PRIVACY POLICY & EULA

 Pre-Alpha-Version Start
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PRIVACY POLICY

Version dated May 29th, 2018
Introduction
This Policy (hereinafter “the Policy”) sets the rules for processing personal data (hereinafter “the personal data”, “the data”) of users (hereinafter “the Users”, “you”) during their use of Enrage Game websites (hereinafter, accordingly, “the Websites”, “Enrage Game”) and games accessible therefrom (hereinafter jointly “the Games”, each individually – “the Game”). The Policy includes appendices and supplement constituting an integral part hereof.

The Policy constitutes an integral part of the License Agreement and the Rules of the Game (hereinafter jointly “the Agreement”).

Read this Policy carefully. If you wish to set up an Account on any of our Websites, you need to provide Enrage Game with the personal data required for Exnite to fulfil the conditions of the Agreement.

We ask you to confirm that you have acquainted yourself with the Policy, agree with it in full and have provided your informed and free consent to gathering and processing of your personal data by the means and for the purposes indicated herein. Such confirmation will be deemed accepted once you click on the relevant button, or tick the checkbox and/or provide any other obvious confirmation on the Game Website and/or interface of the Game.

If you do not agree with the terms for processing of personal data, please refuse to download, install or make any other use of the Game and the Website.

Enrage Game has the right to periodically amend and/or supplement this Policy without giving users any prior written warning. The new version of the Policy is posted Exnite.net  comes into effect 10 (ten) days later. By consenting to the Policy, you confirm your understanding of the need to acquaint yourself with the Policy in relation to amendments and/or supplements made thereto. If you continue using the Websites and/or the Games after the Policy is amended, you thereby confirm your consent to the new version.

About us
If you have any questions about processing of personal data within the scope of using the games posted on the Websites or about the Policy, you may contact Enrage Game, legal address: Fröbelring 3 07407 Rudolstadt (Germany) (hereinafter “Enrage Game”, “we”, “our” and ”us”) by email: support@exnite.net.

We respect your right to confidentiality of personal data and process such data and other information provided by you or gathered about you exclusively in accordance with the given Policy and the applicable law.

Data collection
We collect personal data about you in the following cases:

an Account is set up on the Websites and/or in the Game;
an Agreement is concluded and performed with Enrage Games to use Game and for conclusion of other associated agreements;
participation in testing of new versions and/or updates of the Websites and/or Games (if applicable);
participation in competitions and other such events conducted by us or third parties in relation to a Game;
provision of the access to the Websites and/or Games by means of data used for accessing third party resources;
submission of requests, letters or other messages to Enrage Games by you;
performance of other actions while you use the Websites and/or the Games.
The data we collect
You permit us to receive from you data of the following categories during your use of the Websites and the Games.

When your Account is set up, you permit us to receive and process Account Data:

Email address, distribution language, in-game identifier (login and password), social media identifiers.
During your use of the Websites and the Games, you permit us to receive and process the following Trace Data:

Information about use by you of the Websites and the Games, including, information about the time and method of use of the Websites and the Games, the data flow and capture of screen elements with which you interact (clicking on a button with a mouse or otherwise) during use of our Websites and the Games (the so-called “clickstream”).
Registration files (logs) and statistics on actions on our Websites and in the Games.
Technical information about devices and operating systems you use when visiting the Websites or using the Games, specifically information about means for controlling access to information media (Media Access Control, MAC), the device identifier (Unique Device Identifier, UDID), analogous device identifiers, your IP address and information about the browser used.
To obtain and process Trace Data, we use cookies stored on the user’s system. Their functions and the variants of using them are elaborated in section 8 of the Policy.

When you use the Websites and the Games, you permit us to receive and process Data about information materials:

Information you publish on any Game forums.
Information transmitted using the Game Chat function of the Game.
Information you provide to us when applying for information of interest to you, or for technical support, or as part of confirmation of the right to use the Games, including your financial information.
Information that does not identify you, apart from Account Data that you provide when participating in competitions, lotteries, tournaments, other marketing campaigns and surveys.
The user may refuse to receive notifications and other messages of an advertising nature by contacting Enrage Games as specified in the Policy “About Us” section or by other means indicated in the received messages.

When the Websites and/or the Games are used by means of authorisation via social media, the user confirms that they have read and agreed that Enrage Games collecting and processing the data of the user’s social media account, including: name, photography or other image used as an avatar, user social media identifier, email address, the language used, as well as other information, in the manner set forth in the Policy. In addition, in the given case, the user gives their consent and expresses their understanding that the user’s account data may be accessible to other users of the Websites and the Games.

If the user uses a social media application connected with the Game, by the fact of doing so, the users gives their consent and expresses their understanding that the information about the user, including their name, surname, nickname, data about their character in the Games, game achievements and games statistics might be accessible to users of the social media used.

