Accord

License Agreement

This document represents an offer of Overmobile LLC (hereinafter referred to as “Licensor”) to conclude a license agreement (hereinafter referred to as “Agreement”) on the use of the game software “Destroyers” (hereinafter referred to as “Game”), located at http://mrush.fr and including computer programs and databases that make up the Game in the basic version (activated data and commands) and software components that expand its functionality (non-activated data and commands), on the terms and conditions set forth below.

1. General Provisions

1.1. Your use of the Game in any way and in any form within its stated functionality, including:

downloading a basic version of the Game into the memory of your user device or activating data and commands that expand its functionality;
viewing materials placed in the Game;
registration and/or authorization in the Game;
placing or displaying in the Game any materials, including but not limited to: texts, hypertext links, images, audio and video files, information and/or other information,

creates a license agreement (hereinafter referred to as the “Agreement”) on the terms and conditions of this Agreement in accordance with the provisions of Articles 437 and 438 of the Civil Code of the Russian Federation.

1.2. A prerequisite for the conclusion of the Agreement is the unconditional acceptance and compliance by the User of the requirements and provisions applicable to the relationship between the Parties, defined by the following documents (hereinafter - “Mandatory Documents”):

1.2.1. Rules of the Game, posted and/or available on the Internet at: http://mrush.fr/rules1_all, including general requirements and restrictions in the Game, as well as game sanctions established for violations;

1.2.2. Forum and Chat Rules, available on the Internet at the address: http://mrush.fr/rules2_all, including general requirements for the use of the Forum and messaging in the chat room as a part of the Game;

1.2.3. Privacy Policy, posted and/or available on the Internet at http://mrush.fr/rules3_all, and containing the rules of provision and use of personal information, including personal data of the User;

1.3. The binding documents form an integral part of this Agreement and contain the material terms of the Agreement.

1.4. By using any of the above opportunities to use the Game you confirm that:
а) You have familiarized yourself with the terms and conditions of this Agreement, including the terms and requirements of the Mandatory Documents, in full prior to using the Game.
b) You accept all the terms and conditions of this Agreement, including the terms and requirements of the Mandatory Documents, in full without any exceptions or limitations on your part. You may not use the Game on any other terms. If you do not agree to the terms of this Agreement or are not authorized to enter into this Agreement, you should immediately cease all use of the Game.
c) You enter the Game voluntarily, without the influence of fraud, violence, threat or malicious agreement of your representative with Licensor.

d) You fully understand and accept that the claims of citizens related to the organization of games or participation in them are not subject to judicial protection on the basis of Article 1062 of the Civil Code of the Russian Federation. In particular, this means that the conditions of the beginning or end of the Game provision in whole or in part, registration in the Game, use of its basic and/or extended version, determination of the presence or absence of violations in the User's actions, imposition of game sanctions refer to the issues of organization and/or participation in the Game.

e) The Agreement (including any of its parts) may be changed by the Licensor without any special notice. The new version of the Agreement shall take effect from the moment of its posting at: http://mrush.fr/agreement_all, unless otherwise provided by the new version of the Agreement. Changes to the Mandatory Documents shall similarly become effective from the moment the new version is made available in the Game.

2. General Terms and Conditions of Use of the Game

2.1. Users of the Game can be legally capable persons over the age of 16.
2.2. The license for the basic version of the Game is provided free of charge and provides an opportunity to play the Game as a whole without the need to purchase an extended version of the Game.

2.3. The list of functionalities, the use of which requires prior registration of the User, purchase of a license for the extended version of the Game and/or payment of the license fee is determined at the sole discretion of the Licensor and may be changed from time to time.
2.4. By indicating the identification data associated with the User's account when making a payment, you confirm that you are the User who registered this account or are acting on its behalf and in its interests. The payment is credited to the personal account of the User of the Game on the basis of the data provided by the Operator.

2.5. Some technical, organizational, financial and commercial conditions of the Game use, including the functionality of its extended version, may be brought to the Users' attention by means of separate information placement in the Game.

3. License to use the Game

3.1. The Licensor grants the registered and/or authorized User the right to use the Game in the basic version on the terms of a simple (non-exclusive) non-transferable license free of charge.

3.2. Within the framework of the declared functionality of the Game in the basic version, the Licensor provides the registered User with the ability to:

download, install and run the Game in the basic version on the User's devices;
create a game character in the Game and control him/her;
use the technical capabilities of the Game to exchange game items with other Users;
use the technical capabilities of the Game to exchange messages with other Users using the built-in chat;
post and read messages of other Users on the forum included in the Game;
perform other actions allowed by the Mandatory Documents.

3.3. The Licensor has the right to set limits on the volume and composition of information materials posted by the User, as well as to impose other technical restrictions on the use of the Game, which will be communicated to Users from time to time in a form and manner of the Licensor's choice.

3.4. The license to use the extended version of the Game is granted to Users on a paid basis solely at the User's request in order to speed up the game process.

