Terms of Service (“TOS”)

Effective Date: April 18, 2022

These terms of service (“TOS”) apply to you and Novalink, address Sagdieva 80, 020000 Kokshetau, Republic of Kazakstan, (“Novalink”) regarding your use of Novalink´s games, websites, discussion forums, and related services (“Services“). Use of the Services is also governed by Novalink’s Privacy Policy, which is incorporated by reference.

For United States residents, these TOS contain a binding arbitration clause in Section “Binding Arbitration / Class Waiver” and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section “Binding Arbitration / Class Waiver”, you agree that any disputes arising between you and Novalink will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.

Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.

If you access the Services from a third-party platform such as Facebook or another social networking site, you agree to comply with the platform’s terms of service as well as these TOS.

Novalink may issue additional terms or policies related to individual Services or specific components of the Services (including, but not limited to, forums, contests, sweepstakes, or loyalty programs). Your right to use the Services is subject to such relevant terms and policies as well as these TOS.

Right to Use the Services

Subject to these TOS, Novalink hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

Except as set forth above, you do not receive any other license. Novalink retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, in each case whether registered or not and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Novalink’s prior written consent. Novalink reserves all rights not expressly granted to you herein.

The Services and their content are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Services, including, but not limited to, the Virtual Items appearing in or originating from the Services, whether earned in the Services or purchased from Novalink or its authorized partners.

Purchases in the Services

Novalink may license to you certain virtual goods or other content (e.g. in-game items or currency) which may be used within the Services and which you may purchase with “real world” money or earn or redeem through gameplay (“Virtual Items“). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.

Unless expressly authorized in the Services, you may only purchase Virtual Items from Novalink or its authorized partner and the transfer or sale of Virtual Items is prohibited.

Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither Novalink nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Novalink is not liable for hacking or loss of your Virtual Items.

Price and availability of Virtual Items are subject to change without notice.

All purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that Virtual Items are provided to you immediately upon purchase and that you forfeit any right to cancel or withdraw from the purchase once the process has commenced. Accordingly, you agree that Novalink is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary. The foregoing does not affect your rights under applicable law, including those you may have based on the legal guarantee of conformity described in Section “Disclaimer”.

If you ask for your personal data to be deleted as described in Novalink’s Privacy Policy, you will permanently forfeit all of your Virtual Items without the right to refund, as Novalink will no longer be able associate such Virtual Items with you.

Right of Withdrawal (if possible depending on the platform)

You may have the right to withdraw from these TOS within 14 days from the day you agreed to them. You may also have the right to withdraw from the purchase of a license to a Virtual Item or a Service within 14 days from purchase. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if you have consented to the Virtual Item or Service being fully provided to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.

To withdraw from these TOS, you must inform Novalink of your decision to withdraw and discontinue your use of the Services. To withdraw from the purchase of a license to a Virtual Item or a Service, you must inform the merchant of record, which may be either Novalink or its authorized partner through whom you made the purchase. Please note that Novalink is neither able nor required to fulfill your request to withdraw from a purchase where Novalink is not the merchant of record.

To inform Novalink of your decision to withdraw, you must send an equivocal statement of your decision by email to shumkovdmitriys@gmail.com. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.

If you withdraw from the purchase of a license to a Virtual Item or a Service, you are entitled to be reimbursed for the purchase without undue delay and in any event not later than 14 days from the day on which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment as you used for the initial payment, unless you have agreed otherwise. You will not incur any fees as a result of such reimbursement.

Code of Conduct

You agree that you will not, under any circumstances:

• Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services.
• Use the Services in violation of any applicable law or regulation.
• Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
• Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
• Disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
• Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Novalink, 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 Services.
• Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
• Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Novalink employees, directors, officers, and customer service representatives.
• 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 which impersonates any other person, including, but not limited to, a Novalink employee, director or officer.
• Unless specifically authorized by applicable law, attempt to decompile, reverse engineer, disassemble, or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Novalink, or to obtain any information from the Services using any method not expressly permitted by Novalink.
• Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
• Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
• 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 Services.
• Engage in any act that Novalink deems to conflict with the spirit or intent of the Services or make improper use of Novalink’s support services.

Accounts and Login Information

Certain elements of the Services may enable you to create an account or otherwise register with the Services (“Account”). You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information“).

You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information. Novalink is entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account or Login Information. You agree to compensate Novalink for any losses or harm that result from your failure to keep your Login Information confidential.

