Last update: May 8, 2023
Previous versions: before May 8, 2023
1.1. These terms of service (hereinafter the “Terms of Service”) is the legal agreement that governs the relationship between You (as the user of certain services) (hereinafter “You” in all forms) and the company SCOREWARRIOR LIMITED (HE348535) whose principal place of business is at: 16 Spyrou Kyprianou Avenue, Divine Clock Tower, 1st floor, 3070 Limassol, Cyprus (hereinafter the “Company” and/ or “We” in all forms) in relation to:
1.1.1. Our online game Total Battle (hereinafter the “Game”). The Game is available via the following means:
a. Our website totalbattle.com (hereinafter the “Site”).
b. Our mobile application of the Game (hereinafter the “Mobile Application”).
c. The downloadable clients of the game: the desktop client and the Steam™ client (hereinafter the “Game Client”);
d. Our game in the Facebook™ App Center (hereinafter the “Facebook™ App”);
1.1.2. Any other services We may provide to You in relation to the Game in accordance with these Terms of Service, including but not limited to support services and premium services (hereinafter collectively the “Services”).
1.2. By registering for the game through the website, game client, Facebook™ app, or the mobile application, You represent that You have read, understood, acknowledge, and accept these Terms of Service, the Privacy Policy, the End-User Licence Agreement, the Payment Policy, the Refund Policy, and other rules, including but not limited to event and community rules (both of the latter are available via the website, game client, Facebook™ app, and mobile application) (hereinafter the “Policies”). All mentioned policies as well as these Terms of Service are subject to the General Data Protection Regulation 2016/679. If You access the service via a social networking site, such as Facebook, or a third-party platform, You need to accept their Terms of Service and policies as well as Ours. If You do not agree to the Terms of Service, the Policies, or any additional terms and conditions, do not use the service.
1.3. Also, by accepting these Terms of Service, You acknowledge and agree that You have reached the age of 18 or the age of legal capacity as stipulated by applicable local law, or if You are under the age of 18 or the age of legal capacity as stipulated by applicable local law, that Your parent or legal guardian has reviewed and agrees to these Terms of Service and the Privacy Policy and that he or she assents to these Terms of Service on Your behalf and takes full responsibility for Your compliance with them. Registering in the Game and creating an account is not permitted to persons who have not reached the age of 18 or the age of legal capacity as stipulated by applicable local law, over which You are permitted to enter into a binding agreement with Us unless You have viewed these Terms of Service with Your parent or legal guardian and they have agreed to these Terms of Service on Your behalf and they take full responsibility for Your compliance with them. If You are under the age of 18 or the age of legal capacity as stipulated by applicable local law, and You don’t have the consent of Your parent or legal guardian, please do not register in the Game. By reading and accepting the Privacy Policy and the present Terms of Service, You acknowledge, represent, and agree that You have reached 18 years of age or the age of legal capacity as stipulated by applicable local law or that You have Your parent or legal guardian’s permission. You shall not create an account or access the services at all if You are under the age of 13.
1.4. We do not knowingly collect personal information about persons under the age of 18 or under the age of legal capacity as stipulated by applicable local law in cases where We can control it. For example, it is not possible to control information that is communicated to Us online.
1.5. If We are informed by a parent or legal guardian that their child has misrepresented their age when registering for Our game or services and the child has provided Us with personal information, we will delete the information from Our records immediately, and We will terminate the account (if any), provided We have information that satisfies Us that the individual filing the report is indeed the parent or guardian of the child in question. At Our sole discretion, We reserve the right to request proof of age (for example, We may request Your month and/or year of birth) or consent from a parent or legal guardian at any time, and We may block users if We suspect they are under the applicable age, in which case We will promptly delete all data collected from the child from Our records. Failure to comply with this condition will result in the account being closed and all virtual goods (as defined below) that were acquired through the use of the Game being lost. If You are a parent or guardian and believe We have collected Your child’s information in violation of applicable law, please contact Us.
1.6. You are not allowed to accept these Terms of Service if:
a. you are not lawfully entitled to use either the Site, the Game Client, the Mobile Application, Facebook™ App, the Game, and/or the Services under any law applicable in the country in which You are located or residing;
b. you are not of the legal age to form a binding agreement with Us;
c. you do not agree to these Terms of Service;
d. We have previously banned You from using Our Services.
2.1. Please kindly note that from time to time We may need to amend these Terms of Service, the Privacy Policy, the EULA, the Payments Policy, the Refund Policy, Event or Community Rules, and the Code of Conduct, which are available on the Site, in order (including but not limited) to:
a. reflect changes in the applicable law;
b. reflect changes in the composition/content of the Game and/or the Services;
c. reflect changes in the way in which We collect, use, and store Your personal information (ensuring compliance in all cases with applicable data protection law);
d. make sure that the Community Rules protect the interests of the community of users of the Game.
2.2. The latest versions of these Terms of Service and the Policies are always available on the Site, in the Game Client, on Facebook, and in the Mobile Application. If We make any amendments to these Terms of Service and/or the Policies, We will give You reasonable notice. However, We strongly advise You to check for updates independently each time You use the Game or the Services, either through the Site, the Game Client, Facebook, or the Mobile Application. Additionally, We highly recommend that You print copies of these Terms of Service and the Policies for Your records. You are bound by any changes to these Terms of Service and the Policies when You use the Service after such changes have been first posted. If at any point You do not agree to any portion of the then-current version of Our Terms of Service and/or the Policies, or the rules or codes of conduct relating to Your use of the Service, You should not accept them, and You will not be able to use Our Game or any other related services.
3.1. We warrant that We have the right to enter into these Terms of Service and grant You a license to use the Game and the Services through the Site, the Game Client, Facebook™ App, and the Mobile Application according to these Terms of Service and the Policies.
4.1. You agree that You are responsible for Your use of the Game and to indemnify, defend, and hold the Company and its parents, subsidiaries, affiliates, officers, employees, officers, agents, partners, licensors, and other representatives (if any) harmless from any losses, costs, liabilities claims, damages, actions, demands, or expenses, including reasonable attorneys’ fees, due to or arising out of or in connection with Your: (a) omissions and/or negligence to act or negligent conduct or misuse in relation to Your use or alleged use of the Game; (b) violation of these Terms of Service or any agreements by You referenced herein or any law or regulation; or (c) violation of any right of a third party including but not limited to any users; (d) use of a third-party service; (d) user-generated content and suggestions.
4.2. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You agree that You will fully cooperate with the Company in asserting any available defences. You will not in any event settle any claim without Our prior written consent. You agree that the provisions in this section will survive any termination of Your Account, these Terms of Service, or Your access to the Service.
5.1. Please be aware that the use of the Game and the Services shall be at Your own sole risk. The Game and the Services are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, assumes no liability and expressly disclaims all warranties of any nature thereof, whether express, implied, statutory or otherwise, with respect to the Game, including but not limited to all implied warranties of merchantability, fitness or suitability for any particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Game will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
5.2. Please note that by accepting these Terms of Service, You are automatically accepting the Privacy Policy, End User Licence Agreement, Refund Policy, and Payment Policy of the Company, which form an integral part of these Terms of Service and which contain additional information regarding the related topics that should be read and acknowledged by the user.
5.3. The Company shall not be liable for any delay or failure of the Game and/or the Services resulting from causes outside the reasonable control of the Company, including without limitation any delay or failure of the Game and/or the Services due to unforeseen circumstances or causes beyond the control of the Company, among others, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, any other resources, or materials or labor.
5.4. Additionally, We do not guarantee that:
a. the Game and/or the Services will meet Your expectations and/or requirements;
b. the quality of any products, services, information, or other materials purchased or obtained by You via or in any relation to the Game or the Services will meet Your expectations and/or requirements;
c. the Game and the Services will be uninterrupted, timely, virus-free, and/or error-free, or that such defects will ever be corrected;
d. the use of the Game and/or the Services will be absolutely secure.
5.5. Without limiting the foregoing, neither SCOREWARRIOR LIMITED nor any of SCOREWARRIOR LIMITED’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Game, or the information, content, and materials or products included therein; (ii) that the Game or content provided through the Game will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Game; (iv) that the Game, its servers, its content, or any e-mails sent from or on behalf of SCOREWARRIOR LIMITED are free of bugs, viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components that may be transmitted to it through the Game by any third party; or (v) that any defects in the Game can or will be corrected. No oral or written statement or advice provided by the Company nor any authorized representative shall create a warranty. You understand and agree that You use the Game at Your own risk and that You will be solely responsible for any damage to Your property or loss of data that results from the use of the Game.
5.6. Some countries, states, or jurisdictions do not allow the exclusion of or limitations on implied warranties or limitations on applicable statutory rights, so some or all of the above exclusions and limitations may not apply to You. In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
5.7. To the fullest extent permitted by applicable law, in no event shall the Company or its affiliates or its suppliers be liable to You in any way for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever in connection with these Terms of Service or the Game, including but not limited to damages for loss of profits, for loss of data or content or other information, for damage caused by downloading or using the Game, for any errors, mistakes, or inaccuracies of content, for any interruption or cessation of transmission to or from our servers, for business interruption, for lack of functionality of the Game, for product liability, for any claim that the Game fails to conform to any applicable legal or regulatory requirements, claims arising under consumer protection or similar legislation, claims that the software infringes a third party’s intellectual property rights, for personal injury, for property damage of any nature whatsoever resulting from Your access to and use of the Game, for loss of privacy arising out of or in any way related to the use of or delay or inability to use the Game, third-party software, and/or third-party hardware used with the Game, for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages, and/or otherwise in connection with any provision of these Terms of Service or the Game, even if the Company or any supplier or affiliate has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
5.8. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
5.9. We are constantly working on further developing the Game and the Services in order to make the gameplay enjoyable for You. This means that from time to time, We may introduce upgrades and improvements to the gameplay, features, graphics, technical infrastructure, etc. We don’t guarantee that such upgrades and improvements won’t change Your experience of using the Game and/or the Services.
5.10. Please note that Our Game is a work of fiction. All names, characters, places, events, and incidents in the Game are used in a fictitious manner. Our primary priority is to equally respect the rights and dignity of all human beings, irrespective of nation, race, culture or religion, sexual orientation, or gender identity. Therefore, any resemblance to real-world events or people is purely coincidental and bears no reference to any nation, race, culture or religion, sexual orientation, or gender identity. Our game is available in countries all over the world, and it’s important that Our players, regardless of their backgrounds, feel safe and comfortable on Our platform.
5.11. Please note that downloading any materials or obtaining them by any other means while using the game and/or the services shall be undertaken at Your own sole risk. You will be solely responsible for any damage to Your devices, installed software, and/or operating systems, and/or any loss of data that may result from obtaining any such materials.
6.1. In order to use the Game and the Services, You have to create an account (hereinafter the “Account”). By using Your Account, You may access the Game and Your progress in the Game through the Site, Game Client, Facebook™ App, and the Mobile Application.
6.2. In order to create an Account, You will need either an active email address or a Facebook™ profile. During the Account registration process, You will be also required to provide additional information, which You must provide truthfully and accurately. Details about the information You are requested to provide, how We process, use, and store Your data are outlined in the Privacy Policy. You acknowledge and agree that You have no ownership or intellectual or other rights to Your Account. All rights to Accounts are and will only be owned by and to the benefit of the Company.
6.3. You are not permitted to share Your Account with anyone. You are not permitted to sell or transfer Your Account to anyone. You must keep all information relating to Your Account confidential. At no time should You disclose Your Account ID or password to anyone. This includes Your friends, children, spouses, co-workers, etc. In case You grant access to Your Account to third parties, You will still be solely responsible for all actions carried out by these third parties, including any purchases, losses, service charges, or other changes to Your Account, regardless of whether or not they were performed and authorized by You.
6.4. You are responsible for keeping Your Account secure from third parties. Under no circumstances should You disclose Your Account password to third parties. You must ensure that You secure Your Account, computer, mobile phone, or other devices from third parties. You undertake to monitor Your Account to restrict use by minors, and You will deny access to any person other than Yourself. You accept full responsibility for any unauthorized use of Your Account by minors or any other third party, and You acknowledge that You are responsible for any use of Your credit card or other payment or settlement systems or devices (e.g., PayPal) by minors or any other third party.
6.5. Please note that Our representatives, including Our support team, will never ask You for Your Account password.
Please notify Us immediately if any of the following occurs:
a. Any unauthorized use of Your Account.
b. Any hacking tools have been used or might have been used in relation to either the Game, Your Account, or the Services.
