Individual entrepreneur Kryuchkov Viktor Gennadievich, hereinafter referred to as the Copyright Holder, registered in the Unified State Register of Individual Entrepreneurs under No. 319237500382549, addresses this Agreement (hereinafter referred to as the Agreement) to any person (an indefinite circle of persons) who has expressed readiness to conclude an agreement on the conditions set out below (hereinafter in the text - User).
This Agreement, in accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation, is a public offer, the acceptance of the conditions (acceptance) of which is the performance of the actions provided for by the Agreement.
1.1. The terms of the Agreement govern the relationship between the Copyright Holder and the User and contain the following definitions:
1.1.1. Offer - this document (Agreement) posted on the Internet at the address: www.krugames.ru.
1.1.2. Acceptance - full and unconditional acceptance of the offer by performing the actions specified in clause 3.1 of the Agreement.
1.1.3. The copyright holder is an individual entrepreneur (Kryuchkov Viktor Gennadievich), who placed the offer.
1.1.4. User - a legal or capable individual who has entered into an Agreement by way of acceptance on the terms contained in the offer.
1.1.5. The intellectual property is the Type: Energy evolution mobile game (the Game).
1.1.6. Simple (non-exclusive) license - the non-exclusive right of the User to use the Intellectual Property Object while retaining the right of the Copyright Holder to issue licenses to other persons.
2. Subject of the Agreement
2.1. In accordance with this Agreement, the Copyright Holder grants (transfers) to the User the right to use the computer program - the Type: Energy evolution mobile game (hereinafter referred to as the Game), under the terms of a simple (non-exclusive) license, and the User acquires the right to use the Intellectual Property Object in the manner and on the terms established by the Agreement.
2.2. The right holder guarantees that he is the right holder of the exclusive rights to the intellectual property object specified in clause 2.1 of the Agreement.
2.3. The term for granting the right to use the Intellectual Property Object is established for the entire period of validity of the exclusive rights to the Intellectual Property Object.
2.4. The use of the Intellectual Property Object by the User is not limited by the territory (the whole world).
3. Agree to the terms of the agreement
3.1. Acceptance (acceptance of an offer) is a click by the User of the button "I have read and agree with the terms of the Agreement."
3.2. By taking actions to accept the offer in the manner specified in clause 3.1 of the Agreement, the User guarantees that he is familiar with, agrees, fully and unconditionally accepts all the terms of the Agreement, undertakes to comply with them.
3.3. The User hereby confirms that acceptance (taking actions to accept the offer) is tantamount to signing and concluding an Agreement on the terms set forth in this Agreement.
3.4. The offer comes into force from the moment it is posted on the Internet at www.krugames.ru and is valid until the offer is revoked.
3.5. This Agreement is posted in writing on the Site. If necessary, any person, upon his request, may be given the opportunity to familiarize himself with the paper version of the Agreement at the office of the Copyright Holder.
3.6. The agreement can be accepted exclusively as a whole (clause 1 of article 428 of the Civil Code of the Russian Federation). After the User accepts the terms of this Agreement, it acquires the force of an agreement concluded between the Copyright Holder and the User, while such an agreement as a paper document signed by both Parties is not executed.
3.7. The Right holder reserves the right to make changes to this Agreement without any special notification, in connection with which the User undertakes to regularly monitor changes in the Agreement. The new version of the Agreement comes into force from the moment it is posted on this page, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always located on this page at the address: www.krugames.ru.
4. Rights and obligations of the parties
4.1. The copyright holder undertakes:
4.1.1. From the moment the offer is accepted, provide the User with the right to use the Intellectual Property Object.
4.1.2. Refrain from any actions that could complicate the exercise by the User of the right to use the Intellectual Property Object granted to him within the limits established by the Agreement.
4.1.3. Provide the right to use the Game daily and around the clock, except for the time of preventive measures carried out by the Copyright Holder.
