Terms of Use

Introduction

Please read the terms carefully before beginning to use the services, as they set forth a legally binding agreement between you and us. By using the services, you affirm that you have reached the legal age of majority in your jurisdiction, and understand, accept, and agree to be bound and abide by the terms. If you do not agree to the terms, you must not use the services.

If you are under the legal age of majority (a “minor”) in your jurisdiction or state of residence, before using the services, your parent or legal guardian must read and consent to the terms. By permitting a minor to use the services, a minor’s parent or guardian becomes subject to the terms and agrees to be responsible for all of the minor’s activities on the services, including the purchase of any virtual content.

These Terms apply to all users of the Services, whether you have registered an account or not. Our Privacy Policy, and any additional terms, rules, or conditions, are hereby incorporated into these Terms by reference. To the extent that there is a conflict between these Terms and the specific terms or rules for the activity in which you choose to participate, these Terms shall govern.

Modifications

The Terms are subject to change. To the extent required by applicable law, we will provide User with reasonable advance notice of any material updates or modifications by any reasonable means of notification, provided that non-material changes, feature updates, or modifications made for legal reasons (as determined by us) will be deemed to be effective immediately and without notice. Changes shall be in effect as of the “Last Updated” date listed atop this page. Your continued use of the Services after the Last Updated date constitutes your acceptance and agreement to such changes.

Term

These Terms, and any posted revision or modification thereto, shall remain in full force and effect while You use or are registered for the Services. You may terminate Your use of or registration to the Services at any time, for any reason, and We may terminate Your use of or registration or license to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to You or any third party. Even after Your registration is terminated, Your obligations under these Terms, the Privacy Policy, any additional terms or rules — including, without limitation, any indemnifications, warranties and limitations of liability — shall remain in effect.

Access to services

To access certain elements and functionality of the Services, you will need to create an account (“Account”). To create an Account, you will be asked to provide method of authenticating your Account, which may include a password and, depending on the resources accessed, you may also be asked to provide other information like a verified email address, verified phone number, or a government-issued photo identification. You agree that all information provided to us will be true, accurate, and up to date.

You are responsible for maintaining the confidentiality and security of any credentials used to access your Account (e.g., a username and password). You must not share or disclose such credentials to others (except for Guardians in the case of a Minor User). You will be responsible for any actions taken in your Account and on the Services using your access credentials, whether or not such actions have been authorized by you. You may only access the Services through your own Account. Selling or purchasing an Account or access credentials is strictly prohibited.

If you have reason to believe your Account has been compromised, is not secure, or has been subject to unauthorized use, you must notify us immediately by contacting us by email at wayardi.game@gmail.com.

If you violate these User Terms or any of the Terms, we reserve the right, in its sole discretion, to terminate or suspend (i) your Account and (ii) your right to use and access the Services. We may also terminate your Account if we determine, in our sole discretion, you are a repeat infringer, as contemplated by the Digital Millennium Copyright Act (“DMCA”). We reserve the right, in our sole discretion, to change or suspend the Services (or any portion thereof) at any time and for any reason.

Virtual currency

You understand that while at times You may "earn", "buy" or "purchase" (i) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use within or in conjunction with the Services; or (ii) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand to identify these Virtual Items. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Services. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

Payment and refunds

Only Users who have reached the age of majority in their jurisdiction or state of residence may engage in financial transactions on the Services, such as buying a virtual currency.

When purchasing a virtual currency you (or your Guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. Any information you provide in connection with any financial transaction on the Services shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.

If you believe someone has gained access to or used your Account, including your payment method, without permission, you must notify us as soon as possible by contacting us by email at wayardi.game@gmail.com. If you notice charges on your credit/debit card, PayPal, App Store or Google Play account relating to the Services that you did not authorize, please contact Support immediately. To protect us and Users from fraud and other harm, we reserve the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase virtual currency.