6.6. We have the right to suspend Your Account following the receipt of any legal notice addressed to You or Us in connection to Your Account and/or Your activities, or in case there is a reasonable suspicion of the commencement of any illegal activities and/or any activities that contradict Our Terms of Service, EULA, Privacy Policy, Refund Policy, and Payment Policy in connection to Your Account, or in case of any legal proceedings commenced by You against Us. Account suspension doesn’t grant You the right to any refunds and/or compensation even if at the time of the suspension You had any unused virtual goods.
6.7. We have implemented reasonable and appropriate organizational and technical measures to protect all personal data and information We collect against security risks. In case of any loss or damage arising from any unauthorized use of Your Account or any unauthorized access, use, alteration, modification, and/or disclosure of Your personal information to an extent that arises from Your own omission, negligence to act, or negligent conduct, We shall have no liability to You.
6.8. Please note that additional information regarding the processing of user data by the Company is contained in the Privacy Policy, as stated in Article 1 above, and the Privacy Policy forms an integral part of these Terms of Service.
6.9. You do not have to pay any registration or subscription fees to create or maintain an Account, nor do We operate a recurring or subscription payment plan, whether billed monthly, quarterly, annually, or according to any other schedule.
7.1. Intellectual property is a term that gives the creator certain exclusive rights to a distinct type of creative design, literary and artistic works, symbols, names, and images. The Site, the Game Client, the Mobile Application, the Facebook™ App, and the Game contain a lot of different materials and assets, including but not limited to technology, software, interfaces, designs, forum posts, chat posts, profiles, messages, links, e-mails, graphics, codes, gameplay, characters, character names, artwork, user interface, texts, images, videos, sounds, and music (hereinafter collectively the “Content”). The Services, the Content, and all intellectual property rights connected thereto, including without limitation all rights, title, copyrights, patents, trademarks, trade secrets, and proprietary rights (hereinafter “IP Rights”) are and shall remain Оur sole and exclusive property (or Оur affiliates’ and partners’ property, as applicable). You agree that all rights to use the Services are licensed, not sold to You and that You have no rights other than the right to use the Services in accordance with these Terms of Service. You agree that We own or license all of these intellectual property rights and that You may not use or exploit any of them without Our permission.
7.2. As long as these Terms of Service are in force between You and Us, We grant You a personal (meaning that You may not use the Content for any commercial purpose), limited (meaning that You can only use the Content for the purposes We set out in these Terms of Service), non-exclusive (meaning that We can grant the same and similar licenses to other people as well), non-transferable (meaning that the license is only for Your benefit, and You may not transfer or sub-license any of the rights that We grant to You to any other person), non-sublicensable, revocable (meaning that We can terminate this license in certain circumstances, which are explained further below) license so that You can access, view and use the Game and/or Services.
7.3. You must not download (except as part of the proper use or operation of the Game or the Services), copy, edit, publish, post, distribute, print, reproduce, modify, adapt, host, transfer, disseminate, remove, obscure, pattern, lease, sell, transmit, rent, license, sub-license, assign, translate, copyright, trademark, make available to a third party, disclose, or make any commercial use of any content (fully or partially) that is available in the Game, on the Site, in the Game Client, in the Facebook™ App, in the Mobile Application, or in the Services unless We expressly authorize You to do so in writing.
7.4. The Service is protected by intellectual property law and other laws, including but not limited to applicable copyright laws and treaties throughout the world.
7.5. If You copy or download any part of Our intellectual property in breach of this agreement, Your right to use the Services will cease immediately without compensation being provided for any losses and/or damages, and You must return or destroy any copies of the materials You have made. All title, rights, and interest in and to the Service (including without limitation any games, titles, computer code, concepts, characters, character names, artwork, animations, stories, dialogue, themes, objects, catchphrases, sounds, musical compositions, audio-visual effects, moral rights, documentation, methods of operation, in-game chat transcripts, character profile information, recordings of games played using a Company’s game client, and the Company’s game clients and server software) are owned by the Company. If at any time You violate the abovementioned, then it will result in the immediate revocation of Your limited license without compensation being provided for any losses and/or damages and may subject You to liability for violations of law.
7.6. The following conditions, among others, apply to the availability of the Game/Content to You:
a. The Game/Content will be available to You only if it is legal for You to have access to the Content/Game in Your home country.
b. You may only acquire the Game/Content from Us.
c. The Game/Content cannot be returned and/or exchanged for cash or any other goods or services except as permitted in these Terms of Service or required under applicable law.
d. You cannot sell or transfer the Game/Content to anyone.
e. We do not guarantee that any of the Game/Content will be available at all times, in all countries and/or all geographic locations, or at any given time, or that We will continue to offer any particular Content for any particular period of time.
7.7 We may have to change or update the Content from time to time.
8.1.1. When You access and use the Game and the Services, You agree to comply with all laws, rules, and regulations in the jurisdiction in which You reside, with the Rules of Conduct included in the Events and Community Rules, and with the following behavioral rules (the “Code of Conduct”):
a. You will not create an Account if You are under the age of 18 or the age of legal capacity as stipulated by applicable local law unless you have viewed these Terms of Service with your parent or guardian and they have agreed to these Terms of Service on your behalf and they take full responsibility for your compliance with them.
b. You will not create an Account if you are under the age of 13.
c. You will not harass, threaten, harm, ridicule, stalk, intimidate, incite, harass, abuse, insult, or bully any other person or group, nor will you post, submit, or transmit any abusive, threatening, bullying, harassing, insulting, obscene, defamatory, offensive, hateful, disparaging, libelous, racial, religious, sexual or pornographic, violent, abhorrent, or illegal content, or content that infringes or violates the rights of another group or person, including another player, the Company’s employees, or the Company’s customer service representatives.
d. You will not organize or attempt to organize hate groups or use or promote hate speech.
e. You will not use rude, offensive, abusive, or profane language.
f. You will not threaten, condone, perform, promote, or attempt to promote any illegal acts or acts of violence or self-harm.
g. You will not post or submit any content that is racist or offensive to any ethnicity, nationality, religion, culture, gender identity, or sexual orientation or that disparages anyone based on their mental or physical ability, appearance, or any other personal trait, or post any information that contains a link to such content.
h. You will not make any derogatory comments based on race, ethnicity, nationality, religion, gender identity, or sexual orientation.
i. You will not discuss or post material related to any religious, political, social, or illegal topic or to any other divisive topic or content that may cause offense or portray any religious and political figures.
j. You will not post any content that has been written with the sole purpose of provoking or promoting toxic behavior or political/geopolitical agendas within Total Battle by the use of letters, words, numbers, symbols, emblems, figures, or names which cause the segregation of the community/users based on race, country, nationality, or religion.
k. You will not use political beliefs or passions of any kind to express hatred of another person including but not limited to another player, the Company’s employees, and/or the Company’s customer service representatives.
l. You will not create or attempt to create nicknames, groups, or organized communities of users that are connected in any way with organizations that violate or have violated any applicable laws or regulations, including but not limited to direct or indirect references to Nazi symbols, abbreviations, and well-known leaders.
m. You will not create or attempt to create a negative environment for other player(s), the Company’s employees, or the Company’s customer service representatives.
n. You will not spam/post same-topic content multiple times, repost content that has been removed from the Game, or post nonsensical messages in the Game and in-game chats, including but not limited to using caps lock.
o. You will not promote or advertise other games in in-game chats.
p. You will not discuss decisions taken or sanctions applied by moderators or the administration in in-game chats.
q. You will not be rude to, abuse, threaten, or use offensive or abusive language in Your communications with the Company’s employees and customer service representatives. If You do, in addition to any other actions We may take according to these Terms of Service, We may restrict Your ability to contact Us by email or refuse to provide You with any further customer support.
r. You will not provoke or encourage other users to take any actions that are against the interests of the Company, the Company’s employees, or the Company’s representatives or that could cause loss to the Company or be considered as a threat to the Company, including but not limited to encouraging other users not to participate in the Game or in Game-related events and/or not to make any in-game purchases.
s. You will not attempt to obtain another user’s login information or access another user’s Account. You are not permitted to access another user’s Game Account, even with the relevant user’s permission.
t. You will not collect, harvest, or attempt to collect or harvest any information about other users.
u. You will not post or share the full names of users without their consent or attempt to obtain, phish for, harvest, or reveal any account details, passwords, or other personal information about another person or Yourself. You will not post or share false information about another person, share logs of private conversations, or infringe anyone’s privacy, or defame another person.
v. You will not discuss, post, or share with other users in any way Your communication with the Total Battle administration or the Total Battle team.
w. You will not play or attempt to play using another person’s Account and identify yourself under the name of that person.
x. You will not impersonate any person, business, or entity. You will not falsely indicate that You are an employee or a representative of the Company, use a name that is falsely indicative of an association with the Company, communicate in a way that makes it appear that the communication originates from the Company, misrepresent Your affiliation with any person or entity, or engage in fraudulent, deceptive, or misleading practices.
y. You will exercise reasonable care in safeguarding Your Account against any unauthorized access by third parties.
z. If You suspect that Your account has been compromised and/or that a third party has gained unauthorized access to Your Account, You should immediately report Your suspicions to Our customer support service. Therefore, complaints regarding compromised Accounts with incidents that are not reported within a reasonable timeframe will not be accepted, as any attempt to manipulate the system for refunds or any other purpose is a strict violation of Our Terms of Service. Nonetheless, an internal investigation will be initiated to check whether the Account has indeed been compromised or not.
aa. You will not exchange or attempt to exchange Accounts with other users.
bb. You will not buy, rent, lease, sell, trade, sub-license, gift, bequeath, or otherwise transfer or share Your Account with anyone, or provide access to Your Account to another user, or accept a transfer of an Account from another user.
cc. You will not attempt to buy, rent, lease, sell, trade, sub-license, gift, bequeath, or otherwise attempt to transfer or share Your Account with anyone or attempt to provide access to Your Account to another user or accept a transfer of an Account from another user.
dd. You will not access or attempt to access or use an Account that has been rented, leased, sold, traded, sub-licensed, gifted, bequeathed, or otherwise shared by or transferred from the Account creator.
ee. You will not attempt to gain unauthorized access to the Game, to Accounts registered to other people, or to servers or networks connected to the Services by any means other than the user interface provided by the Company, including by circumventing or bypassing, attempting to circumvent or bypass, or encouraging or assisting any other person to circumvent or bypass any robot exclusion headers or security mechanisms for the Game.
ff. You will not create or attempt to create an Account using a false identity or information or on behalf of someone other than Yourself. You will not use or attempt to use bots or other automated software programs for fraudulent purposes or in a manner that otherwise violates these Terms of Service or the terms of service of any third-party applications or social networks through which the Game can be accessed.
gg. You will not create an Account or use the Service if You have previously been removed by the Company or banned from playing Our Game.
hh. You will not discuss or advertise the sale, exchange, or transfer of accounts, in-game resources, or virtual goods from one user to another or any other way to improve in-game progress without the normal use of the Game’s mechanics in all channels of communication, including but not limited to in-game chat messages and comments within community groups.
ii. You will not make or attempt to make available any cheats or other methods designed to enable the accumulation, selling, or trading of virtual goods.
jj. You will not carry out or attempt to carry out unauthorized transactions of virtual goods with other users in a manner that violates these Terms of Service, including transferring virtual goods to other individuals, selling or re-selling virtual goods, or fraudulently obtaining or acquiring virtual goods or game services from third parties by purchasing them, accepting gifts, or by any other means, without Our permission.
kk. You will not sell or transfer or attempt to sell or transfer virtual goods to anyone in exchange for cash.
ll. You will not acquire or attempt to acquire virtual goods from anyone in exchange for cash. You may only acquire virtual goods from Us or other users of the Game via the special interface within the Game.
mm. Virtual goods cannot be exchanged for cash or any other goods or services, except other virtual goods as permitted in the Game.
nn. You will not use or attempt to use the Game for the purpose of performing in-game services, such as leveling up or item collection services, in exchange for payment outside the Game.
oo. You will not abuse any payment provider’s systems for the purpose of purchasing or refunding virtual goods for fraudulent purposes, including instances where the permission of the authorized owner is not granted or in instances where the use of such systems by the user indicates suspicious activity. Refund abuse is considered a violation of these Terms of Service, and We enforce anti-fraud security measures in order to prevent such behavior, e.g., using automatic tools to permanently suspend Accounts that have been detected to commit such activities.
pp. You will not use or attempt to use the Game or the Services for any unauthorized commercial purpose, including but not limited to advertising, soliciting, or transmitting any commercial advertisement or unauthorized communications (such as chain letters, junk email, “spam” or other repetitive messages, or any materials that promote malware, spyware, and/or downloadable items to anyone).
qq. You will not use or attempt to use features of the Site or Service for anything other than their intended purpose.
rr. You will not use or attempt to take advantage of any flaws in the Game for personal gain, chargeback dispute exploitation, or refund exploitation.
