1.1.4. any of our other resources, including without limitation user support, mobile apps, and any resources accessible via a third party platform, web application, or social media (together the "Ancillary Resources").
1.2. In this EULA, we refer to the Sites, Games, Games Forums and Ancillary Resources as the "Resources".
(d) other Wargaming rules and policies (together with the Game Rules, Forum Rules the "Rules").
2.3. You must also accept and comply with all rules of external platforms applicable to the Resources or specific Games, including but not limited to Xbox Games and other Xbox services rules, PlayStation®4 licenses and other Sony rules, Apple Appstore and Game Center rules, and Google Play rules ("Third Party Terms"). Any breach of any Third Party Terms shall be regarded as a fundamental breach of this EULA.
3.1 You must be at least 13 years of age to use the Resources. If you are under the age of 13 or you do not agree to this EULA, then you are not granted a license to use or access the Resources. By agreeing to this EULA, you represent and warrant to us: (i) that you are at least thirteen years of age; and (ii) that your registration and your use of the Resources complies with all applicable laws and regulations.
3.2 You agree that you will not knowingly allow any individual under the age of 13 or other minimum legal age where it differs under local legal requirements to use or access the Resources.
4.1 From time to time, at our sole discretion, we may amend, modify or replace this EULA, for example to reflect new products or services or because of changes in the law, without prior notice. If we make a material change to this EULA, we will make reasonable efforts to notify you and, where required by applicable law, we will obtain your consent. We may provide notice through a pop-up or banner within the Resources, by sending an email to any address you may have used to register for an Account, or through other mechanisms. Material changes to this EULA will take effect upon the earlier of (a) your actual notice or (b) thirty (30) days from posting of such change. If we make a non-material change to this EULA which does not reduce your rights, we will post a new version of this EULA and the new version of this EULA will take effect immediately upon the date of posting. The latest version of this EULA will always be available on the Sites, so we recommend that you check for updates to this EULA each time you use the Resources. If you continue to use the Resources after a new version of this EULA takes effect, then you shall be considered to have accepted the latest version of this EULA (other than for those material changes where your consent is required). Disputes arising under this EULA will be resolved in accordance with the version of the EULA in place at the time the dispute arose. This section does not apply to changes to the Rules that are addressed in Section 4.2.
4.2 From time to time, at our sole discretion, we may also amend, modify or replace the Rules, for example to ensure that the Games and Games Forums operate smoothly and to reflect the needs of the community using the Games and Games Forums. The latest version of the Rules will always be available on the Sites. Any new version of the Rules shall take effect immediately upon the date of posting on the Sites. If you continue to use a Game or Game Forums after a new version of the applicable Rules takes effect, then you shall be considered to have accepted the amended Rules.
5.1 The software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, data, and all other elements of the Resources, as well as the design and appearance of our Sites and the Games (collectively, the "Content"), provided by TECHHOME are protected by all relevant intellectual property and proprietary rights and applicable laws.
5.2 As between you and TECHHOME, TECHHOME and its licensors own the Content and all of the intellectual property rights in it. Except as expressly authorized by TECHHOME, you may not make use of the Content or the Resources. TECHHOME and its licensors reserve all rights in and to the Content and the Resources not expressly granted in this EULA. Any unauthorized use of the Content or Resources for any purpose is prohibited.
5.3.9 remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.
5.4.7 we may monitor use of the Resources for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic player behavior and improving the Resources.
6.1 Additional Features. The Resources may permit you to acquire and accumulate rights to certain additional virtual game content, features and functionalities (including rights to in-game assets and points) as made available by TECHHOME ("Additional Features") which you are granted a license to use pursuant to the terms of this EULA. Additional Features constitute a limited, non-transferable, revocable right to use features of the Resources when, as, and if allowed by TECHHOME and solely as governed by and permitted under this EULA. Subject to this EULA, Additional Features may be exchanged for access to upgraded features, may be exchanged for other Additional Features, or used in connection with other features made available by TECHHOME through the Resources. Additional Features are not real-world currency, have no monetary value, and cannot be used, exchanged, or redeemed except as provided in this EULA, and cannot be transferred, in any case. For avoidance of doubt, Additional Features are not redeemable or refundable for any sum of money or monetary value from TECHHOME or any third party at any time; provided, however, if and to the extent that any Additional Features are determined by applicable law to constitute real world currency or property, then they are the property of TECHHOME.
