Effective Date: 25th of May 2020
The terms of this agreement (“Terms of Service”) apply between you and Ulab Games, address Levanevskogo 14, Sumy, Ukraine, (“Ulab Games”) regarding your use of Ulab’s games, websites, discussion groups and related services (the “Service”). Use of the Service is also governed by Ulab Games Privacy Notice located at Privacy Notice.
If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you agree to comply with its terms of service/use as well as these Terms of Service.
By installing, using or otherwise accessing the service, you agree to these terms of service. If you do not agree to these terms of service, you may not use or otherwise access the service.
“Ulab Games” may update and modify these Terms of Service in response to changing legal, technical or business developments, or other reasons.
By continuing to access or use the Service after updates become effective, you agree to be bound by the updated Terms of Service
1. Right to use the Service
Subject to your agreement and continuing compliance with these Terms of Service, “Ulab Games” grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use the Service for your personal and non-commercial use. “Ulab Games” does not grant you any other rights to the Service. “Ulab Games” reserves all rights not expressly granted in these Terms of Service.
The Service and their contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items or currency appearing or originating in any of the “Ulab Games”’ games, whether earned in a game or purchased from “Ulab Games”.
In “Ulab Games” games you may purchase a license to use virtual goods using “real world” money (“Virtual items”). This lisence to Virtual Items is limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
“Ulab Games” may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The provision of Virtual Items for use in “Ulab Games” games commences immediately upon purchase. All purchases and redemptions of Virtual Items made through the Service are final and non-refundable. “Ulab Games” will not provide a refund for Virtual Items for any reason, and you will not receive any compensation for unused Virtual Items, unless required by mandatory legislation.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service.
If you request “Ulab Games” to delete your personal data, as described in “Ulab Games” Privacy Notice, you will permanently and without a right to a refund lose all your Virtual Items. After deleting your personal data, “Ulab Games” can’t connect those Virtual Items with you anymore.
3. Code of Conduct
You agree that you will not, under any circumstances:
- Engage in any act that “Ulab Games” deems to conflict with the spirit or intent of the Service or make improper use of “Ulab Games” support services.
- Use (directly or indirectly) any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service
- Use the Service in violation of any applicable law or regulation.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Service.
- Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by “Ulab Games”, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Service.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including “Ulab Games” employees, including “Ulab Games” customer service representatives.
- Make available through the Service 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, including without limitation a “Ulab Games” employee.
- Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Service.
- Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive
- engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information/content (or links to any information/content) that contains nudity, excessive violence, or offensive subject matter.
- Attempt to disassemble, reverse engineer, decompile or decipher any of the Service, encryption technologies or data used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by “Ulab Games”.
- Use the Service for Commercial purposes or for fraudulent or abusive purposes.
4. Third Party Services
“Ulab Games” games and Websites may include advertisements served by third parties and links to third party services, including but not limited to social media connectivity and gameplay recording and sharing. Third party services are subject to respective third party terms and conditions, which govern an agreement between you and the respective third party. You should study those terms and conditions carefully.
Some parts of the Service may enable or require you to create an account or otherwise register with the Service (“Account”). Your Account may require you to create a password or to use other credentials to access the Account (“Login Information”). Giving your Login Information to any other person, or allowing any other person to use your Account is strictly prohibited. You are responsible for all use of the Service under your Account, including purchases.
“Ulab Games” reserves the right to delete your Account, if there’s no activity by you in relation to your Account for 180 or more days. When your Account is deleted, you will no longer be able to access or use any Virtual Items (purchased or earned through gameplay) associated with that account, and “Ulab Games” will not offer any refund for those Virtual Items.
6. User Generated Content
“Ulab Games” Games and other Services may give you a chance to create, upload or transmit content or material, including but not limited to game levels and maps, characters, screenshots or videos of your gameplay, communications, images and sounds (together “User Content”). By creating, transmitting or submitting any User Content, you grant “Ulab Games” a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Content in any way and for any purpose, including but not limited to the rights to reproduce, copy, adapt, modify, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your User Content. “Ulab Games” will have a right to use all your User Content with or without notice and without any kind of compensation to you.
“Ulab Games” license to use your User Content survives any termination of these Terms of Service.
By creating, submitting or transmitting any User Content, while using the Service, you warrant that such content is
- Not confidential or misleading
- Not in violation of any laws
- Not violating any third party rights or contractual restrictions
- Created, transmitted or submitted with permission from any third party whose or intellectual property is comprised in the User Content
- free of viruses, adware, spyware, worms or other malicious code
7. Monitoring User Content and User Conduct
“Ulab Games” assumes no responsibility for the conduct of any users of the Service, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. ”Ulab Games” does not, and cannot, pre-screen or monitor all content or conduct of other users. Your use of the Service is at your own risk. By using the Service, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your expectations.
“Ulab Games” employees or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By accepting these Terms of Service you provide “Ulab Games” your irrevocable 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.
