Last Update: May 31, 2021
These terms of service (hereinafter the "Terms of Service") govern the relationship between You (as the user of certain services) (hereinafter "You" in all forms) and the company BIVAK LLC whose principal place of business is at: 1 pom. 3, apart. 18 house 20, Verhnyaya street, Moscow, Russia, 125040 (hereinafter the "Company" and/ or "we" in all forms) in relation to our products, and the community. This agreement states the rules for downloading and using our products as well as the rules for participating in their communities.
The latest versions of these Terms of Service is always available on this website, Game client, the Mobile Application. We guarantee that we will notify You about all amendments in these Terms of Service, however we strongly advise You to check for updates independently each time You use our products or the services (hereinafter collectively the "Services").
In purchasing, downloading, or using our products and Services we may provide to You, You acknowledge that You have read and accept these Terms of Service and Privacy Policy agreements in their entirety, and agree to be bound by the terms therein. If You do not agree to follow these rules, then You must not buy, download, use or play the Software (henceforth collectively known as the “Software”).
ALSO BY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE REACHED THE AGE TO ENTER INTO BINDING AGREEMENT WITH US IN THE COUNTRY IN WHICH YOU ARE LOCATED OR RESIDE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION, IF REQUIRED BY APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE LEGALLY ALLOWED TO ENTER INTO THIS AGREEMENT AND THAT YOU BY ENTERING INTO IT DOES NOT VIOLATE ANY APPLICABLE LAWS. IN ANY CASE, YOU CONFIRM THAT YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR PRODUCTS AND SERVICES.
In purchasing one of our games, You purchase a perpetual license to install and use the game and associated materials, documents, online services, forums, and other ancillaries on devices You own. BIVAK LLC retains ownership of the Software. The only permissions You have in connection with the Software are the permissions laid out in these Terms of Service.
All the content in our games is owned by BIVAK LLC. This also includes the user provided content that becomes part of games. You are not allowed to copy, transfer or distribute the games, hacked or otherwise altered versions, any of the parts or any of the paid content. This means You’re not allowed to do things like:
BIVAK LLC allows for the contents of our games to be published through video broadcasting services for any commercial or non-commercial purposes. Monetization of videos (such as tutorials, walkthroughs, reviews etc.) created containing assets from our games is legally & explicitly allowed by BIVAK LLC.
We reserve the right to revoke this permission if the video is being used in a way we see as inappropriate, and reserve the right to takedown such videos.
You’re also allowed to use things we’ve made if the law expressly allows it, such as under “fair use” or “fair dealing” doctrine – but only to the extent that the law applicable to You expressly says. For example, most “fair use” doctrines would allow You to use game screenshots in a review article.
By using any of our products or services You acknowledge that You have read and accepted our Privacy Policy.
You may not, in connection with the Software or related communities, abuse people, including but not limited to by harassing, threatening, deceiving, pirating intellectual property, or spreading illegal material.
If You participate in an official BIVAK LLC community, or one controlled by BIVAK LLC staff, You are required to follow the rules of that community as they are written at any particular time You participate there.
We can terminate these Terms of Service if You breach any of the terms. This means that this license and the permission to use the Software can be revoked. This is pretty serious, so please be sure You understand this. It means, for example, that if You distribute the Software to pirates, or break community rules, or break any other rule in these Terms of Service, we can revoke Your access to our products with no refund.
You can terminate these Terms of Service at any time by simply uninstalling the Software from all Your machines.
If the Terms of Service is terminated, You no longer have any of the rights to the Software given in this license (though You do, of course, retain rights to things You created yourself). Even if these Terms of Service is terminated, provisions in it relating to jurisdiction and dispute resolution remain in force.
BIVAK LLC might make updates to the products available from time to time, but isn’t obligated to do so. BIVAK LLC also isn’t obligated to provide any ongoing support or maintenance for the Software.
You download, install and use our products at Your own risk. BIVAK LLC is not liable for any damage that might be caused to You by downloading, installing and using our Software.
We may sell the Software during an "early access" or "alpha" or "beta" release period (or something similar), but this doesn’t mean we’re obligated to add any particular amount of content or to fix any particular amount of bugs before releasing the game as its final version. We are allowed to declare the Software finished, and cease updates, at any time. Of course, we want to make the game fulfill our vision, and be quite bug-free, but we can’t be obligated to do any particular amount of additional work.
Your local law may give You rights that these Terms of Service cannot change. If so, these Terms of Service apply as far as the law allows. Nothing in this license limits our liability for death or bodily injury resulting from our negligence or fraudulent misrepresentations.
This agreement shall be governed by the laws of the jurisdiction of BIVAK LLC. Any lawsuit relating to this agreement must be filed in the jurisdiction of BIVAK LLC.
If You come to us with a suggestion for any one of our websites, games, or other products, that suggestion is made for free and we have no obligation to accept or consider it. This means we can use or not use Your suggestion in any way we want and we don’t have to pay You for it. If You think You have a suggestion that we would be willing to pay You for, please do not submit Your suggestion unless You have first told us You expect to be paid and we have responded in writing by asking You to submit the suggestion.
You are aware and agree that use of the Software and the media on which it is recorded, if any, is at Your sole risk. The Software is provided "as is". BIVAK LLC expressly disclaims all other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. BIVAK LLC does not warrant that the Software will meet Your requirements or desires. You bear the whole risk as to its quality and performance. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.
You hold BIVAK LLC blameless for any harm that may arise from Your use of the Software or from actions or inactions of BIVAK LLC in connection with the Software. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation of exclusion may not apply to You.
Please address all Your questions, complaints or comments regarding these Terms of Service to our Support at: publishing@bivak.ru