ss. You will not engage in or attempt to engage in any fraudulent activity with respect to payment methods, including but not limited to credit card scams or credit card misappropriation.
tt. You will not use or attempt to use Our Services to build any service or game that may disadvantage or compete with Our Services or assist another person in building a service or game that would disadvantage or compete with Our Services.
uu. You will not exploit, distribute, or publicly inform other users of any error, miscue, or bug in the Game that provides an unintended advantage or allows for the impersonation of another person, including by means of automated collection mechanisms, such as clear graphics interchange formats (“gifs”), cookies, or similar technology.
vv. You will not scan, explore, or test the Game software or Our Services to detect, discover, and/or identify a possible bug or vulnerability therein or breach the security mechanisms of Our Services to get an advantage in the Game.
ww. You will not use, design, publish, discuss, propagate, become involved in, or take advantage of, or attempt to use, design, publish, discuss, propagate, become involved, or take advantage of any unauthorized third-party software, plug-in, cheating tool, system exploits, automation software, bots, hacks, or mods not developed by the Company that are designed to modify, disrupt, or interfere with the Game experience. If You suspect that a cheat or hack exists, contact Our support team and provide the necessary information.
xx. You will not copy, modify, add, delete, mount-run, or create any derivative work from the Game software, the data released to the RAM of any terminal device during the running of the software, the interactive data between the client terminal and the server terminal while the the software is running, or the system data that is necessary for the software to run by any means, including but not limited to using a plug-in, cheating tool, or unauthorized third-party tool/service to access the software and related systems.
yy. You will not modify or forge any instructions or data while the software is running. You will not add, delete, or change any of the software’s functions or operational results or operate and/or propagate any relevant software or methods that can be used to achieve the above mentioned function, regardless of whether or not the above actions are conducted for commercial purposes.
zz. You will not use or attempt to use any service or software that accesses, intercepts, “mines,” or otherwise collects information from the Game or that is in transit from or to the Game.
aaa. You will not make any automated use of the Game or take any action that imposes or may impose an unreasonable burden on Our infrastructure.
bbb. You will not use any software, technology, or device to send content or messages, to scrape, spider, or crawl the Game, or to harvest or manipulate data from the Game.
ccc. You will not interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or via any third-party platforms.
ddd. You will not create, use, facilitate, promote, or maintain any unauthorized connection to the Game, including but not limited to any connection to any unauthorized server that emulates or attempts to emulate any part of the Game or any connection using programs, tools, or software not expressly approved by Us.
eee. You will not copy or adapt the Game’s software.
fff. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the Game servers.
ggg. You will not cause disruption to, modify, or damage or attempt to disrupt, modify, or damage any Account, system, hardware, software, or network that is connected to or provided by the Company for any reason, including for the purpose of gaining an unfair advantage in the Game.
hhh. You will not modify or cause to be modified any files that are a part of the Services in any way not expressly authorized by the Company.
iii. You will not access, tamper with, or use or attempt to access tamper with, or use, Our computer systems, Our provider’s technical delivery systems, or areas of Our Services that are not available to the public.
jjj. You will not use or attempt to use any unauthorized third-party programs, including mods, hacks, cheats, scripts, bots, trainers, and automation programs that interact with Our Services in any way, for any purpose, including any unauthorized third-party programs that intercept, emulate, or redirect any communication relating to Our Services and any unauthorized third-party programs that collect information about Our Services by reading areas of memory used by Our Services to store info.
kkk. You will not in any way abuse or attempt to abuse the Game mechanics and/or Game features and/or bypass or attempt to bypass the Game mechanics and/or Game features for any purpose other than their intended purpose.
lll. You will not copy, modify, or distribute or attempt to copy, modify, or distribute content from the Game, except as specifically authorized by Us.
mmm. You will not fail to observe the rules set by the administration during a Game event. You will not use any Game mechanics/features that, according to the rules, You are not permitted to use, even if using those game features/mechanics is technically possible at the time. Rules issued by the administration form an integral part of Our Terms of Service, and not adhering to them is considered a violation of Our Terms of Service.
nnn. Except where permitted by law or relevant open source licenses, You will not modify, reproduce, distribute, publicly display or perform, translate, deconstruct, reverse engineer, decompile, disassemble, or decipher the Game software or otherwise try to derive the source code of the Game and/or other confidential contents, including but not limited to Game elements that have not yet been voluntarily published by the Company as a public presentation but have already been sealed in the Game installation package.
ooo. You will not remove or obscure any proprietary notices within the Game.
ppp. You will not disrupt or attempt to disrupt the normal flow or usage of the Game, in-game chat, or any other person’s use or enjoyment of the Game.
qqq. You will not improperly use Our support services, including by submitting false reports.
rrr. You will not advocate, promote, encourage, refer to, or otherwise facilitate any illegal behavior, including but not limited to the use of tobacco, alcohol, or drugs, unlawful gambling, or theft. Furthermore, You will not use the Services for any unlawful purpose or in any manner inconsistent with these Terms of Service or act or encourage other users to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any related operating system.
sss. You will not provoke, encourage, or enable other users to violate any clause within these Terms of Service or the Total Battle Policies or to violate any provisions of national and/or international laws or regulations.
ttt. You will not violate any rights of any party including privacy and publicity rights, or any intellectual property rights (copyrights, trademarks, patents, or trade secrets).
uuu. You will not participate in any action that we reasonably believe does or may defraud any other player, including by means of scamming or social engineering.
vvv. You will not act or allow any behavior that violates the rules of a third-party platform, provided that access to the Service is acquired via such a platform.
www. You will not breach any clause in these Terms of Service, the EULA, the Privacy Policy, the Payment Policy, and the Refund Policy. In addition, You will not facilitate activity that infringes the rights of any third party or violate the provisions of any applicable national and/or international laws or regulations.
xxx. You will not do anything to bring the Company into disrepute.
yyy. You will not engage in any other prohibited conduct.
The above list is not exhaustive and does not represent a full list of requirements due to the ongoing development of the Game and its functionality. We reserve the right to determine what conduct We consider to be in violation of the Terms of Use and also to take whatever disciplinary measures We see fit, including Account termination and deletion, regardless of whether a specific behavior is listed in the Code of Conduct as inappropriate. We reserve the right to modify this Code of Conduct at any time.
The requirements apply when You access and use the Game and the Services and also to all channels of communication, including but not limited to in-game chat messages, as well as messages and comments within community groups.
8.1.2. In addition to the rules/requirements presented herein, when You access and use the Game and the Services, You agree to comply with the following requirements in connection with nicknames/usernames, clan names and descriptions, avatars, and signatures. You will not use nicknames/usernames, clan names and descriptions, avatars, and signatures that:
A. contain insulting, abusive, offensive, defamatory, vulgar, obscene, sexual, violent, unreadable, sexually explicit, racially, ethnically, or otherwise objectionable content, personal attacks, or profanity, including in an abbreviated form;
B. relate to drugs, sex, alcohol, or criminal activity;
C. belong to another person with the intent to impersonate that person;
D. are comprised of gibberish;
E. that contain letters, words, numbers, symbols, emblems, figures, or names that promote or represent political or geopolitical agendas that could cause the segregation of the community based on race, country, nationality, or religion;
F. express political beliefs or passions of any kind to express hatred toward another person or a group of people.
G. contain derogatory comments based on race, ethnicity, nationality, religion, gender identity, or sexual orientation or discriminatory propaganda of any level;
H. contain content that is racist, nationalistic, or offensive toward any ethnic, national, religious, cultural, or racial group or that disparages anyone based on their mental or physical ability, appearance, or sexual orientation, or any other personal trait;
I. make reference or relate to any cultural, historical, or political figure who generally provokes negative feelings in the majority of people;
J. make reference to or relate to members of terrorist organizations;
K. contain reference to religions or religious leaders/figures/beings/deities that may cause offense;
L. contain letters, words, numbers, symbols, emblems, figures, or names connected with organizations that violate or have violated any applicable laws, regulations, and rules, including but not limited to using different variations of Nazi symbols, styles, or abbreviations or the ranks and/or surnames of Nazi leaders;
M. infringe the intellectual property rights of any third party (e.g., that contain copyrighted or trademarked content) or refer that illegal substances or their use or to any other illegal activities, or that in any way breach these Terms of Service, Our game policies, or any provisions of national and/or international laws or regulations.
N. are a misspelling or an alternative spelling in order to circumvent the requirements in connection with nicknames/usernames, clan names and descriptions, avatars, and signatures.
The above list is not exhaustive and does not represent the full list of requirements due to the ongoing development of the Game and its functionality. We reserve the right to determine what conduct We consider to be in violation of the Terms of Service in connection to usernames, clan names and descriptions, avatars, and signatures, and to take such disciplinary measures as We see fit, including Account termination, regardless of whether a specific behavior is listed in the Code of Conduct as inappropriate. We reserve the right to modify this Code of Conduct at any time.
The requirements apply when You access and use the Game and the Services and to all channels of communication, including but not limited to in-game chat messages as well as messages and comments in community groups.
8.2. Taking into consideration the constant development of the Game and the environment it operates in, for the purposes of safeguarding the idea behind the Game and the comfort of Game users, as well as for the purpose of preserving the common morally established norms of behavior, the Company is entitled to take any of the following measures (or a combination thereof) against the Accounts of users who fail to comply with this Code of Conduct or whom the Company suspects of failing to comply with this Code of Conduct, depending on the severity of the circumstances, and to publish the results accordingly:
a. Issuance of a warning by the Company.
b. Temporary or permanent suspension of Your Account in the future. Account suspension does not grant You the right to any refunds and/or compensation, even if at the time of the suspension, You had unused virtual goods. You acknowledge and agree that, in case of the temporary suspension of Your Account pursuant to this agreement, We are entitled to determine the duration of the suspension based on the severity of Your violation.
c. Rolling back of in-game progress that was derived from any actions that did not comply with these Terms of Service, the rules, and the Code of Conduct. Rolling back Your in-game progress doesn’t grant You the right to any refunds and/or compensation even if at the time of the rollback, You had any unused virtual goods.
d. Filing a corresponding civil action against Your violation of the applicable laws and regulations, claiming against You for Your infringement, breach of contract, or other civil liability, and claiming compensation from You in relation to any losses suffered by the Company as a result of Your violation of the law (including direct financial losses, loss of reputation or goodwill suffered by the Company, and the Company’s payment of compensation, settlement fees, attorney’s fees, litigation costs, and other indirect losses), or referring the case to the relevant administrative authority for administrative punishment, or referring the case to the judicial authorities for the purpose of pursuing Your criminal liability.
e. Restricting or prohibiting You from using game-specific features, including but not limited to making purchases in the Game.
f. Resetting content, including but not limited to resetting or forcibly modifying illegal usernames, pictures, comments, and any other illegal information or content that You provide or upload.
g. Resetting content, including but not limited to removing all or a portion of virtual goods and/or all or part of the game progress that was derived from or acquired as a result of any actions that were non-compliant with these rules and the Code of Conduct, or with Our Terms of Service, or from the use of any features of the Site or Service for anything other than their intended purpose.
The above list of measures is not exhaustive. We reserve the right to take any other actions that We deem appropriate.
In the event of a breach of any of the above, We will evaluate each incident on a case-by-case basis, and We will decide at Our sole discretion what actions, if any, We will take, without providing an explanation and/or informing the appropriate authorities.
8.3. We have no obligation to monitor or record Your access to or use of Our Services or any online activities within Our Services or to monitor, record, or edit any user-generated content, but You agree that We have the right to do so for the purpose of operating Our Services, to ensure Your compliance with these Terms, prevent cheating and hacking, reduce toxic player behavior, improve Our services, or to comply with applicable law, a court order, or any governmental authority. By accepting these Terms of Service, You give Us Your express consent to access and record Your activities.
8.4. If You find something offensive or if You encounter another user who is not complying with these Terms of Service and/or the Code of Conduct, please bring the matter to Our attention by contacting Our support team at support@totalbattle.com.
9.1. The Game and certain Services permit You to create and/or upload materials that You have created, such as, including but not limited to, nicknames and usernames, clan descriptions, gameplay, videos, posts, notes, suggestions, ideas, scripts, graphics, artwork, animations, fan art, screenshots, text, music, sounds, images, fan webpages, chat messages, and profile content, which can be communicated, posted, uploaded, or sent by You and is associated with Your Account (hereinafter referred to as “User-Generated Content” or “UGC”). Messages exchanged between players, whether via private in-game messages or public forums, are included within this definition of UGC.
