Last Update: October 14, 2015
These Terms of Service govern the relationship between you and RJ GAMES LTD whose principal place of business is at: Agiou Neofitou 3, Lemesos, Cyprus, HE 355950 (hereinafter “RJ GAMES LTD”, “we”, “our” and “us”) in relation to:
a. Our website www.undercontrolgame.com (hereinafter each a “Site”);
b. Our online browser game Under Control (hereinafter called a “Game”);
c. Any of other services we may provide to you in relation to the Game in accordance with these Terms of Service, including but not limited to: support service and premium service (hereinafter collectively “Services”).
ALSO BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE REACHED THE AGE TO ENTER INTO BINDING AGREEMENT WITH US IN THE COUNTRY IN WHICH YOU ARE LOCATED OR RESIDE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION IF REQUIRED BY APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE LEGALLY ALLOWED TO ENTER INTO THIS AGREEMENT AND THAT YOU DO NOT VIOLATE ANY APPLICABLE LAWS.
You cannot accept these Terms of Service if:
a. You are not lawfully entitled to use any of the Sites, the Game and/or Services under any applicable laws in the country in which you are located to reside;
b. You are not of the legal age to form a binding agreement with us.
a. Reflect changes in the Law;
b. Reflect changes in the composition of the Services;
c. Reflect changes in the way how we collect, use and store your personal information;
d. Make sure that Community Rules protect interests of the community of our users.
1. EPILEPSY WARNING
Some people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching television images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing.
We advise that parents should monitor the use of the Game by their children. If you or your child experiences any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing the Game, DISCONTINUE USE IMMEDIATELY and consult your doctor.
Some individuals may experience discomfort (such as motion sickness, dizziness, or eyestrain) when playing the Game. If you experience such discomfort, stop playing and rest until it has subsided. Consult a doctor if the discomfort continues.
Precautions to take during use:
a. Do not stand too close to the screen. Sit a good distance away from the screen;
b. Preferably play the game on a small screen;
c. Avoid playing if you are tired or have not had much sleep;
d. Make sure that the room in which you are playing is well lit;
e. Rest for at least 10 to 15 minutes per hour while playing the game.
We warrant that we have the right to enter into these Terms of Service and to grant you the license to use any of the Sites, the Game and Services set out in section 5 “INTELLECTUAL PROPERTY RIGHTS”.
USE OF ANY OF THE SITES, THE GAME AND/OR SERVICES SHALL BE AT YOUR SOLE RISK.
THE GAME AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVALIABLE” BASIS. WE DISCLAIM ANY WARRANTIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE GAME AND SERVICES SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE THE REASONABLE CONTROL OF SITE, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSE BEYOND SITE CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
WE DON’T GUIARANTEE THAT:
A. ANY OF THE SITES, THE GAME OR SERVICES WILL MEET YOUR EXPECTATIONS AND/OR REQUREMENTS;
B. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE GAME OR SERVICES WILL MEET YOUR EXPECTATIONS AND/OR REQUIREMENTS;
C. THE GAME AND SERVICES WILL BE UNINTERRUPTED, TIMELY, VIRUS-FREE, ERROR-FREE OR SUCH DEFFECTS WILL BE EVER CORRECTED;
D. USE OF ANY OF THE SITES, GAME OR SERVICES WILL BE ABSOLUTELY SECURE.
WE CONSTANTLY WORK ON FURTHER DEVELOPMENT OF THE GAME AND SERVICES. THIS MEANS THAT FROM TIME TO TIME WE INTRODUCE UPGRADES AND IMPROVEMENTS IN GAMEPLAY, FEATURES, GRAPHICS, TECHNICAL INFRASTRUCTURE, ETC. WE DON’T GUARANTEE THAT ABOVEMENTIONED UPGRADES AND IMPROVEMENTS WON’T CHANGE YOUR EXPERIENCE OF USING THE GAME OR SERVICES.
DOWNLOAD OR OTHER WAY OF OBTAINMENT OF ANY MATERIALS WHILE USING THE SITES, GAME OR SERVICES SHALL BE DONE ON YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, INSTALLED SOFTWARE AND/OR OPERATION SYSTEMS AND/OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
In some cases, we may allow you to use the Game and/or Services in a demo mode which you may access without an Account. Note that your progress in the game won’t be saved unless you register the Account before exiting the demo mode. Also limitations on the Game and Services may apply.
You are not permitted to share your Account with anyone. You are not permitted to sell or transfer your Account to anyone. In case you grant access to your Account to third parties you will be solely responsible for all actions carried out by these third parties.
