TERMS AND CONDITIONS OF SERVICE

Last updated: September 2018

WE RECOMMEND THAT YOU STORE OR PRINT OFF A COPY OF THIS AGREEMENT (INCLUDING ALL POLICIES) FOR YOUR RECORDS. WHEN CHANGES ARE MADE TO THIS AGREEMENT AND/OR IN ANY OF ITS MENTIONED POLICIES, YOU WILL RECEIVE A RELEVANT NOTICE BY POP-UP OR TO THE EMAIL ADDRESS YOU HAVE PROVIDED.

These Terms and Conditions of Service (this “Agreement”) (together with the documents referred to in it) is a legal agreement (contract) between you and VOLKA ENTERTAINMENT LIMITED (Company Number HE 355146), a Cyprus based company having its registered office at Spyrou Kyprianou Ave. 15, Mesa Geitonia Area, Limassol 4001 (hereinafter "VOLKA" or "Us" or “We”). This company as well as these Terms and Conditions and all the documents mentioned were created for the use of VOLKA's games which includes all games published on our official website and related services (the “Service”). Use of the Service is also governed by VOLKA’s Privacy Policy and other relevant policies, which are incorporated within by reference. All mentioned Policies as well as these Terms of Service are subject to the General Data Protection Regulation 2016/679.

Use of the Service is also overseen by VOLKA's Privacy Policy, while using these products and services (collectively, the “Services”) we may request you to provide personal information. We use and preserve such information according to the terms of our Privacy Policy (the “Privacy Policy”) and other relevant policies, which are incorporated from now on by reference.

Our Privacy Policy mentions your rights regarding your personal data for which we have created Forms of Rights. When accepting these Terms of Service you also accept the content of the above mentioned Forms.

VOLKA makes this website and its mobile games, including all information, text, graphics, software, and services, available for your use subject to the terms and conditions set forth in this document ("Terms of Service"). You agree that any use by you of the Services shall constitute your acceptance of the agreement.

BY REGISTERING FOR AN ACOUNT OR OTHERWISE USING THE SERVICE YOU REPRESENT THAT YOU ARE IN THE AGE OF CONSENT. The age of consent varies: in France/Germany/Hungary the age of consent is 16 and in Denmark / UK / Sweden / Czech Republic / Cyprus the age of consent is 13 as well as in the United States.

If we learn that a user under the age of 13 years is accessing our (“Services”), we will immediately delete their account and all personal information we have related to their account.

If you access the Service from a Social Networking Site ("SNS"), such as Facebook, you need to accept their terms of service as well as ours.

We do not have any control over the Social Networking Sites (SNS) terms and conditions or privacy policy.

Table of Context:

  1. LOGIN INFORMATION AND CREATION OF A VOLKA ACCOUNT
  2. INFORMATION PROVIDED BY USER
  3. LICENSE/ SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
  4. CHANGES TO THESE TERMS
  5. INTELLECTUAL PROPERTY
  6. ACCEPTABLE USE/RESTRICTIONS/ SUPPLEMENTAL POLICIES
  7. PAYMENT
  8. CONTENT
  9. YOUR INDEMNITIES AND UNDERTAKINGS
  10. LIABILITIES
  11. SEVERABILITY
  12. ASSIGNMENT
  13. DISCLAIMERS

1. LOGIN INFORMATION AND CREATION OF A VOLKA ACCOUNT

How do I begin?

You can register to access the Services by creating an account and providing a username and/or an email address and a password (“Login Information”).

You can also Log in through your Facebook account or other social network account.

Access to our Services is permitted on a temporary basis and we reserve the right to withdraw or amend the services or the functionality that we provide on Services without notice. You can use Services as a free user and make in-game purchases or continue using Services only as a free user. From time to time, we may restrict access to some parts of Services, or the entire Services. We will use reasonable efforts to fix any issues and bugs in Services as quickly as we can.

How do I need to treat my LOG IN information?

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. If you Log In through you Facebook page, then you need to make sure that your Facebook Login Information is kept private as well.

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 any of the provisions of this agreement. You must not let anyone else access your account or share your account/login information. You should not do anything that could harm the security measures of your account. You are solely responsible for keeping your Login Information confidential and you will be solely responsible for any of its uses, including any purchases, loss, Service Charges or other changes to your account, whether or not performed and authorized by you.

Do I own my username and account content?

Unless otherwise stated, you acknowledge and agree that you have no ownership or other property to the account. All rights to the account are and will only be owned by and to the benefit of VOLKA.