9.2. We do not pre-screen, approve, or endorse Your UGC (or the UGC of other Game users) that You have uploaded or made available to other users via the Game or Our Services. You create, download, and use User-Generated Content at Your own risk. Nevertheless, by uploading Your UGC or making it available via the Game or Our Services, You automatically grant Us an exclusive, perpetual, transferable, freely sublicensable, permanent, worldwide, royalty-free, irrevocable right and license to store, publish, print, distribute, reproduce, copy, create and use derivative works from, fix, perform, adapt, display, publicly perform, modify, translate, exploit, distribute, transfer, host, sublicense, make available, communicate, and use Your UGC for any purpose, including but not limited to commercial purposes (e.g., for advertisement purposes), in whole or in part, within the Game or on any platform without providing any notice or further compensation to You, in any country, provided that We do not use Your UGC in a manner that violates Our Privacy Policy. You warrant and represent that You are the exclusive copyright and intellectual property rights holder in relation to the submission and that submission in no way breaches the rights of any other person or entity. You also agree to waive any right of approval for Our use of the rights granted herein and agree to waive any moral rights that You may have to Your UGC, even if it is altered or changed in a manner not agreeable to You. The license and terms above regarding applicable moral rights will survive any termination of these Terms of Service.
9.3. We may or may not regulate User-Generated Content, and We do not guarantee the accuracy, quality, or integrity of any User-Generated Content made available via the Service. By using the Service, You acknowledge and accept that You may be exposed to material You find offensive or objectionable. You agree that We shall not be responsible or liable for Your or others’ UGC.
9.4. If you upload UGC or make it available to other users via the Game or our services, you, among other things, agree to the following terms:
a. Any part of UGC that comprises, incorporates, or otherwise relates to any of Our IP rights becomes and remains Our property.
b. Your UGC must comply with applicable law and must not contain any materials which may be considered illegal, offensive, or defamatory towards third parties or Us and/or which could cause any reputational loss or embarrassment to Us.
c. Except where prohibited by law, You waive and agree not to assert any moral rights or similar rights You may have to Your UGC against Us.
d. If You create and/or upload any UGC, You are responsible and liable for it. We do not bear any liability or responsibility for your behavior or the content of your UGC, nor do we provide any support for UGC. We are not responsible for monitoring or recording any activity or communications in the Game, although We may do so in order to investigate violations of this agreement or in order to enforce it or to protect the rights and property of the Company and its customers.
e. You must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with Us.
f. You must not upload or make available to other users any materials that belong to third parties unless You have been expressly authorized by such third parties to do so.
g. You must not upload any UGC that infringes the intellectual property rights, privacy, or any other rights of third parties or that is illegal or breaches these Terms of Service.
h. If You have an idea or information that You would like to keep confidential and/or that you do not want others to use, do not make it available on the Service. We emphasize that We cannot guarantee that other users will not use the ideas and information that You share, and We shall have no responsibility to evaluate, use, or compensate You for any ideas or information You may choose to submit. When You disclose information or rely on any information on the forums, You do so at Your own risk.
i. Any UGC You upload or transmit (or attempt to upload or transmit) will be free of viruses, Trojan horses, RATs, time bombs, adware, spyware, worms, keyboard loggers, corrupted data, and other malicious or invasive code or programs that may damage, interfere with, or disrupt the operation of the Game, any system, data, or personal information, or the computers of other Game users.
j. We have no obligation, but We reserve the right to edit, move, block, disable, control, remove (temporary or permanently), and/or refuse to publish any UGC and/or to take any other actions that We deem appropriate in respect to UGC that We believe is against/does not fulfill any of the conditions above, without providing prior notice and without any degree of liability to You or any third party. We do keep records of the history of Your interactions within the Service and Your communications (including, without limitation, chat text) when You are using the Service. By agreeing to these Terms of Service, You give Us Your irrevocable express consent to such monitoring and recording. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Generated Content, including without limitation chat text or voice communications.
k. You agree to cooperate in resolving any dispute that may arise from Your UGC.
9.5. Taking into consideration the constant development of the Game and the environment it operates in, for the purposes of safeguarding the idea behind the Game and the comfort of Game users, as well as for the purpose of preserving common morally established norms of behavior, the Company is entitled to take any of the following measures (or a combination thereof) against the Accounts of users who fail to comply with these Rules regarding User Generated Content or whom the Company suspects of failing to comply with rules regarding User-Generated Content, depending on the severity of the circumstances, and to publish the results accordingly:
a. Issuance of a warning by the Company.
b. Temporary or permanent suspension of Your Account in the future. Account suspension does not grant You the right to any refunds and/or compensation, even if at the time of the suspension You had any unused virtual goods. You acknowledge and agree that, in case of the temporary suspension of Your Account pursuant to these Terms of Service, We are entitled to determine the duration of the suspension based on the severity of Your violation.
c. Resetting content, including but not limited to resetting or forcibly modifying illegal usernames, pictures, comments, and any other illegal information or content that You provide or upload. We reserve the right to edit, move, block, disable, or remove (temporarily or permanently) UGC or to take any other actions that We deem appropriate in respect to UGC that We believe is against/does not fulfill any of the conditions above.
d. Filing a corresponding civil action against Your violation of the applicable laws and regulations, claiming against You for Your infringement, breach of contract, or other civil liability, and claiming compensation from you in relation to any losses suffered by the Company as a result of Your violation of the law (including direct financial losses, loss of reputation or goodwill suffered by the Company, and the Company’s payment of compensation, settlement fees, attorney’s fees, litigation costs, and other indirect losses), or referring the case to the relevant administrative authority for administrative punishment, or referring the case to the judicial authorities for the purpose of pursuing Your criminal liability. We reserve the right to disclose Your identity to any third party that presents a valid claim that any of Your UGC infringes the aforementioned third party’s intellectual property or their privacy. We will also disclose Your UGC to third parties and governmental authorities on request where We are legally obliged to do so.
e. Restricting or prohibiting You from using game-specific features, including but not limited to making purchases in the Game.
f. Resetting content, including but not limited to removing all or a portion of the virtual goods and/or all or part of the game progress that was derived from or acquired as a result of any actions that were non-compliant with these rules and the Code of Conduct, or with Our Terms of Service, or from the use of any features of the Site or Service for anything other than their intended purpose.
The above list of measures is not exhaustive. We reserve the right to take any other actions that We deem appropriate.
In the event of a breach of any of the above, We will evaluate each incident on a case-by-case basis and will decide at Our sole discretion what actions, if any, We will take, without providing an explanation and/or informing the appropriate authorities.
We do keep records of the history of Your interactions within the Service and Your communications (including, without limitation, chat text) when you are using the Service. By agreeing to these Terms of Service, You give Us Your irrevocable express consent to such monitoring and recording. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User-Generated Content.
10.1. Access to the Game and basic gameplay features is free of charge. However, the Game may permit You to purchase premium content, including but not limited to rights to use virtual items and virtual currency, access to additional features, and additional in-game services (hereinafter collectively referred to as “Virtual Goods”). You acknowledge and agree that You purchase only the rights to use the Virtual Goods (which are intellectual property themselves) under a non-exclusive, revocable, personal, non-transferable, non-sublicensable, non-commercial, and limited license only in connection with Your use of the Game. The Virtual Goods remain the property of the Company at all times, and We have the absolute right to control, regulate, reform, and/or remove such Virtual Goods at Our sole discretion without having any liability to You based on our ability to exercise to this right. You have no ownership with regard to any of the Virtual Goods You unlock, and You can’t transfer them to someone else. These Terms of Service should not be construed as a sale of any rights to Virtual Goods. In order to purchase Virtual Goods when using the Game via the Site, You need an Account. You are solely responsible for all purchases made through Your Account, regardless of whether or not they were authorized by You.
10.2. Before purchasing Virtual Goods from Us, You, among other things, must ensure that:
a. you either are at least 18 (eighteen) years old or older if required by applicable law or, if You are under the age of 18 (eighteen), that Your parent or legal guardian has agreed to and accepted the respective purchase and these Terms of Service on Your behalf;
b. you are the authorized Account holder for the Account from which the purchase is being made, and You are authorized to use the particular payment details (i.e., credit card);
c. all information You submit is true and accurate;
d. you agree to pay all the fees, commissions, and charges associated with Your purchase.
10.3. When making online purchases in the Games, You agree that the process of executing these purchases will start immediately and accept that You will lose any right to withdraw and/or to terminate Your purchase once the purchase has been processed.
10.4. In case Your account is closed, terminated, suspended, blocked, modified, or deleted for any reason, including but not limited to in case of infringement of any requirements, rights, or other terms and conditions stipulated in these Terms of Service and/or Our Policies, or if We discontinue Our Games, You forfeit any and all Virtual Goods that You have earned or purchased. We are under no obligation to compensate You or anyone else for any resulting losses.
10.5. The prices for Virtual Goods are set in euros, US dollars, or whichever currency is applicable to the country You are located in. Prices are displayed either in the description of the corresponding Virtual Goods or on the “Buy” button. To make a purchase, You should click on the “Buy” button.
10.6. After clicking on the “Buy” button, You will be presented with the option to choose a payment method and enter the respective payment details. We support payments via Visa™, MasterCard™, and Maestro™ debit/credit cards, along with a number of other payment methods, depending on Your region.
10.7. Please note that We do not store any of Your payment details on Our servers. The Company itself does not perform any payment processing. Provision of payment processing is performed solely by third-party platforms, such as Apple (iOS), Google (android), the desktop and Steam clients, and Facebook. If You play Our games on such platforms, You must also comply with all the terms and conditions set out by those third-party platforms. The charging and billing in such Games are subject to the rules of the relevant platforms. SCOREWARRIOR LIMITED disclaims any liability of any nature for such platforms’ actions.
10.8. If any of Our associate payment service providers bring to Our attention that the personal and/or financial information You provided is untrue, inaccurate, or incomplete, We have the right to annul the related financial transactions, to revoke all associated software licenses that were acquired via such transactions, and to refer the details of such incidents to the appropriate authorities.
10.9. Before You confirm Your purchase by clicking on any button to finalize the purchase process or by carrying out another action (e.g., sending a message), You must carefully review the details of Your purchase, including but not limited to the selected payment method and total price, including all applicable taxes and charges. If You find any errors, You should correct them or cancel the purchase.
10.10 Please note that We do Our best to process and complete Your purchases as fast as possible, but under certain circumstances, We may need up to 72 (seventy-two) hours to complete Your purchase. Such circumstances may include, among other things, Your internet connection failing at the moment when You finalize the respective purchase, errors and/or connection failures on the side of the payment service provider, etc.
10.11 In most cases, the aforementioned period of 72 (seventy-two) hours is enough for the payment service providers either to process Your payment (so that We can complete it) or to automatically refund the full price of Your purchase. In case none of the above has happened after the expiration of the aforementioned 72 (seventy-two) hours, please contact Our support team at support@totalbattle.com.
10.12 Please be aware that in respect to Virtual Goods, We reserve the following rights:
a. To offer different sets and/or prices for the Virtual Goods that are available for purchase to different users of the Game.
b. To modify the sets and/or prices of the Virtual Goods available for any user of the Game at any time and at Our sole discretion.
c. To change the price of Virtual Goods at any time at Our sole discretion.
d. To decline Your request to acquire Virtual Goods at Our reasonable discretion.
10.13 Additionally, the following rules, among others, also apply to Virtual Goods:
a. Virtual Goods may be redeemed for other Virtual Goods only where permitted in the Game. Virtual Goods are not redeemable for any sum of money or monetary value from Us or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law.
b. Once You have purchased Virtual Goods, those Virtual Goods are final, non-refundable, and non-exchangeable (whether or not You use them) unless otherwise expressly stated in these Terms of Service or required by applicable law. If You believe that You are entitled to request a refund according to Our Terms of Service, Refund Policy, and Payment Policy, please contact Our support team at support@totalbattle.com. Our processes are set up to ensure that all rightfully claimed refunds are granted. In order to prevent fraud, if more than one chargeback happens with respect to Your game account, We reserve the right to permanently suspend the account.
c. Any applicable fees and other charges on Your Account for Services fully provided by Us are not refundable, except as set forth in these Terms of Service or as is required under applicable law.
d. You cannot sell or transfer or attempt to sell or transfer Virtual Goods to anyone unless otherwise permitted in the Game and such actions are carried out in the special in-game interface.
e. You may only acquire Virtual Goods from Us or other users of the Game via the special interface within the Game.
f. Virtual Goods cannot be exchanged for cash or any other goods or services, except other Virtual Goods as permitted in the Game.
