License agreement

IMPORTANT NOTICE! SUBJECT YOU USE THE GAME IN ANY WAY AND/OR YOU ARE A GAMEPLAY PARTICIPANT HEREBY YOU ACCEPT THE PRESENT LICENSE AGGREMENT, ACKNOWLEDGE AND AGREE WITH ALL ITS TERMS AND CONDITIONS WITHOUT ANY RESTRICTION.

The present license agreement (hereinafter the “Agreement”) governs the relations between the Sole-Entrepreneur “Stankevich Konstantin Gennadyevich” (TIN:72151959283, OGRN: 317774600436346), hereinafter referred to as “Licensor” and You, the Game Licensee (hereinafter the «Licensee»), in respect of the Game.

1. Terms and definitions of the present Agreement

   1. Game — an interactive computer on-line Game, being part of a computer program, including the front-end of the Game and the Game Resources, inclusive of all Game extras and updates, and the Game back-end program software. Game service and operation, as well as authorization of Licensees for the Game is the exclusive right of the Licensor. Participation of Licensees in the Game is interactive (online), by way of the Game front-end launching on the Licensee’s PC and Licensee’s connection via the World Wide Web to the Game Resources of the Licensor. Game operation is based on the common Free-To-Play model (“free Game”), so the Licensee is granted the right to use the Game by way of participation in the Game without any license fee or any other obligatory payment, required for participation in the Game and/or the gameplay progress. The Licensor is the owner of the required scope of rights for the Game and all of its elements, both separate and in total. The Licensor is of right to use, operate and distribute the Game on the related territories, where he provides for its use, operation and distribution.
   2. Game Web Site — Web Site at the following URL https://domaxpoker.com, providing the Licensee with access to the Licensor’s resources, including the Licensee’s participation in the Game. Licensor displays the data mandatory for Licensees, on the Web Site of the Game.
   3. Game Resources (Resources) — all servers, any program software and/or databases, related to the Game , inclusively those in the https://domaxpoker.com domain and their subdomains.
   4. Licensor — the sole Entrepreneur “Stankevich Konstantion Gennadyevich”, providing Licensees with right to use the Game under conditions of non-exclusive license and executing publishing, distribution, operation, service and administration of the Game. As per the present Agreement Licensor provides the Licensees with right to use the Game. Licensor is a Party under the present Agreement.
   5. Licensee — a physical person, competent to sign the present Agreement, being a Game player, allowed to use the Game under the present Agreement within the limits, stipulated by the present Agreement. Licensee is a Party under the present Agreement.
   6. Assignment of right to use the Game — Licensor’s provision to the Licensee of right to use the Game, as well as of access to Game Resources, including the right for its computer playback, access to participation in the Game, use of its features under conditions and in order, stipulated by the present Agreement and the standard Game operation mode. Licensor grants the Licensees right to use the Game, on a fee-free basis, except for Game provision on a subscription bases, foreseen by the present Agreement.
   7. Frontend of the Game — program software, required for Licensee’s participation in the Game, to be launched on the Licensee’s PC. Frontend of the Game can be distributed by the Licensor and/or his authorized persons both via the Internet and on the tangible media. Frontend of the Game, distributed via the Internet network, is granted to the Licensee free of charge, subject the present Agreement does not state the other. Game frontend copies, distributed in tangible media, can be available to the Licensee for value.
   8. License Agreement — text of the present Agreement between the Licensor and the Licensee, containing all required and essential terms of the license agreement for provision of right to use the Game, as a computer program. Annex and an integral part of the present Agreement are the Rules of the Game, the Rules of the Forum, as well as other documents, referred to in the present Agreement.
   9. Rules of the Game (Rules) — Annexes to the License Agreement, placed in the Internet network at the URL https://domaxpoker.com/help#rules, regulating the rules of participation and conduct of the Licensee in the Game, restrictions of Licensee’s actions in the Game, as well as Licensee’s liability for non-execution of such Rules and omission to observe the restrictions, right of the Licensor to apply to the Licensee measures defined by the present Agreement and application conditions of such measures. Rules of the Game can be changed by the Licensor at any time without prior notification of the Licensee. Licensor notifies the Licensee of such measures by hosting of data on the Game Web Site. Subject the Licensee continues playing the Game upon changes of Rules of the Game, he accepts the effected changes.