Grounds for processing personal data
We process personal data on the following grounds:

processing of personal data is necessary for achieving the purposes envisaged by the applicable legislation;
processing of personal data is necessary for performing an agreement to which the personal data subject is the party, including performance of the Agreement;
processing of personal data is necessary for exercising the rights and legitimate interests of Enrage Games;
processing of personal data is performed with the consent of the personal data subject to such processing of their personal data.
Purposes of processing personal data
The purpose of collecting personal data about you is performance by Enrage Games Limited of the following actions:

perform agreements to which the user is the party in connection with using the Websites and/or the Games;
provide users with the possibility of using the Websites and materials available thereon, including the Games;
grant to you the right to use the Games and perform the terms of the Agreement;
correct identified errors, make modifications and improvements to the Websites and/or the Games;
ensure the functioning and security of the Websites and the Games;
provide the required technical support;
provide for interaction with users, including for answering any questions from users about using the Websites and/or the Games and/or providing technical support for the Websites and/or the Games;
send notifications and other messages concerning the Websites and/or the Games, including notifications about events connected therewith, their updates, events, campaigns and other marketing materials, to users who have agreed to receive them;
analyze user’s behavior, effectiveness of use of the Websites and/or the Games;
identify, investigate and prevent unlawful actions or actions in breach of the Agreement, as well as in cases of violation of rights to intellectual property of Enrage Games, its affiliates, right holders of the Games and other users.
We have the right to use your email address to provide you with information about our Games, as well as other information similar to that requested from us by you, unless you refuse to receive the given information. We may create a “personal user profile”, linking the Account Data to the given trace in order to improve or modify the quality of the Websites and the principles behind our work, as well as for our own advertising purposes: for advertising and market research. You have the right to deny use of your email address for the given purposes. You may do this both when setting up your Account and at any future time by following the instructions for refusing mail-outs at the end of the emails received from us.

Information we do not collect Enrage Games does not collect or process information about the racial or ethnic affiliation of users, their political views, religious or philosophical convictions, state of health of personal life.

We do not request or collect copies of identity documents or identification numbers and you undertake not to provide us with such data and not to post them on the Websites.

Cookies
The Websites use cookies and similar technology for collecting trace data for identifying users. The given technologies help us ensure problem-free and uninterrupted access to the Websites and use of the Game.

A cookie is a small file consisting of letters and figures that the website stores on your computer or device when you visit the website. You have the right to deny use of cookies. You are considered to have consented to use of cookies if, at the relevant time when you visit the website, their acceptance is permitted by your browser settings/configuration. If you refuse us to use the cookies, we store only one constant standard cookies that informs us you opt out of use of any other cookies. To obtain additional information about cookies, we recommend visiting the following site: www.allaboutcookies.org.

Several categories of cookies used on the Websites are described below. The description of them will help you understand whether you want to exchange data with our Websites and other online services, as well as the means by which the given exchange takes place.

Essential cookies

Cookies of this category are required so you can use the different sections of the Websites and certain functions. Without essential cookies, you will be unable to use the online services provided on the Websites. Consequently, if you refuse use of the given category of cookies, you will not be able to use the different sections of the Websites or certain functions. Moreover, the encryption language of the Websites uses session cookies.

Technical cookies

Our technical cookies store anonymous information about you use the Websites and their functions. For instance, our technical cookies gather information about the Website pages you visit most often, viewed advertisements and announcements with which you work on the Websites or other websites on which we post advertisements, as well as information about error messages you receive.

Analytical cookies

The Google Analytics service may be used on our Websites. This is an analytical Internet service provided by Google, Inc. (hereinafter “Google”) that uses cookies consisting of text files placed on your computer that help us analyze trends in how users use the Websites. Information about use of the Websites by you (including your IP address) stored in the cookies is transferred to and stored by Google on servers in the USA and, by accepting the given Policy, you agree to such storage. To switch on the concealed IP address function, Google cuts off/anonymizes the last octet of the IP address for countries of the European Union and other parties to the Agreement on creating the European Economic Zone. Only in exceptional cases do we send full IP addresses that are subsequently stored on Google servers in the USA. On our behalf, Google uses the information received for assessing the nature of our use of the Websites, draws up reports for us about user actions on websites and renders other services connected with analysis of actions on sites and use of the Internet. Google does not link your IP address to any other data stored in Google. In addition, you may prevent collection and use of data by Google (cookies and IP addresses) by downloading and installing a browser add-on from the page: https://tools.google.com/dlpage/gaoptout/.

The Websites may use other analogous analytical cookies, including from the Yandex.Metrica service. Such cookies are used to obtain information about use of the Websites by users. The information is collected anonymously and is used to compile reports about the number of visitors to the Websites, their location and the pages they visit.

Functional cookies

Functional cookies are used for remembering your preferences (such as your preferred language, country or other online settings) and collect anonymous information.