10.14 Right of withdrawal: If You are a resident of the European Union, You have the right to withdraw from a purchase of Virtual Goods within 14 days of Your purchase. However, this right of withdrawal does not apply in cases where the performance of Our Services begins before the end of the 14-day period. You hereby expressly acknowledge that You lose Your right of withdrawal once the performance of Our Services has begun and Your account has been provided with access to the Virtual Goods. You agree that the supply of Virtual Goods and the performance of Our Services begin immediately after You complete Your purchase. Therefore, You understand that by purchasing Virtual Goods, You acknowledge that We make Virtual Goods available to You immediately after We have accepted Your order and that once access to the Virtual Goods has been enabled on Your Account, the contract has been fully performed by Us.
11.1. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Game or any Service to which it connects, with or without providing prior notice and without any liability to You.
12.1. We may from time to time automatically provide enhancements or improvements to the features/functionality of the Game, which may include patches, bug fixes, error fixes, fixes for game vulnerabilities, updates, upgrades, additional content, and other modifications (hereinafter “Updates”) by giving You reasonable notice or without providing any prior notice if it is not practicable for Us to do so.
12.2. We reserve the right to stop/interrupt the Game during Updates at any time, including but not limited to during any game events, for the necessary period by giving You reasonable notice or without providing any prior notice if it is not practicable for Us to do so. Such interruptions may cause You to lose access to the Game temporarily and/or cause You setbacks within the Game or in other aspects of Your use of the Game. These interruptions are sometimes required in order to enable Us to continue to maintain the Game.
12.3. Updates may improve, update, upgrade, limit, modify, replace, discontinue, or delete certain features and/or functionalities of the Game, its graphics, gameplay, and any other content at any time. We may also need to change or discontinue such features for all or any users from time to time for reasons including technical, legal, financial, or business factors. You hereby accept, recognize, understand, and agree that We have no obligation to (i) provide any Updates, (ii) continue to provide or enable any particular features and/or functionalities of the Game to You, or (iii) provide You with any refunds or compensation in relation to Updates and/or in relation to the time that the game was under maintenance (the time for which the Game was interrupted). You acknowledge that Your use of the Game does not confer on You any interest, monetary or otherwise, in any aspect or feature of the Game, including but not limited to any in-game Virtual Goods or character levels, and that any character data, game progress, game customization, or other data related to Your use of the Game may cease to be available to You at any time without prior notice from Us, including, without limitation, after a patch, update, or upgrade has been applied by Us. We do not have any maintenance or support obligations with respect to the Game.
12.4. You further agree that all Updates will be (i) deemed to constitute an integral part of the Game and (ii) subject to the terms and conditions of these Terms of Service.
13.1. Some 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 television 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.
13.2. We advise that parents should monitor the use of the Game by their children. If You or Your child experiences any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement, or convulsion while playing the Game, DISCONTINUE THE USE OF THE GAME IMMEDIATELY and consult Your doctor.
13.3. Some individuals may experience discomfort (such as motion sickness, dizziness, or eye strain) when playing the Game. If You experience such discomfort, stop playing and rest until it has subsided. Consult a doctor if the discomfort continues.
13.4. Precautions to take during the use of the Game:
a. Do not stay too close to the screen. Sit a good distance away from the screen.
b. Preferably play the game on a small screen.
c. Avoid playing if You are tired or have not had much sleep.
d. Make sure that the room in which You are playing is well lit.
e. Rest for at least 10-15 minutes per hour while playing the Game.
14.1. On some of Our Sites, We expressly designate certain Content, such as game-related images, graphics, or artwork and trademarks as being “for community use” (In these Terms of Service, We refer to this specifically designated Content as “Community Content”).
14.2. We grant You a non-exclusive, revocable, personal, non-transferable, and limited license to reproduce and redistribute Community Content on Our games Community. This license is conditional upon You complying with the following provisions:
a. You acknowledge and agree that We retain ownership of the Community Content and have the right to amend, delete, add to, or otherwise modify any of it at any time.
b. You agree to include the Company’s trademark, copyright, or other proprietary rights notices when displaying Community Content if We request You to do so and in the manner that We request You to do so.
c. Except as expressly permitted in these Terms of Service, You shall not rent, lease, reproduce, modify, translate the Community Content, or make an adaptation of (including without limitation fiction or visual art), or in any way exploit, any of the Content without Our express written permission.
14.3. If You fail to comply with any of the terms set out in this section, We reserve the right to terminate Your licence in relation to Community Content and also to close Your Account in accordance with section 17 “Termination of the Terms of Service”.
15.1. If any of the provisions of these Terms of Service regarding consumer rights contradict any of the provisions of applicable consumer protection law, the respective provisions of these Terms of Service shall not be applied.
16.1. The Game may display, include, or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services (hereinafter “Third-Party Services”).
16.2. Third-Party Services may collect data from You. You acknowledge and agree that the Company does not control such Third-Party Services and shall not be responsible for any Third-Party Services, including their content, the accuracy and completeness of their policies, their timeliness, validity, copyright compliance, legality, decency, quality, and the collection, use, or disclosure of any information that the relevant Third-Party Services may collect, as well as any other aspect thereof. We do not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.
16.3. Third-Party Services and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to the relevant third parties’ terms and conditions.
17.1. These Terms of Service shall remain in effect until terminated by You or SCOREWARRIOR LIMITED.
17.2. SCOREWARRIOR LIMITED may, at its sole discretion, at any time and for any or no reason, suspend or terminate these Terms of Service with or without providing prior notice.
17.3. Termination by SCOREWARRIOR LIMITED:
a. We reserve the right to suspend Your Account either temporarily or permanently in case of infringement of any requirements, rights, or other terms and conditions stipulated in these Terms of Service and/or Our Policies. Without limiting any other rights of SCOREWARRIOR LIMITED, these Terms of Service will terminate immediately, without prior notice from Us, in the event that You fail to comply with any provision of these Terms of Service.
b. If Your Account is suspended (or blocked) temporarily, You will not be able to access Your Account or use the Game and the Services or any Virtual Goods for the duration of the suspension.
c. If Your Account is suspended (or blocked) permanently, You will not be able to access it or use the Game or any of the Services. We may also prohibit You from accessing or using the Game or any of the Services in the future. Permanent suspension will also mean that We close Your Account and terminate these Terms of Service between You and Us.
d. Account suspension doesn’t grant You the right to any refunds and/or compensation, including for any losses and/or damages, even if at the time of the suspension, You had any unused Virtual Goods.
e. We reserve the right to terminate any Account (i.e., the Terms of Service and all rights it grants You) that has been inactive for 5 (five) years, even if purchases have been made from that account and regardless of the level reached in the Game. We have no obligation or responsibility to and will not reimburse or refund You for any unused Virtual Goods that are lost due to such an Account termination. Upon such termination, Your personal information will be destroyed, and We won’t be able to restore it. Additionally, We reserve the right to terminate any Account that has been inactive for 30 days if that account was registered 90 days ago or more, no purchases have been made from the relevant Account, and if the user hasn’t reached a certain level in the Game. We are under no obligation to compensate You for any such losses, damages, or results.
f. If You believe that Your Account has been suspended in error, please contact Our support service at support@totalbattle.com.
17.4. Your right to delete Your Account and terminate these Terms of Service without reason:
a. You may close Your Account and terminate these Terms of Service at any time without reason by contacting Our support service at support@totalbattle.com. Please note that if You try to communicate with Our support service via email, You may be prompted to complete the verification procedure, whereby You select the in-game “support” button so that You can verify Your in-game identity, whereas if You try to communicate with Our support service by pressing the in-game “support” button, You may be prompted to complete the verification procedure by submitting the request via the email address registered to the Game Account. As soon as the above process has been completed, You will be asked to confirm the deletion of Your Account, and/or You will be informed that We will proceed to the deletion of Your Account, and you will be notified as soon as it has taken place. Kindly note that if You confirm the deletion and/or are informed that We will proceed to the deletion of the Account, Your account will be deleted within 30 (thirty) days after the initial confirmation, rendering it impossible to reactivate Your deleted account. If You choose to close Your Account and terminate these Terms of Service, You won’t be entitled to any refunds or compensation, including for any losses and/or damages, even if at the time of the closure You had unused Virtual Goods.
b. You may also terminate these Terms of Service by deleting the Game and all copies thereof from Your mobile device or from Your computer.
c. Please note that Your game progress as well as all purchased Virtual Goods are directly linked to the existence of Your account. If You decide to close Your account and terminate these Terms of Service, or if We terminate Your account for any reason mentioned above, Your progress and any purchased Virtual Goods will be lost forever, and We won’t be able to restore them, even if You change Your mind afterward.
17.5. Upon termination of these Terms of Service, the Company will take all reasonable steps to destroy or de-identify Your personal information. You acknowledge that some information about You may be retained where required by applicable law or for data back-up purposes.
17.6. Upon termination of these Terms of Service, You shall cease all use of the Game and delete all copies of the Game from Your mobile device or from Your computer.
17.7 Termination of these Terms of Service will not limit any of SCOREWARRIOR LIMITED’s rights or remedies at law or in equity in case of breach by You (during the term of these Terms of Service) of any of Your obligations under the present Terms of Service.
18.1. You may not assign or delegate these Terms of Service, Your rights and obligations under the Terms of Service or Our Policies, in whole or in part, to any person or entity at any time with or without Our prior written consent, and any attempt to do so will be null and void.
18.2. We may assign or delegate these Terms of Service, Our rights and obligations under these Terms of Service, and/or Our Policies, in whole or in part, to any person or entity at any time with or without Your consent.
19.1. We need to employ built-in tracking systems/features in order to collect information regarding how You use Our Games and to improve Our Services. However, We track only Your game activities and nothing outside Our Games.
20.1. As far as permitted by law, the laws of Cyprus and EU law, excluding conflicts of laws, shall govern these Terms of Service, its subject matter and formation, and any dispute or obligation relating to the same and Your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws.
20.2. In the event of any controversy or claim arising out of or relating to these Terms of Service, including their existence, validity, termination, or breach thereof, before filing a suit, You agree to first attempt to informally negotiate any complaint with SCOREWARRIOR LIMITED. We and You shall consult and negotiate with each other and thus attempt to reach a satisfactory solution. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a claim. If a satisfactory solution is not reached as a result of mutual negotiations, all the aforementioned disputes shall exclusively be submitted and settled by the courts of general jurisdiction of the Republic of Cyprus in accordance with the laws of Cyprus and EU law, and each party waives any objection to the jurisdiction and venues of these courts. We reserve the right to seek cancellation of any injunction relief in any jurisdiction where We deem it necessary.
21.1. If You are a resident of the United States of America, to the maximum extent permitted by applicable law, You and SCOREWARRIOR LIMITED agree that for disputes arising between Us and You, or any other user of the game, that are not settled in mutual negotiations: (i) that each claim is personal to You and SCOREWARRIOR LIMITED, and We can only bring claims against each other on an individual basis as an individual court proceeding, and not as a class action, consolidated action, or other form of representative action; (ii) that You expressly waive any right to file or join or participate in a class action or to seek relief on a class or consolidated or representative basis; and (iii) that the court may only conduct an individual court action, may not consolidate more than one individual’s claims, and may not preside over any form of representative or class proceeding relating to such claims.
22.1 Headings and Captions. Any section headings and captions contained in these Terms of Service are inserted for the convenience of reference only and are not intended to limit the Terms of Service.
22.2. Inclusive Language. The words “include,” “includes,” and “including,” and other derivations thereof should be read as if followed by the phrase “without limitation.”
22.3. Language. The English version of this policy is the only original version; any translations are provided for reference purposes only. The English version shall prevail in the event of any differences, questions, or disputes concerning the meaning, form, validity, or interpretation thereof.
22.4. Cooperation with Law Enforcement and Investigations. We reserve the right to investigate and prosecute any suspected breaches of these Terms of Service and/or other Policies and may disclose any information as necessary to comply with any law, regulation, legal process, government, or governmental authority and regulatory requests.
22.5. Severability. If any provision of these Terms of Service is held to be unenforceable or invalid for any reason, the relevant provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law and shall not affect the validity and enforceability of the remaining provisions which will continue in full force and effect.
22.6. Waiver. Except as provided herein, the failure or delay to exercise a right or to require the performance of an obligation under these Terms of Service shall not affect a party’s ability to exercise that right or require the relevant performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
22.7. Entire Agreement. Access to and use of the Game is subject to these Terms of Service, Our EULA, Privacy Policy, Payment Policy, and Refund Policy. These Terms of Service and any document or information referred to in this agreement constitute the entire agreement between You and SCOREWARRIOR LIMITED regarding Your use of the Game and supersede all prior and contemporaneous written or oral communications, agreements, or discussions between You and SCOREWARRIOR LIMITED. These Terms of Service govern Our relationship with You. They do not create any right for any other person unless otherwise expressly stated in these Terms of Service.
23.1. Please address all Your questions, complaints, or comments regarding these Terms of Service to Our support service at support@totalbattle.com.
