ja

Terms of Use

Last Updated: 07/01/2023

The Artstorm Terms of Use ("Terms of Use") govern the relationship between you and Artstorm FZE, a company registered in Umm Al Quwain, United Arab Emirates, under license No. 8375 at Office Number 320, Third Floor, One UAQ Building, Umm Al Quwain, U.A.E. ("Artstorm" or "we" or "us") regarding your use of Services (as defined in Section 1 below), including but not limited to the Artstorm s mobile games and websites.

These Terms of Use include our Privacy Policy and other legal notices incorporated herein by reference.

By using this website or downloading any of Artstorm's mobile games from app stores, you accept the following Terms of Use. If you do NOT agree to all these Terms of Use, please do NOT use this website or download and play any of our mobile games.

The Terms of Use are written in English and can be translated into other languages at the discretion of Artstorm. However, the English version is legally binding and takes precedence in case of contradictions between the English version and its translation.

IMPORTANT NOTICE: SECTION 15 OF THESE TERMS CONTAINS BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT AFFECT YOUR RIGHTS REGARDING HOW TO RESOLVE DISPUTES. PLEASE READ PARAGRAPH 15.4 CAREFULLY BEFORE ACCEPTING THESE TERMS OF USE. EXCEPT FOR CERTAIN TYPES OF DISPUTES, YOU AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND ARTSTORM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. DEFINITIONS

1.1. "Account" means a personal Artstorm account registered by the User to use the Services.

1.2. "Artstorm Support Service" refers to the customer support service provided by Artstorm or authorized third parties on behalf of Artstorm to offer end-user support services. Users can contact the Artstorm Support Service via the support portal

1.3. "Service/Services" means any Artstorm's digital product, e.g., Website, Mobile Games, or other services, including any available information or content. Content may include any intellectual property, e.g., databases, trademarks, software, text, design, graphics, video-/audio materials, films, messages, pictures, architecture, etc.

1.4. "User" means the user of any Service. The User can also be referred to as "you" or "your" in these Terms of Use. If you do not agree to these Terms of Use, you should not use any of the Services, and, at the same time, you cannot be deemed a User in the meaning of this definition.

1.5. "Website" means any website operated by Artstorm. The term "Website" includes, in particular, the official Artstorm's website available at https://artstorm.com.

1.6. "Mobile Game(-s)" means any of the mobile videogames published or licensed by Artstorm to Users according to the license specified in Section 4 hereof on any platform (iOS, Android, etc.), including but not limited to Modern Warships mobile game.

2. USE OF SERVICES

2.1. Age Restrictions

2.1.1. The Services are not available to Users under 16 years old (or whichever other age may be required to accept this document according to the laws of your country of residence), except with parental or legal guardian consent for their child's use. By accepting the Terms of Use and utilizing the Services, you confirm that you are at least 16 years old. Artstorm may adjust or restrict the Services for Users of different ages in compliance with local laws. Parents or legal guardians must supervise their Accounts to limit minor access, denying access to those under 16 years old. You assume full responsibility for any Service usage by minors associated with your Account and bear sole responsibility for minors using your payment methods (e.g., PayPal, Facebook Credits, or credit card).

2.1.2. Artstorm may request age verification for Users at its reasonable discretion.

2.2. General Terms of Use

2.2.1. Certain Services may be unsuitable for those with epilepsy, seizures, or other conditions necessitating health precautions. Users must determine if Services pose a risk to their health and cease using them if so. Consult medical professionals before engaging with the Services.

2.2.2. Users who Artstorm previously banned for violating the Terms of Use may not use the Services.

2.2.3. Services may be updated or altered without User consent or notification. Artstorm reserves the right to cease providing Services at any time, permanently or temporarily, without compensation or refund.

2.2.4. In some countries, Services might be unavailable. Artstorm holds the right to restrict Service access in particular regions. In such cases, the Terms of Use are deemed non-applicable in these areas. Consequently, no obligations shall arise in these situations.

2.2.5. Artstorm may provide free technical support for Services at its discretion or when reasonable. Users acknowledge that technical support, maintenance, or other factors may cause Service inaccessibility and outages, which are considered typical and do not impact Service quality.

2.2.6. Artstorm is not required to provide specific support or maintenance related to Services unless mandated by applicable law. However, Artstorm will attempt to assist Users with issues or questions about the Services. In addition, Users can contact Artstorm Support Service, providing necessary information for problem resolution in a timely manner.

2.2.7. Services may include links to third-party websites, which are not under Artstorm's control, and Artstorm is not responsible for their content. Links are provided for convenience without endorsement, and Users should review third-party terms and conditions and privacy policies before using their websites.

