End-User License Agreement

Last update: January 25, 2021

ANY USE OF THE GAME MEANS THAT YOU HAVE READ AND UNDERSTOOD THE PROVISIONS OF THIS END USER LICENCE AGREEMENT (HEREINAFTER – THE EULA) AND PRIVACY NOTICE AND AGREE TO BE BOUND BY THEM. TERMS OF USE OF THE GAME AS WELL AS ANY ANNEXES AND / OR ADDENDUMS THERETO ARE AN INTEGRAL PART OF THIS LICENSE AGREEMENT.

The present EULA may be periodically updated at Licensor’s sole discretion. The current version will be made available to the User with the indication of the date of the most recent change. You agree to read all notifications that may be sent to you and to periodically check this page for updates to these EULA. Your continued use of the Game after a revised EULA has been posted constitutes your acceptance of its terms. If you object to any changes, your sole recourse is to cease the usage of the Game.

  1. GENERAL PROVISIONS
    1. Licensor – Vizor Games LLC, a company duly incorporated in the Republic of Belarus at the address: the city of Minsk, Nezavisimosti avenue, 117A, 18 floor, office 18
    2. Sublicensor - Suraway LTD. a company duly incorporated in Cyprus at the address: Arch. Makariou III, 155, Proteas House, 5th floor, 3026, Limassol, Cyprus, Registration No. HE 314134
    3. Game – a session multiplayer in third person fighting game ((PVP) RPG) under the working title "Blood of Heroes", an individual copyrighted work. The Game is a computer program having a form of a collection of data, commands and audiovisual displays generated by it (hereinafter referred to as the Game Functionality), which are activated sequentially to obtain a certain result by the User provided by the Game mechanics either a) without paying a fee (activated Game Functionality) or b) after paying a fee (non-activated Game Functionality).
    4. Account – personal account of a User. The Account is accessed with a login and a password.
    5. User – any person having an Account and using the Game. If the Account was provided for a fictitious person, the User shall be deemed to be the person that actually uses the Game.
    6. Content – video and audio materials, images and texts, created by of for the Licensor for or in connection with the Game.
    7. Game Functionality – software codes processed on an electronic device as a part of the Game and intended to provide the User with additional functions of the Game. The Game Functionality operates in the form of In-game Goods posted to a game account of the User for a fee and Bonuses available for a User for a fee.
    8. In-game Goods – software codes processed on an electronic computing machine as part of the Game in the form of in-game objects that the User acquires while performing certain actions within the Game or for a fee. In-game Goods can be used within the Game exclusively; they have no real value and cannot be exchanged for non-game (“real”) currency or non-game (“real”) property. In-game Goods include, among other things:
      1. in-game currency (“rubies”);
      2. in-game objects and sets of in-game objects (bandles) (“hero”, “armor”, etc.).
    9. Bonuses - software codes processed on an electronic computing machine as an enhancing functionality that the User acquires for a fee. Bonuses can be used within the Game exclusively; they have no real value and cannot be exchanged for non-game (“real”) currency or non-game (“real”) property. Bonuses include, among other things:
      1. Premium mode.
    10. Legislation – legislation of the Republic of Belarus.
    11. The User acknowledges that the Game is provided for beta testing and is not a final and fully functional version.
    12. The Game is generally suitable for those aged 18 years and older. The Game contains use of violence and infrequent use of strong language.
    13. The User confirms that he\she is at least 18 (eighteen) years old.
    14. The User confirms that under the law of the state of his\her nationality he\she:
      1. is eligible to conclude the EULA either himself\herself or with parental consent, given by a parent or a guardian;
      2. has obtained parental consent, given by a parent or a guardian for concluding the EULA (if necessary);
      3. has legal capacity necessary for exercising rights and performing duties under the EULA.
    15. To ensure the rights and obligations of the parties arising under this EULA, the User reproduces on his computer a set of data and commands predetermined by the Licensor (the “client part of the Game”, “the Client”) with the use of a special software provided by the Licensor and available for download at the Licensor web-site (“the Laucher software”), while a set of other data and commands (including non-activated ones) are placed by the Licensor on the servers operated by him. During the activation of peer-to-peer functionality of the Launcher software the client part of the Game may be provided to the User both by making a downloadable copy of the Client on the other User’s computer and/or by downloading it in a whole or in part from the Licensor’s web-site.
    16. The Game is provided to the User "as is". The Licensor does not give any warranties that:
      1. the Game will function uninterrupted and without any errors;
      2. the Game will always be available for download;
      3. the User's progress will be saved and transferred to the later versions of the Game;
