3. Restrictions on the use of VR Games and / or the Site
3.1. By accepting the terms of this Agreement, you understand and acknowledge that:
- Joyway has the right to set limits and restrictions on the use of VR Games and / or the Site and the Services based on them for all Users, or for certain categories of Users (depending on the User's location, the language in which the Service is provided, etc.) , including: the presence / absence of certain functions, the maximum storage period for information and data, special parameters of the loaded information, etc.
3.2. Information about the established restrictions will be brought to the attention of the Users in the form and in the manner that are determined at the sole discretion of Joyway.
3.3. Unless otherwise provided by additional documents for the use of a separate VR Game and / or the Site then:
- The User uses the VR Games and / or the Site at his own risk. The VR Games and / or Site are provided "as is". Joyway does not assume any responsibility, including for the compliance of the VR Games and / or the Site with the goals of the User;
- Joyway does not guarantee that the VR Games and / or the Site meet the User's requirements at the time of acceptance of the Agreement and / or will comply with them subsequently;
- Joyway does not guarantee that the Site and / or the VR game will be free of errors, that defects will be corrected. Joyway disclaims all warranties, express or implied;
- Any information and / or materials (including downloadable software, letters, any instructions and guides to action, etc.) that the User gains access to using the VR Games and / or the Site, the User can use on his own risk and is solely responsible for the possible consequences of using the specified information and / or materials, including for damage that this may cause to the User's computer or third parties, for data loss or any other harm;
- Since the VR Games and / or the Site are at the stage of constant additions and updates, the form and nature of the functionality of the VR Games and / or the Site may change from time to time without prior notice to the User. Joyway has the right, if necessary, at its sole discretion, to terminate (temporarily or permanently) the provision of VR Games and / or the Site (or any individual functions within the VR Games and / or the Site) to all Users in general or to an individual User, in particular, without prior notice and explanation of reasons;
- Joyway is not responsible for any types of losses incurred as a result of the User's use of the VR Games and / or the Site;
- The user agrees and acknowledges that Joyway is not responsible, directly or indirectly, for any bodily and / or psychological injury and material damage that may arise when using the VR Games and / or the Site. But warns, if you, as a User, have contraindications to virtual reality and games in it, then do not play VR Games.
- Under any circumstances, Joyway's liability in accordance with Article 15 of the Civil Code of Russia is limited to 10,000 (ten thousand) rubles of the Russian Federation and is assigned to Joyway only if there is fault in his actions. At the same time, the User agrees that regardless of his location and / or place of consideration of the dispute about the amount of liability, the amount and currency of payment are established in the monetary units of the Russian Federation, namely in rubles.
The User and the Company agree that non-pecuniary damage is not subject to compensation.
3.4 If a person has registered as a User on behalf of the authorized company, this means that the company accepts the Agreement and undertakes to protect Joyway, its subsidiaries, management, agents and employees from any legal claims, processes and proceedings related to the use of VR Games and / or the Site, as well as from any liability, including financial, in relation to claims, damage, damage, processes, proceedings, legal costs, attorney fees and any other possible financial and non-financial relationships.
3.5. Joyway is in no way associated with the Content provided and / or posted (including broadcast, if provided by the functional features of the Products) by the Users in the VR Games and / or on the Site, and does not verify the content, authenticity and safety of such Content or its components, as well as their compliance with the requirements of current legislation and that the Users have the necessary scope of rights to distribute and / or use it.
3.6. The User is solely responsible for the compliance of the content of the Content posted by the User with the requirements of the current legislation, including liability to third parties in cases where the User's posting of such Content or its content violates the rights and legitimate interests of third parties, including the personal non-property rights of the authors, other intellectual rights of third parties. persons, and / or infringes on their intangible benefits.
3.7. The User agrees that Joyway is not obliged to pre-check the Content of any kind posted and / or distributed by the User through VR Games and / or the Site, and that Joyway has the right (but not the obligation), at its sole discretion, to refuse the User to post and / or distributing such Content to them or removing any Content that is available through the VR Games and / or the Site. The user understands and agrees that he must independently assess all the risks associated with the placement and distribution of such Content, including an assessment of the reliability, completeness or usefulness thereof.
3.8. In particular, when using the VR Games and / or the Site, the User is not entitled to:
- upload, send, transmit or in any other way post and / or distribute information that is illegal, harmful, defamatory, offends morality, demonstrates (or is propaganda) violence and cruelty, violates intellectual property rights, promotes hatred and / or discrimination of people on racial, ethnic, gender, religious, social grounds, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, child eroticism, represents advertising (or is propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons, as well as any other information that may harm third parties or the Company;
- violate the rights of third parties, including minors and / or harm them in any form;
- impersonate another person or representative of an organization and / or community without sufficient rights, including Joyway employees, as well as use any other forms and methods of illegal representation of others on the Internet, as well as introduce users and / or Joyway misleading about the properties and characteristics of any subjects or objects;
- upload, send, transmit or in any other way post and / or distribute Content, in the absence of rights to such actions under the law or any contractual relationship;
- upload, send, transmit or in any other way place and / or distribute not specifically permitted advertising information, spam (including search), lists of other people's email addresses, pyramid schemes, multilevel (network) marketing (MLM) , systems of Internet earnings and e-mail-businesses, "letters of happiness", as well as use the VR Games and / or the Site to participate in these events;
- unauthorized collection and storage of personal data of other persons;
- disrupt the normal operation of the VR Games and / or the Site by any means;
- post links to Internet resources, the content of which contradicts the current legislation of the Russian Federation;
- to facilitate actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
- otherwise violate the norms of the law, including the norms of international law and national law at the location and / or residence of the User.