2.2.8. Users must keep all correspondence with Artstorm confidential. Information received from Artstorm, such as technical, customer, or other support, is confidential and should not be disclosed publicly or to third parties without explicit permission from Artstorm.

2.3. System and Technical Requirements

2.3.1. The User independently provides himself/herself with technical devices for accessing the Mobile Games, bears the costs related to the organization and use of the global Internet, application stores, and platforms, and also independently pays any additional taxes and fees connected with such access.

2.3.2. Artstorm is not responsible for the correct and uninterrupted operation of the Mobile Games on devices that do not meet the technical requirements for the operation of the Mobile Games.

2.4. Patches, Updates, and Modifications

2.4.1. To maintain high-quality services and user experience, Artstorm may need to update and modify Mobile Games periodically that may result in mandatory updates, so that the older versions of Mobile Games might not work until updated.

2.4.2. Artstorm reserves the right to alter the Mobile Game's software code, affecting its functionality and content, including adding or removing features, fixing bugs, or making balance changes.

2.4.3. Please note that some updates may demand higher technical requirements, increased device resource consumption, or may lead to decreased performance or lower settings. Therefore, by agreeing to the Terms of Use, you understand that not updating the Mobile Game may make it inoperable, and the Terms of Use will be on hold until the update is applied.

3. USER'S ACCOUNT

3.1. Account Registration

3.1.1. Generally, to access the Services Users need to create an Account and supply the information as outlined in Artstorm's Privacy Policy.

3.1.2. In specific cases, Users may log in through a third-party system if permitted by the Mobile Game functionality (for example, via Facebook Login, Sign in with Apple or Google Sign-In authorization options).

3.1.3. A "guest (demo) account" may be available for certain Mobile Games if expressly allowed by Artstorm. This limited account is for demonstration purposes and does not include a separate username or password. Authorization is provided through the device used (mobile phone, tablet, etc.).

3.1.4. Users are solely responsible for providing accurate information and keeping it up-to-date in accordance with Privacy Policy. Users are prohibited from providing information related to third parties, false identities, or any information that violates third-party rights or applicable laws.

3.2. Account Usage Rules

3.2.1. Users shall not create multiple Accounts.

3.2.2. Users are responsible for keeping their Account credentials confidential and preventing unauthorized access. They must immediately notify Artstorm of any breach or misuse of their Account.

3.2.3. Users cannot sell, rent, exchange, or give away an Account.

3.2.4. Services and Accounts are only intended for non-commercial, personal, and lawful use.

3.2.5. Users acknowledge that they have no ownership or proprietary rights in the Account. Artstorm provides access to the Account solely to deliver Services.

3.3. Account Deletion

3.3.1. Artstorm may, at its discretion, deactivate or delete the Account without any notice in the following cases:

  1. if the User violates any provision of Terms of Use or there is any reasonable suspicion of the User's failure to comply with them;

  2. if the User violates the spirit or intent of the Terms of Use, in particular, attempts to bypass or manipulate the Terms of Use, Mobile Game rules (if applicable), game mechanics, or any other< policies set by Artstorm;

  3. if the User fails to confirm reaching the age according to paragraph 2.1 above or duly receiving parental consent;

  4. if the User exercises one of their data subject rights according to Privacy Policy (for example, right to restrict processing, right to erasure), making maintenance of the Account by Artstorm impossible;

  5. if the User makes improper use of Artstorm Support Service or other support services, including by submitting false reports or using profane and abusive language in your communications;

  6. if someone else uses the User's Account to engage in activity that violates these Terms;

  7. if Artstorm ceases offering the Services and/or their part.

3.3.2. Users can delete their Account at any time.

3.3.3. Deactivation or deletion of an Account, either by the User or Artstorm, leads to terminating the Terms of Use. Artstorm is not required to provide refunds, benefits, or other compensation if the User requests Account deletion.

4. LICENSE

4.1. Grant of License

4.1.1. Artstorm hereby grants you the right to store, download, install, execute, and display the latest version of the applicable Mobile Game client for the compatible platforms specifically designed for the Mobile Games, solely for the purpose of playing the Mobile Games.

4.1.2. This license relates only to the Mobile Games client that Artstorm intentionally made available for download, installation, and launch. You are not permitted to store, download, modify, or use any part of the Mobile Game that does not constitute its client, including but not limited to any backend part (server-side) of the Mobile Games and In-Game Content (please refer to paragraph 7.1 of the Terms of Use for more information on the usage of In-Game Content in Artstorm's Mobile Games). The license allows you to interact with non-client parts only as technically enabled by Artstorm within the Mobile Games, and Artstorm reserves the right to change the methods of such technical interaction.

