Terms of Service
of games-lab.com.ua Website and GAMES LAB Company Products
GENERAL PROVISIONS.
- These Terms of Use of games-lab.com.ua Website and GAMES LAB Company Products, which are hereinafter referred to as the “Terms of Use”, are developed by Limited Liability Company GAMES LAB , a legal entity registered in accordance with the laws of Ukraine, identification code: 45316208 (hereinafter referred to as the “Company” or “GAMES LAB”).
- These Terms of Use are published on the Company’s website games-lab.com.ua (hereinafter — the “Site”) and the relevant version of these Terms of Use is effective from the moment of its publication on the Site. Before using the Site and any of the Company Products, you should carefully read the text of these Terms of Use.
- These Terms of Use constitute the final legal agreement between you and the Company that governs the relationship between you, as a user of the Site and any of the Company Products, and the Company, as a service provider for accessing the Company Products and ensuring that the Company Products and their services function as intended.
- These Terms of Use also incorporate any other policies, rules or documents they describe, relate to or in any way refer to, including but not limited to the Privacy Policy of games-lab.com.ua Website and GAMES LAB Company Products (hereinafter referred to as “Privacy Policy”) Privacy policy, and supersede all prior or contrary agreements between you and Company.
- Company is the developer of the Site and Company Products, operates the Site and Company Products, and provides you, as a user of the Site and Company Product(s), with services from accessing Company Products and making Company Products function as intended, and you agree to comply with these Terms of Use, if you agree to the Terms of Use in the manner provided in such Terms of Use.
SPECIFIC DEFINITIONS.
- Company Product(s) means the Site, any other websites, mobile applications, software, including mobile games, forums, blogs, any offline and online services that Company operates and makes available for your use and interaction, and marketing and promotional activities on all Company platforms developed and controlled by Company.
- Among other things, one of the Company Product is a mobile application called Stellar Burst, which is software that is installed on mobile devices as a free casual Match 3 online game available on the Google Play platforms for the Android operating system or the App Store for the iOS operating system.
- Content — textual and visual content developed and provided by the Company on the Site and in any of the Company Products, which includes, but is not limited to, various materials such as text, graphics, images and videos, other, and any other content on the Site and any Company Product.
- Services — the provision by the Company to you of access to the Company Products, use of their functionality and services, provision of gameplay, on the terms and conditions set out in these Terms of Use.
- You (also User) — any natural person who performs any actions related to the Site or the Company Products, visits the Site and/or downloads any Company Product to their mobile device, and/or uses the functionality of the Company Product in any way.
- Nickname — the name you provide as a user when using a mobile application provided to you by the Company or another Company Product.
YOUR CONSENT AND WARRANTIES TO THE TERMS OF USE.
- You agree to the Terms of Use, in the event of any use of the Site and/or the Company Product. The fact of any interaction with the Site and/or the Company Product confirms that you have read, understood and fully accepted the Terms of Use without any comments.
- You also agree to these Terms of Use at any time when you click the “I agree to the Terms of Use and Privacy Policy” button, and/or install or use the Company Product, and/or use the Services, and/or browse the Site.
- If you disagree with any provision of the Terms of Use, you agree to refrain from using the Services and any interaction with the Site and any Company Products. If you do not agree to these Terms of Use, please do not download, install or use Company Products, and remove Company Products from your mobile device.
- By performing any of the activities referred to in this section, you represent and warrant that you are at least 18 years of age or, if you are a U.S. citizen, 21 years of age (except in states where a different age of majority is provided), or are of a different legal age as provided by the laws of your country of citizenship/residency as the age of majority and/or the age to enter into binding agreements with the Company, including these Terms of Use.
- If you are less than 18 years of age (if you are a U.S. citizen, less than 21 years of age (except in states where a different age of majority is provided)) and you are under the age of majority, or you are of another legal age in which the laws of your country of citizenship/residency do not consider you to be an adult and/or only a parent or legal guardian can act on your behalf, your parent or other legal guardian must read these Terms of Use and give their consent in order for you to access the Service and Company Products. In the absence of such parental or other legal guardian consent, you are prohibited from using the Company Products or Services.
