determined by the Game’s script; (e) to make changes to personal settings provided by Nekki Limited within the Game, and (f) to use the Game with other methods allowed by Nekki Limited in this Agreement.
4.2. Limitations The User does not have the right to:
4.2.1. Copy, stream, distribute, publish or by other means distribute and reproduce the textual, graphical, audio or visual materials of the Game without the written agreement of Nekki Limited.
4.2.2. Analyze the source code of the Game or decompile, disassemble or modify the Game, its parts and elements, or create derivative works based on the Game, its parts or elements without the written agreement of Nekki Limited.
4.2.3. Translate the Game into other languages without the agreement of Nekki Limited.
4.2.4. Distribute for commercial or non-commercial purposes the Client Side of the Game or its copies, either on physical media or by publishing on the internet for access or download by specific individuals or an unlimited set of individuals.
4.2.5. Distribute for commercial or non-commercial purposes activated and/or non-activated data or commands, audio or visual materials, images, or other intellectual property items present in the Game (except for cases allowed by Nekki Limited).
4.2.6. Give away rights in relation to the Game, including Rights to non-activated data and commands, for commercial or non-commercial purposes, to third parties, either by means of transferring an Account, signing an agreement or any other means.
4.2.7. Use the Account of another user.
4.2.8. Transfer ownership of or by any other means give away his/her Account, or to obtain the Account of another player, including through exchange or gifting.
4.2.9. Use the Game by means not mentioned in this Agreement and extending beyond ordinary gameplay or beyond the use of the program for the device the Game was intended for.
4.3. Consequences of Violation If the User violates the conditions of this Agreement or other Key Documents, Nekki Limited reserves the right to limit the User’s access to its Games, including by deleting the User’s Account or terminating his/her Rights to non-activated data and commands, and to take other measures to protect the rights of Nekki Limited to its Games, including by contacting the relevant legal authorities to seek redress from the User for costs incurred due to the violation of the conditions of the Agreement or other Key Documents.
4.4. Beta Testing If the User receives rights to participate in a beta test of a Game, the User gains the status of beta tester. Beta testing takes place exclusively for the purposes of assessing the software capabilities of the Game and identifying errors. During beta testing, the User is not afforded the rights and advantages indicated in the Agreement. Nekki Limited bears no responsibility for events that take place during beta testing. The User confirms and understands he/she is participating in the beta test at his/her own risk and that the Game may contain errors. Any commands or data may be deactivated and deleted from Accounts at any moment during the beta test or after the beta test ends except for agreed cases during open beta testing. Nekki Limited bears no responsibility for providing uninterrupted access to the Game during beta testing. A beta test of a Game may be on a public or a closed (private) basis. If this is specified in the rules of the beta test, then any information received by the User during the beta test is confidential and not subject to disclosure. Violating this rule carries the consequence determined by this Agreement or other Key Documents and rules of the beta test.
To take part in a beta test, you must complete an authorization process and take part personally. Access to a beta test may be removed at any time for violation of this Agreement, other Key Documents or other rules set in relation to the specific beta test. Violating the conditions of the Agreement or other Key Documents during a beta test will result in limitation of User’s rights obtained by the User when using the game in standard mode.
5. Conditions and Requirements when Using the Game
5.2. Absence of Medical Contradictions The User agrees that the Game may contain audio or visual effects that under certain circumstances could aggravate epilepsy or other disorders of a neurological nature in individuals with them, and confirms that he/she does not suffer from any relevant health problems, and otherwise will not use the Game. If the User has ever had any epileptic seizures or other disorders of a neurological nature, the User must consult with a doctor before using the Game.
5.3. Reasonableness of Use The User understands and agrees that regular extensive use of the Game may cause other health problems apart from those indicated in paragraph 5.2 of the Agreement, including weakened vision, scoliosis, various types of neuroses and similar. The User guarantees that he/she will use the Game reasonably with breaks for rest and to protect against health problems.