4.1.3. The license granted to you under the Terms of Use is:

  1. non-exclusive: you are not the only User (licensee), and Artstorm may grant the same or different licenses to its Mobile Games to others;

  2. for personal use only: you can use the Mobile Game only on your device (used primarily for personal purposes and by you), and your use of the Mobile Game explicitly excludes any commercial or non-personal use;

  3. limited: you can use the Mobile Games only for the purposes and by means provided in the Terms of Use;

  4. revocable: Artstorm can terminate the license in certain instances, as outlined in Section 8 of the Terms of Use;

  5. non-transferable: the license is granted only to you, and you cannot assign, sublicense, or transfer it to any other person or entity.

4.1.4. Mobile Games are licensed, not sold. This means you do not acquire any property or other rights to a digital copy of any Mobile Game unless otherwise mandated by applicable law. You are also not granted any rights that are not expressly stated in the Terms of Use.

4.1.5. You do not have the right to and may not create derivative works of any Mobile Games or any portions thereof. All modifications or enhancements to the Mobile Games remain the sole property of Artstorm.

4.2. License Term and Territory

4.2.1. The license starts when you accept the Terms of Use and lasts until it is suspended or terminated, as stated in Section 8.

4.2.2. You can use the Mobile Game worldwide unless Artstorm specifies otherwise on the official Website, the Mobile Game client, a physical copy, or other means. Artstorm can change the license territory according to paragraph 2.2.4 of the Terms of Use.

4.3. License Limits

The license provided to you in the Terms of Use comes with specific limitations. If you violate these limitations, Artstorm reserves the right to terminate your license. You agree to avoid the following actions:

  1. no transfer: don't sell, lend, rent, sublicense, share, or transfer the Account, Mobile Game or any part of it to others or let them benefit from using it;

  2. no derivative works or reverse engineering: don't change, translate, reverse engineer, or create derivative works from the Mobile Game;

  3. no harmful use: don't modify server code, exploit flaws in the Mobile Game, use automation software, or unauthorized third-party software, damage or disable servers, or engage in cyberattacks;

  4. no circumventing: don't try to bypass or manipulate the Mobile Game, its mechanics, or the rules set out in the Terms of Use;

  5. no commercial use: don't use the Game or parts of it for commercial purposes, including, but not limited to: (1) to interact with or facilitate commercial advertising or commercial offers, or (2) to transfer In-Game Content by means other than explicitly provided by the Mobile Game or other Artstorm Services;

  6. no paid services: don't provide in-game services, like leveling or item collection, to other Users for a fee;

  7. no transmitting unauthorized information: don't share unauthorized information, spam, or promote malware;

  8. no unauthorized connections: don't use or create unauthorized connections to the Mobile Game, like connecting to unauthorized servers or using unapproved software;

  9. no mining of hidden data: don't collect Mobile Game data not intended for display during normal exploitation of such Mobile Game;

  10. Terms of Use limitations: don't use the Mobile Game in a way that goes against the Terms of Use, like using inappropriate usernames, sharing offensive content, or posting abusive information.

4.4. Additional Platform Terms

4.5.1. You are solely responsible for ensuring compliance with the policies applicable to third-party platforms (such as Apple App Store or Google Play) and any accounts on them. Please refer to the specific platforms terms provided in the annex hereto.

4.5.2. In any case, such third-party platforms shall not be responsible for any breach of the Terms of Use or any omissions by Artstorm. The purpose of the Terms of Use is not to alter any existing agreements between you and third-party platforms; the terms of such agreements will always supersede the Terms of Use in matters related to the utilization of those platforms and their intellectual property.

4.5.3. Be aware that Artstorm is committed to fulfilling the requirements imposed by third-party platforms, allowing you to access the Mobile Games through these channels. Consequently, Artstorm might need to revise the Terms of Use to meet the requirements of third-party platform regulations.

5. INTELLECTUAL PROPERTY

5.1. All rights to the Services and associated intellectual property rights, including ownership, are held by Artstorm or are provided by Artstorm with proper authorization. Unless otherwise specified in the Terms of Use, Artstorm grants the User a license under the conditions specified in Section 4 hereof.

5.2. If the User wants to access certain Services, such as Mobile Games, they must accept the Terms of Use, which govern the usage of these Services. Users must not engage in any activities that infringe upon Artstorm's intellectual property rights or use any part of the Services for unintended purposes.