Targeting or advertising cookies

External advertisers, advertising networks, providers of data exchange system, analytical marketing system and other services may store on your device independent target advertising cookies. Independent target advertising cookies gather information about the pages you visit on various websites and online services in order to show you relevant advertising announcements on websites and online services of third parties. Advertising networks may transfer such information to advertisers via their networks. The information obtained using such independent advertising cookies does not contain data allowing individual identification but is used for identifying users on various websites. We may use advertising services of third parties. You may opt out of their services by following the instructions and/or links to the companies’ relevant websites or contact us directly.

If you wish to prohibit third parties and us from using cookies, you may change your browser settings and disable cookies. Since different browsers use different functions for opting out of cookie use, go into your browser’s “Help” menu to obtain additional information. Please note that, if you opt out of us using cookies, this might affect how certain functions of the websites and the Games work.

How personal data is used Enrage Games may process user data by the following methods: collection, recording, arrangement, accumulation, updating, amendments, transmission, depersonalization, pseudonymization, deletion and destruction of data.Enrage Games may also copy user data and use user data combined with other data Enrage Games collects in accordance with this Policy for ensuring the functioning and development of the Websites and the Games and administering them.

The user gives their consent to transfer of data to affiliates and partners of Enrage Games, including the right holders of the Games, for the purposes envisaged hereby, including, when necessary, for continuous use by users of the Websites and/or the Games. Such affiliates and partners process the data on the conditions of this Policy and in accordance with the applicable legislation.

We store user data for as long as we have legal grounds for processing personal data. Once an Account is deleted or the Agreement otherwise cancelled, we have the right to store your data for two months, unless we have other legal grounds for storing the data.

For the purpose of data storage, the users gives their consent to Enrage Games being entitled to pseudonymize user data by the means envisaged by the applicable legislation.

The user has the right to request information from Enrage Games about processing of the data they have provided.

The user confirms their understanding of and consent to the fact that deletion of the data provided thereby from the Enrage Games systems is impossible if there are valid agreements between Enrage Games and you to use the Games or other agreements. The user has the right to request deletion of their data when agreements for use of the Games and/or other agreements are concluded. Deletion of data may result in the termination of the Agreement, as a result user may lose the right to use the Games.

Transfer of your information to other persons
We do not transfer your data to other persons other than in the following cases:

we are required to transfer the information by the applicable legislation, requirements of state or right-protection agencies, for the purposes of preventing crime;
it is necessary for observance of the Forum Rules, the Agreement or the rules of any Game, ensuring the security of our users and third parties, protection of our rights and property, well as the rights and property of other users and third parties or we have reasonable grounds to believe that disclosure of the information is required by law;
it is necessary for granting you the rights to use the Games, access to any functional you request from us, and you agree that we may transfer your data and information about you between our companies and/or third parties that render us services, including arrangements for the payment of the license fee.
You agree that, in the given cases, your data and information about you may be subject to cross-border transfer.

We have the right to transfer anonymous information (that is, information that does not identify you either directly or indirectly) and generalized information (that is, information about user groups and categories, including game statistics and actions that do not identify the individual and may not be used to identify the user) to our advertising partners.

We also have the right to permit our advertisers to collect anonymous and general information and they may subsequently transfer such information to us. Our advertisers may collect information using technological trace (such as cookies and web beacons). These technologies allow our advertisers to develop and publish target advertisements, including on third party websites, and to provide you with advertisements of goods and services that might interest you. The advertisers may also use this information for controlling, improving and adjusting the effectiveness of their own work.

Children
We acknowledge that we bear special obligations to protect children’s data. We will not deliberately collect or process children’s data without the parents’ knowledge.

In the context of this Policy, the term “children” means individual under the age of 18 (eighteen) years.

Security
We take all possible preventive measures to preclude loss, unlawful use, amendment or deletion of your data. Our staff, contractors and authorized persons may gain access to the data received from you but their use is restricted to the range of duties performed by them in connection with enabling you to use the Websites and the Games. Our staff, contractors and authorized persons granted access to your data and information about you are obliged to ensure their confidentiality. They are also prohibited from using them for any purposes other than those listed above or in connection with processing of your enquiries.

We take the necessary technical, administrative and physical security means to protect your data.

Third-party websites
The Websites and the Games may contain links to other websites, games and services provided by third parties, including retailers. Your consent to the conditions of this Policy applying only to your data and information about you received by use within the scope of your use of the Websites and the Games, and we do not bear liability for any data third parties might collect, store and use through their own websites or within the scope of the services rendered by them. You need to read carefully the confidentiality policy of each website you visit.

Your rights
You may update, correct or delete your own personal information in the settings section of your Account on the Websites.

You have the right, at any time, to exercise the following rights in relation to your data that may be recognized as personal data under the applicable law, in particular:

You have the right to ask us to provide you with copies of your personal data in our possession and/or information about how they are processed.
You have the right to ask us about updating and correction of any outdated or incorrect information about you that we store.
You may request that any information received by us from third-party resources to be deleted.
If you decide to opt out from receiving advertisements from us by email, you may do so as described above. You may also refuse any advertisements from us by following the instructions in the letter.
If you wish to exercise one of the above rights, please contact us at support@exnite.net. Please note that, even if you send us a request to delete personal data about you from our information systems, we may retain all the information required for us to prevent fraud and abuse, perform analysis or fulfil legal obligations, or if we have grounds to believe there is a lawful reason to do so.

