4. LIABILITY FOR VIOLATION OF THESE TERMS OF SERVICENASHI IGRY shall have the right to apply to you, in case of violation of these Terms of Service, the following types of sanction depending on the extent of the violation committed by you on the game process and other users:
- issuance of a warning in any form, including via e-mail;
- suspension of access to the Service for a definite or indefinite term;
- restriction of use of the game chats and forums for a definite or indefinite term;
- restriction of a part of the game functionality or possibilities of the game character for a definite or indefinite term;
- forced renaming of the game character, community of users or the game object;
- withdrawal of the in-game currency and/or the in-game valuables;
- restriction, suspension or termination of access to your game character or to the Account;
- a change in the values of achievements and parameters of development of your game character;
- removal of the game character or of the Account without possibility of restoration.
You are not allowed to register any new Account in case of violation of these Terms of Services by you. In this case, NASHI IGRY reserves the right to apply any of the foregoing sanctions to any or all your Accounts.
5. PURCHASE TERMSYou acknowledge that you may access and/or download some Services for free, and while there may be additional content or services available for purchase within some Services (in-app purchases).
You may purchase in the Service, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, available in the Service; (b) “virtual in-game items” (together with “virtual currency”, “In-Service Content”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase In-Service Content from us or our authorized partners through the Service, and not in any other way. All fees payable for In-Service Content are non-refundable. All in-game sales are final. The In-Service Content is not subject to return or exchange unless it is otherwise provided herein. By purchasing the In-Service Content, as well as exchanging the virtual currency for the virtual in-game items, you understand and agree that (i) your access to the Service may be terminated according to these Terms of Service, and/or (ii) NASHI IGRY may manage, regulate, control, modify or eliminate In-Service Content and/or Merchandise at any time, with or without notice, as well as the Service may be discontinued at any time for any reason, and that such events do not give rise to your right to receive a refund of any sums paid for any used or unused Service, virtual currency, other In-Service Content and/or Merchandise.
NASHI IGRY shall have no liability to you or any third party in the event that NASHI IGRY exercises any such rights.
IN ADDITION, THE CHARGES AND PURCHASES ARE NOT REFUNDABLE IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SERVICE.
The transfer of In-Service Content and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer In-Service Content or Merchandise to any person or entity. Any such transfer or attempted transfer is prohibited and void, and may result in termination of your right to access to the Services.
The provision of In-Service Content for use in the Service is a service provided by NASHI IGRY that commences immediately upon acceptance by NASHI IGRY of your purchase.
In the event that you receive paid In-Service Content without payment and / or incomplete payment, and / or virtual currency is not debited from your Account to pay for such paid In-Service Content as a result of a technical error or a Service failure or a conscious user action, you are obliged to inform NASHI IGRY of this fact.
If the you are a child under the applicable laws, you may acquire paid In-Service Content only with the parental consent. NASHI IGRY may from time to time request the parental consent confirmation.
If NASHI IGRY reveals that either parental consent was not given by your parent/legal guardian, or in case of your failure to provide the parental consent confirmation, NASHI IGRY may withdraw In-Service Content already displayed in your Account, as well as to apply other sanctions provided in this Terms of Service.
6. USER CONTENTBy transmitting or submitting any communications, images, sounds, and all the material, data, information or any chat text through the Service or any suggestions for enhancement or feedback regarding the Service, or any feedback that NASHI IGRY receives from you within public/close tests or surveys, including those submitted through NASHI IGRY applications (“User Content”) you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by NASHI IGRY in accordance with its Privacy Policy; (e) you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Service without compensation to you by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it; this license shall be deemed granted to NASHI IGRY for the entire duration of the intellectual property rights to such User Content as soon as it is uploaded on the Service or from the moment NASHI IGRY otherwise acquires such rights, inter alia, from its affiliates; to the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
NASHI IGRY reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. NASHI IGRY assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. NASHI IGRY does not, and cannot, pre-screen or monitor all User Content.
Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time NASHI IGRY chooses, in its sole discretion, to monitor the Service, NASHI IGRY nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. NASHI IGRY has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
7. USER INTERACTIONSYou are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. NASHI IGRY reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with NASHI IGRY to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting NASHI IGRY access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8. OWNERSHIPAll rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a the Service and server software) are owned by NASHI IGRY. NASHI IGRY reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
9. UPDATES AND MODIFICATIONSIn order to improve the Service, NASHI IGRY reserves the right to introduce automatic updates and modifications into the Service (if applicable) so long as your device is connected to the Internet, without your needing to install the said updates and modifications manually. In order to ensure efficiency of the mentioned updates and modifications and to enable you to continue using the Service, you hereby express consent to the introduction of such updates and modifications. All updates constitute an integral part of the Service and the rules of these Terms of Service shall apply to such updates.
You also agree that NASHI IGRY may require you to accept and download updates for further use or access to the Service when it is necessary for proper functioning of the Service.
