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.
1.5. "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.
2.1. Age Restrictions
2.1.2. Artstorm may request age verification for Users at its reasonable discretion.
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.
2.2.3. 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.
2.2.5. 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.
3.1. Account Registration
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.).
3.2. 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:
if the User fails to confirm reaching the age according to paragraph 2.1 above or duly receiving parental consent;
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;
if someone else uses the User's Account to engage in activity that violates these Terms;
if Artstorm ceases offering the Services and/or their part.
3.3.2. Users can delete their Account at any time.
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.
non-exclusive: you are not the only User (licensee), and Artstorm may grant the same or different licenses to its Mobile Games to others;
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;
non-transferable: the license is granted only to you, and you cannot assign, sublicense, or transfer it to any other person or entity.
4.1.5. 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
4.3. License Limits
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;
no derivative works or reverse engineering: don't change, translate, reverse engineer, or create derivative works from the Mobile Game;
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;
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;
no paid services: don't provide in-game services, like leveling or item collection, to other Users for a fee;
no transmitting unauthorized information: don't share unauthorized information, spam, or promote malware;
no unauthorized connections: don't use or create unauthorized connections to the Mobile Game, like connecting to unauthorized servers or using unapproved software;
no mining of hidden data: don't collect Mobile Game data not intended for display during normal exploitation of such Mobile Game;
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.
6.2. The User acknowledges that:
Services contain User-Generated Content submitted by Users over whom Artstorm has no entire or overwhelming control;
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;
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;
Artstorm is not liable to any of the Users regarding any User-Generated Content you view within the Services;
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.
6.5. 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 firstname.lastname@example.org.
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);
c. otherwise is provided by applicable law as a mandatory rule.
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.
7.2.7. 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
7.3.2. 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.
7.3.5. 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.
7.3.7. 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.
7.5. 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
if we discontinue operating or distributing the Mobile Game or stop providing access to it, subject to reasonable prior notification;
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.
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.
9.4. 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.
10.2. 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.
11.3. 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.
12.1. 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.
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.
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):
15.3.2. For Users resident in the USA and Canada or otherwise make any claim against Artstorm in those countries:
15.3.3. For Users resident in Australia:
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"):