Terms of Use | Readable Games

The terms have been published: 06.12.2023

Current edition: 06.12.2023

Greetings!

We have drafted the Terms of Use to govern the relationship between You as a User and the Company regarding the use of the Game and related services. Please, read these Terms of Use carefully before beginning to use the Game, as they will govern how You use the Game. The Game allows the User to interact with the Game through the passage of various stories, through the User's own choice, within a predefined selection of data, in particular, but not limited to, the User can select and change the characters, the location, and the course of the story in the Game.

If You decide to use the Game, You have to confirm to be bound by all the terms and conditions set forth in these Terms of Use, including the permitted and prohibited uses. Our Privacy Policy and other relevant policies incorporated herein represent an integral part of these Terms of Use and are integrated into them by reference. You confirm that You have consulted and accepted the terms of our Privacy Policy, available on https://www.readable.games/privacy-policy.

The Company treats each of its Users with great responsibility and care and assures a personalized approach and proper quality of the Services.

Please, stop using and delete the Game if You do not agree with these Terms of Use and/or the Privacy Policy.

For convenience, We use the following terms:

“Terms of Use” - this document available at: https://www.readable.games/terms-of-use (“Terms”).

“Company” - ILARK LTD, incorporation number: ΗΕ 446200, registered office: Florini, 7, Greg Tower, Floor 2, 1065, Nicosia, Cyprus (“Company”, “We”, “Us”, “Our”).

“Game” - mobile application “Midnight Stories: Choice Games”, which can be downloaded and accessed via the following links: https://apps.apple.com/ua/app/midnight-stories-choice-games/id6444111225, https://play.google.com/store/apps/details?id=com.DefaultCompany.Midnightstories, as well as all content contained therein.

“User” - a person who uses the Services, regardless of whether he or she is registered in the Game or not (“You”, “Your”).

“Content” - any information and materials that are intentionally presented and made available within the Game, including, but not limited to, images, illustrations, texts, logos, articles, visual elements like characters and backgrounds, user interfaces, textual components such as dialogues and narratives, branding elements like logos, informative materials, music, sounds, animations and other objects of intellectual property rights that are the exclusive property of the Company.

“Personal Data” - any information relating to a natural person who is identified or can be identified with the help of this information (“Personal Data”, “Data”).

“Services” - services related to access, use of the Game, as well as all available types of interaction in the Game, including, but not limited to, user access procedures, gameplay interaction features, communication tools, in-game purchases, transactions, technical support, customer support, updates, account management services, and any additional features or functionalities provided by the Company to enhance the overall gaming experience.

“Subscription Plan”, “Subscription” - a structured payment arrangement that provides Users with ongoing access to premium features, content, or additional Services within the Game.

“User Content” - means any communications, images, data, personally identifiable information, and other information that User can upload or transmit through the Services, including without limitation any chat text.

1. General provisions

Upon accessing the Game, Users are required to familiarize themselves with and explicitly agree to the terms and conditions outlined in both the Privacy Policy and Terms of Use of the Company by clicking "Confirm". The User's consent to these policies is mandatory for access to the Services. Failure to agree to the specified policies will result in the User being denied access to the Services.

Access to the Services is initially provided free of charge. However, Users have the option to opt for a Subscription Plan, granting them access to additional premium features and Services.

The Services are intended solely for individual, non-commercial, and entertainment purposes. Users are expressly prohibited from engaging in any commercial activities, such as selling or exchanging content derived from the Game, without explicit permission.

The effectiveness of the Terms of Use is perpetual, commencing from the moment they are made accessible at the provided link above. These Terms apply uniformly to all Users, fostering a standardized and equitable framework for the entire User community. The uniformity of these Terms signifies a commitment to fairness and consistency, fostering a level playing field for all Users. Regardless of individual circumstances, the Terms of Use create a shared understanding and expectation, contributing to a predictable and supportive gaming environment.

By using the Services, You represent, warrant and covenant that: (a) You are at least 18 (eighteen) years old or, if You are a minor over the age of 14 (fourteen), You have obtained the consent of Your parents or guardians to use the Services in accordance with these Terms; (b) Your use of the Services does not violate any applicable law, rule or regulation; (c) all information You provide to Us is true and accurate.