5.4. Use of Third-Party Materials The Game may contain links to sites, programs, photographic, visual, audio, graphical or textual materials that belong to third parties. The User understands and hereby agrees that publishing links to internet sites or materials of third parties in the Game and resources linked to the Game does not mean that Nekki Limited supports, approves of or recommends the contents of said sites and materials. The User uses the sites, software and materials of third parties exclusively at his/her own risk, including while playing.
5.5. Legal Limitations The User does not have the right to use the Game if the legislation of the territory of his/her location forbids the use of the Game or specifies other limitations of use of similar Games, including age-related limitations. In this case, the User bears responsibility for the Use of said Game.
5.6. User Materials The User understands and agrees that he/she independently bears responsibility for any materials or other information he/she publishes in the Game, on the Site, on social networks and in chats or by any other means sends to other Users or makes publicly available.
5.7. Technical Conditions of Use of the Game:
Internet Connection Requirements In accordance with the set technical requirements, using of some Games by the User may exclusively take place in interactive (online) mode, which requires the User to have an active internet connection to use said Game.
Guest Account Nekki Limited allows participation in some games through a ‘guest account.’ In this case, the User logs into the Game by means of a specific technical device (mobile phone, tablet etc.) which is then linked to a created ‘guest account’. Access to the Game is provided through this account. To create a ‘guest account’ the User must connect their device to a service providing the Game (Google Play, Game Center, Facebook, App Store etc.). The User may lose progress data in the Game if the device is lost or its settings reset. For this reason, when using a ‘guest account,’ Nekki Limited bears no responsibility for saving the User’s game progress or obtained Rights to non-activated data and commands, or for the ability to use them. The User created the ‘guest account’ accepts the risk of loss of the technical device to which the ‘guest account’ is linked and the risk of unauthorized changes to the operating system (‘jailbreaking’) or software when using the ‘guest account’.
6. User’s Obligations
6.1. The User is obliged to:
6.1.1. Comply with the conditions of the Key Documents. If the User does not agree with the Agreement in force, the User must cease use of the Game and uninstall its Client Side.
6.1.2. Use the Game and non-activated data and commands exclusively within the bounds set by the Agreement.
6.1.3. Provide accurate information when creating an Account.
6.1.5. Fulfil the lawful instructions of Nekki Limited, received individually or generally in the Game, including through the User Support Service, the Game Site, official communities or other forms of communication. Nekki Limited reserves the right to pause, limit or cease the action of this Agreement and access to the Account if there is a failure to abide by said instructions.
6.1.6. At the request of Nekki Limited, provide or confirm information required to comply with the conditions of the Agreement and the law.
6.1.7. Compensate Nekki Limited, other users or third parties any losses incurred as a result of the User’s action, including due to violating this Agreement, intellectual property rights or other rights.
6.1.8. Immediately inform Nekki Limited of any incidents of unauthorized use of the Account, hacking or any other similar actions.
6.1.9. Comply with other requirements and obligations described in the Key Documents.
6.2. The User does not have the right to:
6.2.1. Use automated scripts to gather information or otherwise interact with the Game.
6.2.2. Use the information of other Users to distribute undesirable information (spam).
6.2.3. Publish objects of intellectual property within the Game without the consent of copyright holder.
6.2.4. Publish the personal information of third parties within the Game without their agreement, including home addresses, phone numbers or passport information.
6.2.5. Publish advertisements, commercial offers, agitations or any other unsolicited information within the Game, except for those cases allowed by Nekki Limited and acceptable within applicable legislation.
6.2.6. Publish materials within the Game that offend or disrespect other Users or third parties, including links to said materials.
6.2.7. Publish or otherwise use obscene, abusive or offensive words or phrases within the Game, including in the User’s name (nickname).
6.2.8. Publish harmful programs within the Game, including links to resources that contain or may contain such programs.
6.2.9. Publish materials of a pornographic or erotic nature within the Game, including links to them.
6.2.10. Publish threats within the Game, including calls to violence or any other unlawful acts.
6.2.11. Publish materials within the Game that contain elements of violence, cruelty, racial, international or inter-religious strife, including links to such materials.
