TERMS OF SERVICE

Last updated: 22 December 2020

All names, characters, places, contexts, and incidents in the Game are fictional and bear no reference to any nation, culture, and race. Any resemblance to real world events or people is purely coincidental. The Game is the result of artistic design and serves no purpose – cultural, informational, or other – except to give positive emotions.

Table of Contents

1. General

2. Account Creation, Use, and Security

3. Grant of a Limited License to Use the Service

4. Suspension and Termination of Account and Service

5. Ownership

6. User Content

7. Payment

8. Changes to the Service

9. Warranties and Disclaimers

10. Limitation of Liability

11. Indemnification

12. Applicable Law

13. Miscellaneous

14. Contact Us 

1. General

1.1 These Terms of Service (together with the documents referred to in it) are a legally binding agreement between you and VOLKA ENTERTAINMENT LIMITED (Registration Number HE 355146), having its registered office at 3, Kleopatras Street, 3042 Limassol, Cyprus (hereinafter “VOLKA”, “we”, “us”, or “our”) regarding your use of VOLKA’s game (the “Game”), website (the “Website”), and related services (collectively, the “Service”). Use of the Service is also governed by VOLKA’s Privacy Policy and other relevant policies, which are incorporated herein by reference.

1.2 Please read these Terms of Service and our Privacy Policy before using VOLKA’s Service. When you use our Service, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you must not use our Service.

1.3 Our Privacy Policy describes how we collect and use your personal information when providing our Service to you, and your rights and choices concerning your personal information. If you do not want VOLKA to use your personal information in the ways described in our Privacy Policy, you must not use our Service.

1.4 We may amend the Terms of Service, Privacy Policy, and other VOLKA policies at any time, in which case we will notify you. If you do not agree to the then-current version of our Terms of Service, VOLKA’s Privacy Policy, or any other VOLKA policy, rules or codes of conduct relating to your use of the Service, your license to use the Service must immediately terminate, and you must immediately stop using the Service.

1.5 Our Game is available on Facebook and on app stores. If you access the Game via these services, you must comply with their terms of service/use as well as these Terms of Service, and their Privacy Policy will apply to any personal data they collect from you when playing the Game. You acknowledge that we have no control over the terms and conditions or privacy policy of other services.

1.6 You may not use our Service if: (a) you are a convicted sex offender; (b) you are not entitled to use the Service under the laws of your country of residence; (c) you have previously been banned from using our Service; or (d) you do not have the minimum age required to use our Service or your parent or legal guardian has not agreed to these Terms of Service.

1.7 Our Service is available only to individuals who are at least 16 years old. If you are between the ages of 16 and 18, or between 16 and the age of majority in your country of residence, or you otherwise do not have the authority to enter into agreements such as this, your parent or legal guardian must review and agree to these Terms of Service and the Privacy Policy before you can use the Service. By entering into these Terms of Service, you represent that you are 16 years old or older and, where required, that your parent or legal guardian has reviewed and agrees to these Terms of Service and the Privacy Policy.

1.8 In some countries may exist legal and/or other restrictions on usage of the Service and/or downloading, installing, and/or using of products, portions of products, software that are or might be available through the Service. You represent that you comply with all legal restrictions in your jurisdiction.

2. Account Creation, Use, and Security

2.1 You may use our Service by creating an account with us through our Website and providing a username or an email address and a password, by logging through your Facebook account, or through an app store.

2.2 Your account is personal to you and you shall not transfer your account to any other person. You shall not rent, sell, or give away your account information, create an account using a false identity or information, or on behalf of someone other than yourself.

2.3 You shall keep your account information confidential. You shall not share your account details with anyone nor allow anyone to access or use your account. You are responsible for maintaining the security of your account and you are responsiblefor any of its uses, including any purchases, loss, or other changes to your account, whether or not performed or authorised by you. VOLKA does not hold any responsibility for anything that may happen through or to your account as a result of you allowing someone else to access your account. If you become aware of any actual or suspected loss, theft, fraud, or unauthorised use of your account or account information, please let us know immediately.

