This document represents an offer by Overmobile LLC (hereinafter referred to as the “Licensor”) to enter into a license agreement (hereinafter referred to as the “Agreement”) for the use of the gaming software “Pocket Tower” (hereinafter referred to as the “Game”), located on address https://tower.game and includes computer programs and databases that make up the Game in the basic version (activated data and commands), and expanding it functionality of software components (non-activated data and commands), subject to the conditions set out below.
1.1. Your use of the Game in any way and in any form within the limits of its declared functionality, including:
creates a license agreement (hereinafter referred to as the “Agreement”) on the terms of this Agreement in accordance with the provisions of Articles 437 and 438 of the Civil Code of the Russian Federation.
1.2. A mandatory condition for concluding the Agreement is the unconditional acceptance and compliance by the User of the requirements and provisions applicable to the relations of the Parties, defined by the following documents (hereinafter referred to as the “Mandatory Documents”):
1.3. Mandatory documents form an integral part of this Agreement and contain the essential terms of the Agreement.
1.4. By using any of the above opportunities to use the Game, you confirm that:
2.1. Persons over 16 years of age may act as Game Users.
2.2. The license for the basic version of the Game is provided free of charge and provides the opportunity to complete the Game as a whole without the need to purchase an extended version of the Game.
2.3. The list of functionality, the use of which requires prior registration of the User, the purchase of a license for an extended version of the Game and/or payment of a license fee is determined at the sole discretion of the Licensor and may change from time to time.
2.4. By specifying identification data associated with the User's account when making a payment, you confirm that you are the User who has registered this account or are acting on his behalf and in his interests. Payment is credited to the personal account of the Game User based on the data provided by the Operator.
2.5. Some technical, organizational, financial and commercial conditions for using the Game, including the functionality of its extended version, may be brought to the attention of Users by separately posting information in the Game.
3.1. The Licensor grants the registered and/or authorized User the right to use the Game in the basic version under the terms of a simple (non-exclusive) non-transferable license free of charge.
3.2. As part of the declared functionality of the Game in the basic version, the Licensor provides the registered User with the opportunity to:
3.3. The Licensor has the right to set limits on the volume and composition of information materials posted by the User, as well as introduce other technical restrictions on the use of the Game, which will be brought to the attention of Users from time to time in the form and manner of the Licensor’s choice.
3.4. A license to use the extended version of the Game is provided to Users on a paid basis solely at the User’s request in order to speed up the game process.
3.5. Making established payments for using the extended version of the Game is possible through one of the operators providing the User with mobile radiotelephone communication services in the Russian Federation, CIS countries or the EU (hereinafter referred to as the “Operator”), or payment systems operating in the specified territory that accept funds under the agreement with the Licensor or its counterparty (hereinafter referred to as the “Partner”).
3.6. As part of the license for the extended version of the Game, the Licensor provides the registered User with the opportunity to:
3.7. A license to use the extended version of the Game is granted to the User from the moment the license fee established for it is paid under the terms of this Agreement. From the moment the license to use the extended version of the Game is granted, the Licensor’s obligations under the agreement for such version are considered fulfilled. Further participation in the Game continues on the basis of a license for the Game in the basic version.
3.8. The license fee is not refundable in the event of a change or termination of the agreement, including temporary or permanent restrictions on the use of game scenarios (including using a separate game character), or the possibility of using part of individual components of the Game (including the forum and/or chat), as well as expanding its functionality.
3.9. Rights and methods of using the Game that are not expressly granted/permitted to the User under this Agreement are considered not granted/prohibited by the Licensor.
3.10. The license period for the Game in the basic version is limited to the period of its support by the Licensor. The Licensor does not provide guarantees or promises to support the Game during the entire period of protection of the exclusive rights to the Game.
3.11. The term of the license for the Game in the extended version is determined by the Licensor's tariffs, but in any case cannot be longer than the term of the License for the Game in the basic version.
By accepting this Agreement, you represent and warrant that:
4.1. You have all the necessary rights and authority to enter into this Agreement and execute it;
4.2. You will use the Game solely for the purposes permitted by this Agreement in compliance with its provisions, including the terms of the Mandatory Documents, as well as the requirements of applicable law and generally accepted practice;
4.3. You will not take any action that conflicts with or interferes with the provision of the Game (or the operation of the related equipment, networks, or software through which the Game is provided);
4.4. Your use of the Game for specific purposes does not violate the property and/or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, rights to trademarks, service marks and appellations of origin, rights for industrial designs, rights to use images of people, living or dead, etc.;
4.5. The materials you post or the names and messages you use do not contain information and/or images that offend human dignity, promote violence, pornography, drugs, racial or national hatred, etc., and you have received all necessary permissions from authorized persons in connection with use of materials.
By accepting this Agreement, you understand and acknowledge that:
5.1. The game is intended for personal, family, household and other non-business needs of individuals. Using the Game for commercial purposes, including for generating any income, is not permitted.
5.2. The Game is provided on an “as is” basis, and therefore you are not provided with any guarantee that the Game will meet your requirements; access to it will be provided continuously, quickly, reliably and without errors; the results that may be obtained from the use of the Game will be accurate and reliable; the quality of any product, information and other content obtained through the use of the Game will meet your expectations; all errors in the Game software will be corrected.
5.3. Since the Game is constantly being added to and updated with new features, their form and nature may change from time to time without prior notice to you. The Licensor has the right, at its sole discretion, to stop (temporarily or permanently) providing access to the Game (or any of its individual functionality) to all Users in general or to you in particular, without prior notice to you.