3.5. Payments for the use of the extended version of the Game can be made through one of the operators providing mobile radio telephony services to the User in the territory of the Russian Federation, CIS or EU countries (hereinafter - “Operator”), or payment systems operating in the specified territory that accept funds under an agreement with the Licensor or its counterparty (hereinafter - “Partner”).

3.6. As part of the license for the extended version of the Game, the Licensor provides the registered User with the ability to:

download, install and run software components to the basic version of the Game in the form of a certain set of non-activated data and commands on the User's devices;
by activating a set of data and commands to get access to additional functionalities of the Game in the extended version in accordance with their description in the Game.

3.7. The license to use the extended version of the Game is granted to the User from the moment of payment of the license fee established for it under the terms of this Agreement. From the moment of granting a license to use the extended version of the Game, the obligations of the Licensor under the agreement for such version are considered to be fulfilled. Further participation in the Game continues on the basis of the license for the Game in the basic version.

3.8. The License Fee is non-refundable in case of changes or termination of the agreement, including temporary or permanent restrictions on the use of game scenarios (including the use of a separate game character), or the ability to use some of the individual components of the Game (including the forum and/or chat room), as well as extending its functionality.

3.9. The rights and ways of using the Game, which are not explicitly granted/allowed to the User under this Agreement, are considered not granted/prohibited by the Licensor.

3.10. The term of the license for the Game in the basic version is limited to the period of its support by the Licensor. Licensor makes no warranties or promises to support the Game during the entire term of protection of exclusive rights to the Game.

3.11. The term of the license for the Game in the extended version is determined by the Licensor's tariffs, but in any case cannot be longer than the term of the License for the Game in the basic version.

4. User's warranties

By accepting this Agreement, you represent and warrant that:
4.1. You have all necessary rights and authorization to enter into and execute this Agreement;
4.2. You will use the Game solely for the purposes permitted by this Agreement, subject to its terms, including the terms of the Mandatory Documents, and to the requirements of applicable law and customary practice;
4.3. You will not do anything that conflicts with or interferes with the provision of the Game (or the operation of the related equipment, networks, or software through which the Game is provided);
4.4. Your use of the Game for specific purposes does not infringe the property and/or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, rights to trademarks, service marks and appellations of origin, rights to industrial designs, rights to use images of people, living or deceased, etc.;

4.5. The materials you post or the names and messages you use do not contain information and/or images that offend human dignity, promote violence, pornography, drugs, racial or national hatred, etc., and you have obtained all necessary permissions from authorized persons in connection with the use of the materials.

5. Restrictions

By accepting this Agreement, you understand and acknowledge that:
5.1. The Game is intended for personal, family, household and other needs of individuals not related to business activities. The Game may not be used for commercial purposes, including for generating any income.
5.2. The Game is provided on an “as is” basis, and therefore no warranty is given to you that the Game will meet your requirements; access to the Game will be uninterrupted, fast, reliable and error-free; results that may be obtained using the Game will be accurate and reliable; the quality of any product, information and other content obtained using the Game will meet your expectations; all bugs in the Game software will be corrected.
5.3. As the Game is under constant addition and updating of new functionality, the form and nature of such functionality may change from time to time without notice to you. The Licensor may, at its sole discretion, discontinue (temporarily or permanently) providing access to the Game (or any particular functionality of the Game) to all Users in general or to you in particular without notice to you.
5.4. The design of the Game, its software and technical support are designed for access through a mobile terminal via radiotelephone (cellular) communication via WAP and/or GPRS protocols, the Game may not work properly when accessed from other devices and via other protocols.
5.5. The Licensor is not responsible for the quality of communication and data transmission speed. All questions about the stability of the connection, its settings, cell phone settings and other similar technical problems should be directed to the Operator.
5.6. The cost of WAP/GPRS traffic is determined by agreement with the Operator. Issues related to payment for WAP/GPRS traffic should be resolved with the Operator. Claims for payment of the license for the extended version of the Game through Operators or Partners are accepted only after the User has confirmed the request to the above persons for the search of the paid money and they have confirmed the fact of transferring the User's money to the Licensor's account in full.
5.7. The Licensor is not connected in any way with the materials posted by Users in the Game (hereinafter referred to as “content”), and does not check the content, authenticity and safety of these materials, as well as their compliance with the requirements of applicable law, and whether Users have the necessary scope of rights to use them.

5.8. In particular, you are prohibited from using the Game for:

placement and/or distribution of counterfeit materials;
posting and/or distribution of pornographic materials, as well as propaganda of pornography and child erotica, and advertising of intimate services;
placement and/or distribution of any other prohibited information, including materials of extremist nature, as well as materials aimed at infringement of human rights and freedoms on the grounds of race, nationality, religion, language, and gender, inciting the commission of violent acts against humans or inhuman treatment of animals, calling for the commission of other illegal actions, including those explaining the procedure for the manufacture and use of weapons, narcotic drugs and their precursors, etc..;
preferential or exclusive placement of links to other sites;
distribution of advertising materials in personal messages to other Users without their prior consent to receive them (SPAM);
committing other actions stipulated by the Game Rules or the Forum and Chat Rules.

