AGREEMENT AND SERVICES

These Terms of Use govern your use of all Branovets Games Web sites, products and services (collectively, the "Branovets Games Offerings") offered by Branovets Games and its Affiliates ("Branovets Games"). By participating in any Branovets Games Offering, you agree to be bound by these Terms of Use. For purposes of these Terms of Use, the term "Affiliates" means, with respect to Branovets Games, any person or entity which controls, is controlled by, or is under common control with, Branovets Games.
Without limiting the foregoing, each of your Branovets Games Offering account(s) (each a "Branovets Games"), if applicable, and participation in any Branovets Games Offerings are governed by these Terms of Use. The Branovets Games Offerings are always evolving, so it is important that you periodically check here, as well as the specific rules for any games or activities in which you choose to participate, for updates. If we revise these Terms of Use, such revision(s) will take effect immediately upon being posted within each Branovets Games Offering. As with our Privacy Policy, if you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all Branovets Games Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Branovets Games Offering, these Terms of Use will control.

ELECTRONIC COMMUNICATIONS

When you access a Branovets Games Offering, send e-mails or electronically chat with Branovets Games, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Branovets Games provides to you electronically satisfy any legal requirement that such communications be in writing.

ONLINE CONTENT AND CONDUCT

The content within the Branovets Games includes the software, communications, images, text, sounds, and all the material and information you encounter through the Branovets Games. Branovets Games and our independent content providers supply most of the content within the Branovets Games Offerings. You bear the risk of the completeness, accuracy or usefulness of any content found on the Branovets Games Offerings. Without limiting the scope of these Terms of Use, you agree to comply with any guidelines or other provisions when you access any Branovets Games Offering. Inappropriate, obscene, defamatory or offensive language, crude or explicit sexual references, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Branovets Games Offerings. Content standards may vary depending on where you are within a Branovets Games Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, or posting to any forums or message boards, within a Branovets Games Offering. We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Branovets Games Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Branovets Games does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Branovets Games Offerings. Branovets Games does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Branovets Games Offerings. You agree to indemnify Branovets Games and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Branovets Games Offerings. Without limiting the generality of these policies and standards, you understand that the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Branovets Games account(s) being immediately terminated: - Posting, transmitting, promoting, or distributing any content that is illegal
- Harassing or threatening any other user of a Branovets Games Offering or employee or contractor of Branovets Games
- Impersonating another person, indicating that you are a Branovets Games employee or a representative of Branovets Games (if you are not), or attempting to mislead users by indicating that you represent Branovets Games in any way
- Attempting to obtain a password, other account information, or other private information from any other user of a Branovets Games Offering
- Uploading any software, files or content to a Branovets Games Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, mass mailings and sending "spam", or making any commercial use of our Branovets Games Offerings.
- Improperly use any game support functions or complaint buttons, or make false complaints or other reports to Branovets Games staff members.
- Posting or communicating any player's real-world personal information within a Branovets Games Offering or by or through a Branovets Games Offering or any related bulletin board.
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Branovets Games Offering, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within a Branovets Games Offering, or using tools which anonymize your internet protocol address.
- Interfering or circumventing any Branovets Games Offering security feature or any feature that restricts or enforces limitations on use of or access to a Branovets Games Offering.
- Attempting to sell any part of a Branovets Games Offering, including, without limitation, any virtual currency (if applicable), Branovets Games accounts and access to them in exchange for real currency or items of monetary or other value.
- Engaging in cheating or any other activity that Branovets Games deems to be in conflict with the spirit of a Branovets Games Offering. Public Nature of Communications
You acknowledge and agree that your communications with other users via online messaging, forums or bulletin boards, or any other similar types of communication on or through any Branovets Games Offering, are public and not private communications, and you have no expectation of privacy concerning your use of or participation in any Branovets Games Offerings (other than with respect to the information you provide to us in establishing your Branovets Games account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Branovets Games Offering may be seen and used by others and may result in unsolicited communications. Branovets Games is not liable for any information that you choose to communicate to other users on or through any Branovets Games Offerings, or for the actions of any other users of any Branovets Games Offering. You represent and warrant that you have all necessary rights in and to any materials that you post within any Branovets Games Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Branovets Games and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Branovets Games permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Branovets Games Offering, you expressly grant Branovets Games the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. Commercial Activity and Unsolicited E-mail
You may not use any portion of the Branovets Games Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Branovets Games Offerings, or otherwise exploit your participation on or through any Branovets Games Offerings for any commercial purpose.

