Subject to terms and conditions of this Agreement (“Agreement”, “Terms”), Pride Studio OÜ, (hereafter also referred to as “we”) grants to User (hereafter also referred to as “you”) right to use Services. Pride Studio OÜ and the User are together referred to as “Parties”. By Accepting these Terms you expressly acknowledge that you understand these Terms and agree to be bound hereby and all further amendments and supplements hereto. We are not obliged to notify you about any amendments and/or supplements made to the Terms. You are responsible for checking these Terms regularly for amendments and supplements. The current version of the Terms is available on the Website.
By Accepting these Terms you acknowledge that you are fully responsible for compliance with provisions of the Applicable Law and Law of your country. Hereby you warrant that all information provided by you is true. Pride Studio OÜ is not responsible for checking the authenticity and reliability of the information provided by the User.
You shall insure that the device that you are going to exploit for use of the Services meets all their requirements. Services requirements are available on the Online Store page of each application.
You agree that the use of the Services is at your sole risk. Pride Studio OÜ is not responsible for any negative effects of interaction of the Services and your device or the Services and any other services that you use on your device.
1. Definitions Subject to this Agreement the used terms shall have the following meanings:
- “User” – person which may use the Services on a device for that the Services are adapted by Pride Studio OÜ or any authorized representative.
- “Services” - website, services, Forums, games and applications provided by Pride Studio OÜ
- “Third party services” – website, services, forums, games and applications provided by the third parties.
- “Trademarks” – trademarks of Pride Studio OÜ both registered and unregistered.
- “Technical support” – consultation of the Users regarding use of the Services conducted by Pride Studio OÜ or any authorized representatives
- “Law of the User’s country” – law of the country of the User’s citizenship or residence.
- “Applicable law” – law determined as regulating by this Agreement.
- “App” – a downloadable game and/or application as a kind of the Services.
- “SNS” – social networking service.
- “Virtual currency” – in-game currency.
- “Virtual items” – virtual, in-game digital goods or items.
- “Roll-back” – reset of the App to an earlier status.
- “Beta” - App, its elements, Services and contents that are not smoothly running yet.
- “Forum(s)” - blogs, message boards, online forums and other functions that provide you with the opportunity to create, submit, post, display, transmit, perform, publish, or distribute to the world Forum Content.
- “Forum Content” - links, writings, photos, graphics, or other material which may be created, submitted, posted, displayed, transmitted, performed, published or distributed to the world via blogs, message boards, online forums and other functions.
- “Inappropriate Activity” – actions that are indecent, explicit, offensive, or which otherwise violates these Terms.
- “Pride Studio OÜ Content” – all content included into the Services, including, but not limited to, Trademarks.
- “Your Content” – content created by the User.
- “Confidential Information” - all written or oral information relating to the business of either Party that became known to any Party that has been defined as confidential or that by the nature of the circumstances in which the disclosure occurred should to be considered as confidential.
2. License and restrictions
Subject to these Terms, Pride Studio OÜ grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not:
a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of or gather or extract data related to the Services;
b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without our express written consent;
c) copy, reproduce, display, sell, resell, or otherwise exploit content of the Services, including, but not limited to, pictures, photos, videos, sounds, texts and Trademarks without previous written consent of Pride Studio OÜ;
d) remove, obscure or modify the Trademarks, any copyright notices or other legal notices.
Pride Studio OÜ grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.
The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.
3. Third party services
The Services may contain information about and links to the Third party services. The Third party services may be not available in all languages or in all countries. Third party services may require payment.
Pride Studio OÜ is not obliged to evaluate Third party services, including, but not limited to, their content or accessibility. Pride Studio OÜ is not obliged to provide the Users with access to Third party services. Pride Studio OÜ may restrict access or change conditions of access to the Third party services via the Services. Pride Studio OÜ is not obliged to notify you about such restrictions.
Pride Studio OÜ is not responsible for accessibility of the Third party services, their content, functions and any negative effects of use of the Third party services. Pride Studio OÜ is not responsible for any consequences of restrictions or change of conditions of access to the Third party services via the Services.
