Rules of the Game
These Rules of the Game regulate the relations between DEVOLVE ONLINE INC., legal address Sylvan Lake, Alberta Canada and/or another person that, with the consent of Devolve Online Inc., grants you the right to use the Game (hereinafter “Devolve Online Inc.” and/or “the Licensor”), and you, the end user of the computer game Devolve Online (hereinafter “the User”), hereinafter separately referred to as “the Party” and jointly as “the Parties”.
The Rules of the Game constitute a Key Document in accordance with the License Agreement between the Licensor and you and regulate the rules for using the Game, as well as the User’s liability for breaching the Rules of the Game.
TERMS USED IN THE RULES OF THE GAME
1.1. Words and expressions in this Rules of the Game shall have the same meanings specified in the License Agreement granting a license to install and use the computer game Devolve Online (hereinafter, the “Agreement”, the “License Agreement”) unless the Rules of the Game define and/or context requires otherwise.
1.2. Content – the details, including but not limited to software, technologies, text materials, publications on forums, publications in chatrooms, mini-applications, messages, references, emails, music, audio-materials, graphic materials, photographs and video-materials, as well as layout and external attributes of the Game website and of the Game.
1.3. User materials – information materials created or uploaded by the User, including but not limited to account characters, publications on forums, publications in chatrooms, voice chat, functions for exchange of messages, information about the user, audio-visual materials, amateur literary works (including ones created by Users on the subjects of the Game), illustrative materials (including ones created by Users on the subjects of the Game), musical materials and any other information materials provided by users during gameplay.
1.4. Platform – the Game operator, namely: Devolve Online Inc. or other platforms, web-applications and social networks that are Game operators with the consent of Devolve Online Inc..
RULES FOR USING THE GAME
2.1. GAME USERS
2.1.1. If you are under 18 years of age (unless otherwise specified by the legislation of your country), please have one of your parents or legal guardians review and accept these Game Rules on your behalf before you commence using the Game. If you (or, when applicable, one of your parents or legal guardians) do not consent to these Game Rules, you are not permitted to use or access the Game or any of its components. By creating an Account or utilizing the Game, you affirm and guarantee that you are an individual aged 18 (eighteen) years or older (unless otherwise specified by the legislation of your country) or an individual whose legal guardian has accepted and consented to these Game Rules.
2.1.2. You agree that you will not consciously permit use of or provision of access to the Game by persons under 18 (eighteen) years of age (unless the legislation of the country in which you live provides for other age restrictions) unsupervised by one of the parents or the legal guardian.
2.1.3. The User agrees that the Game might include sound and (or) video-effects that, under certain circumstances, might cause epileptic or other disorders of a neurological nature in persons inclined thereto and confirms that they do not suffer from the given disorders and will not use the Game in that case.
2.1.4. If anyone in your family has previously demonstrated symptoms of epilepsy (fits or loss of consciousness) under the impact of flashing lights, see a physician before beginning to use the Game. If, during the Game, you or your child develops the following symptoms: dizziness, blurred vision, twitching of the eyes or muscles, loss of consciousness, disorientation, any involuntary movement or convulsions, stop using the Game and see a physician IMMEDIATELY.
2.1.5. The User understands, accepts, and agrees that regular long-term (continuous) use of a personal computer or other technical device might cause various physical disorders, including eyesight deterioration, scoliosis, various neuroses and other adverse effects on the body. The User guarantees that they will use the Game exclusively for a reasonable period of time, with breaks for rest and other steps to prevent any physical disruption.
2.2. TECHNICAL CONDITIONS FOR USING THE GAME
2.2.1. To use the Game, you need to create an Account.
2.2.2. To create an Account, an email address is needed; you will also be required to provide certain information. Detailed description of the information that you will need to provide, see the Confidentiality Policy, which is a Key Document. The User shall provide reliable and precise information when setting up an Account.
2.2.3. In the process of setting up the Account, you will need to give a user name and/or person for use in the Game and on the Game website. User names and persons are linked to your Account.
