Leleka - Terms of Use

GENERAL

Changes to these Terms

In order to improve our Site and Game and to comply with the applicable legal requirements, we may unilaterally decide to change, update, modify, amend or replace these Terms. The new version of the Terms comes into force from the moment of its placement on our Site.

You agree to accept any amendments to these Terms by using the Site or Game after such amendments have been posted and you were duly notified of any major updates and changes. If we make any changes to these Terms that we deem to be material, we will provide a notice on the Site or Game or notify you by email of any changes to the Game in 15 days prior to such changes, unless such amendments are of minor nature without having a material effect on the obligations of the parties.

Also, we will not provide a notice if amendments are made due to changes in legislation, court decisions, the risk of fraud, malware, data leakage, etc. It is your full responsibility to review these Terms posted from time to time to see if they have been changed.

App Provider

In the event that you access the Game through any distribution platform (“App Provider”), you must comply with the terms of use or services of that App Provider (“App Provider’s Terms”). The App Provider’s Terms are incorporated into these Terms by reference such that a violation by you of the App Provider’s Terms shall be deemed a violation of these Terms.

When you are using the Game through the App Provider, you acknowledge and agree that: (i) these Terms are between you and us, and not with the Game Provider, and that we are responsible for providing services through the Game, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support the Game or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims that you or any third party may have relating to the Game; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the Game, and the App Provider has the right to enforce these Terms as related to your use of the Game against you.

USE OF THE SITE OR GAME

Use of the Site

On our Site you may find information on our games, their features, device requirements (if any), and your access or use of our games. We are constantly developing and improving our games, so you can agree to receive notifications on the latest updates of our games.

Provisions of these Terms relating to your access or use of the Game apply to your access or use of the Site to the extent that they reflect the functionality of the Site.

Access to the Game

You may access the Game via the Site or download the Game from the App Provider’s platform where the Game is available. You may download and play the Game for free. Following the installation of the Game, you may access the description of the functionality of the Game (if any) as well as the link to these Terms and other significant information via the menu bar.

You understand and acknowledge that the access and use of the Game depend on the stability of your connection, and the characteristics of your device. Thus, you must provide, at your own expense, the suitable equipment, Internet connections, or mobile device(s) and/or service plans to access and use the Game. We do not guarantee that the Game will be available in all geographic locations.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE GAME, YOU REPRESENT THAT YOU ARE AGE 13 OR OLDER, OR THAT YOU ARE OF ANOTHER AGE AS REQUIRED BY YOUR DOMESTIC LEGISLATION, AND AGREE TO THESE TERMS, WHICH ESTABLISH A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND US. IF YOU ARE UNDER THE AFOREMENTIONED AGE, YOU MUST ASK ONE OF YOUR PARENTS (OR OTHER LEGAL GUARDIANS) TO READ THESE TERMS AND ACCEPT IT ON YOUR BEHALF. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE GAME.

In-app purchases

Although our Game is free to download and play, we may offer you in-app purchases. Despite this, you can play the Game and access all of the features necessary to progress within the Game without making any in-app purchases.

The Game includes virtual in-game items and currency (“Virtual Items”) that can be purchased for real money. Virtual Items cannot be exchanged with us or anyone else for real money, goods, services or other items of value. Transferring, selling or buying Virtual Items outside the Game is strictly prohibited. All prices and sales of Virtual Items are final and non-refundable. Neither App Provider nor we issue refunds for completed transactions except as provided in these Terms.

By purchasing Virtual Items, you obtain only a limited, personal, revocable, non-transferable, non-sublicensable license to use Virtual Items for their intended purpose, and you agree and acknowledge that you do not own them.

We reserve the absolute right to manage, regulate, control, modify, or eliminate Virtual Items at our sole discretion at any time, with or without notice. If we do so, we will have no liability to you or any third party. Please also note that we are not responsible for any loss, damage, deletion of Virtual Items, or any actions beyond our reasonable control (such as game play interruptions or premature game termination, regardless of cause) that result in Virtual Items being spent. We have no obligation to compensate you or anyone else for any losses that may occur when you play the Game. Please be aware that you will not receive compensation for unused Virtual Items, whether your loss of license under these Terms was voluntary or involuntary.

We may also provide you with a paid option of the provision of the Game free of any third-party advertisements.

