Skyforge User and License Agreement for Consoles

Skyforge User and License Agreement for Consoles

Version October 1, 2024

This User and License Agreement (the “Agreement”) governs the relationship between you and Innova Co. S.à r.l. (“Innova” or "We"), with its place of business in the Grand Duchy of Luxembourg regarding your use of the Game Skyforge for consoles and related services.

Please read this Agreement carefully and make sure that all the provisions are clear to you before you check “I accept the User and License Agreement” box and click the “Next” button.

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.

This 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.

If you disagree with the terms hereof, please decline to continue the installation (copying) of the Game by clicking the Cancel/No button. In such case, this License Agreement is considered unconcluded and the User shall not be entitled to use the Game.

By installing the Game or otherwise lawfully using the Game, you hereby assume the provisions hereof. The terms of this Agreement may only be accepted by you in full, without any reserves.

1. Definitions

1.1. “Account” means a personal account created by the User on a Third-Party Platform, containing statistical, accounting, and other information that is necessary for the User to identify the User in the Game on such Platform. The terms and conditions of the creation and operation of the Account are governed by the rules of the relevant Platform.

The User is responsible for the confidentiality of his/her Account. Innova shall not be responsible for the User’s failure to ensure the confidentiality of his/her Account as well as for any fraudulent actions to get the Users’ account data and consequences of such fraudulent actions.

1.2. “Agreement” means this document, including any Annexes hereto, and any information posted by Innova on the Website and/or on the Third-Party Platforms 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.

Depending on the rules of the relevant Platform, the User accepts this Agreement when uploading, or downloading the Game through such Third-Party Platform or by other means, including by visiting the Website via the link https://eu.4game.com/legal/skyforge/248/.

1.3. «Device» means a console from which the User downloads the Game or accesses the Game. 

1.4. “Game” means a massively multiplayer online game called Skyforge for consoles. The genre of the Game is fantasy. The Game is based on a free-to-play model. Fee-based additional features, In-game items, and packs (the “Paid Services”) are available but not obligatory for Users and may be gotten at the User’s discretion. 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 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, scenario of the Game and separate parts thereof; fonts, audio, video, interfaces, technical copyright protection facility, etc.

1.5. “Game Client” means the software required for launching the Game. The Game Client can be downloaded from the Third-Party Platform.

1.6. “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.

1.7. “In-game Items” means any virtual currency, goods, boosts, effects, in-game features 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 a digital store of the applicable Platform, earned, or otherwise acquired through the Game Process.

1.8. “Paid Services“ means Premium Account Service, In-game items, In-game packs (a set/package/box of In-game items), listed on the Games page of the relevant Platform as paid. 

Premium Account Service (PA) which gives the User additional In-game features. Premium Account Services are provided on a daily basis (1-day PA, 7-day PA etc. depends of particular game project), or monthly basis (1-month PA, 2-month PA etc.). 1 month is equal to 30 days regardless of calendar month duration. 

Other Paid Services such as particular In-game items, In-game packs. Innova uses the best efforts to keep components of the In-game pack as they were described at the moment of purchase. However, the items in the pack can be substituted by similar items (in terms of the item purpose, game qualities, and other criteria) because of the Game updates. Every particular item in the pack is always a component (part) of this pack and the User may not buy this particular In-game item from the pack separately (except the cases where the same item is available in the digital store of the relevant Platform independently, not as a part of a pack).

1.9. “Services” or “Game Services” means the provision of access to and use of the Game, content, and other services offered by Innova, such as game software and related updates, and features, as well as Paid Services such as paid In-game Items. 

Innova does not provide Internet access and the User is responsible for all fees in respect of the Internet connection, his/her Device and related communication equipment.

1.10. «Rights Holder» means a company that owns the exclusive rights to the Game. The Rights Holder under this Agreement is Music Guru LLC.

1.11. «Territory» means the territory where the Services are available to the User through the applicable Third-Party Platform.

1.12. «Third-Party Platform» or «Platform» means an online digital distribution store through which the Game is made available to the User. Platforms include, but are not limited to PlayStation Store, Nintendo eShop, Xbox Games Store. This list may change from time to time.

1.13. “User” means an individual (natural person) entered into this Agreement with Innova by joining it unconditionally, provided that he/she has consented to the Privacy Policy.

1.14. “Website” means Innova's website located currently at https://eu.4game.com/ , all domains of further levels, that are related to the sites. Use of the Website service is subject to separate agreements, available at https://eu.4game.com/legal/4game/ .

