TERMS OF SERVICE
Last update: August 10, 2021
These Terms of Service together with other documents which are incorporated herein by reference are a legally binding agreement between you and XTEN LIMITED, a company duly established and operating in the Republic of Cyprus, having its registered office at 1 Anastasiou Sioukri, Themis Court, 4th Floor, Office 402, 3105, Limassol, Cyprus, registration number HE365174 (hereinafter referred to as “XTEN”, “we”, “our” or “us”), that offers you access to and governs your use of this website (the “Website”), our interactive entertainment software under the title “Blood of Heroes” (the “Game”) and other related services (collectively hereinafter referred to as the “Services”).
These Terms of Service may be periodically updated at our sole discretion. The current version will be made available to you with the indication of the date of the most recent change. Please read all the notifications that may be sent to you and periodically check this page for updates. Your continued use of the Services constitutes your acceptance of these terms.
Please read these Terms of Service carefully because it is important for you to get acquainted with and understand the terms contained herein.
THESE TERMS OF SERVICE CONTAIN A BINDING CLASS-ACTION WAIVER AND ARBITRATION CLAUSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LEGISLATION YOU AGREE TO RESOLVE ALL DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS-ACTION.
ANY USE OF THE SERVICES MEANS THAT YOU HAVE READ AND UNDERSTOOD THE PROVISIONS OF THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY IT.
WARNING: THE GAME OFFERS IN-GAME PURCHASES.
- USER ACCOUNT
- You need a user account to access and use the Services (the “Account”). In order to create an Account and use our Services you must be an adult, or an emancipated minor and provide us your valid and unique username, email address and personal password. Notwithstanding the above, you undertake to provide truthful and accurate information that we might request from time to time.
- Your Account is personal to you, and you cannot sell, transfer, share or allow anyone to access your Account and login credentials to any other person.
- You are responsible for any activity on your Account, including all purchases made on the Account. You acknowledge and agree (i) to keep your Account information confidential and, (ii) not to share you Account’s details with anyone nor allow anyone to access and/or use your Account, and (iii) that any usage of your Account is deemed to have been used by you. Should your Account’s information become publicly available through your fault, we therefore do not hold any responsibility for anything that may happen through or to your Account.
- You acknowledge and agree that you have no ownership or other property interest in your Account, including in-game items posted on your Account.
- Your Account may be suspended or terminated if you or someone else uses it to engage in an activity that violates these Terms of Service.
- You confirm that you are 18 (eighteen) years old.
- You confirm that under the law of the state of your residence you:
a) are eligible to enter into the present agreement either by yourself or with parental consent, given by a parent or a guardian;
b) have obtained parental consent, given by a parent or a guardian (if necessary);
c) have legal capacity necessary for exercising rights and performing duties under these Terms of Service.
- LICENSE GRANT
- Subject to your continuing compliance with the terms and conditions of these Terms of Service, we on our own behalf or through our licensees grant you a non-exclusive, non-transferable, revocable, limited license to access and use the Services worldwide for your own individual, non-commercial and entertainment purposes. Any commercial use of the Services by you is strictly prohibited. You agree not to use the Services for any other purpose than described above.
- You acknowledge and agree that the Services and related Intellectual Property Rights are licensed to you, not sold. When we mention “Intellectual Property Rights” we understand, inter alia, copyright (including future copyright), database rights, patents (including rights in, and/or to, inventions), trade-marks, service marks, trade names and business names (in each case including rights in goodwill attached thereto), design rights, rights in and/or to internet domain names and website addresses and all other intellectual property rights in each case subsisting at any time in any part of the world (whether registered or unregistered), as well as any pending applications or rights to apply for registrations of any of these rights that are capable of registration in any country or jurisdiction and any similar or analogous rights to any of these rights, whether arising or granted under the laws of Cyprus or in any other jurisdiction.
- You may not access, use, copy, modify or distribute the Services, unless expressly authorized by us or permitted by law. We own and reserve all other rights, including all right, title and interest in the Services and related Intellectual Property Rights.
- You acknowledge and agree that you do not acquire any ownership rights by using the Services.
- This license also covers all updates and/or additional components of the Services, which will be created and provided to you in the future.
- You are not entitled to use the Services in any other way than described herein, for example, lend, upload to or store on any website or server, sell, redistribute, copy, decompile, disassemble, reverse engineer, change or create derivative works based on the Services, its updates or parts, unless otherwise expressly allowed by us.
- We own and reserve all rights, title and interest in and to the Services, the content and data contained, provided, generated, created, posted, shared or otherwise made available in or through the Services, including but not limited to: audio – visual materials (whether accompanied by sound or not), images, texts, characters, character names and aliases, character images, character likeness, designs, catch phrases, items, dialog, sounds, animations, in-game goods, in-game currencies, audio-visual effects, scripts, landscapes, arenas, weapons, abilities, descriptions thereof, game recordings, game broadcasts (the “Content”). Unless otherwise expressly allowed by us, you must obtain our direct permission in order to create any work of authorship based upon the Content.