5.3. You acknowledge that the Mobile Games contain various components protected by intellectual property and trade secret laws. You also understand that Artstorm commercially operates Mobile Games at its discretion. Artstorm may employ technical measures (e.g., DRM tools, anti-cheat solutions) to prevent unauthorized usage to safeguard its intellectual property and other rights. These measures ensure compliance with the Terms of Use and verify the authenticity of the Mobile Games.

6. USER-GENERATED CONTENT

6.1. These Terms of Use apply to your posting and sharing of any words, pictures, images, data, video, information, or any other media you upload, post, or share via Services ("User-Generated Content").

6.2. The User acknowledges that:

  1. Services contain User-Generated Content submitted by Users over whom Artstorm has no entire or overwhelming control;

  2. it is impossible for Artstorm to fully and effectively moderate, oversee or monitor the Services, in particular, to monitor whether any User-Generated Content infringes the copyright or any other legal right of a third party;

  3. Artstorm does not undertake to permanently oversee, monitor, or pre-moderate any of Services and cannot, therefore, guarantee the accuracy, integrity, or quality of any particular User-Generated Content;

  4. ome Users may breach these Terms of Use and post User-Generated Content that is misleading, untrue, or offensive. The User accepts all risks associated with their use of the Services and shall not rely on User-Generated Content in making (or refraining from making) any decision;

  5. Artstorm is not liable to any of the Users regarding any User-Generated Content you view within the Services;

  6. Artstorm does not control or monitor all the User-Generated Content posted by Users but reserves the right to do this (whether via moderation by the Services or through technical methods) or to delete, move or edit any of your User-Generated Content without any notice to you.

6.3. You hereby grant us, and our licensees, distributors, partners, agents, representatives a perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use such materials on any territory specifically for the purposes of use in a Mobile Game or in connection with a Mobile Game without further notice to you and with or without attribution to you.

6.4. Users must ensure they have the right to provide such materials and that these materials do not violate any rights or interests. Artstorm does not claim any ownership rights in User's materials. Nothing in these Terms of Use should be construed as limiting any User's rights to use and exploit the User's materials.

6.5. Artstorm does not verify the User's rights to submitted materials, nor their originality, and assumes no responsibility for their content. Users access other Users' materials at their own risk. For any concerns regarding objectionable content, please contact Artstorm Support Service.

6.6. If the User contravenes any of these rules, Artstorm reserves the right to suspend or permanently remove the availability of the User-Generated Content and to take any other steps considered appropriate.

6.7. Artstorm reserves the right to remove any User-Generated Content without notice.

6.8. If you wish to complain about information and materials uploaded by other Users or about false removal or blocking of User-Generated Content submitted by you, please contact us at info@artstorm.com.

ATTENTION! ARTSTORM DOES NOT APPROVE OR ENDORSE THE USER-GENERATED CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARTSTORM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM, THIS USER-GENERATED CONTENT TERMS OF USE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES; HOWEVER, SUCH DAMAGES ARE CAUSED AND WHETHER BY CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL INSTRUMENT. THE PRECEDING LIMITATIONS APPLY REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES, OR EXPENSES.

7. PAID SERVICES

7.1. In-Game Content and Related Charges

7.1.1. Artstorm's Mobile Games typically come at no cost (unless indicated by Artstorm or its distribution partners). No matter the distribution method (paid, free, or otherwise), Artstorm usually offers the option to acquire additional in-game data for "real world" money to expand or refine your gaming experience. These in-game data include virtual currency (credits, gold coins, coins, or other virtual currency in the corresponding Mobile Game), downloadable expansions, characters, digital in-game items (vehicles, weaponry, mounts, gear, etc.), along with skins, consumable goods, and other features affecting gameplay and enjoyment (collectively, "In-Game Content"). In-Game Content constitutes an integral part of the relevant Game, and the license covers its use to the same extent as the Game, including all applicable limitations. In-Game Content designed for one Mobile Game is not transferable to other Mobile Games, except when expressly authorized by Artstorm.

7.1.2. In-Game Content made available through the Services is licensed, not sold. Specific In-Game Content's usage and method may be determined by game mechanics or gameplay objectives of the corresponding Mobile Game.

7.1.3. Payments made (whether in the form of virtual currency or "real world" money) for In-Game Content are non-refundable and non-exchangeable, except when:

a. Artstorm expressly and unambiguously agrees to the refund or exchange the In-Game Content (e.g., swapping virtual currency for other In-Game Content within limits set by the applicable Mobile Game);

b. otherwise is provided by the Terms of Use;

c. otherwise is provided by applicable law as a mandatory rule.