2. General Provisions

2.1. This Agreement applies to the Game, which is available for upload and download on Third-Party Platforms.

Please note that the use of the Game available for download in the 4game application is governed by separate terms and conditions of the 4game application.

In connection with the User uploading or accessing the Game through a Third-Party Platform, the User undertakes to familiarize themselves with and comply with the terms and conditions of use of such Platform, which provide for certain additional requirements applicable to downloading the Game through such Platform, its installation, use, as well as regarding payments for Paid Services.

2.2. Users under the age of 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 representative directly (by phone, e-mail). For the period of getting the mentioned information, the Services can be suspended.

ESRB, PEGI or other similar age 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.

2.3. 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.

2.4. Processing and protection of User’s sensitive information is carried out under the Privacy Policy. It is available on the Website at the link https://eu.4game.com/legal/skyforge/249/ and/or posted on the Third-Party Platform, through which you download the Game, including through a link to the Website. 

2.5. 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, chats, equipment, updating of the Game, actions of a Third-Party Platform.

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. 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.

2.6. Innova shall not be obliged to provide support to the User and shall not warrant that any failures or defects of the Game will be repaired.

3. License Terms and Conditions 

3.1. Innova hereby grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access and use one copy of the Game, including the right to install (copy into device memory) the Game Client on one device of the User, including download and launch the Game for your personal, non-commercial entertainment purposes.

3.2. The license 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 Game by the User, unless the right to use any such updates, add-ons or extra components shall be transferred subject to any separate agreements.

3.3. 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.

3.4. 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.

3.5. The Game license is granted subject to the User's compliance with this Agreement and all related agreements.

3.6. License Restrictions

It shall be prohibited to:

• install or use one copy of the Game Client on two or more Devices; 

• modify, adapt, translate, change, or create any derivatives based on the Game 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 Game, including the Game Client, except for the cases that are directly stipulated herein; 

• divide (disassembly) and decompile the Game Client and/or any elements thereof into components; 

• reverse engineer or otherwise try to extract the source code of the Game, introduce any changes into the source code, change the functionality of the Game Client; 

• distribute, sophisticate, sell, sublicense, rent, lease loan, pledge, commercialize, or use the Game in any other way whatsoever (including without commercial benefit) that is not listed in Clause 3.1 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.

3.7. The User has the right to use the Game, Services in order to participate in the Game Process. This License Agreement shall not provide to the User the right to:

• any elements (parts, components) of the Game, including any photographs, pictures, graphics, animation, sounds, soundtracks, or video clips. The User shall not be entitled to use any such elements for any purpose other than to participate in the Game Process; 

• 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.

3.8. 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. Paid Services. Payments and Refunds

4.1. Paid services are provided by Innova in exchange for payments made by the User through the digital store of the Third-Party Platforms.

4.2. The Paid Services are not provided on physical media or in any tangible form. The only way how they can be provided is their provision within Game Process. These services are not obligatory for the User, the User orders, purchases and uses such paid services at his/her discretion.

4.3. The User can find information about the Paid Services on the Game page on the Third-Party Platform/in the digital stores of the Third-Party Platforms.

Innova reserves the rights to change the Paid Services and fees. A change of fees of the Paid Services does not mean that the User who has already paid for the Paid Service is obligated to pay the difference if the fee increases, and is not entitled to a refund if the fee decreases.

Duration of usage of the Paid Services starts, continues, and ends regardless of the User’s presence in the Game or logging in, unless otherwise definitely indicated in the description. The reason for User’s absence in the Game process may not be a ground for the prolongation of the duration or a refund.

4.4. Please note that the fee for the Paid Services is transferred to the Third-Party Platform through which you use the Game and all purchases are subject to the terms and conditions of the Platform. 

For this reason, Innova does not provide refunds for purchased the Paid Services. Purchases made through Nintendo, PlayStation, Xbox are subject to the relevant Platform’s refund policy. The User should contact the Platform for a refund of the purchase.

4.5. The terms of this clause are in addition to the refund policies set forth by the applicable Platform. All payments under this Agreement are final and non-refundable except in cases expressly provided for by applicable law.

IN ADDITION, NO REFUNDS WILL BE MADE:

a) IF THE USER IS DISSATISFIED WITH THE GAME;

b) IF THE GAME DOES NOT MEET THE USER'S EXPECTATIONS;

c) IF THIS AGREEMENT HAS BEEN TERMINATED/SUSPENDED AND THE GAME LICENSE HAS BEEN REVOKED DUE TO THE USER'S VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE GAME RULES;

d) IF THE USER HAS LOST ACCESS TO HIS/HER ACCOUNT IN THE GAME; 

e) IF THE USER HAS LOST HIS/HER GAME CHARACTER AND/OR GAME PROGRESS.