Please also note that, if you opt out or restrict the number of advertisements received from us, we will need up to 10 (ten) working days to process your request and update our mail-out settings. In addition, even after you opt out from receiving commercial message, you will continue to receive administrative announcements relating to the Websites and the Games from us until the Agreement is terminated.

If you suspect that we are processing your data other than in compliance with the Policy, you may contact a competent personal data protection agency. More information about the possibility of contacting a personal data protection agency is available here: https://ico.org.uk/for-the-public/raising-concerns/.

Security settings
Apart from the security measures we take to protect your data, you agree to assume the obligations to ensure confidentiality of your Account and related information about you, including restriction of access to the information.

We bear no liability for and do not exercise control over data you disclose to other users, as well as third parties. You agree to select which information you will exchange, on what terms and with which recipients. If you post any personal information about yourself on the Websites and/or in the Games, until it is deleted or archived, it can be copied by other users and/or third parties. Nor do we guarantee that such information will be inaccessible to unauthorized persons on the Websites/in the Games.

Eula

Exnite Pre-Alpha-Version
Copyright (c) 2017-2030 Enrage Games by Kenny Marquardt

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using Exnite Pre-Alpha-Version(“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Enrage Games by Kenny Marquardt your use of Exnite Pre-Alpha-Version indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Enrage Games by Kenny Marquardt grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Exnite Pre-Alpha-Version in accordance with this Agreement and any other written agreement with Enrage Games by Kenny Marquardt. Enrage Games by Kenny Marquardt does not transfer the title of Exnite Pre-Alpha-Version to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Enrage Games by Kenny Marquardt and the purchasers or users of Exnite Pre-Alpha-Version.

If you do not agree to be bound by this agreement, remove Exnite Pre-Alpha-Version from your computer now and, if applicable, promptly return to Enrage Games by Kenny Marquardt by mail any copies of Exnite Pre-Alpha-Version and related documentation and packaging in your possession.

2. DISTRIBUTION

Exnite Pre-Alpha-Version and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Exnite Pre-Alpha-Version contact Enrage Games by Kenny Marquardt.

3. USER AGREEMENT

3.1 Use

Your license to use Exnite Pre-Alpha-Version is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Exnite Pre-Alpha-Version.

3.2 Use Restrictions

You shall use Exnite Pre-Alpha-Version in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Exnite Pre-Alpha-Version together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Exnite Pre-Alpha-Version may be used on one single computer location by one user. Use of Exnite Pre-Alpha-Version means that you have loaded, installed, or run Exnite Pre-Alpha-Version on a computer or similar device. If you install Exnite Pre-Alpha-Version onto a multi-user platform, server or network, each and every individual user of Exnite Pre-Alpha-Version must be licensed separately.

You may make one copy of Exnite Pre-Alpha-Version for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Exnite Pre-Alpha-Version . The assignment, sublicense, networking, sale, or distribution of copies of Exnite Pre-Alpha-Version are strictly forbidden without the prior written consent of Enrage Games by Kenny Marquardt. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Exnite Pre-Alpha-Version. If any person other than yourself uses Exnite Pre-Alpha-Version registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Exnite Pre-Alpha-Version. Nor can you create any derivative works or other works that are based upon or derived from Exnite Pre-Alpha-Version in whole or in part.

Enrage Games by Kenny Marquardt’s name, logo and graphics file that represents Exnite Pre-Alpha-Version shall not be used in any way to promote products developed with Exnite Pre-Alpha-Version . Enrage Games by Kenny Marquardt retains sole and exclusive ownership of all right, title and interest in and to Exnite Pre-Alpha-Version and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Exnite Pre-Alpha-Version, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Enrage Games by Kenny Marquardt.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Enrage Games by Kenny Marquardt , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Enrage Games by Kenny Marquardt’s Software.

In no event (including, without limitation, in the event of negligence) will Enrage Games by Kenny Marquardt , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Exnite Pre-Alpha-Version or the use or inability to use Exnite Pre-Alpha-Version or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Enrage Games by Kenny Marquardt’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Enrage Games by Kenny Marquardt ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Enrage Games by Kenny Marquardt.

3.5 Warranties

Except as expressly stated in writing, Enrage Games by Kenny Marquardt makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Exnite Pre-Alpha-Version and destroy all copies of Exnite Pre-Alpha-Version supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Exnite Pre-Alpha-Version AS WELL.

5. CONSENT OF USE OF DATA

You agree that Enrage Games by Kenny Marquardt may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Exnite Pre-Alpha-Version.Enrage Games by Kenny Marquardt may also use this information to provide notices to you which may be of use or interest to you.