You acknowledge that we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

Limitations on content and use

You are solely responsible for your conduct, your use of the services, and any content you generate in connection with your use of the services. The following restrictions govern your use of the services:

1. You shall not have more than one user account per platform, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
2. You shall not create a user account or use the services if you are a convicted sex offender;
3. You shall use your user account only for non-commercial purposes;
4. You shall not use your user account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
5. You shall not use your user account to engage in any illegal conduct;
6. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your user account or any virtual items associated with your user account to anyone without our prior written permission;
7. You shall not access or use a user account or virtual items that have been transferred from the original user account creator without our prior written permission;
8. If you access or use the services in a manner that interacts with any third party platforms or social networks, you shall comply with such third party terms of service/use as well as these terms;
9. You shall not advertise, distribute, or make otherwise available to the public any software, or code, that may be used to alter the services in any manner without our knowledge or permission, or circumvent any security measures we have in place for the services.

Other limitations

You acknowledge that you will not under any circumstances:

1. Engage in any act that Ardilan Yana Petrivna deems to be in conflict with the spirit or intent of the services, including circumventing or manipulating these terms, our game rules, game mechanics or policies;
2. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the services; disrupt or overburden any server used to offer or support the services; institute or assist in any type of attack, including distribution of a virus or denial of services attacks; or attempt to gain unauthorized access to the services, accounts registered to others, or the computers, servers, or networks connected to the services;
3. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable; post any information that contains nudity, excessive violence, or offensive subject matter; harass, abuse, or harm another person; or make available any material that infringes any intellectual property or other right of any person or entity;
4. Use the services for any commercial purpose without our express written consent, including communicating commercial advertisements, gathering or transferring virtual items for sale, performing in-game services such as power-leveling in exchange for payment outside the services, or transmitting unauthorized communications including junk mail, chain letters, and spam;
5. Interfere with the proper functioning of the services; use unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from the services; intercept or observe any proprietary communications protocol; make any automated use of the system that imposes an unreasonable load on our infrastructure; bypass any measures we employ to restrict access; use any unauthorized connection to the services; reverse engineer, decompile or disassemble any underlying software; or copy, modify or distribute content from the services except as specifically allowed;
6. Solicit personal information from other users; collect, harvest or post anyone's private information, including personally identifiable information, identification documents, or financial information; or upload or transmit any material that acts as a passive or active information collection mechanism without our express permission.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole and reasonable discretion, violates, or is suspected of violating, this section, including reporting you to law enforcement authorities.

Proprietary rights

Ardilan Yana Petrivna owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith (the "Content"), except for certain User-generated content as further explained below. The term "Content" includes, without limitation, all games, titles, videos, artwork, photographs, illustrations, animations, graphics, logos, text, themes, objects, characters, character names, stories, storylines, dialogue, sound recordings, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, computer code, data, user interfaces, and all copyrightable or otherwise legally protectable elements of the Services.

Except as explicitly provided herein, you may not use our name, trademarks, service marks or any other IP Right of Ardilan Yana Petrivna in any manner whatsoever to suggest association or affiliation with or endorsement by Ardilan Yana Petrivna without the express prior written consent of Ardilan Yana Petrivna. The Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use.

You acknowledge and agree that you shall have no ownership or other property interest in an account, and that all rights in and to an account are and shall forever be owned by and inure to the benefit of us. We reserve the right to terminate any account that has been inactive for 180 days. You agree that you have no right or title in or to any content that appears in the Services, including the Virtual Items appearing or originating in any Ardilan Yana Petrivna game, whether "earned" in a game or "purchased". You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money without Ardilan Yana Petrivna's written permission.

User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a game client or the Services, including without limitation any chat text. By transmitting any User Content while using the Services, you affirm, represent and warrant that such submission is accurate and not confidential; not in violation of any applicable laws, contractual restrictions or other third party rights; and free of viruses, adware, spyware, worms or other malicious code.

You own your User Content. You hereby grant Ardilan Yana Petrivna and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, to copy, reproduce, adapt, modify, translate, reformat, create derivative works from, publish, distribute, sell, license, publicly display, publicly perform, and otherwise use your User Content in connection with our provision of the Services, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant us ends when you delete your User Content or close your User account, unless your User Content has been shared with others and they have not deleted it.