3.9. In the event of a violation of rights and / or interests in connection with the use of VR Games and / or the Site, including the posting of inappropriate Content to other Users, Joyway should be notified of this by sending a written notification detailing the circumstances of the violation and a hypertext link to the Site page and / or indicate a place in the VR Game by means of a screenshot containing materials that violate the relevant rights and / or interests.
3.10. If there are claims from third parties in relation to the violation of any property and / or personal non-property rights of third parties, as well as the prohibitions or restrictions established by law by a certain User, such User is obliged, upon Joyway's request, to undergo official identification, providing Joyway with a notarized obligation to settle the claims on his own and at your own expense, indicating your passport data.
3.11. In the event that Joyway is brought to responsibility or a penalty is imposed on it in connection with violations of the rights and / or interests of third parties committed by the User, as well as prohibitions or restrictions established by law, such User is obliged to fully reimburse Joyway for losses.
3.12. In case of repeated or gross violation of the terms of this Agreement and / or legal requirements, Joyway has the right to block or delete the User's account, as well as deny access using the account to certain VR Games and / or the Site, and delete any information specified by the User in the Personal Account or Content posted by him without prior notice if there is a Personal Account. 4. Intellectual rights
4.1. All objects available through the VR Games and / or the Site, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and any other objects, including those recognized as copyright objects under the laws of foreign countries other than the Russian Federation, posted within the framework of the VR Games and / or the Site are subject to the exclusive rights of Joyway, Users and other rightholders.
4.2. Joyway grants the User the right to functional use of the VR Games and / or the Site within their general functionality. The User is granted a non-exclusive, non-transferable, limited license to use one copy of the VR Game for personal, non-commercial use in the ways specified below. Rights not expressly granted by this Agreement are reserved by Joyway.
4.3 Using the VR Games and / or the Site in other ways, including by copying (reproducing) the Content posted in them, as well as design elements, computer programs and databases included in the VR Games, their decompilation, modification, and subsequent distribution, public display, communication to the public is strictly prohibited, unless otherwise provided by this Agreement.
4.4. The User does not have the right to reproduce, repeat and copy (except for the first time when installed on a device), sell, or use for any commercial purposes any part of the VR Games and / or the Site (including the Content available to the User through the VR Games and / or the Site), or access to them, including, but not limited to, use in an Internet cafe, computer game center or any other site linked to a specific location, unless the User has received such permission from Joyway.
4.4.1. The user is not entitled to:
- sell, rent, lease, license, distribute or otherwise transfer VR Games or any copies of a VR Game without Joyway's express prior written consent.
- reverse engineer, source, modify, decompile, disassemble or create derivative works of the VR Game, in whole or in part.
- remove, disable or bypass any proprietary notices or labels contained in or within the VR Game.
- hack or modify (or attempt to modify or hack) the VR Game, or create, develop, modify, distribute or use any software in order to gain (or allow others to gain) the advantage of this VR Game.
-export or re-export the VR Game or any copy or adaptation of the VR Game.
4.5. The User's use of the VR Games and / or the Site, as well as the Content posted in them for personal non-commercial use, is allowed provided that all copyright protection marks, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author / name of the copyright holder is preserved. unchanged, keeping the corresponding object unchanged. The exceptions are cases directly provided for by the legislation of the Russian Federation or additional documents for use.
4.6 VR Games and / or the Site may contain links to sites on the Internet (third party sites). These third parties and their content are not checked by Joyway for compliance with certain requirements (accuracy, completeness, legality, etc.). Joyway is not responsible for any information, materials posted on third-party sites to which the User gains access in connection with the use of VR Games and / or the Site, as well as for the availability of such sites or information and the consequences of their use by the User.
4.7. A link (in any form) to any site, product, service, any information of a commercial or non-commercial nature posted within the VR Games and / or the Site does not constitute an endorsement or recommendation of these products (services, activities) by Joyway, except as when it is directly indicated by Joyway.
4.8. By accepting the terms of this Agreement, the User grants Joyway free of charge a simple (non-exclusive) license to use the your Content in the following ways:
- to reproduce the Content, i.e. make one or more copies of the Content in any material form, as well as record it in the memory of an electronic device (the right to reproduce);
- distribute copies of the Content, i.e. provide access to Content reproduced in any material form, including through network and other means, as well as by sale, rental, renting, lending, including import for any of these purposes (distribution right);
- publicly display the Content (the right to public display);
- publicly perform the Content (the right to public performance);
- to communicate the Content in such a way that any person can have access to it online from any place and at any time of his choice (the right to bring it to the public);
- modify the Content, i.e. to alter or otherwise process the Content, including the translation of the Content from one language to another (the right to revise);
- the right to assign all or part of the acquired rights to third parties (the right to sublicense).
4.9. The specified in clause 4.8 simple (non-exclusive) license to use the Content is provided by Joyway simultaneously with the addition of the Content to the VR Games and / or to the Site for the entire duration of the exclusive rights to the objects of copyright and (or) related rights constituting such Content for use in all countries of the world.
4.10. The user guarantees the right to dispose of the Content under the terms of the above license to the extent required. The User undertakes not to send to the Site and / or the VR Game materials that are protected by copyright, trade secrets or otherwise are subject to the property rights of third parties, including patent rights, privacy rights and rights to public use, if the User is not the owner of such rights or does not have permission from their rightful owner to post these materials.