5.9. Despite the established prohibition, when using the Game, you may receive content that you may consider to contain information of an offensive or obscene nature, as well as violating applicable law and the rights of third parties.
5.10. The person who created this content and (or) placed it in the Game bears all responsibility for the content and its compliance with the requirements of applicable law.
5.11. The Game may contain links to other resources, and the Licensor assumes no responsibility for the availability of these resources, for their content and advertising materials, as well as for any consequences associated with the use of these resources, their content or advertising.
5.12. You are solely responsible for any breach of the obligations established by this Agreement and (or) applicable law, as well as for all consequences of such breaches (including any loss or damage that may be incurred by the owner of the Game and other third parties).
5.13. In case of any claims of third parties regarding the violation of any property and/or personal non-property rights of third parties, as well as prohibitions or restrictions established by law, you are obliged at the request of the Licensor to undergo official identification, providing the Licensor with a notarized obligation to settle the arisen claims by your own efforts and at your own expense, indicating your passport data.

5.14. The Licensor reserves the right to remove any content from the Game or temporarily restrict access to it unilaterally without giving any reasons or compensation.
5.15. If the User violates the terms of this Agreement, including the Mandatory Documents, as well as legal requirements, the Licensor reserves the right to restrict or terminate the User's access to the entire Game or to any functional features of the Game (forum, chat, file archive, etc.).
5.16. In case of bringing the Licensor to responsibility or imposing penalties on it in connection with your violations of the rights and/or interests of third parties, as well as prohibitions or restrictions established by law, you are obliged to fully reimburse the losses of the Licensor.
5.17. The Licensor shall not be liable for any liability whatsoever in connection with your infringements or any damage or loss caused to you under the above circumstances.
5.18. Under all circumstances, the Licensor's liability is limited to 1,000 (One thousand) rubles and is imposed on it if it is at fault.

5.19. If you discover a violation of your rights and/or interests in connection with the provision of the Game, including illegal posting of materials by another User, you should inform the Licensor about it. To do this, you should send a written notice to the Licensor with a detailed description of the circumstances of the violation and a hypertext link to the page of the Game containing the materials that violate your rights and/or interests to the e-mail address: office (at) overmobile (dot) ru.

5.20. Due to the provision of a license to use the Game in the basic version on a gratuitous basis, the provisions of consumer protection legislation are not applicable to the Parties' relations under such license.

5.21. The presence or absence in the User's actions of a violation of the Agreement, including the Mandatory Documents, relates to the organization of the game process and arises from the conditions of the game. Game sanctions are provided to balance the interests of all Users participating in the Game and are a mandatory part of the game process.

5.22. Control over compliance with the Agreement, including the Binding Documents, is vested in the Licensor, whose decisions are final and not subject to appeal.

6. Notices and communications

6.1.You agree to receive informative SMS and PUSH messages (hereinafter referred to as “notifiers”) from the Licensor about important events occurring with its information resources within the system, under the following conditions.
6.1.1. The Licensor undertakes to use the notifiers exclusively for informing the User about the system features, changes in the game process, and/or sending legally significant messages
6.1.2. The Licensor undertakes not to accompany the notifiers with advertising messages from third parties.
6.1.3. The Licensor gives the User the opportunity to regulate the frequency and reasons for receiving notifiers from the Licensor up to complete refusal to receive notifiers.

6.2. The functionality of the Game may provide for the possibility of sending and/or receiving messages in the Game from other Users.

7. Other terms and conditions

7.1. The Registered User independently determines the terms and conditions of use of the account (profile) created by him/her, which, however, under no circumstances may contradict this Agreement.
7.2. Applicable Law. This Agreement, the procedure for its conclusion and execution, as well as issues not regulated by this Agreement, shall be governed by the current legislation of the Russian Federation.
7.3. Claims. Claims procedure of dispute resolution under this Agreement and/or in connection with it is mandatory. A claim shall be sent by registered mail with return receipt requested or delivered personally against signature. If there is no reliable information about the User's mailing address, the claim may be sent to the e-mail address specified in the User's profile or by notification. The term for consideration of the claim is 30 (Thirty) days from the date of receipt.

7.4. Arbitration. All disputes under or in connection with the Agreement shall be subject to arbitration in the court at the location of the Licensor in accordance with the applicable procedural law of the Russian Federation. Since the Law “On Protection of Consumer Rights” shall not apply to the relations between the Parties, the provisions of paragraph 7 of Article 29 of the Code of Civil Procedure of the Russian Federation on jurisdiction at the plaintiff's choice shall not apply either.
7.5. Changes. This Agreement, including the Binding Documents, may be amended or terminated unilaterally by Licensor without prior notice to the User and without payment of any compensation in connection therewith

Licensor's requisites:

Overmobile LLC, 630055, Novosibirsk, Musa Dzhalilya St., 3/1, office 507,

OGRN 1115476129603, TIN 5408290672