6.2.12. Propagate or demonstrate Nazi, extremist or other equivalent emblems, symbols or objects within the Game.
6.2.13. Propagate criminal or other illegal activities within the Game, or publish guides on the performance of wrongful acts.
6.2.14. Publish any other information within the Game which, according to Nekki Limited, violates legislation, norms, morals or ethics or is undesirable.
6.2.15. Perform criminal or other wrongful acts.
6.2.16. Use third-party software for hacking the Game or deceptive profit-making.
6.2.17. Spam, flood (sending multiple messages or text with identical content), swear words when talking to the User Support Service or when talking to Nekki limited.
6.3.18. Threaten, offend or demean the User Support Service or other employees of Nekki Limited involved in developing and supporting the Game.
7. Rights and Obligations of Nekki Limited
7.1. Nekki Limited is obliged to:
7.1.1. Provide the User with the ability to use the Game on the conditions laid out in this Agreement, on the condition that the User comply with the Key Documents.
7.1.2. In relation to Games with a Client Side, — provide the User with the ability to obtain (download) the Client Side of the Game from the Game Site or through another means allowed by Nekki Limited.
7.1.3. If it is not obligatory to make a payment to use the Game, — provide the User with the right to use activated data and commands for free unless this Agreement states otherwise.
7.1.4. Provide the User with Rights to non-activated data and commands on the condition that the User pays a fee set by Nekki Limited.
7.1.5. Inform the User of modification of terms of this Agreement by publishing the current version of the Agreement on the Game Site, in a store of mobile games and apps or by any other means.
7.2. Nekki Limited reserves the right to:
7.2.1. At any time and without prior notice to the User, unilaterally limit, increase, expand, modify or in any other way alter the Game, any of its assets or parts, and to change any Key Documents.
The Game and its parts may be modified by means of creating and installing updates to the Game, including updates that entirely replace the previous version of the Game. Their aim may be, for example, to improve or alter the game process (gameplay) or add new data and commands (features) to the Game, which may lead to a cessation or pause in the rights of use of certain game elements and Rights to non-activated data and commands.
The User understands and hereby declares that the aforementioned actions are an integral part of the process of the Game’s creation and functioning, and also gives his/her agreement to the performance of said actions by Nekki Limited without prior notice to the User.
7.2.2. Without prior notice to the User, and at the company’s sole discretion, change technical or other characteristics of any part of the Game used by the User, including, but not limited to, activated and non-activated commands and data; alterations to the Game’s operational script, including changes to the gameplay, etc.
7.2.3. At any time change or delete any information published by the User in the game, including statements and declarations by the User in chats or on the Game Forum.
7.2.4. Limit or cease the provision of rights to the User to use the Game (including access to the Account) in accordance with this Agreement, for instance if the User violates the conditions of Key Documents. In exercising this right, Nekki Limited is not obliged to provide the User with evidence proving the User’s violation of the conditions of the Agreement which caused the User to be denied service or limited in their access to the Game. In addition, Nekki Limited bears no responsibility to notify the User of any limitations on access to the Game, including deletion of the User’s Account.
7.2.5. Make notes of and warn, notify and inform Users of violations of the conditions of Key Documents. The User is obliged to immediately perform lawful instructions from Nekki Limited received while using the Game.
8. Nekki Limited Liability Limitation
8.1. Absence of Responsibility for the Actions of Users and Third Parties Nekki Limited bears no responsibility for:
8.1.1. Illegal acts or any other acts by a User or third parties that prevent access to the Game by other Users.
8.1.2. The behavior and statements of Users in the game, including disrespectful conduct toward other Users.
8.1.3. Loss by a User of access to a created Account, including due to loss of the username, password or other required information.
8.1.4. Partial, inaccurate or incorrect entry of data by a User when creating an Account.
8.1.5. The absence of Users’ internet access and the quality of their internet provider service.
8.1.6. Materials from third parties published in the Game or on third-party websites available from links in the Game.
8.2. Lack of Guarantees The User understands and agrees that Nekki Limited provides the game in an ‘as-is’ condition and provides no guarantees with regards to the Game apart from those directly stated in this Agreement or by applicable legislation. Nekki Limited does not guarantee that:
8.2.1. The Game will satisfy the subjective requirements and expectations of the User.
8.2.2. The processes within the Game will unfold without interrupts, quickly, reliably and without technical errors or problems.