Terms of service

Version dated May 29th, 2018

These Rules of the Game regulate the relations between Enrage GAMES , legal address Fröbelring 3, Rudolstadt, Germany, and/or another person that, with the consent of Enrage Games , grants you the right to use the Game (hereinafter “Enrage Games ” and/or “the Licensor”), and you, the end user of the computer game Exnite (hereinafter “the User”), hereinafter separately referred to as “the Party” and jointly as “the Parties”.

The Rules of the Game constitute a Key Document in accordance with the Licence Agreement between the Licensor and you and regulate the rules for using the Game, as well as the User’s liability for breaching the Rules of the Game.

TERMS USED IN THE RULES OF THE GAME
1.1. Account – the User profile created by the User and belonging to Enrage Games consisting in the aggregate of User data stored on the Game resources for identification (authentication) of the User thereon and provision of access to the User’s personal data, settings and statistics in the Game, as well as to any similar information and functional of the Game.

1.2. Website – the website at https://exnite.net or other websites of Enrage Games relating to the Game (including all subdomains).

1.3. Game client – the part of the Game to be installed on the User’s PC.

1.4. Game – multi-player computer game Exnite, being a software consisting of a set of data and commands, as well as audio-visual images produced thereby (hereinafter “the data and commands”), activated consecutively to obtain a result corresponding to the game scenario. The software also includes Game resources, supplementary and update elements to the Game (patches), as well as databases. Elements of the Game include but are not limited to the following: object code, individual software, instructions; any names, including names of places, Game points and the like; Game scenarios and individual parts thereof; character texts, fonts, audio sequence, visual sequence, interfaces, characters, their appearance and accessories and the like.

1.5. Game resources – all servers, software, portals, websites and databases relating to the Game and located, among other things, on the websites https://www.exnite.net or other websites of Enrage Games and/or the Licensor relating to the Game (including all subdomains).

1.6. Content – the details, including but not limited to software, technologies, text materials, publications on forums, publications in chatrooms, mini-applications, messages, references, emails, music, audio-materials, graphic materials, photographs and video-materials, as well as layout and external attributed of the Website and of the Game.

1.7. User materials – information materials created or uploaded by the User, including but not limited to account characters, publications on forums, publications in chatrooms, voice chat, functions for exchange of messages, information about the user, audio-visual materials, amateur literary works (including ones created by Users on the subjects of the Game), illustrative materials (including ones created by Users on the subjects of the Game), musical materials and any other information materials provided by users during gameplay.

1.8. Platform – the Game operator, namely: Enrage Games or other platforms, web-applications and social networks that are Game operators with the consent of Enrage Games.

RULES FOR USING THE GAME
2.1. GAME USERS

2.1.1. If you are under 18 years of age (unless the legislation of the country in which you live provides for other age restrictions), ask one of your parents or your legal guardian to read and accept these Rules of the Game on your behalf before you start using the Game. If you (or, in relevant cases, one of your parents or your legal guardian) do not agree to these Rules of the Game, you are prohibited from using or accessing the Game or any part thereof. By registering an Account or using the Game, you represent and warrant that you are an individual over the age of 18 (eighteen) years (unless the legislation of the country in which you live provides for other age restrictions) or an individual whose legal guardian has accepted and agreed to these Rules of the Game.

2.1.2. You agree that you will not consciously permit use of or provision of access tothe Game by persons under 18 (eighteen) years of age (unless the legislation of the country in which you live provides for other age restrictions) unsupervised by one of the parents or the legal guardian.

2.1.3. The User agrees that the Game might include sound and (or) video-effects that, under certain circumstances, might cause epileptic or other disorders of a neurological nature in persons inclined thereto and confirms that they do not suffer from the given disorders and will not use the Game in that case.

2.1.4. If anyone in your family has previously demonstrated symptoms of epilepsy (fits or loss of consciousness) under the impact of flashing lights, see a physician before beginning to use the Game. If, during the Game, you or your child develops the following symptoms: dizziness, blurred vision, twitching of the eyes or muscles, loss of consciousness, disorientation, any involuntary movement or convulsions, stop using the Game and see a physician IMMEDIATELY.

2.1.5. The User understands, accepts and agrees that regular long-term (continuous) use of a personal computer or other technical device might cause various physical disorders, including eyesight deterioration, scoliosis, various neuroses and other adverse effects on the body. The User guarantees that they will use the Game exclusively for a reasonable period of time, with breaks for rest and other steps to prevent any physical disruption.

2.2. TECHNICAL CONDITIONS FOR USING THE GAME

2.2.1. To use the Game, you need to create an Account.

2.2.2. To create an Account, an email address is needed; you will also be required to provide certain information. Detailed description of the information that you will need to provide, see the Confidentiality Policy, which is a Key Document. The User shall provide reliable and precise information when setting up an Account.

