Section 12. Territory and Term of the Agreement12.1. The User has the right to use the Game, including Activated Data and Commands and Unactivated Data and Commands, within the limits and on the terms established by this Agreement, in the territory of all countries of the world.
12.2. The Agreement between the Parties enters into force upon its conclusion in the manner established by this Agreement, and is valid for 1 (one) year. The term of the Agreement is automatically extended for each subsequent 6 (six) months, unless it has been terminated at the initiative of one of the Parties by sending the other Party a corresponding notice at least 30 (thirty) calendar days before the expiration of the Agreement's term. If the Agreement is terminated in the manner specified above, the Licensor does not refund any funds to the User and does not provide any other compensation, including for losses of any kind.
12.3. If amendments are made to the Agreement, such amendments enter into force from the moment the new version of the Agreement is posted at:
https://playtox.com/en/agreement, unless a different effective date is specified in the Agreement or in the relevant notice of amendment. If the Licensor amends the Agreement, the User's use of the Game or the Site in any way, or the User's performance of other actions related to the use of the Game or the Site, after the amendments take effect, means the User's agreement with the specified amendments and consent to perform the Agreement on the new terms. The User is not relieved of the performance of obligations or of liability for violation of the Agreement, if such obligations or liability are provided for by the Agreement taking into account the amendments made to it, including if the User has not familiarized themselves with the amendments to the Agreement.
12.4. The User does not have the right to use the Game and the Site if the User does not agree with the amendments made to the Agreement. In this case, the User has the right to unilaterally withdraw from the Agreement within 10 (ten) calendar days after the publication of the notice of amendments to the Agreement or the sending of a notice by email or in the Game. If the User decides to withdraw from the Agreement, the User must send the Licensor a notice of withdrawal from the Agreement by email. If the User does not send the corresponding notice within the period specified above, the User is deemed to have accepted the terms of this Agreement, taking into account the amendments made to it.
After receiving the User's notice of withdrawal from the Agreement, the Licensor suspends the User's access to the Game, including by blocking or deleting the User's Personal Page. In doing so, the Licensor does not refund any funds to the User and does not provide any other compensation, including for losses of any kind.
12.5. The Licensor has the right, at any time, to unilaterally withdraw from this Agreement out of court, which entails early termination of this Agreement, with the termination of the ability to use the Game and the Site, including activated and unactivated data and commands, as well as other components of the Game and the Site, in the following manner:
12.5.1. In the event of the closure and/or discontinuation of support of the Game or the Site, the Licensor must, at least 90 (ninety) calendar days before the date support of the Game or the Site is discontinued, send the User a corresponding notice or publish a corresponding notice in the Game or on the Site. In this case, the Licensor does not pay the User any compensation and, among other things, does not refund the User the License Fee paid for the grant of Rights to Unactivated Data and Commands, and does not pay their monetary equivalent.
12.5.2. In the event of a single material breach or any repeated breach by the User of the terms of this Agreement and other documents binding on the Parties, the Licensor has the right to unilaterally withdraw from this Agreement out of court without sending the User any notice. In this case, the Licensor does not pay the User any compensation and, among other things, does not refund the User the License Fee paid for the grant of Rights to Unactivated Data and Commands, and does not compensate the User for their monetary equivalent.
12.6. The User has the right, at any time, without notice to the Licensor, to unilaterally withdraw from this Agreement in full, out of court, provided that the User stops using the Game and the Site, including any of their elements and components, and deletes the User Client from the memory of the User's user device.
Withdrawal from the Agreement may be effected by the User by sending the Licensor a corresponding request to delete the Personal Page from the Game and/or the Site, using one of the methods provided for by this Agreement. If the User withdraws from the Agreement, the User remains bound by obligations not fulfilled at the time of withdrawal from the Agreement, and remains liable for violations committed during the term of the Agreement. If a User account was created in the Game, the Licensor deletes it on the basis of the User's above-mentioned request, sent by one of the methods provided for by this Agreement. In this case, access to the activated and unactivated data and commands granted to the User may be terminated by the Licensor without the possibility of restoration. In this case, the Licensor does not pay the User any compensation and, among other things, does not refund the User the License Fee paid for the grant of Rights to Unactivated Data and Commands, and does not compensate the User for their monetary equivalent.