6.2 Acquiring Additional Features. You may accrue Additional Features in a variety of ways. TECHHOME may distribute or provide access to Additional Features in exchange for taking certain actions (either directly within the Resources, or in connection with a third party service), for a fee, or without any fee or required action, in its sole discretion. TECHHOME may charge fees for the right to exercise rights associated with Additional Features. You agree that you do not "own" the Additional Features and that TECHHOME has the absolute right to manage, regulate, control, modify and/or eliminate such Additional Features in its sole discretion, in any general or specific case, and that Wargaming will have no liability to you based on its exercise of such right. TECHHOME allows you to accumulate and manage your Additional Features, and may use terms such as "buy" and "sell" to refer to the grant or transfer of rights to use the Resources. Use of terms such as "buy" or "sell" does not indicate any ownership right. The total amount of a purchase may be adjusted by adding a fee, if any, applicable to the payment method you selected and for mandatory tax payments, if any, required by law. If adjusted, the total amount of the purchase will be recalculated automatically and displayed before you confirm the purchase, provided, however, that such functionality is supported by a chosen payment method. If your payment is in a currency other than that of the purchase amount shown on the Site, the exchange rate applied will depend on the selected payment method.
6.3.5 To acquire Additional Features, you need to follow the instructions provided in the Resources; this can include making a payment and providing personal and financial details (which you represent shall be complete and accurate).
6.3.8 If you receive Additional Features or achievements free of charge, at a lower price or without performing the actions that are normally required for receipt (e.g., experience points without playing the Game) (i) due to a technical error (a bug), you must report this to TECHHOME immediately; or (ii) due to hacking, fraud or other illegal actions, you must report this to TECHHOME immediately and pay for such Additional Features to the extent already consumed. In each case, TECHHOME may delete such Additional Features and achievement without any notice to you and, if you have already consumed the Additional Features, to block access to your Account until you reimburse the full price of the corresponding Additional Feature(s).
6.3.10 We may limit or block a request to acquire Additional Features for any reason.
6.4 Non-Refundable Purchase. In the event you purchase Additional Features from TECHHOME, we will transfer the Additional Features to you only once that payment has been processed, and you may start using Additional Features as soon as you have completed the purchase process. You therefore have no right to cancel any transaction to purchase Additional Features after completion of the purchase process and being entitled to download the Additional Features.
6.5 Restrictions. You agree and acknowledge that TECHHOME may deny or place limitations or restrictions on any purchase, issue, or redemption of Additional Features, individually or with respect to general volume, at any time and for any reason. TECHHOME may halt, suspend, discontinue, or reverse any Additional Features transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Resources, or the service of any affiliated or related third party.
7.1 This section relates to any fan web site that you may create or operate regarding any of our Games or Resources (collectively, "Fansites," and each a "Fansite").
7.2 At some of our Sites we expressly designate certain Content, such as TECHHOME game-related images, graphics or artwork and trademarks, as being "for fansite use". In this EULA we refer to this specifically designated Content as "Fansite Content".
7.3.8 you must not make, or seek to make, any commercial use or profit out of the Fansite Content (including for example by selling subscriptions to your Fansite) without our prior written consent.
7.4 If you fail to comply with any of the terms set out in this section, we reserve the right to terminate your license over the Fansite Content and also to close your Account.
7.5 All goodwill arising from your use of Fansite Content, including from use of any trademarks owned by TECHHOME, shall inure solely to the benefit of TECHHOME.
8.1 General. Some Resources permit you to create or upload content which you own, have created or otherwise have appropriate rights in (which we refer to in this EULA as "User Generated Content" or "UGC"). UGC includes, for example: Account personas, forum posts, chat posts, voice chat, messenger type features, profile content and any other content or materials contributed by users to, on, or through the Resources. If TECHHOME believes that your use or uploading of UGC breaches any of the terms and conditions set forth herein, then TECHHOME may remove, block, edit, move or disable such UGC in its sole discretion. If you contravene any of the terms and conditions herein, TECHHOME reserves the right to suspend or permanently remove availability of your UGC and to take any other steps that we consider appropriate.
8.2 License Grant to TECHHOME. By posting or publishing UGC, you grant TECHHOME a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your UGC, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your UGC by TECHHOME may be without any compensation paid to you.
8.3 License Grant to Other Users. By posting and sharing UGC on the Resources or otherwise with another user of the Resources, you hereby grant that user a non-exclusive license to access and use such UGC as permitted by this EULA and the functionality of the Resources.
8.4.7 Your use of the Resources or Content, including the UGC you upload, complies with all applicable laws and legislation and is not harmful, offensive, defamatory, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else's privacy, illegal or likely to cause any reputational loss or embarrassment to TECHHOME or its affiliates.