8.2.3. The results that can be obtained while using the Game will be correct and without errors.
8.2.4. The quality of the gameplay, aspects of the Game, non-activated data and commands, and information received while using the Game, will correspond to the User’s expectations.
8.2.5. The Game will be available for use at all times, at a certain moment of time or during a certain period.
8.3. Liability Limitation Nekki Limited bears no responsibility for direct or indirect damage caused or opportunity lost by the User or third parties as a result of:
8.3.1. The use of or inability to use the Game.
8.3.2. Statements or behavior of third parties within the Game.
In any circumstances, the responsibility of Nekki Limited to the User is limited to the sum of fees received by Nekki Limited from the User before such a time as conditions arise that trigger the responsibility of Nekki Limited, unless otherwise indicated by the Key Documents or the mandatory provisions of applicable legislation.
8.4. Acts of God and Third-Party Acts The Parties are freed from responsibility for full or partial failure to comply with their obligations according to this Agreement if such a failure is a consequence of events beyond reasonable control (Acts of God), including civil unrest, prohibitive acts by government authorities, natural disasters, fires, catastrophes, breakdowns in telecommunications or electricity networks, or the influence of harmful programs or unscrupulous acts by third parties aimed at achieving unsanctioned access or denial of service of the software or hardware systems involved.
9. Rights to Non-Activated Data and Commands and Premium Games
9.1. General Conditions Upon request by the User, Nekki Limited may provide the User with Rights to non-activated data and commands, or provide the User with the right to use certain Games for a payment.
Non-activated data and commands are part of the Game to which the User receives usage rights only by using the Game and on the condition that he/she pay a fee set by Nekki Limited. The User has the right to use the non-activated data and commands within the limits set by Nekki Limited. By purchasing the Rights to non-activated data and commands, the User receives the right to use extended functionality within the Game. Nekki Limited unilaterally determines the type and contents of non-activated data and commands.
The User agrees that the Game is not a gambling game, a game for money, a contest or a bet. The purchasing of Rights to non-activated data and commands is the realization of the User’s own stated wish and desire.
The User also agrees that some Games are premium and the right to Use them may be provided to the User only if he/she pays a fee.
9.2. Period of Use of Non-Activated Data and Commands and Premium Games The Rights to non-activated data and commands are considered provided to the User from the moment the User gains the ability to use the indicated rights in his/her Account. Rights to non-activated data and commands are provided to the User for the duration of this Agreement unless otherwise stated by the Agreement or other Key Documents, or otherwise restricted by the Game’s script, or otherwise resulting from the nature of the non-activated data and commands themselves.
Rights to a paid Game are considered provided to the User from the time when the User pays the fee for the right of the User to use the Game as downloaded or installed on a device, and remains active for the duration of this Agreement, unless otherwise stated by this Agreement or the conditions of the fee payment.
9.3. Payment Amount The amount of the payment (license fee for the Right to non-activated data and commands, and the license fee for the right to use certain Games if this is specifically agreed upon in advance) is determined unilaterally by Nekki Limited and is indicated in the in-game store or other format, including but not limited to the internet pages of payment method operators. In certain cases, the payment method operator may take a commission on top of the fee set by Nekki Limited. The User understands and agrees that making a payment by means of certain payment methods, the total sum of the payment for Rights to non-activated data and commands and certain Games may differ from the amount of the license fee set by Nekki Limited.
The amount of the fee indicated by Nekki Limited in the in-game store or on other resources may be expressed in two or more currencies. The User understands and hereby agrees that when making a payment through separate payment methods, the operator of said methods may apply an exchange rate that differs from the one used by Nekki Limited. As a consequence, the amount of payment represented to the User may differ from that set by Nekki Limited.
