TERMS OF SERVICE
In order for us to provide you with our games and other services to the full extent and in accordance with their purpose ("Services"), it is important for us that we have a set of legal principles and rules so that each party to this Agreement can ensure that the rights of each are respected, and that we do our best to protect the rights of Users and your personal privacy.
By using the Services, you represent, warrant and undertake that:
- You are 18 years of age or older, or if you are a minor over thirteen (13) years of age, you have obtained the consent of your parent or guardian to use the Service in accordance with this Agreement;
- Your use of the Services does not violate any applicable laws, rules or statutory provisions;
- All registration information that you provide to Us is true and accurate and you agree to maintain and promptly update the accuracy of this information. If You provide incorrect, inaccurate, outdated or incomplete information, or We suspect that the information You provide is false, inaccurate, outdated or incomplete, We have the right to suspend or terminate Your registration (in whole or in part) and deny You current or future use Services (or any part of them) at our sole discretion. If you reside outside the United States of America (“USA”), you also acknowledge and agree that the Services are provided solely in accordance with the laws of the United States, and the laws of the United States may differ from the specific laws of your (their) jurisdictions). Please ensure that you are familiar with and agree to these differences (if any) before accessing and using the Services.
We may change this Agreement from time to time and at any time, without notice to you, at our sole discretion, and each such change will be effective upon posting of the updated Agreement in place of the current version. We encourage you to check this User Agreement regularly to be aware of the current and latest rights and obligations of the parties that apply to you.
This Agreement may not be revised otherwise than in writing signed by You and Us. In this case, "writing" does not include an email message, and a signature does not include an electronic signature.
If at any time you fail to comply with this Agreement, Massive Richard Ltd's rules or codes of conduct relating to your use of the Services, your license to use the Services will immediately terminate and you must immediately stop using the Services.
Subject to your acceptance of and continued compliance with this Agreement and any other applicable Massive Richard Ltd policies, terms, conditions or rules, Massive Richard Ltd grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations set forth herein. access and use the Services using a supported web browser or mobile device solely for Your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
You may "earn", "purchase" or "purchase" virtual currency, including but not limited to virtual coins, cash, tokens or points, to be used in connection with the Services; or virtual in-game items (together with virtual currency "Virtual Items"); these real world terms are only used as shorthand for identifying these Virtual Items. You do not actually "own" Virtual Items, and the amounts of any Virtual Items do not refer to any financial balance in real currency or its equivalent. Instead, you may purchase a limited license to use the Services, including software that appears to be financial instruments listed above from time to time. The purchase and sale of the limited license referred to in this Agreement is a completed transaction upon receipt of your direct payment or the redemption of a third party virtual currency that we accept. Any "virtual currency" balance displayed in your Account does not represent an actual financial balance or reflect any tangible value, but instead is a measure of the extent of your license.
You are solely responsible for your conduct, your use of the Services, and for any content you create in your use of the Services. There are a number of restrictions on how you behave when you use the services provided by Us. These restrictions are intended to make the use of the Services a pleasant and enjoyable experience for all Users. Please review the restrictions below that govern your use of the Services:
You must not create a user account or access the Services if you are under the age of 13. You must monitor your user account, restricting its use to minors, and you must prevent access to the account by children under the age of thirteen (13). You accept full responsibility for any unauthorized use of the Services by minors under your account. You are responsible for any use of your credit card or other payment instrument, or purchase of any Virtual Items by minors. You must not have more than one user account on each platform at a time, and you must not create an account using a false name or other personal information, or on behalf of another person. You must not create a user account or use Our Services if you have been convicted of a sex offence. You must not re-create a user account or use Our services if your profile has previously been deleted by Massive Richard Ltd or you have been banned from playing any of our games. You must not use Our Services if you are located in a country embargoed by the United States, the European Union, or if you are on the US Treasury's list of Specially Designated Citizens. You must use your user account for non-commercial purposes only.
You must not use your user account for commercial advertising, including chain letters, email newsletters, or repetitive messages (spam). You must not use your account to engage in any illegal activities. You must not sublicense, rent, sell, trade, gift, bequeath or otherwise transfer your user account or any virtual items associated with your user account to anyone without our prior written permission. You must not access or use a user account or virtual items that have been sublicensed, rented, sold, traded, gifted, bequeathed or otherwise transferred from the original user account creator without our prior written permission. If you access or use the Services in a manner that interacts with any third party platforms or social media, you must comply with such third party user agreements as well as this Agreement. You must not advertise, distribute or otherwise make publicly available any software or code that could be used to modify the services provided to you without our knowledge or circumvent any security measures we have in place for Our Services.