Personal information

We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Services, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such Personally Identifiable Information are set forth in Our Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of personally identifiable information.

User posting and activity

The Services may provide you and other Users with an opportunity to participate in blogs, web communities and other message, comment and communication features, and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages and other information via the Services (each, a "User Posting").

You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. User Postings do not reflect the views of Ardilan Yana Petrivna, and you understand that by using the Services, you may be exposed to other people's User Postings that could be offensive, indecent or objectionable. We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, any User Postings.

In connection with all User Postings, you grant to Ardilan Yana Petrivna the unqualified, unrestricted, worldwide, non-exclusive, irrevocable, perpetual and royalty-free right, license, authorization and permission to host, cache, store, use, reproduce, distribute, display, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other platforms, whether currently existing or developed in the future, for any purpose whatsoever (including promotional purposes). These rights survive the removal of your User Posting.

Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information), may be accessed and monitored as necessary to provide the Services and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process; (ii) to satisfy any applicable laws or regulations; (iii) where We believe that the Services is being used in the commission of a crime; (iv) when We have a good faith belief that there is an emergency that poses a threat to health and/or safety; and (v) in order to protect the rights or property of Ardilan Yana Petrivna. You are solely responsible for your interactions with other users of the Services.

Advertisements

From time to time, you may choose to communicate with, interact with, or obtain goods and services of or from third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers") found on or through the Services or a hyperlinked website. All such communication, interaction and participation is strictly and solely between you and such Advertisers, and we shall not be responsible or liable to you in any way in connection with these activities or transactions. Please review the terms of service and privacy policies of such advertisers.

Hyperlinks to third party websites

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Services does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Ardilan Yana Petrivna. We do not verify, endorse, or have any responsibility for any such third party websites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit.

Indemnification

You agree to defend, indemnify and hold Ardilan Yana Petrivna, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) (collectively, "Claims"), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation of these Terms, or (c) your User Postings.

Disclaimer and limitations of liability

The Services, and all Content, Products, services and User postings are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement, or any guaranty or assurance the services will be available for use, or that all products, features, functions, services or operations will be available or perform as described.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the services.

To the fullest extent permissible by law, Ardilan Yana Petrivna and its successors and assigns, officers, directors, employees, agents, representatives, licensors, operational service providers, advertisers and suppliers, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the services or from these terms of use, including, without limitation, compensatory, consequential, incidental, indirect, special or punitive damages. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly some of the exclusions and limitations described in these terms of use may not apply to you.

Miscellaneous

1. These Terms, together with any additional terms, rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and Ardilan Yana Petrivna concerning the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, this shall not affect any other provisions. No action arising out of these Terms or your use of the Services may be brought by you more than one year after the cause of action has arisen.
2. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties.
3. The waiver or failure by Ardilan Yana Petrivna to exercise any right provided for herein will not be deemed a waiver of any further right hereunder.
4. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Ardilan Yana Petrivna and that Ardilan Yana Petrivna may seek injunctive relief, specific performance, and/or other equitable relief as a remedy.
5. Neither You nor Ardilan Yana Petrivna shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason beyond the control of the non-performing party.
6. These Terms and your use of the Services are governed by, construed and enforced in accordance with the laws of Ukraine. All disputes arising from or in connection with these Terms shall be resolved through negotiations. If the parties fail to reach an agreement, the dispute shall be referred to the competent court at the place of registration of the defendant in accordance with the current legislation of Ukraine.
7. This Agreement is in English and all disputes between the parties shall be resolved in English. Any foreign language services provided by Ardilan Yana Petrivna are for informational purposes only.
8. These Terms of Use were last modified on the date indicated above and are effective immediately.
9. The section headings in these Terms are for convenience and will not impact the interpretation of these Terms. Whenever the word "including," or similar is found in the Terms, it means "including, without limitation".

Contact information

The Services are offered by Ardilan Yana Petrivna. You can contact Ardilan Yana Petrivna by sending any messages to email:

Ardilan Yana Petrivna
wayardi.game@gmail.com