The provision of Rights to non-activated data and commands to the User or Rights to use premium Games is performed only on the condition that the User pay the corresponding fee in full. Additionally, before confirmation is received that the payment has been made in full, Nekki Limited reserves the right to not provide the User with Rights to non-activated data and commands or premium Games, or to provide them to a limited extent.
Nekki Limited may change the amount of the license fee unilaterally at any time and without notifying the User.
9.4. Procedure and Methods of Payment Payments are made by the User by means of transferring funds to Nekki Limited via payment methods supported by Nekki Limited. The list of available payment methods is determined unilaterally by Nekki Limited and shown in the mobile games or app store or by another means.
In making a payment, the User is obliged to follow the instructions of the corresponding payment methods and the rules of payment set by Nekki Limited. Rights to non-activated data and commands or premium Games is provided to the User exclusively on the condition that he/she correctly follows the payment instructions and complies with the payment rules. Nekki Limited bears no responsibility for the User’s payment being declined based on a decision by the payment method operator or as a result by an error by the operator.
The User is obliged to enter accurate data when making payments. The User independently bears all risks of negative consequences arising as a result of entering incorrect data when making a payment.
If, after making a payment, a technical error, bug or action of the User causes the User to be provided with Rights to non-activated data and commands or premium Games to an extent that does not correspond to the fee paid, the User is obliged to immediately report this to Nekki Limited and pay the license fee owed to Nekki Limited in the amount corresponding to the amount of Rights received by the User if the User has begun to use them. Nekki Limited reserves the right to, independently, without notifying the User and without providing any compensation, remedy the described consequences, including by ceasing provision to the User of Rights to non-activated data and commands or premium Games.
Nekki Limited will not refund fees paid by the User to purchase Rights to non-activated data and commands or premium Games if the purchased rights have already been provided to the User.
9.5. Payment Methods With regard to questions and the procedure of use for payment methods, the User must contact the operators of his/her selected payment methods directly. Nekki Limited can, at its own discretion and if possible, provide the User with advice related to the use of certain payment methods. However, the User hereby understands and agrees that in most cases, Nekki Limited has no ability to provide the User with exhaustive explanations with regard to the use of payment methods. For questions related to refunds of fees paid by the User by mistake or with a violation of the rules of payment methods of applicable legislation, the User must contact the operators of the corresponding payment methods directly, or the support services of Apple or Google depending on the device or platform used.
9.6. Consequences of Unlawful Acts When Making Payments The User hereby confirms that he/she has the right to use his/her chosen payment methods without violating the rights of third parties or the legislation of the country within which the Game is provided, or the payment is made.
The User is obliged to compensate Nekki Limited, other uses or third parties for all losses incurred as a result of unlawful behavior of the User when paying the license fee, including in connection to the use of funds not belonging to said User to make the payment.
Unless otherwise stated by this Agreement or applicable legislation, Nekki Limited reserves the right to unilaterally and for any reason pause or fully cancel the effect of this Agreement if Nekki Limited has reason to suspect the User of unlawful acts related to payment of the license fee. At the same time, Nekki Limited is not obliged to pay said User any compensation, including returning funds spent, unless otherwise indicated by this Agreement or applicable legislation. In addition, Nekki Limited reserves the right to convey information regarding unlawful acts by the User to relevant judicial authorities for investigative purposes.
9.7. Prohibition of Purchasing Rights from Third Parties The Rights to use premium Games and non-activated data and commands may be provided only by the Nekki Limited company. In connection with this, no offers from third parties (apart from those sanctioned by Nekki Limited) to provide Rights to use Games or non-activated data and commands can be viewed by the User as offers coming from Nekki Limited.
The User is obliged to immediately inform Nekki Limited of any cases known to him/her of the provision of Rights to use non-activated data and commands or premium Games or offers related to this by parties not authorized by Nekki Limited.
If the User makes a payment in violation of this Agreement to individuals not authorized by Nekki Limited, any claims from the User against Nekki Limited connected with the provision of Rights to non-activated data and commands or premium Games are not accepted. Nekki Limited does not refund money spent by the User in such circumstances, and also does not continue to provide Rights to non-activated data and commands or premium Games.
