Effective date: April
16, 2021
ANY USE OF THE GAME MEANS THAT YOU HAVE READ AND UNDERSTOOD THE
PROVISIONS OF THIS END USER LICENCE AGREEMENT (HEREINAFTER – THE EULA) AND PRIVACY
POLICY AND AGREE TO BE BOUND BY THEM. PRIVACY POLICY IS AN INTEGRAL PART OF THE EULA.
WARNING: THE GAME OFFERS IN-APP PURCHASES
- GENERAL PROVISIONS
- Licensor –
WIDEVIEW GAMES LTD, a company duly incorporated in the Republic of Belarus at the
address: Surganova street 61, Office No.48 (extension No. is 306), 220100, Minsk city.
- Game –
an entertainment application for mobile devices "New Match Show" and “LOVERZ”, an
individual copyrighted work, available at the AppStore and GooglePlay platforms
- Apple –
Apple Inc., a California corporation with its principal place of business at 1, Infinite
Loop, Cupertino, California 95014, U.S.A.
- App
Store – an electronic store and its storefronts branded, and owned
and/or controlled by Apple or an affiliate of Apple. App Store is used by the Licensor
for distribution of the Game among users of Apple services.
- Account –
a personal account of a user of Apple services, which is provided by Apple
administration under the Apple Terms of Use. The Account is accessed with an Apple ID
and a password.
- User –
any person having an Account and using the Game. If the Account was provided for a
fictitious person, the User shall be deemed to be the person that actually uses the
Account of this fictitious person for accessing Apple services.
- Content –
video and audio materials, images and texts, created by the Licensor for or in
connection with the Game.
- Game
Supplemental Functionality – software codes processed on an electronic
device as a part of the Game and intended to provide the User with additional functions
of the Game. The Game Supplemental Functionality operates in the form of In-game Goods
posted to a game account of the User for a fee.
- In-game
Goods – software codes processed on an electronic computing machine as
in-game objects that the User acquires while performing certain actions within the Game
or for a fee. In-game Goods can be used within the Game exclusively; they have no real
value and cannot be exchanged for non-game (“real”) currency or non-game (“real”)
property. In-game Goods include, among other things:
- in-game currency (“coins” and “emeralds”);
- in-game objects, acquired as the result of various actions performed by the User
within the Game.
- Legislation –
legislation of the Republic of Belarus.
- The User confirms that he\she is at least 17 years old.
- The User confirms that under the law of the state of his\her nationality he\she:
- is eligible to conclude the EULA either himself\herself or with parental consent,
given by a parent or a guardian;
- has obtained parental consent, given by a parent or a guardian for concluding the
EULA (if necessary);
- has legal capacity necessary for exercising rights and performing duties under the
EULA.
- All characters appearing in the Game are fictitious. Character’s renderings are
imagined and pictured, none of them are real person photographic image. Any resemblance
to real persons, living or dead, is purely coincidental.
- The Game is provided to the User “as is”. The Licensor does not give any warranties
that the Game, including the Game Supplemental Functionality:
- will function uninterrupted and without any errors;
- will always be available for download;
- will meet the User’s expectations.
- The Licensor shall not be liable for personal injury, or any incidental, special,
indirect or consequential damages whatsoever caused to the User (including, but not
limited to, damage caused to the User’s property or proprietary rights) as the result of
using the Game or inability to use the Game.
- The Licensor shall not be liable for any aspects of App Store functioning (prohibition
of access, failures and breakdowns of App Store, etc.) or any actions taken by Apple.
- The Licensor does not bear any responsibility for User’s frustration caused by the
Game use, for occurrence of depression or any other psychological diseases arising due
to the Game use. The Licensor also does not bear any responsibility for any
consequences, such as User’s family or personal life disorders, divorces and loss of
life interest, occurred due to the Game use.
- The Licensor grants the User a non-exclusive licence to use the Game and the Content
free of charge.
