The project started up on 1 April 2009.
0. The Declaration of the beginning
We, the founders of the project Xcraft, begin the creation of a new real-time strategy, which will attract people with thoughts about distant worlds and other civilizations from infinite space; encourage them to create the empires of their own consisting of several planets. We want to deliver the fun to our users with our work. We want to give them relax and joy of communicating, good planning and victories.
1. General rules of behaviour on the website:
1.0 Let’s begin. There are hundreds of people of different religions and beliefs communicate on the site, and they all are legitimate visitors of it, we want them to be a community, so we have stand the rules .We strongly recommend you to read these rules, it will take you just five minutes, but saves your time and helps to make the site more interesting and organized.
1.1. One has to behave respectfully to all visitors of the site. Nobody can insult users. If you have a grudge against somebody, contact Administrators or Moderators (use private message).Insulting of other members is considered one of the most serious violations and strictly punished by the Administration. Thank you in advance for your understanding and desire to make our site more polite and friendly.
1.2 On the website is strictly prohibited:
- messages which are not related to the content of the article or to the context of the discussion;
- insults and threats to the visitors of the site;
- expression (logins or the names of the planets), containing not normative lexicon, degrading, inciting ethnic strife;
- spam and advertising of any goods and services, resources, media, or events outside the context of the discussion of article;
- insulting administrators or moderators also punishable with a ban - respect other people's work. Public rudeness including veiled rudeness can also be punishable with a ban.
- discussion of the rules and actions of the administration and its representatives, except themes specifically created for this purpose by the administration or in the government sections. If you are not 100% confident in the information that you post on this topic, keep in mind that defamation and perjury the administration is punishable with a very serious ban and delete of your message.
2. Posting data to the forum
2.0. Pre-moderation. The pre-moderation of messages does not exist on the forum, except when it is entered for individual users, as a sanction for violation of the Rules. The forum administration is not responsible for the information posted by users, however, prevents violations of existing rules with application of appropriate measures to violators.
2.1. Ignorance of the law. Before posting, check your message to see whether it is not contrary to the rules of the forum. The information contrary to the rules is prohibited for posting on the forum. If you are unsure that the message is according to the rules, ask any Admin for help, so you will be helped.
2.2. Publication of information by third parties. Users are responsible for the information posted from their accounts. The administration forbids you to give to use your account data to third parties.
2.3. Avatar. Any image that does not contain bloody scenes, scenes of violence, pornography or any other information that causes a negative reaction from other users is allowed to use as avatar. You could not use avatars that are already used by other forum members without prior approval.
2.4. Advertising. It is prohibited to advertise on the forum, unless otherwise agreed with the Administration. It can be classified in different steps in different circumstances. Comparing this game to other games can be considered as advertising.
2.5. New topics. The creation of interesting topics is welcomed.
2.6. Consciousness. Timely notification of Administrators about a violation of the rules on the forum through the link "Complaint" is encouraged.
3. The rules of etiquette
3.0. The nature of the discussion. It is forbidden to post the forums messages that contain obscene, offensive, nationalistic, boorish, and any other information that violates ethical standards. The incitement of religious, national, ideological discord is prohibited.
If your opponent does not agree with your statements and considers them offensive, the administration takes the side of one, to whom they were spoken (in his opinion) even in an indirect form.
This item is available for the entire forum, including profiles, signatures, reputation and others.
3.1. Discussion. The following rules of debate are welcomed on the forum. Please refer to the Appendix №1 of these rules.
4.0. Offences. Listed below acts are prohibited in any kind. These acts will attract the attention of the moderators and will cause adequate measures from their side.
4.1. Flood. It is posting of useless posts. We mean very short messages cluttering up the topic. Here also belong very long messages, complicating interpretation of the topic. Messages which “milled the wind” and do not have proper meaning. We also mean posting of identical topics in several forums and posting of several messages in a row if at least one of them can be classified as flood. It is also forbidden to create a "playful" or stupid topic in the serious sections of the forum – “New ideas”, “SIC”, “Bugs”, “Claims”.
4.2. Flame. Scandals and squabbles on the forum. It is include insults against another user or a group of users, attempts to cause negative in his address, as in the address of another user or group of users. Rudeness, sarcasm, creating negativity in the forum, the discussion of the personal qualities of the conversational partner prohibited.
4.3. Off topic. Messages those are not relevant to the topic of discussion, and leading the discussion away from the topic.
4.4. Provocations. Incitement between users on the basis of differences of belief, racial or ethnic origin, disagrees with the point of view of the user in any question, harassment of others. Provocations in order to reignite a new conflict or to resume the old one are strictly prohibited as the desire to escalate the conflict.
4.5. Provocations against the Administration. The discussion of the Administration outside the special territory of the forum is prohibited. Attempts to incite a scandal because of any action of the administration and attempts to act over the head when dealing with various issues or to bypass the existing rules are prohibited too.
4.6. Excessive citation. Bringing a large amount of quotes from other posts as unjustified using of multistage quotes both prohibited.
4.7. Not informative answers. Messages created only to raise the topic up in the list. They will be regarded as a violation of the rules.
4.8. Advertising. Advertising is attracting the attention of users to other resources with similar forum topics. Actions that fall under the definition of advertising are prohibited. Most often it is - placement of links in the public part of the forum, posting information about other resources sending private messages with hints.
4.9. Links. There are not allowed to post links to other resources page. Exceptions: located on the link information by its nature cannot be published by means of the forum; the rules allowed placing of certain types of links; the placement of link is agreed with the administration of the resource.
4.10. Sabotage. The intentional removal of the information that is interesting for the forum. Causing damage to information, as well as to the forum, as to the database server or as to the PC users is prohibited. Commit sabotage current projects on the forum.
4.11. Lie or perjury. Providing false information in messages or communicating with other forum users. Confirmation of false information and attempts to hide a proper lie or lie of another user is prohibited.
4.12. Penalties (bans) received by the player from the administration or its representatives, not subject to appeal, except by the Supreme Council’s with the support of one of its members, which must start a discussion, posting a topic in the relevant forum section.
5. Accounting Terms.
5.0. Multi accounts are forbidden: using more than 1 account of one race by one user.
5.1. Sitting is prohibited. It is forbidden to transfer your game account to another person or receive someone else's account. If you want to take a break from the game, use the vacation mode.
5.2. It is allowed to have up to 3 accounts if they are of different races. For violation of rules the user account in any of the team members of the project can be set a ban, which is not subject to appeal.
5.3. Any of the team members of the project can ban users for infringement of rules. This ban cannot be disputed.
5.4. The system can automatically send a player to the vacation, to ban him or to issue a warning for infringement of rules of the account. Accounts with more than 1000 Hydarian are checked manually. Accounts with less than 25,000 points are also verified not automatically. To allow a person to re-start the game if something went wrong.
5.5. The system is automatically clears the server from inactive players. All not protected accounts regardless of whether they are active or not, deleted after 7 days; inactive secure and scored 10 points deleted after 31 days; scored at least 10 points and not active, but protected are deleted after 3 months.
5.6. The transfer of the account to another person, including its sale is prohibited.
5.7. The account which is not used more than 3 months is removed from the game. If your account is in vacation mode, the storage term is extended to one year.
5.8. It is forbidden to use the account systematicly for the development of another account (pumping), including unrelated accounts. For example, bringing resources or debris to the main account from additional low-activity accounts is forbidden. The same as intentional destruction of one player's fleet by another in a losing battle is forbidden. This includes any transfer of resources, including by attack or by other means, which have no strategic basis from the point of view of the in-game universe, including "giveaway" / "boosting".
