Important: please read this agreement carefully.
By pressing the «Accept and Install» button you confirm your compliance with all these documents.
This document contains the terms and conditions governing the relationship between Innova Co. SARL. (hereinafter referred to as “Innova”) and an individual, i.e. User, while using 4game Service.
1. General Provisions
1.1. Terms used in the Agreement:
Under the terms of this Agreement, 4game Service or 4gameshall mean the online platform designed for providing Users with the possibility to open and manage their Individual Accounts, as well as with access to the game projects located thereon, with the help of 4game Application on the terms and conditions provided by 4game and/or game projects and available on the Internet at 4game.com, as well as other elements specified in this Agreement.
4game functionality. 4game is intended for providing the User (through the Web-Site) with the possibility to open and manage his or her Individual Account, as well as with access to the game projects located thereon and participation therein with the help of 4game Application by means of authorization, as provided for by the Web-Site.
4game Service is provided to the Users free of charge on condition that they fully comply with the provisions of this Agreement.
4game Application (also “4game App”) shall mean supplementary software (including built-in security tools) required to create and/or obtain access to the User’s Individual Account. 4game Application may be downloaded and installed (recorded to the User’s PC) from 4game.com. In addition, 4game Application may be downloaded when the User starts installing the game client of the respective game project located on 4game Service. To be able to download and install 4game Application, the User shall read and accept the terms and conditions of 4game Application License Agreement which is inseparable of this Agreement (Annex No 1).
Individual Account shall mean the method used to register payment and statistical information, as well as the data on mutual settlements between Innova and User, on services provided to the User, on the amount of advance payments not used by the User and other information substantial for the Parties. Individual Account shall have a unique number (ID account) and shall be directly connected with the Login.
Any information contained on the User’s Individual Account shall be available only after due authorization by the User as the person who created such Individual Account. The User may, at his or her sole discretion, create and use the Individual Account for his or her personal non-commercial purposes. It is strictly prohibited to disclose any information about access to Individual Account to any third parties and use the Individual Account by more than one person.
Web-site means 4game.com and all domains and subdomains of the following levels.
1.2. Hereby the User acknowledges and understands that, in order to use 4game Service, he shall be the lawful user of 4game Application available to the users, who have concluded 4game Application License Agreement that is an inseparable part of this Agreement (Annex No 1).
1.3. This Agreement shall be concluded by pressing “Accept and install” button, while installing 4game Application, which confirms the User’s consent to conclusion of this Agreement without any provisos and/or exceptions and to compliance with all its terms and conditions. This Agreement shall be considered concluded and effective upon input by the User of all necessary information required for its conclusion and due performance, as well as, if applicable, upon activation of the link submitted in the email specified by the User upon his orher registration.
1.5. 4game service grants access to the game projects uploaded to 4game service both by Innova and other publishers of game projects (including Innova’s affiliates). Prior to conclusion of any agreements on the use of respective game projects, please read the information about the publisher of the respective game, which has uploaded the game project to 4game service, its servicing terms and conditions. In addition, the information about the persons, who upload their game project, becomes available on web-pages of respective game projects on 4game service.
2. Terms and Conditions on the use of 4game Service
2.1. By accepting the terms and conditions of this Agreement, the User confirms that:
- he or she concludes the Agreement on a voluntary basis, consciously, without any compulsion by Innova and/or third parties;
- he or she is competent and legally capable and has the right to conclude this Agreement. In case when a person intending to conclude this Agreement is not of legal age, or his or her legal capacity is limited according to the laws of the country of his/her residency, this Agreement may be concluded on condition that his or her lawful representative or guardian consents thereto. Such person shall obtain and provide Innova with the consent of his/her legal representatives (parents, foster parents or guardians) for the use of 4game Service. Innova may request the consent from such legal representatives at any time. In case of failure to provide it, the User shall be deprived of his or her right to use 4game Service and/or game projects located thereon. In addition, the use of 4game Service and/or game projects located thereon may be suspended/terminated by Innova at the request of Your parents or other legal representatives.
