This User and License Agreement (the “Agreement”) is a legally binding contract between you and Innova Co. S.à r.l. (“Innova”), with its place of business in the Grand Duchy of Luxembourg.
Please read this Agreement carefully and make sure that all the provisions are clear for you before you check the “I accept the User and License Agreement” box and click “Next”.
The terms of this Agreement may only be accepted by you in full, without any reserves.
By accepting the terms of this Agreement, you confirm that you are legally capable and authorized to enter into this Agreement. You hereby warrant that any equipment and communication facilities you use, including the services of a service provider you use are sufficient and intact for using the Game and the Game Client.
If you disagree with the terms hereof, please decline to continue the installation (copying) of the Game Client by clicking the Cancel/No button.
1. Definitions
1.1. “4game Service“ or “4game“ means the online platform designed to provide Users with the possibility to open and manage their Individual Accounts, as well as with access to the game projects located thereon, including the Game with the help of the 4game Application on the terms and conditions provided by the 4game Terms of Use.
1.2. “Account” means a personal account created by the User on 4game, containing statistical, accounting, and other information that is necessary for the User to identify the User in the Game.
1.3. “Agreement” means this document, including any Annexes hereto, and any information posted by Innova on the Sites and governing the legal relationship between the Parties (Innova and the User) as to the use of the Game, rights and obligations of the User as related to his/her participation in the Game Process, and any information describing the Game, including its rules, conditions or restrictions, Game Client license agreement, but, however, excluding the 4game Terms of Use, the 4game application license agreement, the 4game Center license agreement.
1.4. “In-game Items” means any virtual currency, goods, items, boosts, or effects such as, but not limited to, divine forms, costumes, mounts, class unlocks, coins, points, gems, weapons, vehicles, skins, power-ups, apparel, equipment, trophies, rewards, or any other in-game virtual asset made available, purchased from https://eu.4game.com/webshop/ , earned, or otherwise acquired through the Game Process.
1.5. “Game Client” means the software required for launching the Game. The Game Client can be downloaded from 4game.
1.6. “Game” means a multi-user online Game Skyforge for Microsoft Windows (see Annex 1 Article 3.1. about technical requirements for the User’s PC). The genre of the Game is fantasy. The Game is available at https://eu.4game.com/ . The Game is based on a free-to-play model. The Game represents an aggregate of software and databases including the Game Client as its component, copyrights, trademarks, and any other intellectual property rights that can be reached via the official website or in the game process. The Game includes also (without limitation) object code, separate computer programs, manuals; any names, including names of places, locations, characters, character’s appearance, in-game items and objects, the scenario of the Game and separate parts thereof; fonts, audio, video, interfaces, technical copyright protection facility, etc.
1.7. “Game Process” means the aggregate of actions and relations between Users and/or Innova in the course of using the Game in accordance with its purpose, Game scenario, terms, and rules.
1.8. “Login” and “Password” means two unique character sets to be created by the User or received by Innova from a social network (for example Facebook) by the User’s consent in order to use 4game account at eu.4game.com. The Login and the Password can be used for any game project available via 4game.com.
The registration process is described in the 4game Terms of Use. Login and Password are necessary for further performance of the Agreement and identification of the User in the course of using the Game/Services and any other gaming projects available through 4game.com, provided that the Login and contact e-mail of the User coincide.
The User is totally responsible for the confidentiality of his/her Login and Password and shall not provide them to any third party (except in the case of creating 4game account, Login and Password by a legal representative who is entitled to give Login and Password to his/her minor child). The User shall carefully check all forms, requests, and notifications about his/her Login, and Password to avoid fraudulent attempts to get the User’s 4game account data. Innova shall not be responsible for any actions related to such fraudulent actions and their consequences, as well as for the User’s failure to ensure the confidentiality of his/her Login, and Password.
1.9. “Rights Holder“ means a company that owns the exclusive rights to the Game. Information about the Rights Holder may be found at the bottom of the Game page on 4game. The Rights Holder under this Agreement is Music Guru LLC.
Innova has the right to grant rights to use the Game under the terms of the License Agreement from the Rights Holder.
1.10. “Services” or “Game Services” means a set of entertaining Game services provided via the Internet under the Agreement, including free and fee-based services.
Paid services are listed in the store on 4game at https://eu.4game.com/webshop/, all other Services are free of charge. The list of paid services is available in the 4game store at https://eu.4game.com/webshop/ (SkyforgeStore), all other Services are free of charge.
Innova does not provide Internet access and the User is responsible for all fees in respect of the Internet connection, his/her computer, and related communication equipment.
1.11. “Sites” means websites located currently at https://eu.4game.com/ , https://eu.4game.com/skyforgetransfer/ (is a temporary link and may not be available after the Game migration process is complete), all domains of further levels, that are related to the sites. Innova is entitled to change the URL addresses of the sites at any time and notify Users of such changes. Innova may also inform Users of any issues related to the Game via the official forum located at https://eu.4gameforum.com/ .
1.12. “Territory“ means the territory where the Game is accessible using 4game Service.
1.13. “User” means an individual (natural person) that has completed the registration in 4game (i.e. has 4game account) and entered into this Agreement including the Game Client license agreement with Innova by joining it unconditionally, provided that he/she has consented with the Privacy Policy.