- The Licensor provides the User with the right to use the Game Supplementary
Functionality. The duty to provide the User with the right to use the Game Supplementary
Functionality is considered performed after the respective amount of In-game Goods are
posted to the User’s game account for a fee. The User is entitled to cancel a payment
using respective App Store functionality. When cancelling the payment the Licensor
debits the game account of the User with the number of In-game Goods previously posted.
For EU Users: The Licensor will, upon request, issue a refund for any
title that is requested within 14 days of purchase. In case the User falls outside of the
abovementioned refund rules, no refunds are available. Nonetheless the User may still submit
a request for refund and the Licensor may (but under any circumstances is not obliged to)
take a look at it.
For EU and nonEU Users: In case the User falls outside of the App
Store and Google Play market refund rules, no refunds are available. Nonetheless the User
may still submit a request for refund and the Licensor may (but under any circumstances is
not obliged to) take a look at it.
- WARNING FOR THE USER
- The Game offers the Game Supplementary Functionality, which is provided to the User
upon his/her request for a fee (in-app purchase). The User is not
obliged to use the Game Supplementary Functionality; in this case no money will be
debited to the User’s account.
- Game Supplementary Functionality may be offered in the form of subscription
and provided to the User
upon his/her request for a fee (Subscription). The Subscription will be
provided to a User for a stated period of time and will be automatically renewed until
User or Licensor cancels the Subscription.
- A Subscription fee will be charged to User’s chosen payment method in the App Store.
The amount of Subscription fee may be changed by the Licensor at any time at his sole
discretion.
- To stop automatic renewal of the respective Subscription and automatic withdrawal of
Subscription fees, User must cancel the Subscription not later than 24 hours before it
renews for the length of the next Subscription period. The Subscription may be cancelled
at any time by managing the subscription settings at App Store. Instructions for
canceling a Subscription may be found here: https://support.apple.com/en-us/HT202039.
- By downloading and using the Game the User confirms that he/she is eligible to use the
Game, including the Game Supplementary Functionality, besides the User confirms that the
Licensor may collect and use technical data and related information-including but not
limited to technical information about your device, system and application software, and
peripherals-that is gathered periodically to facilitate the provision of software
updates, product support, and other services to the User (if any) related to the EULA.
The Licensor may use this information, as long as it is in a form that does not
personally identify the User, to improve its products or to provide services or
technologies to the User.
- The Licensor shall not be liable for any actions of the User within the Game,
including use of the Game Supplementary Functionality.
- THE USER’S RIGHTS AND DUTIES
- The User shall perform the EULA in good faith.
- The User is entitled to perform actions, covered by the technical capabilities or
logics of the Game. Such actions include, but not limited to:
- manipulating a game character;
- collecting In-game Goods;
- acquiring In-game Goods (except in-game currency) for in-game currency;
- using the Game Supplementary Functionality;
- The User is entitled to inquire the Licensor with regard to defective Game functioning
(technical failures, etc.) if such defective functioning is not caused by the User's
actions; peculiarities of hardware and software used by the User; quality of the
Internet connection; App Store operation, as well as other circumstances that the
Licensor is not responsible for. The Users' inquiries shall be sent to the e-mail: contact@cgwideview.com.
- THE USER MUST NOT:
- examine the Game source code, modify or amend it, create new works on its basis;
- mislead the Licensor (in particular over the personality of the User, his/her age,
scope of legal capacity, etc.);
- provide third parties (including, but not limited to family members) with a
possibility to access the Game with the User’s Account;
- provide third parties (including family members) with an opportunity to access the
Game with the help of the User’s Account;
- use the Game in any way that interferes or may interfere with normal Game functioning;
- use bots (computer programs intended for performance of certain actions within the
Game for the User), cheats (codes, embedded in the Game for getting additional
advantages within the Game), as well as any other computer programs and/or technical
means that interfere with normal Game functioning and/or aimed at getting additional
advantages within the Game, which are not provided for by the rules, logics or technical
capabilities of the Game;
- make use of defects of the Game functioning whether such use results in additional
advantages within the Game or not.