- he/she has the technical ability to use 4game Service published in Legal Information on 4game.com and Internet connection (broadband connection is preferable).
- the User guarantees that he or she shall personally execute this Agreement; shall not assign any rights and/or obligations arising out of this Agreement to any third parties or involve any third parties as co-executors;
- the User confirms that, while concluding this Agreement, he or she accepts all the terms and conditions specified herein, without any exceptions and/or provisos.
2.2. Terms and Conditions for depositing funds into Individual Account
2.2.1 The funds credited by the User to 4game account shall be advance payments that may be used to pay for the services provided by Innova and/or its affiliates and shall be available through 4game, as described in p. 2.3. of the Agreement.
Prior to depositing funds into his or her Individual Account the User shall ensure that the services provided by Innova and/or its affiliates are available for him/her.
2.2.2. The funds shall be credited on a noncash basis through payment systems and/or payment agents, the list of which is provided on the Web-Site. The Web-Site also contains descriptions of methods used to credit the funds into the Individual Account.
In case when the funds are deposited into the Individual Account by using other methods, through other payment systems and/or payment agents not specified on the Web-Site, this shall not be considered a due deposit and shall not result in origination of any Innova’s liabilities. In this case, the User shall be responsible for all losses and damages incurred.
2.2.3. You may deposit only Russian rubles or Euro into your account. The balance of each currency specified above shall be displayed separately in the Individual Account. Individual Account balance in one currency may not be transferred, in full or in part, to the Individual Account balance in another currency.
In case when payment is effected in any other currency, the conversion into Russian rubles or Euros shall be effected by the payment system (payment agent) at the rate of the payment system (payment agent), which was used by the User to deposit the funds into his/her account. Besides, a fee and/or other payments may be charged by the payment system (payment agent), while effecting the conversion for performance of such a transaction. Prior to any payment, the User shall read the currency conversion terms and conditions applied by the system chosen by the User to deposit the funds into his/her Individual Account.
2.2.4. The User shall, independently and for his/her own account, incur the costs associated with the transfer of funds to pay for the services, including possible deductions, levies, fees. The procedure used to determine the amount to be credited to the Individual Account less the deductions, fees and levies shall be stipulated by the respective payment system. The User shall independently read such information submitted by the respective payment system prior to making any payments.
2.2.5. To avoid fraud when paying with bank cards, all payments registered at the Web-Site and effected with the help of the bank card made be examined by Innova. In this case the User registering such a payment shall, at Innova’s request, submit a copy of his/her passport, as well as a copy of two sides of the bank card (card number shall be closed except for the last 4 digits) and other information, if applicable. In case when the User fails to submit the documents mentioned above (via fax only) within three days upon the request date, or in case when there are any doubts as to their authenticity, Innova shall have the right to suspend provision of the User with 4game Service.
2.2.6. For the period of promotion (stimulating) activities, the Users may be granted bonuses (discounts) upon depositing the funds into their Individual Accounts (for example, in case when the funds are deposited into the Individual Account through a certain payment system (payment agent). Information and details of performance of such activities, including the procedure and restrictions on the use of bonuses (discounts) granted to the User, shall be available at the Web-Site.
Meanwhile, the amounts equal to the discounts, bonuses, prizes and/or awards granted by Innova to the User shall not be subject to payment as monetary funds, unless otherwise stipulated by the terms and conditions of the respective promotion (stimulating) event.
2.3. Terms and Conditions for using and writing off the funds from an Individual Account.
2.3.1. The funds from 4game account may be used only to pay for the services provided by Innova and/or its affiliates. Descriptions of services are provided on the Web-Site.
The Service shall be provided to the Users, who are a party to the valid agreement in relation to such a service.
Within the framework of this Agreement, the service shall mean any entertainment services rendered by granting (through 4game Service) the access to many Online User Games targeted at the organization and support of the game process, the detailed description of which is contained in the User Agreement for the respective Game.
2.3.2. Payment for the services shall be effected within the limits of the amounts credited to the User’s Individual Account.
