This End user license agreement (hereinafter referred to as the "Agreement") governs the relationship between the Company “Addicting Games, Inc", hereinafter referred to as "Licensor" and you, the Game Licensee (hereinafter referred to as "Licensee"), in relation to the Game.
Game is an interactive computer game online, located on the Internet at: http://bumpercars.io/ which is a computer program and a collection of data, commands and generated audiovisual images (hereinafter referred to as "data" and "commands"), activated sequentially to obtain a certain result by the Licensee provided by the Game script, without making a payment (activated data and commands) or after making a payment (non-activated data and commands). The rights to use data and commands (activated and non-activated) are granted by the Licensor to the Licensee under the terms and conditions specified in this Agreement. The Licensor is the owner of the necessary amount of rights to the Game and to all its elements, taken individually or in combination. The Licensor has the right to use, operate and distribute the Game.In order to ensure the rights and obligations of the parties arising under this Agreement, Licensee reproduces the set of data and commands predetermined by the Licensor on his computer or personal device (the "Game Client", if provided by the Game functionality), whereas the set of other data and commands (including those non-activated) or all data and commands in case of absence of the client part of the Game are hosted by the Licensor on the servers operated by him and/or third parties.
Before using the Game, the Licensee is required to review the text of this Agreement as well as all the Rules applicable to the Game and other documents freely available in the Licensee's Account on the Internet at: http://bumpercars.io/. After reviewing this Agreement, the Licensee joins (accepts) this Agreement by clicking the "Play" button or the like. The person that was authorized in the Game should be deemed to be the proper user of the Account, access to use and management of which was obtained as a result of the registration of the Account if there is no information confirming otherwise.
The Licensee obtains the right to use activated and non-activated data and commands on the terms of this Agreement. The Licensor's obligation to grant the rights to use non-activated data and commands is deemed to be performed by the Licensor at the time it reflects in-game values in the form of the in-game currency of the Game on the Licensee's Account in the Game. From this moment, the Licensee obtains the rights to use the volume of non-activated data and commands corresponding to the number of in-game values in the form of the Game's in-game currency on the terms of this Agreement. The ratio of the volume of non-activated data and commands to the number of in-game values in the form of an in-game currency of the Game is determined by the Licensor. The ratio of the amount of reward to the number of in-game values in the form of in-game currency of the Game is determined by the Licensor. Payment of the Remuneration is not a prerequisite for Licensee's participation in the Game and is carried out durante bene placito of the Licensee.
The Licensee may use the Game as follows: to participate in the Game by creating an Account and Game’s character (snake), to change the content of the Game during participation in the Game with the mandatory observance of the Game Rules; to use the activated data and commands to achieve a certain Game outcome scenario; to make changes to the Game's personal settings provided by the Licensor; This Agreement does not make a provision for the Licensee to provide reports on use of the Game.
The Licensee may not:
Distribute the Client's part of the Game or its copies for commercial or non-commercial purposes either by distributing material carriers with it or by posting it on the Internet for downloading by certain persons or an unlimited number of persons; translate the Game into other languages; distribute any elements of the Game for commercial purposes, including graphic, audio, audiovisual representations of the Game; distribute for commercial or non-commercial purposes, transfer to third parties the right to use non-activated data and commands granted to the Licensee for the Remuneration, game characters, game account and other objects not expressly permitted by the terms of this Agreement, and disseminate information on intentions to perform such actions; transfer the Licensee's rights to use the Game, to sell to other Licensees or to third parties through the conclusion of a sub-license agreement or otherwise; use the Game in other ways not provided for in this Agreement, the Game Rules and other means that go beyond the normal gameplay process, including use of Game code errors and other gaps that arise during the use of the Game by the Licensee and contrary to the principles of the Game and this Agreement; use the Game to carry out entrepreneurial and (or) other activities that bring material benefits to the Licensee, in particular, it is prohibited to place advertisements and (or) other advertisements related to business and (or) conduct other activities in the Game that bring material benefit to the Licensee; use the Account of another user; alienate and otherwise transfer the Account, acquire the Account of another user, including through exchange or gift; use automated scripts to collect information or other kind of interaction with the Game; use information of other users to send unsolicited information (spam); make available objects of intellectual property in the Game without the consent of their rightsholders; distribute personal information and personal data of third parties in the Game without their consent, including home addresses, telephones and passport details; distribute commercial offers, propaganda and any other intrusive information in the Game, except as permitted by the Licensor; distribute materials in the Game that offend or humiliate the honor and dignity of other users or third parties as well as distribute links to such materials; distribute and otherwise use obscene, abusive and offensive words and phrases in the Game, including in the User's name (nickname); host malicious programs or links to resources that contain or may contain such programs; distribute materials of a pornographic or erotic nature in the Game as well as links to them; issue threats in the Game as well as make calls for violence and other illegal actions; distribute materials with elements of violence, cruelty, racial, interethnic or interreligious strife in the Game as well as links to such materials;
publicize in the Game criminal and other unlawful activities, as well as post manuals for the commission of unlawful acts; disseminate any other information in the Game that, in the opinion of the Licensor, violates the law, morality and ethics or is undesirable; commit criminal and other unlawful acts.