- If you are under 18 years of age or are at any other age at which, under the laws of your country of citizenship/residency, you are not an adult and/or only a parent or legal guardian can act on your behalf, your parent or other legal guardian is solely responsible for your activities on the Site and/or Company Products and all risks and consequences for any interaction you have with the Site and/or Company Products.
- You confirm that you have full legal capacity under the laws of the country of your citizenship/residency, and you are not subject to any form of guardianship under the laws of the country of your citizenship/residency.
- If under the laws of your country of citizenship/residence you are prohibited from using online gambling services or there are other legal restrictions, including the recognition of an online game presented in a certain Company Product as gambling within the framework of applicable local laws and its prohibition in the territory of your country, you are obliged to refrain from using such Company Product and Services. In such case, you agree to immediately stop using the relevant Company Product and Services.
- If you are a citizen of the People’s Republic of China or any other country whose laws provide for registration in various software products under your real name, you agree and undertake to indicate your real name as your Nickname.
- If you have found a provision in the Terms of Use that contradicts the current legislation of your country of citizenship/residency, you undertake to immediately stop interacting with the Site and the Company Products and refuse to use the Services. The Company is not responsible for any consequences of your further interaction with the Site and the Company Products.
AMENDMENTS AND ADDITIONS TO THE TERMS OF USE.
- The Company reserves the right to revise the Terms of Use at any time without prior notice to you, as well as the right to transfer in full or in part its rights and obligations under these Terms of Use to a third party or third parties.
- Any changes or additions to the Terms of Use shall be deemed to come into effect from the moment the new edition of the Terms of Use is posted on the Site. By continuing to interact with the Site and/or the Company Products, you agree with the current version of the Terms of Use. If you do not agree with the new version of the Terms of Use, you agree to immediately stop using the Services and any interaction with the Site and/or the Company Products.
ACCOUNT.
- To identify and access your own game data from any of your devices, you create an Account in a separate software product called Game Center, which includes your profile with avatar and name (hereinafter referred to as “Account”). The Account allows you to log in to Game Center and use the same credentials for all Game Center games on your mobile device.
- You may only use your Account in accordance with the Terms of Use. You may not make your Account available to third parties for use in any way, including but not limited to transfer, rent, lease, loan, for commercial use, including but not limited to live streaming, recording, playing, and training. Any consequences of, and liability for, any transfer of your Account to third parties will be your responsibility.
- You have the right to delete your Account at any time. You agree that deletion of an Account will result in the loss of data stored in such an Account, including any statistics, virtual credentials, etc.
- For citizens/residents of the People’s Republic of China:
- You understand and agree that the Company has the right to verify the information you provide in an Account. When creating an Account, you must provide your own true, legitimate, accurate and valid identification information and other relevant information, and you must not use personal information of third parties.
- You agree that, in accordance with the real name requirements of the relevant national laws of your state, you shall provide your real name when creating an Account. The Company has the right to authenticate and share the real name information you provide with a third party to complete verification of the real name listed in your Account.
YOUR RESPONSIBILITIES AS A USER.
- You agree to comply with all terms and conditions of the Terms of Use, as well as all applicable laws of your country of citizenship/residency, and country of your current residence, when using the Services and not to use the Services for illegal, misleading, malicious or discriminatory purposes.
- You agree to familiarize yourself with the text of the Terms of Use and Privacy Policy on a regular basis.
- You understand that it is not acceptable to collect any market research for a competing business using the Services.
- You shall not impersonate anyone else and may not misrepresent your affiliation with any person or entity.
- You agree not to interfere with the Site and Company Products by using malware or in any other way.
- You shall not block or otherwise interfere with the advertising features of the Company Products or their security.
- If you notice a violation of these Terms of Use, please notify the Company so that the Company can take appropriate action. The Company has the right to investigate violations and cooperate with law enforcement authorities to bring violators to justice.
