User Agreement

User Agreement of от 28.07.2017 v.1.1

[1]. Information about the Company and Scope of the User Agreement.

This User Agreement (hereinafter also referred to as the “Agreement”) applies to all users using the Software Products (hereinafter also referred to as the “Game”, “Games”), which are presented on the game service Game Link (hereinafter also referred to as “Service”, "game service” ), as well as a software product - the Game “Rocket” owned by the Limited Liability Company “S Media Link” (hereinafter also referred to as the “Company”), as well as other services of the Company directly or indirectly related to the Service and the Games.

The Company, through its activities directly related to the development and distribution of software products (including games) as well as the management of Games through the Internet, provides services in maintenance and support of the game play on the gaming service Game Link.

The user can use any of the features of the game service and games through a variety of devices that have access to the Internet (for example, a mobile phone (smartphone), a computer, tablet, etc.).

The Company provides users with round-the-clock access to game services and games, except for the time of preventive maintenance on servers, as well as other circumstances that prevent the use of game services and games. Such circumstances include, but are not limited to, the user's lack of access to the Internet, the lack of maintenance by the user of the necessary technical infrastructure in good condition.

Any user of the Service, Game hereby confirms that he has read, understood, accepted, and fully agrees to abide by this agreement.

Any user is considered as such from the moment of its registration on the game service Game Link to the Internet address https://gamelink.smedialink.com and/or in games and/or on the site and/or from the moment of taking any other actions related to the use of the game service and games, until the termination of the parties' obligations on the grounds provided for by the legislation of the Russian Federation.

[2]. Terms and Definitions

User Agreement (hereinafter referred to as the agreement, offer) is an offer addressed to an unlimited number of persons and presented in this document.

Party to the User Agreement – the Company, User

Company is a legal entity registered in accordance with the established procedure, Limited Liability Company “S Media Link” (OGRN 1152310006782, TIN 2310187970) with the legal address at: 48, Odesskaya str., Krasnodar, Krasnodar Region, 350020, Office 705, using the site, located at http: https://smedialink.com (hereinafter also - the site).

Game service Game Link is software that provides ubiquitous and convenient network access to the games that are on the company's server, not on the computer or the user's device. The service allows the user to save and restore his game progress in games on different devices (mobile phone, computer, tablet, etc.).

Game/Games - programs, including software - the Game “Rocket”, representing a range of options, Services, and services intended for personal use exclusively for non-commercial entertainment purposes, presented on the Service and located at the Internet address https://gamelink.smedialink.com/.

The Game “Rocket” is a program, which is a set of options, Services, and services intended for personal use exclusively for non-commercial entertainment purposes, which is presented on the Service and located at the Internet address https://playrocket.app. The exclusive right to the Game “Rocket” belongs to the Company.

Services - a set of opportunities provided through access to multi-user games, using the Internet.

Registration - the procedure for entering user data into a special form on the Service, which is necessary for the Company to fulfill the terms of the user agreement, according to which the registered user is the beneficiary, and also for the user's access to the game service options and games.

User - any individual who is exempt from legislative restrictions on the use of online game services, using in any way Service, Games, including the Game “Rocket”, and who has accepted this User Agreement.

User data - personal data.

Personal data - personal information (including last name, first name, patronymic, date of birth, address, contact phone number, e-mail address), voluntarily and knowingly provided by the user during registration and which is necessary to comply with the user agreement, privacy policy for which the registered user is Beneficiary, as well as for the access of the user-individual to the Service features and Games, including the Game “Rocket”.

Password - a unique sequence of characters that is only communicated to the user during registration and is subsequently used to access his personal space (personal profile) on the site, the Service, and the Game.

Personal Space is a personalized interface for the Service, Games, and the Game “Rocket”, including a set of custom tools for using features of the Service and the Game “Rocket”.