BE AWARE THAT ARTSTORM DOES NOT ISSUE REFUNDS IN SITUATIONS INCLUDING, BUT NOT LIMITED TO, ACCOUNT DELETION OR ITS OTHER EXPIRATION, LICENSE CANCELLATION, OR ANY TERMINATION OF TERMS OF USE FOR WHATEVER REASON.

7.2. Charges and Billing

7.2.1. Users agree to pay all fees (including applicable taxes) incurred by the User or anyone using the User's Account. Artstorm may revise the pricing for products and services offered through the Service at any time.

7.2.2. Users must provide accurate personal and financial information when making online purchases through the Services, using legitimate payment methods. Artstorm reserves the right to cancel any transaction and report suspicious activity to the appropriate authorities.

7.2.3. All purchases made through the Services are non-refundable regardless of the payment method, except as provided under the applicable law and paragraph 7.6 below. The User assumes full responsibility for confirming that the phone, computer, or other device has the proper software and is compatible with the products, applications, or services purchased, downloaded, or otherwise obtained through the Services.

7.2.4. Purchases made through third-party platforms ("Platforms") are subject to the terms and conditions of those platforms. Artstorm is not responsible for transactions or payment methods provided by third-party platforms. Artstorm does not handle transactions or collect banking details. Users must comply with the Platforms' terms and conditions. Any objections or claims regarding transactions should be directed to the Platforms.

7.2.5. The purchase of In-Game Content becomes final immediately after you click the relevant confirmation button while finalizing the purchase. However, please pay attention that your transaction may be delayed due to technical issues, including on the Platform's side.

7.2.6. The personal data regarding your transaction is being processed according to our Privacy Policy.

7.2.7. Users are responsible for any taxes, fees, duties, or other governmental charges associated with purchasing, using, or disposing of In-Game Content. Violations of tax requirements may lead to penalties or criminal convictions. Artstorm may collect applicable taxes or charges, as well as fees charged by Platforms, when required by law.

7.3. Purchasing, Activating, and Transferring In-Game Content

7.3.1. Artstorm retains the right to reject or void orders for In-Game Content if an order breaches the Terms of Use or is explicitly forbidden by Artstorm.

7.3.2. Certain In-Game Content may be available only within specific regions. In case you reside in a restricted territory, transactions are not permitted. Artstorm also reserves the right to modify prices for any or all regions or establish varying prices across different regions.

7.3.3. Using a VPN or other technology to bypass or deceive your current location is strictly forbidden and violates the Terms of Use. In the event of such a violation, Artstorm reserves the right to suspend or delete the User's Account.

7.3.4. Depending on the Mobile Game's functionality and subject to these Terms of Use, some In-Game Content may be limited in quantity.

7.3.5. From time-to-time Artstorm may distribute promotional In-Game Content through various marketing and promotional activities or other methods, issuing activation codes or keys. No direct payment is required for the obtained In-Game Content in such instances. The rules of the corresponding promotional campaigns or activities regulate the usage of such In-Game Content. Users are prohibited from disseminating any medium (activation codes, keys, or others) that enables the retrieval of In-Game Content for free during the relevant activity.

7.3.6. Redeeming In-Game Content is only allowed as outlined by Artstorm in the Mobile Game or through other authorized means. Redeeming In-Game Content through unauthorized methods is strictly prohibited and represents a material breach of the Terms of Use.

7.3.7. We do not guarantee that we will continue to offer particular In-Game Content for any particular length of time.

7.3.8. In-Game Content cannot be sold, transferred, assigned, redeemed, or exchanged for cash. Moreover, you are not permitted to co-own In-Game Content with another individual (or an entity or any third party) or create a security interest.

7.4. No Value and Balance Changes

7.4.1. Users can redeem virtual currency and other In-Game Content (whether exchangeable within the Mobile Game or not) for other In-Game Content (or, in some cases, in-game services). Virtual currency, despite its name, cannot be redeemed for any amount of money, goods, services, or other value (from Artstorm or other parties) >except as provided by Mobile Game functionality or explicitly and unambiguously permitted by Artstorm or required by applicable law.

7.4.2. In-Game Content does not expire unless otherwise stated or provided by Artstorm (for example, in the Mobile Game). Users may consume, spend, or lose In-Game Content (including virtual currency) during gameplay.

7.4.3. The User irrevocably and unconditionally confirms and acknowledges that In-Game Content has no cash or other material value. Neither Artstorm nor any other person or entity has the right or obligation to buy, sell, rent, exchange, give, distribute, or dispose of In-Game Content for any value (real currency) or for free, unless specifically and expressly approved or consented by Artstorm, or provided in the Terms of Use.