4.1.4. Provide information about updates to the current version of the program or database that were released during the term of the Agreement.
4.1.5. In the presence of technical failures, the Copyright Holder reserves the right to eliminate possible software failures in the Game or keep the current version.
4.1.7. Ensure the confidentiality of information entered by the User when using the Site through the User's personal account, except for the cases of posting such information in public sections of the Site (for example, chat).
4.2. The user undertakes:
4.2.1. Use the Intellectual Property Object only within the limits of those rights and in the ways provided for in the Agreement.
4.2.2. Strictly adhere to and not violate the terms of the Agreement, as well as ensure the confidentiality of commercial and technical information obtained in cooperation with the Copyright Holder.
4.2.3. It is prohibited to copy in any form, as well as to modify, supplement, distribute (including public demonstration of the Intellectual Property Object (or any part of it), as well as refrain from creating derivative objects on its (her) basis without the prior written permission of the Copyright Holder. All exclusive rights to the Intellectual Property Object are inalienable and remain with the Copyright Holder in full.
4.2.4. Use the Intellectual Property Object without violating the property and / or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, rights to trademarks, service marks and appellations of origin, rights for industrial designs, rights to use images of people.
4.2.5. Perform other duties provided for by the Agreement.
4.3. The copyright holder has the right:
4.3.1. Summarize and analyze the received data on the work with the Game about the specific actions of the User on the terms of confidentiality and anonymity for statistical and marketing purposes. When compiling any statistical or marketing reports, publishing any statistical or marketing data obtained through such generalization and analysis, the Copyright Holder does not have the right to indicate specific names and (or) addresses, as well as other information that makes it possible to establish a connection with one or by another User.
4.3.2. If the User violates the conditions (methods) of using the rights to the Intellectual Property Object established by the Agreement, terminate the Agreement and deprive the User of the right to use the Intellectual Property Object. Violation of norms on copyright protection may also entail civil and criminal liability in accordance with the legislation of the Russian Federation.
4.3.3. To unilaterally amend the Agreement by publishing new editions of it.
4.3.4. Temporarily suspend the operation of the Game, as well as partially restrict or completely terminate access to it until the completion of the necessary maintenance and (or) its modernization. The user does not have the right to claim damages for such a temporary termination of the provision of services or limitation of the availability of the Intellectual Property Object.
4.4. The user has the right to:
4.4.1. Use the Intellectual Property Object within the limits and in the ways provided by the Agreement.
4.4.2. Use the Intellectual Property Object for its intended purpose, excluding any cases of resale, lease or transfer of the Intellectual Property Object to third parties.
4.5. The user is not entitled to consent to the implementation of this Agreement in cases where he does not have the legal right to use the Intellectual Property in the country in which he is located or lives
5. Terms and conditions of use
5.1. Provided that the User fulfills this Agreement, the User is provided with a simple (non-exclusive) license to use the Intellectual Property Object using a personal computer, mobile phone or other device, in the amount and in the manner prescribed by the Agreement, without the right to grant sublicenses and assignments.
5.2. The term for granting the right to use the Intellectual Property Object is established for the entire period of validity of the exclusive rights to the Intellectual Property Object.
5.3. In accordance with the terms of the Agreement, the Copyright Holder grants the User the right to use the Intellectual Property Object in the following ways:
5.3.1. Download (install) the Object of intellectual property - the Game on your personal computer, mobile phone, tablet computer or other similar mobile device.
5.3.2. Use the installed Game - an Object of Intellectual Property, including through the implementation of its functionality available to the User, including by playing on the monitor (screen) the corresponding technical means of the User.
5.3.3. Carry out other actions necessary for the functioning of the Intellectual Property Object - the Game on the technical means of the User in a form and in a manner that does not contradict the usual use of such Games, does not violate or infringe on the rights and interests of the authors of the Software and the Copyright Holder.