2. Accession to the present Agreement

   1. Before entering the Game, the Licensee undertakes to study the present Agreement, as well as all Rules and other documents, applicable to the Game, hosted for free access on the account registration page (account) in the Internet network at the URL: https://domaxpoker.com.
   2. After filling on the mandatory fields and acknowledgement of the Agreement, the Licensee accesses (accepts) the present Agreement, by pressing the button “Register” or the analogues one, which is by implication of articles 435 and 438 of the Civil Code of the RF is an acknowledgment (acceptance) of the Licensor offer and equally signing of agreement bringing the Licensee liability to respect the terms of the Agreement, including Rules applicable to the Game. Actual use of the Game is also acceptance of the present Agreement.

3. Scope of agreement

   1. Under the present Agreement and subject the Licensee respects its related terms the Licensor provides the Licensee based on ordinary non-exclusive license with right to use the Game, both the software and /or the database, including access to participation in the Game, in scope defined by the present Agreement.

4. Limits if use of the Game

   1. Licensee is of right to use the Game as follows:
      1. Participate in the Game through creation of personal account and game character and change the Game content in the course of such participation with respect of the Rules of the Game;
      2. Play the Game frontend by way of its start in his PC in order to participate in the Game;
   2. Licensee is not in a position to:
      1. Distribute for commercial or non-commercial purposes the frontend of the Game or its copy, both through distribution of tangible media and its hosting to the Internet network for further download by selected individuals or the general public;
      2. Translate the Game to other languages;
      3. Distribute for commercial purposes apart of the Game audio-visual images available in the Game;
      4. Distribute for commercial or non-commercial purposes the in-game values, acquired by the Licensee within the participation in the Game beyond the gameplay, transfer license for the Game for commercial or non-commercial purposes to third parties, including transfer of game character or game account;
      5. Transfer Licensee license for the Game to other Licensees or third parties by way of signing of sublicense agreement or other way;
      6. Use the Game in other ways, not stipulated by the present Agreement and beyond the ordinary gameplay;

5. Liabilities of the Licensor

   Licensor undertakes the below liabilities:

   1. Under conditions stipulated in the present Agreement, provide the Licensee opportunity to participate in the Game, execute provision of license for the Game as program software and/or the database;
   2. With the view of the terms, stipulated in the present Agreement, secure the gameplay;
   3. Notify the Licensee through the Game Web site content update of alteration of the present Agreement;
   4. Provide the Licensee with free acquisition (download) of Game frontend (if any) via the Internet network from the site of the Game, subject the other is not stipulated by the present Agreement;

6. Rights of the Licensor

   Licensor is of right to:

   1. At any time in one-way order restrict, extend, change the Game content with no prior notification of the Licensee;
   2. Manage the Game and the gameplays solely at his discretion, suspend or change the gameplay, change the Game conditions with no prior notification of the Licensee;
   3. At any time change, delete any data, hosted by the Licensee in the resources of the Licensor, including remarks, announcements of the Licensee;
   4. At any time suspend, restrict and/or stop access of the Licensee to the Game under conditions of the present Agreement, including the case the Licensee does not comply with the terms of the present Agreement and the Game Rules;
   5. For statistics collection and Licensee’s identification detect and store the data on the Licensee’s IP-addresses and use technical information files (cookies), hosted in the PC of the Licensee;
   6. Mail to Licensees informational or technical messages related to the Game;
   7. In the course of the gameplay make remarks to the Licensees, notify and inform them of Licensees’ non-compliance with the Game Rules, or other terms of the present Agreement. Orders of the Licensor during the gameplay are liable for the Licensee.
   8. At any time update, extend, modify the Game, any of its parts, including the Game frontend, with no prior notification of the Licensee;
   9. Take lawful measures for protection of own intellectual rights related to the Game;
   10. Subject to suspension, restriction, and cancellation of Licensee’s access to the Game due to the Licensee’s infringement of the present Agreement or the Game Rules renew Licensee’s access to the Game under conditions of early unblocking of the Licensee’s game account. Order and terms of such unblocking are defined in Game Rules.
   11. At any time stop access to the Game or possible use of the Game (close the Game) and/or any of its functionalities with no prior notification of the Licensee.