Review of strategic justification. In 2013, we introduced a detailed analysis and logs of transferring of resources on a server. They allow us to see and to assess the flow of resources. If it is obvious the constant pumping of one account at the expense of others, is not actually playing, we regard this as a sucker punch. The administration carefully manually checks the operations and we do not intend to ban players. However, the obvious points of pumping will be dealt with severely as it prevents fair game of the other players.
7. Intervention in gaming technique and balance.
7.1. Under the intervention in gaming technique we mean the usage of any third-party programs and mechanisms that could give an advantage in the game or lead to overvalued major traffic. Automatic and semi-automatic scripts that perform queries in the database or can give effect to the game mechanisms are prohibited in particular. Upon detection of facts of intervention in gaming technique from more than one member of the same Alliance, the operator is entitled to block the entire Alliance to clarify the circumstances. So think about your colleagues before using bots and scripts.
7.2. Any outside gaming operations with real money, for example: sell resources, fleet, planets, and other operations for real money are prohibited, except objects with a certificate of ownership. Any hints for sale of game elements (resources, fleet, some game action, etc.) are regarded as a violation of the rules and this account will be blocked, even if it's just conversations which are not lead to real actions. Said in jest is also considered.
7.3. The usage of flaws, game bugs and errors for any purposes, including obtaining benefits is prohibited. No message to the administration about deficiencies, errors and bugs of the game is also a violation of the rules of the project.
8. Loss and Disclaimer
8.1. A player loses the game if he no longer has any planet.
8.2. The loser according to the decision of administration can be removed from the project and from a database of the game without any subsequent recovery.
8.3. The loss can occur as a result of the actions of the player, and as a result of the actions of other players.
8.4. The loss can occur as a result of the failure of missions or in accordance with the plot (by necessity of the plot).
8.5. The loser receives no compensation cost, both monetary and time. You are using the site and invest your money without any express or implied warranties.
8.6. The administration is not responsible for the loss of players due to bugs, defects or any other circumstances.
9. Rules of feedback (support)
9.1. Questions about the game: The player can ask questions about the game, which he did not find the answers in the other sources of information.
9.2. New ideas for the game: the player can offer competent new ideas for the game, which he for some reason does not want to write on the forum. (Priority consideration of such proposals may be lower than in the forum).
9.3. Bugs: The player can warn us through the feedback about a serious bug that affects to obtain an unfair advantage in the game over the other players, which is dangerous to spread to the forum in connection with the diversion of the masses. Also, the player can write about not serious bugs, the correction of which is not crucial in a short time. (Please note that for all non-confidential bugs is better to use a special thread in the forum). P.S. It is forbidden to use bugs in the game - it is severely punished.
9.4. Complaint: The player may prevent the administration about the improper behavior of developers and moderators to players. Please note, that we consider complaints, which are substantiated with concrete evidence about incorrect actions of these persons, not personal or other people's fantasies and assumptions. (Please also note that libel can be punished with gaming / forum ban.) Complaining the player, make sure he accurately violated some rule.
9.5. Payment problems: the player can report about the problems related to donations in the game, and the withdrawal of money from the affiliate. Please note, despite the fact that donations are usually credited almost immediately for a few minutes, sometimes there are technical problems, due to which transfer will occur later. If Hydarian crystals are still not enrolled, we recommend you contact first the company "Xsolla" or ask their support page https://xcraft.net/dark.php
9.6. Feedback is forbidden to use from the no major gaming account of the sender. If the main account cannot be used for legitimate reasons, then use it in the content of the message.
ATTENTION! IF YOU DOWNLOAD, COPY ANY PART of the GAME "Xcraft", AND/OR USE IT in ANY OTHER WAY, AND/OR IF YOU have STARTED to PARTICIPATE IN the GAME "Xcraft", YOU ACCEPTRATE this LICENSE AGREEMENT AND agree TO ALL ITS terms and CONDITIONS WITHOUT ANY RESTRICTIONS.
This license agreement (hereinafter "Agreement") governs the relationship between LLC "novaArt", hereinafter referred to as "Licensor" and you, the Licensee of the Game (hereinafter "Licensee"), in relation to the Game.
1. The terms used in this Agreement:
1.1. Game interactive online computer game "Xcraft", which is a computer program that includes the Client portion of the Game (if Client portion provides its functionality) and Game resources, including all amendments and updates of the Game, and the server part of the software of the Game. Operation and maintenance of the Game, as well as providing access Licensees for the Game is done exclusively by the Licensor. Xcraft includes, for example, the possibility of creating a profile page, participating in forums, purchasing virtual items or other services. The players of Xcraft are hereinafter referred to as "Users". In the following general terms and conditions references made to "Games" or "Services" will pertain to the games and/or services offered by Administration.
1.2. Internet Dating Game - Online sites situated on xcraft.net, grants to Licensee access to the resources of the Licensor, including participation in the Game of the Licensee. Licensor places information mandatory for the Licensee, on the website of the Game.
1.3. Game resources (Resources) - all servers, any software and / or database related to the Game are located in domains xcraft.net, and its subdomains.
1.4. Licensor - Limited Liability Company "novaArt", which gives the right to use the game under a non-exclusive license and provides communication to the public, distribution, operation, maintenance, administration Games. In terms of this Agreement the Licensor grants the right to use the Game and licensees access to the Game and additional functionality Games. Licensor is a party of this Agreement.
1.5. Licensee — an individual with the necessary capacity to enter into this Agreement, participating in the Game and which in accordance with this Agreement are entitled to use the Games provided in this Agreement limits. The licensee is a Party of this Agreement.
1.6. Transfer of rights to use the Game - providing the Licensor to the Licensee the right to use the Game, as well as access to game resources, including the right to play it on a computer, access to participation in the game, using its capabilities, under the conditions and in the manner specified in this Agreement and standard Game mode. Granting the Licensee the rights to use the Game, with the exception of the disabled, is carried out by the Licensor free of charge, except in cases of granting Subscription Games as provided in this Agreement.
1.7. Additional Game features – functional (software), allowing the Licensee for Unit rights, the amount and conditions of which are defined herein, to obtain a right of access conditions on a non-exclusive license to the use of additional benefits and privileges in the Game.
1.8. The unit of measurement of the usage rights for the disabled (Units rights) – a common unit payable by the Licensor on the game account of the Licensee in the Game, the scope of the Licensee's rights to use Additional functionality of the Game. The unit of the right to use additional functionality of the Game is "Hydarian." The amount of the rights granted to the Licensee to use Additional functionality of the Game is determined depending on the number of enrolled Units rights as a result of the usage of services on transfer of funds in the Units of rights.
1.9. The client portion of the Game is the software necessary for participation of Licensee in the Game, including access to the Additional functionality of the Game, and the client portion of the Game can be installed on the personal computer of the Licensee. The client part is installed by the Licensee on a personal computer independently. The client portion of the Game can be distributed by the Licensor and/or authorized person, via the Internet and physical media. The client part of the Game distributed in the Internet is provided to the Licensee free of charge, unless this Agreement provides otherwise. The instances of the Client part of the Game distributed on physical media may be provided to the Licensee for a fee.
1.10. License agreement — this is Agreement between Licensor and Licensee, containing all the necessary and essential conditions of the license agreement on granting rights to use the Game, including Additional Game features, as computer programs. The Annex of this Agreement and an it’s integral part are the Game Rules, Forum Rules and other documents referenced in this Agreement.
1.11. Subscription – the provision by the Licensor to the Licensee the rights to use the Game by providing access to the Game for a fee.