2. General Provisions
2.1. Innova provides to the User services of entertaining (leisure) nature (the “Services”) such as access and use of the Game, related updates, content, in-game items, all online services and Sites, subject to the User’s compliance with the present Agreement and all related agreements (such as 4game Terms of Use, etc.).
2.2. To access and use the Services the User needs to
1. create 4game account,
2. download the 4game application and/or 4game Center in order to use the Services,
3. download Game Client software;
4. enter into corresponding agreements.
This is possible to do on the website currently eu.4game.com/. 4game account registration and use is free of charge. 4game account is intended to display the User’s registration and payment information in respect of Skyforge and other Games operated and/or supported by Innova. 4game account shall be used by the User in accordance with the 4game Terms of Use. 4game application which is intended for 4game account access and shall be used under a separate License agreement. Game Client shall be used by the User in accordance with the present User and License Agreement (Annex 2 hereto). 4game account can be used for other games available at 4game.com (if any) or other language versions of Skyforge (if any). This is a joint account that provides users with a convenient way to take part in all games available at 4game.com.
The 4game Terms of Use contains provisions regarding the registration process, 4game account, and Payment policy. The 4game Terms of Use and Payment policy are available at https://eu.4game.com/ .
4game application as well as 4game Center are auxiliary software (including, but not limited to, its technical protection facilities), that can be downloaded from eu.4game.com. This is a tiny program that is downloaded and installed in the PC memory at the same moment when the User downloads the Game Client or separately from Sites. Once the 4game application or 4game Center is installed it gives the User a comfortable technical facility to access the User’s 4game account. The User cannot create 4game account without the 4game application or 4game Center. The 4game application or 4game Center is a part of the operating procedure of reproduction (installation) of the Game Client, access to the User’s 4game account, as well as access to the Game Process.
2.3. Users under 13 are not allowed to play the Game, take part in the Game Process, and enter into the Agreement. On behalf of any minor Users (that are, however, older than 13 years of age) this Agreement may be entered into only by their legal representatives (parents, guardians, legal representatives, etc.), or trustee.
Where applicable, the User's rights and obligations under the Agreement are exercised exclusively through their legal representatives.
Innova is entitled to inquire about confirmation of the representative’s legal status and his/her expressed consent to enter into this Agreement. Innova is entitled to contact such representatives directly (by phone or e-mail). For the period of getting the mentioned information, the Services can be suspended.
ESRB age rating or other similar ratings are used to ensure that the Game itself, and entertainment Game content is intended for the particular age group for which it is most suitable. These ratings do not indicate the legal capacity to enter into the Agreement.
2.4. The Services are provided by Innova only to Users within the Territory. Any Users that are outside the Territory shall not be entitled to use the Services.
2.5. Processing and protection of User’s sensitive information is carried out under the Privacy Policy. It is available at Sites. The scope of regulation and application of the Privacy Policy is described in the Policy. You can follow the link https://eu.4game.com/legal/4game/7 to find the Policy.
2.6. Game Client license agreement is an integral part of this Agreement subject to Annex No. 2 hereto.
3. Services Description
3.1. In accordance with the terms and conditions hereof, Innova shall provide the following Services:
1. access to the Game is subject to the User’s compliance with the Agreement and all related agreements,
2. support of the Game Process,
3. fee-based services such as the in-game items from SkyforgeStore, Premium Account, etc., which are not obligatory for the User. The User at his/her own discretion to order, purchase, and use such fee-based services.
3.2. Innova shall provide access to the Services only to authorized Users on the 4Game App. The authorization is only possible by means of the Login and the Passwords or by means of social network authentication as set out in this Agreement. Any other methods of obtaining access to the Services by Users shall be deemed to be illegal and infringing acts that breach the provisions hereof.
3.3. The Services shall be provided on a permanent basis with availability is no less than 85%, except for the time for breaks due to the technical maintenance of the Game, forums, chats, equipment, or updating of Innova’s sites.
Innova shall place the announcement on any such works 2 hours prior to their implementation at Innova’s sites or set a schedule for regular maintenance. The User shall be responsible for reviewing such information.
However, in exceptional cases of technical difficulties, Innova reserves the right to interrupt the Service immediately to prevent greater problems or damage to the Game, Game servers, or Services. In such cases, Innova applies all reasonable effort to restart Services as soon as possible.
The User agrees that he/she is not entitled to claim any damages for Service interruption irrespective of the nature and reasons of it.
3.4. Any fee-based Services, as well as collection of payments, shall be performed only by Innova and/or any entities that are specially authorized by Innova for the provisions of chargeable Services and/or collection of payments.
If the User transfers money via or to any entities or individuals other than those listed on 4game such transfer shall neither be deemed to be a proper fulfillment of the User’s obligations nor result in any legal effects and obligations on Innova. Any responsibility and losses shall be borne by the User.
3.5. Innova is entitled to delete any content, components, information, data (including Game data), characters, and items with no restoration of them and no compensation and refunds to Users.
4. Innova’s Rights and Obligations
4.1. Innova hereby agrees to keep confidential all the 4game account registration data and any other details of the User, except for the cases stipulated by the applicable legislation.
4.2. Innova provides the User with the possibility to obtain information about any amendments to this Agreement and any Annexes hereto, the list, procedure for, and terms of provision of Services subject to Section 8 below.
4.3. Innova provides the User with the appropriate quality of Services in accordance with the provisions and limitations set in the Agreement.