NASHI IGRY may modify functions and informational contents of the Service at any time at its own discretion without additional notice to you.
These Terms of Service apply to any automatic updates (additions, modifications) to the Service that are introduced by NASHI IGRY by means of the Internet and which are not accompanied by a separate license or other agreement.
10. WARRANTY DISCLAIMERIF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THEREFORE, USERS ACKNOWLEDGE THAT THE GAME MAY NOT MEET THEIR INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF THE GAME, ACCORDINGLY USERS ACKNOWLEDGE THAT THE GAME ISN’T ERROR-FREE AND MAY BE INTERRUPTED.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME.
THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR RELIABILITY OF INFORMATION, DATA OR MATERIALS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE THE GAME. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE GAME IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GAME AND USE THEREOF BY THE USER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE GAME CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE GAME. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE GAME, (C) ANY UNAUTHORISED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GAME, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GAME BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GAME. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GAME, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP FEATURED IN ANY BANNER OR OTHER ADVERTISING. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHALL USE HIS/HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. LIABILITYIF THE USER RESIDES IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
NEVERTHELESS, THE COMPANY LIABILITY MAY NOT BE ENGAGED IN THE EVENT OF DELAY OR BREACH OF ITS CONTRACTUAL OBLIGATIONS IF THE DELAY OR BREACH IS DUE TO A CAUSE BEYOND ITS CONTROL: FORTUITOUS EVENT OR CASE OF FORCE MAJEURE.
IF THE USER RESIDES OUTSIDE THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE FOLLOWING PROVISION APPLIES TO SUCH USER:
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL BEAR ANY LIABILITY TO THE USER FOR ANY DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL LOSSES, INCIDENTAL LOSSES, INDIRECT LOSSES, LOST PROFIT, OR LOST DATA, REGARDLESS OF WHETHER SUCH DAMAGE WAS PREDICTABLE OR NOT) ARISING IN CONNECTION WITH THIS EULA AND WITH THE USE OF THE GAME BY THE USER.
THE COMPANY SHALL NOT BEAR LIABILITY FOR THE IMPOSSIBILITY OF INSTALLING OR LAUNCHING THE GAME ON THE USER’S DEVICE, AS WELL AS FOR ANY POSSIBLE ERRORS AND FAILURES IN GAME OPERATION. THE USER MUST CONNECT TO THE INTERNET IN ORDER TO USE THE GAME. ALL COSTS OF THE INTERNET CONNECTION SHALL BE INCURRED BY THE USER. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED TO THE USER AS A RESULT OF CONNECTION TO THE INTERNET OR INSTALLATION OF MALICIOUS SOFTWARE ON THE USER’S DEVICE.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
12. APPLICABLE LAW, JURISDICTIONThese Terms shall be governed and construed by the law of England and Wales. All disputes arising out of or in connection with these Terms of Service shall be resolved by means of correspondence and negotiations without recourse to a court.
In the case that you and NASHI IGRY fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at the place of location of NASHI IGRY unless otherwise expressly provided by applicable law.
If you reside in France, these Terms of Use are subject to French Law, and any dispute arising from the formation, interpretation or execution of the present terms and conditions shall be subject to the exclusive jurisdiction of the French courts.
In accordance with Article 14 of Regulation 524/2013/EU, the European Commission provides consumers with an online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/.
13. DATA AND INFORMATION SECURITYPersonal data protection rules of NASHI IGRY are available on the website
https://mirdomovyat.ru/en/privacy_policy.
NASHI IGRY is very concerned about the protection of personal data. The personal data collected by NASHI IGRY in the context of the present document will be subject to automated processing in accordance with applicable law. All information collected as part of the provision of the service is recorded by NASHI IGRY, which is data controller. It is essential for the operation of the services offered by NASHI IGRY
In order to exercise one or more of your rights, you must provide proof of identity and contact the person in charge of data protection at NASHI IGRY (via Service Support at
niteam@yandex.ru or writing to Office 307, Building 22, Bogdanova Street, Penza, 440000, Russian Federation).
In the event of a complaint, it is possible to contact the authority of your country of residence. If you reside in France, you may oppose at any time any commercial canvassing correspondence and may also register on the list of opposition to telephone canvassing on www.bloctel.fr. You can also contact CNIL at www.cnil.fr.
The information submitted by you in any way is to be accurate.
Although NASHI IGRY does its very best uses reasonable efforts to ensure the confidentiality of the data information and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data protection regulation, you understand that no security measures are perfect and that they can be circumvented.
You understand and acknowledge that, even after deletion of data and the User Content provided by you, such data or User Content may remain accessible in the cache or Web archives, as well as in the search results of search engines, and may also be available to other persons if other users have copied and stored your data or User Content.
NASHI IGRY cannot control the actions of other users with whom you want to share your account data (login and password). Therefore, NASHI IGRY cannot warrant that any User Content that the User posts in the Service will not be available for viewing by unauthorised persons.