2.2.3. In the process of setting up the Account, you will need to give a user name and/or person for use in the Game and on the Website. User names and persons are linked to your Account.

2.2.4. The User has the right to use the Game using the Account they set up previously according to the rules and principles established in this document and/or on the Website.

2.2.5. If you download and use the Game with the help of your Account created by the Platform, the Licensor automatically sets up an Account for you inthe Game on the basis of the data transmitted by the Platform. All the rules andinstructions contained in this document also apply to an Account set up in this way. The Licensor is not liable for any problems connected with your Account on the Platform, including ones with using your Account on the Platform, and does not consider any claims in relation to the Account on the Platform.

2.2.6. Should questions arise concerning setting up an Account, please contact the Licensor by email at: support@exnite.net .

2.2.7. In addition, in order to use the Game, the User needs, depending on the technical specifics of the Game, to install independently the Game Client on the PC or other device with the necessary technical characteristics or log in to the Game online or perform other required actions. The Game Client may be distributed by Enrage Games and (or) persons authorised thereby via the Internet.

2.2.8. The Game may be used exclusively in interactive (online) mode, so the User needs to ensure Internet connection.

2.2.9. The Game is used via outside platforms with which the Licensor and/or Enrage Games collaborates on a partnership basis from the relevant websites, using corresponding registration data.

2.3. OTHER CONDITIONS FOR USING THE GAME

2.3.1. In order to use the Game, inaddition to accepting these Rules of the Game, the User must accept the terms of the Licence Agreement, the Confidentiality Policy and the Forum Rules.

2.3.2. If you do not accept these Rules of the Game or the terms of the Licence Agreement, the Confidentiality Policy and the Forum Rules, you do not have the right to use the Game.

2.4. ACCOUNT CONFIDENTIALITY

2.4.1. The User does not have the right to provide any other persons with their user name and/or character’s name. It is prohibited to use a user or character’s name that is used by another person, is obscene, derogatory or otherwise breaks these Rules of the Game.

2.4.2. You are required to ensure confidentiality of all information connected with your Account. You must not disclose to anyone the registration date or your Account or password, secret question or the answer to it. This applies equally to your friends, children, spouse, colleagues, members and any other persons.

2.4.3. You are liable for any deeds and actions performed using your Account and for all violations of these Rules of the Game committed using your Account as a result of deliberate omission or action in relation to the information on your Account. We bear no liability toward you for any losses or harm incurred as a result of unsanctioned use of your Account, or unsanctioned access, use, amendment, adjustment and/or disclosure of your personal information as a consequence of actions or omissions in relation to information on your Account.

2.4.4. You are required to ensure protection of your Account and hardware against access by third parties. The User shall promptly notify Enrage Games and/or the Licensor by email to: support@exnite.net, if they become aware of:

unsanctioned use of their Account or other security breaches;
any actual or potential use in relation to the Game of tools for gaining unlawful access to the information resources.
2.4.5. Enrage Games uses electronic and administrative methods for security purposes and to preclude unsanctioned access, use, amendments, adjustment and/or disclosure of your personal information. Even though Enrage Games applies all the requisite measures to protect your personal information, data uploaded on to the Internet and transmitted via the Internet, as well as personal information stored on the servers of Enrage Games, the Platform and/ or the Licensor, as well as other servers of third parties and used for operating and servicing the Game, might be subject to attack and Enrage Games does not guarantee their safety.

2.5. GAME USER’S OBLIGATIONS WHEN USING THE GAME

2.5.1. NOT to use the contact information of other Game users for distributing undesirable information (Spam) or post Intellectual products in the Game without the consent of their right holders.

2.5.2. Not to post within the Game personal information about third parties without their consent, including home address, telephone number, passport details.

2.5.3. Not to post within the Game any advertisement, commercial offers, campaigning or any other information, unless agreed with Enrage Games.

2.5.4. Not to post within the Game any materials denigrating, humiliating or dishonouring other users or third parties or links to such materials.

2.5.5. Not to post or otherwise use within in the Game any obscene or indecent words or expressions, including using them as a user name.

2.5.6. Not to post within the Game any malware or links that might contain or do contain malware.

2.5.7. Not to post within the Game any materials of a pornographic nature or links thereto.

2.5.8. Not to post within the Game any threats, exhortations to violence or performance of illegal acts.

2.5.9. Not to post within the Game any materials with elements of violence, cruelty, racial, ethnic or religious discord or links to such materials.

2.5.10. Not to advocate or demonstrate within the Game any Nazi, extremist or other equivalent attributes or symbols or to perform any actions designed to rehabilitate Nazism.

2.5.11. Not to advocate within the Game any criminal or other unlawful activities or post instructions for performing unlawful actions.

2.5.12. Not to post within the Game any other information that, in the opinion of Enrage Games, is undesirable or violates the rules of morality and ethics and (or) the effective legislation.