If We find out that a person who has not reached the age from which it is permitted to access the Services use it without the consent of a legal representative, guardian, or other person authorized to provide such consent, We will take all necessary measures to suspend or restrict access to the Services.

2. The procedure for using the Game

To initiate their journey within the immersive world of the Game, Users are required to download the mobile application from digital distribution platforms, namely App Store and Play Market, with provided links above.

Following the launch of the Game, Users are required to give informed consent to the Terms of Use and Privacy Policy. Navigating beyond this phase, Users are empowered to personalize their experience by selecting story categories that align with their preferences.

Upon accessing the main screen of the Game, Users are presented with an array of distinct stories, from which they can choose which ones they want to read in more detail. These stories are inherently interactive, providing Users with occasional choices that allow them to influence the course of events, subsequently impacting the culmination of each story. These options empower Users to make choices depending on the evolving situation, fostering a dynamic and personalized storytelling experience. Moreover, these choices include personalizing the User's character — allowing them to select appearance and name — and making decisions regarding clothing and hairstyle to reflect their personality and mood within the narrative.

Each User's profile encompasses proprietary in-game currency in the form of diamonds and keys. These resources confer the privilege to unlock additional storylines and influence the narrative trajectory. The acquisition of diamonds and keys may transpire through a variety of modalities, including complimentary methods within the game, including, but not limited to, by inviting friends and/or acquaintances to play the Game, spinning the fortune wheel, viewing advertisements or in other methods offered by the Company, or by purchasing diamonds and keys for real currency, which is governed by section 4 of the Terms.

Every User is granted the right to sign in using their Apple ID or Google account, based on the operating system of their device, Facebook account and other methods allowed by the Game functionality. This registration process not only facilitates easy access to the Game but also ensures a seamless and synchronized gaming experience across multiple devices. By linking their account to an Apple ID, Google account or Facebook account, Users gain the convenience of picking up their Game progress and preferences from any compatible device. This feature enhances User convenience and flexibility, providing a unified and accessible gaming experience.

Should the User opt to discontinue the utilization of the Services for any rationale, the User has the right to submit an account deletion application to the Company. This application may include an additional elucidation of the grounds for the termination, facilitating the Company's endeavors to enhance the overall quality of the Services.

Upon receipt of the aforementioned application, the Company reserves the right to effectuate the deletion of the User's account within a period of 14 (fourteen) days. This deletion process entails the forfeiture of all in-game progress, the entirety of the game currency amassed, and the cessation of any active Subscription Plan, as well as termination of the account itself.

3. Updates to the Services

The Company reserves the right to modify, add, or remove features, content, or Services within the Game without prior notice.

The Company reserves the right to address and rectify software bugs and issues within the Game. In the course of bug fixing and system maintenance, the Company may temporarily restrict or modify certain functionalities of the Game to ensure a smooth gaming experience. The duration of such limitations will be determined by the Company based on the time required for necessary corrections and bug fixes.

4. In-game purchases

As mentioned in the previous section, the Game incorporates an in-game virtual currency, encompassing diamonds and keys, which may also be purchased through real currency transactions and used for the acquisition of in-game virtual items. It is essential to explicitly delineate that the Company does not process in-game transactions, as it is not part of its operational duties, and therefore maynot be responsible for the timeliness and completeness of such transactions. The Company only sets the cost of purchasing the relevant virtual currency and/or virtual items. All such transactions are duly facilitated by third-party e-commerce payment service providers, namely Google Play and Apple in-app purchases services. By engaging in the purchase of virtual currency within the Game, users expressly agree to be bound by and accept the terms and conditions of use stipulated by these third-party payment service providers.

The exchange of virtual currency or virtual items for tangible currency, commodities, or services of monetary worth, whether with our entity or any other party, is expressly disallowed. Engaging in the transfer of virtual currency or virtual items beyond the confines of the Game environment is strictly proscribed. This prohibition applies to the purchase or sale of virtual currency or virtual items for real currency, outside the Game and without being associated with the Company, and excludes any form of exchange of virtual currency or virtual items for items of external value outside the Game ecosystem with any person.

