Absolutist Ltd ("Absolutist", "we" or "us") grants you the right to use the Sites owned and maintained by us ("Site", "Sites" or "Service") subject to the terms and conditions of service and use ("Terms of Service") set forth below. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE.
By using the Sites, you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in the Terms of Service should be construed to confer any rights to third party beneficiaries.
The Site includes a range of online features such as online games, tournaments, chat, user profiles, high scores, forums, online store, multiplayer gameplay, and other user generated content, as Absolutist determines in its sole discretion ("Online Services"). Certain games allow users to access these Online Services from within a downloaded game or online game. Online Services are provided as an additional and optional feature, and you acknowledge that we may modify or cease supporting Online Services at any time with no liability to you, in which event the games will continue to function without the Online Services capability.
Unless explicitly stated otherwise, the Service may be modified or terminated at any time by us for any reason, and without notice, without liability to you, any other user of the Service or any third party. Any new features that augment or enhance the current Service shall be subject to the Terms of Service.
We reserve the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.
2. Changes to Terms of Service
The Terms of Service of this service are subject to update by Absolutist at any time with or without notice, and you can review the most current version of it online at any time.
Some Services may require registration. When you register for Service, you must provide true, accurate and complete registration information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.
4. Use of Materials
The content within the Service is protected by copyright and other laws in both the United States and elsewhere. The Service includes both content owned or controlled by Absolutist as well as content owned or controlled by third parties and licensed to us.
We authorize you to view the Site Content solely for your personal, non-commercial use. You may not sell or modify the Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose without the written permission of Absolutist. Special rules may apply to the use of certain software and other items provided via the Services, and are noted where appropriate.
You understand that all data, text, information, links and other content ("Content"), is the sole responsibility of the person from which such Content originated. This means that you, and not Absolutist, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit ("Post" or "Submit") via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Absolutist be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Submitted via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge that we do not pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content Posted via the Service. If we discover Content that does not appear to conform to the Terms of Service, we may investigate and determine in good faith and in its sole discretion whether to remove the Content. Absolutist will have no liability or responsibility for performance or non-performance of such activities.
6. User Content and Feedback.
You may submit reviews or other feedback using forms on the Site and participants in Online Services may create, share, obtain, and transmit content such as text, graphics including virtual personas (or avatars), virtual skills, powers, or objects, ("User Content").
During your use of the Site, including if you participate in Online Services, you may be exposed to User Content that you deem offensive, inaccurate, indecent, or otherwise objectionable. You agree that Absolutist is not liable for any User Content, including, but not limited to, any loss, damage, or harm of any kind incurred by you as a result of any User Content. Absolutist does not pre-screen User Content, but has the right to remove any User Content that violates these Terms of Service, as it may determine in its sole discretion.
By submitting User Content to Sites, you grant Absolutist a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any User Content, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such User Content.
We may store User Content indefinitely; however, we have no obligation to store User Content or make it available to public or yourself in the future. You agree that Absolutist has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the Service. You acknowledge that we have set no fixed upper limit on the number of transmissions you may send or receive through the Service or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
7. Appropriate Conduct
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal, proper and related to the Service. By way of example, and not as a limitation, you agree that when using the Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
post any inappropriate, defamatory, infringing, obscene, or unlawful Content;
post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content;
post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by the Group owner.
download any file Posted by another user of a Group that you know, or reasonably should know, that cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
restrict or inhibit any other user from using and enjoying the Service;
use the Service for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Absolutist;
create user accounts by automated means or under false or fraudulent pretenses;
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from your country of residence.
While Absolutist strictly prohibits such conduct and Content in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.
8. Proprietary Rights
Absolutist and its affiliates and licensors own and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Absolutist's proprietary information.
Absolutist claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, Posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the Service or any other Absolutist Services.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that Absolutist is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
We may display advertisements and promotions on the Sites, or parts of the Sites. The manner, mode and extent of advertising on the Service are subject to change. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.
11. User Privacy
12. Disclaimer of Warranties
Absolutist and its affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the Service. We disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service.
THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
13. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Absolutist from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ABSOLUTIST BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Term and Termination
These Terms of Service will apply to your use of the Service. You may terminate your use of the Service immediately at any time, for any reason, by contacting customer support. We may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
We may provide you with notices regarding the Service or these Terms of Service by email or postings to this Web site.
17. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of Ukraine, without giving effect to its conflict of laws provisions or your country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and Absolutist with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
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