WE STRONGLY RECOMMEND THAT YOU CAREFULLY READ THESE TERMS AND CONDITIONS. BY VISITING THE WEBSITE "SURVARIUM" OR USING IT, YOU AGREE TO THE OBLIGATIONS STIPULATED IN THIS DOCUMENT. IF YOU DO NOT AGREE WITH ALL TERMS AND CONDITIONS, YOU MUST REFRAIN FROM USING THE WEBSITE.
Company Spawnpoint Limited thanks you for visiting our Website. This document is the User agreement ("Agreement") contains the terms and conditions governing access to and use of our Website, which is located at: www.survarium.com and partially regulates access to the game "Survarium" and all components, functions, software and services offered and provided by the company Spawnpoint Limited by means of the Website.
By accepting the terms of this Agreement, you confirm that you are of legal capacity in accordance with the laws of the state of your residence, you are not prohibited from receiving gaming services online, and there are no other restrictions in your country's legislation, including age limits for admission to such services. For persons under the age of majority (legal capacity), the Agreement is considered to be concluded with their legal representatives (parents, guardians).
Basic terms and definitions
"Website" - a set posted on the Internet web pages united by a common theme and/or design and a single address domain survarium.com providing the User access to the Service including participation in the Game.
"Forum" - part of the Website intended for additional Users' communication and discussion of events related to the Game.
"Service" - a set of components such as a Website, Game, function, content, software and services offered via the Website.
"Game" - an online multiplayer first person shooter (MMOFPS) "Survarium", which is the computer program that includes the Client part of the Game, components, functions, game resources, including all additions and updates to the Game and also the server part of the Game's software. User participation in the Game is held interactive (online) mode, by installing the Game's Client on the User's personal computer and by connecting User via the Internet to the game resources of the Company. The Game is Free-To-Play (free software), which means that the User is granted the right to use the Game by participating in the Game without paying monthly fees and without any other obligatory payments, which are necessary for participation in the Game and/or advancement in the gameplay. The Company holds the necessary rights for the Game and all its elements, taken separately and as a whole.
"The Game Client" is software that is required for your participation in the Game and has to be installed on your personal computer. The Game Client is installed on your personal computer by yourself. The Game Client is distributed by the Company and/or authorized by the parties through the Internet.
"Materials" - Website, Game, Software, and any part of the Services, features, content, including, but not limited to any of the User accounts, titles, computer codes, files, game software, client and server software, tools, audio tracks, updates, pictures, themes, objects, characters, names, slogans, themes, location, concept, illustrations, designs, graphics, images, video, animation, sounds, music, composition, sound recordings, audiovisual effects, information, data, documentation, applets, chat protocols, information about the character, gameplay, scenario, records.
"Beta-version" - the version of the software product prior to commercial release of the software product. It's available on special conditions for testing and finding bugs.
"Legislation" - the law of the country that is the country of registration (institutions) of the Company, as well as the legislation of the country of citizenship (registration) or permanent location of the User.
"Forum rules" – integral part of Agreement governing rules of participation and User behavior on the Forum, restrictions on the activities of the User, and the User's liability for breaching these rules and violation of the restrictions.
"Company" and the words "we/us/our" refer to the company Spawnpoint Limited.
"User" and the words "you/your" refer to the physical person, the visitor of the Website and / or player of the Game. The User is a party to the Agreement.
1. General provisions
1.1. This Agreement governs the relationship between the Company and the User, it is the official document that defines the rules for using the Website, Services, rights and obligations of the Company, the rights and obligations of Users of the Website.
1.2. The moment you have completed your registration on the Website or the Service signifies that you have become a party to this Agreement and that you accept all terms, without any reservations and exceptions and you accept them as legally binding. All the Website activity and information about it shall be governed by this Agreement.
1.3. The agreement can be changed without any prior notice. The new Agreement comes into force from the moment of its publication on the Internet at the address http://survarium.com/en/user-agreement unless otherwise provided in the revised Agreement. You agree to regularly read the terms of the Agreement, in order to have an idea of all the innovations, changes and additions. By continuing to use any part of the Service after making changes in the Agreement, you confirm the recognition of the updated terms. If you do not agree with the amended terms, you must discontinue using the Service and/or its elements.