Please use the internal functionality of the Game to see and check the detailed information regarding the cost and terms of the in-app purchases. Please be informed that in-app purchases and subscriptions are subject to the payment terms and conditions of the App Provider where the Game is accessible and you make your purchase, as well as terms and conditions applicable to each payment service provider you choose. The App Provider accepts payments on our behalf and we do not control or manage the payment process. Please review the relevant terms and conditions of the applicable App Provider and payment service provider before making any in-app purchases. Additional payment processing fees may be applicable.

Game Rules

Your access, playing and other use of the Game may be subject to additional rules and policies, if any (“Game Rules”), that constitute an integral part of these Terms.

Restrictions

We reserve all the rights, title and interest in any Сontent of the Site and Game. “Content” means all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, titles, sounds, animations, artwork, source and object code displayed on or available through the Site and Game, and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation:

materials and other items relating to us and our products and services, including, without limitation, all activities, games, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation;
trademarks, logos, trade names, service marks, and trade identities of various parties, including our trademarks and other forms of intellectual property.

You are not entitled to any Content and shall only access and use it as provided herein, with regard to the restrictions below.

You hereby understand and acknowledge that you shall not:

disparage our performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of us or our employees/contractors;
reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Site or Game, including any specific functionalities the Game, install any software, file, or code while using the Game that is not authorized by us, or attempt to do so;
republish, resell, rent, sub-license, reproduce, duplicate, copy, modify or redistribute the Game or any Content;
engage in any activity that interferes with a user’s access to the Game or the proper operation of the Game;
misrepresent the source of ownership of the Game;
make the Game available to others by any means, including without limitation by uploading the Game to a file-sharing service or other type of hosting service or by otherwise making the Game available;
access or collect information from the Game using automated means (such as through scripts, robot scrapers, or spiders);
use cheats, automation software, bots, hacks or any other unauthorized software designed to modify or interfere with the Site or Game and/or any files that are part of the Site or Game;
interfere with or circumvent any security feature of the Site or Game or any feature that restricts or enforces limitations on the use of or access to the Game, any specific functionalities of our products and/or services, or its Content;
use the Site or Game for any commercial and political purposes;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial-of-service attacks, spam or any other such unsolicited overload technique;
disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or
otherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.

We reserve the right to suspend your access to the Site and/or Game or its functionalities without prior notice, if we, at our sole discretion, believe that you have engaged in any of the actions stated above or any fraudulent or abusive use, or misuse, of the Site and/or Game.

Third-party advertising

We allow third parties to display their advertisements within the Game. Third-party advertisements may be textual, graphical, visual, audiovisual and in any other forms applied. Third-party advertisements may be limited by time or by action.

You can skip third-party advertisements limited by action after the compulsory time of advertisement displaying has left by clicking the skip or close button. Compulsory time of advertisement displaying may vary depending on the agreement between a third party and us. Skip button may be located in any place on or near the advertisement. Skip button may have any other relative name and may not be named “Skip button”. You are not able to skip the third-party advertisements limited by time. Third-party advertisements limited by time end after the advertisement displaying time is over.

Third-party advertisements may be displayed every time during your use or after you have used any of the Game’s options or functions. Several third-party advertisements may be displayed in a row.

We may also propose you to voluntarily watch advertisements in exchange for a virtual reward within the functionality of the Game. However, we reserve the right to decide on the type and amounts of such virtual rewards at our sole discretion.

Third-party advertisements shall not constitute, contain or promote:

Illegal or unsafe products, services or activities or products, services, or content that exploit, mislead, or exert undue pressure on the age groups targeted;
discrimination against people based on race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition;
tobacco products and related paraphernalia;
sale or use of illegal, prescription, or recreational drugs;
sale or use of weapons, ammunition, explosives or weapon modification accessories;
sale or use of adult products or services, except for ads for family planning and contraception targeted to people 18 years or older;
nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative;
content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights;
shocking, sensational, inflammatory or excessively violent content;
content that asserts or implies personal attributes;
products or services that are designed to enable a user to engage in cheating or deceitful practices;
profanity or unappropriated slang;
deceptive, false, or misleading claims;
sale of human body parts or fluids.

Third parties are responsible for the compliance of the advertisements with the requirements provided hereinabove. We have no responsibility for the content or availability of third-party advertisements. You hereby agree to waive claims, demands or lawsuits arising out of, related to or connected with the third-party advertisements, displayed within the Game.

Registration and eligibility

Use of the Game does not require registration of the account. By downloading, installing and starting playing the Game you confirm that you are legally permitted to use the Game by the laws of your home country.