If Nekki Limited establishes that the User is receiving Rights to non-activated rights and commands from third parties not authorized by Nekki Limited, then Nekki Limited reserves the right to, at its own discretion, pause, limit or cease this Agreement in connection to said User. In such a case, Nekki Limited also reserves the right to take other measures to protect its rights to its Games, including contacting relevant judicial or law enforcement organizations.
9.8. Tracking Account Status The User is obliged to independently keep track of the status of the Account he/she has created to ensure the correct display of non-activated data and commands whose Rights the User has purchased, and also with regard to access to premium Games.
9.9. Withdrawing User’s Rights The User understands and agrees that during gameplay, the Rights to non-activated data and commands and premium Games are provided up to the time when they are used for their purpose or up to the time mentioned by this Agreement. The termination of Rights to non-activated data and commands and premium Games does not give the User a basis to demand a refund of the fee for Rights to non-activated data and commands and premium Games, unless otherwise declared by this Agreement and applicable legislation.
9.10. Trading Nekki Limited does not allow Rights for non-activated data and commands and premium Games to be exchanged for other Rights to non-activated data and commands and premium Games, or Game assets or cash or non-cash money, unless otherwise specifically allowed by the Agreement.
9.11. Refunds Nekki Limited does not refund expenses linked to making payments, with the exception of cases directly specified by this Agreement or applicable legislation.
10. Intellectual Property Rights
10.1. Exclusive Right to the Game Exclusive rights to source and object code (including activated and non-activated data and commands), gameplay, user interface, graphical images, photos, animations, video images, video clips, audio recordings, sound effects, music, texts and Game content, and also any other Game elements belong to Nekki Limited.
The User agrees that any part or element of the Game, its activated and non-activated data and commands, are an integral part of the Game and are protected by law. In spite of the fact that the User is given rights to use a Game, in itself the use of the Game cannot be seen as a transfer or yielding of exclusive rights in relation to the Game, its parts and assets, including non-active data and commands, from Nekki Limited to the User.
The User also understands and agrees that all exclusive rights to the localized (translated into the relevant language) Game belong to Nekki Limited or another legal rights-holder.
10.2. Exclusive Right of the User Copyrights to materials created or purchased and published in the Game by the User belong to the creator or purchasing User (hereinafter Materials).
10.3. License to Materials The intellectual property rights for the free-of-charge use of Materials, which are objects of intellectual property, transfer to Nekki Limited in the form of a non-exclusive license within all the countries of the world as soon as said Materials are published by the User in the Game without mutual obligation to pay copyright fees or other remuneration and without limitation for the maximum possible time period and geographic scope of use. The intellectual rights to use the Materials as described in this paragraph include the right to use them by any means and in any country of the world without obstruction, including declaring, propagating, modifying, adapting or in any other way reprocessing, publishing, creating reproductions, without an obligation to mention the author’s name and without other mutual obligations. The User is also obliged to provide a legal basis for endowing Nekki Limited with intellectual property rights to the Materials published by the User in the Game and belonging to other rights-holders.
10.4. Trademarks Exclusive rights to the Nekki Limited trademarks registered in relation to the Game belong to Nekki Limited and are protected in various jurisdictions of the world. Third-party trademarks mentioned in the game belong to their legal rights-holders.
11. Duration, Alteration and Termination of the Agreement
11.1. Agreement Duration This Agreement enters into force as soon as its conditions are accepted by the User and remains in force for an unlimited time unless it is terminated on the initiative of either of the Parties. If the Agreement is terminated in the order described, Nekki Limited will not refund any monetary expenses or provide any other compensation, including for losses of any kind.
11.2. Alteration of the Agreement This Agreement can be unilaterally changed by Nekki Limited. The changes enter into force as soon as they are published on the site or 10 calendar days after they are published if this is directly declared by Nekki Limited.
Use of the Game of authorization in the Game after changes enter into force means that the User agrees with said changes. The User is not freed from obligations created by this Agreement with consideration for changes made to it if the User has not read the changes in the Agreement.