8.5 USERS OF THE RESOURCES CREATE, DOWNLOAD AND USE UGC AT THEIR OWN RISK. WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL UGC THAT YOU OR OTHER USERS POST OR PUBLISH, AND WILL NOT BE IN ANY WAY RESPONSIBLE OR LIABLE FOR UGC. TECHHOME MAY, HOWEVER, AT ANY TIME AND WITHOUT PRIOR NOTICE, SCREEN, REMOVE, EDIT, OR BLOCK ANY UGC THAT AT OUR SOLE JUDGMENT VIOLATES THIS EULA OR IS OTHERWISE OBJECTIONABLE. YOU UNDERSTAND THAT WHEN USING THE RESOURCES YOU WILL BE EXPOSED TO UGC FROM A VARIETY OF SOURCES AND ACKNOWLEDGE THAT UGC MAY BE INACCURATE, OFFENSIVE, INDECENT OR OBJECTIONABLE. YOU AGREE TO WAIVE, AND DO HEREBY WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TECHHOME WITH RESPECT TO UGC. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH UGC. IF NOTIFIED BY A USER OR CONTENT OWNER THAT UGC ALLEGEDLY DOES NOT CONFORM TO THIS EULA, WE MAY INVESTIGATE THE ALLEGATION AND DETERMINE AT OUR SOLE DISCRETION WHETHER TO REMOVE THE UGC, WHICH WE RESERVE THE RIGHT TO DO AT ANY TIME AND WITHOUT NOTICE. FOR CLARITY, TECHHOME DOES NOT PERMIT COPYRIGHT-INFRINGING ACTIVITIES ON THE RESOURCES.
9.1 We are always pleased to hear from our users and welcome specific comments about our Resources. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. The aim of this policy is to avoid the possibility of future misunderstandings when projects that we develop might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative suggestions, ideas, notes, drawings, concepts or other information such as game ideas or original artwork ("Submissions").
9.2 Any and all Submissions that you send to us, whether at our specific request or notwithstanding our request that you do not do so, shall be deemed, and shall remain, our property from the time of uploading or transmission.
9.3 Accordingly, you hereby assign to TECHHOME (including as a present assignment of future rights) all intellectual property rights in Submissions that you send to us to the extent owned by you. If for any reason this assignment is not effective, then you agree that TECHHOME shall have a worldwide, perpetual, irrevocable and royalty-free license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. To the extent permitted by applicable laws, you also waive any moral rights or rights of a like nature that you may have in such Submissions.
9.4 You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this section.
10.1.4 removing, altering or concealing any copyright, trademark, patent or other proprietary rights notice of TECHHOME contained in the Sites, the Game and/or the Resources.
10.1.15 performing, soliciting, or assisting with a distributed denial of service (DDoS) attack against the Resources or any user.
10.2.4 we may suspend or terminate your Account as provided in section 13.
10.3.2 we may suspend or terminate your Account as provided in section 13.
10.4 If you encounter another user who is contravening any of the Rules or other terms of this EULA, please report this activity to TECHHOME using techhomedev@mail.ru.
11.1 From time to time we may need to update, reset, temporarily interrupt or shut down some or all of the Resources. Any of these actions may cause you to lose access to the Resources temporarily and/or cause you setbacks within a Game or other aspects of your use of the Resources. Please bear in mind that these activities are sometimes required to enable us to continue to provide the Resources.
11.2 We shall have no liability to you if the Resources or any aspect of them (including any Additional Features, accounts, statistics, user ranks or profile information) are interrupted or unavailable for any reason. We may suspend or terminate the availability of the Resources and Content, in whole or in part, to any individual user or all users, for any reason, at TECHHOME's sole discretion, and without any advance notice or liability.
14.1.2 remove or suspend access to particular features, content or other parts of the Resources.
14.2 We need to take the actions referred to in this section automatically in order to keep the Resources running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions and you confirm that you consent to us taking these actions without your prior approval and without any prior notice.
15.1 We may give you the opportunity to alpha or beta test new games and features of the Resources. Your participation as an alpha/beta tester is subject to the following terms and conditions.
15.2 Unless expressly indicated otherwise, all alpha/beta tests are confidential. The alpha/beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in an alpha/beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the alpha/beta games. You will carry out the testing personally and not provide access to alpha/beta games to any other person. Your obligation to keep the alpha/beta games confidential will continue until we publicly distribute, or otherwise disclose to the public through no fault of yours, each of the games and the content that you are testing.