- You agree not to use the Site and Company Products in any country in which applicable laws prohibit Company from providing the Services, game services, or other services related to the operation of any Company Product. The Company is not responsible for your unauthorized interaction with the Site and the Company Product in such country and you are solely responsible for any consequences.
- You agree not to violate the local laws of the country of your citizenship/residency, as well as the country of your current stay. You are solely responsible for failure to comply with such regulations.
- You agree to comply with the other obligations set out in these Terms of Use.
COLLECTION AND USE OF YOUR INFORMATION.
- The Company supports your data privacy rights. Please read the Privacy Policy to learn more about how the Company protects your rights and how you can exercise them when using the Site, Company Products and Services.
- By using the Site and Company Products, you agree that the Company Products and the Site may use automated means (including, for example, cookies and web beacons) to collect information about your mobile device and your use of the Company Products and/or Services (all information collected about you is referred to hereinafter as “User Content”). You may also be required to provide certain information about yourself to download, install or use a Company Product (such as a mobile application) or its features, and the Company Product may provide you with the ability to share information about yourself with others.
- The Company does not claim ownership of your User Content. You retain full ownership of all User Content, as well as any intellectual property rights and other rights associated with it. You should ensure that your intellectual property rights in relation to your User Content are protected, as the Company is not responsible for controlling, monitoring or protecting it.
IN-GAME CURRENCY.
- As part of the Services, the Company provides In-Game Currency in the Company Products, primarily in mobile applications, for your personal use only for entertainment purposes. In-Game Currency is a non-existent real game currency, one of the contents of the Content.
- In-Game Currency may be used by you only in the Company Products exclusively within the framework of using the Services. In-Game Currency has no “real” value and is not legal tender.
- By purchasing In-Game Currency, you only receive a limited revocable license to use it in the Company Products, including in mobile applications, strictly in accordance with the Terms of Use. Under no circumstances is title to the In-Game Currency transferred to you. Title and intellectual property rights to the In-Game Currency in any form whatsoever remain with the Company.
- Payment for the license to use the In-Game Currency is made via Google services for Android users and via Apple services for iOS users.
- Your agreement with your payment service provider governs your use of these details and you should refer to that agreement, not the Terms of Use, for your rights and obligations.
- The Company reserves the right to change the license fee for the use of the In-Game Currency at any time without prior notice.
- Payment for the license fee for the use of the In-Game Currency is non-refundable and you cannot receive compensation for the In-Game Currency not used in the Company Product.
- For citizens/residents of the European Economic Area: you have the right to withdraw from the purchase and the relevant purchase terms (which may be set by the relevant payment intermediary for the purchase, such as Google or Apple) within fourteen (14) calendar days. However, as a resident of the European Economic Area, you agree that by purchasing an In-Game Currency, you require immediate performance and understand that this means that you will lose your statutory right to cancel the purchase and related terms and conditions once you have gained access to and use of the In-Game Currency.
- The Company may make changes to the graphics of the In-Game Currency and other Content relating to the In-Game Currency at any time without notice.
- You may not sell or transfer the In-Game Currency to third parties for real legal tender. The Company is not responsible for any financial information exchanges, financial transactions or other agreements between you and third parties in any way relating to the In-Game Currency.
- You agree that you may not use the In-Game Currency for any purpose not contemplated by these Terms of Use and not within the scope of the Services. You understand that you may use the In-Game Currency only when interacting with a particular Company Product.
- You agree not to sue the Company, its representatives and other related parties for claims that you own any virtual items developed and presented by the Company in the Company Product, or claims for the alleged monetary value of such virtual items lost as a result of the failure of the Company Product, deletion or suspension of your Account.
- For citizens/residents of the People’s Republic of China, Japan, Republic of Korea:
- You agree that you are aware of the laws of your country of citizenship/residency and the country where you are located regarding the issues of acquiring the right to use virtual items in mobile applications and other software.
