Last updated: 27.04.2022

The terms of this agreement (“Terms of Service”) govern the relationship between you (“you” or “user”) and Alexey Filatov residing at Shabolovka 31G, 115162 Moscow, Russia (hereinafter “Developer” or “us” or “we”), regarding your use of Developer’s games, mobile applications, game portals, game forums, chat rooms of the games and other related services provided by Developer on any website, platform and/or application (the “Service”). Use of the Service is also governed by Privacy Policy (available at https://svn.prod.whalekit.live/voo-live/legal/VOO_Privacy.htm ), which is incorporated herein by reference, as well as other agreements and terms in respect of certain Service (if any).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Only natural persons are entitled to download/acquire/use the Service.

By registering for, accessing, browsing, downloading, installing, or otherwise using any Service, the User:

(A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of these Terms of Service, as well as the conditions of other relevant agreements and regulations and guarantees that he/she will observe them during the entire use of the Service;

(B) acknowledges and agrees that he/she has independently evaluated the desirability of using the Service and is not relying on any representation, guarantee, or statement other than as expressly set forth herein;

(C) represents and warrants that he/she is lawfully able to enter into contracts (e.g. the User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of these Terms of Service with the help of his parents/legal guardians. Developer recommends parents or guardians to monitor their children's online activities. To protect children’s privacy, Developer advises parents or guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. Developer reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. Developer reserves the right to ask for written proof of parental consent for any User or potential User suspected to be a minor. In all cases, utilization of the Service by minors must take place under the responsibility of their parents or legal guardians and any use is assumed to have been validated by them; and

(D) represents and warrants that he/she is not accessing the Service through a VPN or similar tools.

Otherwise, installation or other use of the Service is prohibited.

IN THE EVENT THAT YOU, IN ACCORDANCE WITH THE LAWS OF YOUR STATE, ARE PROHIBITED TO USE THE SERVICE OR PORTIONS THEREOF OR THERE ARE OTHER LEGAL RESTRICTIONS, YOU DO NOT HAVE THE RIGHT TO USE THE SERVICE. IN SUCH A CASE, YOU WILL BE SOLELY RESPONSIBLE FOR THE USE OF THE SERVICE OR THE RELEVANT PART OF IT ON THE TERRITORY OF YOUR STATE IN VIOLATION OF THE RELEVANT LEGISLATION.

The Service is also not available to any users previously suspended or removed from the Service by Developer.

If you access the Service from any third party platform providers, such as social networks or Apple and Google, from whom you download the Service, you shall comply with its terms of service/use as well as these Terms of Service.

Please note that the Service may offer services and software of the partners of Developer, the use of which shall be governed by separate agreements with these partners of Developer.

1. YOUR ACCOUNT

You can use Service without creation of any account. However, in this case you should acknowledge that you are solely responsible for the saving of your game process in the Service. In order to save your game process you are strongly recommended to attach your game profile to your account on the relevant platform from which you access the Service (for example, Game Center (for iOS) and Google Play (for Android), Steam, etc.) (“Account”). Thus, for accessing of the Service you shall enter your login and password (“Login Information”) from the relevant Platform.

Your Account is for your personal, non-commercial use. You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorized by you. You are responsible for anything that happens through your Account. Developer will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Developer and modify your Login Information. In the absence of such promptly notification we cannot guarantee the safety of you Service progress.

2. LIMITED LICENSE TO USE THE SERVICE

From the moment of acceptance of these Terms of Service, Developer grants to you personal, non-transferable, non-sublicensable, non-exclusive, non-assignable revocable limited license subject to the limitations below to access and use the Service for your own personal and non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

Unless otherwise specified by Developer, you are not permitted to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Service or any its part.

All rights not expressly granted in these Terms of Use are reserved.