By accepting this User Agreement, you:
You agree that under no circumstances will you engage in any activity that Massive Richard Ltd deems to be inconsistent with the spirit or purpose of its Services, including bypassing or manipulating this Agreement, our game rules, game mechanics or policies;
You agree that under no circumstances will you:
- use cheats, exploits, automation software, bots, hacks, mods or any other third party software not authorized by us, designed to interfere with the services provided or any gameplay;
- use the services to develop/help develop cheats, automation software, bots, hacks, mods or any other third party software not authorized by Us intended to interfere with the services provided or any gameplay;
- change / initiate the change of any files that are part of the services we provide without our express written consent;
- disrupt, overburden, or contribute to disrupt/overload (1) any computer or server used to provide or support gaming environment services (each a "server"); or (2) enable any other person to use any of Our games in a similar manner;
- organize/participate in any type of attack, including spreading viruses, denial-of-service attacks against Our services, or otherwise attempting to disrupt the services or enable any other person to similarly use the services;
- attempt to gain unauthorized access to the services, accounts of others, or their computers, servers or networks connected to Our services, by any means other than the user interface provided by us, including also circumventing/modifying or attempting to bypass/modify, or or assist any to another person by circumventing/changing any security protocol, technology, or software that is part of the Services.
You agree that under no circumstances will you:
- publish any information that is offensive, threatening, obscene, slanderous, or offensive in a racial, sexual, religious or other sphere;
- post any information containing images of a nudity, excessive violence, other offensive materials, or containing a link to such content;
- stalk, abuse or harm, or incite to harass, abuse or harm another person/group of people, including our employees and/or customer service representatives;
- provide through Our Services any material or information that infringes anyone's copyright, trademark, patent, trade secret, right of privacy, right of publicity or other rights of any person or entity, and impersonate another person , including also Employees of Massive Richard Ltd.
You agree that under no circumstances will you:
- use without our express written consent the provided Services (or any part thereof) for commercial purposes, including also:
- distribution or promotion of any commercial advertising;
- collection or transfer of virtual items for sale;
- use the Services (or any part thereof) to provide in-game services (for example, leveling up and collecting items in exchange for payment outside the service);
- send unauthorized communications through the Services, including spam, chain letters, spam, and any material that promotes malware, spyware, or other downloadable items.
You agree that under no circumstances will you:
- interfere with the proper functioning of the services, as well as connect to the services or use them in any way not expressly permitted by these terms;
- use any unauthorized third party software that accesses, intercepts, "mines" or otherwise collects information from the company's services, including also any software that reads areas of RAM or network traffic streams used by Our Services to store information about game characters , elements of the game or the environment in it. We may, in turn, at our sole discretion, allow the use of certain third party user interfaces;
- intercept, examine or otherwise monitor any communication protocol used by users, the Server, or the Services using network analyzers, packet sniffers or other devices;
- use the system in an automated manner or take any action that creates or may create (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (v) circumvent any robot exclusion headers or other measures we use to restrict access to the Services or use of any software/technology/device to send, search for, scan, circumvent the use of the Services, or collect or manipulate data, content or communications;
- use, facilitate, create or maintain any unauthorized connection to the Services, including:
- any connection to any unauthorized server that emulates or attempts to emulate any part of the Services;
- any connection using programs, tools or software not expressly approved by Massive Richard Ltd;
- except as permitted by law or applicable open source licenses, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive source code for any underlying software or other intellectual property used to provide the Services, or to obtaining any information about the Service using any method not expressly authorized by Massive Richard Ltd;
- copy, modify or distribute the rights or content from any website or game of Massive Richard Ltd, thereby infringing copyrights and/or trademarks, or use any method to copy or distribute the content of the Services, except as specifically permitted in present conditions.
You agree that under no circumstances will you:
- request personal information from other users of the Services;
- collect or publish anyone's personal information, including personal data (whether in the form of text, image or video), identification documents, or someone else's financial information through Our Services;
- upload/transmit or attempt to upload/transmit without our express permission any material that acts as a passive or active mechanism for collecting or transmitting information, including, but not limited to, graphic image interchange formats ("gif"), blank pixels (1×1 ), web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive data collection mechanisms" or "pcms").