[3]. Warranty and Representations

3.1. The Company and the user hereby represent and warrant to each other that as of the date of conclusion of the user agreement and during its validity:

they have all the powers to conclude this user agreement and fulfill the obligations assumed under the user agreement;

they have taken all actions necessary to conclude and execute the user agreement and to ensure that the user agreement is legal, binding on both parties and subject to execution in accordance with the provisions of the user agreement;

to the best of their knowledge, there are no outstanding legal issues or threat of litigation, or other circumstances that may have a negative effect on the party to the user agreement or its activities;

the party to the user agreement has not violated any substantive provisions of any contract or other agreement concluded by him, there are no ordinance, ruling or decision of the court, arbitral tribunal or other public authority that may have a negative effect on the party to the user agreement or its activities; no provisions of the Russian legislation or other regulations, or contracts that are binding on a party to the user agreement or its property may prevent the signing or execution of the user agreement;

fulfillment of obligations under the user agreement is an unconditional obligation of the party to the user agreement, which, at least, has the same priority as the remaining obligations of the party to the user agreement; all information and documents provided by one party to user agreement to the other party in connection with this user agreement are valid, true, complete and accurate in all respects, and the party to user agreement does not conceal any facts that, if they become known, could adversely affect the decision of the other party to the user agreement to enter into this agreement;

each party has sufficient information about its counterparty in the amount necessary to select him as such, and understanding that he has sufficient resources to fulfill his obligations under the user agreement;

the obligations of the party to this user agreement are legal, valid, effective and binding on the party to the user agreement and are subject to execution in accordance with the provisions of the user agreement.

3.2. Each party hereby acknowledges that it enters into this user agreement relying on assurances and guarantees provided by the other party, which have significant meaning for it.

[4]. General Provisions

4.1. The Company offers its services to users and grants the right to use the game service, games on the terms set forth in this user agreement.

4.2. The use of game service, games, and all relationships between the user and the Company are governed by this user agreement.

4.3. Any user, having used any functional capabilities of the gaming service or the game, expresses thereby his unconditional acceptance of all the terms of the user agreement and all other terms stated in the corresponding section of the gaming service, games, and agrees to comply with them, and in the event of disagreement with any of the conditions, to immediately stop using the game service, the game and immediately leave them.

4.4. This user agreement applies to all existing services and capabilities of gaming services, games, as well as any of their development and / or addition of new services and features, and modification of existing services and capabilities.

4.5. The User acknowledges and agrees that nothing in the user agreement can be understood as the establishing between the user and the Company any other relations not expressly provided for in this user agreement.   4.6. This user agreement is governed by the laws of the Russian Federation.

4.7. Any disputes arising out of this agreement and the relationship between the user and the Company will be resolved in accordance with the Russian law in court at the location of the Company, unless otherwise expressly provided for by Russian law.

4.8. Recognition by a court of any provision of this agreement as invalid or unenforceable does not entail invalidity or enforceability of other provisions of the user agreement.   4.9. Inaction on the part of the Company in the event of violation of the provisions of the User Agreement does not preclude the right to take appropriate action to protect its rights in future and does not constitute the Company's waiver of its rights in the event that similar violations are subsequently committed.

4.10. The Company reserves the right to change and (or) supplement this User Agreement without any notice. The new version of the Agreement shall enter into force from the moment of its placement in the appropriate section of the gaming service on the Internet site https://playrocket.app, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available at https://playrocket.app. Silence of the user is regarded as acceptance of changes and (or) amendments to the agreement.

4.11. The user agrees with the provisions of this Agreement by clicking the “Accept User Agreement” or “Continue” button, by inserting a corresponding mark in the field during Registration, including at any stage of such registration and (or) at any time using the game service or games.

4.12. The user also acknowledges that it has no right to transfer its login and password to third parties and has no right to receive a login and (or) password by third parties.

4.13. The User is obliged to immediately notify the Company of any case of unauthorized access to the login, password and/or any violation of the security of the personal cabinet on the gaming service, in games.

4.14. The company is not liable for eventual loss and/or data corruption that may occur due to a violation by the user of the provisions of this agreement, as well as improper access and/or use of gaming services, games.

4.15. The user is solely responsible for the security (resistance to guessing) of the password he chooses, and also independently ensures the confidentiality of his password. The user is solely responsible for all actions (and their consequences) within the framework or using the game service under the user's account (login), including cases of voluntary transfer by the User of data for access to the User account to third parties on any terms without agreeing with the Company and (or) in violation of the terms of the agreement. In this case, all actions within or using the gaming service under the user account are deemed to be produced by the user himself, unless the user notified the Company of unauthorized access to the gaming service, games using the user account and/or any violation (suspected breach) of confidentiality of its password.

4.16. To access the services and capabilities of the gaming services, games, user agrees to provide accurate and complete information as prompted during registration and necessary to meet the obligations of the Company and/or the user's access to a gaming service, the games. The User is obliged to keep this information up to date.