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.

2. INFORMATION PROVIDED BY USER

Is my information being used by others except your company?

Some of our Services are available for use or download from mobile application platform providers like Google or Apple, which may require you to register with them and hold an account in order to access and use our Services.

VOLKA Services are not endorsed by Google or Apple. If you create an account with any mobile application platform, you are subject to any terms and conditions imposed by those platforms and you acknowledge that all obligations enforced by such mobile application platforms are in addition to your obligations under these Terms of Service.

Do you have any built-in tracking features?

In order to collect information on how you use the Games we need to have built-in tracking system/features which help us improve our services. But we track only your game activities and nothing outside the Games.

When we are using our tracking systems we do not track the exact geographic location and we are not able to have an exact image of your actions within the Services. You should also be aware that we do not use any type of spy technology and et cetera.

What is public discourse?

Public Discourse refers to your presence in forums/blogs/chat features and any relevant platform in which you interact by commenting or giving your opinion in various subjects. Anything posted on the mentioned platforms is ‘USER CONTENT’. VOLKA cannot guarantee the safety of information that you share to other members. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service.

We do not have any obligation to evaluate, use or compensate you for any ideas or information you may choose to submit. With this AGREEMENT, you agree that if you have any type of dispute with any users, 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.

What role does ‘USER CONTENT’ have within the Service?

A very important piece of our Agreement is the ‘USER CONTENT’.

‘USER CONTENT’ includes any notes, correspondence, images, sounds, and all the material, data, and information that you upload or transmit through a VOLKA game client or the Service, or that other users upload or transmit, including without limitation any chat text.

By uploading any User Content while using the Service, you warrant to us, that it is:

  1. accurate and not confidential or misleading;
  2. 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 contained in the User Content;
  3. free of viruses, adware, spyware, worms or other malicious code; and
  4. you consent to any of your personal information within such content will at all times being processed by VOLKA in accordance with its Privacy

Is someone monitoring the ‘USER CONTENT’?

We do intent to monitor as much as we can from the ‘User Content’ in order to prevent any violation of the Terms and/or any offensive content.

We may amend, revoke posting, or remove any “User Content” posted in the Games or in any Games-related sources at our sole discretion and determination. We do keep records of history of your interactions with in the Service and communications (including without limitation chat text), when you are using the Service. By entering into these Terms of Service, you give us your irrevocable express 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.

Can I report something I find offensive?

OF COURSE, we welcome any reports from our users. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. You can find our contact information within our Website and at the end of this Agreement.

We need you to understand and agree that we are not liable for any “User Content” generated by users of the Service. The Users are entirely responsible for any of the Content they make available, upload, communicate, transmit via our Games and related services.

3. LICENSE/ SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE

Do I own the Service that I am using?

No! Subject to this agreement and continuing compliance with these Terms of Service and any other relevant VOLKA policies, VOLKA grants you a non-exclusive, non-transferable, non-sub-licensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes.

Can my License be cancelled/suspended or terminated?

YES! We may cancel / limit / suspend or terminate the Service and user accounts, if according to the following we have grounds to suspect that a user is being a risk or is causing any possible legal liabilities, infringing the intellectual property rights, or acting in breach of this agreement of spirit of our terms and policies.

We reserve the Right to terminate any account that has been inactive for 180 days. VOLKA is under no obligation to compensate you for any such losses or results.

We may prohibit access to our Services and this content, amend or remove hosted content, and take any reasonable technical and legal steps to prevent users from accessing the Services. VOLKA does not have an obligation to refund you or provide any benefits or other compensation to users in connection with such terminated Service.

Can I cancel my account anytime?

You have the right to terminate your Account at any time and for any reason by following the process described on our support page located at https://taongafarm.com/data-protection.html. You will find in the above mentioned page the email address of our Data Protection Officer for any personal data related request you may have.

What are the conditions in which I will not be able to create an account?

You are prohibited to use our Services if:

  1. you cannot enter into a binding contract with us and you have not reached the age of consent in your county.
  2. you are a convicted sex offender;
  3. you do not agree to these Terms of Service; or
  4. we have previously banned you from using VOLKA Services.

4. CHANGES TO THESE TERMS

Are there going to be any changes to these Terms and Conditions of Service?

We want you to understand that as you evolve we evolve with you.

We are trying new things all the time so VOLKA may require that you accept updates to the Service and to VOLKA’s games you have installed on your device or computer or using through your computer browser.