2.6. USE BY THE PARTIES OF THE CONTENT, USER MATERIALS, WEBSITES OF THIRD PARTIES DURING USE OF THE GAME

2.6.1. The Game contains a large scope of Content. The User accesses individual Content only online and such access depends on the scope of the rights to use the Game granted to the User by the Licence Agreement.

2.6.2. The Content and all intellectual property rights thereto belong to Enrage Games and/or the Licensor.

2.6.3. Rights to use the Content are granted to the User in connection with provision thereto of the rights to use the Game within the scope set by the Licence Agreement and these Rules of the Game. The User does not have the right (without the Licensor’s written permission):

2.6.3.1. to copy or download Content from the Game or part thereof (other than within the scope of the right to use the Game envisaged by the Licence Agreement).

2.6.3.2. to distribute, publicly reproduce or demonstrate, lease out, sell, transfer, publish, copy, create derivatives, lease, sublicense, disseminate, decompile, disassemble, reverse engineer or otherwise use the Content by any unsanctioned method.

2.6.3.3. to use the Content for commercial purposes (i.e., to gain a profit).

2.6.3.4. to delete, conceal or amend notices of copyright, patents, trademarks and other ownership rights posted in the Content.

2.6.4. Enrage Games provides the User with the Content in the process of use by the User of the Game in observance of the following conditions and specifics:

2.6.4.1. User has an access to the content within the region of purchase.

2.6.4.2. The User receives the Content only from Enrage Games and/or persons authorised thereby; it is prohibited to receive or try to obtain the Content from third parties.

2.6.4.3. Enrage Games reserves the right to refuse to satisfy a request (requests) from the User to acquire Content and the right to restrict or block requests to acquire or receive Content at its own discretion, given relevant grounds, in particular technical problems and/or legal restrictions, such as under the legislation on protection of copyright, the criminal legislation, the legislation on protection of the rights of minors, etc.

2.6.4.4. Enrage Games does not guarantee constant access to any Content in all countries and/or geographical regions or any relevant time; nor does Enrage Games guarantee that it will continue to offer specific Content for a determined time (unless otherwise stated during use of the Game).

2.6.4.5. The Content to which the User gains access is not subject to return or exchange for other Content or cash, goods and services, unless otherwise envisaged by the Rules of the Game or of the Game.

2.6.4.6. Enrage Games has the right to make periodical amendments or updates to the Content, whereupon Enrage Games published a detailed description of all the changes in the “News” section of the relevant Website.

2.6.5. The User has the right to create user websites in relation to any of the Games of Enrage Games in observance of the conditions set forth in these Rules of the Game.

2.6.6. On some Websites, Enrage Games specially indicates separate Content (such as images, graphic images and illustrative materials and trademarks belonging to Enrage Games as intended “for use on user websites”. In these Rules of the Game, specially indicated Content is called “Content for user websites”.

2.6.7. Rights to use the Content are granted to the User for reproduction and subsequent distribution of the Content on user websites in observance of the following conditions:

2.6.7.1. you confirm and agree that Enrage Games retains ownership rights to the Content for user websites and is entitled to make changes, delete, supplement or otherwise modify it at any time.

2.6.7.2. you agree to include notices of trade marks, copyrights and other ownership rights of Enrage Games and/or its authorised persons if Content for user websites is shown, if Enrage Games so demands, and by the means selected by Enrage Games for this purpose.

2.6.7.3. you agree to observe the instructions for using the Content and/or the Game furnished from time to time by Enrage Games.

2.6.7.4. you do not have the right to delete or change any identifying information or information about management of copy rights provided together with copies of the Content for user websites, including in digital format, or to challenge the ownership rights of Enrage Games (or those of third parties) to the Content for user websites.

2.6.7.5. you do not have the right to use or utilise trade marks that are confusingly similar to the Content for user websites.

2.6.7.6. it is prohibited to publish on user website any denigrating or illegal materials or materials that violate the right of third parties or cause (or might cause) harm to the reputation of Enrage Games or of the Game.

2.6.7.7. unless expressly permitted in these Rules of the Game, you are prohibited from leasing, leasing out, reproducing, amending or translating the Content for user websites into other languages, adapting (including, among other things, literary texts or images) or otherwise using the Content without the direct written permission of Enrage Games.
2.6.7.8. you do not have the right to use or attempt to use the Content for user websites or commercial purposes or to gain a profit (such as by selling subscriptions to your user website) without the direct written permission of Enrage Games.

2.6.8. If the User fails to observe the conditions of these Rules of the Game regarding the procedure for using the Content, Enrage Games reserves the right to close the User’s Account or terminate use of the Game by the User.

2.6.9. User create, download and use User materials at their own risk. If you download or provide other users with your User materials by means of use of the Game, Enrage Games does not control, monitor, approve or possess your User materials and you authorised Enrage Games to store and provide such user materials within the scope gameplay.