7. Licensor Exemption clauses

   1. Licensee uses the Licensor’s Resources, the Game, including the Game frontend (if any), at his own risk. Participation in the Game, licensing of the Game is done “as is”.
   2. Licensor is not liable for possible wrongdoing of the Licensee or the third parties.
   3. Licensor is not liable for remarks of the Licensee, hosted on the Licensor’s Resources. Licensor is not liable for actions of the Licensee in the Licensor’s Resources, including behavior, character and ideology of game characters managed by the Licensee, actions of game characters in the Game, non-respect to other Licensees of the Game and his managed game characters. Licensor is not liable for such actions of other Game participants.
   4. Licensor is not liable for loss by the Licensee of access to his game account – Licensee’s profile in the Game (loss of login, password, other data required for Licensee’s participation in the Game).
   5. Licensor is not liable for за partial; wrong Licensee’s personal data specification while opening of the Licensee’s account in the Game.
   6. Licensor is not liable for Licensee’s loss of game valuables during the gameplay, received as a result of Game participation or acquisition of license of the Game.
   7. Licensor is not liable for Licensee’s lack of access to the Internet, quality of the Internet network providers’ services, with which the Licensee has signed Agreements on Internet network access.
   8. Licensor does not exchange for cash or non-cash money or valuables and/or return of game valuables, received by the Licensee while his participation in the Game, execution of license for the Game.
   9. Licensor makes no exchange of game valuables received by the Licensee while his participation in the Game, execution of license for the Game, to other game valuables
   10. Licensor does not compensate the Licensee with expenses, related to the Licensee’s purchase of license, including the case of suspension or cancellation of access to the Game or suspension or termination of the present Agreement whatever the reason.
   11. Licensor does not guarantee that:
       1. The Game will comply with the subjective requirements and expectations of the Licensee;
       2. Gameplay in the Licensor’s Resources, as well as transfer of license for the Game will be continuous, quick, with no malfunction, reliable and faultless;
       3. Results available upon the use of program software and database of the Game, in the course of participation in the Game and execution of license will be faultless;
       4. Gameplay quality, quality of any aspect of the Game, data, received in the course of the Game or at use of the program software and the database, provided in the Licensor’s Resources, will comply with Licensee’s expectations;
       5. The Game will be available and can be run 24/7 at any specific time point or during some time period;
   12. Licensor is not liable for occurrence of any direct or consequential damage to the Licensee or other third parties, caused due to:
       1. Use or impossible use of Licensor’s Resources;
       2. Unauthorized access of any third parties to personal data of the Licensee including the profile of the Licensee, personal account of the Licensee in the Game;
       3. Announcements or conduct of any third party in the Licensor’s Resources;
   Under all circumstances liability of the Licensor to the Licensee is limited to the amount of 3 000 (three thousand) rubles.
   13. Licensor is not liable to provide Licensee with any evidence, documents and other, witnessing the Licensee’s infringement of the Agreement stipulations, leading to denial of Licensee’s access to the Game, game valuables, or cancellation and/or restriction of such access.

8. Liabilities of the Licensee

   1. Licensee is liable to:
      1. Respect the terms of the present Agreement, including the Game Rules, with no restrictions;
      2. At the moment of registration in the Licensor’s Resources indicate the right information;
      3. Not exceed the scope of license for the Game, stipulated in section 2 of the present Agreement;
      4. No to infringe in some way the intellectual property of the Licensor related to the Game and/or other components of the Licensor’s Resources, in particular, the Licensee has no right to copy, play, distribute, publish and in other way distribute and replay the materials (text, graphics, audio-video), being part of the Game resources without written consent of the Licensor;
      5. Take own measures to secure his personal data in the Game and prevent unauthorized use of those profiles by the third parties;
      6. Follow orders of the Licensor, in particular, issued by the Licensor to the Licensee or a group of Licensees in the Game, in the user (Licensees) support center, in the news section of the Game Web Site, on the Licensor’s forum. Subject the Licensee does not comply with such orders, the Licensor is of right to suspend, restrict, stop Licensee’s access to the Game;
      7. Upon request of the Licensor due to signature and execution of the present Agreement confirm his personal data, including the surname, name, farther name, other data;
      8. Comply with other requirements and execute other liabilities, stipulated by the present Agreement and the Game Rules;
   2. Licensee guarantees that he is fully authorized to sign the present Agreement. Subject the Licensee has no majority status (18 years old) or became fully incapable due to other circumstance, stipulated by the existing legislation, he is liable on his own to receive the required by law permission from his parents, or lawful representatives
   3. Other liabilities of the Licensee are stipulated in the Game Rules, as well as in section 7 of the present Agreement.