The User loses the right a refund from the moment the In-game item has started and the item has been made available to the User by displaying it in the User's account, regardless of whether the User has used his/her rights to the In-game item in the game or not.

5. Rights and Obligations

5.1. Innova’s Rights and Obligations

• Innova hereby agrees to keep confidential any data of the User, except for the cases stipulated by the applicable legislation.

• Innova reserves the right to take any measures that do not contradict the applicable legislation to restrict or block access to the 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.

• Innova does not pre-moderate content posted by Users on the Website 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, results of intellectual activity that may be posted at the Website, including by Users.

• 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. 

• Innova provides support and assistance via support tools located at: eu.support@4game.com 

• Innova is entitled to enforce and apply Game penalties and sanctions described in the Violations and Penalties (Annex 2 to the Agreement) to the User who breaches the Agreement, including but to limited to the Game Rules).

• 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 on the User by Innova at any time in the course of the promotional events.

5.2. Rights and Obligations of the User

• The User shall have the right to use the Services for personal non-commercial purposes only.

• At all times during the 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: submitting support tickets, emails, letters, statements, etc.). The User acknowledges that he/she understands that by providing the information contrary to the requirement of this clause, he/she commits a material breach of the Agreement and his/her obligations.

• The User shall abide by the Game Rules subject to Annex No. 1 hereto, and fulfill any other Innova’s requirements for participation in the Game Process. 

• The User shall respect the intellectual rights of Innova and the Rights Holder as specified in Section 7 below. The User shall conform to Clause 7.5. of this Agreement. 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 the Game.

• The User shall be responsible for ensuring non-disclosure (confidentiality) of the data stored in his/her account in the Game and bear liability for any failure to keep confidential and disclose in any way his/her account data.

• The User may agree to receive advertisement messages from Innova and/or review ads in the course of the use of the Services. Innova may inform Users about news, activities, and promotional events of the Game via email and/or through the Website.

• 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: eu.support@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. 

• When addressing a request to the support team, the User shall identify himself or herself and 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. The support team shall be entitled to request from the User additional data and information necessary to resolve the request.

• The support team shall send a response to the User within 10 days of receiving the user’s request and providing all information necessary to review the request. This period may be extended depending on the nature of the issue, which shall be additionally notified to the User.

5.3. In the process 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 the Game, including any software that is the 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 the Game and 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 at the Website, 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;

• 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; 

• perform any actions aimed at infliction of damage on the Website, obtainment of unauthorized possibilities (access) to the Website; 

• make any attempts or threats mentioned above.

Any of the above actions shall be deemed a material breach of the Agreement and the User’s obligations.

6. Disclaimers

The User understands and agrees that:

6.1 The user shall use the Game and the Services at his/her own risk. The Game shall be provided on an “as is” basis. The User shall fully accept the risk of consequences of using the Game.

6.2 Innova does not warrant that:

• the Game/the Service will satisfy the User’s needs; 

• the Game/the Service will be provided uninterrupted, fast, reliable, and error-free; 

• the results that may be received by using the Game/the Service will be precise and reliable; 

• the quality of any information, data, pictures, etc. posted at the Game 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:

• the use or failure to use 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; 

- the actions of any third party in the Game, on the Website, or on any Third-Party Platforms;

- short-term technical deficiencies or failures of equipment that may be applied for using the Game.

6.4. No data or information posted at the Game or on the Website 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.

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, or interruptions in participation in the Game Process) that may occur due to the use or impossibility to use the Game, 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.

6.6. Except 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 use of the Game, the Services, the Website and/or materials on the Website and/or in the Game, third parties’ actions related to the Game, 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 playing on the Devices may 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. All exclusive rights 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 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 Game Client shall be protected by the legislation of the Grand Duchy of Luxembourg and international treaties (agreements).

7.2. The Rights Holder and Innova reserves intellectual property rights regarding the Game, Website, its components, and results of intellectual activity 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.

7.3. All trademarks (service marks) or any other means of individualization (including corporate names, logos, and trade labels) that have been lawfully posted on the Website 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.

7.4. 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 the Website.

7.5. 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. 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 Device he/she is using, and any Device components. 

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.

7.6. 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 procedure set forth in clause 8.1.3. of the Agreement.

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 USERS BASED IN THE EUROPEAN UNION.