“Ulab Games” reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time “Ulab Games” chooses, in its sole discretion, to monitor the Service, “Ulab Games” nonetheless assumes no responsibility for content made available by users of the Service and “Ulab Games” assumes no obligation to modify or remove any inappropriate content.
8. Suspension and Termination of Account and the Service
Without limiting any other remedies available to “Ulab Games”, “Ulab Games” reserves the right to limit, suspend, terminate, modify, or delete Accounts or access to the Service, or portions of the Service, or modify and/or remove any of your Virtual Items, if “Ulab Games” believes that you are in breach of these Terms of Service. As a result of such termination of these Terms of Service you may lose all your Virtual Items (earned or purchased), and “Ulab Games” has no obligation to compensate you for any such losses or results.
9. Service availability
“Ulab Games” reserves the right to stop offering and/or supporting the Service, a particular Game, or part of the Service at any time, at which point your license to use the Service or a part of the Service will be automatically terminated. “Ulab Games” has no obligation to refund any Virtual Items or other items in connection with such discontinued Services, unless mandated by applicable law.
10. Disclaimer of Warranties
To the fullest extent permissible by applicable law, the Service are provided on an “as is” basis for your use, without any kind of warranty, performance assurances or guarantees of any kind. “Ulab Games” does not provide any express or implied warranties including but not limited to warranties of condition, uninterrupted use, accuracy of data, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties arising from a course of dealing, usage, or trade practice.
“Ulab Games” does not warrant that the Service meet your requirements; that the Service will meet your requirements; that operation of the Service will be uninterrupted or error-free, or that any errors or defects will be corrected. No communication with, or advice from, “Ulab Games” employees (oral or written) create a warranty.
Some jurisdictions do not allow the exclusion of certain warranties as stated above, so this Disclaimer of Warranties may not apply to you. In such a case this Disclaimer of Warranties applies to you to the fullest extent of the applicable law.
11. Limitation of Liability
To the fullest extent permitted by law, “Ulab Games” will not, in any event, be liable for any indirect, consequential, incidental, special, or other damages resulting from access, use or malfunction of the Service, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these Terms of Service or Games or the Service, whether based on tort (including negligence), contract, strict liability or otherwise and regardless of whether or not “Ulab Games” has been advised of the possibility of such damages.
To the extent permitted by law, “Ulab Games” total aggregate liability in connection with these Terms of Service, the Privacy Notice or the Service, will not exceed the higher of: (i) the actual price you paid for the license to use Virtual Items; or (ii) one hundred euros (EUR 100).
Some jurisdictions do not allow certain limitations of liability as stated above, so this Limitations of Liability may not apply to you. In such cases this Limitations of Liability applies to you to the fullest extent of the applicable law.
Nothing in these Terms of Service will prejudice the statutory rights that you may have as a consumer of the Service.
You agree to indemnify, defend and hold “Ulab Games” (and “Ulab Games” 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 Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the third party claim is not attributable to your intentional or negligent behavior.
12. Disputes and Law
In case of any disputes that may arise between “Ulab Games” and you, we encourage you to first contact us directly by contacting our support through the Service or by sending email to firstname.lastname@example.org.
If you are a resident of the United States, these Terms of Service, and any disputes related to the Service, to these Terms of Service or to Privacy Notice, will be governed in all respects by California law, without regard to conflict of law provisions.
If you are a resident outside of the United States, you agree that all disputes between you and “Ulab Games” will be governed by the laws of Ukraine, without regard to conflict of law provisions. You agree that any claim or dispute you may have against “Ulab Games” must be resolved exclusively by a court located in Sumy, Ukraine.
Some jurisdictions do not permit “Ulab Games” to enforce the choice of law provision. In such cases nothing in these Terms of Service limits your rights based on the laws of your jurisdiction.
You and “Ulab Games” both agree that if any part of these Terms of Service or Privacy Notice is found invalid, illegal or unenforceable, that provision will be limited or eliminated only to the minimum extent necessary, without affecting the remaining provisions of these Terms of Service or Privacy Notice, which will continue to be in full force and effect.
“Ulab Games” may assign these Terms of Service and/or Privacy Notice, 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 these Terms of Service or the Privacy Notice without prior written consent from “Ulab Games”, and any unauthorized assignment and delegation by you is invalid.
15. Entire Agreement
These Terms of Service and the Privacy Notice contain the entire understanding between you and “Ulab Games”, and supersede all prior understandings and agreements between you and “Ulab Games”
16. No Waiver
“Ulab Games” failure to exercise or enforce any provision of these Terms of Service does not waive “Ulab Games” right to enforce any of “Ulab Games” rights. Any waiver of “Ulab Games” rights is effective and binding only if it is documented in writing and hand signed by an authorized representative of “Ulab Games”.
If you have any questions about these Terms of Service or our Privacy Notice, please contact email@example.com.