YOU RECOGNIZE AND GUARANTEE THAT YOU HAVE ALL THE APPROPRIATE RIGHTS, POWERS AND OPPORTUNITIES TO CONCLUDE AND COMPLY WITH ALL THE CONDITIONS OF THESE TERMS, AND THAT YOU WILL NOT USE THE SITE OR GAME IN A WAY THAT VIOLATES ANY LAWS OR REGULATIONS. NOTE THAT BY REPRESENTING AND WARRANTING, YOU ARE MAKING A LEGALLY ENFORCEABLE PROMISE.

Communications

We may provide you with special means of communication - communication channels(e.g. forums, chats, blogs) which enable you to communicate with other users. We have no obligation to monitor or control these communication channels and any content that you share with others. We will not under any circumstances be liable for any user’s activity within communication channels, any content users post, any actions of other users as well as for any consequences that such communications may cause. You understand that communication channels are public.

However, we reserve the right to review communication channels and materials you shared publicly and to remove any materials at any time, with or without notice for any reason, at its sole discretion, e.g. if we believe such materials infringe third party rights. We may also ban you from any communication channel at any time, without notice, for any reason, including, but not limited to other user’s complaints as to your conduct (e.g. using obscene, racist, violent, abusive language). We will also ban you if you post commercial ads, personal data of other people, or when we suspect you of committing fraud while using communication channels.

Links and integrations with third parties

The Game may contain links to and integrations with third-party services, and you agree that the Game provides links to and integrations with services solely as a convenience and has no liability for the content or availability of such services. We do not endorse such services (or any products or other services associated therewith). Your use of such services will be subject to the terms of use and conditions applicable to each such service.

We may propose to you and you may accept/approve or decline/reject the usage of additional features, provided by third parties. Such features may include, but are not limited to:

saving your game progress and synchronizing it as between other devices;
push notifications on matters related to the use of the Game, functionality of the Game, your game progress etc.;
manifesting your game progress, achievements or any other information on the Game on your social media.

You may grant us or deny access to your account within third-party services (on third-party platforms) by using their login options or installing the Game through their stores.

LIABILITY

Limitation of liability

WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR GAME. IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), BREACH OF WARRANTY, TORT OR OTHERWISE EVEN IF WE KNOW OR HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR LOSS; NOR ARE WE AND OUR AFFILIATES LIABLE FOR ANY THIRD-PARTY CLAIMS OF ANY NATURE.

The access to the Site or Game would not be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the Site shall create any warranty, representation or guarantee not expressly stated in these terms. Neither our affiliates nor we shall have any liability for any failure or delay resulting from any condition of the Game beyond our reasonable control.

It is possible that other users of the Game may post or transmit offensive or obscene materials through the Game or communication channels and that you may be involuntarily exposed to such offensive or obscene materials. We expressly disclaim any liability in this regard, while we encourage you to notify us of other users’ misconduct.

Disclaimers

OUR SITE, GAME AND ANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO THE USERS CONCERNING THE SPECIFIC QUALITY OF THE GAME, ANY OF ITS PARTS OR ANY SERVICES OR ANY PART THEREOF PROVIDED UNDER THESE TERMS. WE DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESS OF THE GAME, ANY OF ITS PARTS OR ANY SERVICES OR ANY PART THEREOF FOR A PARTICULAR USER’S PURPOSE, ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF THE GAME OR ANY SERVICES BY THE USER.

WE DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING USE OF THE SITE, GAME OR ANY FUNCTIONALITY OF THE ABOVE OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SITE OR GAME EXCEED 100.00 (ONE HUNDRED 00 CENTS) USD.

THESE LIMITATIONS OF LIABILITY STATED HEREUNDER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. NOTHING IN THIS DISCLAIMER WILL LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY, FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR LIMIT ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW.

LEGAL ACTION MAY BE TAKEN, INCLUDING, WITHOUT LIMITATION, CIVIL, CRIMINAL, OR OTHER PROCEEDINGS.

Unavailability of the Site or Game

We use reasonable efforts to provide our Site and Game on a permanent basis and without interruptions, but we expressly disclaim any liability with regard to possible unavailability of the Site, Game or some functionalities.

Our Site and Game may from time to time be interrupted, unavailable, delayed, limited or slowed due to, among other things: servers, networks, telecommunication lines and connections, hardware (including your own device) failure; software failure (e.g. bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of screening programs, unreadable codes); overload of system capacities; governmental or regulatory restrictions, court decisions or other external intervention; damage caused by natural disasters, wars, insurrection, riots, civil commotion, accident; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.