4.17. The Company has the right to block or delete a user account, and deny access by using any account to certain services and features of gaming service, games, and delete any content and information without giving any reason, including if the user violates the terms of the agreement and / or the legislation of the Russian Federation. The fact of the user violating the terms of the agreement and/or the legislation of the Russian Federation is established by the Company unilaterally, independently. The User agrees with this procedure and undertakes to execute the Company's decision.

4.18. The user is solely responsible to third parties for its actions related to the use of the gaming service, including if such actions result in violation of the rights and legitimate interests of third parties, as well as for compliance with the legislation of the Russian Federation when using gaming services, games.

4.19. The User hereby confirms that he possesses the technical information necessary for the launch and use of the Service and the Games, including information about the hardware and software requirements. Also, the User confirms that he has the necessary technical means for using the Service and the Games.

4.20. The User hereby acknowledges and understands that the graphics, sound and/or video materials included in the Service and Games, in the event of a coincidence, may cause an aggravation of nervous disorders in persons suffering from such disorders, including psychoneurological diseases. The user confirms that he does not suffer from such disorders, or agrees not to use the Service, Games.

4.21. The User is obliged to stop using the Service, Games for a long time, in case this use can cause damage to his physical health.

[5]. Intellectual Property

5.1. All objects available with the help of the Service, the Game Rocket, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter - the content of services), and also any content placed on the game service, in games, are objects of exclusive rights of the Company and other rightholders.

5.2. The use of gaming service, games is possible only within the framework of the functionality offered by the game service, the game. No elements of the content of the game service, games can not be used in any other way without the prior permission of the copyright holder, including the Company, if the latter is the copyright owner in relation to the corresponding result of intellectual activity. Such use implies reproduction, copying, processing, distribution on any basis, etc. The exceptions are expressly provided for by the legislation of the Russian Federation or the conditions of use of the gaming service, game. Any user has the right at any time to contact the Company on this and other occasions.

5.3. The Company grants the user a non-transferable non-exclusive right to use the game service, the Game “Rocket” only for its intended functional purpose for non-commercial entertainment purposes and provided that neither the user nor any other persons, with the assistance of the user, will reproduce, copy or process (modify) them or use any of their parts for personal or commercial purposes. The non-exclusive right to use the game service, the Game “Rocket” is provided to the user free of charge, except for cases of direct indication of the paid use of certain services of the Company. A prerequisite for the use of such services is the payment of remuneration to the Company in the manner and amount indicated at the Internet address https://playrocket.app.

5.4. Service, the game can contain links to websites on the Internet (third-party sites). These third parties and their content are not verified by the Company for compliance with certain requirements (reliability, completeness, legality, etc.), except for the cases expressly provided. The Company is not responsible for any information, materials posted on the websites of third parties to which the user accesses using the Service, the Games, including for any opinions or statements expressed on the websites of third parties, advertising, etc., as well as for the availability of such sites or the content and consequences of their use by the user.

5.5. The link (in any form) to any site, product, service, any information of a commercial or non-commercial nature placed on the gaming service, in the game is not an endorsement or recommendation of these products (services, activities) on the part of the Company, unless this is directly and unambiguously indicated by the Company itself.

[6]. Rights and Obligations of the User

6.1. When using the game service, the games the user has the right:

6.1.1. to use the opportunities of game service, game for personal non-commercial purposes, participate in the game process, receive from the Company additional services related to the Service, the Game.

6.1.2. to participate in contests, promotions conducted by the Company in the manner prescribed by the terms of such competitions, promotions.

6.1.3. to contact the Company with requests related to the conclusion and execution of this Agreement.

6.2. When using the game service, the games the user has no right to:

6.2.1. upload, send, transmit or in any other way to place and/or distribute the content (including information) that is unlawful, harmful, defamatory, offensive to the morality, shows (or promotes) violence and cruelty, infringes any intellectual property rights, promotes hatred and/or racial, ethnic, sex, religious, social discrimination, contains insults against any persons or organizations, contains elements of (or promotes) pornography, child erotica, constitute an advertisement of (or promotes) sexual services (including under the guise of other services), explains the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;

6.2.2. violate the rights of third parties, including minors and/or cause harm them in any form;

6.2.3. impersonate another person or representative of the organization and/or community without sufficient rights;