7.4.4. The User acknowledges and agrees that when receiving a license for In-Game Content, the User acquires the right of access to certain digital content and the right to use specific digital content, limited by in-game mechanics, balance settings, and other features or functionality of specific In-Game Content within the Mobile Game (which may be modified periodically). The User acknowledges and agrees that changes in characteristics, design, or functionality of In-Game Content should not be interpreted as altering such characteristics as performance, condition, and quality of the In-Game Content provided under these Terms of Use.

7.4.5. The provisions of this Section 7 do not exclude, limit, or modify any consumer warranties provided by applicable law as a mandatory rule. Otherwise, such provisions shall be considered void and non-applicable, save for the other provisions of the Terms of Use.

7.5. Incorrect Information and Transactions

In the event of a technical or other error, whether in pricing, description, order confirmation, order processing, delivery, functioning, or other aspects of any In-Game Content, Artstorm reserves the right to correct such error and, if necessary, revise your order accordingly (including correcting the description or price) or cancel the order.

7.6. Refund Policy

The User acknowledges and agrees that we distribute our Mobile Games and In-Game Content through online application stores and distribution platforms, including but not limited to the Apple App Store and Google Play. Some online application stores may offer the option to cancel and obtain a refund for any purchase made on their platform in accordance with their respective refund policies and terms of use. Please note that, if permitted by applicable law or the respective app store's terms of use, you may seek a refund through the relevant online application store. Please note that if such online application stores or distribution platforms deny your refund, there is nothing more we can do.

8. Suspension, Termination, or Cancellation

8.1. Termination by User: You can terminate the Terms of Use immediately by permanently ceasing to use the Mobile Games and deleting them from your device.

8.2. Termination by Artstorm: We reserve the right to suspend or permanently terminate the Terms of Use (which also means restricting your access to any of our Mobile Games) in the following cases:

  1. if you materially breach the Terms of Use;

  2. if your Account is suspended or deleted based on the grounds provided in the Terms of Use;

  3. if we discontinue operating or distributing the Mobile Game or stop providing access to it, subject to reasonable prior notification;

  4. on other grounds as provided by the Terms of Use;

8.3. In the case of license termination as stated in this Section 8, or on other grounds provided by the Terms of Use, we will not have any future obligations or liabilities to you.

8.4. When done by Artstorm, license termination takes effect immediately unless otherwise explicitly indicated by Artstorm or required by applicable law as a mandatory rule.

8.5. License termination does not affect any obligations and liabilities of you and Artstorm that emerged and existed before the termination.

8.6. Please note that termination of the Terms of Use or suspension of the license leads to consequential license termination or suspension.

9. USER'S CONDUCT

9.1. When using the Services, the User is NOT allowed to do the following:

9.2. Please note that the list of prohibited actions above is not exhaustive. Artstorm determines the consequences of violating the User conduct rules on a case-by-case basis, at its sole discretion, which may include deactivating or deleting the User's Account. Users can object to Artstorm's decision by contacting the Artstorm Support Service and providing sufficient evidence of non-violation.

9.3. In the event of a violation of the Terms of Use, or if your behavior is inconsistent with these Terms of Use, we reserve the right, at our reasonable discretion, to impose the following sanctions based on the severity of the violation or inappropriate behavior:

  1. suspend access to in-game chat functionality;
  2. require renaming of your username or editing other Account information;
  3. limit the number of server connections and duration of each connection within a specific timeframe;
  4. suspend or restrict your access to any Mobile Games where rules were violated;
  5. temporarily limit certain Account functionalities;
  6. suspend or delete your Account;
  7. impose additional penalties as deemed appropriate;

9.4. Please note if we choose to delete your Account, you will never be able to access it anymore. In such a case we have a right to prohibit you from accessing our Games in the future. Artstorm independently decides on the violation and the applicable sanctions.

10. SERVICE TESTING

10.1. Artstorm may grant the User a limited, non-transferable, non-exclusive, revocable right to use test versions of Services to identify issues and help improve their functionality. User participation in Service testing is subject to the Terms of Use. Testing may include alpha and beta tests, which are confidential, as outlined in paragraph 10.4 below.

10.2. Tests are free and personal, and sharing access (or the right to access) to the Services with third parties is forbidden. Any information (including comments, ideas, or other feedback) obtained or provided by the User during closed tests is strictly confidential. The User must not disclose any Service-related information obtained during closed testing, including functionality, gameplay, and plot information. The User must also refrain from sharing screenshots, screen recordings, information about errors, streaming gameplay, or disclosing any other information about the Services. This confidentiality agreement is indefinite or as long as permitted by applicable law.