Innova shall have the right to provide the User with a different payment option (for example, deferred payment), in case of availability of which its description will be posted on the Web-Site.
2.3.3. The cost of services and procedure for payment for the services shall be stipulated by the User agreement for the respective Game. The cost of services and procedure on payment for them shall be specified on the Web-Site and/or on the page (web-site) of the respective game and/or within the Game. In any case the services shall be considered provided upon the write off of funds from the Individual Account, as specified in p. 2.3.4. of the Agreement, irrespective of the User’s presence in the game, including the reasons, for which the User is absent in the game, unless otherwise specified in the description of the respective service.
The procedure for payment for the services may be changed for the duration of promotion (stimulating) activities in relation to the Users joining such an event (registered as a user). The terms and conditions for carrying out such activities shall be posted on the Web-Site and/or on the page (web-site) of the respective game and/or within the Game. The User shall read such information independently.
2.3.4 The services shall be paid for by means of writing off the funds from the User’s Individual Account. The write off shall be performed in case when the User purchases in accordance with the rules and terms and conditions of the Game, within the Game Process, of virtual items, as well as in case of performance of other acts and/or order of other options, the cost of which shall be determined in accordance with p. 2.3.3. of the Agreement.
By pressing “Buy” button or any other similar button in the interface of the respective Game and game resource, the User irrevocably authorizes Innova to immediately write off the funds from the User’s Individual Account as the payment for respective services.
The Parties agree that the date, on which the funds are debited from the Individual Account, shall be the date of due provision of services to the User.
2.3.5. The funds shall be debited from the User’s Individual Account as the payment for the services in accordance with the procedure for crediting the funds to the Individual Account: the funds credited on the earliest date shall be written off first as the payment for the services.
2.3.6. Detailed description of payments and settlements for 4game, procedure for debiting and crediting of the User’s Individual account and the refund procedure of amounts available in his/her Individual Account are specifies in the Payments policy that is integral part of the Agreement. The User is aware and understands, that in order to use 4game he/she has to read and accept the terms of the Payment Policy above without any exceptions or provisos.
The Payment Policy for the Users, who are the citizens of the European Union Member States, is specified at the address https://eu.4game.com/legal/4game/7 and is an inseparable part of this Agreement.
The Payment Policy for the Users, who are the citizens of the Russian Federation, Ukraine, Georgia and CIS countries is specified at the address https://ru.4game.com/legal/4game/16 and is an inseparable part of this Agreement.
3. User’s Rights and Obligations
3.1. The User shall have the right (through the Web-Site) to obtain access to all the data on his/her Individual Account, including at any time to check the state (balance) of his/her Individual Account after the authorization (by entering the due login and password).
3.2. The User shall have the right to obtain information on all transactions (funds credited to and/or debited from his/her Individual Account) after his/her authorization.
3.3. The User shall have the right to return the funds available with his/her Individual Account and not used as of submission and processing of the request to return them in accordance with Annex No 2 to the Agreement.
3.4. The User shall independently ensure non-disclosure (confidentiality) of data stored on his/her Individual Account, including data on the access to the Individual Account, and shall be liable for his/her failure to preserve such data, or for their disclosure, by any means.
3.5. The User shall use only legal methods to pay for the Services, which do not breach the laws of the country, in the jurisdiction of which he/she is located. The User guarantees that he/she has the right to use payment funds used by him/her to pay for the Services. Innova shall not be liable for any possible damage to any third parties and/or other Users caused as a result of the use by the User of any funds not owned by him/her.
3.6. The User undertakes not to engage in any of the following activities:
- While using 4game Service, the User may not perform any acts infringing intellectual property rights of Innova and/or its affiliates and/or any third parties;
- The User may not illegally bypass and/or eliminate security tools referred to by this Agreement;
- The User may not take any advantage from using 4game Service.
3.7. In case when any technical problems arise, while using 4game Service, the User shall have the right to contact the customer service. The customer service may be contacted only by means of User’s authorization in the system of support.4game.com.
3.8. Hereby the User agrees to receive advertising messages from Innova (4game Service) and/or to view the advertisements, while using 4game Service, without any additional notices, as well as to receive any other information connected with the use of 4game Service.