It is imperative to underscore that the rights conferred to Users are not tantamount to “ownership rights”. Rather, these rights are bestowed by the Company to Users for utilization within the parameters of the Game's functionality and are circumscribed solely by the provisions delineated in the Terms of Use.

The User is explicitly apprised that the concept of ownership with regard to virtual currency and virtual items within the Game is devoid of substantive legal recognition. The enumeration of any virtual currency does not connote a direct correlation with a tangible credit balance in real currency or its equivalency. It is imperative for Users to acknowledge that any representation of a “virtual currency” balance within their account in the Game is not indicative of an actual real-world balance or the presence of stored monetary value.

The User acknowledges that the acquisition of in-game virtual currency or virtual items constitutes the procurement of a limited, revocable, non-transferable license for their utilization within the Game. In the event of account limitations, termination, suspension, modification, or deletion, occurring at Our sole and absolute discretion, or in the event of discontinuation of the Game, Users explicitly forfeit any and all virtual currency and virtual items acquired or purchased.

Furthermore, the Company retains absolute authority to manage, regulate, control, modify, and eliminate virtual currency and virtual items as deemed appropriate. Users acknowledge that the Company is under no obligation to compensate for any losses resulting from such actions.

5. Subscription terms

In the Game, the User may be offered various Subscription Plans by the Company, which may provide the User with access to additional Services.

The Company possesses sole and exclusive right to provide Users with a range of Subscription Plans and determine the details and specific terms associated with each Subscription Plan within the fluid and evolving context of the Game. Users, therefore, acknowledge that the Company holds full autonomy in crafting and adjusting the features, durations, and other relevant aspects of Subscription Plans to meet the dynamic needs of the gaming experience.

Upon opting and paying for a certain Subscription Plan, Users are granted a limited, revocable, and non-transferable license that permits access to specific in-game Content and features associated with their chosen Subscription Plan.

The Company reserves the discretion to offer various Subscription Plans, including weekly, monthly, and yearly options, each delineating unique entitlements.

Specifically, as a primary benefit, Users may have the opportunity to receive a specified welcome bonus in the form of a predetermined quantity of diamonds upon initiating their Subscription Plan. Moreover, within the framework of the respective Subscription Plans, Users may gain access to exclusive VIP content, receive a daily allotment of diamonds and keys, avail a discount on in-game choices within storylines, and potentially access other Services that the Company, at its sole discretion, may choose to introduce. The nature and extent of these offerings are subject to the Company's unilateral decisions.

The Company may offer Users a trial period for the use of a certain Subscription Plan for a period of 2 (two) days. This trial period aims to afford Users the opportunity to acquaint themselves with the features and capabilities inherent to the selected Subscription Plan. By engaging in the trial period and subsequently opting for the Subscription Plan, Users acknowledge and accept the terms of automatic Subscription renewal and the associated charges, which are additionally governed by the terms and conditions of Apple and Google payment systems.

Should the User opt not to cancel the Subscription at least 24 (twenty-four) hours before the conclusion of the trial period, an automatic Subscription renewal will be initiated. In such instances, the User will be automatically charged the price indicated on the payment screen for the selected Subscription period.

Upon the conclusion of each Subscription period, the paid Subscription Plan will automatically renew for the designated duration, as initially chosen by the User during the purchase process (each week, month, year, or otherwise). To avoid automatic renewal and subsequent charges, Users must initiate the cancellation procedure at least 24 (twenty-four) hours before the end of the relevant Subscription period. Users expressly acknowledge and agree that, by not canceling the Subscription within the stipulated timeframe, they authorize the automatic renewal of the Subscription for the selected period. Users further acknowledge that charges associated with renewal will be applied.

In the event that the User decides to cancel the Subscription, this action signifies the discontinuation of automatic renewal. However, the User will retain access to all the functions and features of the Subscription for the remaining duration until the conclusion of the paid Subscription period. Notably, deleting the Game does not cancel Your Subscriptions.