4. Access to the Services
You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a SNS.
Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date.
You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account.
Pride Studio OÜ does not authorize use of automated methods to sign up for an Account, and Pride Studio OÜ reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any Applicable law or Law of your country.
By using the Services and providing us with your contact information, you explicitly consent to receive communications from us. If you would not like to receive such communications, please review certain information on the Pride Studio OÜ website.
5. In-game virtual currency and virtual items
The Service may include an opportunity for you to earn, buy or otherwise obtain Virtual Currency to access Virtual Items. Methods and conditions of obtaining Virtual Currency are at our sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services. Virtual Currency and Virtual Items obtained via the Services are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
You agree that all sales of Virtual Currency and Virtual Items are final. No refunds will be given, except in our sole and absolute discretion. Pride Studio OÜ has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Pride Studio OÜ is not obliged to and does not reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Pride Studio OÜ reserves the right to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items, in its sole discretion and without prior notification.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Pride Studio OÜ may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Pride Studio OÜ is not obliged to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Pride Studio OÜ discontinues availability of the Service; or (d) you disassociate from the Service.
6. Advancements, quality and deficiencies, roll-back and beta testing
In exceptional cases such as within the framework of updates or error rectifications, it may be required to accomplish the Roll-back in order to prevent any greater damage. In this context, the App progress, App score, high scores and achievements/accomplishments, etc. are reset to a corresponding earlier status; any changes in the interim or any developments are lost.
Any real money purchases you made in the period between the time when the Roll-Back is initiated and the time that the App system is rolled back to will not be refunded, but instead be given to you once more as part of the Roll-Back.
Your further claims are excluded unless otherwise specified in these Terms. Pride Studio OÜ is entitled but not obliged to grant its users a voluntary bonus e.g. in form of virtual currency or premium features. It is at Pride Studio OÜ discretion to grant such a bonus and Pride Studio OÜ is not obliged to grant a bonus during future rollbacks to other users or the same users.
Pride Studio OÜ can offer you, for the purpose of testing, participation in or use of Beta. Beta may contain programming errors known or unknown to Pride Studio OÜ
The abovementioned errors may lead the App or your device to crashing.
Within the framework of Beta, Pride Studio OÜ may delete or add contents at any time among others to search for errors and to improve the game experience. Furthermore, Pride Studio OÜ may reset game scores, install backups or create specific game scores. You are not entitled to the restoration of a specific game status. Pride Studio OÜ may extend, shorten any Beta in whole or in part at any time.
7. Online content and conduct
The Services may include opportunities, through your Account or SNS, to chat or participate in Forums. You are fully responsible for all Forum Content posted by you to any Forum shall. The Forums shall be used only in a noncommercial manner.
Pride Studio OÜ has the right, but not the responsibility, to monitor or remove Forum Content that Pride Studio OÜ believes to be harmful, offensive, or otherwise violates these Terms, without liability to you. Pride Studio OÜ in its sole discretion, reserves the right to restrict or disable your use of the Forums.
By submitting Forum Content to any Forum, you warrant that you have all necessary rights to submit the Forum Content without any restrictions of any kind, and grant to Pride Studio OÜ a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual right and license to use, reproduce, modify, publically display and perform, make derivative works of, sublicense, and distribute all such Forum Content in all media now known or later developed, and/or to incorporate such materials in other works in any form, media, or technology now known or later developed.
Pride Studio OÜ is not responsible for the accuracy or reliability of any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties in the Forums.
Pride Studio OÜ makes no representations or warranties regarding the Forums and Forum Content. All Forum Content posted by you to any Forum shall be your sole responsibility.
You understand that you may be exposed to Forum Content and Inappropriate Activity by other users. You may report actual or suspected Inappropriate Activity to [email protected]studio.io.
Pride Studio OÜ reserves the right to take any action, in its sole discretion, against Inappropriate Activity that Pride Studio OÜ believes to be harmful, offensive, or otherwise violates these Terms. You agree that Pride Studio OÜ will not be liable to you or any third-party in any way for Forum Content, Inappropriate Activity, or for any damage or loss therefrom.
Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including the Pride Studio OÜ Content shall remain in Pride Studio OÜ and/or its suppliers, and are protected by the copyright laws.
You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Pride Studio OÜ Content without prior written consent from Pride Studio OÜ
The Services may allow you to create Your Content that contains the Pride Studio OÜ Content, including, but not limited to, photos containing elements or graphics from games, screenshots or videos of your game play.
Pride Studio OÜ retains all rights, title and interest in and to the Pride Studio OÜ Content.
You retain all rights to Your Content; provided, however, that Pride Studio OÜ shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any prior permission, further notice or compensation to you.
Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Pride Studio OÜ use of Your Content. You may reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate Pride Studio OÜ Content to the public only if such use is related to promotion of the Services and/or Pride Studio OÜ You may not use Your Content in any manner that may do Pride Studio OÜ any harm.
8. Disclaimer of warranty and liability
The Services are provided to you “AS IS”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. Pride Studio OÜ does not make, and hereby disclaims, any and all express, implied or statutory warranties, including, but not limited to, implied warranties of condition, uninterrupted use, accuracy of data, satisfactory quality, fitness for particular purpose, noninfringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Pride Studio OÜ does not warrant against interference with your enjoyment of the Services; that Pride Studio OÜ Services will meet your requirements; that operation of the Services will be uninterrupted or error-free, or that the Services will interoperate or be compatible with any other services, including, but not limited to, Pride Studio OÜ services, or that any errors in the Services will be corrected. No oral or written adice provided by Pride Studio OÜ or any other authorized representatives shall create a warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.
Pride Studio OÜ is not responsible for any negative effects, including, but not limited to, harm induced by or related to use of the Services. Pride Studio OÜ shall not be liable for any damage, including, but not limited to, damage caused to the User’s health, property, business reputation, loss of profit or loss of data by use of the Services or the Third party services, or related to such use.
You further acknowledge that Pride Studio OÜ is not liable, and you agree not to hold Pride Studio OÜ liable, for the conduct of third parties, including other users of the Services and the Third party services, and that the risk of using or accessing the Services or the Third party services, and of damage occurred in connection with such use and access, rests entirely with you.
Certain regional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
9. Technical support Pride Studio OÜ may provide you with consultations on technical issues, related to use of the Services. Pride Studio OÜ will make its best effort to provide you with Technical support in reasonable period.
10. Termination These Terms will automatically terminate if you fail to comply with any term hereof. Both you and Pride Studio OÜ have the right to terminate or cancel your Account, at any time for any reason and without notice.
Upon termination you shall immediately stop using the Services, remove the App, if used, and all information related to the Services.
12. Infringement notification
Any claims related to the Services should be addressed to:
The User shall maintain in confidence the source code of the Software, if he or she becomes aware of this code. The User shall immediately notify Pride Studio OÜ that he or she became aware of the source code.
14. General provisions
This Agreement come into force in the moment of Acceptance of the Terms. This Agreement is perpetual and continues in force and effect unless it is terminated.
These Terms may not be modified by you except in a writing duly signed by you and an authorized representative of Pride Studio OÜ
Pride Studio OÜ may make amendments and supplements to the Services from time to time. All such amendments and supplements shall become effective immediately. Any amendment and supplement shall constitute a part of these Terms.
If any part of this Agreement, including any amendments or supplements, is found to be void or unenforceable, it will be amended to the minimum extent necessary to make it valid and enforceable.
If any part of the Agreement is found to be void or unenforceable, the reminder of the Agreement shall remain in force even if the void and unenforceable parts are not amended, as if such provisions were not a part.
This Agreement is written in English. If the Agreement is translated to any other language the version in English language shall prevail.
15. Applicable law and dispute resolution
These Terms shall be governed by and construed in accordance with the law of Russian Federation.
In the event of any dispute arising out of or relating to these Terms, Pride Studio OÜ and the User agree to use their best endeavors to settle the dispute through negotiation. If the dispute is not settled in two months, it may be filed in court.
The User agrees that any action or suit against Pride Studio OÜ arising out of or relating to these Terms shall be filed in federal court or state court located in the Applicable Law State.