The Licensee's violation of the terms of this Agreement is the basis for termination of granting the Licensee the rights to use the Game, including non-activated data and commands.
The Licensor assumes the following obligations:
arrange for the Licensee the possibility to use the right to use the Game on the terms and conditions set forth in this Agreement; notify the Licensee by publishing information on the Game Website about the changes in the terms of this Agreement; grant the Licensee the right to use activated data and commands via the Internet from the Game Website free of charge unless otherwise provided by this Agreement; grant the Licensee the right to use the non-activated data and commands for the Remuneration.
The Licensor has the right to:
at any time, unilaterally restrict, expand, modify the contents of this License Agreement and (or) the Game as a computer program without prior notice to the Licensee; suspend or modify the Game as a computer program, change the conditions for its licensing without prior notice to the Licensee; at any time modify, delete any information placed by the Licensee on the Game Website and on other domain names owned and/or administered by the Licensor, including statements and advertisements of the Licensee; at any time suspend, restrict and/or terminate this License Agreement unilaterally with respect to the Game as a computer program for any or all Licensees, including if the Licensee fails to comply with the terms of this Agreement or the Game Rules; establish and store information about Licensee's IP addresses, use the files of technical information (cookies) placed on the personal computer of the Licensee in order to collect statistical information and identify the Licensee; send information messages to the Licensee or technical information related to the Game; during the game process make remarks to the Licensees, warn, notify, inform them of non-compliance with the licensing terms as well as with the Game Rules or other terms of this Agreement. Instructions of the Licensor that have been given during the game process are mandatory for execution by the Licensee; at any time modify, supplement, edit the Game, any of its parts, including the Client’s part of the Game, without any prior notification to the Licensee; take measures not prohibited by law for the protection of own intellectual rights in relation to the Game.
Licensee uses the Licensor's Resources, the Game, including the Client’s part of the Game (if any) at its own risk. The Game and the rights to use it are granted “as is”. The Licensor is not and shall not be liable for possible unlawful actions of the Licensee or third parties. The Licensor shall not be liable for Licensee's loss of access to the Licensee's Account in the Game (loss of login, password, other information necessary for Licensee's participation in the Game).The Licensor is not responsible for the lack of Internet access for the Licensee, for the quality of the services of the Internet communication providers with which the Licensee has concluded agreements for the provision of Internet access services. The Licensor does not reimburse the Licensee for the costs associated with the payment of the Licensee's Remuneration, including in the event of the suspension or termination of this Agreement for any reason, unless otherwise expressly provided by applicable law. The Licensor is not liable for incomplete, inaccurate, incorrect designation by the Licensee of its data when creating the Licensee's Account in the Game. The Licensor shall not be liable for the loss of game values resulting from participation in the Game in the course of the game process by the Licensee. The Licensor does not guarantee that: the Game will meet the subjective requirements and expectations of the Licensee; the game process on the Licensor's Resources, as well as the grant of the rights to use the Games will proceed continuously, quickly, without technical failures, reliably and without errors; the results that can be obtained by using the Game will be free of mistakes; The Game will be available and can be used around the clock, at a particular point in time or for any period of time. The Licensor shall not be liable for the occurrence of direct or indirect damage to the Licensee or other third parties caused as a result of: the use or inability to use the Licensor's Resources; unauthorized access of any third parties to the Licensee's personal information, including the Licensee's Account or Licensee's personal account in the Game; statement or behavior of any third party made on the Licensor's Resources. The Licensor is not obliged to provide the Licensee with any evidence, documents and other evidence that the Licensee violated the terms of the Agreement as a result of which the Agreement was suspended or terminated. The Licensee understands, accepts and agrees that the Game may contain various sound and/or video effects that, in certain circumstances, may cause aggravation of ill conditions in persons prone to epileptic or other nervous disorders, and the Licensee guarantees that he/she does not suffer from these disorders and in case of these disorders the Licensee undertakes not to use the Game. The Licensee accepts and agrees that regular long-term (continuous) use of personal computer or mobile device can cause various complications of the physical condition, including impaired vision, scoliosis, various forms of neuroses and other negative effects on the body. The Licensee guarantees that he/she will use the Game exclusively for a reasonable time, with breaks for rest or other measures for the prevention of physical condition if such are recommended or prescribed to the Licensee.