Branovets Games Software

We may require that you download software from Branovets Games or its licensors onto your computer/device ("Branovets Games Software"). Branovets Games grants to you a non-exclusive, non-transferable, revocable, limited license to use the Branovets Games Software to participate in the Branovets Games Offerings. The Branovets Games Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Branovets Games Software. NEITHER BRANOVETS GAMES NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY BRANOVETS GAMES SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER/MOBILE DEVICE HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER/MOBILE DEVICE HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE BRANOVETS GAMES SOFTWARE, RESIDES WITH YOU.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in any or all Branovets Games Offerings, including any and all Branovets Games accounts you have established. You acknowledge that we are not required to notify you prior to terminating any such account.

TERMINATION OF ANY BRANOVETS GAMES ACCOUNT

Branovets Games and you each have the right to terminate or cancel any of your Branovets Games account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Branovets Games account(s) and/or ceasing use of any and all Branovets Games Offerings is your sole right and remedy with respect to any dispute with Branovets Games. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and Branovets Games, including, without limitation, the Privacy Policy, or Branovets Games' enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through the Branovets Games Offerings, or any change in or to such content, (c) your ability to access and/or use any Branovets Games Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Branovets Games on or through any Branovets Games Offering. Branovets Games reserves the right to collect fees, surcharges or costs incurred before you cancel your Branovets Games account(s) or a particular subscription. In the event that your Branovets Games account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Branovets Games may allow you to create any new or additional accounts. All virtual currency and virtual items are unconditionally forfeited if your Game account is terminated or suspended for any reason, in Branovets Games' sole discretion, or if Branovets Games discontinues any Game. Without limiting the foregoing provisions, if you violate these Terms of Use, Branovets Games may issue you a warning regarding the violation, or, in Branovets Games's sole discretion, immediately terminate any and all Branovets Games accounts that you have established with any Branovets Games Offering, with or without notice.

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the Branovets Games Offerings are trademarks, registered trademarks or trade dress of Branovets Games or its licensors in the United States and/or other countries. Branovets Games' trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Branovets Games, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Branovets Games. The compilation of all content on the Branovets Games Offerings is the exclusive property of Branovets Games and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Branovets Games Offerings unless we have expressly authorized you to do so in writing. You may not use any of Branovets Games' trademarks or trade dress in connection with any product or service that is not owned or operated by or on behalf of Branovets Games, or in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Branovets Games. All other trademarks not owned by Branovets Games that appear on the Branovets Games Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Branovets Games. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Branovets Games Offerings, you agree to indemnify and hold harmless Branovets Games and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF ANY BRANOVETS GAMES OFFERING, BRANOVETS GAMES SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL BRANOVETS GAMES OFFERINGS AND BRANOVETS GAMES SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BRANOVETS GAMES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE BRANOVETS GAMES OFFERINGS OR BRANOVETS GAMES SOFTWARE AT TIMES OR LOCATIONS, OR THAT THE BRANOVETS GAMES OFFERINGS, BRANOVETS GAMES SOFTWARE, NEWSLETTERS OR E-MAILS SENT FROM BRANOVETS GAMES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRANOVETS GAMES IS TO STOP USING THE BRANOVETS GAMES OFFERINGS AND BRANOVETS GAMES SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR BRANOVETS GAMES ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT BRANOVETS GAMES IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A BRANOVETS GAMES OFFERING BY, ANY BRANOVETS GAMES OFFERING USER. IN NO EVENT SHALL BRANOVETS GAMES OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BRANOVETS GAMES FOR YOUR PARTICIPATION IN ANY BRANOVETS GAMES OFFERING. IN NO CASE SHALL BRANOVETS GAMES OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY BRANOVETS GAMES OFFERING OR BRANOVETS GAMES SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BRANOVETS GAMES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT BRANOVETS GAMES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BRANOVETS GAMES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF BRANOVETS GAMES OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING BRANOVETS GAMES OFFERINGS AND BRANOVETS GAMES SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Branovets Games and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Branovets Games Offering. Without limiting your indemnification obligations described herein, Branovets Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Branovets Games relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY

Branovets Games respects the privacy of Branovets Games Offerings users. Please review our Privacy Policy, which also governs your access to and use of the Branovets Games Offerings, to understand our policies and practices with respect your personal information.

STATUTE OF LIMITATIONS

You and Branovets Games agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Branovets Games Offering, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Branovets Games Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Branovets Games' Designated Agent listed below. For your notice to be effective, it must include the following information: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) A description of the copyrighted work that you claim has been infringed upon; (iii) A description of where the material that you claim is infringing is located within the Branovets Games Offering; (iv) Information reasonably sufficient to permit Branovets Games to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted; (v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (vii) Branovets Games' Designated Agent is: Branovets Games,
Attn: Legal Department, Intellectual Property Agent
Victor Branovets, e-mail: victor@branovets.com