3. LICENSE RESTRICTIONS

Using the Service, You agree to comply with the following license restrictions when you access or use the Service:

· You will not attempt to obtain Login Information or access another user’s account or collect or harvest personal information from other users;

· You will not exploit, distribute or publicly inform other users of any Service error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology;

· You will not improperly use our support services, including by submitting false reports as well as you will not distribute any messages received by you from our support services;

· You will not harass, threaten or bully any other users, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person;

· You will not use the Service for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Service Content for sale;

· You shall not sell, purchase, exchange, transfer, give as a gift, your Account as well as spread the information about any intention to perform above;

· You will not use the Service for performing services for payment, such as leveling up or item collection services;

· You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service experience;

· You will not remove or obscure any proprietary notices within the Service;

· You will not disrupt or attempt to disrupt the Service or any other person’s use or enjoyment of the Service;

· You will not attempt to gain unauthorized access to the Service, to accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service;

· You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from the Service or that is in transit from or to the Service;

· You will not make any automated use the Service, or take any action that imposes an unreasonable burden on our infrastructure;

· You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data from the Service;

· Except where permitted by law or relevant open source licenses, you will not alter, merge, adapt, translate into other languages, modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Service or in any way change the Service or any of its components;

· You will not copy, modify or distribute In-Service Content from the Service except as specifically authorized by us;

· You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft

· You are expressly prohibited to sublicense, rent, lease, transfer, resell, gift, exchange, distribute, or otherwise use the Service or its copies and you Account as well as disseminate of information about the intention to perform the actions listed above by you or any third parties;

· You are expressly prohibited to create derivative works based on the Service;

· You are expressly prohibited to remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Service;

· You are expressly prohibited to use the Service in any manner that could interfere with, disrupt, negatively affect, or reasonably inhibit other users from fully enjoy the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner;

· You are expressly prohibited to use the Service in any way that breaches these Terms of Service, including any applicable local, national, or international law, or any other regulations and policies;

· You are expressly prohibited to use the Service for any purpose or in any manner that Developer considers as a breach of these Terms of Service.

You are prohibited from using as the name of the game character, name of the game clan or other group, as well as the name of another user at the forum the following designations:

· offensive or coarse terms, inciting ethnic discord and discrimination, words and phrases which include curses and expletives in any language, executed with letters of any alphabet;

· proper names and other words and phrases used in religions or cults, which may cause insult of the feelings of believers (use in the name of the game clans and the game groups such common religious concepts (except for proper names) as "paradise", "hell", "angel", "devil", "voodoo", etc. is not prohibited. For example, the clan name of the group like "Team of devils" or "Voodoo dolls" corresponds to these Terms of Service);

· names of historical figures and politicians;

· words and phrases that are directly or indirectly related to drugs, ways of their preparation, use and acquisition;

· words and phrases which can mislead other users as to that the user, registered under such name, is a representative of Developer or otherwise has direct or indirect relation to it, or has any rights of administration of the Service;

· unpronounceable letter combinations;

· words and phrases that contain advertisement of goods and services, including any domain names and trademarks;

· words and phrases that violate the rights of third parties (including but not limited to intellectual property rights) or the requirements of applicable law.

4. LIABILITY FOR VIOLATION OF THESE TERMS OF SERVICE

Developer shall have the right to apply to you, in case of violation of these Terms of Service, the following types of sanction depending on the extent of the violation committed by you on the game process and other users:

· issuance of a warning in any form, including via e-mail;

· suspension of access to the Service for a definite or indefinite term;

· restriction of use of the game chats and forums for a definite or indefinite term;

· restriction of a part of the game functionality or possibilities of the game character for a definite or indefinite term;

· forced renaming of the game character, community of users or the game object;

· withdrawal of the in-game currency and/or the in-game valuables;

· restriction, suspension or termination of access to your game character or to the Account;

· a change in the values of achievements and parameters of development of your game character;

· removal of the game character or of the Account without possibility of restoration.

You are not allowed to register any new Account in case of violation of these Terms of Services by you. In this case, Developer reserves the right to apply any of the foregoing sanctions to any or all your Accounts.

5. PURCHASE TERMS

You acknowledge that you may access and/or download some Services for free, and while there may be additional content or services available for purchase within some Services (in-app purchases).