1.12. The rules of the Game (Rules) Application to the License Agreement located on the Internet at the address https://xcraft.net/rules.html regulating the rules of participation and conduct of the Licensee in the Game, limiting the actions of the Licensee in the Game, as well as the responsibility of the Licensee for breach of such Rules and failure to observe the limitations, the Licensor's rights in the application to the Licensee specified in this Agreement of measures and conditions for the use of such measures. The Game rules may be amended by Licensor at any time without prior notice to Licensee. Of such changes, the Licensor shall notify the Licensee by posting information on the Game website. The continuation of the Licensee's participation in the Game after you change the Rules of the Game shall constitute its acceptance of such changes.
1.13. Forum rules — Application to the License Agreement located in the Internet at the address https://xcraft.net/rules.html governing the rules of conduct of the Licensee on the official Game forum ("Forum"), limitations in activities of the Licensee on the Forum, as well as the responsibility of the Licensee for breach of such Rules of the Forum and not limitation, the Licensor's rights in the application to the Licensee specified in this Agreement of measures and conditions for the use of such measures. The Forum rules may be amended by Licensor at any time without prior notice to Licensee. Of such changes, the Licensor shall notify the Licensee by posting information on the Game website. The use of the Forum in any way after changing the rules of the Forum shall constitute its acceptance of such changes.
2. The terms of accession to this Agreement
Before participate in the Game, the Licensee shall review this Agreement and with all applicable Game Rules and other documents that are posted for free access on the game page "Xcraft" in the Internet at the following address: xcraft.net
After filling out the required fields and get acquainted with the Agreement, the Licensee subscribes (accepts) this Agreement, by clicking "START" or similar is acceptance of the offer of the Licensor, as well as the conclusion of the contract, generating in the Licensee's obligations to comply with the terms of the Agreement, including the applicable Game Rules. The actual use of the Game also is an acceptance of this Agreement.
3. Subject of the Agreement
Under this Agreement and subject to licensee's compliance with its relevant conditions, the Licensor grants to the Licensee under non-exclusive license right to use the Game as software and/or databases, including access to participate in the Game, as well as to the Additional functionality of the Game, to the extent specified in this Agreement
The right to use Additional functionality of the Game is provided at the time of enrolment services and in-game account of the Licensee. Further Licensee's use of services is carried out exclusively through gameplay (the Game), does not produce the Licensor's liability for their use/non-use by the Licensee, and the consequent any requirement of the Licensee on the basis on Thai law cannot be the subject of judicial protection.
Use the service to transfer funds to the Units of the rights to use Additional functionality of the Game is not a prerequisite of participation of Licensee in the Game, or obtaining the rights to use the Game as a whole, unless otherwise provided in this Agreement. Usage rights for the disabled are available on request and the request of the Licensee. Additional functionality of the Game is part of the Game, not a separate computer program, and the right to its use may be exercised by the Licensee in connection with the use of the Game.
4. The limits of the Game and its Additional functionalities
4.1. The licensee may use the Game and its Additional functionality in the following ways:
4.1.1. to participate in the Game by creating accounts and characters, and change the Game content in the course of such participation in compliance with the Rules of the Game;
4.1.2. to reproduce the Client part of the Game by installing it on your personal computer to participate in the Game;
4.1.3. upon payment of the appropriate usage for the disabled in accordance with this Agreement to use Additional functionality of the Game;
4.1.4. to use the Game within the functionality provided by the Subscription (if any), subject to Subscription.
4.2. The licensee shall not:
4.2.1. to distribute for commercial or non-commercial purposes, the Client part of the Game or a it’s copy, as through the distribution of physical media with it, and by posting in the Internet for downloading by certain individuals or unlimited circle of persons;
4.2.2. to translate the Game into other languages;
4.2.6. to use the Game in other ways not provided by this Agreement and which are beyond normal gameplay.
5. Obligations of the Licensor
The licensor undertakes the following obligations:
5.1. on the terms and conditions set forth in this Agreement, to grant the Licensee the opportunity to participate in the Game, providing the rights to use the Game as software and/or database and its Additional functionalities;
5.2. to ensure the gameplay according to conditions set forth in this Agreement;
5.3. to notify Licensee by means of publishing information in the Internet site of the Game about changes of the terms of this Agreement.
5.4. to provide Licensee with an opportunity to receive free (download) the game client (if available) via the Internet site of the game, unless this Agreement provides otherwise.
6. Rights of the Licensor
The licensor has the following rights:
6.1. at any time, unilaterally restrict, extend, modify Game content without prior notice to Licensee;
6.2. to control the Game and the gameplay in its sole discretion, to suspend or modify the game process, to modify the terms of the Game without prior notice to Licensee;
6.3. to change, delete any information posted on the Resources of the Licensee, including statements and declarations of the Licensee at any time;
6.4. anytime suspend, restrict and/or terminate the access of the Licensee to the Game on the terms of this Agreement, including failure to comply with the Licensee of the terms of this Agreement or the Rules of the Game;
6.5. for the purposes of statistical data collection and identification of the Licensee to establish and maintain the information about the IP-addresses of the Licensee, to use the technical information files (cookies), placed on the personal computer of the Licensee;
6.6. send Licensee information or messages of a technical nature associated with the Game;
6.7. to make comments to the Licensees, to warn, to notify, to inform them of non-compliance by Licensees of the Game Rules, or other terms of this Agreement during the gameplay. The Licensor's instructions during gameplay are bind for the Licensee.
6.8. to alter, amend, modify the Game, any of its parts, including the Client portion of the Game, without any prior notice to Licensee at any time;
6.9. To take measures not prohibited by the law for the protection of intellectual property rights in relation to the Game;
6.10. in the case of suspension, limitation, termination of the access to the Game for the Licensee in connection with the breach by Licensee of this Agreement or the rules of the Game to renew the Licensee shall have access to the Game in terms of early unlocking of the account of the Licensee. The procedure and conditions for unlocking are determined at the discretion of the Administration.
6.11. at any time terminate your access to the Game or the ability to use the Game (close game) and / or any of its functionality without notice of Licensee.
7. Limitation of liability of Licensor
7.1. The licensee uses the Resources of the Licensor, the Game, including the Client part of the Game (if available) at his own risk. Participation in the Game, the granting of rights of use and use Additional functionality is implemented in "as is".
7.2. The licensor is not responsible for any illegal actions of the Licensee or third parties.
7.3. The licensor shall not be responsible for the statements of the Licensee, published on the Resources of the Licensor. The licensor is not responsible for the conduct of the Licensee on the Resources of the Licensor, including the conduct, character and ideology of game characters operated by the Licensee, the actions of game characters in the Game, disrespect to other Licensees of the Game and they manage the game characters. The licensor is not liable for such actions of other participants of the Game.
7.4. The licensor is not responsible for the loss of the Licensee's access to his game account — the account of the Licensee in the Game (the loss of login, password, and other information necessary for participation in the Game).
7.5. Licensor shall not be responsible for incomplete, inaccurate, incorrect indication of data given by Licensee when creating an account in the Game.
7.6. The licensor is not responsible for loss of the slot values by the Licensee during the game process resulting from participation in or use the service to transfer funds to the Units the rights to use Additional functionality of the Game.
7.7. The licensor is not responsible for the absence of access to the Internet at the Licensee, for the quality of service providers of the Internet network with which the Licensee has agreements to provide services on access to the Internet.
7.8. The licensor does not exchange for cash or non-cash money or valuables and/or return of game values obtained by the Licensee in the course of participation in the Game, the rights of use of the Game or the disabled, including the Units of measure for the usage rights for the disabled.