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates or is suspected of violating this section, including also reporting you to law enforcement. In addition, you acknowledge and agree that we may access, store and disclose your account and registration information, and any other content or information if required to do so by law or if we believe that such access, retention or disclosure is reasonably necessary to:
- compliance with the judicial process;
- enforcement of this User Agreement;
- responding to claims that certain content or information infringes the rights of any third party;
- responding to your requests for customer or technical services;
- protect the rights, property or personal safety of Massive Richard Ltd, its users or any third parties.
Massive Richard Ltd is the sole and entire owner of all rights, title and interest in and to the Services and all content contained in and/or available on, through or in connection with the Services (“Content”) (excluding Content) created by Users, as described in more detail below), and all such Content is protected, without limitation, in accordance with U.S. federal treaties, state laws, European laws, and other applicable laws, rules, regulations.
The term "Content" includes, but is not limited to, all games, titles, videos (and sound recordings contained therein), illustrations, photographs, animations, graphics, logos, copies, lyrics, other texts, themes, objects, characters, their names , stories, storylines, dialogue, sound recordings, musical compositions, audiovisual effects, working methods, moral rights, documentation, in-game chat transcripts, character information, game recordings, game client and server, slogans, concepts, computer code, data, user interfaces, visual interfaces, information, materials and all other elements of the Services that are copyrighted or otherwise protected by law, including, but not limited to, the design, appearance of the interface, the arrangement of the Services and the specialized website, and all copyrights that apply to them rights, trademarks, service marks, trade names, trade dress, patent rights, rights in databases and/or other intellectual property personal property and/or proprietary rights (including rights in relation to any content contained in and/or available in any advertising or information presented to you through the Services). Unless the context clearly requires otherwise, or we expressly state otherwise in writing, the term "Services" also includes "Content".
Except as expressly provided herein, you may not use Massive Richard Ltd's name, trademarks, service marks, or any other intellectual property rights owned by Massive Richard Ltd in any way to imply an association, affiliation, or endorsement by Massive Richard Ltd regarding your actions, without the express prior written consent of Massive Richard Ltd, which the company may withhold in its sole discretion.
The Services shall be used by you solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose. You must not alter, remove, or obscure any copyright, trademark, service mark, or other notices contained in any of the Services, including, without limitation, notices for any Content that you transmit, display, print, broadcast, or reproduce. using the Services. Except as expressly permitted by Us (for example, Services that allow the use of embedded or “viral” features, etc.), you must not commit yourself and/or allow a third party (regardless of whether the act was performed in your interest , or otherwise) reproduce, modify, create derivative works of, display, perform, publish, provide, broadcast and distribute to any third party (including also postings on or through a third party website or platform) or otherwise any Content without express prior written consent of Massive Richard Ltd.
Any unauthorized or prohibited use of any Content may result in civil liability, criminal prosecution, or both under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. We require users to respect our copyrights, trademarks and other intellectual property rights and will actively enforce such rights to the fullest extent of the law, including initiating criminal prosecution. We also respect the intellectual property of others. If you believe that the Services contain items that infringe your copyright, please follow the procedures below.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership rights or other proprietary interests in and to the Account, and acknowledge and agree that all rights in and to the Account are owned and forever will remain the property of Massive Richard Ltd. As a general rule, game or other accounts created with Massive Richard Ltd will be considered active until we receive a user request to deactivate or delete them; however, we reserve the right to terminate any account that is inactive for 180 days.
Massive Richard Ltd owns, licenses or otherwise has rights to use all content that appears on the Services. Notwithstanding anything to the contrary herein, you agree that you have no ownership interest in any content that appears on the Services, including Virtual Items that appear or appear in any Massive Richard Ltd game, whether or not they are "earned" during the passage of the game
or "purchased" from Massive Richard Ltd, or any other in-game attributes associated with a User's account or stored on the Services.
Massive Richard Ltde prohibits and does not condone any purported transfer of Virtual Items made outside of the Services, or the purported "real world" sale, gift or exchange of anything that appears or occurs on the Services, unless otherwise expressly authorized by the company in writing. Accordingly, you may not sublicense, trade, sell/attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for any tangible value outside of the game, without express written permission from Massive Richard Ltd. Any such transfer/attempted transfer is prohibited and void and will result in the termination of your User account.