15.3 If TECHHOME notifies you that you have been selected as an alpha/beta tester for an applicable alpha/beta game, you are invited to play the alpha/beta game for the sole purpose of evaluating the alpha/beta game and identifying errors. Nothing in this EULA or the Sites shall be construed as granting you any rights or privileges of any kind with respect to the alpha/beta games. THE ALPHA/BETA GAMES ARE PROVIDED FOR TESTING ON AN "AS IS" BASIS AND WE MAKE NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED.
15.4 When playing certain alpha/beta games, you may accumulate or have access to Additional Features or other features referred to as treasure, experience points, equipment, or other value or status indicators. We may reset this data when the relevant game completes this testing phase or at any time during the testing process. In this case, all player history and data will be erased and each player will return to novice status.
15.5.6 unless otherwise expressly indicated by TECHHOME, you will keep all information about the alpha/beta games confidential and not disclose such information to any other person.
17.1.6 A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
17.2.4 Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which TECHHOME may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. We will respond to counter notifications in accordance with the DMCA.
You agree that you are responsible for your use of the Resources, and you agree to defend, indemnify, and hold harmless TECHHOME and its affiliates, and their officers, directors, employees, consultants, and agents (collectively, the "Wargaming Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Resources; (ii) your violation of this EULA or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your Submissions; (v) your use of a Third Party Service; (vi) any misrepresentation by you or (vii) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Resources.
19.1 EXCEPT AS OTHERWISE SET FORTH HEREIN, THE RESOURCES, GAMES, ANCILLARY SERVICES AND ALL CONTENT AVAILABLE THROUGH THE RESOURCES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TECHHOME ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE, RELATING TO THE RESOURCES AND ALL CONTENT AVAILABLE THROUGH THE RESOURCES, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. THE TECHHOME ENTITIES DO NOT WARRANT THAT THE RESOURCES OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE RESOURCES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
19.2 YOU UNDERSTAND AND AGREE THAT YOU USE THE RESOURCES AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE RESOURCES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE RESOURCES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE RESOURCES OR THE DOWNLOAD OR USE OF ANY GAMES, MATERIALS OR CONTENT.
20.1 IN NO EVENT WILL THE TECHHOME ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR COST OF PROCURING SUBSTITUTE GOODS OR RESOURCES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE RESOURCES OR ANY GAMES, MATERIALS OR CONTENT ON OR THROUGH THE RESOURCES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE TECHHOME ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
20.2 YOU AGREE THAT THE AGGREGATE LIABILITY OF THE TECHHOME ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE RESOURCES (INCLUDING ANY GAMES, MATERIALS OR CONTENT AVAILABLE THROUGH THE RESOURCES) OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO TECHHOME IN THE 12 MONTHS PRIOR TO THE CLAIM FOR ACCESS TO AND USE OF THE SPECIFIC RESOURCES OR GAME FROM WHICH THE CLAIM AROSE OR (ii) $100.
20.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
20.4 EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS EULA BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS EULA. THE LIMITATIONS IN THIS SECTION 21 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by laws of the State of California, USA, without regard to the conflict of laws principles thereof. To the extent that any lawsuit or court proceeding is permitted hereunder, you and TECHHOME agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Alameda County, California, USA for the purpose of litigating all TECHHOME disputes.
"Fightttris VR", "Post Apocalipse Express", "techhome3d.ru" TECHHOME and their respective logos are trademarks or registered trademarks of TECHHOME. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Games are the property of their respective owners and all rights in them are reserved.
23.1 Consent or Approval. No consent or approval of TECHHOME may be deemed to have been granted by TECHHOME without being in writing and signed by an officer of TECHHOME.
23.2 Severability; Interpretation; Assignment. If any provision of this EULA, or any applicable Rules, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from this EULA or the Rules, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this EULA or the Rules. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. TECHHOME may assign its rights and obligations under this EULA and any applicable Rules, in whole or in part, to any party at any time without any notice. This EULA and any applicable Rules may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of TECHHOME.
23.3 Complete Agreement; No Waiver. This EULA, and any applicable Rules, reflect our complete agreement regarding the Resources and supersede any prior agreements, representations, warranties, assurances or discussion related to the Resources. Except as expressly set forth in this EULA or any applicable Rules, (i) no failure or delay by you or TECHHOME in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this EULA or any applicable Rules will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
23.4 Investigations; Cooperation with Law Enforcement. TECHHOME reserves the right to investigate and prosecute any suspected breaches of this EULA or the Resources. TECHHOME may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
If you have any questions, complaints, or comments regarding this EULA, please contact us at techhome3d.ru or techhomedev@mail.ru. You acknowledge that the provision of support is at TECHHOME's sole discretion and that we have no obligation to provide you with customer support of any kind. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
©2018 TECHHOME. All rights reserved.