7.9. Licensor makes sharing some gaming values obtained by the Licensee in the course of participation in the game of the rights to use the Games or the additional functionality of the game, other game value.
7.10. The licensor will not indemnify Licensee for the costs associated with using the service to transfer funds to the Units the rights to use Additional functionality of the Game, including the event of suspension or termination of access to game or suspension or termination of this Agreement for any reason.
7.11. Licensor does not warrant that:
7.11.1. The game will satisfy subjective requirements and expectations of the Licensee;
7.11.2. the gameplay on the Resources of the Licensor, as well as the transfer of rights to use the Game will proceed continuously, quickly, without technical failures, reliably and without errors;
7.11.3. the results that can be obtained with the use of the software and the database of the Game, when you participate in the Game and when the rights of use of mobile Games will be error-free;
7.11.4. the quality of gameplay, any aspects of the Game or Additional functionality, information obtained in the course of the Game or when using software and databases provided on the Resources of the Licensor, will meet the expectations of the Licensee;
7.11.5. The game will be available and can be used around the clock, at any particular time or for any period of time.
7.12. Licensor shall not be responsible for the occurrence of direct or indirect damage to the Licensee or other third parties arising out of:
7.12.1. of the use or inability to use the Resources of the Licensor;
7.12.2. unauthorized access by any third parties to personal information of the Licensee, including the account of the Licensee and personal account of the Licensee in the Game;
7.12.3. statements or conduct of any third party on the Resources of the Licensor.
7.13. The licensor is not obligated to provide Licensee with any evidence, documents, and other violations by the Licensee of the terms of the Agreement, which the Licensee was denied access to the Game, game values, including Additional functional components of the Game, or such access has been discontinued and/or limited.
8. Responsibilities of the Licensee
8.1. The licensee shall:
8.1.1. comply with the terms of this Agreement, including the rules of the Game, without any restrictions;
8.1.2. provide accurate information at the time of registration on the Resources of the Licensor;
8.1.3. not exceed the limits of the use of Game and Additional functionality of the Game as set out in section 2 of this Agreement;
8.1.4. not violate intellectual property rights of the Licensor in relation to the Game and/or any components of the Resources of the Licensor, in particular, Licensee shall not copy, transmit, distribute, publish, and otherwise distribute and reproduce material (text, image, audio, video) that are the part of Game resources without the written consent of the Licensor;
8.1.5. undertake independently measures which can ensure the security of his account in the Game and prevents unauthorized use by third parties of these accounts;
8.1.6. follow the instructions of the Licensor, in particular, given by the Licensor to the Licensee or group of licensees in the game, in the center of the support members (the licensee), in the news section of the Internet site of the game, the forum of the Licensor. In case of default by the Licensee of such instructions Licensor has the right to suspend, restrict, and cease to provide Licensee access to the Game or additional functionality Games;
8.1.7. comply with other requirements and to perform other obligations under this agreement and the Rules of the Game.
8.2. Licensee warrants that it has all necessary authority to enter into this Agreement. If the Licensee has not reached the age of majority (18 years) or become completely incapacitated because of the occurrence of other circumstances provided by applicable law, it is obliged to obtain the necessary permission in the form required by law from their parents or legal representatives.
8.3. Other obligations of the Licensee provided for in the Rules of the Game, and also in section 7 of this Agreement.
9. Additional functionality of the Game
9.1. This section of the Agreement regulates the procedure and conditions of provision by the Licensor to the Licensee rights of access to the Additional functionality of the Game.
9.2. At the request of the Licensee, the Licensor grants the Licensee a fee-based service of the electronic transfer of funds in the Units of rights that allows the Licensee to use additional, advanced, special Game features (characteristics of the game character, privileges, special game items, gifts, etc.). In particular, as a result of use of such opportunities a game character controlled by the Licensee, may get the game values, which, in particular, contribute to a more rapid development of the game character in the Game. Game values are intangible and can be used by the Licensee within the Game during gameplay. In this case, the service is rendered and completed after conversion of the funds in unit of the rights.
The right to use Additional functionality provided to the Licensee under non-exclusive license for a fee in the amount determined under this Agreement based on the number of Units of rights resulting from the use of services on transfer of funds.
Payment services of money transfer in Units of rights by the Licensee in cash in the currency of the relevant territory, the amount of a specific Licensee of the number of Units the usage rights for the disabled. The cost of one Unit of rights to use Additional functionality of the Game is the amount shown on the Internet page of replenishment of the game account of the Licensee at the following address: https://xcraft.net/officier/ the Size value can be changed by the Licensor unilaterally at any time without prior notice to Licensee. Cost once used the services of money transfer in Units of rights to use Additional functionality of the Game is not reviewed.
The licensee may use the Additional functionality of the Game, freely exchanging the obtained unit of the rights to any game values included in the Additional functionality of the Game, in-game rate, determined in accordance with the Rules of the Game and gameplay. The generated game values are then used by the Licensee along with other game values received by the Licensee during the Game in accordance with the Rules of the Game. The licensor is not liable for loss game character of such Licensee's property in the course of gameplay (theft, destruction, exhaustion, etc.) in accordance with the Rules of the Game.
The licensee acknowledges that in the course of game play access of game character to the Additional functionality of the Game in the volume of Units of rights may be terminated in accordance with this Agreement (as a result of their consumption, theft in-game characters, suspension/termination of access to the Game, etc.) or for other reasons, and it does not give the Licensee reason to require the Licensor to refund the license fee paid for the right of access to this Additional functionality of the Game.
9.3. The moment of the right to use additional functionality of the game is the time of accrual of the licensee to his in-front by a corresponding number of units of measures the rights.
The right to use additional functionality of the Game available to Licensee for the duration of this Agreement, unless the scope of the exhaustion of rights granted not come earlier.
9.4. After the registration in the game Licensor automatically starts in-front by the Licensee in the game, which is tied directly to the account of the Licensee.
9.5. Methods and conditions of payment services to convert funds in Units of rights to use Additional functionality of the Game through payment systems published by the Licensor on the Game website: https://xcraft.net/dark.php the Introduction of the license fee shall be at Licensee by transferring funds via payment systems are supported on the account of the Licensor. The list of available payment systems is given on the Licensor's website. The main provisions of the Agreement of the modalities and the terms of payment are applicable also to pay the Subscription (if any).
9.6. Payment for conversion of the funds in unit of the rights to use the disabled Licensee shall follow the payment instructions on the procedures and methods of payment, including under the rules of the message and the number of short text messages (SMS), including how to enter uppercase and lowercase letters, numbers, and input language. Granting the Licensee the right to use the disabled is provided with the instructions and terms of payment. The licensor is not liable for the correctness of the implementation by the Licensee of the terms of payment. For the rules and procedures of the use of payment systems for the implementation of the replenishment of the personal account, the Licensee must apply to the legal holders of such payment systems. The licensor gives to the Licensee for comments on issues related to regulations and the procedure for the use of such payment systems, as well as the licensee fails to pay the compensation money paid to use the service to transfer funds to the Units the rights to use Additional functionality of the Game through a payment system, if such payments were made with violations of the rules established payment systems, resulting funds are not received to the Licensor.
9.7. Granting the Licensee the right to use the Additional functionality of the Game is under the condition of full payment by the Licensee in accordance with the terms of this Agreement. However, until we have received confirmation of payment for the right to use the licensor has the right not to provide them to the Licensee, or to give them in a limited extent.