If you are a consumer residing in the European Union and we are unable to resolve your issue, you have the option to submit a complaint through the ODR-platform. The ODR-platform is accessible via https://ec.europa.eu/consumers/odr/.

8.1.5. FOR USERS 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.

8.1.6. 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 clause 8.1.3 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 in 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.

The User may unilaterally terminate this License Agreement at any time by removing the Game Client (and any archive copies thereof) from the Device memory.

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 such as digital currency, weapons, armor, skins, etc., 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 as well as all other related documents and agreements (such as the 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 in the Game and shall become effective upon the expiration of at least 3 calendar days after such posting unless another term or no term is stipulated in the Agreement. 

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 prior written notification to the User. However, the User reserves the right to send a notice to Innova subject to the procedure stipulated in clause 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. 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 Game.

Irrespective of the reasons for such termination (repudiation) hereof, the User shall immediately remove the Game Client (any archive copies thereof) from the Device.

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. Contact Information

For any details of this Agreement and/or using the Game, you may apply at the following address:

Innova Co. S.à r.l. 16 RUE ERASME, L-1468 Luxembourg 

e-mail: innova@inn.eu

Annex 1 to the Skyforge User and License Agreement 

Game Rules

1. General Provisions

1.1. Communication language when using the Game service: English.

1.2. The section “Violations and Fines” is an integral part of the Agreement.

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, with the exception of scheduled maintenance periods, actions of a Third-Party Platform, and/or in case of other circumstances that may prevent the User from accessing the Game. 

3. General Terms

3.1. The Game does not provide for monetary winnings, prizes, payments, or any form of material rewards.

3.2. The Game process is designed and proceeds according to the general scenario (gameplay) determined by the Rights Holder.

3.3. 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.

3.4. 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.

3.5. Innova does not exchange In-game currency and/or other items for real money or other material equivalent. Such exchanges between Users are strictly prohibited unless otherwise specified in the rules of the applicable Third-Party Platform.

3.6. The User shall be solely responsible for the purchase of Paid Services intended for a longer period than the term of the Agreement. 

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 is to secure the confidentiality of his/her Account and of other necessary data and is consequently responsible for the loss and disclosure of his/her password to the Account, as well as risks (losses) related to it. 

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 the Paid 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, 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 advertisement in the Game.

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 names 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 the Innova, or to disturb 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 Annex 2 to the Agreement (Skyforge 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 Violations and Penalties

1. General Provisions

The kind and duration of imposed sanction for a particular violation shall be defined by Innova solely. The decision is made by Innova taking into consideration certain circumstances of the committed violation (submission of claims by other Users in respect of this violation, repeated commission, degree of danger etc.). At its own discretion, Innova may apply a lesser sanction or reduce the period of the specified blocking in respect of the User's character/ the Game blocking.

All the listed violations committed in respect of Innova’s representatives (such as support team specialists, and other employees) are punished with character/ the Game blocking (from 7 days to permanent blocking).

In-game items, including game currency, involved in a violation can be seized and deals with such items can be canceled.

From the moment a violation is discovered Innova is entitled to carry out a rollback of the Game actions that is to restore the game situation that existed before the violation.

In cases of suspicions of violations and investigation of violations, Innova is entitled to apply temporary technical blocking of the involved character/ the Game blocking and/or seizure of In-game items, including game currency, involved in the supposed violation to investigate the circumstances of the violation or loss of In-game valuables. The period of such blocking and seizure can be up to 14 days.

Innova is not obliged to provide any proof regarding the relevance of the application of any sanctions in case Users breach the Skyforge User and License Agreement or any separate Annexes to the Agreement.

The Game blocking in accordance with the text of this document means blocking access to the Game and blocking its use on the account of the applicable Platform.

2. List of Violations

The absence of any game violation in this document does not mean that Innova cannot impose sanctions for committing such game violations.

1. Use of swear words and insults

2. Pretending to be related to the Administration (Innova)

3. Threats

4. Propaganda

5. Promotion

6. Use of game errors (bugs)

7. Use of third-party software (cheating)

8. Selling and buying of In-game items

3. PRECEDENTS

(LIST OF IDENTIFIED GAME ERRORS PROHIBITED FOR USE*)

*This list is not complete and will be updated by Innova as soon as certain errors (deficiencies) of the Game are identified that interfere with the normal functioning and conduct of the Game process. The absence of Game errors prohibited for use in this section does not mean that Innova cannot apply sanctions for the use of Game errors not specified in such a section.