We keep most of your Personal Data gathered and processed for the purposes described in this Policy for as long as you continue to use our Services. The process of erasing your Personal Data can take up to one month from expiry of the grace period and, considering the complexity and number of requests, may be extended by a further two months. Read more in Section 7.4 "Right to erasure".
We collect Personal Data and other information that you voluntarily provide. It is entirely your decision to provide the requested information. However, your use of certain Services is possible only if you provide required information.
We indirectly collect a variety of information through your interaction with and use of our Games, Sites and other Services. This information may include, but is not limited to, anonymized browser and device information (both software and hardware), data collected through automated electronic interactions, application usage data, demographic information, geographic, geo-location information, statistical and aggregated information ("Other Information"). Statistical or aggregated information does not directly identify a specific person, but it may be derived from Personal Data. For example, we may aggregate Personal Data to calculate the percentage of users in a particular country. If Other Information is combined with Personal Data, we will treat the combined information as Personal Data.
In order to provide you with efficient services, we need to collect, store and use various information about your activity in our Games. "Game-Related Information" includes your in-game identifier, which for most of our Games is known as "TECHHOME ID", as well as what is usually referred to as "game statistics". By "game statistics" we mean information about your Games preferences, progress in the Games, participation and performance in clans, frequency of playing.
In order to fix crashes and other technical issues that may arise while you are installing the Games and using our Services, as well as to make our Services more suitable for you, we collect, store and use information about the device you are using the Services on, including what type of device it is, what hardware and operating system you are using, the device settings, unique device identifiers, and crash data (if any). Whether we collect some or all of this information often depends on what type of device you are using and its settings. You may also install applications collecting and using additional data required for fixing crashes, errors and other technical issues arising during your use of the Services.
4.2.4. Information from publicly available online resources We may use the information made publicly available, e.g. through vk.com, Facebook, Instagram and Twitter, in order to find out your opinion about Games and Services, so that we could take them into account while improving our Services. Such data collection can be carried by TECHHOME independently, or received from our partners making analysis of public sentiments on various issues.
In some cases, TECHHOME receives your personal data as a data processor, which means that the data is controlled by our partners and we use it only in accordance with their instructions and applicable laws. We use this data in order to fulfil our obligation under the EULA, improve the Servcies, and when processing is required in order to comply with a legal obligation to which we are subject.
We will use your Personal Data for our legitimate interests according to Article 6(1)(f) of the GDPR to advertise our products and services in accordance with this Policy. Also, if you opt-in, we will send you personalized marketing emails, messages and in-game and web offers about TECHHOME offline events, co-projects of TECHHOME and its partners, as well as about TECHHOME games.
We will also use the Game-Related Information to send you in-game offers that we believe are most useful to you. To make the offer we first collect Game-Related Information from various players, identify patterns in their behaviour, and create algorithms that identify pools of players following the pattern or particular players who follow the pattern. To those players who actually follow the pattern – we send the in-game offers, which can be personalized (i.e., we want the in-game offer to reach you or a relatively small number of players specifically) or non-personalized (i.e., we want the in-game offer to reach a large number of players following a pattern). We make sure that such offers never have any significant impact on you or our other players.
When your personal data is shared with TECHHOME affiliates and subsidiaries, as well as third parties outside the European Union or the European Economic Area, TECHHOME guarantees an adequate level of personal data protection, including but not limited to, by entering into standard data protection clauses adopted by the European Commission with TECHHOME affiliates and subsidiaries, as well as such third parties. We will provide you with a copy of the standard data protection clauses upon your request.
You can manage your subscriptions to direct marketing. Please note that even if you unsubscribe from all our personalized marketing emails, messages, in-game and web- offers, we will still send you some notifications. Also, even after you have unsubscribed from our in-game and web offers, you may still see them within the Games and on some web-sites: that would mean that such offers are shown to everyone or to a very broad audience or to a very broad audience and are not specifically directed to you.
You have the right to obtain deletion by us of Personal Data concerning you by deleting your Account via our "Account Deletion" tool available in the Account Management tools.
Information we retain. Upon expiry of the suspension period we will delete all Personal Data about you, except for the data that are required for our compliance with the requirements of applicable laws (e.g. tax and accounting requirements) or for our detection, investigation and prevention of cheating in the Game and EULA violations. Information you have shared with others (e.g. through in-Games chats, updates or group posts) will remain visible after you closed your account or deleted the information from your own profile or mailbox, and we do not control data that other Members copied out of our Services. Groups content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g. search engine results) until they refresh their cache.
© 2018 techhome3d.ru. All rights reserved.