9.8. In that case, if the result of a technical error, or failure Games, or conscious actions or Licensee he obtained access to additional functionality of a Game without obtaining the right to use with the established procedure in this Agreement, the Licensee shall inform the Licensor of this fact, and pay the cost of the Licensor the right to use such Additional functionality or eliminate the consequences of the misuse of all additional functionality of the Game. The licensor has the right without notice to the Licensee to remove such consequences (including withdrawing in-game values, to lower the level of a character, etc.).
9.9. The licensee is obliged to keep the documents confirming the payment of services related to the electronic transfer of funds to the Units the rights to use Additional functionality of the Game, during the entire time of participation of Licensee in the Game, and on request of the Licensor to grant him such documents, as well as information about the circumstances of the Commission of such payment by the Licensee.
9.10. The licensee is obliged to monitor the status of his account.
9.11. The exclusive right to distribute Additional functionality of the Game belongs to the Licensor, in connection with any third party offerings on the granting of rights to use Additional functionality of the Game or access to them cannot be treated by the Licensee as proposals emanating from the Licensor.
In case of any dispute, ambiguous situations or directions to the Licensee any offers of third parties related to the payment for the right to use Additional functionality of the Game, or the placement of such advertisements and offers in the Internet, except for the Resources of the Licensor and hosted on behalf of the Licensor, the Licensee shall immediately notify Licensor.
If the Licensee is in violation of this provision, made a payment to a specified announcement with details specified in such announcement, the claims of the Licensee to the Licensor about the absence of the access for Licensee to the Additional functionality of the Game will not be accepted, and the Licensor shall not compensate the Licensee for the money spent by the Licensee in such circumstances.
9.12. If Licensor determines that the Licensee has access to Additional functionality of the Game from a third party, Licensee shall have discretion either to suspend or to limit or terminate access of the Licensee to participate to the Game and/or to the Additional functionality of the Game.
9.13. Use the service to transfer funds to the Units the rights to use Additional functionality of the Game does not exempt the Licensee from compliance with this Agreement and the rules of the Game, and the use against him of any action set forth in this Agreement or the rules of the Game, including a full or partial waiver of the Licensor from any further access to the Game and Additional Game features. Compensation service used to transfer funds to the Units of the rights to use the additional functionality of the Game In this case the Licensee is not performed.
9.14. The licensee warrants to the Licensor that it has the right to use the chosen funds to pay for the rights to use Additional functionality of the Game without violating the legislation of Thailand and/or other legislation of the country of nationality of the Licensee, and the rights of third parties. The Licensor is not responsible for any damage to third parties and/or other Licensees arising out of the use by Licensee of its owned funds of payment.
9.15. The licensor is not responsible for any illegal actions committed by the Licensee when they pay for the usage rights for the disabled. The licensor reserves the right to unilaterally suspend or terminate the access of the Licensee to the Additional functionality of the Game, if there is a suspicion of the Commission of the Licensee's illegal actions, until the circumstances are clarified.
9.16. If the Licensor has reason to believe that the Licensee commits illegal acts or fraud related to payment rights the use of Additional functional Game, Licensor has the right to transfer the relevant information to law enforcement agencies for verification of this fact.
9.17. Features of the payment by the Licensee the right to use additional functionality of a Game by credit card:
9.17.1. Bank card operations are performed by the card holder or their authorized representative.
9.17.2. Authorization of operations with bank cards is carried out by the bank. If the Bank has reason to believe that the transaction is fraudulent, the Bank is entitled to refuse to perform this operation. A fraudulent transaction with Bank cards is a criminal offence.
9.17.3. In order to avoid fraud in the payment of bank cards payments paid by credit card can be verified by the Licensor. Licensee card holder, apply for such payment shall, upon request from the Licensor, the Licensor has to provide a copy of the necessary documents to confirm the fair use of a credit card.
In case of failure to submit requested documents by the Licensee within 14 days from the date of payment or doubt in their authenticity, the Licensor may suspend the provision of the Licensee the access to the Game and Additional Game features while ascertain the circumstances.
9.18. Licensee independently and at his own expense shall bear all costs associated with the transfer of funds to the Licensor, including various fees and commissions of banks and operators of payment systems.
9.19. Licensee agrees, understands and accepts the fact that the Game is not a gambling game, the money game, contest, bet. Using the services of money transfer in Units of the rights to use the additional functionality Games is the realization of his own will and desire, and not a necessary or a prerequisite for participation in the game and the gameplay.
10. The territory and the term of the Agreement.
10.1. The licensee may use the Game and Additional functionality of the Game in the ways described in this Agreement on the territories where it is available through normal gameplay with the use of standard computer tools and programs within the functional Resources of the Licensor.
10.2. This Agreement is effective from the date of acceptance of its terms by Licensee and valid indefinitely.
10.3. This Agreement continues if:
10.3.1. The licensor will not accept the decision to change the provisions of this Agreement, about the need to conclude with the Licensees of the new agreement, the termination of service of the Game and the termination of access, termination of this Agreement in respect of the Licensee, or termination of access to the Game against the Licensee.
10.3.2. The licensee does not adopt a decision on termination of the use of Games and Additional Game features.
10.4. The licensor may at any time without notice to Licensee and without explanation terminate this Agreement unilaterally out of court with immediate termination of access and use of the Game and without compensation of any costs, losses or refund received under the Agreement, including in the event of:
10.4.1. the closing of the Game;
10.4.2. anyone, including a single, breaches the terms of this Agreement or the rules of the Game by a Licensee.
10.5. The licensor may at any time without notice to Licensee and without explanation, to suspend access to and ability to use the Game without refund of any costs, losses or refund received under the Agreement, including in any case, including a single, a Licensee breaches the terms of this Agreement or the rules of the Game.
10.6. The licensee may at any time without notice to Licensor and without explanation terminate this Agreement in unilateral extrajudicial order by the removal of the account.
10.7. Licensee agrees and fully accepts that all exclusive rights to the localized (translated into the appropriate language) Game, including game characters, game items and accessories, game coins, game values, graphics, photographs, animations, video, videos, sound recordings, sound effects, the music, the lyrical content of the Game and other components of the Game belong to the Licensor, unless otherwise explicitly stated in this Agreement, on the Game website or in the Game itself.
10.8. Licensee shall not use any part of the Game and the disabled out of the Game and the gameplay without the written consent of the Licensor.
10.9. The licensee acknowledges, accepts and agrees that any element of the Game, in particular, any playable characters, Additional Game features are part of the Game as software and are protected by copyright. Despite the fact that the Licensee is given the right of use and Additional functionality of the Game and during the game process and participate in the Game allowed the management of such game characters, including the development of these characters in the Game and the gameplay, such management and character development in the Game is not and cannot be regarded under any circumstances as the transfer and/or assignment of exclusive rights in relation to this game character from the Licensor to the Licensee. Such management and character development in the Game also is not, and cannot be regarded as the authorship of the Licensee in respect of a game character and/or co-Licensee and Licensor in relation to the game character.
10.10. This Agreement does not permit the assignment of any exclusive rights or an exclusive license in any part of the Game and/or Game Resources from the Licensor to the Licensee.
10.11. If the Licensee in accordance with the laws of his state is forbidden to use computer games online or there are other legal restrictions, including restrictions on the age of admission to such software, he can not use the Game. In this case, the Licensee is solely responsible for the use of the Game on its territory in violation of local law.