4.4. Innova reserves the right to take any measures that do not contradict the applicable legislation in order to restrict or block access to the Sites/Game/Services for any persons that breach the provisions hereof. Innova reserves the right to suspend or terminate the Agreement as per Section 8 below.
4.5. Innova does not pre-moderate content posted by Users on the Sites or in the Game (for example in public chats, forums, etc.). Innova shall be entitled (but does not bear the obligation) to delete and/or modify any data, information, or results of intellectual activity that may be posted at Sites, including by Users.
4.6. Innova shall have the right, in accordance with the applicable legislation, to suspend or terminate the Agreement and provision of the Services as per Section 8 of the Agreement. For the Violations and Penalties and related information please follow the link: https://eu.4game.com/legal/skyforge/241.
4.7. Innova is entitled to change the price of fee-based Services. All the changes are displayed on the SkyforgeStore at https://eu.4game.com/webshop/ . However, this does not mean that the User who has already paid for the Service is obliged to pay any difference in the case where the price increases and is not entitled to claim any refunds in the case where the price decreases.
4.8. Innova refunds Users in accordance with the Payment Policy.
4.9. Innova provides support and assistance via support tools located at: https://support.eu.4game.com/ .
4.10. Innova is entitled to enforce and apply Game penalties and sanctions described in the Violations and Penalties to the User who breaches the Agreement (including but to limited to the Game Rules).
4.11. Innova may from time to time conduct promotional contests, events, activities, tournaments, etc. Such events are a part of the Game Process. For such events special rules and conditions that differ from the Agreement may be applicable. However, the User’s compliance with the Agreement is an essential condition for participation in the events. Game penalties and sanctions may be enforced to the User by Innova at any time in the course of the promotional events.
5. Rights and Obligations of the User
5.1. The User shall have the right to use the Services for personal non-commercial purposes only.
5.2. During registration of 4game account and at any time of use of the Game the User shall provide true, accurate, full, current and relevant information to Innova (including but not limited to the following cases: filling in any required registration forms, submitting support tickets, e-mails, letters, statements, etc.). The User acknowledges that he/she understands that by providing of the information contrary to the requirement of this Article, he/she commits a material breach of the Agreement and his/her obligations.
5.3. In case of valid reasons therefor, the User shall immediately make changes in the 4game account registration data in accordance with the procedures set out in the Privacy Policy.
5.4. The User shall abide by the Game Rules subject to Annex No. 1 hereto, Anti-Cheat Rules, and fulfill any other Innova’s requirements for participation in the Game Process as published at Innova’s sites. The User is aware and understands that by accessing the Game and participating in the Game Process agrees to Innova’s access to the information and processes specified in the Anti-Cheat Rules and agrees to comply with them.
5.5. The User shall respect the intellectual rights of Innova and the Rights Holder as specified in Section 7 below. The User shall conform to Article 3.5. above. The User hereby warrants that in the course of using the Services, he/she will not breach any third-party rights, including intellectual rights, and all the data (information, results of intellectual activity) will be lawfully posted by the User at Sites.
5.6. In the course of using the Services, the User SHALL NOT HAVE THE RIGHT TO:
• change or create any derivatives based on the Game or any element thereof (including the audiovisual sequence), including translation or localization or create any derivative works, composite works, without the prior written consent of Innova, including shooting any video clips, create any graphic works, etc.;
• copy any elements of the Game;
• divide the Game and/or any elements thereof into components;
• decompile, disassemble or in any other way try to extract the software source code which is a Game element;
• distribute, complicate, sell, sublicense, use any software that is a Game element, on computers that have multiple terminal access and operate in a time-sharing mode, or in any other way transfer any of his/her rights to such software;
• remove or change any trademark, logo, copyright sign, or any other notices of title, inscriptions, symbols, or signs in the Game and/or any element thereof;
• copy, translate, distribute, publish, or otherwise use any information and/or results of intellectual activity that may be posted on the Sites, without the prior written consent of Innova;
• copy, translate, distribute, publish, or otherwise use any information and/or results of intellectual activity posted in the Game without the prior written consent of Innova;
• exploit the Game or its parts for any commercial purpose, including but not limited to power-leveling, selling of in-Game items;
• obtain any private account information of other Users;
• use any software bugs (and he/she shall promptly notify Innova), intervene in the program code, obtain unauthorized access to the computer system, obtain, without the prior written consent of Innova, access to the database containing Users’ data or materials;
• create any additional elements of the Game, whether or not provided for by its object code and scenario;
• transfer any of his/her rights hereunder, including transfer to any third parties his/her right (possibility) to use his/her User’s account;
• disrupt, hack, interfere with a technical facility for copyright protection mentioned in Article 3.5;
• perform any actions aimed at infliction of damage on Innova’s sites, obtaining unauthorized possibilities (access) to the Sites;
• make any attempts or threats mentioned above.
Any of the above action shall be deemed a material breach of the Agreement and the User’s obligations.
5.7. The User shall be responsible for ensuring non-disclosure (confidentiality) of the data stored in his/her account, his/her login and passwords and bear liability for any failure to keep confidential, and disclose in any way his/her account data.
5.8. The User hereby warrants to Innova that he/she shall have the right to use any payment facilities he/she has selected, without infringement of the applicable legislation and/or the legislation of any other country of residence of the User. Innova shall bear no liability for any possible damage on any third parties and/or any other Users that may be inflicted due to using any payment means he/she does not own.