You may purchase in the Service, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency” available in the Service; (b) “virtual in-game items” (together with “virtual currency”, “In-Service Content”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase In-Service Content from us or our authorized partners through the Service, and not in any other way. All fees payable for In-Service Content are non-refundable. All in-game sales are final. The In-Service Content is not subject to return or exchange unless it is otherwise provided herein. By purchasing the In-Service Content, as well as exchanging the virtual currency for the virtual in-game items, you understand and agree that (i) your access to the Service may be terminated according to these Terms of Service, and/or (ii) Developer may manage, regulate, control, modify or eliminate In-Service Content and/or Merchandise at any time, with or without notice, as well as the Service may be discontinued at any time for any reason, and that such events do not give rise to your right to receive a refund of any sums paid for any used or unused Service, virtual currency, other In-Service Content and/or Merchandise.

Developer shall have no liability to you or any third party in the event that Developer exercises any such rights.

IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SERVICE.

The transfer of In-Service Content and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer In-Service Content or Merchandise to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of your right to access to the Services.

The provision of In-Service Content for use in the Service is a service provided by Developer that commences immediately upon acceptance by Developer of your purchase.

In the event that you receive paid In-Service Content without payment and / or incomplete payment, and / or virtual currency is not debited from your Account to pay for such paid In-Service Content as a result of a technical error or a Service failure or a conscious user action, you are obliged to inform Developer of this fact.

6. USER CONTENT

By transmitting or submitting any communications, images, sounds, and all the material, data, information or any chat text through the Service or any suggestions for enhancement or feedback regarding the Service, or any feedback that Developer receives from you within public/close tests or surveys, including those submitted through Developer’s applications (“User Content”) you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Developer in accordance with its Privacy Policy; (e) you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Service without compensation to you; to the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).

Developer reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. Developer assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Developer does not, and cannot, pre-screen or monitor all User Content.

Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives 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 entering into these Terms of Service, you hereby provide 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. If at any time Developer chooses, in its sole discretion, to monitor the Service, Developer nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Developer has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.

7. USER INTERACTIONS

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Developer reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Developer to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Developer access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

8. OWNERSHIP

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a the Service and server software) are owned by Developer. Developer reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

9. UPDATES AND MODIFICATIONS

In order to improve the Service, Developer reserves the right to introduce automatic updates and modifications into the Service (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Service, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Service and the rules of these Terms of Service shall apply to such updates.

You also agree that Developer may require you to accept and download updates for further use or access to the Service when it is necessary for proper functioning of the Service.

Developer may modify functions and informational contents of the Service at any time at its own discretion without additional notice to you.

These Terms of Service apply to any automatic updates (additions, modifications) to the Service that are introduced by Developer by means of the Internet and which are not accompanied by a separate license or other agreement.

10. WARRANTY DISCLAIMER

IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. DEVELOPER WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.

DEVELOPER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.

DEVELOPER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. DEVELOPER DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. DEVELOPER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. DEVELOPER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DEVELOPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DEVELOPER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. DEVELOPER WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR USE OF DEVELOPER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. DEVELOPER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. DEVELOPER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. LIMITATION OF LIABILITY

IF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

DEVELOPER COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.

NEVERTHELESS, DEVELOPER’S LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.

IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER DEVELOPER NOR ITS LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE GAME BY THE USER.

DEVELOPER SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING OR LAUNCHING THE GAME ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE GAME. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. DEVELOPER SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.

IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, DEVELOPER'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.

12. APPLICABLE LAW, JURISDICTION

These Terms shall be governed and construed by the law of England and Wales. All disputes arising out of or in connection with these Terms of Service shall be resolved by means of correspondence and negotiations without recourse to a court.

In the case that you and Developer fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the place of location of Developer unless otherwise expressly provided by applicable law.

If you reside in France, these Terms of Use are subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.

In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.