- If you provide us with your any and all ideas, feedback, software code, information, works of literature or art, whether directly or indirectly, regardless the form, whether written, oral or electronic (the “Feedback”), you therefore provide XTEN with a non-exclusive, worldwide, fully-paid, royalty-free, perpetual, irrevocable, transferable, sublicensable and assignable license to use, reproduce, adapt, modify, change, amend, prepare derivative works, publicly display, publicly perform, make available, sell, rent, lease, offer or otherwise exploit the Feedback for any and all current and future purposes and methods of exploitation.
- THE GAME
- You acknowledge and agree that as of the date hereof the Game is provided for open beta testing purpose and is not a final and fully functional version.
- The Game contains scenes of strong violence and infrequent use of bad language. Please consider checking an appropriate age rating on your territory.
- You reproduce a set of data and commands predetermined by us (the “Client part of the Game” or the “Client”) with the use of a special software provided by us and available for download at the Website (the “Launcher”), while a set of other data and commands (including non-activated ones) are placed by us remotely. During the activation of peer-to-peer functionality of the Launcher software the Client part of the Game may be provided to or from you both by making a downloadable copy of the Client from the other User’s computer and/or by downloading it in a whole or in part from the Website.
- We may provide you with the license to access and use the software codes processed on an electronic computing machine as a part of the Game and intended to provide you with additional functions of the Game (the “Game Supplementary Functionality”). The duty to provide the right to use the Game Supplementary Functionality is considered performed after the respective amount of In-game Goods is posted on your Account for a fee.
- The Game Supplemental Functionality operates in the form of software codes processed on an electronic computing machine as in-game objects that you acquire while performing certain actions within the Game or for a fee (the “In-game Goods”).
- It is in our sole discretion to determine the In-game Goods, Game Supplementary Functionality and/or other acquirable content purchasing price. You acknowledge and agree that you do not own any Game Supplementary Functionality or in-Game Goods. You only acquire personal, limited, non-exclusive, non-sublicensable, non-transferable, worldwide license to access and use them.
- Neither Game Supplemental Functionality nor In-game Goods can’t be used ouside the Game. They have no real value and cannot be exchanged for non-game (“real”) currency or property.
- Notwithstanding the above, we retain the right to, inter alia, delete, alter, remove, change, amend, replace, re-price, in whole or in part, any and all Game Supplementary Functionality, In-game Goods and Content at our sole discretion with or without further notice to you. Should such situation occur, we will provide you with a replacement. We shall not bear liability of any kind to you based upon the above.
- USER RULES
- While using the Game, you must comply with the terms hereof, its integral parts and any and all applicable laws, rules and regulations in the jurisdiction in which you reside.
- We reserve the right to take appropriate measures (including disciplinary measures) in order to protect, inter alia, us, our subsidiaries, parental companies, affiliates, directors, officers, employees, the Game and its services, the reputation and goodwill thereof, at our sole discretion, against inappropriate behavior, regardless of whether such a behavior is listed herein. The appropriate measures list is not limited and might be extended at our sole discretion as well, and as for the very date hereof include temporary and permanent bans, account suspension and/or termination and deletion thereof combined. However, we also reserve the right to cancel the measures taken at our sole discretion as well.
- The following comprises the list of inappropriate behavior. However, the present list is not exhaustive and for your reference only:
a) Violation of these Terms of Service or any integral part hereof;
b) Violation of non-disclosure obligations, if there are any;
c) Spamming, trolling, threatening, flaming chat;
d) Offensive behavior, harassing, fraud or other threatening users;
e) Transmitting or communicating any content which we reasonably believe to be offensive to players, including language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or racially, ethically, or otherwise objectionable;
f) Transmitting or posting any content, using language, including the Account and/or password or other user identification means choice, as well as committing other actions which, in our 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;
g) Cheating, using 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;
h) Precocious Game abandoning;
i) Boosting services and/or similar activities;
j) Inappropriate Game usernames;
- You can use the Services either free or by making purchases, where available and/or required.
- We do not handle and are not responsible for handling payment transactions. All payments, transactions and monetary operations are made by third-party payment service providers. By making online purchases, you agree to be bound by their terms and conditions.
- When making the online purchases, you must provide true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If our payment service provider brings to our attention that the information you provided, personal and/or financial, is untrue, inaccurate, or incomplete, or that there are reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, we are therefore entitled to annul related financial transactions, to revoke all associated licenses acquired via such transactions.
- You may claim for a refund or cancellation of payment by addressing us via e-mail email@example.com or through the help & support function within the Game. When cancelling the payment, we debit your game account with the number of In-game Goods previously posted.