2.2.4. The User has the right to use the Game using the Account they set up previously according to the rules and principles established in this document and/or on the Game website.
2.2.5.If you download and use the Game with the help of your Account created by the Platform, the Licensor automatically sets up an Account for you in the Game on the basis of the data transmitted by the Platform. All the rules and instructions contained in this document also apply to an Account set up in this way. The Licensor is not liable for any problems connected with your Account on the Platform, including ones with using your Account on the Platform, and does not consider any claims in relation to the Account on the Platform.
2.2.6. Should questions arise concerning setting up an Account, please contact the Devolve Online discord channel Account-Support: https://discordapp.com/channels/1166485390203560069/1215780416095649832
2.2.7. In addition, in order to use the Game, the User needs, depending on the technical specifics of the Game, to install independently the Game Client on the PC or other device with the necessary technical characteristics or log in to the Game online or perform other required actions. The Game Client may be distributed by Devolve Online Inc. and (or) persons authorized thereby via the Internet.
2.2.8. The Game may be used exclusively in interactive (online) mode, so the User needs to ensure Internet connection.
2.2.9. The Game is used via outside platforms with which the Licensor and/or Devolve Online Inc. collaborates on a partnership basis from the relevant websites, using corresponding registration data.
2.3. OTHER CONDITIONS FOR USING THE GAME
2.3.1. In order to use the Game, in addition to accepting these Rules of the Game, the User must accept the terms of the License Agreement, the Confidentiality Policy and the Forum Rules.
2.3.2. If you do not accept these Rules of the Game or the terms of the License Agreement, the Confidentiality Policy and the Forum Rules, you do not have the right to use the Game.
2.4. ACCOUNT CONFIDENTIALITY
2.4.1. The User does not have the right to provide any other persons with their user name and/or character’s name. It is prohibited to use a user or character’s name that is used by another person, is obscene, derogatory or otherwise breaks these Rules of the Game.
2.4.2. You are required to ensure confidentiality of all information connected with your Account. You must not disclose to anyone the registration date or your Account or password. This applies equally to your friends, children, spouse, colleagues, members, and any other persons.
2.4.3. You are liable for any deeds and actions performed using your Account and for all violations of these Rules of the Game committed using your Account as a result of deliberate omission or action in relation to the information on your Account. We bear no liability toward you for any losses or harm incurred as a result of unsanctioned use of your Account, or unsanctioned access, use, amendment, adjustment and/or disclosure of your personal information as a consequence of actions or omissions in relation to information on your Account.
2.4.4. You are required to ensure protection of your Account and hardware against access by third parties. The User shall promptly notify Devolve Online Inc. and/or the licensor on the Devolve Online Discord channel, Account-Support: https://discord.gg/BMMDxPd6tQ
unsanctioned use of their Account or other security breaches;
any actual or potential use in relation to the Game of tools for gaining unlawful access to the information resources.
2.4.5. Devolve Online Inc. uses electronic and administrative methods for security purposes and to preclude unsanctioned access, use, amendments, adjustment and/or disclosure of your personal information. Even though Devolve Online Inc. applies all the requisite measures to protect your personal information, data uploaded on to the Internet and transmitted via the Internet, as well as personal information stored on the servers of Devolve Online Inc., the Platform and/ or the Licensor, as well as other servers of third parties and used for operating and servicing the Game, might be subject to attack and Devolve Online Inc. does not guarantee their safety.
2.5. GAME USER’S OBLIGATIONS WHEN USING THE GAME. Violation will result in Account suspension/removal.
2.5.1. NOT to use the contact information of other Game users for distributing undesirable information (Spam) or post Intellectual products in the Game without the consent of their right holders.
2.5.2. Not to post within the Game personal information about third parties without their consent, including home address, telephone number, passport details.
2.5.3. Not to post within the Game any advertisement, commercial offers, campaigning or any other information, unless agreed with Devolve Online Inc..