13. DATA AND INFORMATION SECURITY

Personal data protection rules of Developer are available on the website https://svn.prod.whalekit.live/voo-live/legal/VOO_ToU.htm .

Developer is very concerned about the protection of personal data. The personal data collected by Developer in the context of the present document will be subject to automated processing in accordance with applicable law. All information collected as part of the provision of the service is recorded by Developer, which is data controller. It is essential for the operation of the services offered by Developer.

In order to exercise one or more of your rights, you must provide proof of identity and contact via Service Support at support@whalekit.ru).

In the event of a complaint, it is possible to contact the authority of your country of residence. If you reside in France, you may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on www.bloctel.fr. You can also contact CNIL at www.cnil.fr.

The information submitted by you in any way is to be accurate.

Although Developer does its very best uses reasonable efforts to ensure the confidentiality of the data information and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, you understand that no security measures are perfect and that they can be circumvented.

You understand and acknowledge that, even after deletion of data and the User Content provided by you, such data or User Content may remain accessible in the cache or Web archives, as well as in the search results of search engines, and may also be available to other persons if other users have copied and stored your data or User Content.

Developer cannot control the actions of other users with whom you want to share your account data (login and password). Therefore, Developer cannot warrant that any User Content that the User posts in the Service will not be available for viewing by unauthorised persons.

The information provided by you is used by Developer and/or its partners/service providers in accordance with the Privacy Policy available at https://svn.prod.whalekit.live/voo-live/legal/VOO_Privacy.htm

14. YOUR HEALTH

The following precautions should be taken by you:

• Avoid playing if tired or short of sleep;

• Play at good distance from the screen;

• Play in a lit room and moderate the brightness of the screen;

• Take breaks of ten (10) to fifteen (15) minute every hour.

WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; DEVELOPER HIGHLY RECOMMENDS YOU TO CONSULT YOUR DOCTOR BEFORE ANY USE. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, YOU MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR USERS’ PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.

15. MISCELLANEOUS

(a) Term and Termination. These Terms of Service are effective from the moment when you first download, install, or otherwise use the Service. These Terms of Service remain valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. Both parties have an ordinary right to terminate these Terms of Service at any time with immediate effect. Ordinary termination does not require any reasons to be given. In particular, but not exclusively, Developer has the right to terminate these Terms of Service with you, if you violate laws, or breaching these Terms of Service or the particular Services rules. You may terminate these Terms of Service at any time by deleting the Service from your device (applicable for mobile applications) or by stopping access to the certain Service.

In case of termination of these Terms of Service, Sections 6, 8, 10, 11, 12 shall remain in force.

(b) Assignment. Developer may at its own discretion at any time assign and/or delegate its rights and obligations under this Terms of Service or any part of them to any third party without notice to you. You may not assign these Terms of Use in whole or in part to any person or entity without Developer’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

(c) You hereby understand, accept and agree that any Service may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and you hereby guarantee that you do not suffer such disorders, or you will not use a Service. You accept and agree that regular long-term (continuous) usage of the personal computer or device can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that you will use any Service only for a reasonable time, with breaks for rest and that you will take other measures prescribed by your doctor.

(d) These Terms of Service and related documents, unless otherwise stipulated within the Terms of Service, constitute full agreement of the Parties regarding use of the Service by you and substitute any previous oral and written agreements or oral and written agreements that are simultaneous with the making of these Terms of Service regarding the subject hereof that are united in these Terms of Service.

(e) If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms of Service will remain in full force and effect.

(f) Developer reserves the right to revise these Terms of Service or any related documents at any time by updating on the website located https://svn.prod.whalekit.live/voo-live/legal/VOO_ToU.htm (“Website”) or by notifying you or by any other means available. The revised Terms of Service or related documents come into force on the date on which it is published.

YOU ARE ADVISED TO CHECK THE WEBSITE PERIODICALLY FOR NOTICES CONCERNING SUCH REVISIONS. YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF ANY REVISED TERMS.

Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.

On all issues related to these Terms of Service, please use the e-mail address support@whalekit.ru.