Last updated: September 2018
WE RECOMMEND THAT YOU STORE OR PRINT OFF A COPY OF THIS AGREEMENT (INCLUDING ALL POLICIES) FOR YOUR RECORDS. WHEN CHANGES ARE MADE TO THIS AGREEMENT AND/OR IN ANY OF ITS MENTIONED POLICIES, YOU WILL RECEIVE A RELEVANT NOTICE BY POP-UP OR TO THE EMAIL ADDRESS YOU HAVE PROVIDED.
VOLKA makes this website and its mobile games, including all information, text, graphics, software, and services, available for your use subject to the terms and conditions set forth in this document ("Terms of Service"). You agree that any use by you of the Services shall constitute your acceptance of the agreement.
BY REGISTERING FOR AN ACCOUNT OR OTHERWISE USING THE SERVICE YOU REPRESENT THAT YOU ARE IN THE AGE OF CONSENT. The age of consent varies: in France/Germany/Hungary the age of consent is 16 and in Denmark / UK / Sweden / Czech Republic / Cyprus the age of consent is 13 as well as in the United States.
If we learn that a user under the age of 13 years is accessing our (“Services”), we will immediately delete their account and all personal information we have related to their account.
If you access the Service from a Social Networking Site ("SNS"), such as Facebook, you need to accept their terms of service as well as ours.
You can register to access the Services by creating an account and providing a username and/or an email address and a password (“Login Information”).
You can also Log in through your Facebook account or other social network account.
Access to our Services is permitted on a temporary basis and we reserve the right to withdraw or amend the services or the functionality that we provide on Services without notice. You can use Services as a free user and make in-game purchases or continue using Services only as a free user. From time to time, we may restrict access to some parts of Services, or the entire Services. We will use reasonable efforts to fix any issues and bugs in Services as quickly as we can.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. If you Log In through you Facebook page, then you need to make sure that your Facebook Login Information is kept private as well.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we believe that you have failed to comply with any of the provisions of this agreement. You must not let anyone else access your account or share your account/login information. You should not do anything that could harm the security measures of your account. You are solely responsible for keeping your Login Information confidential and you will be solely responsible for any of its uses, including any purchases, loss, Service Charges or other changes to your account, whether or not performed and authorized by you.
Unless otherwise stated, you acknowledge and agree that you have no ownership or other property to the account. All rights to the account are and will only be owned by and to the benefit of VOLKA.
VOLKA reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Some of our Services are available for use or download from mobile application platform providers like Google or Apple, which may require you to register with them and hold an account in order to access and use our Services.
VOLKA Services are not endorsed by Google or Apple. If you create an account with any mobile application platform, you are subject to any terms and conditions imposed by those platforms and you acknowledge that all obligations enforced by such mobile application platforms are in addition to your obligations under these Terms of Service.
In order to collect information on how you use the Games we need to have built-in tracking system/features which help us improve our services. But we track only your game activities and nothing outside the Games.
When we are using our tracking systems we do not track the exact geographic location and we are not able to have an exact image of your actions within the Services. You should also be aware that we do not use any type of spy technology and et cetera.
Public Discourse refers to your presence in forums/blogs/chat features and any relevant platform in which you interact by commenting or giving your opinion in various subjects. Anything posted on the mentioned platforms is ‘USER CONTENT’. VOLKA cannot guarantee the safety of information that you share to other members. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service.
We do not have any obligation to evaluate, use or compensate you for any ideas or information you may choose to submit. With this AGREEMENT, you agree that if you have any type of dispute with any users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
A very important piece of our Agreement is the ‘USER CONTENT’.
‘USER CONTENT’ includes any notes, correspondence, images, sounds, and all the material, data, and information that you upload or transmit through a VOLKA game client or the Service, or that other users upload or transmit, including without limitation any chat text.
By uploading any User Content while using the Service, you warrant to us, that it is:
We do intend to monitor as much as we can from the ‘User Content’ in order to prevent any violation of the Terms and/or any offensive content.