The Licensee shall: to abide by the terms of this Agreement, including the Rules of the Game, without any restrictions; provide accurate information at the time of registration on the Games Website; not exceed the limits of the use of the Game as set in this Agreement; not violate in any other way the intellectual property rights of the Licensor in relation to the Game and/or any parts of the Game, in particular, the Licensee shall not copy, broadcast, send, publish, and otherwise distribute and reproduce materials (text, graphics, audio-video) contained in the Game without the written consent of the Licensor; independently take appropriate measures to ensure the security of its Accounts in the Game and prevent unauthorized use by third parties of these Accounts; confirm its data including the last name, first name, middle name, other data at the request of the Licensor in connection with the conclusion and implementation of this Agreement; comply with other requirements and fulfill other obligations provided for by this Agreement and the Game Rules.
The Licensee has the right to use the Game in the ways described in this Agreement, throughout the territory of the whole world using standard computer tools and programs within the framework of the Game functionality. Unless otherwise expressly provided by applicable law, the Licensor may at any time, without notifying the Licensee and without giving reasons, terminate this Agreement unilaterally out of court with immediate termination of access and the ability to use the Game and without refunding any costs, damages or refunds received under the Agreement , including in the case of: termination of the Game, i.e. termination of its operation by the Licensor; any, including one-time, violation by the Licensee of the terms of this Agreement or the Game Rules. The Licensor may at any time without notice to the Licensee and without explanation of reasons suspend or terminate this Agreement without refunding any costs, damages or refund received under the Agreement, including in the event of any violation of the terms of this Agreement by the Licensee or the Rules of the Game, unless otherwise expressly provided for by applicable law. The Licensee may at any time, without notifying the Licensor and without giving reasons, terminate this Agreement unilaterally out of court by deleting the Licensee's Account. The Licensee agrees and fully acknowledges that all exclusive rights to a localized (translated into appropriate language) Game, including game characters, game items and accessories, game coins, in-game values, graphics, photographs, animations, video images, video clips, sound recordings, audio effects, music, text content of the Game and other components of the Games belong to the Licensor, unless explicitly stated otherwise in the Agreement, on the Game Website or in the Game itself. The Licensee may not use certain elements of the Game outside the Game without the Licensor's written consent. This Agreement does not provide for the assignment (transfer, alienation) of any exclusive rights or the issuance of an exclusive license for any components of the Game and/or Game Resources from the Licensor to the Licensee as well as the assignment by Licensee of the rights to use the Game.
In the event that the Licensee is not allowed to use computer games online on the basis of the laws of his state or there are other legal restrictions, including age limits for admission to such software, Licensee may not use the Game. In this case, the Licensee is solely responsible for using the Game on the territory of its state in violation of local law. This Agreement may be changed by the Licensor without any prior notification. Any changes to the Agreement made by the Licensor unilaterally come into force on the day following the day of publication of such changes on the Game Website. The Licensee undertakes to independently verify the Agreement for changes. Failure by the Licensee to familiarize herself/himself with the Agreement and/or the amended version of the Agreement shall not serve as a basis for the Licensee's failure to fulfill its obligations and the Licensee's failure to comply with the restrictions set forth in the Agreement.
The invalidity of one or more provisions of the Agreement, recognized in due course by a court decision that has entered into force, does not entail invalidity of the Agreement as a whole for the Parties. If one or several provisions of the Agreement are recognized invalid in the established procedure, the Parties undertake to fulfill the obligations undertaken by the Agreement as close as possible to the manner the Parties has implied when concluding and/or coordinating the amendment of the Agreement.
For questions related to the implementation of the Agreement, please contact the Licensor: Addicting Games, Inc Suite 200, 15332 Antioch Street, Los Angeles, California 90272, USA