5.9. The User may agree to receive advertisement messages from Innova and/or review ads in the course of the use of the Services. Innova will inform Users on Game or 4game news, activities, and promo events. The User can cancel such a subscription.
5.10. In case of any questions or problems related to the Game (such as technical questions, questions related to the Agreement, imposed sanctions, the Game scenario, and process), the User shall address his/her requests to the help desk (support team) at: https://support.eu.4game.com/ . This is the most sufficient way to turn to the support team. However, the User may send his/her request to Innova by e-mail (innova@inn.eu) or by post (for the postal address please see Section 9 of the Agreement). The User acknowledges that support tickets addressed to the help desk shall be in English, and the help desk replies will be in English as well.
5.11. When addressing a request to the support team, the User shall identify him or herself and provide 4game account registration data. A support ticket via https://support.eu.4game.com/ shall be created while the User is logged in.
The User is highly recommended to provide a detailed description of a question or a problem he/she has encountered. This helps the support team to provide him/her relevant answers and instructions.
Should the User provide incomplete 4game account registration data or 4game account registration data that raises doubts about its authenticity and belonging to the person who has addressed the help desk, the support team shall be entitled to request any additional data and information from the User. The support team may request additional data from the User.
5.12. The help desk shall send a reply to the User within 10 days after the date of receipt of the User’s application and submission of the full and authentic 4game account registration data. Such term may be increased, depending on the nature of the issue, which shall be additionally notified to the User.
6. Disclaimers
The User understands and agrees that:
6.1 The user shall use Sites, the Game, and services at his/her own risk. the service shall be provided on an “as is” basis.
In case of errors (bugs) in the Game, the description about them is published on the 4game at https://support.eu.4game.com/ . The list of the errors (bugs) can be supplemented as newly known errors (bugs) appear. Such supplements have an immediate effect.
6.2 Innova does not warrant that:
• the sites/the game/game services will satisfy the user’s needs;
• the service at Sites will be provided uninterrupted, fast, reliable, and error-free;
• the results that may be received by using the Services will be precise and reliable;
• the quality of any information, data, pictures, etc. posted in the Game and on the Sites will meet the user’s expectations.
6.3 Innova shall not be liable for inflicting any direct or indirect damage incurred through no its fault due to:
• using or failure to use any of the Sites, the Game, the Services, or any information posted therein;
• unauthorized access to the User’s personal information;
• loss of control over the account by the User;
• actions of any third party at Sites.
6.4. No data or information posted at Sites by any third parties (for example other Users) may be deemed to be a reliable and/or official source of information. Innova shall bear no liability for any indirect damages or any other losses the User may incur due to using any information provided by any third parties.
6.5. Innova shall bear no liability for any temporary malfunctions or interruptions in the provision of Services, for any temporary malfunctions or interruptions in the operation of communication lines, any other similar malfunctions, as well as for any problems with the computer from which the User accesses the Internet.
6.6. Except in the case of gross negligence or willful misconduct, Innova and/or any of its affiliates, subsidiaries, or agents shall not be responsible or liable for any indirect, incidental, or other damages (including without limitation, lost profits) resulting from the game, game services, Innova’s sites and/or materials on the sites, third parties’ actions related to the game, game services and Innova’s sites and/or materials on the sites, including fraudulent and/or negligent actions of third parties. The sole maximum aggregate liability of Innova for all damages, losses, and causes of action, whether in contract, tort (including without limitation, gross negligence), or otherwise, shall be the aggregate amount that the user actually spent in the Game during the term of the Agreement.
6.7. Innova hereby warns and reminds that excessive use of a PC, including play on a PC, can be harmful to the User’s health. The User or its legal representatives, trustee hereby agree to be responsible for controlling the state of his/her health and not to use the Services / restrict their use in case of any contraindications.
7. Intellectual Rights
7.1. The Rights Holder and Innova reserves intellectual property rights regarding the Game, its components, and results of intellectual activity posted by Innova at its sites such as texts, pictures, images, characters, characters’ names, character’s appearance and accessories, In-game items, multimedia materials, programming code and any other subject-matter of copyright.
Any derivative works based on the Game, its components, and parts can be created and produced upon Innova’s written consent.
7.2. All trademarks (service marks) or any other means of individualization (including corporate names, logos, and trade labels) that have been lawfully posted at Sites shall be owned by their lawful rights holders. All other rights that are not directly marked as owned by any third parties shall be owned by Innova or the lawful rights holders of such rights.
7.3. A character the User uses to get into the Game Process is an integral part of the Game and the User does not obtain and has no proprietary/exclusive rights over this character (characters). The User shall not hereunder be granted any exclusive rights to the intellectual property embodied in the Game, Game components such as characters, In-game items, or materials posted at Sites.
7.4. In order to protect its rights to the results of intellectual property, obtain statistical data, perform its obligations to the Right-Holder and the User, as well as in order to provide security (prevent "cracking", hacking, etc.) and correct work of the Game, software and soft hardware that may be necessary for the proper functioning of the Game, Innova shall be entitled to use technical facilities and methods of protection of the results of intellectual property, information, including by the Game Client (see Article 3.5 of the Agreement). Innova shall be entitled to obtain information about the geographic location of the User (country) in order to locate the User within or outside the Territory, about the computer he/she is using, and any computer components. The User can follow the link https://eu.4game.com/legal/4game/7 to find out more about Innova’s Privacy Policy.