10.12. This Agreement may be amended by the Licensor without any notice. Any changes to the agreement made by the Licensor to unilaterally enter into force on the day following the day such changes are published on the Licensor's website. The licensee is obliged to check the Agreement periodically for changes. The lack of implementation by the Licensee of action for the reading of the Agreement and/or a modified version of the Agreement cannot serve as a ground for non-execution by the Licensee of its obligations and failure by the Licensee to the restrictions established by Agreement.
10.13. The invalidity of one or more provisions of this Agreement, recognized in the established order which entered into force court decision shall not entail for the Parties on the validity of the agreement as a whole. In the case of recognition of one or more provisions of this Agreement in the prescribed manner to be invalid, the Parties undertake to fulfil the obligations under the Agreement commitments as close to the implied Parties at the conclusion and/or agreed amendment of the Agreement.
10.14. This Agreement and the relationship between the Parties in connection with this agreement and the use of the Game are governed by the laws of Thailand.
10.15. In relation to the form and method of execution of this Agreement, the provisions of the Civil Code regulating the procedure and conditions of the contract by the acceptance of the public offer.
10.16. All disputes between the parties under this agreement shall be resolved through correspondence and negotiations with the pre-trial (extrajudicial) order. In the case of failure to reach agreement between the parties through negotiations within sixty (60) calendar days of receipt by the other Party of a written complaint, the dispute shall be submitted by any interested party in the court of General jurisdiction at the location of the Licensor (with the exception of the jurisdiction of any other courts).
10.17. On the questions connected with execution of the Agreement, please contact us at the address location of the Licensor: Thailand, Suratani province, Malaeng Pong Island, 84140.
Society with limited liability "novaArt", hereinafter referred to as "Administrator", publishes this Contract that defines the procedure for providing organizational and technical services, which is a public contract-offer (formal proposal) to the address of any interested person, consonant with the terms of this Agreement and the Rules of participation in the online game "Xcraft", and hereinafter referred to as "User".
1. The subject of the contract
The administrator provides the User of the online game "Xcraft" organizational and technical services in the following presentation is "Service", which represent a limited list of options (technical capacity), the volume and the value specified in the "Premium" part of the site xcraft.net.
2. The acceptance of the contract
2.1. With the fact of the authorization in the game project, each User confirms having reached him the age of 18.
2.2. The fact of authorization (identification) of the User at the website of Administrator (enter the unique identifiers of the User on the registration page or the login page) and payment of the Service by the User and registration in the game are full and unconditional acceptance of the terms of this Agreement and the participation in Agreements, which are published on the server of the Administrator at the address https://xcraft.net/rules.html and the User, in accordance with the Thai law is considered as a person who has entered with LLC "novArt" in the contractual relationship.
3. The order of the Service
3.1. To perform its obligations hereunder, the Administrator requires the User to undergo the procedure of preliminary registration on the Admin server, which is mandatory for data entry fields of the registration forms located at the following address: https://xcraft.net. In this case the Administrator is not responsible for the completeness and accuracy of User-provided information.
3.2. The registered User selects the amount, duration and cost of Service providing by the Administrator using the order form placed in the "Premium". Payment for Service is made by transferring of the amount equal to the value of the selected volume of the Service to the account of the Administrator. The term "Service" refers to services in transfer of funds to the Units of the rights to use Additional functionality of the Game is not a prerequisite of participation of the User in the Game, or obtaining the rights to use the Game as a whole. The rights to use additional functionality of the Game are available on request of the user.
The data required for payment services to transfer funds within the Units of rights that are specified by the User during pre-registration and, if necessary, are specified on the payment page of the site of the Administrator after the filing the invoice order.
All data you enter on our bank's processing center payment form is fully protected in accordance with the PCI DSS security standard. We only receive information about the payment you have made.
We will refund your Balance and Virtual Currency purchases within 14 days of purchase if you have not already spent the currency. The term 'Virtual Currency' only applies to in-game currency purchased with real money.
3.3. Within one day after the receipt of the payment services to transfer funds within the Units of the rights, the User is granted the technical ability to use the selected volume of the Service. In this case the Administrator is not responsible for the condition and operability of the User, if it excludes or limits its ability to use the paid amount for the Service.
3.4. If the User claims to the amount and quality of the Service, he shall immediately notify the Administrator by email [email protected] but informed her identification data, the time of occurrence of the claims, and to justify them. The user acknowledges that the Administrator may not be able to check the validity of claims more than three days from the date of its occurrence. The administrator within 5 (five) days from the date of receipt of the claim directs the User to its conclusion on the claim, and in that case, if it finds them to be reasonable, offers the User a way to compensate for the caused inconvenience.
3.5. Services provided by the Administrator believe in full and appropriate quality, if during the period of use of services has not presented a valid claim to the Administrator in writing in accordance with the requirements of section 3.4.
3.6. At full or partial non-use by the User of the Service during the period of providing services under this Contract are considered to be rendered in full.
4. Obligations of the User
In order to properly fulfill the terms of this Agreement, the User must:
4.1. Correctly complete the procedure of registering a new user on the website of the Administrator. In case of change of contact details and other relevant information in a timely manner to make changes to the registration form, and if it is impossible to notify by e-mail [email protected] Administrator or via the feedback form on the page https://xcraft.net/index.php?do=pm&doaction=newpm&user=1.
4.2. Do not disclose or transfer to third parties of its identity data, which can authorize a user on the server of Administrator.
4.3. Do not use the service provided by the administrator for commercial purposes.
4.4. To observe the copyrights of the Administrator and other copyright holders, not to copy and not to disclose to third parties any substantial part of the content of the site of Administrator. Not to use the Service for violating the copyright of third parties.
4.5. Familiarize themselves with this Agreement and the Rules of participation, as well as possible changes and additions thereto as are announced by the Administrator on the home page https://xcraft.net.
4.6. Independently provide the technical ability to use the Service for their part, such as access to the Internet, the availability of software that is compatible with the transmission of information via http, and other necessary resources.
4.7. To make timely payment of the Service and keep the proof of payment, as a minimum, throughout the period of use of the Service.
4.8. Be responsible for the receipt and dissemination of information through technical means to ensure the use of the Service, in accordance with the law of the place of residence of the User, as well as current legislation of Thailand.
5. Duties Of The Administrator
In order to properly fulfill the terms of this Contract, the Administrator shall:
5.1. Provide the User the ability to use the Service in accordance with section 3 of this Agreement.
5.2. Maintain the confidentiality of data provided by the User, and do not disclose contact information to third parties if it is not in open access by the User, except by court order or otherwise provided by law.
5.3. Notify users by publication on the website of the Administrator and (or) e-mailing of messages essential information concerning the conditions of the Service.
6. Termination and Suspension of Service
6.1. The administrator has the right to terminate the Service in violation of the Terms of this Agreement or the requirements of the Rules of Participation, which caused damage to the User Administrator, or third parties (including other participants in an online game), or if there is a threat of such damage as a result of user actions.
6.2. The administrator may suspend the User's access to the Service as a whole or to any part thereof without prior notice if the User is directly involved in the actions that the Administrator reasonably finds to be in violation of the Rules of participation.
6.3. The administrator may suspend the User's access to the Service and delete his account if he did not use it more than 30 days.
6.4. The return game currency paid by the User is not performed if suspension or termination of service for users.
7. Liability of the Parties
7.1. The user is responsible for all access to the Service and the action taken by them with the provided Service, technical capabilities, and therefore assumes full responsibility and risk for any use of the Service provided by the Administrator.
7.2. The administrator is not responsible for the result of the use or usefulness of the services included in the scope of ordered Services, as well as the quality of access to the Service via the Internet. In case of discrepancy between the composition of services provided in the amount of the ordered Services, User needs, it can stop using them, the money spent will not be returned and are not compensated in any other way, because the service of transferring funds in Units of rights shall be deemed executed and completed with the receipt of Units in-game account.