You are responsible for keeping your account secure from third parties. Under no circumstances should you disclose password from your Account to third parties. Note that our representatives, including support team, will never ask you for your Account password.
Please notify us immediately in following cases:
a. Any unauthorized use of your Account;
b. Any hacking tools being used or might be used in relations to any of the Sites, the Game or Services.
IF YOU CREATE AN ACCOUNT USING FACEBOOK™ PROFILE YOU MUST ALSO COMPLY WITH ALL THE TERMS, CONDITIONS AND RULES SET BY THIS THIRD PARTY SERVICE. WE DISCLAIM ANY LIABILITY OF ANY NATURE FOR ANY ACTIONS OF THIS THIRD PARTY SERVICE, INCLUDING BUT NOT LIMITED TO SUSPENSION OF YOUR FACEBOOK™ PROFILE WHICH MAY RESULT IN INABILITY TO ACCESS YOUR UNDER CONTROL ACCOUNT.
5. ITELLECTUAL PROPERTY RIGHTS
The Sites and the Game contain a lot of different materials and assets, including but not limited to technology, software, interfaces, design, texts, images, videos, sounds and music (hereinafter collectively the “Content”). The Content and all intellectual property rights (hereinafter “IP Rights”) for the Content are owned by us (or by our affiliates and partners as applicable).
As long as these Terms of Service are in force between you and us, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicenseable, revocable license so you can access, view and use the Sites, Game or Services.
You must not download (except as part of the proper use or operation of the Sites, Game or Services), copy, publish, post, distribute, print, reproduce, modify, adapt, transfer, disseminate, copyright, trademark or make any commercial use of any content (fully of partially) available on our Sites, in the Game or Services, unless we expressly authorize you to do so in writing.
6. USER GENERTED CONTENT
The Game and certain Services permit you to create and/or upload materials which you have created, such as, including but not limited to, posts, chat messages and profile content associated with your Account. Such materials are also known as “User Generated Content” or “UGC”.
We do not pre-screen, approve, endorse or own your UGC (as well as UGC of other users) which you have uploaded or made available to other users via the Game or Services. Still by uploading or making available your UGC via the Game or Services you grant us non-exclusive, transferable, sublicenseable, irrevocable license to store, publish, print, distribute, reproduce, adapt, modify, transfer and use for commercial purposes, including but not limited to use in for advertisement purposes.
If you upload or make available your UGC to other users via the Game or Services, you agree that:
a. Any part of the UGC which comprises or incorporates any of our IP rights remains our property;
b. You must not upload or make available to other users any materials that belong to third parties unless} you have been expressly authorized by such third parties to do so;
c. You must not upload any UGC which infringes the IP rights, privacy or any other rights of third parties or which is illegal or breaches these Terms of Service;
d. Your UGC must comply with all relevant legislation and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us;
e. You waive and agree not to assert any moral rights or similar rights you may have in UGC against us;
f. You are solely responsible for your UGC;
g. If you create and/or upload any UGC, you are responsible and liable for it. We may not bear any liability or responsibly for UGC, nor do we provide any support for UGC;
h. You must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us;
i. We reserve the right to edit, move, block, disable, remove (temporary or permanently) or take any other actions we consider appropriate in respect to UGC which we believe breaches any of the conditions above.
7. VIRTUAL GOODS, PURCHASES, BILLING
The access to the Game and basic gameplay features is free of charge. Still the Game may permit you to purchase premium content, including but not limited to virtual items, access to additional features, additional in-game services (herein after collectively “Virtual Goods”).
In order to purchase Virtual Goods, you need an Account.
Before purchasing Virtual Goods from us you must ensure that:
1. You either are at least 12 (twelve) years old or, if you are under age of 18 (eighteen), that your parent or legal guardian has agreed to the respective purchase and these Terms of Service on your behalf;
2. You are authorized Account holder for the Account from which you are conducting a purchase;
3. You are authorized to use particular payment details (i.e. credit card);
4. All information you submit is true and accurate;
5. You agree to pay all the fees, commissions and charges associated with your purchase.
The prices for Virtual Goods are set in Euros, US Dollars or other currency applicable to your region and are displayed either in the description of corresponding Virtual Goods or on the “Buy” button. To conduct a purchase, you should click on the “Buy” button.
After clicking on the “Buy” button you will be offered to choose a payment method and enter respective payment details. We support payments with Visa™, MasterCard™, Maestro™ debit/credit cards along with a number of other payment methods applicable to your region.
NOTE THAT WE DO NOT STORE ANY OF YOUR PAYMENT DETAILS ON OUR SERVERS.