7.5. Results of intellectual activity, the rights to which belong to third parties:
The following software product (computer program) was used in the creation of the Game, among others:
PostgreSQL Database Management System (BSD or MIT licenses)
Portions Copyright © 1996-2024, The PostgreSQL Global Development Group
Portions Copyright © 1994, The Regents of the University of California
Below are the terms of the Massachusetts Institute of Technology Open License (MIT License).
Permission to use, copy, modify, and distribute this software and its documentation for any purpose, without fee, and without a written agreement is hereby granted, provided that the above copyright notice and this paragraph and the following two paragraphs appear in all copies.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
7.7. Notice of Copyright or Trademark Infringement
We respond to notices of copyright infringement that meet the requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).
If you believe that your work has been used on the Site or in any other Services in a way that constitutes copyright infringement, please submit a Notice of Alleged Infringement (“DMCA Notice”) to us as follows:
Innova Co. S.à r.l.
Mailing Address: legal@inn.eu
Address: 16 RUE ERASME, L-1468 Luxembourg
Grand Duchy of Luxembourg
Attention: DMCA Takedown Notice
Please include all of the following in your DMCA Notice:
(i) a physical or electronic signature of the owner of the copyright at issue or a person authorized to act on their behalf;
(ii) a detailed description of the copyrighted work that you claim has been infringed;
(iii) the URL or a detailed description of where the material that you claim is infringing is located;
(iv) Your name, address, telephone number, and email address;
(v) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law; and
(vi) Your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
8. Miscellaneous
8.1. Applicable Legislation and Jurisdiction.
8.1.1. This Agreement shall be governed by the provisions of the Grand Duchy of Luxembourg without applying any conflict law principles. Innova and the User hereby consent that all disputes arising in relation to the Agreement shall be submitted to the referred the courts of Luxembourg City, the Grand Duchy of Luxembourg.
8.1.2. In case of disputes arising under this agreement, you and Innova agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally, using the following procedure.
8.1.3. If Innova has a dispute with you, it will send notice of that dispute to the email address you have provided to us. If you have a dispute with Innova that our customer service representatives can’t resolve and you wish to file a lawsuit in court, you must first notify us in writing at the following email address: legal@inn.eu. The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought.
This Notice of Dispute is a prerequisite to initiating any court proceedings.
8.1.4. FOR INDIVIDUALS BASED IN THE UNITED STATES OF AMERICA.
Class Action Waiver if you live in the United States.
To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate, you and Innova agree to only bring disputes in an individual capacity and shall not:
seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to this Agreement and its annexes.
8.1.5. The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.
8.2. No failure of Innova to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision and shall deny Innova the right to take the appropriate actions aimed at the protection of its rights later or be deemed as Innova’s waiver of its rights in case of any similar or equal breaches in the future.
8.3. Any other issues that are not stipulated herein shall be governed by the applicable legislation.
8.4. If any provision of this Agreement is to be ineffective or unenforceable, this shall not affect the effectiveness or enforceability of any other provisions hereof.
8.5. Innova shall be exempt from liability for any failure to fulfill their obligations or any part thereof if such failure has resulted from circumstances of insuperable force (Force Majeure), i.e. any circumstances of extraordinary nature that could not be avoided by the Parties under such conditions. Such circumstances shall, inter alia, include riots, resolutions of state authorities, natural disasters, fires, accidents, interruptions in power supply, global disruptions in the European or international segments of the Internet, failures of routing systems, failures of the distributed domain name system, failures caused by hacking and DDOS-attacks.
8.6. All notices and Information during the term of this Agreement may be sent by the User subject to the procedure as stipulated in Article 5.10 above. Such notices and information shall be sent by the User in English.
Any other method of sending Information or notices (statements, etc.) shall be deemed to be improper.
8.7. The User shall be entitled to terminate the Agreement under the following procedure:
— if the User wishes to withdraw from the Agreement (terminate the Agreement) within 14 days after entering into it he/she shall send a written notification on this to Innova. Such written notification shall be sent via support ticket in order to ensure prompt obtaining of it by Innova. The termination shall take effect on the same day of receiving this notification by Innova;
— if the User wishes to terminate the Agreement beyond 14 days after entering into it he/she shall send a written notification on this to Innova. Such written notification shall be sent via support ticket in order to ensure prompt obtaining of it by Innova. The termination shall take effect upon the expiry of 3-days period from the day of receiving this notification by Innova.
8.8. Innova reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most terminations of the Agreement are the result of violations of this Agreement.
In the event of a termination of this Agreement, any right you may have had to any purchased Services or In-game items are forfeited, and you agree and acknowledge that you are not entitled to any refund for any amounts which were paid on your Account prior to any termination of this Agreement unless otherwise provided by applicable law.
8.10. Innova shall be entitled to suspend the provision of the Services to the User in cases:
— investigation of In-game situations and events on suspicions of breaches of the Agreement/Game rules,
— request from governmental authorities, agencies, officers,
— claims of parents or other legal representative of minors,
— requests of payment agents related to possible fraudulent actions
In such case, no money shall be returned (refunded) to such User.
8.11. This Agreement including the Game Client software License Agreement as well as all other related documents and agreements (such as the 4game Terms of Use, Privacy Policy, etc.) may be amended and/or supplemented by Innova at any time during the term hereof. All amendments and/or supplements or new editions of the Agreement and the mentioned documents shall be posted by Innova at Innova’s sites and into effect upon the expiry of at least 3 calendar days after such posting unless another term or no term is stipulated in the Agreement.