1.4. This Agreement does not supersede any additional terms that may apply when you use a certain part of the Service. If the content of this Agreement is contrary to one or more provisions of any other agreement, terms or conditions, the predominant power is of this Agreement.
2. Description of the relationship2.1. We provide the registered Users access to the Game based on the "free-to-play" model, and to related components, functions, and services accessed through the Website, it may be a community forum or other interactive services. To enter the Game, you may need to download and / or install the Game Client, which entails the need to use certain hardware and software, as well as access to the Internet.
2.2. We provide you with free basic access to the Service, but some additional features and components of the Game or the Service in general, aimed at improving the gameplay can remain unavailable until you meet certain conditions for granting access to features and components.
2.3. By accepting this Agreement you acknowledge and understand that any additional functions and features are incremental and are due to Service access. You can't use them and your rights in using such features will be limited, if for any reason you will not be able to access the Service. You agree that the Company or its related parties may not be held liable for the lack of access to features and components or be obliged to compensate for damages or losses incurred in this cause, and you realize that you shall be solely responsible for compliance with all requirements necessary for use of the Service and additional features and components.
2.4. You agree that we are not responsible for hardware, software, or your access to the Internet, payments speed, which occur when obtaining the rights to use the premium features and components of the Service. In some cases, to use a particular part of the Service you, at your own expense, must comply with the technical requirements listed at the following url: https://support.survarium.com/index.php?/en/Knowledgebase/Article/View/117/0/survarium-system-requirements. Otherwise, elements of such Services will not be available to you.
3. The creation and use of the Account
3.1. For you to be able to use some Website resources, you must complete the registration process, your personal Account will be created.
3.2. To create your Account you must be at least 13 years old. If you have reached 13 years of age but have not reached the legal age for signing contracts in the jurisdiction which you are resident and/or 18 years of age, it is essential that you have read the Agreement in the presence of your parents or legal guardian/custodian.
3.3. When creating your Account, you agree to provide true, accurate, current and complete information that should be entered in the appropriate fields, and to maintain its relevance, credibility, accuracy, and completeness.
3.4. After you have created your Account, you are the only person who is responsible for it. If the characteristics of the Account violate one or another part of the terms of this Agreement, we can immediately disable it without prior notice or your consent. In exceptional cases, when a formal Agreement is not broken, but in our opinion the name of the Account needs to be changed – we can do this without your explicit consent.
3.5. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with the Account you use to access the Service. You will be solely responsible to the Company for all activities that occur under your Account. If you become aware of any unauthorized use of your Account, you agree to immediately notify our Customer Support Department.
3.6. We may terminate your Account at our sole discretion, in case you have not been using it within twelve months after the date of its creation or during a continuous period of twelve months. On the termination of your Account we will notify you by e-mail. Within one month after receipt of the notification, you can inform us of your intention to keep your Account and at our sole discretion we may not remove it.
4. Ownership rights. Intellectual property rights
4.1. The company owns intellectual property rights for the Website, Forum, Game, and other components of the Service (including, but not limited to, any User Accounts, titles, computer codes, files, games software, client and server software, tools, audio tracks, updates, themes, objects, characters, their names, slogans, themes, locations, concepts, illustrations, designs, graphics, images, video, animations, sounds, music, musical compositions, sound recordings, audiovisual effects, information, data, documentation, applets, chat protocols, information about the character, gameplay and scenario, records, game related questions, actions in the game), which is protected by the current Legislation, including copyright laws.
4.2. You can use elements of the Website for personal, noncommercial use only, provided you retain all the copyright, related rights, trademarks (trademarks, trademarks for goods and services), including cases when you received consent from our Customer Support Department.
4.3. You guarantee that all intellectual property rights for the materials accommodated by you on the Website, belong to you legally. You assume full responsibility for the accommodation of materials, the distribution of which is prohibited by Law.