The information provided by you is used by NASHI IGRY and/or its partners/affiliates in accordance with the Privacy Policy available at
https://mirdomovyat.ru/en/privacy_policy14. YOUR HEALTHThe following precautions should be taken by you:
• Avoid playing if tired or short of sleep;
• Play at good distance from the screen;
• Play in a lit room and moderate the brightness of the screen;
• Take breaks of ten (10) to fifteen (15) minute every hour.
WARNING, SOME INDIVIDUALS ARE LIABLE TO HAVE EPILEPTIC FITS INCLUDING, IN CERTAIN CASES, LOSS OF CONSCIOUSNESS, PARTICULARLY WHEN EXPOSED TO STRONG LUMINOUS STIMULATIONS (RAPID SUCCESSION OF IMAGES OR REPETITION OF SIMPLE GEOMETRICAL FIGURES, FLASHES OR EXPOSURES). SUCH INDIVIDUALS ARE EXPOSED TO RISKS OF FITS WHEN THEY PLAY CERTAIN VIDEO GAMES CONTAINING SUCH LUMINOUS STIMULATIONS; NASHI IGRY HIGHLY RECOMMENDS YOU TO CONSULT YOUR DOCTOR BEFORE ANY USE. PARENTS MUST ALSO PAY PARTICULARLY CLOSE ATTENTION TO THEIR CHILDREN WHEN THEY PLAY VIDEO GAMES. IF THE USER PRESENTS ONE OF THE FOLLOWING SYMPTOMS: DIZZINESS, VISION PROBLEMS, CONTRACTION OF THE EYES OR MUSCLES, DISORIENTATION, INVOLUNTARY MOVEMENT OR CONVULSIONS OR MOMENTARY LOSS OF CONSCIOUSNESS, YOU MUST IMMEDIATELY STOP PLAYING AND CONSULT A DOCTOR OR USERS’ PARENTS MUST COMPEL THEIR CHILDREN TO DO SO.
15. MISCELLANEOUS(a) Term and Termination. These Terms of Service are effective from the moment when you first downloads, installs, or otherwise uses the Service. These Terms of Service remain valid until one of the Parties unilaterally repudiates fulfillment of the terms and conditions hereof. Both parties have an ordinary right to terminate these Terms of Service at any time with immediate effect. Ordinary termination does not require any reasons to be given. In particular, but not exclusively, NASHI IGRY has the right to terminate these Terms of Service with you, if you violate applicable laws and regulations or breach these Terms of Service or the particular Services rules, as well as if you do not use your Account for a period of twelve (12) or more months. You may terminate these Terms of Service at any time by deleting the Service from your device (applicable for mobile applications) or by stopping access to the certain Service.
In case of termination of these Terms of Service, Sections 6, 8, 10, 11, 12 shall remain in force.
(b) Assignment. NASHI IGRY may at its own discretion at any time assign and/or delegate its rights and obligations under these Terms of Service or any part of them to any third party without notice to you. You may not assign these Terms of Use in whole or in part to any person or entity without NASHI IGRY’S prior written consent, and any unauthorized assignment and delegation by you is void.
(c) You hereby understand, accept and agree that any Service may contain audio and / or video effects, which under certain circumstances can cause in people who are prone to epileptic or other disorders of nervous character, worsening of these conditions, and you hereby guarantee that you do not suffer such disorders, or you will not use a Service. You accept and agree that regular long-term (continuous) usage of the personal computer or device can cause various complications of physical condition, including sight easing, scoliosis, various forms of neuroses and other negative effects on the body. You hereby warrant that you will use any Service only for a reasonable time, with breaks for rest and that you will take other measures prescribed by your doctor.
(d) These Terms of Service and related documents, unless otherwise stipulated within the Terms of Service, constitute full agreement of the Parties regarding use of the Service by you and substitute any previous oral and written agreements or oral and written agreements regarding your user of the Service.
(e) If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent possible and/or amended to achieve as closely as possible the effect of the original term, and the remaining provisions of these Terms of Service will remain in full force and effect.
(f) NASHI IGRY reserves the right to revise these Terms of Service or any related documents at any time by updating on the website located at
https://mirdomovyat.ru/en/eula (“Website”) or by notifying you by e-mail or by any other means available. The revised Terms of Service or related documents come into force on the date on which they are published.
YOU ARE ADVISED TO CHECK THE WEBSITE PERIODICALLY FOR NOTICES CONCERNING SUCH REVISIONS. YOUR FAILURE TO TAKE THE ACTIONS OF FAMILIARISING YOURSELF MAY NOT BE THE GROUND FOR FAILURE TO FULFIL YOUR OBLIGATIONS AND YOUR FAILURE TO OBSERVE THE LIMITATIONS ESTABLISHED HEREBY. YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF ANY REVISED TERMS.
Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.
On all issues related to these Terms of Service, please use the e-mail address
niteam@yandex.ru.