5.3.4. How to use: download and install the mobile Game on your phone or tablet.
5.4. The user is not entitled to take the following actions when using the Intellectual Property Object, as well as any of its component parts:
5.4.1. Modify or otherwise process the Intellectual Property Object, including translation into other languages.
5.4.2. Copy, distribute or process the materials and information contained in the Intellectual Property Object, except when necessary and caused by the implementation of the functionality available to him as a specific User.
5.4.3. Violate the integrity of the security system or take any action aimed at bypassing, removing or deactivating technical means of protection; use any program codes designed to distort, delete, damage, imitate or violate the integrity of the Intellectual Property Object, transmitted information or protocols.
5.5. Any rights not explicitly granted to the User in accordance with this Agreement are reserved by the Copyright Holder.
5.6. The Copyright Holder retains the right to use the Intellectual Property Object to the extent that the right to use is granted to the User.
5.7. In accordance with the Agreement, the Copyright Holder transfers to the User, and the User accepts the rights to use the Intellectual Property Object, to the extent stipulated by the Agreement.
5.8. The intellectual property object is provided by the Right holder in the "As is" ("AS IS") state, without warranty obligations of the Right holder or any obligation to eliminate defects, operational support and improvement.
6.1. To fulfill the terms of the Agreement, the User agrees to provide and consents to the processing of personal data in accordance with Federal Law No. 152-ФЗ dated July 27, 2006 "On Personal Data" on the terms and for the purpose of proper execution of the Agreement. "Personal data" refers to personal information that the User provides about himself independently to make an acceptance.
6.2. The Right holder guarantees confidentiality in relation to the User's personal data and provides access to personal data only to those employees or third-party services who need this information to fulfill the terms of the Agreement, ensuring that these persons comply with the confidentiality of personal data and the security of personal data during their processing.
Also, the Copyright Holder undertakes to maintain the confidentiality of all information received from Users, regardless of the content of such information and the methods of obtaining it.
7. Responsibilities of the parties
7.1. The parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the legislation of Russia.
7.2. The Copyright Holder does not assume responsibility for the compliance of the Intellectual Property Object with the purposes of use.
7.3. The copyright holder is not responsible for technical interruptions in the operation of equipment and software. At the same time, the Copyright Holder undertakes to take all reasonable measures to prevent such interruptions.
7.4. The use of the Intellectual Property Object in a manner not provided for by the Agreement, either upon termination of the Agreement, or otherwise outside the rights granted to the User under the Agreement, entails liability established by law for violation of the exclusive right to the Intellectual Property Object.
7.5. The Copyright Holder is not responsible for any actions of the User related to the use of the granted rights to use the Intellectual Property Object; for damage of any kind incurred by the User due to the loss and / or disclosure of his data or in the process of using the Intellectual Property Object.
7.6. The Right holder is not responsible and does not compensate the User's losses caused by violations and / or errors in the operation of the Intellectual Property Object, resulting from illegal actions of the User, his staff, or third parties.
7.7. In the event that any third party makes a claim to the Copyright Holder in connection with a violation by the User of the Agreement or current legislative norms, violation by the User of the rights of third parties (including intellectual property rights), the User undertakes to compensate the Copyright Holder for all costs and losses, including pay any compensation and other costs associated with such a claim.
8. Dispute Resolution
8.1. The claim procedure for the pre-trial settlement of disputes arising from this Agreement is mandatory for the Parties.
9. Final provisions
9.1. This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation. All possible disputes arising from the relations regulated by this Agreement are resolved in the manner prescribed by the current legislation of the Russian Federation, in accordance with the norms of Russian law. Throughout the text of this Agreement, the term "legislation" means the legislation of the Russian Federation.
10. Addresses and details of the parties
Copyright holder: Individual entrepreneur Kryuchkov Viktor Gennadievich,
Place of registration - Russia, Krasnodar region, Novorossiysk, st.Myskhakskoe shosse, 181-551.14; Postal address - Russia, Krasnodar Territory, Novorossiysk, Lenin Ave., 36-42;