— For EU Users only: we will, upon request, issue a refund for any title that is requested within fourteen (14) calendar days of purchase. In case you fall outside of the abovementioned refund rules, no “change of mind” and similar refunds are available, unless provided by the applicable legislation. Nonetheless you may still submit a request for refund, and we may (but under any circumstances are not obliged to) take a look at it.
— For non-EU Users: you may submit a request for refund, and we may (but under any circumstances are not obliged to, unless provided by the applicable legislation) take a look at it.
- Your transaction may be declined by payment service providers or returned to you as a result of a refund or chargeback. We handle these situations in the following way:
a) if you purchased a certain number of in-game currency, we retract the same number of the in-game currency from your Account;
b) if you purchased in-game goods WITHOUT in-game currency (there can be a bundle of different virtual items with no in-game currency included) or a certain number of the in-game currency AND some other goods (as a single pack), we retract a certain number of the in-game currency from you. The exact number of the in-game currency to be retracted and the retraction procedure is communicated to you by us when you send a request to cancel the payment via email firstname.lastname@example.org through the help & support function in the Game.
- WARNING FOR PARENTS (GUARDIANS)
- By using the Website, downloading and using the Game and related Services you confirm that you are eligible to use the Website, the Game and related Services, including the Game Supplementary Functionality. Your parents/guardians shall control your use of the Website, the Game and related Services (as well as the Game Supplementary Functionality)
- We are not liable for any actions of yours when using the Services, including use of the Game Supplementary Functionality.
- YOUR RIGHTS AND DUTIES
- You shall perform the terms of these Terms of Service in good faith.
- You are entitled to perform actions, covered by the technical capabilities or logics of the Game. Such actions include, but not limited to:
a) manipulating a game character;
b) collecting In-game Goods;
c) acquiring In-game Goods (except in-game currency) for in-game currency;
d) using the Game Supplementary Functionality;
- You are entitled to inquire us with regard to defective Game functioning (technical failures, etc.) if such defective functioning is not caused by your actions; peculiarities of hardware and software used by you; quality of the Internet connection; as well as other circumstances that we are not responsible for. Your inquiries shall be sent via email email@example.com or through the help & support function in the Game.
- YOU MUST NOT
- Examine the Website, the Game and related Services’ source code, modify or amend it, create new works on its basis.
- Mislead us (in particular over your personality, age, scope of legal capacity, etc.).
- Pass your username and password of the Account, as well as any other log in information, to third parties.
- Provide third parties (including, but not limited to family members) with a possibility to access the Website and the Game with your Account.
- Use the Services in any way that interferes or may interfere with the normal functioning.
- Use bots (computer programs intended for performance of certain actions within the Game for your benefit), 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.
- Make use of defects of the Game functioning whether such use results in additional advantages within the Game or not.
- Engage in dishonest (unsporting) behavior. Dishonest (unsporting) behavior means any type of actions that are aimed at getting additional advantages within the Game (including extremely rapid advancement) in contravention of the concept of the Game, generally accepted rules of sportsmanship and participant conduct.
- WE ARE ENTITLED TO
- Limit the Services’ functionality fully or partially on our sole discretion (including, but not limited to deleting the Game from the list of Services). We are not obliged to notify you of any limitation of functionality and are not liable for any damage caused to you as the result of limitation of the Services’ functionality.
- Process information about your activity within the Game (including, but not limited to, actions taken, and objects collected within the Game, in-game progress, use of Game Supplementary Functionality).
- Issue a warning regarding the violation of these Terms of Service or immediately terminate or suspend any or all Accounts that are used for accessing the Services in case of violation of the terms of these Terms of Service. We are not obliged to notify you prior to such termination or suspension.
- Nullify your in-game progress and achievements of any kind at any moment for any reason whatsoever and without the obligation to notify you. In case of cancellation of the game process and (or) your achievements due to your violation of the terms of these Terms of Service, you therefore will have no right to request a refund for the Game and (or) the Game Supplemental Functionality.
- Change on our sole discretion any and all Game parameters (as well as characteristics of In-game Goods), including without limitations:
a) value of In-game Goods, expressed in in-game currency;
b) the amount of fee to be paid for use of the Game Supplementary Functionality;
c) the way to determine your advancement within the Game (transition to a higher level within the Game) and earning experience points;
d) ways to interplay with the In-game Goods;
e) logics and technical capabilities of the Game;
f) ways to get access to the Game.
- Exercise other rights in accordance with these Terms of Service and applicable legislation.
- TRANSFER OF INFORMATION ABOUT CRIMES
- In case we learn about your illegal activity, we therefore shall have the right to inform law enforcement authorities about violations of the legislation committed by you and to pass to law enforcement authorities all available information about such violations. Should we receive a respective enquiry, we therefore are also entitled to pass such information to law enforcement authorities or other organizations that are eligible for obtaining such information under the applicable legislation.