INTELLECTUAL PROPERTY

Limited license

Use of the Site or Game does not give you any ownership of, or any other intellectual property interest in the Site, Game, any Content including any specific functionalities of our products and/or services, and you cannot otherwise use the Site, Game, Content or any services we provide you without our express prior written permission.

Leleka hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access, download and install our Game on any authorized device you own and control for your non-commercial entertainment use only, provided that you are in compliance with these Terms and Game Rules if any. You agree not to modify or adapt the Game in any manner.

The license granted under these Terms remains in effect until you cease using the Game or until these Terms are terminated by you or us. Anyway, any breach of these Terms or Game Rules (if any) shall lead to immediate termination of any license granted, without notice from us.

All rights not expressly granted to you are reserved by Leleka and/or our licensors and other third parties. Except as expressly provided in these Terms or with our express prior written consent, no part of the Site, Game, any services we provide you and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of the Site, Game, any Content or any services we provide you with for any purpose is prohibited.

Ownership

All rights, title and interest in and to the Site, Game including any specific functionalities of the Game (including past, present and future versions) and any Content are owned and controlled by us and our Content is protected under the applicable laws of Ukraine and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.

DISPUTE RESOLUTION

Disputes between users

You are solely responsible for the messages or content that you share and guarantee that such communications will not be in breach of any applicable laws or regulations.

You are also solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users of the Game.

Disputes between you and us

If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you to contact us at [email protected] first to try to resolve your problem directly with us.

Restrictions

You agree that any litigation shall be limited to the dispute between you and us individually. To the fullest extent permitted by law:

no litigation shall be joined with any other;
there is no right or authority for any dispute to be resolved on a class action basis or to utilize class action procedures; and
there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Informal negotiations and mandatory litigation

You agree that to the fullest extent permitted by law the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation:

any disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; and
any claim for injunctive relief.

MISCELLANEOUS

Communication with us

If you have any troubles with the functionality of the Site or Game, you may contact us through an e-mail [email protected].

If you want to claim the infringement of any intellectual property rights or inform us on any legal or privacy matters relevant to the use of the Site or Game, you may contact us through an e-mail [email protected].

For any other matters with regards to the Site or Game, including reasonable comments, suggestions or other feedback, you may contact us through an e-mail [email protected].

If there is such available, you may also contact us on the abovementioned matters via contact form on our Site at https://leleka.games/contact.

BY CONTACTING US THROUGH AN E-MAIL OR SUBMITTING OUR CONTACT FORM ON ANY MATTER, YOU GRANT US THE UNLIMITED RIGHT, AT OUR DISCRETION, TO USE, DISCLOSE AND OTHERWISE EXPLOIT ANY INFORMATION PROVIDED TO US, IN WHOLE OR IN PART, WITHOUT ANY RESTRICTION OR COMPENSATION TO YOU. IF WE ACCEPT THE SUBMISSION OF YOUR COMMENTS, SUGGESTIONS OR OTHER FEEDBACK, WE DO NOT WAIVE ANY RIGHTS TO USE SIMILAR OR RELATED IDEAS PREVIOUSLY KNOWN TO US, DEVELOPED BY OUR EMPLOYEES, OR OBTAINED FROM SOURCES OTHER THAN YOU.

WE RESERVE THE RIGHT TO IGNORE YOUR MESSAGES OR RESTRICT YOUR CAPABILITIES WITH REGARDS TO THE COMMUNICATION WITH US OR OTHER USERS AT OUR SOLE DISCRETION.

Assignment

These Terms are concluded between you and us. No user has any rights to force us to enforce any rights it may have against you or any other user of the Site or Game.

You may not assign or transfer these Terms and any associated rights or obligations, or remedy hereunder without our prior consent. We may freely assign these Terms or subcontract our obligations without restriction.

Personal data processing

We may collect, use and disclose, if any, information collected from you as detailed in our Privacy Policy, which is incorporated by reference and made part of these Terms. You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of our Privacy Policy.

Headings

The section headings used herein are for convenience only and shall not be given any legal import.

Enforceability and governing law

The failure of us to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Terms cannot be changed or modified by you. If any provision of these Terms is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. The laws of Ukraine govern your access to and use of the Site or Game and the provisions of these Terms.

Term and termination

These Terms will remain in full force and effect as long as you continue to use the Site or Game, unless sooner terminated by us in the events as described above.