7.3. The user assumes full responsibility for the safety credentials that provide access to the Service and for any losses that may occur due to unauthorized use of its access.
7.4. Under no circumstances the Administrator shall not be liable for any direct or indirect damages caused to the User during the use or inability to use the Service, in particular, suffered as a result of errors, omissions, interruptions, deletion of files, change of functions, defects, delays in data transmission, etc. of the events that occurred through no fault of the Administrator.
8. Change of terms and termination of the Contract
8.1. The contract is valid from the date of its acceptance to the moment of execution by the Administrator of its obligations.
8.2. This Agreement, rules of participation and rates are official documents of the Administrator. The current version of each of these documents is available on the website of the Administrator.
8.3. The administrator has the right to change the terms of this Agreement and its Annexes, to adjust current rates, introduce new Apps to this Agreement by posting notice of such changes on the site of Administrator in any time.
Any change in prices is allowed for any services, including already paid.
8.4. The user bears the burden of checking for changes to the Treaty and the right to participate in the Administrator site.
9. Settlement of disputes
9.1. Claims by the User are accepted in writing or electronically (e-mail: [email protected] or via the feedback form https://xcraft.net/index.php?do=pm&doaction=newpm&user=1) not later than 3 (three) working days after the dispute arises. Claims will be processed within 5 days period, and the Administrator may enter into correspondence with the User for the purpose of clarifying the nature and causes of claims. The lack of response to their request within three days, the Administrator can regard as a withdrawal of the claim, in any case, the decision on each claim must be made within a period not exceeding 10 (ten) working days.
9.2. In the event of any dispute or disagreement related to the performance of the Contract, the Parties will make all efforts to resolve them through negotiations between the Parties.
9.3. If disputes cannot be resolved by negotiation, the disputes shall be settled in the order established by the legislation of Thailand.
10. Additional conditions
10.1. The User can control the moment of termination of the Service.
10.2. The user has the right to require the Administrator to solve problems with the provision of the Service, except in cases of force majeure circumstances.
10.3. The administrator has the right to send mail using both technical facilities provided within the Service, and by sending them directly to the user's email. The administrator notifies the User that the message may not be immediately relevant to the Service, but the User has the option at any time to opt-out of receiving such communications by means of commands or settings that the Administrator undertakes to inform the User.
10.4. Payment of prizes to players produced exclusively in-game currency by crediting their account.
10.5. If User does not agree with at least one item of the User agreement and Rules of the game, then he has no right to continue to use the Services and must immediately leave the Game Site.
10.6 User registration implies acceptance of all conditions of the User Agreement and Rules of the game. The User has no rights to claim under the terms stipulated in the aforementioned documents.
11. Force majeure circumstances
11.1. The administrator is relieved from liability for full or partial non-performance of its obligations hereunder, if such failure would result from force majeure, i.e. extraordinary and unavoidable by the Parties under the given circumstances, including riots, restraining action of the authorities, natural disasters, fires, disasters and other force majeure circumstances, as well as:
11.1.1. Interruptions in power supply;
11.1.2. Global disruption of the Internet network;
11.1.3. Crashing routing systems;
11.1.4. Failures in a distributed system of domain names;
11.1.5. Crashing caused by hacking and DOS-attacks, and other illegal actions of third parties;
11.2. The administrator shall, in that case, if technically feasible, by e-mail and (or) by posting on the home page https://xcraft.net to notify the User about the existence of force majeure within 7 (seven) days after the date of their occurrence.
11.3. If the occurrence of the relevant force majeure circumstances directly affect the performance of the Administrator's obligations within the period prescribed in this Agreement, this period shall be extended in proportion to the duration of the relevant circumstances.
11.4. If the impossibility of performance of obligations under this Contract will last for more than 3 (three) months, this Agreement shall be deemed terminated without any refund.
NovaArt LLC is committed to protecting the privacy and security of your personal data.
It applies to all end users, including paying and non-paying users.
We offer our Services only to players who are at least 21 years old. Hence, we do not knowingly market to or solicit personal data from persons under the age of 21.
II. Name and address of the controller
The controller is: Limited Liability Company "novaArt", Thailand, Suratani province, Malaeng Pong Island, 84140, email [email protected]
III. General information on data processing
1. Scope of personal data processing
In general, we record only the personal data which you disclose when using Services as part of your login or registration and possibly during use of fee-based services. Personal data are those which contain information about personal or factual circumstances. When logging in and registering as a user on our website, you only have to provide an email address and, if applicable, a username and password. The password is stored in hashed form, which never allows for an inference of the actual password.
2. Legal basis for personal data processing
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6(1)(a) of EU General Data Protection Regulation (GDPR) serves as the legal basis for personal data processing.
In personal data processing required for the fulfilment of a contract of which the data subject is a party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to the processing required in order to carry out pre-contractual actions.
Insofar as personal data processing is required for the fulfilment of a legal obligation which our studio is subject to, Art. 6(1)(c) GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require personal data processing, Art. 6(1)(d) GDPR serves as the legal basis.
If processing is required to protect the legitimate interests of our studio or of a third party, and if the interests, fundamental rights, and freedoms of the data subject do not prevail over the interests mentioned first, Art. 6(1)(f) serves as the legal basis for processing.
3. Deletion of data and duration of storage
The personal data of the data subject are deleted or blocked as soon as the purpose of storage no longer exists. In addition, such storage may occur if this is provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. The blocking or deletion of data also occurs when the storage period prescribed in the abovementioned regulations lapses, unless further storage of the data is required for conclusion or fulfilment of a contract.
4. Data security
NovaArt makes reasonable efforts to prevent unauthorised access to your personal data as well as unauthorised use or falsification of these data and to minimise the corresponding risks. However, the provision of personal data, whether it be in person, over the phone or over the Internet, always involves risks and no technological system is completely free of the possibility of being manipulated or sabotaged.
NovaArt processes the information collected from you in accordance with European data protection law. All employees are obliged to comply with data secrecy and data protection provisions and are instructed in this regard. Your data are transmitted in an en-crypted form using the SSL method.
IV. Submission of push notifications
1. Description and scope of data processing
If you have selected the appropriate settings on your device, NovaArt can send push notifications to your mobile device to give you updates for games and other relevant news.
2. Legal basis for data processing
The legal basis for data processing in the presence of a contract is according to Art. 6(1)(b) GDPR.
3. Purpose of data processing
Push notifications are special notifications which are displayed directly on your mobile device. The notifications contain, for instance, the information that one of your buildings in the game has been completed. As a rule, push notifications contain short messages which focus on the essential.
4. Storage duration
The messages are stored within our push gateway for up to 21 days. The messages are also stored in anonymised form in our event tracking system for an indefinite amount of time. To our knowledge, messages may be stored by the supplier of your mobile device.
1. Description and scope of data processing
Cookies are small pieces of data (text files) that are sent to your browser from a web server and stored on your device so that the website can recognize your device. There are two types of cookies, permanent and temporary (or “session”) cookies. Permanent cookies are stored as a file on your computer or mobile device for a longer period of time. Session cookies are temporarily placed on your computer when you visit our Website but are erased when you shut down the page. If you do not want to accept cookies, you can adjust the settings in your web browsers security preferences, see more information on this below.