We may amend, revoke posting, or remove any “User Content” posted in the Games or in any Games-related sources at our sole discretion and determination. We do keep records of history of your interactions with in the Service and communications (including without limitation chat text), when you are using the Service. By entering into these Terms of Service, you give us your irrevocable express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
OF COURSE, we welcome any reports from our users. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. You can find our contact information within our Website and at the end of this Agreement.
We need you to understand and agree that we are not liable for any “User Content” generated by users of the Service. The Users are entirely responsible for any of the Content they make available, upload, communicate, transmit via our Games and related services.
No! Subject to this agreement and continuing compliance with these Terms of Service and any other relevant VOLKA policies, VOLKA grants you a non-exclusive, non-transferable, non-sub-licensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes.
YES! We may cancel / limit / suspend or terminate the Service and user accounts, if according to the following we have grounds to suspect that a user is being a risk or is causing any possible legal liabilities, infringing the intellectual property rights, or acting in breach of this agreement of spirit of our terms and policies.
We reserve the Right to terminate any account that has been inactive for 180 days. VOLKA is under no obligation to compensate you for any such losses or results.
We may prohibit access to our Services and this content, amend or remove hosted content, and take any reasonable technical and legal steps to prevent users from accessing the Services. VOLKA does not have an obligation to refund you or provide any benefits or other compensation to users in connection with such terminated Service.
You have the right to terminate your Account at any time and for any reason by following the process described on our support page located at https://eu2.taongafarm.com/data-protection.html. You will find in the above mentioned page the email address of our Data Protection Officer for any personal data related request you may have.
You are prohibited to use our Services if:
We want you to understand that as you evolve we evolve with you.
We are trying new things all the time so VOLKA may require that you accept updates to the Service and to VOLKA’s games you have installed on your device or computer or using through your computer browser.
It is a term used in property law. It gives the creator certain exclusive rights to a distinct type of creative design, literary and artistic works, symbols, names and images.
No! We are the owner or the licensee of all intellectual property rights in Services. Services are protected by international copyright laws and treaties. You agree that the intellectual property rights in Services are licensed, not sold to you, and that you have no rights other than the right to use the Services in accordance with the terms and conditions of this agreement.
Copyrights, trademarks, and all other proprietary rights shown in the content, including but not limited to, software, services, text, graphics, and logos (“Trade Marks”) are owned by us, our group companies or third-party partners of us. You cannot vary, reproduce, use, copy, edit, distribute, store, publish, display, transmit, commercially exploit or disseminate the Trade Marks without our prior written consent. If you copy or download any part of Trade Marks in breach of this agreement, your right to use the Services will stop immediately and you must, return or destroy any copies of the materials you have made.
All title, rights and interest in and to the Service (including without limitation any games, titles, computer code, concepts, characters, character names, artwork, animations, stories, dialogue, themes, objects, catch phrases, sounds, musical compositions, audio-visual effects, moral rights, documentation, methods of operation, in-game chat transcripts, character profile information, recordings of games played using a VOLKA game client, and the VOLKA game clients and server software) are owned by VOLKA. If at any time a violation of the above mentioned is performed then it will result in the immediate revocation of your limited license and may subject you to liability for violations of law.
References to third-party services and software are given by VOLKA "AS IS," without warranty of any kind, either expressed or implied.
We expect that you will enjoy our services and respect them as-well.
You agree that you will not, under any circumstances:
We reserve the right to determine what conduct is considered to be in violation of the rules of use of our Services. In case that any of the above occur then we reserve the right to take action as a result, which may include termination of your Account and prohibit you from using the Service in whole or parts of it.
As we mentioned above you can play the game both as a free user or by making in game purchases. If you wish to make in-game purchases, our Service will direct you to our third-party Payment Service Providers as our company does not carry out the actual payment process.
Payments will be made in the currency of the country in which you live and will be non-refundable. When conducting online purchases with VOLKA Services and Games, you agree to the immediate execution of that purchase and accept that you will lose any right to withdraw your purchase once the purchase is processed. VOLKA will refund you for completed transactions.
All of your financial information is going to be provided to our Payment Service Providers.
If our associate Payment Service Provider brings to our attention that the information you provided, personal and/ or financial, is untrue, inaccurate, or incomplete, VOLKA has the right to annul related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.