"User Content" means any messages, images, sounds and all materials, data and information that you upload or transmit through the Massive Richard Ltd game client or the Services, or that other users upload or transmit, including any chat text. By transmitting or submitting any User Content while using the Services, you acknowledge, represent and warrant that such transmission or submission:
- is accurate and not confidential;
- does not violate any applicable laws, contractual restrictions or other rights of third parties, and that you have permission from any third party whose personal information or intellectual property is contained in the User Content;
- does not contain viruses, adware, spyware, worms or other malicious code;
You own your User Content. You hereby grant Massive Richard Ltd and its affiliates a perpetual and irrevocable (except as noted below), worldwide, fully paid-up and royalty-free, non-exclusive, unrestricted license, including the right to sublicense and transfer to third parties, and the right to copy, reproduce, correct , adapt, modify, improve, translate, reformat, create derivative works, manufacture, put into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, publicly display, publicly perform or provide access to an electronic broadcast, communicate to the public by telecommunications, display, perform, computerize, and use and practice in any way now known or discovered in the future, your User Content, and all modified and derivatives thereof in connection with by Us Services, including their marketing and advertising. However, you understand and agree that deleted content may remain backed up for a reasonable period of time.
Publications and user activity
The Services may allow you and other Users to participate in blogs, web communities and other communication, messaging and commenting features, and may allow you to send, post, email, display, transmit or otherwise make available photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages and other information when using the Services (each a "User Posting" and collectively a "User Posting"). When you submit User Posts, you may also be asked to provide information about you and your post. This may include, but is not limited to, information such as your user ID, title, User Posting information, your location, and/or similar information. By submitting User Postings, you agree that the term "User Postings" also includes/refers to all information that you submit and/or that We may receive in connection with any of your User Postings.
You understand, acknowledge and agree that the responsibility for all User Postings lies solely with the person from whom such Postings originate. This means that you are solely and entirely responsible for the consequences of all Submissions that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not represent the views of Massive Richard Ltd and you understand that by using the Services, you may be exposed to other people's Postings that may be offensive, obscene or objectionable and therefore We cannot guarantee the accuracy, integrity, quality or content of any Publications of Users. Under no circumstances shall We be liable in any way for User Postings, including, but not limited to, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of the submitted, uploaded, published User Postings that have been posted, emailed, displayed, transmitted or otherwise made available.
The Services, including but not limited to all functionality of User Postings, are for non-commercial purposes only, and you may not send, post, email, display, transmit or otherwise make available any User Posting that we consider to be an Unauthorized Posting (as defined below). We have the right, but not the obligation, to review any User Posting and remove, move, edit or reject without notice to you, for any reason or no reason whatsoever, in relation to any User Posting, including also any Unauthorized Postings; however, We shall have no obligation or liability to You or any third party for failure to comply with this requirement or for its performance in any particular manner. As used herein, "Unauthorized Posting" means any User Posting that is or may be construed as violating any of the provisions of this User Agreement, including this section, or is deemed inappropriate by Massive Richard Ltd, as determined in Our sole discretion.
In connection with all User Submissions that you submit, post, email, display, transmit or otherwise make available, you grant Massive Richard Ltd unlimited, unconditional, unrestricted, worldwide, non-exclusive, irrevocable, perpetual and royalty-free rights – free rights to license, authorize and post in any form or format on or through any medium, as well as with the help of any technologies or devices currently known or developed and / or discovered in the future, in whole or in part, for posting, caching, storing, maintaining, using, reproducing, distributing, displaying, displaying, performing, publishing, broadcasting, transmitting, modifying, preparing derivative works of, adapting, reformatting, translating and otherwise exploiting all or any part of your User Submissions in connection with the Services, and on any other websites sites, channels and other distribution platforms now existing or developed in the future, for any purpose (including, without limitation, any advertising purposes) without notice, notice, or other obligation to you, and you grant Us the right to license and sublicense and allow others to exercise any rights granted to us under this Agreement in Our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in this User Agreement and granted by Massive Richard Ltd are effective immediately upon submission of your User Submission and continue indefinitely and indefinitely whether or not you use the Services as a registered User. or not. These rights remain in effect even after your User Posting is deleted.