2.5.4. Not to post within the Game any materials denigrating, humiliating, or dishonoring other users or third parties or links to such materials.
2.5.5. Not to post or otherwise use within in the Game any obscene or indecent words or expressions, including using them as a user name.
2.5.6. Not to post within the Game any malware or links that might contain or do contain malware.
2.5.7. Not to post within the Game any materials of a pornographic nature or links thereto.
2.5.8. Not to post within the Game any threats, exhortations to violence or performance of illegal acts.
2.5.9. Not to post within the Game any materials with elements of violence, cruelty, racial, ethnic or religious discord or links to such materials.
2.5.10. Not to advocate or demonstrate within the Game any Nazi, extremist or other equivalent attributes or symbols or to perform any actions designed to rehabilitate Nazism.
2.5.11. Not to advocate within the Game any criminal or other unlawful activities or post instructions for performing unlawful actions.
2.5.12. Not to post within the Game any other information that, in the opinion of Devolve Online Inc., is undesirable or violates the rules of morality and ethics and (or) the effective legislation.
2.6. USE BY THE PARTIES OF THE CONTENT, USER MATERIALS, WEBSITES OF THIRD PARTIES DURING USE OF THE GAME
2.6.1. The Game contains a large scope of Content. The User accesses individual Content only online and such access depends on the scope of the rights to use the Game granted to the User by the License Agreement.
2.6.2. The Content and all intellectual property rights thereto belong to Devolve Online Inc. and/or the Licensor.
2.6.3. Rights to use the Content are granted to the User in connection with the provision thereto of the rights to use the Game within the scope set by the License Agreement and these Rules of the Game. The User does not have the right (without the Licensor’s written permission):
2.6.3.1. to copy or download Content from the Game or part thereof (other than within the scope of the right to use the Game envisaged by the License Agreement).
2.6.3.2. to distribute, publicly reproduce or demonstrate, lease out, sell, transfer, publish, copy, create derivatives, lease, sublicense, disseminate, decompile, disassemble, reverse engineer, or otherwise use the Content by any unsanctioned method.
2.6.3.3. to use the Content for commercial purposes (i.e., to gain a profit).
2.6.3.4. to delete, conceal or amend notices of copyright, patents, trademarks and other ownership rights posted in the Content.
2.6.4. Devolve Online Inc. provides the User with the Content in the process of use by the User of the Game in observance of the following conditions and specifics:
2.6.4.1. User has an access to the content within the region of purchase.
2.6.4.2. The User receives the Content only from Devolve Online Inc. and/or persons authorized thereby; it is prohibited to receive or try to obtain the Content from third parties.
2.6.4.3. Devolve Online Inc. reserves the right to refuse to satisfy a request (requests) from the User to acquire Content and the right to restrict or block requests to acquire or receive Content at its own discretion, given relevant grounds, in particular technical problems and/or legal restrictions, such as under the legislation on protection of copyright, the criminal legislation, the legislation on protection of the rights of minors, etc.
2.6.4.4. Devolve Online Inc. does not guarantee constant access to any Content in all countries and/or geographical regions or any relevant time; nor does Devolve Online Inc. guarantee that it will continue to offer specific Content for a determined time (unless otherwise stated during use of the Game).
2.6.4.5. The Content to which the User gains access is not subject to return or exchange for other Content or cash, goods and services, unless otherwise envisaged by the Rules of the Game or of the Game.
2.6.4.6. Devolve Online Inc. has the right to make periodical amendments or updates to the Content.
2.6.5. The User has the right to create user websites in relation to any of the Games of Devolve Online Inc. in observance of the conditions set forth in these Rules of the Game.
2.6.6. On some Game websites, Devolve Online Inc. specially indicates separate Content (such as images, graphic images and illustrative materials and trademarks belonging to Devolve Online Inc.) as intended “for use on user websites”. In these Rules of the Game, specially indicated Content is called “Content for user websites”.