VOLKA’s games operate with virtual in-game currency (“Virtual Currency”), such as coins, cash, and/or diamonds, or other currencies, that can be purchased by you for real money and be used to purchase virtual in-game items (“Virtual Items”).
Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not have title to it. In case your account becomes closed, terminated, suspended, modified, or deleted for any reason, at VOLKA’s sole and absolute discretion, or if VOLKA discontinues its Games, you forfeit any and all Virtual Currency and Virtual Items earned or purchased. VOLKA is under no obligation to compensate you or anyone else for any resulting losses.
In no circumstance can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Trading Virtual Currency or Virtual Items outside the Game interface is strictly prohibited.
“Content” refers to all software (including without limitation all games, titles, and computer code), communications (including without limitation all documentation, stories, concepts, dialogues, and character profile information), images, sounds and audiovisual effects, accounts, Virtual Currency and Virtual Items, and material produced by VOLKA and/or received or made available to you during the use of Services or developed during the course of the Games.
Content can also include all feedback, comments, or suggestions that VOLKA receives from you regarding the Games. Unless otherwise expressly stated in writing, you understand and agree that all Content together with ‘User Content’ is owned by VOLKA.
We are allowed to use all Content for any purpose including without limitation all commercial and/or promotional use, without restrictions or compensating you. All Content is protected under Copyright Laws for any unauthorized use. In case you have acquired any right to the Content, you agree and assign solely and exclusively all those rights, titles and interests to VOLKA.
If somehow the above mentioned cannot be reached, then you agree within this agreement that you grant VOLKA the sole, exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license, to reproduce, modify, create any derivative work from, transmit, publish, transfer, use, distribute, sell, publicly display such Content. To the extent permitted by applicable laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.
We value your opinion to the fullest, but you need to comprehend that any suggestions for improvements or feedback you might give on our Service / Product are going to be transferred to us in all property.
With this agreement you give us a sub-licensable, royalty-free, irrevocable, worldwide license to use and incorporate such suggestions and feedback in VOLKA Services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback (such as the right to be identified as the author).
Each Account is personal meaning only the owner of the Data input can use the Services. Entering this Agreement you UNDERTAKE:
Regardless of the above mentioned, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of Services otherwise than in accordance with this agreement or any applicable laws.
You agree to compensate, defend and hold VOLKA (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the VOLKA, or any breach by you of these Terms of Service.
To the maximum extent permitted by law, VOLKA SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OF OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSES ARE QUALIFIED), arising out of or relating in any way to these terms of service or the Service itself, whether these damages are based on Contract, Tort or any other legal theory and whether or not VOLKA has been advised of the possibility of such damages.
To the extent not prohibited by law, VOLKA will not be liable to you for more than the amount you have paid to VOLKA in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. You ACKNOWLEDGE and AGREE that if you have not paid anything to VOLKA during such time period, your sole remedy (and VOLKA’s exclusive liability) for any dispute with VOLKA is to stop using the service and to cancel your account.
Let’s agree together that in any case that these terms in whole or in part become ineffective, invalid or unenforceable under any applicable local laws or court, it will be regarded as excluded from these terms and the rest of the terms will remain in full force and effect.
You may not assign any rights or obligations under the Terms of Service or Policies without VOLKA's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
VOLKA on the other hand can assign or delegate these Terms of Service and/ or the VOLKA Policies, in whole or in part, to any person or entity at any time with or without your consent.
The Use of Services is at your own risk. Services are provided on an “as is” basis. We do not warrant or guarantee that Services and all or part of its contents will be always available or that its use will not be interrupted.
You acknowledge that Services may not be free of bugs or errors and you agree that the existence of any minor errors will not constitute a breach of this agreement.
VOLKA assumes no responsibility for errors in the software, information, or services referenced or linked to on this website.
By Downloading and using any of the software or services offered on the website you understand that is done at your own discretion and risk and you are solely responsible for all damage to your device system, loss of date, or other harm that results from such activities.
VOLKA shall not be liable for any delay or failure to perform its obligations resulting from causes outside the reasonable control of VOLKA, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond VOLKA's reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
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