You agree that you have no ownership or property interest in or to any Account. Novalink reserves the right to delete your Account if Novalink observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.

User Contributions

The Services may allow you to create content, including, but not limited to, gameplay maps, game profiles, characters, items, screenshots or videos of your gameplay (collectively “User Contributions”).

In exchange for use of the Services, you hereby grant Novalink a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind. Where not expressly prohibited by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Novalink’s (including its licensees, successors, and assigns) and other players’ use and enjoyment of your User Contributions in connection with the Services and related goods and services. The foregoing grant of license to Novalink and waiver of any applicable moral rights survives any termination of these TOS.

Novalink and its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any kind (e.g. game or other product ideas, stories, screenplays, artwork, musical or audiovisual works, concepts or any other creative materials) in any format, by means of any transmission (“Unsolicited Content”). Please do not submit any Unsolicited Content to Novalink or its directors, officers, or employees. However, if you submit Unsolicited Content to us, you agree that such Unsolicited Content will not be treated as confidential, regardless of any statement to the contrary in the Unsolicited Content, any accompanying message, or elsewhere. You further agree that such Unsolicited Content may be used and exploited by Novalink without compensation to you or any third party and you grant Novalink a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Unsolicited Content in all current or future media for any purpose and to create derivative works based upon the Unsolicited Content.

User Interactions

Novalink assumes no responsibility for the conduct of other users of the Services or for monitoring the Services for inappropriate content or conduct. Novalink does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

By using the Services, you may be exposed to content or conduct that is offensive, indecent, or otherwise not in line with your values. Novalink may utilize technology to monitor and/or record your interactions with the Services or communications within the Services (including, but not limited to, chat text or voice communications). You irrevocably consent to such monitoring and recording and agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications. You understand that your User Contributions, communications within the Services, and/or your interactions with the Services may be displayed to or viewable by other users of the Services or the general public.

Novalink reserves the right at 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 Novalink chooses, at its sole discretion, to monitor the Services, Novalink nonetheless assumes no responsibility for content made available by users of the Services, and Novalink assumes no obligation to modify or remove any inappropriate content.

You acknowledge that Novalink is not a party to any dispute you may have with any other user(s) of the Services. Novalink has no obligation to become involved in any such dispute. You release Novalink and its subsidiaries (and Novalink’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders and employees) from all claims, demands, and damages related to any such dispute.

Suspension and Termination for your Breach

Without limiting any other remedies available to Novalink, if Novalink believes that you are in breach of these TOS, Novalink reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend, and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Virtual Items; (iv) reset and/or modify any game progression or benefits and privileges associated with you, such as any level or score you have reached in the Services.

Availability, Compatibility, and Changes to the Services

Novalink does not guarantee that the Services are available at all times or will continue to be available in the future. The Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or parts thereof may be designed to be available only for a limited time (e.g. when content is seasonal or early access is provided to a development version of a game), or their life cycle may be affected by technological developments or changes in consumer behavior. Accordingly, Novalink reserves the right to stop offering and/or supporting the Services or parts thereof (e.g. a game or a feature of a game) at any time, at which point your license to use the Services or such parts thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Novalink does not have to provide refunds for the Services or any Virtual Items. Where appropriate, Novalink will take reasonable measures to provide advance notice when any Services or parts thereof are discontinued. However, Novalink may limit, suspend or terminate the Services or parts thereof without notice, and take technical and legal steps to prevent you from accessing the Services, if Novalink believes you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these TOS.

The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Services are compatible with your device and its operating system. Generally, more information regarding compatibility requirements is available at the point of first use or download (e.g. in the relevant app store).

The Services are intended to evolve over time. Accordingly, Novalink may change, manage, modify, or update the Services or parts thereof (including, but not limited to, Virtual Items) from time to time. This may result in content or features being added, removed, or modified (e.g. gameplay modes or areas being added or removed or Virtual Items having their appearance or power altered). Novalink may, at its sole discretion, make any such changes as it believes to be necessary to maintain and improve the Services, including, but not limited to, introducing, modifying, or removing game content and features according to Novalink’s development roadmap, adapting to new technologies, reflecting changes to Novalink’s agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements. When changes are made to the Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Services or parts thereof (e.g. online play and features may only be available to those who are using the latest version of a game).