2.6.7. Rights to use the Content are granted to the User for reproduction and subsequent distribution of the Content on user websites in observance of the following conditions:
2.6.7.1. You confirm and agree that Devolve Online Inc. retains ownership rights to the Content for user websites and is entitled to make changes, delete, supplement, or otherwise modify it at any time.
2.6.7.2. you agree to include notices of trademarks, copyrights and other ownership rights of Devolve Online Inc. and/or its authorized persons if Content for user websites is shown, if Devolve Online Inc. so demands, and by the means selected by Devolve Online Inc. for this purpose.
2.6.7.3. you agree to observe the instructions for using the Content and/or the Game furnished from time to time by Devolve Online Inc..
2.6.7.4. you do not have the right to delete or change any identifying information or information about management of copy rights provided together with copies of the Content for user websites, including in digital format, or to challenge the ownership rights of Devolve Online Inc. (or those of third parties) to the Content for user websites.
2.6.7.5. you do not have the right to use or utilize trademarks that are confusingly similar to the Content for user websites.
2.6.7.6. it is prohibited to publish on user website any denigrating or illegal materials or materials that violate the right of third parties or cause (or might cause) harm to the reputation of Devolve Online Inc. or of the Game.
2.6.7.7. unless expressly permitted in these Rules of the Game, you are prohibited from leasing, leasing out, reproducing, amending or translating the Content for user websites into other languages, adapting (including, among other things, literary texts or images) or otherwise using the Content without the direct written permission of Devolve Online Inc..
2.6.7.8. you do not have the right to use or attempt to use the Content for user websites or commercial purposes or to gain a profit (such as by selling subscriptions to your user website) without the direct written permission of Devolve Online Inc..
2.6.8. If the User fails to observe the conditions of these Rules of the Game regarding the procedure for using the Content, Devolve Online Inc. reserves the right to close the User’s Account or terminate use of the Game by the User.
2.6.9. Users create, download and use User materials at their own risk. If you download or provide other users with your User materials by means of use of the Game, Devolve Online Inc. does not control, monitor, approve or possess your User materials and you authorized Devolve Online Inc. to store and provide such user materials within the scope gameplay.
2.6.10. In relation to User materials created by your or User materials you wish to provide to other users, you agree and undertake to observe the following conditions:
2.6.10.1. any part of the User materials that includes intellectual property of Devolve Online Inc. belongs to Devolve Online Inc.;
2.6.10.2. you are prohibited from downloading User materials belonging to other persons without relevant permission from the right holder;
2.6.10.3. you are prohibited from downloading User materials violating the intellectual property rights or Confidentiality Policy or other rights of third parties, as well as ones that are illegal or break these Rules of the Game;
2.6.10.4. you waive the right to lodge claims against us in relation to your personal non-property or analogous rights to the User materials;
2.6.10.5. you bear personal liability for your User materials; Devolve Online Inc. does not make any preliminary check on all the User materials and does not approve, confirm or conduct a preliminary checks on the User materials you or other users might provide during gameplay;
2.6.10.6. you are prohibited from announcing or assuming in any way that the User materials have been approved, are support by or connected with Devolve Online Inc.;
2.6.10.7. The User materials must comply with the applicable legislation and must not contain materials considered to be insulting, denigrating or illegal or that might damage the reputation or image of Devolve Online Inc.;
2.6.10.8. you bear full liability for all the User materials you create; in certain circumstances, Devolve Online Inc. has the right to assume obligations and liability in relation to User materials; Devolve Online Inc. does not provide any support in connection with the User materials;
2.6.10.9. if, in the opinion of Devolve Online Inc., User materials used or downloaded by you violate any of the given conditions, Devolve Online Inc. has the right to delete, block, edit, move or switch off such User materials;
2.6.10.10. if you violate any of the given conditions, Devolve Online Inc. reserves the right to suspend or close access to your User materials and to take any other measures it deems advisable.
2.6.11. The Game may include hyperlinks to websites administered by third parties, including advertisers and other providers of information materials. Such sites might collect data or request person information from you. Devolve Online Inc. does not control such websites and is not liable for their information materials, Confidentiality policy or procedure for gathering, using and disclosing any information received thereby.