The User shall be responsible for reviewing all amendments and/or supplements no less than once in 2 calendar days.
Should the User disagree with these changes, the User shall send a notice to Innova via a support ticket within 3 calendar days after posting such amendments and/or supplements. In such case, this Agreement shall be deemed to be terminated by the Parties as from the effective date of the new edition of the Agreement.
The User cannot continue the Game process unless he accepts amendments and/or supplements to the Agreement as well as all other related documents and agreements. If the User continues to use the Game Services after the expiry of the notice period for the amendments/supplements/new edition of the Agreement with no objections this is considered as full and unconditional acceptance of these amendments/supplements/new edition of the document.
In case of any promotion (advertising actions) during which Users are provided In-game benefits, bonuses, and privileges, provisions that are different from this document may be applied without a prior written notification to the User. However, the User reserves the right to send a notice to Innova subject to the procedure stipulated in Article 8.7. above within 3 calendar days after such provisions’ introduction. In such case, this Agreement shall be deemed to be terminated by the Parties as from the date of receipt of such notice by Innova from the User.
8.12. Innova shall be entitled to assign its rights and obligations hereunder to any third parties or charge any third parties with the provision of Services or any part thereof (for example, payment collection).
8.13. This Agreement shall be effective during 6 (Six) months after its coming into force or until the date of termination of the Game Client License Agreement or 4game application or 4game Center with the User, whichever is earlier. If 5 (Five) days prior to the expiry of the above period neither Party has confirmed its termination, this Agreement shall be deemed to be extended for the same term.
This Agreement shall be deemed to be terminated by the User since the termination of his/her rights to the use of the Client and/or 4game application and/or 4game Center.
8.14. You must comply with all applicable domestic and international export laws and regulations (which may be amended from time to time) that apply to the Services.
You represent and warrant that you are not included on any E.U. or U.S. list of prohibited or restricted parties. If you are located in the country subject to a comprehensive E.U. or U.S. sanction or embargo, your use of the Services must comply with E.U. and U.S. laws and must not cause Innova to be in violation of such laws.
9. Address
Innova Co. S.à r.l. 16 RUE ERASME, L-1468 Luxembourg
Email: innova@inn.eu
Annex 1 to the Skyforge User and License Agreement
Game Rules
1. General Provisions
1.1. Official website of the Game — https://eu.4game.com/ .
1.2. Communication language when using the Game service: English.
1.3. In the "Legal Information" section of the Website and/or another section located on the Website, Innova posts a document containing a list of violations and sanctions in the Game. Committing acts specified in the said document means a violation of these Rules. Violations and sanctions for the Game posted on the Website are an integral part of the Rules.
2. Scope of the present Rules
2.1. This document sets forth the rules that must be followed in order to use the Game and participate in the Gaming process.
2.2. Innova provides the User with the opportunity to use the Game at any time, except for scheduled maintenance periods and/or in case of other circumstances that may prevent the User from accessing the Game.
3. General Terms
3.1. For the proper use of the Service the User is advised to meet the technical requirements/specifications posted at https://eu.4game.com/legal/4game/120/ .
Testing the mode of an operational system on the User’s PC or another mode different from the standard one may prevent the User from using the Game Service.
3.2. The Game does not provide for monetary winnings, prizes, payments, or any form of material rewards.
3.3. The Game process is designed and proceeds according to the general scenario (gameplay) determined by the Rights Holder.
3.4. All basic indicators, coefficients, and percentages ratios (including odds) provided by the game mechanics are determined by the Rights Holder and are considered confidential information.
3.5. Innova does not return In-game items that were lost or wasted through the User’s loss of his/her account access, fraudulent or negligent actions of other Users or any third parties.
However, Innova has the right, at its discretion, to return In-game items lost through crack or hacking, fraud, etc.
3.6. Innova does not exchange In-game currency and/or other items for real money or other material equivalent. Such exchange between Users is strictly prohibited.
3.7. The User shall be solely responsible for the purchase of fee-based Services intended for a longer period than the term of the Agreement. Innova shall not refund any payment in case of termination or termination of the Agreement earlier than the end of the term of such fee-based Service.
4. Rights and Obligations of the User
4.1. The User is to choose a character nickname that will identify him/her among other Users.
4.2. The User has a right to change his/her password. The User is to secure the confidentiality of his/her password and of other necessary data and is consequently responsible for the loss and disclosure of his/her password, as well as risks (losses) related to it. Sharing of 4game accounts or the Game access is strictly prohibited.
4.3. The User has the right to create no more than one character unless otherwise stipulated by the Game scenario or the terms and conditions of fee-based Services.
4.4. If the User needs to take some action related to his/her participation in the Game process, he/she is obliged to make sure that he/she enters into legal relations with the authorized representative of Innova.
4.5. The User does not have a right to "resell" to third parties the provided Services by Innova (including In-game items, Premium Account, etc.) or transfer them for getting any benefits in contrary to the Game scenario and to gain any other advantage from it.
4.6. The User does not have a right to disseminate information related to illegal access to the Game characters, as well as distribute links to the websites or other resources containing such information.