Massive Richard Ltd does not acquire any ownership rights in User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you will continue to retain any such rights applicable to you with respect to the User Posting, subject to the rights, licenses and privileges granted to you by here. You further represent, warrant and undertake that:
- you are the owner of the User Publication posted by you or otherwise authorized to grant the rights, licenses and privileges described in this Agreement, and you agree to comply with and comply with all requirements set forth in this document;
- sending, downloading, posting, emailing, displaying, transmitting and/or making available User Postings by you does not violate this Agreement, any rights of any other party or entity, any of your obligations, any law, rule or regulation and do not violate, misappropriate any intellectual property, other property, privacy, moral, public or other rights of any party or entity; you are not a minor and you have the legal right and ability to enter into this Agreement and to comply with and comply with all of its terms and conditions or, if you are a minor over thirteen (13) years of age, your parent or legal guardian has agreed to this Agreement on your behalf;
- you own and will continue to own all title, license, interest and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement, and you must pay all royalties, fees and any other monetary payments to any person or entity due to obligations relating to your User Postings.
- You agree that others may send us User Posts, post, create, submit, or develop materials that are similar or identical to all or part of your User Posts or the concepts contained therein. You also understand and agree that you are not entitled to any compensation in connection with their use or exploitation, and the sending of User Publications or any publication or display of them does not constitute recognition of their novelty, priority or originality. Even if you later see or learn about a presentation, sound recording, composition, demonstration, idea, script, drawing, motion picture, photograph, clip, video or any other content that appears to include any idea or concept or includes anything similar or identical to that contained in any of the User Posts you or anyone else submits, which is purely coincidental and unavoidable.
Your information and the content of all your online communications (including, but not limited to, chat text, voice messages, IP addresses, and your personal information) may be accessed and monitored as necessary to provide the Services and may be disclosed if:
- when we believe that we are required to provide this information in response to legal process (for example, a court order, search warrant or subpoena);
- to comply with any applicable laws or regulations;
- if we believe that the Services are being used to commit a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection and credit risk reduction;
- when We have reason to believe that an emergency situation has arisen that poses a threat to the health and/or safety of you, another person or the public at large;
- to protect the rights or property of Massive Richard Ltd, including to enforce our Agreements. By accepting this Agreement, you hereby give your irrevocable consent to such monitoring, access and disclosure of information.
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or games. Massive Richard Ltd reserves the right, but has no obligation in connection therewith, to take part in such disputes in any way.
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 from or in any way related to such disputes, including damages in connection with lost profits, goodwill, use of data.
Account and password
In order to access and use certain content, features, functionality and/or Services, we will require you to register with the Services and have a unique username and password combination (collectively referred to as a "User ID"). If you choose to become a registered user of the Services, you are responsible for maintaining the strict confidentiality of your User ID, and for any access to or use of the Services by you or any person or entity using your User ID, whether or not such access or use is authorized by you or on your behalf, and whether such person or entity is your employee or agent. By accepting this Agreement, you agree to:
- notify Us immediately of any unauthorized use of your User ID or account or any other breach of security;
- ensure that you log out of your account at the end of each session. You are solely responsible for:
- control the distribution and use of your User ID;
- control access to your account;
- cancellation of your account to use the Services.
We reserve the right to deny access, use and registration to any User of the Services if we believe that there is a question about the identity of a person attempting to access any account or element of the Services. We are not responsible for any loss or damage resulting from your failure to comply with the provisions of this Section.
Orders and purchases of goods and services
As part of the Services and your use of the Services, you may purchase for "real" money a license to use Virtual Items and/or other goods or services. The purchase or purchase of third party virtual currency to obtain a license to use Virtual Items is non-refundable.
You may license Virtual Items by visiting the purchase page in one of our games, providing your payment information, confirming your purchase details, and confirming your acceptance of this Agreement. When you purchase a license for Virtual Items through our Services, We may send you a confirmation email containing information about the items you ordered. Please check the confirmation e-mail for accuracy as soon as possible and keep a copy for yourself. Massive Richard Ltd maintains transaction records in order to process any subsequent requests. If you purchase third party virtual currency, you agree to such third party's payment terms and agree that Massive Richard Ltd is not a party to the transaction.
In connection with the use of Virtual Items, your order will be an offer to purchase a license for the applicable Services, which will be accepted by Us at the time We make the Virtual Items available in your account for use in Our games or upon debiting your credit card or account, whichever comes first.