5.4. The design of the Game, its software and technical support are designed for access through a mobile terminal via radiotelephone (cellular) communications using the WAP and/or GPRS protocols; when accessed from other devices and using other protocols, the Game may not work correctly.
5.5. The licensor is not responsible for the quality of communication and data transfer speed. All questions about communication stability, its settings, mobile phone settings and other similar technical problems should be directed to the Operator.
5.6. The cost of WAP/GPRS traffic is determined by agreement with the Operator. Issues related to payment for WAP\GPRS traffic must be resolved with the Operator. Claims for payment for a license for an extended version of the Game through Operators or Partners are accepted only after the User confirms the request to the specified persons to search for the funds paid and they confirm the fact of the transfer of the User's funds to the Licensor's account in full.
5.7. The Licensor is in no way connected with the materials posted by Users in the Game (hereinafter referred to as “content”), and does not verify the content, authenticity and safety of these materials, as well as their compliance with the requirements of applicable law, and whether Users have the necessary scope of rights to their use.
5.8. In particular, you are prohibited from using the Game for:
5.9. Despite the prohibition, when using the Game you may receive content that you may consider to contain information of an offensive or obscene nature, or that violates applicable law and the rights of third parties.
5.10. Full responsibility for the content of the content and its compliance with the requirements of applicable law lies with the person who created this content and (or) posted it in the Game.
5.11. The game may contain links to other resources, and the Licensor does not bear any responsibility for the availability of these resources, for their content and advertising materials, as well as for any consequences associated with the use of these resources, their content or advertising.
5.12. You are solely responsible for any violation of the obligations established by this Agreement and (or) applicable law, as well as for all consequences of such violations (including any loss or damage that the owner of the Game and other third parties may suffer).
5.13. In the event of any claims by third parties regarding violation of any property and/or personal non-property rights of third parties, as well as prohibitions or restrictions established by law, you are obliged, at the request of the Licensor, to undergo official identification, providing the Licensor with a notarized obligation to resolve the claims on its own and at your own expense, indicating your passport details.
5.14. The Licensor reserves the right to remove any content from the Game or temporarily restrict access to it unilaterally without giving reasons or paying compensation.
5.15. In case of violation by the User of the terms of this Agreement, including Mandatory Documents, as well as legal requirements, the Licensor reserves the right to limit or terminate the User’s access to the Game in its entirety or to any functionality of the Game (forum, chat, file archive, etc.).
5.16. If the Licensor is held liable or a penalty is imposed on him in connection with your violations of the rights and/or interests of third parties, as well as prohibitions or restrictions established by law, you are obliged to fully compensate the Licensor for losses.
5.17. The licensor excludes any liability in connection with any violations committed by you, as well as any harm or loss caused to you under the above circumstances.
5.18. Under any circumstances, the Licensor's liability is limited to 1,000 (One thousand) rubles and is assigned to him if there is guilt in his actions.
5.19. If you discover a violation of your rights and/or interests in connection with the provision of the Game, including illegal posting of materials by another User, you should inform the Licensor about this. To do this, you must send the Licensor a written notice detailing the circumstances of the violation and a hypertext link to the Game page containing materials that violate your rights and/or interests by email: office (at) overmobile (dot) ru.
5.20. Due to the provision of a license to use the Game in the basic version free of charge, the provisions of the legislation on the protection of consumer rights are not applicable to the relations of the Parties under such a license.
5.21. The presence or absence of a violation of the Agreement in the User’s actions, including Mandatory Documents, relates to the organization of the game process and follows from the conditions of the game. Game sanctions are provided to ensure a balance of interests of all Users participating in the Game, and are a mandatory part of the game process.
5.22. Monitoring compliance with the Agreement, including the Mandatory Documents, is entrusted to the Licensor, whose decisions are final and not subject to appeal.
6.1. You agree to receive from the Licensor informational SMS and PUSH messages (hereinafter referred to as “notifiers”) about important events occurring with its information resources within the system, on the following terms.
6.2. The functionality of the Game may include the ability to send and/or receive messages in the Game from other Users.
7.1. The registered User independently determines the conditions and procedure for using the account (profile) created by him, which, however, under no circumstances can contradict this Agreement.
7.2. Applicable right. This Agreement, the procedure for its conclusion and execution, as well as issues not regulated by this Agreement, are governed by the current legislation of the Russian Federation.
7.3. Claims. The claim procedure for resolving disputes under this Agreement and/or in connection with it is mandatory. The claim is sent by registered mail with acknowledgment of receipt or delivered in person against signature. In the absence of reliable information about the User's postal address, it is allowed to send a claim to the email address specified in his profile, or by means of notification. The period for consideration of the claim is 30 (Thirty) days from the date of receipt.
7.4. Arbitration. All disputes under the Agreement or in connection with it are subject to consideration in court at the location of the Licensor in accordance with the current procedural law of the Russian Federation. Since the Law “On the Protection of Consumer Rights” is not applicable to the relations of the Parties, the provisions of paragraph 7 of Article 29 of the Code of Civil Procedure of the Russian Federation on jurisdiction at the choice of the plaintiff also do not apply.
7.5. Changes. This Agreement, including the Mandatory Documents, may be changed or terminated by the Licensor unilaterally without prior notice to the User and without payment of any compensation in connection with this.
Licensor details:
Overmobile LLC, 630055, Novosibirsk, st. Musa Jalil, building 3/1, office 507
OGRN 1115476129603, INN 5408290672
License agreement as amended on July 1, 2023