3. Grant of a Limited License to Use the Service

3.1 Subject to your agreement and continuing compliance with these Terms of Service and any other relevant VOLKA policies, VOLKA grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

3.2 You agree that you will not, under any circumstances:

  • Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
  • Use the Service for any commercial or business purpose or for the benefit of any third party, including without limitation advertising or transmission of any commercial advertisements such as ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation.
  • Use the Service in a manner which encourages or promotes illegal activity.
  • Act maliciously, for example by hacking into or inserting malicious code, including viruses or harmful data, into the Service or any operating system.
  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods, or any software designed to modify the features of the Service.
  • Make alterations to, or modifications of, the whole or any part of the Service or permit the Service or any part of it to be combined with, or become incorporated in, any other programs or websites.
  • Infringe our intellectual property rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by these Terms of Service).
  • Rent, lease, sublicense, loan, translate, merge, adapt, vary, or modify the Service or your access to the Service.
  • Sell VOLKA’s Game or any of its parts, including but not limited to virtual goods and items, user accounts, and/or access to user accounts in exchange for real currency or items of monetary value.
  • Disrupt, interfere with, or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing the Game. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used by us.
  • Execute, aid, or become involved in any type of attack, including without limitation distribution of a virus, or other attempts to harm or disrupt the Service or any other person’s use or enjoyment of the Service.
  • Transmit or post any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, or engage in on-going toxic behaviour, such as by repeatedly posting information on an unsolicited basis.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including VOLKA’s employees, including VOLKA’s customer service representatives.
  • Use an anonymising proxy.
  • Attempt to gain unauthorised access to the Service, accounts registered to others, or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by VOLKA, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
  • Collect or attempt to, any information or data from the Service or our systems.
  • Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or the Game, or to obtain any information from the Service or the Game using any method not expressly permitted by VOLKA.
  • Solicit or try to gain login credentials or personal data from other users of the Service or the Game.
  • Collect or post anyone’s private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Service.

3.3 We reserve the right to determine what conduct is considered to be in violation of the rules of use of our Service. We reserve the right to take action as a result, which may include suspending your access to and use of our Service or terminating your account and prohibiting you from using the Service in whole or in part. Any use of the Service other than as expressly authorised in this agreement, may also subject you to liability for violation of law.

4. Suspension and Termination of Account and Service

4.1 We may limit, suspend, or terminate the Service and user accounts or portions thereof, prohibit access to our Game and sites, and their content, and take any reasonable technical and legal steps to prevent users from accessing the Service, with or without notice to you, if we have grounds to suspect that a user is creating a risk or causing possible legal liabilities, infringing the intellectual property rights, or acting contrary to the letter or spirit of our terms or policies.

4.2 We reserve the right to stop offering and/or supporting the Service or a particular part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. Termination of your account can include disabling your access to the Service or any part thereof including inability to access or preview any content you submitted or other users of the Service have submitted.

4.3 In the event of your access to the Service being terminated, you will lose any benefits, earned or purchased virtual items, and VOLKA will be under no obligation to compensate you for any such losses or results.

4.4 You may terminate your account at any time and for any reason. If you wish to do so, please contact our Support team.

5. Ownership

5.1 Game and Service

5.1.1 VOLKA is the owner of all rights, title, and interest in and to the service, including without limitation the Game, titles, computer code, designs, text, graphics, logos, pictures, images, arts, concepts, characters, character names, artwork, animations, stories, dialogues, themes, objects, catch phrases, sounds, musical compositions, videos, audio-visual effects, moral rights, documentation, methods of operation, in-game chat transcripts, character profile information, recordings of the game played using a VOLKA game client, and the VOLKA game clients and server software. This agreement does not grant you or any other party any right, title, or interest in the Service or any content in the Service.