4.7. The User is obliged to treat with respect all other Users and the Innova, meaning:
• not to use swear words;
• not to threaten with harm and physical violence;
• not to promote information rejecting or expressing hate towards some religion, culture, race, nation, people, language, politics, ideology, or social movement;
• not to promote directly or indirectly porn sites, drugs, and resources containing such information, as well as making other similar actions.
4.8. The User is forbidden to disseminate false information (gossip, slander) about the Game Services, Innova, the Rights Holder, members of Innova and other Users. It’s forbidden to use words related to Innova in character names/game class names or pretend to be an authorized representative of Innova.
4.9. While chatting in the Game, it’s forbidden to send a message containing the same text continuously. Sending is possible not more often than once in a minute.
4.10. The User does not have a right to restrict the access of other Users to the Game or prevent other Users from using the Game.
4.11. The User agrees not to transmit any information or software that contains viruses or other harmful components, as well as to perform any actions forbidden under the EU legislation.
4.12. The User is forbidden to place information of an advertising nature at Innova’s resources (Sites).
4.13. The User is forbidden to use In-game items and/or the Game advantages received as a result of a violation of the present Rules by third parties (Users).
4.14. The User is forbidden to reveal/disclose any information concerning another User.
4.15. It is forbidden to sell, buy, transfer, get the Account information that is required for getting access to the Game.
4.16. It is forbidden to create or/and to join game classes inspired by any race, sex, ethical, or anti-religious beliefs.
4.17. It is forbidden to create a character/ game class name containing swear or/and provocative words.
4.18. It is forbidden to use software emulating the player’s presence in the Game, replacing the present Game Client – a basic client accepted by Innova, or disturbing the normal functioning of the server software.
4.19. It is forbidden to crack, to make an attempted crack and/or try to intercept server data.
5. Rights and obligations of Innova
5.1. Innova shall not be liable to the User for the actions of other users in the Game.
5.2. As part of the workflow, Innova representatives have the right to perform actions to change the location of the character in the Game (teleportation).
5.3. Innova has the right to seize in-game items from the User if they were obtained in violation of these Rules or were used in actions associated with the violation of these Rules.
5.4. Sanctions are applied in accordance with the list of Violations and Sanctions.
5.5. Innova has the right to supplement and/or amend these Game Rules (as well as the Game Rules and annexes to the Game Rules) without prior notice.
Annex 2 to the Skyforge User and License Agreement
Skyforge Game Client License Agreement
This License Agreement (hereinafter referred to as the “License Agreement”) shall be a document entered into by and between you as a natural person — lawful buyer of a software copy (hereinafter referred to as the “User”) and Innova Co. S.à r.l. (hereinafter referred to as “Innova”) in relation to the “Game Client” software as defined in Section 2 «Definitions» of the Skyforge User and License Agreement (hereinafter referred to as the “Client”). By installing (copying into computer memory) the Client or otherwise lawfully using the Program, you hereby assume the provisions hereof. The terms of this Agreement may only be accepted by you in full, without any reserves.
1. General Provisions
1.1. All the terms used in this License Agreement are defined in accordance with the Agreement.
1.2. All exclusive rights, the title to the Game and/or any parts thereof including (but not limited to) the title to the text, images, multimedia materials, program codes or any other copyright objects shall be owned by Music Guru LLC, USA (hereinafter referred to as the “Rights Holder”).
The rights to use the Game in the Territory under the License Agreement are owned by Innova.
All rights to the Game, any components of the Game including the Client shall be protected by the legislation of the Grand Duchy of Luxembourg and international treaties (agreements).
1.3. All rights that are not directly provided hereunder shall be retained by Innova and/or Rights Holder.
Your use of the Game is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Game is being transferred or assigned and this Agreement should not be construed as a sale of any rights.
1.4. This License Agreement shall come into effect since its acceptance by the User by checking the box “Next” or “I accept all terms of the User and License Agreement” or a similar button while installing the Game Client Software.
In case of refusal to accept the terms hereof (by pressing the Cancel/No button), this License Agreement shall be deemed to be unconcluded, and shall not be entitled to use the Game Client.
1.5. Any rights hereunder or any part thereof may not be assigned by the User to any third parties.
Innova shall be entitled to assign its obligations hereunder to any third parties without the prior written consent of the User.
1.6. User Support. Innova shall not be obliged to provide support to the User and shall not warrant that any failures or defects of the Client will be repaired.
1.7. Game Client Technical Protection Facilities. In order to protect its title to the results of intellectual property, obtain technical data, perform its obligations to the Rights Holder and User, and in order to provide security (prevent “cracking”, hacking, etc.) and correct operation of the Game and Game Client as well as software and soft hardware that may be necessary for the proper functioning of the Game, Innova shall be entitled to use any technical facilities or methods of protection of the intellectual activity results or information. Innova shall be entitled to obtain information about the geographic location of the User (country) in order to locate the User (within or beyond the Territory), about the employed computer or any parts thereof, etc.
The User hereby warrants that they will not perform any acts aimed at removing any restrictions on its use that may be set via the application of the above technical facilities and methods of protection of the intellectual rights of Innova.
1.8. 4game shall provide for, and is part of the operating procedure of reproduction in computer memory (installation) of the Game Client, undergoing the registration procedure and entering into an appropriate user agreement with Innova, access to the 4game account of the User, as well as access to the Games’ Game Process.