Your license to Virtual Items for use in Our games is a service provided by Us, effective upon acceptance by Massive Richard Ltd of your purchase or cashing out of third party virtual currency. By ordering a license to use Virtual Items, you agree and agree that Massive Richard Ltd will provide it to you promptly upon completion of the purchase. If you reside in the European Union and purchase a product or service from Massive Richard Ltd, you may have the right to withdraw from the purchase within seven calendar days from the day following the date of purchase (the "Cooling Off Period"). However, you lose your right to opt-out if the Services begin before the end of the Cooldown Period. Accordingly, please note that if you purchase a license to use Virtual Items from us, your right of withdrawal will lapse as our Services begin immediately upon completion of your purchase.
You agree to pay all fees and taxes applicable to you or any person using a user account registered to you. Massive Richard Ltd may at any time revise the prices of the goods and services licensed to you by the company as part of the Services. You agree that Massive Richard Ltd does not provide refunds and that you will not be able to receive money or other compensation for unused Virtual Items upon account closure, whether such closure was voluntary or involuntary.
Hyperlinks to external resources
The appearance, availability or use by you of third-party URLs or hyperlinks that are available anywhere within the Services you use, or any other form of linking or redirection to third-party platforms through your connection to the Services, does not imply endorsement by Us and does not warrant any or any liability by Us, Massive Richard Ltd, our successors, officers, employees, or representatives, agents, licensors, advertisers, or service providers. We do not review, endorse, and assume no responsibility for any such third party websites, their business processes (including, without limitation, their privacy policies), or any goods or services linked to or obtained through any such website, regardless of whether this site displays the logo of the "Services" or Massive Richard Ltd, and/or displays sponsorship as part of a co-branding or promotion. If any third party website with which you interact receives or collects personal information from you, under no circumstances will we be liable in any way for their disclosure of your personal information. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and privacy policies of each third party website you visit.
Digital Millennium Copyright Act DMCA
If you are a copyright owner or an agent thereof and believe that any content on Our Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) by providing our Designated Agent (in as specified below) the following information in writing for further information):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work that is claimed to have been infringed, or, if multiple copyrighted works in the Services are subject to the same notice, a representative list of such works in the Services;
- Identification of the material that is claimed to be infringing or infringing and that is to be removed or access to which is to be disabled, as well as information sufficient to enable us to locate the material;
- Information sufficient to allow us to contact you, such as address, telephone number and, if applicable, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and an acknowledgment under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notice of the alleged violation must be sent to the Designated Agent:
Massive Richard Ltd
65 London Wall, London, England, EC2M 5TU
We reserve the right to remove any content that we reasonably believe infringes anyone's copyright. However, if you believe that your content that has been removed (or access to which has been disabled) does not infringe copyright or that you have permission from the copyright owner, the Copyright Owner's Agent or under applicable law, you may provide Us access to content for its further use in the Services, you can send a counter-notification containing the following information to our Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that was removed or access to which was disabled, and the location of the content before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of error or misidentification of the content;
- Your name, address, telephone number and, if applicable, email address, and a statement that you must accept due process from the person who filed the notice of alleged violation.
If our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the complaining party notifying that person that they may replace the removed content or stop disabling it within 10 business days. Unless the copyright holder files a lawsuit against the content provider or the User, the removed content may be replaced or access to it restored within 10-14 business days or more after receiving a counter notification at: at its sole discretion.
Please note that you may be liable for damages (including attorneys' fees and other costs) if you materially misrepresent a claim that content infringes your copyright. Therefore, if you are unsure whether materials available on the Services infringe your copyright (they may be protected by exceptions to copyright law, such as fair use), we recommend that you seek legal advice before filing any claims. We do not and cannot provide any legal advice on the merits of any copyright claims or disputes.
This User Agreement may not be assigned or transferred by you, but it may be assigned or transferred by Massive Richard Ltd in its sole discretion, without limitation and without notice to you.
You agree to defend, indemnify and hold harmless Massive Richard Ltd, together with our successors, officers, employees of the company, as well as its representatives, agents, licensors, advertisers, or service providers, from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) (collectively, the "Claims") arising in any way out of or in connection with
- your use of the Services;
- your violation of this User Agreement;
- your User Postings.