5.1.2 Copyrights, trademarks, and all other proprietary rights shown in the content, including, but not limited to, software, services, text, graphics, and logos (“Trade Marks”) are owned by us, our group companies, or third-party partners of us and are protected by international copyright laws. You shall not copy, edit, modify, reverse engineer, create derivative works from, download, store, reproduce, republish, display, distribute, transmit, disseminate, sell, license, sublicense, commercially exploit, or otherwise use any Trade Mark without our prior written consent. Any use of copyrighted material not in accordance with these Terms of Service is expressly prohibited and may result in termination of your right to use the Service and/or legal action.

5.1.3 VOLKA disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by VOLKA “as is”, without warranty of any kind, either expressed or implied.

5.2 Content

5.2.1 “Content” refers to all software (including without limitation the Game, titles, and computer code), communications (including without limitation all stories, dialogues, concepts, documentation, and character profile information), images, sounds and audiovisual effects, accounts, virtual goods and items, and material produced by VOLKA and/or received or made available to you during the use of the Service or developed during the course of the Game. Content also includes all feedback, comments, or suggestions that VOLKA receives from you regarding the Game. All Content is owned by VOLKA. VOLKA reserves the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensating you. All Content is protected under copyright law. You are not permitted to copy, redistribute, publish, create any derivative work from, or otherwise exploit our Content or any part of our Content.

5.2.2 If you are deemed to have acquired any right to, title of, or interest in the Content or any part of it, you agree and hereby assign solely and exclusively to VOLKA all of your rights, titles, and interest in and to such Content. If, for any reason, such assignment is void under applicable law, you agree to grant VOLKA the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative work from, transmit, publish, transfer, use, distribute, sell, publicly display such Content. To the extent permitted by applicable law, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.

5.3 Accounts

5.3.1 You acknowledge and agree that you have no ownership or other property interest in your account. All rights in and to the account are owned by VOLKA.

5.3.2 VOLKA reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we believe that you have failed to comply with this agreement.

6. User Content

6.1 Submission of User Content

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through our Service, or that other users upload or transmit, including without limitation any chat text. By submitting any User Content while using the Service, you affirm that such submission is (a) accurate and not confidential or misleading; (b) not harmful, harassing, threatening, defamatory, libellous, offensive, pornographic, inappropriate, abusive, racist, unlawful, or otherwise objectionable; (c) not in violation of any laws, contractual restrictions, or other third-party rights, and that you have permission from any third-party whose personal information or intellectual property is comprised in the User Content; (d) free of viruses, adware, spyware, worms, or other malicious code; and you consent to the processing of any personal information within such Content by VOLKA in accordance with its Privacy Policy.

6.2 Responsibility

You are solely responsible for the Content you upload, transmit, send, communicate, or otherwise make available through our Service. VOLKA disclaims all liability for any User Content.

6.3 Content Screening

6.3.1 VOLKA has no obligation to monitor the Service, and has no obligation to modify, edit, remove or delete any inappropriate content. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. VOLKA will not be held responsible for any failure to monitor, review, edit, or delete any Content submitted. However, if you encounter something you find objectionable and in violation of these Terms of Service, you can bring it to our attention by contacting us.

6.3.2 At our discretion, we may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you give your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We may also, at our discretion, choose to edit, refuse to post, or remove any User Content or any other materials that we deem at our sole discretion to be objectionable. If we determine that your communications or User Content violate these Terms of Service, we have the right, at our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Service entirely.

6.4 Content Use

6.4.1 The Service may include various forums, blogs, chat features, and any relevant platform where you can post User Content, including your observations and comments on designated topics. VOLKA cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, do not post it on the Service. VOLKA has no obligation to evaluate, use, or compensate you for any ideas or information you may choose to submit.

6.4.2 By providing User Content to the Service, you hereby grant VOLKA a sole, exclusive, irrevocable, perpetual, transferable, sublicensable, royalty-free, worldwide license to reproduce, modify, create any derivative work from, transmit, publish, transfer, distribute, sell, publicly display, publicly perform, and use such Content in any way and for any purpose whether commercial or otherwise, without further notice to or consent from you, and without any obligation to compensate you.To the extent permitted by applicable law, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.