23.2. Please note that We are always happy to provide support to You in relation to technical problems/difficulties that You may encounter while using the Game. However, please be aware that technical support is available solely during the working hours of the technical support team, and thus, it might take extra time to attend to Your query, in which regard the technical support might not meet Your expectations.
23.3. Please note that We may occasionally send You emails containing offers, promotions, and/or information of interest. To opt out of receiving emails from Us, please follow the unsubscribe instructions contained in the relevant emails or contact Us at support@totalbattle.com. Our applications may also send notifications to Your phone.
Last Update: May 8, 2023
Previous versions: before May 8, 2023
1. Introduction
2. Definitions
3. Who is the Data Controller
4. Age Restriction
5. Information We Collect and How
6. Authorization Through Social Networks
7. Purpose of Processing Personal data
8. Legal Basis for Processing Personal data
9. Retention Period
10. The Security of Your Personal Data
11. Information We Share - Data Transfer
12. International Transfers
13. Cookies
14. Your Rights
15. Do not track signals
16. Contact Us
17. National Data Protection Authority in Cyprus
18. Links to other Websites
19. Additional Information for California Residents
20. Nevada Residents
21. Changes to the Privacy Policy
22. Final Provisions
1.1. This Privacy Policy applies to our online browser game (hereinafter referred to as the “Game”) and is available through the following means:
a. Our website totalbattle.com (hereinafter referred to as the “Site”);
b. Our mobile application for the Game (hereinafter referred to as the “Mobile Application”);
c. Our downloadable clients of the game: Desktop client and Steam™ client (hereinafter referred to as the “Game client”);
d. Our game in Facebook™ App center (hereinafter referred to as the “Facebook™ App”);
and to any other services (hereinafter collectively referred to as the “Services”) related to the game that are offered by SCOREWARRIOR LIMITED (HE348535 Republic of Cyprus) located at: 16 Spyrou Kyprianou Avenue, Divine Clock Tower, 1st floor, 3070 Limassol, Cyprus (hereinafter referred to as the “Company”, “we”, “our”, or “us”). This policy outlines how we collect, use, process and treat your personal information when you search for information about the Game or register or download the Game, create an account, and play the Game.
This Privacy Policy (together with our Terms of Service and any other documents referred to in it) is made to provide clarity about the types of information we collect about you and how we use it to provide a better gaming experience, how we keep it secure, in which cases we will share it with third parties, as well as the rights you have concerning your Personal data. By accepting our Privacy Policy and Terms of Service you consent to our collection, storage, use, disclosure and transfer of your personal information as described in this Privacy Policy. This Privacy Policy fully respects the entire legal framework regarding the protection of personal data and especially the EU 679/2016 Regulation “On the protection of natural persons with regard to the processing of Personal data and on the free movement of such data”. If you object to anything described in this Privacy Policy, please do not use our Services.
1.2. We are committed to protecting and respecting the personal data of everyone we deal with - that is important to us, and we know it is important to you. An overall principle is that we do not collect more information than is reasonably necessary to provide you with the best user experience.
1.3. California Consumer Privacy Act & Nevada Residents: If you are a California or Nevada resident, as defined under California Law and Nevada Law accordingly, we have prepared a supplemental privacy policy in compliance with the California Consumer Privacy Act of 2018 (“CCPA”) and Nevada law (NRS 603A.340). For more information and to review our California and Nevada Privacy Notice, please refer to section 19 and 20 of this Privacy Policy.
2.1. For the purposes of this Privacy Policy:
a. “Personal data” means data that relates to you as an identified or identifiable natural person. Anonymous or de-identified information, which we are not able to identify you, does not qualify as “Personal Data”;
b. “Data subject” (or “user” or “player”) is any living individual who is using our Service and is the subject of Personal Data;
c. “Processing” means any operation or set of operations which is performed on Personal data or on sets of Personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
d. “Data controller” means the natural or legal person, public authority, agency or other body which determines the purposes and means of the processing of Personal data;
e. “Data processor” means a natural or legal person, public authority, agency or other body which processes Personal data on behalf of the data controller;
f. “Usage data” is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit);
g. “Cookies” are small pieces of data stored on your device (computer or mobile device);
h. “Methods of processing” means all actions (operations) that may be taken regarding the Personal data, whether or not by automated means, including, but not limiting to: collection, recording, systematization, structuring, accumulation, storage, refinement (updating, amending, processing), search, selection, extraction, use, examination, disclosure by transfer (distribution, provision, mail out, or other way of providing access), grouping or combining, selecting, depersonalizing, blocking, deleting, erasing or destroying, - as well as carrying out any other actions stipulated by the law, using automation tools, including information and telecommunication networks, or without using such means, if the processing of Personal data corresponds to the nature of the actions (operations) performed with Personal data using automation;
i. “GDPR” is the EU General Data Protection Regulation 2016/679.
3.1 For the purposes of the relevant data protection legislation, the Data controller is the legal person “Scorewarrior Limited”, a Cyprus company, having its registered office at 16, Spyrou Kyprianou Avenue, Divine Clock Tower, 1st Floor, 3070 Limassol, Cyprus, phone +357 25 211 945, e-mail: dpo@scorewarrior.com.
4.1. Children under the age of 13 should not create an account or access the Services at all. We do not knowingly collect or store any personal information from children under the age of 13. In the event that we confirm that we inadvertently gathered personal information from a child under the age of 13, we will promptly delete the information from our records and terminate the account associated with it.
4.2. As explicitly stated in our Terms of Service, registering for the Game and creating an account is not permitted for individuals who have not reached the age of 18 or the age of legal capacity stipulated by applicable local law, over which is allowed to enter into binding agreement with us, unless you have viewed this Privacy Policy with your parent or legal guardian and they have agreed to this Privacy Policy on your behalf. If you are under the specified age, you must obtain permission from one of your parents or legal guardians in the form and manner required by the local legislation of the country of your residence or domicile. If you are under the age of 18 or the age of legal capacity stipulated by applicable local law and you don’t have your parent or legal guardian consent, please do not register in the game. By reading and accepting our Terms of Service and this Privacy Policy you acknowledge and confirm that you are at least 18 years of age or the age of legal capacity stipulated by applicable local law. If you are between the ages of 13 and 18 (or other age of full legal capacity stipulated in your country), please ensure that your legal representative, parent, or legal guardian has read and accepted this Privacy Policy before registering in the Game.
4.3. We do not knowingly collect personal information about persons under the age of 18 or the age of legal capacity stipulated by applicable local law in cases where we can control it. For example, it is not possible to control information that is communicated to us online.
4.4. If we are informed by a parent or legal guardian that we have collected any personal information from a person under the age of 18 or the age of legal capacity stipulated by applicable local law (in accordance with Article 8 of the GDPR), without parental consent, we will delete the information from our records immediately and we will terminate the account (if any). If you believe we may have collected information from a person under the age of 18 or the age of legal capacity stipulated by applicable local law, without parental consent, please contact us.
4.5. We encourage all parents, guardians, and others of the age of legal majority to instruct children to never give out their real names, addresses, phone numbers or other personal information without permission when using the internet.
5.1. We obtain information about you through different means. We collect information directly from you, automatically through your use of our Service and from third parties. We may combine the information that we obtain from these various sources.
5.2. Information you give us directly / Personal data: when you use the Game, make purchases or contact us directly through email or other means, you may give us information about you. This includes but is not limited to information you provide when you register or use the Game, subscribe to our Service, or when you report a problem with our Game. It is important that the information you provide is truthful and accurate. When you place the data independently, we accept them as accurate and complete. We cannot be held responsible for the inaccuracies or incompleteness in the information you provide. If inaccurate information is provided, we may not be unable to confirm your ownership of your account in future. The information you give us may include:
a. Your email address;
b. Your first and last names and/or username and game account ID;
c. Your age or date of birth;
d. Your gender;
e. Your location and time-zone;
f. Your address;
g. Your telephone number;
h. Details we collect to help process purchases you make, like desired payment method, payment amount, payment terms, name and surname, location, telephone, e-mail during payment, credit card details/ IBAN, data of depositor if differs from the person making the payment, order history, refunds;
i. Interface display language;
j. Your in-game chat messages and history, as well as your in game journal notifications;
k. Your public posts or comments, as well as any game reviews and feedback you submit about our Service;
l. History of all your actions in the Game and/or any blocking;
m. History of your purchases of Virtual Goods;
n. Your messages sent to our Support and history of all inquiries including your name and email address as well as any other content included in the message;
o. Marketing data including your preferences for receiving marketing from us and our third parties;
p. We may also collect certain data (like IP address, username, time of entry and re-entries etc.) that is required for our detection, investigation, and prevention of cheating in the Game, Terms of Service and EULA violations. These data are used for the purposes of detection, investigation and prevention of frauds and cheating in the Game. If the data can be used to prove that cheating or another fraud, or Terms of Service or EULA violation has occurred, we will further store the data for the establishment, exercise, or defense of legal claims during the applicable statute of limitations. Please note that the specific data stored for this purpose may not be disclosed to you or any third parties, since the disclosure will compromise the mechanism through which we detect, investigate, and prevent frauds and cheating in the Game, as well as other Terms of Service and EULA violations. In such cases we might also need to pass your information to fraud prevention agencies, or any other related organizations involved in crime and fraud prevention, such as the police;
q. If you reside in the EU, we may use your data for the purpose of including it in VAT invoices, where we are legally required to do so;
r. Information you provide to help us improve our Service (such as answers to an online survey);
s. Data provided by you voluntarily, that we do not request.
5.3. Information we collect about you automatically through your use of the Service/ Usage data: we automatically collect information when you play our games, interact with our applications or website, and other Services. This includes but is not limited to data about the device and browser you are using, game ID, account registration date, data related to your in-game activity such as the way you play the game, your progress, preferences, levels, profile visits, session length, and in-game purchases. We also collect demographic information, geographic and geo-location information, application usage data, statistical or aggregated information which does not directly identify a person, but it may be derived from personal data, and the information that you provide us with directly. The collection of this information may involve the use of cookies and similar technologies. For more information, please refer to the proper section of this policy and to our Cookies Banner.
5.4. Information we receive from other sources: If you use any of the other platforms that we provide our Services on, we may receive information about you from these platforms, our partners, or third parties. This information may include your relevant identifier, email or nickname. In some cases, our partners act as personal data controllers, and we receive your personal data as data processors. This means we use the data in accordance with their policies, instructions, and applicable laws, including the EU Regulation 2016/679 (the General Data Protection Regulation). We may also receive information about you from our partners, including but not limited to Facebook, Google (Android), Apple (iOS), business partners, payment services, advertising networks, analytics providers, search information providers and credit reference agencies. However, our partners, not us, are responsible for your account on their platforms, and we recommend that you review their privacy policies.
a. Information we collect from publicly available sources. We may use information that is made publicly available online, such as through YouTube or Facebook, community pages, in order to find out your opinion about our Games and Services and improve our Games and Services. Such data collection can be carried out by our Company independently or received from our partners. We may also receive information from other individuals who use our Services. This may include information about you if you are mentioned in comments on our forums, chat rooms, or other Services, or if an individual sends us a direct message, for example, about an alleged breach of our Terms of Service. Players may report each other and submit information about their in-game activity and actions to help us determine if the reported behavior constitutes a breach of our Terms of Service.
b. Payment Service Providers. When making online purchases in the Game, our Payment Service Providers perform the processing of your payment, and we do not collect or store your financial data such as credit card numbers or bank account details. However, the information you may provide to our Payment Service Providers may include your desired payment method, amount, payment terms, name, surname, place, telephone, and e-mail during payment as well as your full credit card details or IBAN or the data of the depositor if it differs from the person making the payment. While we do not have access to your credit card information, we may receive and process certain information from our Payment Service Providers to fulfill your purchase, such as your name, surname, billing address, a portion of your credit card number, transaction date, time, amount, I.D, credit card issuer and email. We do not directly access or store your credit card information, and we will only use the information as necessary to fulfill your purchase and communicate with you about your transaction.
c. Information from other platforms, such as Facebook™ accounts. We may also receive and use information on other platforms like Facebook, App Store, Google Play Store, so that you can play our Game through these platforms. For example, if you register as a user of our Services using your Facebook account and link your game account to it, we may access information about you that you have voluntarily provided Facebook in accordance with their policies, including but not limited to: your name, age, gender, Facebook ID number, list of friends and location. The information we receive depends on your privacy settings on these third-party platforms. We recommend that you carefully read the terms of service and privacy policy of these platforms to understand how your personal data is used and shared, and if necessary, to modify your privacy settings directly on their service. We might use this information for the same purposes as described in this privacy policy, including advertising some services to you.
d. Social Network/media or Game content on other websites. We have registered Game – related group accounts and pages at social networks like Facebook™. Users can communicate with us through these accounts and pages for any questions and/or suggestions and/or updates. In case you create an account through our game in Facebook™ App center, we may get and/or receive information relating to your Facebook™ account. All personal data collected from these sources will be processed and stored in accordance with the General Data Protection Regulation.