- THE lICENSOR IS ENTITLED TO:
- limit the Game functionality fully or partially at his sole discretion (including, but
not limited to deleting the Game from App Store). The Licensor is not obliged to notify
the User of any limitation of functionality and is not liable for any damage caused to
the User as the result of limitation of the Game functionality;
- process information about the User’s activity within the Game (including, but not
limited to, actions taken and objects collected within the Game, in-game progress, use
of Game Supplementary Functionality);
- to change at his sole discretion any and all Game parameters (as well as
characteristics of In-game Goods), including without limitations:
- value of In-game Goods, expressed in in-game currency;
- the amount of fee to be paid for use of the Game Supplementary Functionality;
- the way to determine the User’s advancement within the Game (transition to a
higher level within the Game) and earning experience points;
- ways to interplay with the In-game Goods;
- logics and technical capabilities of the Game;
- ways to access the Game;
- exercise other rights in accordance with the EULA and Legislation.
- TRANSFER OF INFORMATION ABOUT CRIMES
- In case the Licensor learns about the User’s illegal activity, he has the right to
inform law enforcement authorities about violations of the Legislation committed by the
User and to pass to law enforcement authorities all available information about such
violations. Should the Licensor receive a respective enquiry he is also entitled to pass
such information to law enforcement authorities or other organizations that are eligible
for obtaining such information under the Legislation.
- INTELLECTUAL PROPERTY
- The Game and the Content are copyrighted works.
- The copyright for the Game and the Content belongs to the Licensor. All rights
reserved.
- The Licensor grants the User a non-exclusive licence to use the Game as intended (to
download, install and run the Game; to perform actions provided for by the technical
capabilities and logics of the Game);
- The User is not allowed to use the Game in any other way, for example, to rent, lease,
lend, upload to or host on any website or server, sell, redistribute, sublicense, copy,
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify,
or create derivative works of the Game, any updates, or any part thereof.
- Any commercial use of the Game or the Content by the User is PROHIBITED.
- The User is not allowed to transfer this licence to any third party or sublicense
third parties for use of the Game or Content. This licence also covers all updates
and/or additional components of the Game or Content, which will be created and provided
to the User in future.
- EPILEPSY WARNING
- Visual effects of the Game, especially flashes of light and ornaments may cause an
epileptic seizure. A person may have an epileptic seizure even if he/she has no medical
history of epilepsy.
- The User shall immediately stop using the Game and consult a medical professional if
the following symptoms arise:
- sudden groundless anxiety or fear;
- involuntary body movements, tingling;
- auditory or visual hallucination;
- clouding of consciousness.
- TERMINATION
- The EULA is effective until terminated by the User or Licensor. The User’s rights
under this EULA will terminate automatically without notice from the Licensor if the
User fails to comply with any term(s) of this EULA. Upon termination of the EULA, the
User shall cease all use of the Game, and destroy all copies thereof, both full and
partial.
- The User agrees that the Licensor has the right to terminate this EULA unilaterally at
any time at the sole discretion of the Licensor without notifying the User.
- FINAL PROVISIONS
- The EULA and all annexes thereof are regulated by the law of the Republic of
Belarus.
- Invalidity of any provision of the EULA invalidates neither the EULA as a whole, nor
other provisions thereof.
- All disputes arising out of the EULA (including, but not limited to disputes over the
invalidity of the EULA, as well as disputes over interpretation and performance of the
EULA) shall be settled by state courts of the Republic of Belarus.
- If a dispute defined in clause 10.3 of the EULA is submitted to the court, the winning
party is entitled to all reasonable damages connected to the court proceedings
(including legal costs).
- Non-performance of any provision of the EULA either by the Licensor or by the User
does not constitute a refusal to perform such provision at present or in future, neither
does it deprive the other party of the right to demand performance of such provision.
- Specifically excluded from application to this Agreement is that law known as the
United Nations Convention on the International Sale of Goods.