6.5 User Interactions

6.5.1 You are also solely responsible for your interactions with other users of the Service. VOLKA reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with VOLKA to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting VOLKA access to any password-protected portions of your account.

6.5.2 If you have any dispute with any user, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

7. Payment

7.1 Online Purchasing

7.1.1 You can play the Game either as a free user or by making in-game purchases.

7.1.2 When you make a purchase, the payment page will let you know what payment methods you can use to pay. The price of the product will be the price indicated on the order page when you place your order. When your purchase is complete, you may receive a confirmation message with the details of your purchase. 

7.1.3 We do not guarantee display of prices in your local currency.

7.1.4 VOLKA does not handle and is not responsible for handling payment transactions. All transactions are handled by third-party payment service providers. By making in-game purchases, you are bound by and agree to the third-party payment service providers’ terms and conditions.

7.1.5 When making online purchases, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If our payment service provider brings to our attention that the information you provided, personal and/or financial, is untrue, inaccurate, or incomplete, or that there are reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, VOLKA has the right to annul related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.

7.2 Virtual Goods and Items

7.2.1 When playing the Game, you can earn or purchase in-game virtual items of value such as coins, diamonds, or other currencies, which you can exchange to acquire virtual in-game goods. Virtual goods and items have no value in real life.

7.2.2 You do not own any in-game virtual goods or items. You only purchase a limited, revocable, non-transferable license to use them.

7.2.3 In no case can virtual goods and items be sold, transferred, or exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Trading virtual goods and items outside the Game interface is strictly prohibited.

7.2.4 If your account is terminated, suspended, modified, or deleted for any reason, at VOLKA’s sole discretion, or if VOLKA discontinues its Game, you forfeit any and all virtual goods and items earned or purchased. VOLKA retains the right to manage, regulate, control, modify, and/or eliminate virtual goods and items as it deems fit and at its sole discretion, and VOLKA is under no obligation to compensate you or anyone else for any resulting losses.

7.3 Refunds

7.3.1 Purchases are not refundable, except at VOLKA’s sole discretion.

7.3.2 Should you wish to request a refund, please contact our Support team. Please note that you are not entitled to a refund if you submit your request more than 30 calendar days since you made the purchase. Each request for refund is subject to VOLKA’s investigation and will be treated as unique.

8. Changes to the Service

8.1 You understand that the Service is an evolving one. VOLKA may make changes to or update the Service and Game at any time and without any notice. We may require that you accept updates to the Service and to the Game and you may need to update your software in order to continue to use the Service.

8.2 We may discontinue all or any part of the Service, or restrict access to some parts of the Service or the entire Service, at any time for any reason with or without notice to you and without liability.

9. Warranties and Disclaimers

9.1 USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. VOLKA MAKES NO WARRANTY ABOUT THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THE SERVICE. VOLKA DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.

9.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

10. Limitation of Liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOLKA WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOLKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES. VOLKA WILL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO VOLKA IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO VOLKA DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND VOLKA’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH VOLKA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

10.2 NOTHING IN THESE TERMS OF SERVICE AFFECTS THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDES OR RESTRICTS ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF VOLKA OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF VOLKA.

11. Indemnification

You agree to indemnify, defend, and hold VOLKA (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service.

12. Applicable Law

These Terms of Service and all disputes relating to them will be governed by and construed in accordance with the laws of Cyprus.

13. Miscellaneous

13.1 Severability. If at any time any part of these terms is declared unenforceable, the rest of the terms will remain in effect.

13.2 Assignment. VOLKA may assign or delegate these Terms of Service and/or VOLKA Policies, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under the Terms of Service or Policies without VOLKA’s prior written consent, and any unauthorised assignment and delegation by you is ineffective.

13.3 Force Majeure. VOLKA will not be liable for any delay or failure to perform its obligations resulting from causes outside the reasonable control of VOLKA, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond VOLKA’s reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

14. Contact Us

If you have any questions concerning these Terms of Service, or you would like to contact us for any other reason, please contact our Support team.