      4. the Game will comply with the User's expectations, including the expectations regarding the graphics quality.
    17. The Game is provided to the User in the sessions mode. The Licensor determines the start time and the duration of each session scheduled for the User at its sole discretion
    18. The Licensor shall not be liable for any damage caused to the User (including, but not limited to, damage caused to the User's property or proprietary rights) as the result of using the Game or inability to use the Game.
    19. The User is fully aware that the Licensor has the right to nullify the User’s in-game progress and achievements of any kind at any moment for any reason whatsoever and without the obligation to notify the User thereof. In case of cancellation of the game process and (or) User’s achievements due to the User’s violation of the terms of this EULA, the User has no right to request a refund for the Game and (or) the Game Functionality.
    20. The Licensor grants the User a non-exclusive, non-transferable, limited, and revocable license to use the Game and the Content for User's personal, non-commercial, entertainment purposes free of charge worldwide. User's license rights are subject to his/her compliance with this EULA. The term of the license shall commence on the date that the User installs or otherwise uses the Game and ends on the earlier date of either User's disposal of the Game or the termination of this EULA (see below).
    21. The Licensor grants the User a right to sublicense the Game only in part of the “Client” to other Users by means of using either the peer-to-peer functionality available within the Launcher software or any other means of distribution the User finds relevant. This sublicense is non-exclusive, non-transferable, limited, and revocable.
    22. The Sublicensor provides the User with the right to use the Game Functionality. The duty to provide the User with the right to use the Game Functionality is considered performed after the respective amount of In-game Goods and/or Bonuses are posted to the User’s game account for a fee. The User is entitled to cancel a payment by sending an appropriate request to Sublicensor. When cancelling the payment the Sublicensor debits the game account of the User with the number of In-game Goods and/or Bonuses previously posted.
    23. The Licensor shall not be liable for any aspects of Sublicensor’s functioning (prohibition of access, failures and breakdowns of Sublicensor’s functionality, etc.) or any actions taken by Sublicensor without Licensor’s direct instructions.
    24. For EU Users: The Sublicensor will, upon request, issue a refund for any title that is requested within 14 days of purchase. In case the User falls outside of the abovementioned refund rules, no refunds are available. Nonetheless the User may still submit a request for refund and the Sublicensor may (but under any circumstances is not obliged to) take a look at it.
    25. For non-EU Users: In case the User falls outside of the Sublicensor’s refund rules, no refunds are available. Nonetheless the User may still submit a request for refund and the Sublicensor may (but under any circumstances is not obliged to) take a look at it.
  2. WARNING FOR PARENTS/GUARDIANS
    1. By downloading and using the Game the User confirms that he/she is eligible to use the Game. Parents/guardians of a User who is under legal age shall control his/her use of the Game.
    2. The Licensor shall not be liable for any actions of the User within the Game.
  3. THE USER'S RIGHTS AND DUTIES
    1. The User shall perform the EULA in good faith.
    2. The User is entitled to perform actions, covered by the technical capabilities or logics of the Game. Such actions include, but not limited to:
      1. Creation of downloadable copies of the Client;
      2. manipulating a game character;
      3. participation in game sessions.
    3. The User is entitled to inquire the Licensor with regard to defective Game functioning (technical failures, etc.) if such defective functioning is not caused by the User's actions; peculiarities of hardware and software used by the User; quality of the Internet connection; as well as other circumstances that the Licensor is not responsible for. The Users' inquiries shall be sent to the e-mail: help@bloodofheroes.online or via Discord service.
  4. THE USER MUST NOT:
    1. commercially exploit the Game
    2. examine the Game source code, modify or amend it, create new works on its basis;
    3. mislead the Licensor (in particular over the personality of the User, his/her age, scope of legal capacity, etc.);
    4. pass the login and password of the Account to third parties;
    5. provide third parties (including, but not limited to family members) with a possibility to access the Game with the User's Account;
    6. use the Game in any way that interferes or may interfere with normal Game functioning;
    7. cheat, use bots (computer programs intended for performance of certain actions within the Game for the User), cheats (codes, embedded in the Game for getting additional advantages within the Game), as well as any other computer programs and/or technical means that interfere with normal Game functioning and/or aimed at getting additional advantages within the Game, which are not provided for by the rules, logics or technical capabilities of the Game.