4.4. You guarantee that in the case of claims to the Company and/or lawsuits related to the breach of the guarantees provided in this Agreement, you will assume the obligations of their settlement on your behalf and shall bear the liability for these claims and/or lawsuits independently and at your own expense. If the trial will lead to the satisfaction of the claims and/or lawsuits of third parties against us, you agree to reimburse all losses incurred by us and other expenses caused by such a breach.
4.5. In case you plan to remodel, modify, or create derivative works of any kind on the basis of our Materials that are our property you agree that you do not have any rights for the results of such changes, and that all rights to them belong exclusively to the Company.
4.6. You transmit to us on a Pro Bono basis, since the moment of creation, without any restrictions and compensation all rights that you may have for the results of such changes and alterations. This transfer includes, but is not limited to, worldwide copyrights for the effects of such changes and the right to be a plaintiff in cases of violations that were committed in the past or will be committed in the future.
4.7. By accepting this Agreement you grant the Company exclusive, perpetual, active around the world, the absolute right to create, use, sell, offer for sale, import or otherwise use, publication, quote, adapt, translate, storage, reproduce, modify, create derivative works, integrate, license, print, sublicense, distribute, broadcast, livestream, or any other way of public demonstration of the results of such changes or any part of them, in any way, in any form, without notification, remuneration or compensation to you. You waive and agree not to assert any rights that you may have for the results of such changes, if it is possible under applicable Legislation.
5. Other sites and third party content
5.1. The website may contain links to other sites, articles, photographs, illustrations, graphics, information and other content belonging to or originating from third parties.
5.2. We are not responsible for any information posted on third party websites to which you have access through the Website.
5.3. Link to any website, product, service, or any information of a commercial or non-commercial nature, posted on the Website, does not mean that we approve or recommend these products and services from our side.
5.4. If you access third party sites, you do so at your own risk and this Agreement is not valid for any third party sites.
6. The rights and obligations of the Company
6.1. The Company has the right:
6.1.1. to modify the design of the Website and/or its contents at any time with or without notifying the Users;
6.1.3. to delete your Account in cases provided by section 9 of this Agreement;
6.1.4. to send messages (including e-mail, sms and so on) that contain promotional information about the Service, the Game or materials thematically associated with them;
6.1.5. to fully or partially reduce the functionality of the Website, Materials on technical, preventive or other reasons at our sole discretion;
6.2. The Company is obliged:
7. The rights and obligations of the User
7.1. The User has the right:
7.1.1. to set up Account, change username and password to access it;
7.1.2. to post, add, and edit your Account and User profile information about yourself;
7.1.3. to post message on the Forum;
7.1.4. to carry out other not prohibited by Law or this Agreement actions related to your use of the Website or Service.
7.2. The User is obliged to:
7.2.1. to indicate credible information at the time of registration;
7.2.2. to take the necessary measures to ensure the confidentiality of the credentials (login and password) used to access the Account;
7.2.3. do not use the Website for any commercial purposes without prior permission from the Company;
7.2.5. not to use any software, bugs, defects for the purpose of obtaining unauthorized access to the Service or to obtain unfair advantages, including over other Users;
7.2.6. not to engage in the following actions:
a) sell, resell, transfer, give, pass on credit, engage in any another form of commercial use of the Service, Website or Materials owned by the Company;
b) distribute, publicly perform or publicly display any Materials owned by the Company except the normal use of the Game;
c) modify, adapt, alter, improve the Game, game content or other Materials owned by the Company, or their parts thereof;
d) use software to collect or take away information;
e) download (other than page display cache) any portion of the Materials owned by the Company, or any information contained therein, except as expressly provided by the Website's intended function;
f) use Services or Materials different from the traditional accepted method;
g) confuse other Users regarding your identity;
h) copy, translate, publish, decompile, to do engineering analysis, disassemble or convert the Website (source code of the Website) or make any attempt to gain access to the source code of the Website to create derivative works based on the source code of the Website or otherwise;
i) download, store, publish, distribute, provide access to or otherwise use any information, tools and/or materials that:
1. contain threats, discredit, insult, defame,slander a personal or business reputation, or violate the privacy of other Users or third parties;
2. are vulgar or obscene, contain profanity, or contain pornographic images and texts or scenes of a sexual nature involving minors;
3. contain scenes of violence or inhumane treatment of animals;
4. promote and/or incite racial, religious, ethnic hatred or enmity, or advocate the ideology of fascism, communism or racial superiority, contain negative statements about any country/people/religion/politics, humiliate national dignity, including on grounds of national origin or political beliefs;
5. contain violent materials;
6. promote criminal activity or contain tips, instructions or guidance on committing criminal acts,
7. contain restricted information;
8. contain advertisement;
9. contain fraudulent information;
10. contain personal data of individuals, images of third parties without their prior consent, except in the cases provided by Legislation;
11. contain viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, and also serial numbers for commercial software products and programs that generate them, login details, passwords and other means to gain unauthorized access to paid resources on the Internet, as well as posting links to such information;
12. disrupt the normal operation of the Website and/or Services;
13. violate the intellectual property rights of the Company and/or third parties.