Our technology is constantly changing but it might not be consistent across all platforms and the performance as well as some features offered by us may vary depending on your device and other equipment. You will receive a notice from this website, as a pop-up or an email to the address you provided, whenever changes are being made to these Terms or any other of our policies. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the 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 shall immediately terminate, and you must immediately stop using the Service.

5. INTELLECTUAL PROPERTY

What is Intellectual Property?

It is a term used in property law. It gives the creator certain exclusive rights to a distinct type of creative design, literary and artistic works, symbols, names and images.

Do I own any Intellectual Property rights with in the Service?

No! We are the owner or the licensee of all intellectual property rights in Services. Services are protected by international copyright laws and treaties. You agree that the intellectual property rights in Services are licensed, not sold to you, and that you have no rights other than the right to use the Services in accordance with the terms and conditions of this agreement.

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. You cannot vary, reproduce, use, copy, edit, distribute, store, publish, display, transmit, commercially exploit or disseminate the Trade Marks without our prior written consent. If you copy or download any part of Trade Marks in breach of this agreement, your right to use the Services will stop immediately and you must, return or destroy any copies of the materials you have made.

 All title, rights and interest in and to the Service (including without limitation any games, titles, computer code, concepts, characters, character names, artwork, animations, stories, dialogue, themes, objects, catch phrases, sounds, musical compositions, audio-visual effects, moral rights, documentation, methods of operation, in-game chat transcripts, character profile information, recordings of games played using a VOLKA game client, and the VOLKA game clients and server software) are owned by VOLKA. If at any time a violation of the above mentioned is performed then it will result in the immediate revocation of your limited license and may subject you to liability for violations of law.

References to third-party services and software are given by VOLKA "AS IS," without warranty of any kind, either expressed or implied.

6. ACCEPTABLE USE /RESTRICTIONS/ SUPPLEMENTAL POLICIE

What does VOLKA expect from me?

We expect that you will enjoy our services and respect them as-well.

You agree that you will not, under any circumstances:

  • Use Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Services or any operating system;
  • Use or take part (directly or indirectly) in the use of cheats, hacks, mods, exploits, automation, bots, software or any software designed to modify the features of the services;
  • Perform any act that VOLKA deems to be in conflict with the spirit or intent of the Service or make intentional improper use of VOLKA's support services;
  • Use Services in a manner which encourages or promotes illegal activity;
  • or infringe our intellectual property rights or those of any third party in relation to your use of Services (to the extent that such use is not licensed by these terms);
  • Sell VOLKA’s Games or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts in exchange for real currency or items of monetary value;
  • Disrupt, overburden, or aid and/or assist in the disruption or overburdening of any computer or server ("Server") used by us;
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in on-going toxic behavior, such as by repeatedly posting information on an unsolicited basis;
  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
  • Abuse or attempt to, or harass, or harm, or advocate the abuse of another person, group, including VOLKA`s employees, including VOLKA's customer service representatives;
  • Use an anonymizing proxy;
  • Collect or attempt to, any information or data from Services or our systems;
  • Solicit or try to gain Login Information or any other login credentials or personal data from other users of the Service or any VOLKA game;

We reserve the right to determine what conduct is considered to be in violation of the rules of use of our Services. In case that any of the above occur then we reserve the right to take action as a result, which may include termination of your Account and prohibit you from using the Service in whole or parts of it.

7. PAYMENT

Do I need to pay for the Services?

As we mentioned above you can play the game both as a free user or by making in game purchases. If you wish to make in-game purchases, our Service will direct you to our third-party Payment Service Providers as our company does not carry out the actual payment process.

Payments will be made in the currency of the country in which you live and will be non-refundable. When conducting online purchases with VOLKA Services and Games, you agree to the immediate execution of that purchase and accept that you will lose any right to withdraw your purchase once the purchase is processed. VOLKA will refund you for completed transactions.

Do you need any information from me if I am going to make any purchases?

All of your financial information is going to be provided to our Payment Service Providers.

If our associate Payment Service Provider brings to our attention that the information you provided, personal and/ or financial, 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.

What is ‘VIRTUAL CURRENCY’?

VOLKA’s games operate with virtual in-game currency (“Virtual Currency”), such as coins, cash, and/or diamonds, or other currencies, that can be purchased by you for real money and be used to purchase virtual in-game items (“Virtual Items”).

Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not have title to it. In case your account becomes closed, terminated, suspended, modified, or deleted for any reason, at VOLKA’s sole and absolute discretion, or if VOLKA discontinues its Games, you forfeit any and all Virtual Currency and Virtual Items earned or purchased. VOLKA is under no obligation to compensate you or anyone else for any resulting losses.

Can I give my ‘VIRTUAL CURRENCY’ back or exchange it?

In no circumstance can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Trading Virtual Currency or Virtual Items outside the Game interface is strictly prohibited.

8. CONTENT

What is “CONTENT”?

“Content” refers to all software (including without limitation all games, titles, and computer code), communications (including without limitation all documentation, stories, concepts, dialogues, and character profile information), images, sounds and audiovisual effects, accounts, Virtual Currency and Virtual Items, and material produced by VOLKA and/or received or made available to you during the use of Services or developed during the course of the Games.

Content can also include all feedback, comments, or suggestions that VOLKA receives from you regarding the Games. Unless otherwise expressly stated in writing, you understand and agree that all Content together with ‘User Content’ is owned by VOLKA.

We are allowed to use all Content for any purpose including without limitation all commercial and/or promotional use, without restrictions or compensating you. All Content is protected under Copyright Laws for any unauthorized use. In case you have acquired any right to the Content, you agree and assign solely and exclusively all those rights, titles and interests to VOLKA.

If somehow the above mentioned cannot be reached, then you agree within this agreement that you grant VOLKA the sole, exclusive, irrevocable, sub-licensable, 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 laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.

I understand I don’t own the Services but can I give comments?

We value your opinion to the fullest, but you need to comprehend that any suggestions for improvements or feedback you might give on our Service / Product are going to be transferred to us in all property.

With this agreement you give us a sub-licensable, royalty-free, irrevocable, worldwide license to use and incorporate such suggestions and feedback in VOLKA Services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback (such as the right to be identified as the author).

9. YOUR INDEMNITIES AND UNDERTAKINGS

Can I give the game to someone? As a gift or rent it for money?

Each Account is personal meaning only the owner of the Data input can use the Services. Entering this Agreement you UNDERTAKE:

  1. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify Services or your access to Services;
  2. not to make alterations to, or modifications of, the whole or any part of Services nor permit Services or any part of it to be combined with, or become incorporated in, any other programs or websites;
  3. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Services;
  4. to include our copyright notice on all entire and/or partial copies of Services in any form;
  5. or not to provide, or otherwise make available, Services in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.

Regardless of the above mentioned, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of Services otherwise than in accordance with this agreement or any applicable laws.

You agree to compensate, 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 VOLKA, or any breach by you of these Terms of Service.

10. LIABILITIES

Does VOLKA have any Liabilities?

To the maximum extent permitted by law, VOLKA SHALL 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 OR BUSINESS INTERRUPTION OF 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 these damages are based on Contract, Tort or any other legal theory and whether or not VOLKA has been advised of the possibility of such damages.

To the extent not prohibited by law, 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.

11. SEVERABILITY

What happens if these terms of use become ineffective?

Let’s agree together that in any case that these terms in whole or in part become ineffective, invalid or unenforceable under any applicable local laws or court, it will be regarded as excluded from these terms and the rest of the terms will remain in full force and effect.

12. ASSIGNMENT

Can I assign these terms to someone?

You may not assign any rights or obligations under the Terms of Service or Policies without VOLKA's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

VOLKA on the other hand can assign or delegate these Terms of Service and/ or the VOLKA Policies, in whole or in part, to any person or entity at any time with or without your consent.

13. DISCLAIMERS

Condition of Services:

The Use of Services is at your own risk. Services are provided on an “as is” basis. We do not warrant or guarantee that Services and all or part of its contents will be always available or that its use will not be interrupted.

You acknowledge that Services may not be free of bugs or errors and you agree that the existence of any minor errors will not constitute a breach of this agreement.

VOLKA assumes no responsibility for errors in the software, information, or services referenced or linked to on this website.

By Downloading and using any of the software or services offered on the website you understand that is done at your own discretion and risk and you are solely responsible for all damage to your device system, loss of date, or other harm that results from such activities.

Applicable Law:

These Terms of Use and all disputes relating to them shall be governed by and construed in accordance with the CYPRIOT and EU Law.

Force Majeure:

VOLKA shall 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, labor or materials.

OUR CONTACT INFORMATION:

LEGAL ADRESS:

Spyrou Kyprianou Ave 15, Mesa Geitonia Area, Limassol, Cyprus, 4001

DATA PROTECTION OFFICER DETAILS:

privacy@volkagames.com