Disclaimer

To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances, or guarantees of any kind. The Services may have defects, and your use is solely at your risk. Novalink does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Novalink does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Novalink, its employees or other representatives constitute a warranty.

Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services. Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which Novalink may be liable for a lack of conformity that you discover: (i) within two years from any one-time supply of the Services (such as the supply of a Virtual Item); or (ii) at any time during any continuous supply of the Services.

Limitations of Liability

In no event will Novalink be liable for special, incidental, or consequential damages resulting from access, use or malfunction of the Services, 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 TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Novalink has been advised of the possibility of such damages. In no event will Novalink’s total aggregate liability arising out of or in connection with these TOS, the Privacy Policy, or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Virtual Items or Services; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Novalink and you. For purposes of this Section “Limitations of Liability,” Novalink’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.

Some jurisdictions do not allow certain limitations of liability such as those stated in this Section; thus, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability in this Section shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.

You agree to indemnify, defend and hold Novalink and its subsidiaries (and Novalink’s and its subsidiaries’ officers, directors, agents, joint ventures, shareholders 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 Services or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.

Copyright and DMCA

If you believe the Services or any of its content infringes your copyrights, please send a notice to: Novalink, CEO, Sagdieva 80, 020000 Kokshetau, Republic of Kazakstan or alternatively via email to: shumkovdmitriys@gmail.com. Notices sent to the specified address will reach Novalink’s registered DMCA agent.

Please include all of the following in your DMCA notice:

• Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
• Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable Novalink to locate the material.
• Provide your full legal name, mailing address, telephone number, and (if available) email address.

Include the following statement in the body of the DMCA notice:

“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by Novalink or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Novalink.

Third-party Products and Services

The Services may link to or otherwise make available third-party products or services, including, but not limited to, through third-party advertisements, connectivity to social media or community services, or gameplay recording or sharing services. These products and services are subject to the respective third party’s terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which Novalink is not a party. You understand that Novalink neither endorses nor makes any promises regarding the content, goods or services provided by such third parties. Novalink is not liable to you for any losses or harm caused by such third parties or any charges you incur in relation to such third parties. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand Novalink’s Privacy Policy does not apply to such data.

Changes to these TOS

Novalink may update these TOS from time to time in response to changing legal, technical or business developments. When Novalink updates these TOS, Novalink will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes made.

By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.

Governing Law

If you are a United States resident, these TOS are governed by the laws of the State of California and applicable federal laws regardless of conflict of law provisions.

If you are a resident outside the United States, you agree that all disputes between you and Novalink shall be governed by the laws of Republic of Kazakstan, regardless of conflict of law provisions. You agree that any claim or dispute you may file against Novalink must be resolved exclusively by a court located in Kokshetau, Republic of Kazakstan.

If the jurisdiction of your domicile prohibits Novalink from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.

General

Entire Agreement. These TOS set out the entire agreement between you and Novalink regarding the Services and supersede all earlier agreements and understandings between you and Novalink.

Assignment. Novalink may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these TOS. You may not assign or delegate any rights or obligations under these TOS without Novalink’s prior written consent, and any unauthorized assignment and delegation by you is void.

Severability. If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Novalink’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.

No Waiver. Any failure by Novalink to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of Novalink.

Contact Information. If you have any questions about these TOS, please contact shumkovdmitriys@gmail.com.

Additional Terms for Apple Users

In addition to the terms set forth above, the following terms apply if you are accessing the Services using devices by Apple Inc. (“Apple”).

You acknowledge and agree that these TOS are concluded between you and Novalink, not with Apple, and that Novalink, not Apple, is responsible for the Services and their content. The license granted to you under these TOS is subject to the permitted usage rules specified in the Apple App Store Terms of Service and any third-party terms of agreement therein. You must comply with any third-party terms and conditions that apply to your use of the Services.

Novalink, not Apple, is responsible to you for: (i) providing any relevant maintenance or support for the Services in accordance with these TOS; and (ii) addressing any claims you may have regarding the Services, including product liability claims, any claim that the Services fail to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar laws. If the Services fail to conform to the warranties or other conditions set forth in these TOS or applicable law, you may notify Apple, after which Apple may refund the purchase price (if any) for the relevant Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services.

In the event of any third-party claim that the Services or your possession and use of the Services infringes a third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries to these TOS. Upon your acceptance of these TOS, you agree that Apple has the right to enforce these TOS against you as a third-party beneficiary.