8. Beta testing
8.1. After submitting the application for participation in the Beta test you may be given such opportunity. Your participation as a Beta tester must comply with the conditions below.
8.2. Taking part in the Beta test, you are aware of the fact that the components of the Game and/or Website may contain certain bugs, may not work properly or may not perform all required functions and/or may conflict with the functioning of other software applications and may cause errors, loss of data, or other difficulties.
8.3. You will conduct the testing personally and will not grant access to the Beta version of the Game to any other person.
8.4. We invite you to play the Game as a Beta tester, only for estimation of characteristics of the Game and bugs detection. No provisions contained in this Agreement, or provided on the Website or through the Service, may not be construed as the ones that grant you any right or privilege of any kind with respect to subsequent versions of the Game or content that you find.
8.5. Beta version of the Game is provided for testing "as is". We give you absolutely no guarantees regarding the Game. You are aware that you play the Beta version of the Game at your own risk.
8.6. You acknowledge that the Beta version of the Game may include known or unknown bugs, and that we assume no obligations to you regarding the Beta version of the Game.
8.7. Playing the Beta version of the Game, you have the right to earn in-game currency (gold, silver), experience points, equipment or other in-game achievements. You should be aware that such data can be at any time reset during the testing process, when the Game fully passes a certain stage of testing. In this case, the whole log files and User data can be erased and the User will return to the original status.
9. Grounds for Account deletion
9.1. We have the right to block or delete your Account in the following cases and at our sole discretion without prior notice or User consent. The main reasons for the deletion or blocking of your Account:
- you have provided false information about yourself or if we have reason to believe that information provided by you is incomplete or incorrect;
- you have not used your Account for 12 consecutive months.
9.2. You may terminate your Account by sending us a notification. Such action will be deemed as a termination of this Agreement and the User agreeing to no longer use the Website and/or related services.
9.3. If your Account is terminated, you are not granted any compensation. We do not convert in-game currency in cash and we do not provide any other form of compensation. Your access to your Account is ceased.
10.1. We are not responsible for possible failures and interruptions in the operation of the Website and/or Services and the loss of information as a result. We are not responsible for any damage to your computer, mobile devices, any other equipment or Users' software.
10.2. We are not responsible for any compromised passwords by third parties, and any acts committed with the use of your Account.
10.3. You are responsible for any illegal activities that occur under your Account, as well as in connection with the placement of Materials using your Account on the Website.
10.4. You are personally responsible for any Material or other information you upload to the Website or otherwise publish through the Service.
10.5. You are ready to reimburse the Company or any third party for any damages incurred due to your actions, including, but not limited to, violation of this Agreement, intellectual property rights or other rights.
11. Limitation of liability
We shall not be liable, in any circumstances, for any direct, indirect or incidental damages, including, but not limited to, lost profits, downtime, data loss in connection with the use or inability to use the Service, or any other content, as well as any functions, components, services or materials from third parties, which are presented within the Service or through it, including, but not limited to, any damages resulting from or caused by reliance on the information obtained from us or our related parties or partners or resulting from errors, delays, viruses, defects or delays in transmission or failure, regardless of whether they are due to communication failure, theft, disruption or unauthorized access to the Service.