- You agree to abide by the laws of your country of citizenship/residence, as well as your country of location, restrictions and prohibitions on the acquisition of virtual items and the right to use them, including limits on the amount of money you can spend to acquire the right to use virtual items in mobile applications and other software, other legal provisions related in any way to virtual items. The Company shall not be liable for any violation by you of the relevant legislation of the country of your citizenship/residency, or the country where you are located.
ADVERTISING.
- The Company may display advertising on the Site and Company Products. The Site and Company Products may contain links to websites, mobile applications and/or services of third parties such as Site and Company Products advertisers, sponsors, etc. (“Third-Party Resources”). You consent to the display of Third-Party Resources on the Site and Company Products.
- The Company does not control the content of the Third-Party Resources and is not responsible for their content or any loss or damage incurred by you as a result of clicking on links to the Third-Party Resources.
- You agree that you access any of the Third-Party Resources linked to the Site and Company Products solely at your own risk and in accordance with the terms of use developed by such resources. The Company is not concerned with and is not a party to any interactions and agreements between the User and Third-Party Resources.
- The Company does not guarantee the accuracy of information provided by Third-Party Resources and does not endorse the views and opinions expressed by third parties using Third-Party Resources.
- You have the right to subscribe for a fee, which allows you to use the Services without having Third-Party Resources displayed to you for 30 days. The procedure for such subscription is set forth in a particular Company Product. You may subscribe at any time.
- The Company does not collect your payment information when you sign up for a paid subscription described in this paragraph. Subscription payments are made through Google’s services for Android users, and through Apple’s services for iOS users.
- Your agreement with your payment service provider governs your use of these details, and you should refer to that agreement, not the Terms of Use, for your rights and obligations. You agree that the Company reserves the right to change the subscription fee and billing method at any time.
- Payment for a subscription is non-refundable. If timely payment cannot be collected from your payment service provider for any reason, if you have materially violated any provision of the Terms of Use, or if the Company is required to do so by law, the Company may immediately and without prior notice suspend or terminate your paid subscription.
- If you are a resident of the European Economic Area and have purchased a paid subscription, you have the right to cancel your purchase within 14 calendar days without giving any reason. This right to cancel does not apply to renewal of an existing subscription. The right to cancel expires after 14 calendar days from the date of purchase in accordance with these Terms of Use.
INTELLECTUAL PROPERTY.
- Any Content contained on the Site and in Company Products is the subject of intellectual property rights of their legal owners. Such Content is protected by the legislation of Ukraine on intellectual property, as well as international legal agreements and conventions governing these issues.
- The copyright to the basic software code for ensuring the operation of the Site and the Company Products belongs to the Company and is protected by the relevant law.
- Subject to your compliance with the Terms of Use, the Company grants you a limited, temporary, non-exclusive, non-sublicensable, revocable license to use the Site and the Company Products on your device in the manner provided for in these Terms of Use for personal, non-commercial purposes.
- Except for the rights and licenses specified in the Terms of Use, you are not granted any other rights and licenses with respect to any intellectual property of the Company.
- Any use by you of the Content, the Site and/or the Company Products for purposes not provided for in these Terms of Use constitutes a violation of the Company’s intellectual property rights.
- You have the right to contact the Company using the contacts specified on the Site if you wish to report a suspected violation or have a request to remove published information that is intellectual property. Such a claim must be sent by you in writing to the Company’s contact information specified on the Site.
- The Company undertakes to consider all written claims of copyright infringement received at the Company’s address and to remove any content (information) that, in the opinion of the Company’s representatives, was published and/or distributed in violation of copyright laws.
LIABILITY OF THE PARTIES.
- Both the Company and you are liable for violation of the terms of the Terms of Use, in the manner established by the current legislation of Ukraine.
- You bear full responsibility and all possible risks for the legality of your actions on the Site and in Company Products, as well as in accordance with the laws of the country of your citizenship/residence. The Company is not liable for any violation by you of the laws of the country of your citizenship/residence.
