EULA
12 November 2020
1. About this End User Licence Agreement
1.1 This End User Licence Agreement (or “EULA”) governs the relationship between you and MONOLITHMIND, LLC, office 369, bld. 9-A, knyajii Zaton str., Kyiv, Ukraine, 02095 or any one of its affiliated entities (“MONOLITHMIND”, “we”, “our” and “us”) in relation to our games, including, but not limited to, “INSILENTIUM”(each a “Game“).
1.2 This EULA incorporates the rules and guidelines that apply to your use of the Game (the “Game Rules“). The Game Rules are set out at the following links:
(unless other address is indicated for a specific Game) and form part of this EULA.
You must also accept and comply with all rules of external platforms applicable to specific Game, including but not limited to Apple Appstore and Game Center rules, and Google PlayTM rules. Any breach of any rules of the external platforms shall also be regarded as a fundamental breach of the Terms of Service by you.
This EULA together with third parties’ rules and other documents that you accept set out how we expect you to behave when playing the Game. Please review them carefully before playing the Game.
Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
2. This EULA and You
2.1 If you are under 18 years of age, please ask your parent or guardian to review and approve this EULA on your behalf. If you are under the aforesaid age, you must not use or access the Game without a parent or legal guardian supervising you.
2.2 You confirm your agreement to this EULA including the Game Rules as part of the installation process of the Game (if applicable) or by using the Game. If you do not agree to this EULA or the Game Rules, please do not attempt to install or use the Game.
3. Terms of Service and Privacy and Cookie Policy
You confirm that as part of the process of creating a INSILENTIUM account (an “Account“) you read and agreed with our Privacy and Cookie Policy.
4. Amendments to this EULA and the Game Rules
4.1 From time to time, we may need to amend this EULA for serious reasons, for example to reflect new features and functionality in the Game or because of changes in the law. If we make a change to this EULA, we will inform you via email in advance of such changes thirty (30) days before such changes enter into force and of your right not to accept them. The latest version of this EULA will always be available on the monolith mind websites (the “Sites“). Please make sure you check for updates to this EULA each time you use the Game. Changes to this EULA shall not affect your accrued rights and shall not have retroactive effect.
4.2 From time to time we may also need to amend the Game Rules for serious reasons, for example to address issue that may arise in the Game or the way that the Game is being played and to ensure that the Game continues to be enjoyable for all users. If we make a change to these Game Rules, we will inform you via email in advance of such changes thirty (30) days before such changes enter into force and of your right not to accept them. The latest version of the Game Rules will always be available on the Sites. Changes to the Game Rules shall not affect your accrued rights and shall not have retroactive effect.
5. Using the Game
5.1 In return for your acceptance of this EULA, we give you the personal right (known as a ‘licence’) during the time this EULA is in force between you and us to download, install and play the Game.
5.2 This licence is:
- (a) ‘non-exclusive’ (meaning that we can grant the same and similar licences to other people as well);
- (b) ‘revocable’ (meaning that we can terminate this licence in certain circumstances, which are explained further below);
- (c) ‘personal’ (meaning that you may not use the Game for any commercial purpose);
- (d) ‘non-transferable’ (meaning that the licence is only for your benefit and you may not transfer or sub-licence any of the rights that we grant to you to any other person); and
- (e) ‘limited’ (meaning that you can only use the Game for the purposes we set out in this EULA); and
- (f) conditional on your compliance with this EULA.
6. Technical Requirements
For using the Game you need certain hardware, software and capability (including a suitable connection to the Internet).
7. Patches, Updates and Changes
From time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Game (for example to enhance online gameplay, to add new or update features or to resolve software bugs). You hereby accept, recognize and understand that we constantly work on further development of the Game and Services, we improve, upgrade and update graphics, features, gameplay and any other Content of the Game in order to make the gameplay enjoyable for you.
8. Intellectual Property
8.1 The Game, including the code, graphics, game play, user interface, audio and other content, contain proprietary information and material that is protected by copyright and other laws including but not limited to intellectual property. You agree that we own or licence all of this proprietary information and material and that you may not use or exploit any of it without our permission.
8.2 “INSILENTIUM” and “MONOLITHMIND” and their respective logos are trademarks or registered trademarks of monolith mind. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in the Game are the property of their respective owners and all rights in them are reserved.
9. Game Rules
9.1 The Game Rules set out how we expect you to behave when playing the Game. Please review the Game Rules carefully before playing the Game. Please note that ‘role-playing’ is not an excuse for contravening the Game Rules.
9.2 If you are in material breach with the Game Rules, then we may, at our reasonably discretion depending on the seriousness of the breach take some or all of the following actions:
- (a) suspend your access to the “game chat” functionality in the Game for a short period of time;
- (b) suspend your access to the “game chat” functionality in the Game for a longer period of time; and
- (c) suspend or close your Account as provided in the Terms of Service.
If the breach is your first breach, if it is not flagrant, if it is capable of cure, and if the circumstances allow us to do so, then we shall give you 14 (fourteen) calendar days prior written notice of the impending Account closure to give you the opportunity to cure the breach during such time period. If we suspend your Account, then during the period of that suspension you will not be able to access your Account or use any of the Services. If we close your Account, then you will never be able to access your Account and we may also prohibit you from accessing or using the Services in future.
9.3 If we suspend your access to the ‘game chat’ functionality in the Game, then during the period of that suspension you will be able to play the Game and read the ‘game chat’ of other players, but will not be able to participate in ‘game chat’.
9.4. Game Rules for specific Games may contain other restrictions depending on the nature of the Game and its functionalities. In case of any discrepancies between this section 9 and Game Rules for a specific Game, the latter shall prevail.
9.5 If you encounter another user who is contravening any of the Game Rules, please report this activity to monolith mind using the “Help” or “Report Abuse” functions in the Game if available, or otherwise contact Customer Support at contact@MONOLITHMIND.com.
10. Epilepsy Warning
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
11. Warranties and Liability regarding the Game
11.1 We warrant that we have the right to enter this EULA and to grant you the licences to use the Game set out in section 5 (“Using the Game”);
11.2 We shall be liable for damages with respect to injuries to health, body or life or for intentional damages caused by us, our representatives, employees or our vicarious agents or according to the applicable law.
11.3 With respect to virtual goods that are purchased by you, we shall be liable in addition to article 2 of the present section 11 for damages that arise from the lack of a guaranteed characteristic or gross negligence of us, our representatives, or designated agents.
11.4 And further liability of us shall be waived.
12. Governing (Applicable) Law and Jurisdiction
12.1 This EULA and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of Ukraine, unless otherwise required by the law of the country where the user has his habitual residence.
12.2 We and you submit all the aforementioned disputes to the jurisdiction of the courts of the country whose laws are applicable subject to article 1 of the present section 12 “Governing (Applicable) Law and Jurisdiction”.
13. General
13.1 The EULA governs our relationship with you. It does not create any rights for any other person, unless otherwise expressly stated in this EULA.
13.2 If any part of this EULA is held to be unenforceable, then it will not affect the enforceability of any other part of this EULA. Also, we and you agree to interpret the rest of this EULA in such a way as to reflect your and our intentions in this EULA as far as possible.
13.3 If you or we fail to exercise (or delay exercising) any right which you or we may have under this EULA, that failure or delay does not mean that we or you lose that right. If we or you only partially exercise a right or only exercise it once, that will not stop you or us from exercising it again in the future.
14. No Restriction of Consumers Rights
The provisions of this EULA do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of applicable law nor may be construed by anyone in this way.
15. Contact Us
If you have any questions, complaints, or comments regarding this EULA, please contact us at contact@MONOLITHMIND.com.