- EPILEPSY WARNING
- 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.
- You shall immediately stop using the Services and the Game in particular and consult a medical professional if the following symptoms arise:
a) sudden groundless anxiety or fear;
b) involuntary body movements, tingling;
c) auditory or visual hallucination;
d) clouding of consciousness.
- Your parents (guardians), when your are under the legal age, shall monitor you health while you are using the Services and the Game in particular.
- These Terms of Service are effective until terminated by either party. Your rights under these Terms of Service will terminate automatically without notice from us if you fail to comply with any terms hereof.
- We reserve the right to suspend or terminate your Account if you do not use it for a long period of time. If we decide so, we will notify you prior the suspension or termination via email or other means of communication you chose to be preferable so you could have an opportunity to avoid such consequences.
- If and when your Account is terminated, you therefore will have no longer access to the Account, including any data recorded on the Account (Game Supplemental Functionality, In-Game Goods and/or other Content).
- You agree that we have the right to terminate these Terms of Service unilaterally at any time at the sole discretion of ours without notifying to you.
- You may suspend or terminate your Account by contacting us at any time via email firstname.lastname@example.org.
- Upon termination of these Terms of Service, your license to use the Services will be ceased, and you will have no longer be entitled to use the Services.
- NO WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, THE GAME AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY ABOUT THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, ERRORLESS OPERATION OR RELIABILITY OF THE CONTENT OF THE WEBSITE, THE GAME AND RELATED SERVICES. WE DO NOT WARRANT THAT THE WEBSITE, THE GAME AND RELATED SERVICES WILL MEET YOUR NEEDS; THAT ALL THE ABOVE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE, THE GAME AND RELATED SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES OR SUBSIDIARIES WILL NOT BE LIABLE TO YOU FOR ANY PEROSNAL INJURY OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DAMAGE CAUSED TO YOUR PROPERTY, LOST DATA OR OTHER INTANGIBLE, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE WEBSITE, THE GAME AND RELATED SERVICED AND TO CANCEL YOUR ACCOUNT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS XTEN LIMITED AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS FROM AND AGAINST ANY CLAIMS, LAWSUITS, FINES, CHARGES, LIABILITIES, LOSSES AND COSTS THAT ARISE AS A CONSEQUENCE OF YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE OR ANY INFRINGEMENT BY YOU OF ANY THIRD PARTY’S RIGHTS.
- CLASS-ACTION WAIVER AND ARBITRATION
- To the maximum extent permitted by law, you agree to bring disputes solely on an individual capacity. You shall NOT seek to bring, join or participate in a class-action or representative action, collective or class-wide arbitration, consolidate or combine or permit someone else to do so, or any other action whatsoever where another person or entity acts in a representative capacity.
- You have the right to opt out of and not to be bound by this class-action waiver and arbitration clause. You must send us a written notice of your decision (the “Notice”) to the following address: XTEN LIMITED, 1 Anastasiou Sioukri, Themis Court, 4th Floor, Office 402, 3105, Limassol, Cyprus.
- Your Notice must include your real first name and last name, your Account details, mailing address and expressly state that you do not want to resolve disputes with XTEN through arbitration.
- The Notice shall be sent by you and received by us within thirty (30) calendar days from the date you first accepted the terms of these Terms and Services, unless other term is allowed by the applicable law, otherwise you will be bound to the rules contained in this class-action and arbitration clause.
- FINAL PROVISIONS
- We may change any provision of these Terms of Service at any time at our sole discretion without notifying you. When we change or update the terms contained herein, we will inform you of the new agreement which will supersede and replace these Terms of Service. You will be able to continue to use the Services only when you accept such new agreement’s Terms of Service. If you decline the new agreement’s Terms of Service, you therefore will not be able to use the Services. You shall regularly review these Terms of Service for further changes. Continued use of the Website, the Game and related services after the change has been made shall constitute your consent to be bound by the updated provisions of these Terms of Service.
- These Terms of Service and all annexes thereof are regulated by the law of the Republic of Cyprus.
- Invalidity of any provision of these Terms of Service invalidates neither these Terms of Service as a whole, nor other provisions thereof.
- All disputes arising out of these Terms of Service (including but not limited to disputes over the invalidity of these Terms of Service, as well as disputes over interpretation and performance of these Terms of Service) shall be settled by the substantive and procedural law of the Republic of Cyprus.
- You agree to first inform us of any dispute by sending us a claim at least thirty (30) calendar days prior to any action of yours.
- If a dispute is submitted to a court, the winning party is entitled to all reasonable damages connected to the court proceedings (including legal costs).
- Non-performance of any provision of these Terms of Service either by us or by you does not constitute a refusal to perform such provision at a present or in the future, neither does it deprive other party of the right to demand performance of such provision.