If You do not pay the fees or charges due, We may make reasonable efforts to notify You and resolve the issue; however, We reserve the right to disable or terminate Your access to the additional Services provided under the relevant Subscription Plan (and may do so without notice).

To learn how to cancel the Subscription, please review the following instructions based on the platform through which You purchased the Subscription Plan:

If Purchased on App Store (Apple Devices): You can cancel Your Subscription Plan or trial period to it at any time by managing Your Apple ID account settings. To prevent charges, ensure the cancellation is completed in Your Apple ID account settings at least 24 (twenty-four) hours before the expiration of the trial or the current Subscription period. Exclusive responsibility for subscription management lies with You.

Learn more about managing and canceling Subscriptions on the Apple Support page.

If Purchased on Google Play (Android Devices): Canceling Your trial or Subscription is possible at any time through the management of auto-renewal settings in Your Google Play account. To avoid charges, make sure to cancel the Subscription in Your Google Play account settings at least 24 (twenty-four) hours before the conclusion of the trial or the ongoing Subscription period. You, as the User, are solely responsible for the management of Your subscriptions.

Learn more about managing and canceling Subscriptions on the Google’s support page.

Upon the cancellation of the Subscription following the paid period, the following consequences will be observed:

The User loses the capability to extend access to VIP stories, restricting his / her ability to continue exploring exclusive Content within these narratives.
Daily bonuses, including any diamonds and/or keys, will cease to be provided to the User after the Subscription expires.
In case the User opts to restart the VIP novel or restarts the episode separately, access to VIP content previously viewed is forfeited. The User loses the privilege to engage with VIP content.

To the fullest extent permitted by applicable law, the Company reserves the right to alter the price of the Subscription Plans at any given time. Notice of these changes will be disseminated by posting the updated information within the Game.

Alterations in Subscription Plans prices do not impact the paid Subscription period. Users who have paid for a specific duration will not be subject to the revised pricing until the commencement of a new Subscription period.

In the event that the User disagrees with the new prices introduced for the Subscription Plans, the User is required to cancel the relevant Subscription within a period of 24 (twenty-four) hours before the expiration of the current Subscription.

Users are encouraged to stay informed about changes in Subscription prices by regularly checking the Game for updates.

Subscription Plans purchased via an App Store or Google Play are subject to such App Store's or Google Play’s refund policies. This means We cannot grant refunds. You will have to contact an App Store or Google Play support.

If You have any questions in relation to the Subscription terms, please contact us at support@ilark.games.

6. Ownership

The intellectual property rights to the Game and its elements belong to the Company and are protected by the Ukrainian legislation on intellectual property, as well as relevant international agreements and conventions. The list of intellectual property objects owned by the Company includes the following:

Program Code: the source code, algorithms, and programming scripts that form the foundation of the Game;
Design Elements: all visual components, layout structures, stylistic choices, graphical elements, icons, logos, and artistic design elements contributing to the overall aesthetic of the Game;
Illustrations: artistic drawings, illustrations, and visual representations created for storytelling, character depiction, or any other purpose within the Game;
Text: written content, including dialogues, lyrics, narratives, stories, character scripts, and any textual material within the Game;
Audio Elements: musical compositions, sound effects, voiceovers, and any auditory elements contributing to the immersive audio experience of the Game;
Characters and Storylines: unique characters, story arcs, characters name, character profile information, scenario, and plotlines created for the Game;
Interactive Features: any interactive elements, gameplay mechanics, and User interface components;
Industrial property: inventions, utility models, industrial designs, trademarks, trade names;
Any other intellectual property objects that may constitute part of the Game.

The use of the Game is permitted only within the framework of the functionality provided. No elements or Content posted on the Game may be used in any other way without the prior permission of the Company. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.

The Company owns, has licensed, or otherwise has rights to use all the Content that appears in the Services. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any Content that appears in the Services, including without limitation the virtual items and/or virtual currency appearing or originating in the Game, whether “earned” or “purchased” in the Game, or any other attributes associated with a User account on the Services.