10.3. Test versions of the Services may be withdrawn at any time at Artstorm's discretion, and the User's progress, achievements, in-game items, and other data may be lost. Service testing is provided on an "AS IS" basis, and Artstorm offers no warranty of any kind, neither express nor implied, to the User.

10.4. During closed testing, the User is prohibited from sharing or disclosing any information about the Services, such as features, functionality, gameplay, and plot. Users are also forbidden from publishing or sharing with third parties any screenshots or screen recordings containing closed Services, information about discovered errors, streaming gameplay in real-time, or any other actions that disclose information about the Services. This confidentiality agreement remains valid indefinitely or for the longest period allowed by applicable law if indefinite validity is not permitted. The User acknowledges that a breach of confidentiality could cause irreparable harm. Artstorm is entitled to full compensation for any damage incurred as a result of such a violation.

11. WARRANTY DISCLAIMER AND INDEMNIFICATION

11.1. The Services are used at the User's own risk and with the agreement that the User will be solely responsible for any damage to the User's device, loss of data, or other harm that results from such activities. Artstorm does NOT make any warranties regarding the Services unless otherwise expressly specified in these Terms of Use, including, without limitation, Services being accessible, risk-free, fit for a particular purpose, error-free and suitable, and unharmful for User's health and well-being. Contractors, agents, dealers, or distributors of Artstorm or any other third party shall not have a right to modify this limited warranty or make any additional warranties unless Artstorm agrees to it in writing.

11.2. The User will indemnify and keep indemnified Artstorm and its agents, employees, directors, successors, assignees, and licensees from and against any and all claims, liabilities, losses, costs, and damages (including legal fees and expenses) arising directly or indirectly in connection with or related to User's conduct or violation of the Terms of Use.

11.3. In no event shall Artstorm or any of its affiliates be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information, or business interruption), under any theory of liability, resulting from, arising out of or in connection with the use of or inability to use the Services or the content, products, service, the statements or actions of any third party on or through the Services, any unauthorized access to or alteration of your transmission or data, any information that is sent or received, or not sent or received, any failure to store data, any loss of data, loss or damage to files, content, and/or any Services available, even if Artstorm has been advised of the possibility of such damages. This limitation shall not apply to liability for a death or a personal injury to the extent the applicable law prohibits such limitation. Furthermore, as some jurisdictions do not allow or limit the exclusion or limitation of iability for consequential or incidental damages or do not allow the exclusion or limitation of implied warranties, the above limitation may not apply in particular circumstances.

12. HEALTH PRECAUTIONS

12.1. You understand and agree that the audiovisual content of the Mobile Game may aggravate epileptic and other neurological disorders. If you tend to such diseases, we strongly recommend you consult your doctor before playing our Mobile Games or refuse to play; Artstormis not responsible for any direct or indirect consequences of playing a Mobile Game in such a situation.

12.2. You also acknowledge that continuous playing can lead to excessive fatigue that can provoke certain diseases, including impaired vision, various forms of spinal deformities, neuroses, and other health disorders. You are independently responsible for keeping track of the time spent while playing our Mobile Games, organizing breaks/rest, taking proper position while playing, and undertaking other precautions to keep your health safe.

13. DEMO ACCESS

From time to time, Artstorm may provide certain Users of Artstorm's choice access to a particular Mobile Game or to an Account intended solely for launching and playing the Mobile Game for a short time specified by Artstorm and typically without charging any fee for such access (the "Demo Access"). However, Artstorm does not guarantee to Demo Access holders the safety of their game progress, In-Game Content, or the possibility of transferring their demo account data to their personal Account.

14. MISCELLANEOUS

14.1. The Terms of Use are legally binding upon all Users and constitute a written agreement between the User and Artstorm.

14.2. The Terms of Use may be updated and changed from time to time at Artstorm's discretion. In the event of non-material modifications, it is the User's responsibility to acquaint themselves with the changes by reviewing the updated Terms of Use. In instances of material alterations, Users will be notified in accordance with established procedures, such as sending a notice to the email address associated with their registered Accounts. If the User continues to use the Services after a change or update, this constitutes the User's acceptance of the amended Terms of Use.

14.3. Should the User have a dispute with Artstorm, the Terms of Use apply in the version when Artstorm receives a relevant notice from the User.

14.4. The User shall not assign any rights or obligations under the Terms of Use to third parties. However, Artstorm reserves the right to assign its rights and obligations under the Terms of Use to any third party at its sole discretion. In case of an assignment, Artstorm will update the Terms of Use.