Massive Richard Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise indemnified by you, in which case you agree to cooperate with our defense representatives to resolve such claims.
Disclaimer of Warranties and Limitation of Liability
The services and all user content, products, services and publications are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, or any warranties or representations that the services will be available for use, or that all products, features, their availability, and services or operations will be available or will be performed as described.
Without limiting the foregoing, we are not responsible for any malicious code, delays, inaccuracies, errors or omissions resulting from your use of the Services. You acknowledge and agree that you assume the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any features and properties of the Services, including, but not limited to, User Postings and Content, related to your use of the Services.
You agree that, to the maximum extent permitted by law, Massive Richard Ltd, together with our successors, officers, employees, representatives, agents, licensors, advertisers, or service providers, shall not be liable for any damages any kind or damages, direct or indirect, in connection with or resulting from the use of the Services or from this Agreement including, but not limited to, compensatory, consequential, incidental, consequential, special or punitive damages.
You also acknowledge and acknowledge that the capabilities of the services in the aggregate and for each User are limited. Consequently, some messages and transmissions, including but not limited to user posts, may not be processed in a timely manner or at all, and some features or services may be limited or delayed, or become completely inoperable. As a result, you acknowledge and agree that Massive Richard Ltd assumes no responsibility or liability for the transmission, processing, storage, receipt or delivery of transactions or User Communications, or for any failure or delay associated with any User Communications, and is hereby expressly advised not to rely on the timeliness or performance of the services for any transactions or user communications. Some jurisdictions do not allow the exclusion of certain warranties or certain limitations of indemnifications and remedies, so some of the exclusions and limitations described in this Agreement may not apply to you.
This Agreement may not be modified or terminated orally. If any provision of this Agreement is held to be illegal, void or unenforceable, any other provision shall not be affected and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. . Any provision that must remain in effect in order for us to enforce its meaning shall survive termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of the form or basis of the claim, may be brought by you more than one year after the cause of action arose (or, if there are multiple causes, after the date such cause first arose).
This Agreement does not create any relationship of principal and agent, partner, joint venturer, employer and employee, fiduciary or similar relationship between the parties. You are prohibited from making any promises, warranties or representations on behalf of Massive Richard Ltd or in any way to impose obligations on Massive Richard Ltd.
No waiver or failure by Massive Richard Ltd to exercise any of the rights herein shall be deemed a waiver of any other rights hereunder. The rights and remedies of Massive Richard Ltd set forth in this Agreement are cumulative and in addition to any rights or remedies that Massive Richard Ltd may otherwise have at law or in equity, excluding any special and exclusive remedies expressly provided for in this Agreement.
You acknowledge and agree that any breach or threat of breach of this Agreement may cause Massive Richard Ltd immediate and irreparable damage that cannot be adequately compensated for in monetary damages, and Massive Richard Ltd may therefore seek injunctive relief, specific enforcement and/or other equitable remedies as a remedy for any such breach or pending breach without the need to post bond or other material security.
Neither you nor Massive Richard Ltd will be liable for delays or disruptions caused by acts of God, strikes, lockouts, riots, acts of war or terrorism, embargoes, boycotts, changes in government regulations, epidemics, fires, communication line failures, outages in the supply of electricity, earthquakes, other natural disasters or any other reason for which the default is beyond the control and not caused by the defaulting party.
This Agreement and your use of the Services shall be governed by, construed and enforced in accordance with the internal laws of the State of California (regardless of its conflict of laws rules) applicable to contracts entered into, performed and wholly performed in California and, for the purposes of any and all legal or equitable claims , you expressly consent to and submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of California and the County of San Francisco, and agree that you will not object to such jurisdiction or venue based on lack of personal jurisdiction, forum inconvenience, or otherwise way. In any action or proceeding commenced to enforce any rights or obligations of the parties under this agreement, your use of the Services, or in relation to the subject matter of this Agreement, you hereby waive any right you may now or may have in the future, to jury trial.
This Agreement is drawn up in Russian, and all disputes between the parties are resolved in Russian. You understand and acknowledge that any foreign language services provided by Massive Richard Ltd are for informational purposes only and it is your responsibility to obtain independent legal advice at your own expense to ensure that you understand the terms of this Agreement.
This User Agreement was last modified on the above date and is effective immediately.
Section headings are for convenience only and should not control or influence the meaning or interpretation of any provision of this Agreement.