LIABILITY OF THE USER FOR BREAKING THE RULES OF THE GAME
3.1. If you break these Rules of the Game, Devolve Online Inc. and/or the Licensor has the right, at is justified discretion and depending on how serious the breach is, to adopt certain or all of the below measures:
3.1.1. to suspend your Account for a short time determined at the discretion of Devolve Online Inc. and/or of the Licensor;
3.1.2. to suspend your Account for a longer period determined at the discretion of Devolve Online Inc. and/or of the Licensor;
3.1.3. to terminate your Account and cancel the License Agreement.
3.2. In the event of a first, not gross and repairable violation, if permitted by the circumstances, Devolve Online Inc. and/or the Licensor will grant you 14 (fourteen) calendar days to eliminate it, otherwise Devolve Online Inc. and/or the Licensor will send you a notice of impending closure of the Account.
3.3. If Devolve Online Inc. and/or the Licensor suspends access to your Account, you will be unable to log in to your Account or to use the Game for the relevant period. If Devolve Online Inc. and/or the Licensor closes your Account and cancels the License Agreement, you will no longer be able to log in to your Account; Devolve Online Inc. and/or the Licensor also has the right to prohibit for you access or use of the Game in the future.
3.4. Devolve Online Inc. and/or the Licensor may also suspend your access to the functions of the Game Chat, in which case, for the relevant period, you be able to play the Game and read the Game Chat of other players, but not participate in the Game Chat yourself.
3.5. Devolve Online Inc. and/or the Licensor closes your Account and cancels the License Agreement only for weighty reasons, when Devolve Online Inc. and/or the Licensor considers temporary measures to be inadequate. Such reasons might include, for instance, gross violation of these Rules of the Game, the Forum Rules or the Confidentiality Policy, as well as multiple violation of these Rules of the Game, the Forum Rules, the Confidentiality Policy or any of these documents. Analogous terms might be applied in the event of a gross violation or multiple violation of (i) the License Agreement or (ii) individual Rules of Game.
3.6. If, in your opinion, Devolve Online Inc. and/or the Licensor has suspended or closed your Account in error, please contact the Devolve Online Discord channel Account-Support: https://discord.gg/BMMDxPd6tQ
AMENDMENTS AND ADDENDA TO THE RULES OF THE GAME
4.1. 4.1. The Rules of the Game may be amended by Devolve Online Inc. unilaterally. A notice of amendment of the Rules of the Game is published on the Game website and (or) sent to the User’s attention by email to the address indicated thereby when setting up the Account.
Use of the Game or authorization in the Game following publication of the announcement and (or) dispatch of the notice of amendment of the Rules of the Game as described above means consent by the User to the amendments introduced into the Rules of the Game. The User is not released from obligations stipulated hereby in consideration of the amendments made hereto if the User failed to acquaint themselves with the changes to the Rules of the Game.
4.2. The User does not have the right to use the Game if they disagree with the amendments introduced into the Rules of the Game.
In this case, the User has the right to cancel the Agreement unilaterally within ten (10) calendar days of the amendments to the Rules of the Game being published on the Game website and (or) the relevant notification sent by email. If the User decides to cancel the Agreement, they shall send Devolve Online Inc. and/or the Licensor a notification of cancellation of the Agreement by email. If, within the above ten (10) calendar day period, the User does not express their wish to cancel the Agreement, the User is deemed to have accepted the conditions hereof in consideration of the amendments made to the Rules of the Game.
After receiving the User’ notification of cancellation, Devolve Online Inc. and/or the Licensor suspends the User’s access to the Account. Devolve Online Inc. and/or the Licensor does not refund any money and does not make any other reimbursements, including losses of any kind.
CONTACT DETAILS
5.1. In the event of any questions, claims or comments arising in relation to these Rules of the Game, please contact the Devolve Online Inc. Discord Account-Support: https://discord.gg/BMMDxPd6tQ