We and our service providers may use the following categories of cookies:
a) Essential Cookies
These cookies are strictly necessary for us to provide our Services. For example, we may use these cookies to authenticate and identify our members when they use our Site so we can provide our Services. Without these cookies we would not be able to recognise you and you would not be able to access our Services. They also help us to enforce our Terms and Conditions and maintain the security of our Services.
b) Performance and Functionality Cookies
These cookies are not strictly necessary but allow us to personalize your online experience of our Site. For example, they allow us to remember your preferences and mean that you do not need to re-enter information you have already provided e.g. when signing-up to our Ser-vices. We also use these cookies to collect information (e.g. popular pages, viewing patterns, click-throughs) about our visitors' usage of our Services so that we can improve our Site and Services and conduct market research. If you choose to delete these cookies you will have limited functionality of our Services.
c) Advertising Cookies
These cookies use information about your usage of our Site and other websites, e.g. the pages you visit or your response to ads, to deliver ads that are more tailored to you, both on and off our Site. These types of ads are called “Interest-Based Advertising.” Many of these types of cookies belong to our service providers. For third party advertisers, see more below.
2. Legal basis for the data processing
VI. Transfer of personal data to third parties
NovaArt will transfer your personal data and/or data related to payment for services to third parties, i.e. to companies cooperating with NovaArt or third-party service providers to the extent required for the performance of the contract, processing of payments and protection of other users and permitted or prescribed by law.
In addition, your personal information will be transferred if such transfer is necessary to protect other users, to counter threats to national or public security, or to carry out criminal proceedings, and if such transfer is permitted by legal regulations related to data protection. Your interests, which are protected by law, will be considered in accordance with the legal regulations. Please note that NovaArt may be obliged to disclose your data in accordance with the legal regulations or, for example, in accordance with a court order (e.g. in case of disclosure to investigating authorities). Disclosure of information is always made only to the extent necessary and permitted or prescribed by law.
VII. Use of third-party login services (“social logins”)
We offer the possibility to enter our services through social networks. If you use this login, no additional registration is required. To log in, you will be redirected to your social network, where you can log in with your user data. This links your social network profile to our service. Thanks to this link, we automatically receive information from your social network. The following information is transmitted to us: e-mail address.
VIII. Rights of the data subject
If your personal data are processed, you are a data subject as defined by the GDPR, and you have the following rights before the controller:
1. Right to information
You can request the controller to provide you with a confirmation of whether personal data concerning you are being processed by us.
If such processing should exist, you can demand that the controller provide you with the following information:
the purposes toward which your personal data are being processed;
The categories of personal data which are being processed;
The recipients and/or the categories of recipients to whom the affected personal data has been- or continues to be disclosed;
The planned storage duration of your personal data or, if specific information cannot be provided, criteria for determining the storage duration;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available infor-mation as to their source;
the existence of automated decision-making, including profiling, referred to in Arti-cle 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such pro-cessing for the data subject.
You shall be entitled to demand information as to whether the personal data concerning you are being transferred to a third country or to an international organisation. In this regard, you can demand to be briefed on the applicable guarantees pursuant to Art. 46 GDPR associated to said transfer.
We shall respond to inquiries within a month upon receipt of the request.
2. Right to rectification
You also have the right to rectification and/or completion before the controller, provided that the processed personal data concerning you are incorrect or incomplete. The controller shall have the obligation to implement the rectification immediately.
3. Right to restriction of processing
Under the following circumstances, you may claim the restriction of the processing of the personal data concerning you:
(1) if the accuracy of the personal data is contested by the data subject, for a period ena-bling the controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you oppose the erasure of the personal data, request-ing that their use be restricted instead;
(3) if the controller no longer needs the personal data for the purposes of its processing, but you require it for the assertion, exercise, or defence of legal claims; or
(4) if you have filed an objection to the processing pursuant to Art. 21(1) GDPR, and it has not been yet determined whether the controller’s stated grounds outweigh yours.
If processing has been restricted, such personal data shall, with the exception of storage, only be processed either with your consent; for the purposes of asserting, exercising, or defending legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest of the Union or of a Member State.
If the processing restriction was imposed under any of the above circumstances, you will be briefed by the controller before the restriction is lifted.
4. Right to erasure
You shall have the possibility to erase your account yourself. We will then erase all your personal data, provided that we are not legally mandated to storing them.
a) Obligation to erase
You have the right to claim that the controller erase all personal data concerning you without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(1) the personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(2) you have revoked your consent on the basis of which the data collection was ground-ed, Pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and no other legal grounds exist for their processing.
(3) you file an objection to the processing, pursuant to Art. 21(1) GDPR, and there are no outweighing grounds for the processing, or you file an objection to the processing pur-suant to Art. 21(2) GDPR.
(4) the personal data concerning you have been unlawfully processed;
(5) the personal data concerning you have to be erased to comply with a legal obligation which requires processing under the laws of the European Union or the Member States, to which the processor is subject;
(6) the personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
b) Information for third parties
If the controller has made public the personal data concerning you and is obliged, pursuant to Art. 17(1) GDPR, to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers who are processing the personal data that you, as data subject, have requested the erasure by said controllers of any links to, or copy or replication of, this personal data.
The right to erasure shall not apply whenever the processing is required for the purposes of:
(1) exercising the right of freedom of expression and information;
(2) complying with a legal obligation which requires processing under the laws of the European Union or the Member States, to which the processor is subject, or performing a task in the public interest or in exercise of public authority vested in the processor;
(3) reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i), as well as Art. 9(3) GDPR;
(4) archival, scientific, or historiographical research purposes serving the public interest pursuant to Art. 89(1) GDPR, provided that the deletion right described in paragraph (a) does not render impossible or impede the realisation of the objectives of the processing;
(5) for the establishment, exercise or defence of legal claims.
5. Right to briefing
If you assert the right to rectification, erasure, or restriction of processing before the controller, the latter has the obligation to notify all recipients to whom the personal data concerning you were disclosed of this data rectification, erasure, or the restriction of its processing, unless this should prove impossible or associated with a disproportionate cost.
You have the right to be informed of these recipients by the controller.
6. Right to data portability
You have the right to receive the personal data concerning you which you have provided to the controller in a structured, accessible, and machine-readable format. Furthermore, you have the right to transfer this data to another controller without restriction from the controller to whom the personal data had been provided, provided that
(1) the processing is grounded on consent pursuant to Art. 6(1)(a) GDPR, or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR, and
(2) the processing is carried out by automated means.
In exercising this right, you have the further right to request that the personal data concerning you be directly transferred by one controller to another, provided that this is technically feasible. The liberties and rights of other persons may not be compromised by these actions.
The right of data portability shall not apply to processing personal data which is required for the performance of a task carried out in the public interest or in exercise of public authority vested in the controller
7. Right to object
You have the right to object to personal data processing concerning you on grounds relating to your particular situation, at any time, on the basis of Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the assertion, exercise or defence of legal claims.
If personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for said marketing purposes, including profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by using automated means which use technical specifications.
8. Right of withdrawal of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawal of consent shall not affect the lawfulness of data processing based on consent effective prior to its withdrawal.
9. Automated individual decision-making, including profiling
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly affects you in a significant manner. The above shall not apply if the decision
(1) is required for entering into, or performance of, a contract between yourself and a data controller,
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is made with your express consent.
Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9, Para. 1 GDPR, unless Article 9, Para. 2, lit. (a) or (g) applies and suitable measures are in place to safeguard your rights and freedoms and legitimate interests.
In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, entailing, at a minimum, the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if you consider that personal data processing relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
IX. Final provisions
NovaArt may alter these data protection provisions at any time. NovaArt shall notify any such changes through appropriate channels.