11.3. Disagreement of User with Alterations in the Agreement The User does not have the right to use the Game if he/she disagrees with any changes made to the Agreement. In this case, the User can terminate the Agreement unilaterally in accordance with the procedure laid out by this Agreement. If the User does not declare a wish to terminate this Agreement after changes are made to the Agreement, then the User is considered to have accepted the conditions of this Agreement, including changes made to it.
After a notification is received from the User indicating a wish to terminate the agreement, Nekki Limited blocks access to the User’s Account. At the same time, Nekki Limited does not refund any payments or provide any other compensation, including for losses of any kind.
11.4. Termination of the Agreement by Nekki Limited Nekki Limited reserves the right to terminate this Agreement at any time in a unilateral and extrajudicial procedure, ceasing to provide the ability to use the Game, including activated and non-activated data and commands or other components of the Game, in the following cases:
11.4.1. If the Game is being closed. If the Game used by the User is being closed, Nekki Limited is obliged to send a corresponding notification to the player’s address within at least one hundred and eighty (180) calendar days before the closing date of the Game. At the end of the indicated period, Nekki Limited deletes the game and User Accounts, including purchased non-activated data and commands on said Accounts. Additionally, Nekki Limited does not pay any compensation and among other things does not refund the User any monetary equivalent for purchased Rights to non-activated data and commands if a Game is closed.
11.4.2 If a Game is being closed due to third-party content providers. If a Game used by the User is being closed to the actions of third-party companies/owners of online platforms for publishing programs and applications (such as Google Play, App Store etc.) or due to the fault of any third parties who are blocking access to online platforms for publishing applications, Nekki Limited is not obliged to inform the User. If User Accounts, or non-activated data and commands purchased for said Accounts, are deleted, corrupted or otherwise changed, Nekki Limited does not pay any compensation and among other things does not refund the User any monetary equivalent for purchased Rights to non-activated data and commands if a Game is closed.
11.4.3. If the conditions of Key Documents are violated. In the case of any violation, including one-time violations, by the User of the conditions of this Agreement or its Key Documents, or any other conditions of using the Game, Nekki Limited reserves the right to unilaterally terminate this Agreement by deleting the User’s Account or by otherwise limiting access to the Game by the User. In this case, Nekki Limited does not return funds to the User and does not compensate for any losses incurred.
11.5. Termination of the Agreement by the User The User has the right, at any time and without informing Nekki Limited or explaining the reasons, to terminate this Agreement unilaterally and extrajudicially by deleting their Account or, if the Game does not include the creation and use of an Account, then by deleting the Game itself with the preservation of the obligations and responsibilities of the User that arose before its deletion. In this case, all activated and non-activated data and commands linked to this Account may be deleted with no rights to restoration. Additionally, Nekki Limited is not obliged to pay the User any form of compensation.
11.6. Alterations in Other Key Documents The User confirms that Nekki Limited has an unconditional right to unilaterally change the conditions of other Key Documents and that such changes are not a change to this Agreement.
12. Final Provisions
12.1. Severability. If one or several provisions of this Agreement are, in the order in which they are presented, declared invalid in accordance with a court decision entering into legal force, then the other provisions of this Agreement remain in force, and the Parties continue to fulfil their obligations with a method that corresponds as closely as possible to the intentions of the Parties when the Agreement was concluded or altered.
12.2. Conflict resolution. All conflicts between the Parties in regard to this Agreement are subject to resolution by means of correspondence and negotiations with a mandatory pre-court (complaints) process. The correspondence and negotiations take place by means of e-mail via the Parties’ e-mail addresses. If the Parties cannot reach an agreement through negotiation within sixty (60) calendar days from the moment the other Party writes a written complaint, then the conflict may be passed on by either involved Party to a court in a country in which Nekki Limited is registered (with the exception of mandatory court jurisdiction over the case by any other courts) in accordance with the procedural and material right of the state in which Nekki Limited is registered, with the exception of conflicts of law.