Any other use not provided for in this Terms shall constitute a breach of the terms and may be grounds for bringing the violator to liability in accordance with the current legislation of Ukraine. Any use of the Game or the intellectual property objects placed in it, except in the manner permitted by this Terms, is strictly prohibited.

The Service may let You and other Users create, submit, record, transmit, perform or distribute User Content making it available to the Company, whether via e-mail, or appropriate text forms in the Game, or through other functionality of the Services.

When a User transmits any User Content through the Services, it is explicitly stated that the User retains ownership of this User Content, and the Company does not claim any ownership of the copyright or other proprietary rights in such User Content. The Company reserves the right to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content at its discretion, without notice for any reason or for no reason at any time.

Notwithstanding anything to the contrary herein, You explicitly acknowledge and consent that You do not possess ownership or any property interest in an account. Furthermore, You acknowledge that all rights associated with an account are and will always be owned by and accrue to the benefit of the Company. Accounts created in the Game will remain active unless a User initiates a request for deactivation or deletion. However, it is important to note that the Company retains the right to terminate any account in case of breach of the provisions of these Terms without prior notice to the User.

7. License and usage limits

Subject to these Terms, the Company grants You a limited, non-transferable, non-exclusive, non-sublicensable revocable license to access and use the Services solely for Your personal, non-commercial purposes. The use of the Services is permitted only within the framework of the offered functionality. Such license is subject to the limitations below and You agree not to use the Services for any other purpose.

As a condition of Your use of the Services, and without limiting Your other obligations under these Terms, You agree to comply with the restrictions and rules set forth in this section as well as any additional restrictions or rules set forth in the Terms and Services itself.

You acknowledge that You will not under any circumstances:

take any actions that cause or may cause an unreasonable or disproportionate load on the Game’s infrastructure;
interfere or attempt to interfere with the proper operation of the Game;
use manual and/or automatic software, devices or other processes to "scan" or "encrypt" the Game;
use software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the operation of any software, hardware or telecommunications equipment, as well as to damage or gain unauthorized access to any system, data of the Services;
institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of services attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
use the Game for phishing and fraud;
modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any part of the Game or otherwise attempt to obtain any source code or basic ideas or algorithms of any part of the Game;
use any intelligent systems, robots, scrapers or other similar data gathering tools;
bypass or attempt to bypass any security or password protection on the Game, access the Game in any way other than through the interface provided and authorized by the Company;
participate in any activities and/or perform any actions that, in Our sole opinion, lead to, result in, or may result in an authorized User of the Games being defrauded of virtual currency or virtual items that the User has earned through authorized gameplay and/or purchased in the Games;
sell Our Services or any of their parts, including but not limited to virtual currency or virtual items, access to User accounts to any party in exchange for real currency or items and/or services of monetary value;
use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Services or any Game experience or without Company’s express written consent, modify or cause to be modified any files that are a part of the Services or the Game;
use improperly Our support services, including without limitation submission of false reports of abuse or misconduct by any party;
transmit any User Content that is abusive, threatening, obscene, defamatory, libelous, contains nudity or excessive violence; is racially, sexually, religiously, or otherwise objectionable or offensive;
make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
purchase, sell, rent, or give away account in the Game, or otherwise make it available to any third party;
use the Services for commercial purposes;
use the Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services;
otherwise infringe these Terms.

Any use of the Services in breach of these license limitations is strictly prohibited, can result in the immediate revocation of Your limited license and may subject You to liability for violations of law.

The Company retains the sole right to ascertain what behavior it deems to contravene the rules of use or deviate from the intent or essence of these Terms or the Services itself. The Company holds the authority to undertake actions in response, including but not limited to, the termination of the User’s account and the prohibition of the use of the Services, either entirely or partially without prior notice to the User.

For the proper provision of the Services, the User hereby grants a Company worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with sublicensing rights) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and exploit Your User Content via the Services for any purpose.

8. Warranties

The access to the Game is provided "AS IS", "AS AVAILABLE", "AS IT EXISTS". We disclaim all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the software. However, the Company does its best and takes all reasonably possible technical and legal precautions to ensure the safe use of the Game by the Users.