2.6.10. In relation to User materials created by your or User materials you wish to provide to other users, you agree and undertake to observe the following conditions:

2.6.10.1. any part of the User materials that includes intellectual property of Enrage Games belongs to Enrage Games;

2.6.10.2. you are prohibited from downloading User materials belonging to other persons without relevant permission from the right holder;

2.6.10.3. you are prohibited from downloading User materials violating the intellectual property rights or Confidentiality Policy or other rights of third parties, as well as ones that are illegal or break these Rules of the Game;

2.6.10.4. you waive the right to lodge claims against us in relation to your personal non-property or analogous rights to the User materials;

2.6.10.5. you bear personal liability for your User materials; Enrage Games does not make any preliminary check on all the User materials and does not approve, confirm or conduct a preliminary checks on the User materials you or other users might provide during gameplay;

2.6.10.6. you are prohibited from announcing or assuming in any way that the User materials have been approved, are support by or connected with Enrage Games;

2.6.10.7. The User materials must comply with the applicable legislation and must not contain materials considered to be insulting, denigrating or illegal or that might damage the reputation or image of Enrage Games;

2.6.10.8. you bear full liability for all the User materials you create; in certain circumstances, Enrage Games has the right to assume obligations and liability in relation to User materials; Enrage Games does not provide any support in connection with the User materials;

2.6.10.9. if, in the opinion of Enrage Games, User materials used or downloaded by you violate any of the given conditions, Enrage Games has the right to delete, block, edit, move or switch off such User materials;

2.6.10.10. if you violate any of the given conditions, Enrage Games reserves the right to suspend or close access to your User materials and to take any other measures it deems advisable.

2.6.11. The Game may include hyperlinks to websites administered by third parties, including advertisers and other providers of information materials. Such sites might collect data or request person information from you. Enrage Games does not control such websites and is not liable for their information materials, Confidentiality policy or procedure for gathering, using and disclosing any information received thereby.

LIABILITY OF THE USER FOR BREAKING THE RULES OF THE GAME
3.1. If you break these Rules of the Game, Enrage Games and/or the Licensor has the right, at is justified discretion and depending on how serious the breach is, to adopt certain or all of the below measures:

3.1.1. to suspend your Account for a short time determined at the discretion of Enrage Games and/or of the Licensor;

3.1.2. to suspend your Account for a longer period determined at the discretion of Enrage Games and/or of the Licensor;

3.1.3. to terminate your Account and cancel the Licence Agreement.

3.2. In the event of a first, not gross and repairable violation, if permitted by the circumstances, Enrage Games and/or the Licensor will grant you 14 (fourteen) calendar days to eliminate it, otherwise Enrage Games and/or the Licensor will send you a notice of impending closure of the Account.

3.3. If Enrage Games and/or the Licensor suspends access to your Account, you will be unable to log in to your Account or to use the Game for the relevant period. If Enrage Games and/or the Licensor closes your Account and cancels the Licence Agreement, you will no longer be able to log in to your Account; Enrage Games and/or the Licensor also has the right to prohibit for you access or use of the Game in the future.

3.4. Enrage Games and/or the Licensor may also suspend your access to the functions of the Game Chat, in which case, for the relevant period, you be able to play the Game and read the Game Chat of other players, but not participate in the Game Chat yourself.

3.5. Enrage Games and/or the Licensor closes your Account and cancels the Licence Agreement only for weighty reasons, when Enrage Games and/or the Licensor considers temporary measures to be inadequate. Such reasons might include, for instance, gross violation of these Rules of the Game, the Forum Rules or the Confidentiality Policy, as well as multiple violation of these Rules of the Game, the Forum Rules, the Confidentiality Policy or any of these documents. Analogous terms might be applied in the event of a gross violation or multiple violation of (i) the Licence Agreement or (ii) individual Rules of Game.

3.6. If, in your opinion, Enrage Games and/or the Licensor has suspend or closed your Account in error, please email: support@exnite.net.

AMENDMENTS AND ADDENDA TO THE RULES OF THE GAME
4.1. Periodically, Enrage Games has the right to amend and supplement these Rules of the Game for the purpose, for example, of including information about new products or services, increasing our users’ security or in connection with amendments to the legislation. Enrage Games notifies Users of introduction of such changes into these Rules of the Game to the email address specified by the User when registering the Account; you accept such changes unless you notify Enrage Games that you disagree with them within 10 (ten) calendar days of receiving the email notice from Enrage Games. In the email notice, Enrage Games advises you of your right not to agree the amendments, of the applied deadline for sending notifications and the legal consequences if you fail to declare your disagreement.

4.2. If you disagree with any amendments of which you have been notified, the previous version of the relevant Rules of the Game remains in effect. In this case, however, Enrage Games has the right to close your Account / terminate your use of the Game and the Licence Agreement by serving 14 (fourteen) calendar days’ notice on you to this effect.

CONTACT DETAILS
In the event of any questions, claims or comments arising in relation to these Rules of the Game, please contact Enrage Games by email at: support@exnite.net.