6.1. We may also collect Personal data that you have allowed to be publicly disseminated, such as information from public registers, third party websites or social media.
6.2. We do not collect your social network login or password from your social network account. When you connect your social network account to our Services, you will be prompted to enter your login and password directly on the social network’s website or application.
6.3. When you connect to the Game or use the Game through your social network account, we may request access to certain information stored on the social network. We only use this information in accordance with your privacy settings that you have set up for your social network account. We will not store this information, and we will only use it to enable you to use the Game at the time of access.
6.4. The Data processor and Data controller are not responsible for any personal data that you provide in a publicly accessible form, such as on forum pages, in the game or on social networks. Any personal data that you voluntarily make publicly available on your user profile, or disclose by leaving comments, will be publicly available and viewed by others. We cannot take responsibility for any information you voluntarily disclose through such explicit acts.
7.1. We only use personal information collected through any of the Sites, Game and Services for the purposes described in the Terms of Service and below in this Privacy Policy. For example, we may process your personal information:
a. To respond to your submissions, questions, comments, requests, and complaints and provide technical and customer support;
b. To monitor and analyze usage of the Game and trends in order to personalize and improve the Game and experience of our users while using any of the Sites, Game or Services;
c. To provide you and others with relevant content, ads in -game offers and features that match your preferences or the preferences of others;
d. To increase functionality and general quality of the Game;
e. To send you confirmations, updates, security alerts, account related announcements and support/administrative messages;
f. For marketing campaigns purposes, including (without limitation) email marketing campaigns;
g. To provide promotions and competitions and conduct surveys;
h. To detect, address, prevent and prosecute cheating, fraud, abuse, crime, potential threat, and misuse of our Services and to verify your compliance with our Terms of Service and our policies
i. To create, verify, recognize, protect and manage user accounts;
j. To facilitate, verify and confirm payments;
k. To meet legal and tax obligations as well as to carry out financial, regulatory and management reporting, audit and record keeping and to respond to legal processes, comply with applicable laws and governmental or regulatory requirements in any relevant jurisdiction, including, without limitation, the obligation to make disclosures as required by any law that is binding on us;
l. To provide and maintain our Services;
m. To trace and correct failures in our Services and prevent further or similar failures in future;
n. To notify you about changes to our Service;
o. To allow you to participate in interactive features of our Services when you choose to do so;
p. To enable and moderate communications between players either automatically or manually;
q. To gather analysis or valuable information so that we can improve our Service;
r. To detect, prevent and address technical issues;
s. To protect our security, safety, and property rights and to enforce our legal rights;
t. To enforce our Privacy Policy and Terms of Service and comply with our contractual obligations;
u. To prevent or stop any activity that we, in our sole discretion, may consider to be illegal, unethical, or pose a risk of being legally actionable;
v. To protect any user or third party or the general public;
w. To use as evidence in litigation;
x. For any other purposes, which we believe are necessary and for which the information is collected;
y. Custom Audience Services. We may also use your information for Custom Audience Services to reach people (or people who look like/have similar characteristics to other people) who have used our Services or visited our Game, or are identified in one or more of our databases, by sharing a list of hashed email addresses. Specifically, we use Facebook Custom Audiences and Google Audiences to serve ads to our players on Facebook and on other websites. Additionally, we use Facebook Lookalike Audiences and Google Similar Audiences to serve ads to users on Facebook and on other websites who are similar to our players. Marketing agencies, advertising partners, and website hosts may act as our processors or in certain contexts, they may act as data independent data controllers and independently decide how to process your information. We recommend you review their Privacy Policy and Terms of Use. To opt out of us sharing your hashed email addresses for Custom Audience Services, contact us at dpo@scorewarrior.com, and specify that you wish to opt out of Custom Audience Services. We will remove your email addresses from any subsequent lists shared with marketing agencies, advertising partners, and website hosts for purposes of Custom Audience Services, and we will inform you accordingly.
8. Legal Basis for Processing Personal data
8.1. According to Article 6.1 of the GDPR, we rely on the following legal bases for the collection and use of your personal information:
a) You have given your consent to the processing of your Personal data for one or more specific reasons. We may sometimes ask your consent to collect other information from you or your device. In such instances, we will inform you about the information we would like to collect, the reason we need it and what we will use it for. You have the right to withdraw consent at any time.
b) Processing is necessary in order to enter into or perform a contract or take steps to enter into a contract with you, such as our Terms of Service. For example, we may need to use your information in order to provide you with the information, products and Services that you request from us or information about goods and Services we feel may interest you, to notify you of changes to our Service etc.
c) Processing is necessary for compliance with legal obligations we are subject to. For example, to prevent fraud or potentially illegal activities and, to take action against fraudulent or misbehaving players, or to keep our Service and its features safe, we may use your data.
d) Processing is necessary for the purposes of our, or others’ legitimate interests, except where such interests are overridden by your interests, rights, or freedoms, such as for the purposes of data analysis, improving our Services, testing, research, and surveying, as well as for the purposes of marketing and promotion of our products (when we do not need your consent). We may also use your information to ensure the proper function, security and integrity of our Services, address customer support issues, enforce our Terms of Service, prevent fraud and potentially illegal activities or violations of our Terms of Service and policies.
9.1. We retain Personal data for as long as is necessary for the purposes set out in this Privacy Policy in accordance with applicable laws or as is otherwise necessary to comply with our legal obligations, prevent fraud, resolve disputes and to enforce our legal agreements and policies. To determine the appropriate retention periods, the main criteria we consider often include the minimum required retention period prescribed by applicable law or recommended as best practise, the nature and sensitivity of the personal information, relevance to potential litigation or similar proceedings (like defending the company against legal claims), whether the data is required to prevent fraud or similar abuse of our Services, whether the personal information has been aggregated or pseudonymized, the purposes for which we process the personal information and whether we can achieve such purposes through other means and other relevant criteria. For example, information collected during our players’ support, is retained for 3 years to ensure that the issue has been resolved successfully. Information related to account violations and restrictions are kept forever to protect the business and customers.
9.2. Personal data that are collected under the legal basis of ‘Legal Obligations’, are maintained after the expiry of the legal obligations as long as the relevant institutional framework permits.
9.3. Data that may be necessary for our legitimate interests as the controller are kept until the reason for such storage has expired.
9.4. We will delete your Personal Data within one month of the receipt of the deletion request, or of its confirmation or of the identity verification, rendering impossible the reactivation of your deleted account. We will delete all your Personal data, but we may need to retain personal information associated with your account required for our compliance with the requirements of applicable laws (e.g., tax and accounting requirements) or for our detection, investigation and prevention of cheating in the Game and EULA violations or to resolve disputes and enforce our agreements. Information you have shared with others (e.g., through in-game chat or posts) will remain visible after you have deleted your account or deleted the information from your own profile or mailbox, and we do not control the data that other members/users copied out of our Game.
We may periodically de-identify unused game accounts, and we may regularly review and de-identify unnecessary data. Players’ Personal data may be kept for 5 years since the last day of active participation in the game.
9.5. Specifically for Personal data we process based on your consent (e.g., for marketing purposes), such Personal data are kept from obtaining your consent and until it is revoked.
9.6. Personal data that are no longer necessary, are safely destroyed or anonymized (so that it can no longer be associated with you) and may be used for our own legitimate interests, such as for research or statistical purposes.
10. The Security of Your Personal Data
10.1. We have implemented reasonable and appropriate physical, organizational and technical measures to protect the Personal data and the entire information we collect from security risks like unauthorized access, destruction, theft, misuse, modification, or disclosure both during transmission and in storage.
10.2. We do follow the GDPR and the applicable data protection laws on the protection of individuals with regard to the processing of Personal data and on the free movement of such data, and the generally accepted industry standards to protect the personal information submitted, both during transmission and once we receive it. Therefore, while our goal is to use commercially acceptable ways to protect your personal information, we cannot guarantee it is absolutely secure, since no method of data transmission over the Internet, or method of electronic storage is 100% secure.
10.3. Please note that information that you voluntarily make public, or which you disclose by posting comments or inserting of the Content will be publicly available and viewable by others. We do not hold any liability for any information that you voluntarily choose to make public through such and/or other explicit actions. To protect the confidentiality of your personal information and prevent unauthorized access to your data and account, you shall not disclose your password or share access to the account to any other person. You are responsible for all uses of your account by any person using your password. In case of your violation of the Terms of Service, we will not be able to guarantee the security of your data. If you believe your password has been compromised or misused, please contact us immediately.
11.1. For the performance of a contract with you, compliance with a legal obligation we are subject to, and based on our legitimate interests, we may share or disclose your Personal data with the following categories of third parties:
b. Business partners, suppliers and subcontractors for the performance of any contract we enter into with them or you;
c. Third party companies or individuals that perform services on our behalf, including payment processing, data analysis, marketing services, email campaigns, hosting services (third party data storage services), software providers, professional advisers (such as lawyers, accountants, tax advisors), mobile applications, social media services and customer service. Additionally, we may share with anti-cheat and anti-fraud companies the information required for our detection, investigation, and prevention of cheating in the Game, Terms of Service and EULA violations only for the purposes of detection, investigation, and prevention of cheating in the Game. While providing the services for us, these companies may access your personal information, and are required to use it solely as directed by us for the purpose of our requested service;
d. Third Party game developers: We may share your personal data with third-party game developers who develop and operate the games we offer. This data may include your game account ID, email address, in-game purchases, in-game history, any in-game blocking, in-game chats and language;
e. Advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others. We share your email, username, game account ID, performance data, IP address and other information you provide to us. This sharing facilitates targeting, delivery, and measurement of online advertising on third party services, as well as the transmission of information that may be useful, relevant or of interest to you and measure how effective advertisements are. These parties may act as our processors, or they may decide independently how to process your information in certain contexts. In some instances, we may provide advertisers with aggregate information about our users (for example, we may inform them that 200 women aged between 40-50 have clicked on their advertisement on any given day), rather than information about identifiable individuals. We may also use such aggregate information to help advertisers reach the audience they want to target. We may use the personal data we have collected from you to display advertisers’ advertisements to a target audience, in compliance with their wishes. We may also allow our advertisers to collect anonymous or aggregated information within our Services which they may then share with us. Our advertisers may collect this information through the use of tracking technologies like cookies and web beacons. This enables them to develop and deliver targeted advertising in the Game and on the websites of third parties, so that they can try to serve you with advertisement for services that are most likely to be of interested to you. Advertisers will also use this information to monitor, improve or modify their operations;
f. Player Support partners: for some territories and products we engage third parties to provide you with appropriate player support services. Such companies may get access to your personal data, including personal data that you may provide in your player support requests;
g. Change of control: in the event that we engage in a business transition including but not limited to a merger, acquisition, corporate transaction, sale, assignment, change of control or other legal process, we may share your information with third parties. We may disclose your information to another entity in connection with, an acquisition or merger, sale or transfer of a business unit or assets, or bankruptcy proceeding, including during negotiations of such transactions. This may include transferring your information to a third party as part of any other similar business transfer that we undertake;
h. Information available to other players: Your interaction with other players makes your experience more enjoyable, meaning that some data such as your username/game ID and game statistics will be visible to other players. You may also be able to participate in certain activities on our Service that allow you to communicate or share information with us and/or other users. When participating in player forums, posting content like your username or clan descriptions, or posting a message in game chats, please be aware that this information is being made publicly available online. It can be accessed, watched, collected, or otherwise used by us and by other users of the Services. Note that any information you post or otherwise share through our Service, in a third-party site or service should be considered as “public” and you should not have any expectation that it will be kept private. We are not responsible for the information you choose to make public on our Services, and you do so at your own risk. If we suspend your game account and/or take other actions against you based on other players’ complaints, we may inform them about the suspension and/or any other actions we took. Additionally, please note that if we have reasonable suspicions that you fail to comply with our Terms of Service , EULA, Privacy Policy, Payment Policy and Refund Policy, and your actions affect other users, we may notify other users about these actions and/or issue a warning to the users affected by the violation of the above-mentioned policies.
11.2. We may disclose your information when you give us your consent to do so, including if we notify you on the Game that the information you provide will be shared/disclosed in a particular manner and you provide such information.