The Company makes no warranty that: (1) the Game meets or will meet the requirements and expectations of the User; (2) the Game will be available continuously, access to which will be provided quickly, reliably, and without errors; or (3) the Game will be free of any errors, omissions, interruptions, deletions, typographical errors or other defects; (4) the Game is free from any viruses or other harmful components; (5) any defects or errors in the Game will be corrected; (6) the User's technical device meets all the requirements that will allow the Game functionality to work without any interruptions.

By using the Services, the User agrees and warrants that he / she: (1) has the legal capacity to use the Services and consent to comply with the Terms; (2) will refrain from actions specified in section 7 of the Terms, which may have a negative impact on the operation of the Game and its Content; (3) will not use the Services in order to violate any applicable law or regulation; (4) provide User Content through the Services that is legally owned by him / her or a third party that owns all exclusive rights to the materials provided and has transferred non-exclusive rights to the User to use and distribute them.

By transmitting or submitting any User Content while using the Services, You affirm and warrant that such transmission or submission is (a) accurate and not confidential; (b) 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 comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and You acknowledge and agree that any of Your personal data within such User Content will be processed by the Company in accordance with its Privacy Policy.

9. Limitation of Liability

The Company and the User shall be responsible for fulfilling their obligations under these Terms in accordance with the current legislation of Ukraine.

To the fullest extent permitted by applicable law, the Company shall not be liable for (1) failure of the Game functionality to meet the User's expectations, (2) errors and malfunctions of the Game, (3) typographical errors, inaccuracies, omissions or other defects in the Game, as well as untimeliness or inaccuracy of any information contained in the Game, (4) any direct, indirect, consequential, actual or incidental damages that the Users have suffered or may suffer as a result of the temporary suspension of the Game, (5) the security of operation and content of third-party websites, links to which may be contained in the Game, (6) losses or damage caused by the breach of the Terms by another User, (7) the lack of a proper Internet connection of the User, which may result in difficulties for the User to access the Game, (8) any dissatisfaction or inconvenience caused by updates, modifications, or changes made to the Game, including alterations to features, content, or subscription plans, (9) issues related to in-app purchases, including but not limited to, unauthorized purchases or errors in transaction processing, (10) loss of User data, progress, or virtual items within the Game, whether due to technical malfunctions, updates, or other unforeseen circumstances, (11) the security of User accounts, including unauthorized access, hacking, or other breaches, and disclaims liability for any resulting losses or damages, (12) a User that for any reason cannot experience the full range of Content, features, or events within the Game, and disclaims liability for any resulting dissatisfaction, (13) any legal consequences arising from User actions in the Game, (14) User’s decision to purchase Subscription Plan, virtual items and/or virtual currency, as well as any associated risks and consequences, (15) any activities which may be conducted by minors without the consent of their parents or legal guardians, when such consent is legally required.

The User uses the Services at their own risk and is solely liable for the possible consequences of their use, including any damage and losses that such use may cause.

In the event that third parties file claims against the Company arising out of (i) Your use of the Services, (ii) Your User Content, or (iii) Your breach of these Terms, the breaching party agrees to cooperate with the Company in the defense of such claims and to settle such claims with third parties at its own expense, thereby protecting the Company from potential disputes, losses, damages, penalties, and other additional costs. The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

Notwithstanding anything to the contrary contained herein, You agree that:

Aggregate Liability Limitation: in the event of any and all claims arising from the use of the Services, You expressly agree that the aggregate liability of the Company is limited to the amounts You have paid to the Company for access to and use of the Services.
Scope of Damage Limitations: the limitations of damages set forth above are material terms of the Terms and their integral part.

10. Force majeure

The Company shall be exempt from liability for any delays, failures, or interruptions in the operation of the Game caused directly or indirectly by force majeure circumstances, such as war or hostilities, earthquake, flood, fire and other natural disasters, power outages or Internet interruptions, hardware and/or software malfunctions, virus attacks, actions of public authorities, or any other circumstances beyond Our control.