12.1. You understand and agree that the Service and its elements are provided on an "as is" without warranty of any kind.
12.2. The company, a subsidiary of the company, our employees, shareholders, related parties, employees or agents disclaim all other warranties, including, but not limited to:
- warranties of MERCHANTABILITY, fitness;
- guarantees meet your expectations;
- guarantees the absence of errors, viruses, bugs or other harmful components, or defects;
- guarantees continuity and regularity of work.
13. Final provisions
13.1. This Agreement shall enter into force from the date of acceptance and shall be valid for an indefinite time.
13.2. In the event you breach the terms of this Agreement, the Company shall be entitled to refuse the execution of this Agreement unilaterally.
13.3. Matters not regulated herein, shall be determined in accordance with the Law of Ukraine. Disputes related to the conclusion, execution and termination of this Agreement, subject to review by the appropriate court of Ukraine, in accordance with the substantive and procedural law of Ukraine.
13.4. If the final judgment of a court of competent jurisdiction declares that any of the provisions of the present Agreement is invalid, the rest of the Agreement shall remain in full force.
13.5. Rights and responsibilities of the Parties arising from the wording of previous versions of the Agreement which are presently null and void shall be treated in accordance with the provisions of the active (actual) wording of the Agreement, unless otherwise appears from the nature of the relations between the Parties.
THANK YOU FOR TAKING THE TIME TO READ THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE IMMEDIATELY STOP USING THE SERVICE. IF YOU HAVE ANY QUESTIONS OR SUGGESTIONS - PLEASE CONTACT SUPPORT AT: https://support.survarium.com
BATTLEYE END-USER LICENSE AGREEMENT
This License Agreement ("Agreement") is made between you (the "Licensee") and BattlEye Innovations e.K. (the "Licensor"). The terms of this Agreement apply to all current and future versions and updates of BattlEye anti-cheat software ("BattlEye").
By installing, enabling or using BattlEye, Licensee agrees with all the terms of this Agreement. Licensor reserves all rights not specifically granted and transferred to Licensee.
Licensee understands, acknowledges and agrees with the following:
Licensor grants Licensee a non-exclusive and non-transferable license to use BattlEye for non-commercial purposes only. Licensee therefore does not own BattlEye, Licensor remains the owner of BattlEye.
Licensor provides BattlEye on an "as is" basis without warranty of any kind. Licensor neither guarantees the correct, error-free functioning of BattlEye nor is Licensor responsible for any damage caused by the use of BattlEye.
Licensee may not decompile, disassemble, reverse-engineer, modify or redistribute BattlEye in any way.
BattlEye will automatically, without notice to Licensee, download and install updates from time to time.
BattlEye may scan Licensee's entire random access memory (RAM), and any game-related and system-related files and folders on Licensee's system using cheat-program-identifying algorithms, report results of such algorithms to other connected computers and/or to Licensor and store such information for the sole purpose of preventing and detecting the use of cheat programs. BattlEye only scans and/or reports data which absolutely needs to be scanned and/or reported to meet this purpose.
BattlEye may further report and store Licensee's Internet Protocol address, game account name and identifier, in-game nickname, and system-related and hardware-related information including, but not limited to, device identifiers and hardware serial numbers.
Licensor values Licensee's privacy and does its utmost to protect it at all times. BattlEye does not report any personally identifiable information or personal data except for any information/data specifically mentioned herein.
Licensor stores all information collected by BattlEye on servers located in Europe and/or the US. Licensor may share the information with its partners and/or affiliates.
Licensee acknowledges that the invasive nature of BattlEye is necessary to meet its purpose and goal of preventing and detecting cheat programs.
Licensor is allowed to terminate the license at any time for any reason and without notice to Licensee.
This License Agreement constitutes the entire agreement between Licensor and Licensee and supersedes any prior statements.