4. Termination of the Agreement on the User’s initiative
4.1. The User shall have the right to terminate this Agreement at any time by means of uninstalling
4game Application (and its archive copies) from his/her PC subject to notification of Innova not less than ten business days prior to the expected termination.
In case when there are no funds in the User’s account and when there is no indebtedness to Innova for the services provided, the notice shall be considered duly submitted, when it is sent through the system of https://eu.4gamesupport.com/.
4.2. Termination on the User’s initiative is only possible in case when the User has no indebtedness to Innova for the services provided as of such termination.
4.3. In case of termination of this Agreement on the User’s initiative, the latter shall have the right to request to return the funds available in his/her Individual Account and not utilized as of such termination in accordance with Payment Policy, stated in accordance with p. 2.3.6. of the Agreement.
4.4. In case of receipt of User’s notice on such termination of this Agreement, Innova shall immediately block the User’s Individual Account, however, not later than one business day from receipt of such a notice.
5. Termination and amendment of the Agreement by Innova
5.1. This Agreement may be terminated by Innova on a unilateral extrajudicial basis without specifying the reasons for such termination and at any time subject to the notification of the User not less than 15 days prior to the expected termination date.
In this case, the User shall have the right to request to return the funds available in his/her Individual Account and not utilized as of such termination in accordance with Payment Policy, stated in accordance with p. 2.3.6. of the Agreement.
5.2. This Agreement may be terminated by Innova at any time on a unilateral extrajudicial basis without prior notification of the User in case when the User breaches this Agreement and/or other agreements concluded by him/her with Innova and/or terms and conditions of agreements incorporated into this Agreement by reference.
Innova shall not be obliged to provide the User with any evidence proving such a breach.
5.3. This Agreement may be changed and/or amended by Innova without any prior notice at any time within its validity period. The edited version of the agreement shall be available to the User on the Web-Site.
In case when the User doesn’t agree with such changes, the User shall have the right to terminate this Agreement in accordance with the procedure specified in p. 4.1. of the Agreement.
5.4. Innova shall have the right to suspend provision of the services, for the purpose of obtaining of which the User has been granted the License for 4game
Application, by blocking (removal) of the User’s Individual Account. This Agreement shall be considered terminated from the date of such blocking.
Besides, Innova may suspend provision of services by means of blocking (removal) of the User’s Individual Account in case, when it suspects him/her in any fraudulent and/or deceitful acts performed while using such an Individual Account, as well as to comply with the security policy and/or for the purpose of compliance with the law provisions.
6. Intellectual Property Rights
6.1. Exclusive rights for 4game Service and/or its elements (including, but not limited to, the text, images, multimedia materials, software codes and other copyright items) shall be exercised and/or owned by Innova and/or its affiliates on a legal basis.
7.2. The User shall use 4game Service at his/her own risk. 4game Service is provided “as is”.
7.3. Innova doesn’t guarantee that:
- 4game Service will comply with the User’s requirements;
- 4game Service will be provided uninterruptedly, quickly, reliably and without any errors;
- quality of information, data, drawings etc. posted on 4game Service will correspond to the expectations of the User.
7.4. Innova shall not be liable for any damage, direct or indirect, caused not through its fault as a result of:
- use or impossibility to use 4game Service or information posted thereon;
- unauthorized access to personal information of the User;
7.4. Innova shall not be liable for any temporary malfunctioning and functionality interruptions of 4game Service, for any temporary malfunctioning and interruptions in the operation of communication lines, other similar malfunctioning, as well as for any malfunctioning of the PC, from which the User accesses Internet.
7.5. Innova shall not be liable for any losses or other damage incurred by the User in connection with any third party acts, including those resulting in failure to transfer (non-receipt) or partial transfer (receipt) of funds to Innova’s settlement account through electronic and other payment systems, including in cases, when the user purchases any services from any third parties not authorized by Innova or effects any payments to such persons/entities in connection with the payment for the services.