11. Links to third party websites

We reserve the right to post active links to websites that are not maintained by the Company. We do not verify, endorse, or have any responsibility for any such third party websites, their business practices (including, without limitation, their privacy policies), or any goods or services associated with or obtained in connection with any such website. If You visit websites through such links, You should review their privacy policies, terms of use, and other documents, as We are not responsible for the policies and practices of other companies.

These Terms govern only the Services and do not cover other websites or any corresponding content, features, and activities made available by any other company, even if URLs or hyperlinks to such websites are provided within the Services, unless specifically stated.

12. Advertising

Occasionally, You might choose to connect with third parties, including advertisers, sponsors, or promotional partners (referred to collectively as "Advertisers") either within the Services or via linked websites. Advertisements may appear on or through the Services, and You understand that Your engagement with such ads is voluntary.

Your interactions with Advertisers are distinct and separate from Our commitments. We are not involved in or responsible for any activities or transactions between You and Advertisers. The Company does not endorse or warrant the accuracy or quality of the products, services, or content offered by Advertisers. We bear no responsibility or liability for Your dealings with Advertisers (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between You and the Advertisers or any goods or services You may purchase or obtain from any Advertiser).

Advertisements may contain hyperlinks to external websites. We are not responsible for the security, content, or services provided by these third-party websites. It is Your responsibility to review and comply with the terms of service and privacy policies provided by Advertisers before engaging in any interactions, transactions, or connections.

Any agreements, understandings, or terms that arise from Your interaction with Advertisers are exclusively between You and the Advertisers. Such interactions do not establish any contractual relationship between You and Us. We are not liable for any losses, damages, or disputes arising from Your interactions with Advertisers.

The periodicity and frequency of ad display within the Services are subject to change. We do not guarantee specific intervals or timing for advertisements. By continuing to utilize the Services, You acknowledge and consent to the conditions specified in this section.

13. Personal data

We may receive Your personal data during Your use of the Services, as well as when You decide to contact Us.

We recognize the importance of protecting Your personal data, which is why We have drafted a Privacy Policy, which You can find at the following link. The Company collects, stores, and uses personal data in accordance with these Terms and the Privacy Policy, and takes all necessary precautions to protect the confidentiality of Users' personal data. The Company takes all necessary measures to protect the confidentiality of Users' personal data in accordance with the procedure generally used to protect this kind of information in the existing business environment.

The Company's Privacy Policy is an integral part of these Terms. We encourage You to read the Privacy Policy, and to use it to help make informed decisions.

14. Dispute Resolution

These Terms shall be governed by and construed in accordance with the applicable laws of Ukraine.

All disputes and disagreements that may arise in connection with these Terms shall be resolved by the Parties through negotiations in compliance with the pre-trial dispute resolution procedure. The pre-trial dispute resolution procedure is mandatory. All claims, suggestions and comments shall be considered by the Company in writing and sent to the Company's e-mail address, namely: support@ilark.games, within 30 (thirty) days from the date of sending the letter by the User.

In case of failure to resolve disputes through negotiations, any disputes, disagreements, or conflicts between the parties regarding any matters arising out of or related to these Terms shall be finally settled in accordance with the applicable laws of Ukraine.

If a dispute under these Terms or in connection with them arises between the Company and the User who is under foreign jurisdiction and/or is a citizen of a foreign country, such dispute shall be finally settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules. The arbitral tribunal shall consist of a sole arbitrator. The seat of the Arbitration Court shall be in Kyiv. The language of the arbitration shall be English.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to ensure that these Terms otherwise remain in effect. Failure of the Company to enforce any part of these Terms shall not constitute a waiver of the Company's right to further enforce such or any other part of the Terms.

16. Changes to the Terms

We reserve the right to amend these Terms at any time and for any reason by posting a new version of the Terms. Please review the Terms from time to time to be aware of any changes or additions. You can always find the current version of the Terms by the link specified above in these Terms.

If You disagree with any changes made to the Terms, You must stop using the Services and request for a deletion of the account.

17. Assignment

Company reserves the right to assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms without Company’s prior written consent.

18. Contact information

If You have any questions, doubts, or suggestions regarding the Terms and/or the Services, You may contact Us for assistance at the following e-mail address: support@ilark.games