14.5. The provisions of the Terms of Use (or any of their integral part) are severable, and invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remainder of the Terms of Use. If any provision of the Terms of Use is held invalid, illegal, or unenforceable in any respect for any reason, this shall not affect any other provision, and the Terms of Use shall be construed as if such invalid, illegal or unenforceable provision was not a part of the Terms of Use that shall be carried out as nearly as possible in accordance with the original terms and intent.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1. The Terms of Use and any claims or disputes arising out of or in connection with them are governed by the laws of the Republic of Cyprus, except for the cases below.

15.1.1. For residents in the USA and Canada, any dispute arising out of or related to the Terms of Use shall be governed in all respects by the laws of the State of California, USA, without regard to conflict of law provisions (especially, United States Federal Arbitration Act regulating interpretation and enforcement of the agreement to arbitrate and no class actions provisions).

15.1.2. For residents in Australia, any dispute arising out of or related to the Terms of Use shall be governed in all by the applicable laws of Australia.

15.2. In the event of any dispute arising out of or in connection with these Terms of Use, You and Artstorm shall negotiate such dispute within 60 calendar days following the receipt of a written notice of dispute. Such written notice must be sent physically by mail to the address of Artstorm stated in the preamble of these Terms of Use and electronically to the email address info@artstorm.com, and must contain the following information: (1) the full name and contact information of the claimant and its representative (if any); (2) description of the nature and basis of the claim and dispute; (3) description of the performance requested from Artstorm according to and in connection with the claim.

15.3. If the dispute cannot be resolved by negotiation (as prescribed in paragraph 14.2), to the extent permitted by applicable law, all disputes shall be resolved by binding confidential arbitration.

15.3.1. For Users resident in the European Union and elsewhere in the world (except for the USA, Canada, and Australia):

  1. You may use the Online Dispute Resolution platform offered by the European Commission as an out-of-court alternative to resolve disputes. Arbitration in such cases shall be initiated in the Out-of- court Dispute Settlement Body for Consumers and Entrepreneurs e.V. (Außergerichtliche Streitbeilegungsstelle für Verbraucher und Unternehmer e.V.) in Germany (Hohe Straße 11, 04107 Leipzig), which decision shall be binding, subject to the procedure prescribed by the Regulation on consumer Online Dispute Resolution (ODR), as stipulated by EU Regulation No 2006/2004 and Directive 2009/22/EC, as of the date of commencement of a dispute (more information at: https://ec.europa.eu/consumers/odr). The language of the arbitration shall be English;
  2. Any legal claim or dispute (if it is impossible to apply the provisions of the paragraph above concerning the arbitration) You may file against Artstorm must be resolved exclusively by a court located in Cyprus.

15.3.2. For Users resident in the USA and Canada or otherwise make any claim against Artstorm in those countries:

Any legal claim, dispute, or other controversies between You and Artstorm arising out of or otherwise relating in any way to Terms of Use shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association ("AAA") (Binding Arbitration). AAA's rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Use and AAA's rules and procedures, then we will follow these Terms of User. The arbitration shall be initiated in San Francisco, State of California, USA. You and Artstorm agree to submit to the personal jurisdiction of that court to compel arbitration, to stay the proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The language of the arbitration shall be English. You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court. The arbitrator's award shall be final and binding on you and Artstorm and may be entered as a judgment in any court of competent jurisdiction.

15.3.3. For Users resident in Australia:

Any legal claim, dispute, or other controversies between You and Artstorm arising out of or otherwise relating in any way to Terms of Use shall be resolved in accordance with the applicable Australian laws (e.g., brought in local small claims court).

NOTE: You expressly agree that in terms of claims and disputes not subject to the arbitration agreement above (or if such arbitration cannot be applied for whatever reason), exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use shall be the state courts of the Republic of Cyprus, and You expressly consent to the exercise of personal jurisdiction of such courts.

15.4. CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT NO OTHER DISPUTES SHALL BE JOINED OR MERGED WITH YOUR DISPUTE, WHETHER IN A CLASS ARBITRATION OR OTHERWISE. YOU AND ARTSTORM AGREE THAT THERE IS NO RIGHT OR AUTHORITY TO ARBITRATE ANY DISPUTE ON A CLASS-ACTION BASIS OR TO CLASS-ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE SUBMITTED AS REPRESENTATIVE OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION MAY BE COMBINED WITH ANY OTHER ARBITRATION.

ANNEX #1. SUPPLEMENTAL TERMS. APPLE APP STORE ADDITIONAL TERMS

The following additional terms and conditions apply to the Games available on any Apple, Inc. iPhone, or iPad personal devices ("Apple"):