6.2.4. upload, send, transmit or in any other way to place and/or distribute the content in the absence of rights to such actions under the laws of the Russian Federation or any contractual relationship;

6.2.5. upload, send, transmit or in any other way to place and/or distribute advertising information not allowed in a special way, spam (including search), lists of other e-mail addresses, pyramid schemes, multi-level (network) marketing ( MLM), Internet earnings and e-mail business systems, "happiness letters", as well as use the services and opportunities of the Company to participate in these events;

6.2.6. upload, send, transmit or in any other way to place and/or distribute any materials containing viruses or other computer codes, files or programs designed to infringe, destroy or limit the functionality of any computer or telecommunications equipment or programs, to provide unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as placing links to the above information;

6.2.7 illegally collect or store personal data about other individuals;

6.2.8. disrupt the normal operation of the game service;

6.2.9. place links to the resources of the network, the content of which contradicts the current legislation of the Russian Federation;

6.2.10. promote actions aimed at violating the restrictions and prohibitions imposed by the agreement; motivation to commit unlawful acts, as well as assistance to persons whose actions are aimed at violating the restrictions and prohibitions in force on the territory of the Russian Federation;

6.2.11. infringe on the rights of minorities;

6.2.12. otherwise violate the rules of legislation, including the rules of international law.

6.3. The user has also no right to:

6.3.1. sell, license or sub-license, lease, rent, transfer the Service, Game to third parties.

6.3.2. translate into other languages, modify, decompile, dismantle, disassemble the Service, Game into individual components, modify the Service, the Game, implement reverse broadcasting of the Service, Game, modify, disassemble, decrypt or perform other actions with the object code and source text of the Service, Game, aimed also at obtaining information about the implementation of algorithms used in the software product; create derivative software products using the capabilities of the Service, Game.

6.3.3. combine or distribute the Service, the Game as part of collections or other similar distribution options.

6.3.4. promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement.

6.4. Non-compliance by the User with the prohibitions provided for in this Agreement shall entail the immediate and automatic termination of this agreement, and may entail criminal and civil liability.

[7]. Disclaimer of Warranties Provided

7.1. The user uses the Service, the Games at his own risk. The Service, Games are provided by the Company to the User “as is”.

7.2. The Company makes no express or implied warranties that: the Service and/or the Game complies / will comply with the User's requirements; the Service and/or the Game will run continuously, quickly, reliably and without errors; the results that can be obtained using the Service and/or the Game will be accurate and reliable and may be used for any purpose or in any quality (for example, for the establishment and/or confirmation of any facts); the quality of information obtained using the Service and/or the Game will meet the expectations of the User.

[8]. Limitation of Liability

8.1. The Company assumes no liability for any direct and (or) indirect consequences of any use or inability to use the Service, Game and/or damages (including actual damages, lost profits) caused to the user and/or third parties as a result of any use, non-use or inability to use the Service, the Game or any of its components and/or functions, including due to possible errors or malfunctions of the Service, Games.

8.2. In all circumstances, the Company's liability in accordance with Article 15 of the Civil Code of the Russian is limited to the total amount of funds received by the Company from the User for the right of use of the Service, Games.

8.3. A user who has detected a shortage or a software error during the use of the Service, the Game is obliged to immediately notify the Company with the indication of specific actions performed by the User immediately before such detection. In the event of non-fulfillment by the User of the duties specified in this clause and/or the use by the latter of a defect or a program error for their own purposes, including for profit and disclosure of the existence or the nature of the manifestation to third parties (hereinafter - the misuse of a program error), this agreement shall be deemed terminated from the date of such misuse of a program error, and the User may be held liable in accordance with civil and criminal law of the Russian Federation.

[9]. Final Provisions

9.1. All disputes, controversies or claims of the parties arising out of this Agreement or in connection therewith, including its performance, breach, termination or invalidity thereof shall be settled by negotiation between the Parties. In case of failure to settle disputes in out-of-court manner, they shall be referred to the court at the location of the Company, unless otherwise stipulated by the current Russian legislation. Pre-trial procedure for settling disputes is not considered by the Parties as a mandatory and failure to comply with it does not preclude the direct application of any of the Parties to the relevant court.

9.2. The parties to this agreement recognize as written evidence e-mails, correspondence via SMS messages to each other.

9.3. Any of the parties to this agreement shall have the right at any time to formalize their relationship by signing a hard copy of the necessary documents, including this agreement.