    8. make use of defects of the Game functioning whether such use results in additional advantages within the Game or not.
    9. transmit or post any content, to use language, including the Account and/or password or other User identification means choice, as well as commit other actions which, in Licensor's sole and absolute discretion, are deemed to be offensive, including without limitation content, language or actions that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above.
  5. THE LICENSOR IS ELIGIBLE TO:
    1. limit the Game functionality fully or partially on his sole discretion. The Licensor is not obliged to notify the User of any limitation of functionality and is not liable for any damage caused to the User as the result of limitation of the Game functionality;
    2. process information about the User's activity within the Game (including, but not limited to, actions taken and objects collected within the Game, in-game progress);
    3. to change on his sole discretion any and all Game parameters, including without limitations:
      1. the way to determine the User's advancement within the Game (transition to a higher level within the Game) and earning experience points;
      2. logics and technical capabilities of the Game;
      3. the start time and the duration of each game session;
      4. ways to get access to the Game.
    4. to cancel User’s progress in the Game
    5. exercise other rights in accordance with the EULA and Legislation.
  6. TRANSFER OF INFORMATION ABOUT CRIMES
    1. In case the Licensor learns about the User's illegal activity, he has the right to inform law enforcement authorities about violations of the Legislation committed by the User and to pass to law enforcement authorities all available information about such violations. Should the Licensor receive a respective enquiry he is also entitled to pass such information to law enforcement authorities or other organizations that are eligible for obtaining such information under the Legislation.
  7. INTELLECTUAL PROPERTY
    1. The Game and the Content are copyrighted works.
    2. The copyright for the Game and the Content belongs to the Licensor. All rights reserved.
    3. The Licensor grants the User a non-exclusive license to use the Game as intended (to download, install and run the Game; to perform actions provided for by the technical capabilities and logics of the Game).
    4. The User is not entitled to use the Games in any other way except as directly provided for in this EULA, for example, lend, upload to or store on any web-site or server, sell, redistribute, sublicense, copy, decompile, disassemble, reverse engineer, change or create derivative works on the basis of the Game, its updates or parts.
    5. Any commercial use of the Game or the Content by the User is PROHIBITED.
    6. The User is not allowed to transfer this license to any third party or sublicense third parties for use of the Game or Content except for the Client part of the Game as provided for in the present EULA. This license also covers all updates and/or additional components of the Game or Content, which will be created and provided to the User in future.
  8. EPILEPSY WARNING
    1. Visual effects of the Game, especially flashes of light and ornaments may cause an epileptic seizure. A person may have an epileptic seizure even if he/she has no medical history of epilepsy.
    2. The User shall immediately stop using the Game and consult a medical professional if the following symptoms arise:
      1. sudden groundless anxiety or fear;
      2. involuntary body movements, tingling;
      3. auditory or visual hallucination;
      4. clouding of consciousness.
    3. Parents (guardians) of the User, who is under the legal age, shall monitor his health while he/she is using the Game.
  9. TERMINATION
    1. The EULA is effective until terminated by the User or Licensor. The User's rights under this EULA will terminate automatically without notice from the Licensor if the User fails to comply with any term(s) of this EULA. Upon termination of the EULA, the User shall cease all use of the Game, and destroy all copies thereof, both full and partial.
    2. The User agrees that the Licensor has the right to terminate this EULA unilaterally at any time at the sole discretion of the Licensor without notifying the User.
  10. FINAL PROVISIONS
    1. The EULA and all annexes thereof are regulated by the law of the Republic of Belarus.
    2. Invalidity of any provision of the EULA invalidates neither the EULA as a whole, nor other provisions thereof.
    3. All disputes arising out of the EULA (including, but not limited to disputes over the invalidity of the EULA, as well as disputes over interpretation and performance of the EULA) shall be settled by the courts of the Republic of Belarus according to their respective jurisdiction.
    4. If a dispute defined in clause 10.3 of the EULA is submitted to the court, the winning party is entitled to all reasonable damages connected to the court proceedings (including legal costs).
    5. Non-performance of any provision of the EULA either by the Licensor or by the User does not constitute a refusal to perform such provision at present or in future, neither does it deprive the other party of the right to demand performance of such provision.

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