However, Innova undertakes to ensure functionality of the software used by Innova to receive information on the duly effected transfer of funds.
8. Other Provisions
8.1. This Agreement shall be governed by the laws of the Grand Duchy of Luxembourg and/or by applicable international agreements and contracts (conflict rules shall not apply). All disputes arising out of this Agreement shall be transferred to the court at Innova’s location.
9. Contact Information of the Administration
9.1. In case the User has any questions on performance of this Agreement, as well as any questions relation to the License for 4game Application and/or its use, he/she can apply at the address:
Innova Co. SARL.
16 Rue Erasme, L-1468 Luxembourg or via e-mail: firstname.lastname@example.org
Annex No 1 to the Agreement on the use of 4game
4game Application License Agreement
This License is a document concluded between You, individual – lawful owner of the software sample (hereinafter referred to as the “User”) and Innova in relation to “4game Application” software in accordance with its definition in this License. By installing (copying to PC’s memory) 4game Application or otherwise legally using the above software, You agree with the terms and conditions of this License without any exceptions.
1. General Provisions
1.1. 4game Application or 4game app shall mean the software required to use 4game Service for the purpose of obtaining access and use of the functionality of 4game , i.e. necessary to ensure maintenance of the access to the individual account and its management, to ensure the technical possibility to record on PC’s memory (install the Client of the Game), completion of the registration and conclusion of the respective User Agreement with Innova, as well as to obtain access and participate in the game process (Games), the rights in relation to which are held by Innova and/or its affiliates.
Other terms used in the License shall have the meanings in accordance with the Agreement on the use of 4game Service.
1.2. Access to the game process, completion of the registration procedure and conclusion of the respective license and User agreement with Innova in relation to any Game may be granted subject to the use of 4game Application, unless otherwise provided for by the respective web-site of the Game, including the User Agreement.
1.3. The User shall guarantee that the equipment and communication means used by him/her, including carrier services, are sufficient and proper for the use of 4game Application. Meanwhile, the User acknowledges that 4game Application may be used subject to the minimum technical capabilities published in Legal Information on 4game.com and Internet connection (broadband connection is preferable).
1.4. All exclusive rights for 4game Application are protected by the applicable law and international treaties (agreements) provided, however, that conflict rules do not apply.
2.License Terms and Conditions
2.1. Based on this License, the User shall be granted free of charge and for his/her own personal non-commercial objectives:
• the right to install (record in PC’s memory) 4game Application to one PC (device) of the User; • the right to launch 4game Application exclusively for the use of 4game Service and/or game projects personally by the User.
2.2. All rights explicitly not granted by this License shall be reserved by Innova and shall be considered not provided to the User.
2.3. This Agreement also doesn’t provide the User with the right for:
- elements (components, parts) of 4game Application. The User shall not have the right to use them for any purposes, except while using 4game Application in accordance with the terms and conditions of this License;
- Games and elements of Games. To use the Games and to obtain the access to entertainment services, the User shall conclude a separate agreement with Innova.
- Means of individualization of persons, products, works, services, including logos, trademarks, service marks, trade names;
- Other software, except for 4game Application, in the volume stipulated by the License.
2.4. The License for 4game Application is indivisible.
2.5. The License for 4game Application shall also apply to updates, additions, additional components, which may be provided, or access to which may be granted by Innova, as well as by its partners and counteragents, while the User uses 4game Application, in case when the right to use such updates, additions, additional components is not transferred on the basis of independent agreements. In this case, such updates, additions and additional components for 4game Application shall be installed in the same system folders and files on your personal computer, in which a copy of 4game Application is stored. Innova shall additionally notify the Users in case of material changes in 4game Application.
3. License Restrictions
3.1. License Validity.
This License shall be valid for 6 months from the date of installation of 4game Application. The Agreement shall be prolonged automatically for the same period in case when neither Party announces its termination and/or terminates the License.