2. License Terms and Conditions
2.1. By virtue of this License Agreement, the User shall be provided at no charge:
• the right to install (copy in computer memory) the Client on one computer of the User, including download and running;
• the right to launch the Client only for the Game operation in order to buy services of an entertaining nature (participation in the Game Process) by the User personally.
2.2. The license to the Client shall be indivisible, non-exclusive, revocable, non-transferable and non-sublicensable.
2.3. The license to the Client shall also apply to any updates, add-ons, any extra components that may be provided or the access whereto may be provided by Innova as well as by any of their partners or counterparties in the course of using the Client by the User, unless the right to use any such updates, add-ons or extra components shall be transferred subject to any separate agreements.
3. License Restrictions
3.1. It shall be prohibited to:
• install or use one copy of the Client on two or more computers, a computer with multiple terminal access operating in a time-shared mode;
• modify, adapt, translate, change or create any derivatives based on the Client or any element thereof (including the audiovisual sequence and source code), including translation, or localization;
• remove any signs and/or information including the signs of intellectual rights protection, any individualization facilities;
• copy (reproduce) the Client, except for the cases that are directly stipulated herein;
• divide (disassembly) and decompile the Client and/or any elements thereof into components;
• reverse engineer or otherwise try to extract the source code of the Client, introduce any changes into the source code, change the functionality of the Client;
• distribute, sophisticate, sell, sublicense, rent, lease loan, pledge, commercialize or use the Game, the Game Client in any other way whatsoever (including without commercial benefit) that is not listed in Clause 2.1 above;
• use in conjunction with any software (including any software emulating the presence of a player in the Game or disturbing the normal functioning of the Game’s software) that is not approved by Innova.
3.2. This license applies to the territory according to clause 1.6 of the Skyforge User and License Agreement.
3.3. This License Agreement shall not provide to the User the right to:
• any elements (parts, components) of the Client, including any photographs, pictures, graphics, animation, sounds, soundtracks or video clips. The User shall not be entitled to use any such elements for any purposes other than in using the Client in accordance with clause 2.1 above;
• any elements of the Game, except the Client, the Game. In order to operate the Game and access any services of an entertaining nature, the User shall enter into a separate agreement with Innova subject to the terms and conditions as set forth on 4game;
• individualization facilities of any persons, goods, works, or services, including any logos, trademarks, service marks, and corporate names;
• any software other than the Game Client.
3.4. Term of the license. The term of this License Agreement shall be 6 months from the date of its conclusion. This License Agreement shall be automatically extended for the same period of time unless either party announces the confirmation of its termination.
4. Termination of the License Agreement
4.1. This License Agreement shall be effective during 6 (Six) months after its coming into force or until the date of termination of the Agreement relating to the Game or 4game Terms of Use, whichever is earlier. If 5 (Five) days prior to the expiry of the above period neither Party has confirmed its termination, this License Agreement shall be deemed to be extended for the same term.
This License Agreement shall be deemed to be terminated by the User since the termination of his/her rights to the use 4game application or 4game Center.
4.2. The User shall be entitled at any time to unilaterally terminate this License Agreement by removing the Client (any archive copies thereof) from computer memory.
4.3. Innova shall be entitled to unilaterally and extrajudicially repudiate this License Agreement or any part thereof without the prior written notice of the User, including in case of any breach by the User of the Agreement or any other agreements they may enter into with Innova.
4.4. Innova shall be entitled to suspend the provision of services of an entertaining nature for the obtainment whereof this license is granted, by blocking (removing) the account and/or 4game account of the User. From the date of such blocking, this License Agreement shall be deemed to be terminated.
4.5. This License Agreement may be amended as specified in Section 8.11. of the Agreement.
4.6. Irrespective of the reasons for such termination (repudiation) hereof, the User shall immediately remove the Client (any archive copies thereof) from computer memory.
4.7. This License Agreement is governed by and shall be construed and enforced under the laws of The Grand Duchy of Luxembourg, without applying any conflicts of law principles that would require the application of the law of any other jurisdiction. Innova and the User each hereby irrevocably consent to the jurisdiction of the courts of The Grand Duchy of Luxembourg for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the state courts of Luxembourg City, the Grand Duchy of Luxembourg.
5. Warranties. Liability
5.1. The User hereby agrees that the client shall be provided “as is”. The user shall fully accept the risk of consequences of using the client, including its interaction with any other software that may be installed on the user’s computer, and agree that the result of using the client may fail to meet the user’s expectations.
5.2. Innova, Rights Holder, as well as any partners or counterparties of Innova, shall not be liable for any damage or losses (including, but not limited to any lost profit, losses resulting from the loss of any confidential or any other information, interruptions in participation in the Game Process) that may occur due to the use or impossibility to use the Client, including in case of any failure in program operation, even if the User has sent a notice on the possible emergence of any such damage and/or losses.
Innova, Rights Holder, as well as any partners or counterparties of Innova shall be not liable to any persons for the unlawful acts of any third parties, short-term technical deficiencies, or failures of equipment which may be applied for using the Client.
6. Miscellaneous
The terms of Section 8 of the Skyforge User and License Agreement shall apply to this Skyforge Game Client License Agreement to the extent not inconsistent with the terms of this Annex.
7. Contact Information
For any details of this License Agreement and/or using the Game Client, you may apply at the following address:
Innova Co. S.à r.l. 16 RUE ERASME, L-1468 Luxembourg
e-mail: innova@inn.eu