12.7. The User confirms that the Licensor has the unconditional right to unilaterally amend the terms of the documents binding on the Parties referred to in this Agreement, and that such amendments do not constitute amendments to this Agreement.
Binding documents are approved, supplemented, and amended by the Licensor at its own discretion and are brought to the User's attention in the manner provided for notifying the User of amendments to this Agreement.
12.8. The Licensor does not assume any obligations and does not give any warranties under which it would undertake to provide support and development, or to ensure the implementation of interactive features and services in the Game, for the entire duration of its existence.
12.9. The Licensor has the right, at any time, without notifying the User and without explanation, unilaterally and out of court, with immediate termination of access to and the ability to use the Game, and without compensation for any expenses or losses or refund of the License Agreement, and without paying the User the monetary equivalent of the Rights to Unactivated Data and Commands, to:
- close the Game;
- terminate and/or suspend access to the Game and/or Unactivated Data and Commands in the Game, and discontinue support of the Game;
- cancel this version of the Agreement by issuing the Agreement in a new version and deeming it necessary to conclude the Agreement with the User in the new version;
- cancel and/or suspend the User's access to the Game and/or Additional Game Features, including in the event of a single or repeated violation by the User of this Agreement and/or the rules of the Game;
- cancel and/or suspend the User's access to the Game and/or Additional Game Features, including by deleting the User's account.
12.10. The User acknowledges and agrees that the exclusive right in full to the Game, including its various language versions translated into different languages, including all elements and components of the Game, such as game characters, in-game items and accessories, in-game values, audiovisual displays, graphic images, photographs, animations, video images, video clips, sound recordings, sound effects, music, the text content of the Game, and other components of the Game, belongs to the Licensor or another lawful rights holder, unless otherwise expressly stated in the Agreement, on the Game Site, or in the Game itself.
12.11. The invalidity of one or more provisions of the Agreement, established in the prescribed manner by a court decision that has entered into legal force, does not entail the invalidity of the Agreement as a whole for the Parties. If one or more provisions of the Agreement are found invalid in the prescribed manner, the Parties undertake to perform the obligations they assumed under the Agreement in a manner as close as possible to what was intended by the Parties when concluding and/or agreeing to amend the Agreement.
12.12. This Agreement is governed by and construed in accordance with the legislation of the Russian Federation. Matters not settled by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.
12.13. All disputes between the Parties in respect of this Agreement shall be resolved through correspondence and negotiations, using a mandatory pre-trial (claim) procedure. If the Parties are unable to reach agreement through negotiations within sixty (60) calendar days from the date the other Party receives a written claim, the dispute may be referred by either interested party to the court at the place of registration of the Licensor, in accordance with the procedural and substantive law of the Russian Federation, excluding its conflict-of-laws rules. The provisions of this clause of the Agreement are deemed to be the Parties' agreed condition on contractual jurisdiction for disputes arising in connection with the performance of this Agreement, to be heard by a court of the Russian Federation at the place of registration of the Licensor, regardless of the composition of the parties to the dispute.
12.14. Unless otherwise provided by the Agreement, any notices may be sent by one Party to the other Party: 1) by email, a) to the User's email address specified by the User upon registration on the Site/in the Game, if the recipient is the User, and b) to the Licensor's email address, from the email address specified by the User upon registration; 2) by sending the User an electronic message in the Game.
12.15. This Agreement and any published amendments to this Agreement are effective in full and remain in force for the entire period the User uses the Site or the Game, regardless of the User's registration in the Game.
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