Before you confirm your purchase by clicking on any conspicuously labelled button concluding the purchase process or by fulfilling another action (e.g. sending a message), you must carefully review your purchase details, including but not limited to: selected payment method, total price including all applicable taxes and charges. If you find any errors, you should correct them or cancel the purchase.
NOTE THAT WE DO OUR BEST TO PROCESS AND COMPLETE YOUR PURCHASES AS FAST AS POSSIBLE, BUT UNDER CERTAIN CIRCUMSTANCES WE MAY NEED UP TO 72 (SEVENTY-TWO) HOURS TO COMPLETE YOUR PURCHASE. SUCH CIRCUMSTANCES MAY INCLUDE (WITHOUT LIMITATION): YOUR INTERNET CONNECTION FAILURE AT THE MOMENT YOU CONCLUDE THE PURCHASE, ERRORS AND/OR CONNECTION FAILURES ON THE SIDE OF PAYMENT SERVICE PROVIDER, ETC.
In most cases 72 (seventy-two) hours is enough for payment services providers either to process your payment (so we can complete it) or refund full price of your purchase automatically. In case none of the above happened after the expiration of 72 (seventy-two) hours, contact our Support at: https://rj-games.zendesk.com/.
We reserve following rights in respect to Virtual Goods:
a. Offer different sets and/or prices of Virtual Goods available for purchase for different users;
b. At any time in our sole discretion modify the sets and/or prices of Virtual Goods available for any user;
c. We may decline your request to acquire Virtual Goods for any reason.
Following rules apply to Virtual Goods:
a. Virtual Goods may only be redeemed for other Virtual Goods where permitted in the Game;
b. All Virtual Goods are non-refundable and non-exchangeable (whether or not you use them), unless otherwise expressly stated in these Terms of Service or as it is required by applicable Law;
c. You cannot sell or transfer Virtual Goods to anyone, unless otherwise permitted by the Game and if such actions are carried out in special in-game interface;
d. You may only acquire Virtual Goods from us or other users of the Game via special interface inside the Game;
e. Virtual Goods cannot be exchanged for cash or any goods or services, except other Virtual Goods as permitted in the Game.
8. CONSUMER RIGHTS
The provisions of these Terms of Service do not exclude, limit or otherwise restrict the consumer rights upon relevant provisions of the applicable law.
9. TERMINATION OF THESE TERMS OF SERVICE
These Terms of Service can be terminated for good cause by you and us.
In case such a termination is prompt by the breach of obligations under these Terms of Service from our side, you have the right to refund any payments made by you for Virtual Goods, that at the time of the termination have not been used by you.
The Company return any received funds to the sender, using the same method that they were received.
In case such a termination is prompt by the breach of obligations under these Terms of Service or Community Rules from your side, we reserve the right to suspend your Account and either temporary or permanently. Permanent suspension will also mean that we close your Account and terminate these Terms of Service between you and us.
If your account is suspended (or blocked) temporary, you will not be able neither to access it nor use any of the Services for the period of suspension, which may vary from several hours to several months depending on the scale of the abovementioned breach from your side.
If your account is suspended (or blocked) permanently, you will never be able neither to access it nor use any of the Services. We may also prohibit you from accessing or using the Game or any of the Services in future.
Account suspension doesn’t grand you the right for any refunds and/or compensations even if at the time of the suspension you have had any unused Virtual Goods.
If you believe that your Account has been suspended in error, please contact our Support at https://rj-games.zendesk.com/.
You may close your Account and terminate these Terms of Service at any time without a cause by contacting our Support at https://rj-games.zendesk.com/.
NOTE THAT YOUR GAME PROGRESS AS WELL AS ALL PURCHASED VIRTUAL GOODS ARE DIRECTLY LINKED TO THE EXISTANCE OF YOUR ACCOUNT. IF YOU DECIDE TO CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF SERVICE, YOUR PROGRESS AND VIRTUAL GOODS WILL BE LOST FOREVER AND WE WON’T BE ABLE TO RESTORE THEM EVEN IF YOU CHANGE YOUR MIND IN FUTURE.
In case you choose to close your account and terminate these Terms of Service without a cause, you won’t be entitled to any refunds or compensations even if at the time of such a closure you have had unused Virtual Goods.
Please address all your questions, complaints or comments regarding these Terms of Service to our Support at: https://rj-games.zendesk.com/.
11. APPLICABLE AND GOVERNING LAW AND REGULATIONS
This Agreement is governed by the Laws of Cyprus. Any dispute arising from or related to the Sites, Games or Services shall exclusively be settled by courts of Cyprus in accordance with the laws of Cyprus exclusively.