- The Company is not liable for any possible negative consequences for you that occurred due to blocking your access to the Company Product, if the Company had proper grounds for such blocking.
- The Company is not liable for technical failures of the Site and/or the Company Product, if such failures occurred through no fault of the Company, including if the operation of the Site and/or the Company Product is disrupted due to interruptions in the operation of the Internet.
- The Company is not liable to you for restricting or terminating access to the Site and/or the Company Product, if such restrictions or termination of access arose due to force majeure circumstances (circumstances beyond the control of the parties) that could not be influenced.
- You agree that the Company shall not be liable for any accidental loss of your game data. The risk of loss of game data caused by switching between different systems, as well as any failures in the operation of the Site and/or the Company Product that occurred through no fault of the Company, shall be borne by you, the Company shall not be liable for this.
- The Company shall not be liable for any damage to your and/or third-party electronic devices, as well as other equipment or software, caused by or related to the use of the Site and/or the Company Product.
- You agree that the Company does not provide any other warranties. The Site, the Company Products, the Content, the Services are provided «as is» and «as available». To the extent permitted by law, the Company expressly disclaims all warranties, express and implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The Company does not guarantee that the Site, the Company Products, the Content, the Services will meet your expectations or that the operation of the Site and the Company Products will be uninterrupted and error-free. The Content may contain deficiencies, errors and other limitations. The Company is ready to consider your comments on the Content, received in writing via the contact information available on the Site, and, to the extent possible, correct such deficiencies and errors.
TERMINATION OF ACCOUNT AND RESTRICTION OF ACCESS TO COMPANY PRODUCTS.
- The Company reserves the right, including without prior notice to you, to limit, suspend, terminate, modify or delete the Account and restrict your access to the Company Products if it is established or there is any suspicion that you do not comply with the provisions of the Terms of Use, as well as in the event of any actual or suspected illegal or improper use of the Services. At the same time, the Company is not limited in the use of other legal remedies.
- The Company may take measures to block your access to the Company Products entirely at its discretion if it deems it necessary to prevent legal liability, including infringement of the intellectual property rights of third parties.
OTHER PROVISIONS.
- Term of the Terms of Use. The Terms of Use shall remain in full force and effect at all times while you interact with the Site, the Company Products and/or use the Services.
- Class Action Lawsuit Waiver. You agree to resolve all disputes with the Company on an individual basis only and waive the right to file or participate in class actions.
- Dispute Resolution. Except where prohibited by applicable law, you agree that any dispute, conflict, claim or disagreement directly or indirectly arising out of or in connection with these Terms of Use shall be resolved through peaceful negotiations directly with the Company in accordance with the principles of good faith and cooperation.
- If the negotiations fail to reach a consensus, the dispute will be resolved exclusively in the national courts of Ukraine. All claims must be filed within one year from the date of their occurrence, unless a longer period is required by applicable law.
- Force Majeure Circumstances. The Company shall not be liable for any delays or failure to fulfill obligations caused by circumstances beyond the Company’s control, such as natural disasters, wars, terrorist acts, civil unrest, embargoes, pandemics, epidemics, acts of civil or military authorities, fires, floods, accidents, strikes or shortages of transport, fuel, energy, labor or materials, etc.
- Invalid Provisions. If any provision of the Terms of Use is deemed invalid for any reason, the other provisions will remain in effect.
- Applicable Law. All legal relations arising from the application and execution of the Terms of Use are governed by the current legislation of Ukraine.
FEEDBACK AND INTERACTION.
- The Company undertakes to provide you as a user with feedback. You have the right to contact the Company with questions and suggestions using the contact information posted on the Site. The company provides a response, provided that you provide contact information to receive such a response.
Company:
Limited Liability Company «GAMES LAB»
Identification code: 45316208
Address: 4B prym.1,prov. Mykoly Buracheka Kyiv,03083 ,UKRAINE
Office Email: supervisor.gameslab@gmail.com
Date of publication of the current version of the Privacy Policy: 30.09.2024