9. Territory and validity term of the Agreement

   1. Licensee is of right to use the Game in order, stipulated by the present Agreement, on the whole territory of the Russian Federation, as well as in other territories, where it is available within the ordinary gameplay using the standard software and programs within the Licensor Resources functional.
   2. The present Agreement is valid upon acceptance of its terms by the Licensee and within 1 (one) calendar year.
   3. The present Agreement is automatically prolonged for every consequent 1 (one) year subject prior to expiration of the Agreement validity term:
      1. Licensor does not decide to alter the stipulations of the present Agreement, does not find it necessary to sign a new agreement with the Licensees, to cancel the Game support or access to it, to cancel the present Agreement in relation of the Licensee, or cancel access to the Game in relation of the Licensee;
      2. Licensee does not decide to cancel the use of the Game;
   4. Licensor is of right at any time without notification of the Licensee and not explaining the reasons to cancel the present Agreement in one way extra judicial order with immediate cancellation of access and possibility to use the Game and with no reimbursement of any expenditures, losses or return of assets received under the Agreement, including those in case of:
      1. Closing of the Game;
      2. Any, including single one, infringement by the Licensee of stipulations under the present Agreement or the Game Rules;
   5. Licensor is of right at any time without notification of the Licensee and not explaining the reasons to cancel access and possibility to use the Game with no reimbursement of any expenditures, losses or return of assets under the Agreement, including the case of any, even single, infringement by the Licensee of terms of the present Agreement or Game Rules.
   6. Licensee is of right at any time without notification of the Licensor and not explaining the reasons to cancel the present Agreement in one way extra judicial order by way of game account deleting.
   7. Licensee agrees and fully recognizes that all exclusive rights for localized (translated into related language) Game, including game characters, game articles and accessories, game tokens, in-game valuables, graphic images, photos, animations, video images, video clips, sound records, sound effects, music, text content of the Game and other Game components belong to the Licensor, subject another is not clearly stated in the Agreement, on the Web Site of the Game or in the Game itself.
   8. Licensee has no right to use any of the Game components outside the Game and the gameplay without written consent of the Licensor.
   9. Licensee understands, accepts and agrees that any element of the Game, in particular, any game character, are components of the Game as the computer program and are protected by copyright. In spite that the Licensee gets rights to use the Game and during the gameplay and participation in the Game the management of such game characters is allowed, including development of such characters in the course of the Game is not and cannot be considered at any circumstances as transfer and/or cession of exclusive right in relation of such character from the Licensor to the Licensee. Such management and development of the character in the Game is as well not and cannot be considered as Licensee’s authorship in relation of the game character and/or co- authorship of the Licensee and the Licensor in relation of the game character.
   10. Present Agreement does not provide for cession of any exclusive rights or granting of exclusive license for any components of the Game and/or Game Resources from the Licensor to the Licensee.
   11. Subject the Licensee is not allowed to use computer games on-line as per the laws of his state or there are other lawful restrictions, including age restrictions for admission to such software, the Licensee has no right to use the Game. In such case the Licensee bears his own liability for use of the Game on the territory of his state in conflict with the local legislation.
   12. Present Agreement can be altered by the Licensor with no prior notification. Any changes to the Agreement, done by the Licensor in one-way order, are enforced on a day, following the day of publishing of such changes in the Web Site of the Licensor. Licensee undertakes at his own to check the Agreement for changes. Licensee’s non-execution of Agreement/altered version of the Agreement acknowledgement is not ground for non-execution of Licensee’s liabilities and Licensee’s non-compliance with restrictions, stipulated by the Agreement.
   13. Nullity of one or several provisions of the Agreement, enforced in due order by court decision, does not entail nullity of the whole Agreement for the Parties. Subject one or several provisions of the Agreement are invalidated, the Parties undertake to execute the liabilities under the Agreement in order as nearly as possible to that supposed by the Parties at signature and/or agreed change of the Agreement.
   14. Present Agreement and relations of the Parties under the present Agreement and use of the Game are governed by the legislation of the Russian Federation.
   15. Form and procedure of signature of the present Agreement are governed by the Civil Code of the RF (“CC of RF”), establishing order and terms of agreement by way of public offer acceptance.
   16. All disputes of the Parties under the present Agreement are settled by means of correspondence and negotiations with obligatory pre-court (complaint) procedure. Subject the Parties cannot come to agreement through negotiations within 60 (sixty) calendar days from the date of written claim receipt by the other Party, dispute is submitted by any concerned Party to regular court in the location of the Licensor (except the case is under jurisdiction of any other court).
   17. For issues related to execution of the Agreement, please use the e-mail: admin@alphapoker.ru