3.2. User may not:
- change or create any derivative products on the basis of 4game Application or any its element (including audiovisual sequence and source code), including translation or localization;
- remove any signs and/or information, including copyright signs, individualization means, technical protection tools;
- block the operation of any technical protection tools of Games and/or elements of Games, including the content of Games;
- copy 4game Application, except for the cases explicitly provided for by this Agreement;
- divide 4game Application and/or its elements into components;
- disclose the technology, decompile, disassemble or by any other means try to obtain the source code of the Application, make any changes to the source code, modify the functionality of 4game Application;
- distribute, complicate, sell, sublicense, lease or rent, mortgage, commercially benefit from its use or dispose thereof (including without any commercial benefit) by any other means not specified by the License;
- use explicitly prohibited software, including for the purpose of interference in the operation of 4game Service.
3.3. The rights under this Agreement, in part or in full, may not be assigned by the User to any third parties. Innova shall be authorized to assign the rights and obligations under this Agreement to any third parties without User’s consent in writing.
3.4. Innova shall not be liable to provide the User with its technical support and does not guarantee that any failures or defects in 4game Application will be cured.
3.5. Technical Protection Tools of 4game Application
4. License Termination
4.1. Regardless of the bases for termination (suspension, refusal) of this Agreement, the User shall promptly uninstall 4game Application (its archive copies) from PC’s memory (User’s PC).
4.2. This Agreements shall be valid up to the expiry of the License validity, as defined in p. 3.1. of the Agreement, or up to its early termination (refusal to perform it).
4.3. The User shall have the right to unilaterally terminate this Agreement at any time by uninstalling the Client (its archive copies) from his/her PC’s memory subject to notification of Innova not less than one business day prior to the expected termination. Upon receipt of such a notice, this Agreement and agreements on the games located on 4game Service, if such agreements have been concluded with the User, shall be considered terminated.
The notice shall be considered duly submitted, if sent through the system of tickets at eu.4gamesupport.com.
4.4. Innova shall (on a unilateral extrajudicial basis) be authorized to refuse to perform this Agreement in full or in part without prior notification of the User, including in case of breach by the User of other agreements concluded between him/her and Innova.
4.5. Innova shall have the right to suspend provision of services, for the purpose of purchase of which the User has been granted this License, by blocking (deleting) the account and/or Individual Account of the User. This Agreement and any agreements for the Games located on 4gane Service, if such agreements have been concluded, shall be considered terminated from the date of such blocking.
5. Guarantee. Liability
5.1. The User confirms that 4game Application is provided according to “AS IS” principle. The User fully accepts the risk of consequences arising out of using of 4game Application, including interaction with other software installed on the User’s PC and agrees that the result of such use may not correspond to the expectations of the User.
5.2. In no circumstance Innova, its affiliates, holders of the rights for the Games, as well as Innova’s partners and counteragents shall incur any liability for any damage or losses (including, but not limited to, lost profit, losses caused by disclosure of confidential or other information through User’s fault, interruptions in participation in the Game process) arising in connection with the use or impossibility to use 4game Application, including in case of malfunctioning of the program, even when the User has sent a notice on the possibility of origination of such losses and/or damage.
5.3. Innova, its affiliates, holders of rights for the Games, as well as Innova’s partners and counteragents shall not be liable to any persons/entities for illegal acts by any third parties, temporary malfunctioning and interruptions in the operation of 4game Application caused by failures in communication lines, other similar failures, as well as malfunctioning of equipment, with the help of which 4game Application is used.
6. Other Provisions
6.1. This Agreement may be changed and/or amended by Innova at any time within the validity of the Agreement. All changes and/or amendments shall be posted by Innova on the Web-Site and shall become valid upon such posting. The User undertakes independently to read all such changes and/or amendments not less than once in two calendar days.
6.2. This Agreement shall be governed by the laws of the Grand Duchy of Luxembourg and/or by applicable international treaties and agreements (conflict rules shall not apply).
6.3. All disputes arising out of this Agreement shall be submitted to the court at Innova’s location.
6.4. In case the User has any questions relating to this License and/or use of 4game Application, he/she can apply at the address: Innova Co. SARL., 16 RUE ERASME, L-1468 Luxembourg, or via e-mail: email@example.com.