11.3. Some personal data of yours may be disclosed to public or governmental authorities, e.g., tax and customs authorities, auditors, or to any supervisory or persecutory authority within its role or any judicial authority where required by law, legal process, or judicial decision, after their lawful request, in accordance with Union or Member State law. We also share information to protect the rights, property, life health, security and safety of us, the Services, our business, or anyone else, and in connection with an investigation or prevention of suspected fraud, intellectual property infringements, interference with our rights, property or users, or other activity that is illegal or may expose you or us to legal liability. We may also share your information when we have reason to believe it is necessary to investigate or enforce our Terms of Service, or other policies related to the Services or rights of a third party.
11.4. Our Services also have community pages and/or chat messages and/or group accounts on social media, where users can exchange ideas, communicate with each other, and make available any idea or information. If you have an idea or information that you would like to keep confidential or do not want others to use, please do not make it available on the Service since that information is being made publicly available online. We cannot guarantee that other users will not use the ideas and information that you share, and we shall have no responsibility for any information you make public. If you share information publicly through interactive features we control, such as text chat, you should understand that this information becomes viewable and/or accessible to others. We reserve the right (but have no obligation) to monitor and record your use of them, including for purposes like enforcing our Terms of Service and applicable player behavior requirements.
11.5. Your information, including Personal data, can only be accessed with limited access rights by our authorized employees, consultants, or concerned group entities who need to have access to these data to fulfill their given duties. To help ensure the security of your data, we are developing and implementing administrative, technical and physical security measures to protect your data from unauthorized access, accidental or unlawful loss, misuse or alteration.
11.6. By submitting your Personal data, you agree to this transfer, storing or processing.
12.1. Our Service operates globally, and your data may be transferred to anywhere in the world. Different countries may have different data protection laws from your own country, therefore, we take steps to ensure that adequate safeguards are in place to protect your personal data outside your country. When we transfer your personal data to a third party, in a country that does not offer adequate protection, we will make sure to protect your personal data by requiring that the third party applies the level of protection required under the applicable local data protection laws. We work with third parties that are based outside the European Economic Area (EEA) and may transfer data about you to the countries where they reside. Whenever we share personal data originating in the EU with an entity outside the EEA, we guarantee an adequate level of personal data protection, including but not limited to, by entering into standard data protection clauses adopted by the European Commission with these third parties, with your consent, or because such transfer is necessary performance of a contract. By using our Services or providing us with any information through them, you acknowledge the transfer, processing, and storage of your information in these countries, where privacy laws may not be as comprehensive as those in the country where you reside or are a citizen. If you do not consent to such transfer, please do not use our Service.
12.2. Some of the information you provide to us is stored on our secure servers, based in the United States of America, Korea and Singapore.
13.1. In order to make your visits to our Sites as pleasant as possible, we and our partners such as marketing partners and analytic providers, use Cookies (which are text files placed on your computer) and similar technologies (e.g., web beacons, pixels, internet log files, tags and device identifiers), collectively referred to as, “Data Collection Tools” (ours and from third-party providers), when you access or use our Services. These tools help identify a computer, browser or device and enable our Services to function, maintain your preferences and settings, track movements around the websites or apps, provide enhanced features, offer a more personalized experience, analyze how users use our Services, combat fraud, prevent violations of our Terms of Service and policies, and provide you with targeted advertising based on your interests. Data Collection Tools automatically track and collect certain technical information that your browser sends to us, including Internet protocol (IP) addresses, browser and device type, browser and device language, device identifiers, time zone settings, Internet service providers (ISPs), platform type, referring/exit pages, URLs, operating systems, date/time stamps, clickstream data, in-game activity, including the date and time of activity, and other similar information. However, this information does not identify individual users, and we use it exclusively to analyze trends, administer the site, help authenticate you when you are on the Websites, remember your preferences and registration information, as applicable, and track user movements around the site as a whole to improve the Services provided. We may receive reports from our partners based on the use of these Data Collection Tools, both on an individual and aggregated basis. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. Your Internet browser can be set to reject Cookies generally, or to provide notification whenever a cookie is sent to you. Note that we recommend you allow all Cookies from our Sites, otherwise some of our Services may work incorrectly and some features may become unavailable.
13.2. For further information about the names of the cookies used on our Site, the cookie provider, the purpose of the cookie and the cookie life cycle, please refer to our Cookies Banner.
13.3. If you wish to limit behaviorally targeted advertising, you can do so by limiting ad tracking in your device setting. Please note that opt-outs are specific to each browser and device, and it may take additional time before your opt-out choice will take effect.
13.4. You can opt-out of personalized advertising in our mobile Game applications by checking the privacy setting of your Android or iOS device and selecting Settings > Privacy > Apple Advertising and turn off “Personalized Ads” (Apple iOS) or Settings > Google services > Ads and enable “Opt out of Ads Personalisation”
(Android). You can adjust your mobile push notifications in your Android or iOS device settings menu.
For display advertising on our Web, you can also adjust your browser settings to limit certain tracking by means of Cookies (e.g. for Chrome https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en) and by visiting http://www.aboutads.info/choices.
To opt out of targeted ads on Facebook, please visit this page.
14.1. Under the GDPR, you have certain data protection rights when it comes to having access to your personal data, which you can exercise by contacting us at the email address provided below.
14.2. These rights are the following:
a) Right to be informed. Before data is collected, you have the right to know how it will be collected, processed, and stored and for what purposes. This right is exercised through this privacy and data processing notification.
b) Right of access. You have a right to inquire about and know what information we hold about you, how and why we use your information, to whom we disclose your information, and request a copy of the information we hold about you. You may exercise this right, by contacting us at dpo@scorewarrior.com and specifying the information you would like to receive. We shall get back to you in the fullest extent possible. We will make every effort to fulfil your request but please note that we may need to verify your identity before sharing the information with you, and we may not be able to provide you with certain types of information if it is related to other users’ information. Additionally, if the information you request includes personal information about another person, we may not be able to provide it to you. In such cases, we will explain why we cannot provide the requested information.
c) Right to correction/ Rectification. We put our best effort to keep the information that we hold about you accurate and up to date. Since it is not possible for us to be aware of any changes to your Personal data if you do not inform us, please help us keep your information accurate by informing us of any changes to your personal information we do process. In case you have reasons to believe that the information we hold is incomplete or inaccurate, please inform us at dpo@scorewarrior.com and we will act accordingly.
d) Right to erasure / Right to be forgotten. You have the right to request the erasure of your Personal when:
• your Personal data is no longer necessary for the purposes for which we collected it;
• you withdraw your consent on which the Processing is based and where there is no other legal basis for processing your Personal data;
• your Personal data has been unlawfully processed;
• your Personal data must be erased to comply with a legal obligation we are subject to.
We reserve the right to refuse immediate implementation of this right if the processing of your Personal data is necessary for compliance with any legal obligation we are subject to, or for reasons of public interest, or for the establishment, exercise or defense of our legal claims (according to the Article 17.3 of the GDPR).
To exercise this right, please contact at dpo@scorewarrior.com. Please note, that in order for us to process your request and prevent us from collecting any future information about you, you should delete the Game application from your devices, terminate your account with us, and clear your cookies from any device where you have played our Games in a web browser.
We will delete all Personal data associated with your account upon your request, but we may need to retain personal information associated with your account required for our compliance with the requirements of applicable laws (e.g. tax and accounting requirements) or for our detection, investigation and prevention of cheating in the Game and EULA violations or to resolve disputes and enforce our agreements. Information you have shared with others (e.g. through in-game chat or posts) will remain visible after you have deleted your account or deleted the information from your own profile or mailbox, and we do not control the data that other members/users copied out of our Game.
e) Right to restriction of processing of your Personal data. You may have the right to request to block or suppress processing of your Personal data when certain conditions apply. If you would like to exercise this right, please contact us at dpo@scorewarrior.com.
f) Right to data portability. In some circumstances, you have the right to request from us to move, copy or transfer to you, in a safe and secure way, in a commonly used and machine- readable format, the data which you have provided to us, in order to transfer it to another data controller. Whenever technically possible, this also includes the right to have the data transferred directly from us to another controller without you having to handle the data. If you would like to exercise this right, please contact us at dpo@scorewarrior.com.
g) Right to object to processing / right to withdraw consent. You have the right to object to the processing of your personal data for specific reasons such as direct marketing purposes, purposes of historical/ scientific research or for the performance of a task in the public interest. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. After your request, we shall no longer process your personal data unless we have compelling legitimate grounds for the processing which override your interests, rights, and freedoms. If you would like to exercise this right, please contact us at dpo@scorewarrior.com. If you withdraw your consent (including for marketing purposes), it does not affect the lawfulness of what we did up until that point.
h) Rights related to automated decision-making including profiling. In some instances, our use of your personal data may result in automated decision-making, including profiling. Automated decision-making is the process of making a decision concerning you by automated means (using software algorithms) without any human intervention. For example, we use automated decisions to provide direct or targeted advertising on our Service. You can exercise your right to object to such processing or opt out of direct or targeted advertising as described below.
We do not carry out any decision based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects any user.
Additionally, you have the right to opt out of direct marketing. Specifically, if you have elected to receive direct marketing communications from us, you can change your mind at any time by following the opt-out link in any marketing communication that is sent to you. If you have elected to receive more than one type of marketing communication from us, you may need to opt out of all of them individually. Please note that it may take a few days for us to update our records before any opt-out is effective.
Please note that even after you unsubscribe from all our marketing emails, messages, in-game offers, and web-offers, we may still communicate you to confirm purchases or changes in your account, provide warranty or security information, inform you about changes to the Terms of Service, Privacy Policy, EULA, Payment Policy and Refund Policy, and show you non-personalized marketing in-game and web-offers. All communications will stop only after your account is deleted.
You can also opt out of personalized advertising in our mobile Game applications by checking the privacy setting of your Android or iOS device and selecting Settings > Privacy > Apple Advertising and turn off “Personalized Ads” (Apple iOS) or Settings > Google services > Ads and enable “Opt out of Ads Personalisation” (Android). You can adjust your mobile push notifications in your Android or iOS device settings menu. For display advertising on the Web, you can also adjust your browser settings to limit certain tracking by means of cookies (e.g. for Chrome https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en) and by visiting http://www.aboutads.info/choices. To opt out of targeted ads on Facebook, please visit this page.
Kindly note that even after you use your right to opt out from our in-game and web-offers, you may still see them within the Game and on some websites. Such offers are shown to everyone or to a very broad audience and are not specifically directed to you.
14.3. For security purposes, before we process such requests, we must verify your identity and/or confirm ownership of the data. If we are unable to initially verify your identity, we may request additional information, including your Game Account ID, or ask you to submit the request via the email address used to register for the Game. If you created your game account through our mobile application on Apple (iOS) or Google (Android), we may ask you to submit the request through the game application. If we are unable to verify your identity and to confirm ownership of your data, we may deny your request. Our written response will be sent to the email address used to register for the game or the email address you have provided for communication purposes.
14.4. The exercise of your rights is free of charge.
14.5. In the event that you make such request in a written or electronic form regarding any of the above rights and provided that the request is coming from the data owner and this may be verified, we will assess your request and respond within one month of its receipt, or of its confirmation or of the identity verification either for its satisfaction or to provide you with objective reasons preventing it from being satisfied, or, given the complexity of the request and the number of requests at the given time, request an extension of response for a further two months period (according to the Article 12.3 of the GDPR). This period is necessary for organizational and technical measures to fulfill your request.
14.6. Furthermore, you have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.
14.7. If you are dissatisfied with the use of your data by us, or our response after exercising your rights, you have the right to lodge a complaint with a supervisory authority. Before making such a complaint, you may contact us if you wish, so we can provide you with complete information and support.
15.1. We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
15.2. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
16.1. For any questions regarding the processing of your personal data and the exercise of your rights mentioned above, you may contact us by telephone at +357 25 211 945 (working hours 09:00 - 17:00 Cyprus time zone), by e-mail at dpo@scorewarrior.com and by post at: 16 Spyrou Kyprianou Avenue, Divine Clock Tower, 1st floor, 3070 Limassol, Cyprus.
16.2. In our webpage www.scorewarrior.com you may find a more extensive description of our Policy.
17.1. If you wish to contact the Supervisory Authority in the country of our establishment, the contact details are Jason 1 str., 1082 Nicosia, CYPRUS, telephone +357.22818456, e-mail: commissioner@dataprotection.gov.cy.
18. Links to other Websites
18.1. Our Website may include links to other websites or applications that are not operated or controlled by us. If you click on a third-party link, you will be directed to that third-party site or application. We recommend that you review the Privacy Policy of each site you visit.
18.2. We have no control over, and assume no responsibility for, the content, the privacy policies, or practices of any third-party sites or services.
19.1. This section supplements the Privacy Policy and applies only to individual California residents in accordance with the California Consumer Privacy Act of 2018 (“CCPA”). In this section, we provide additional information about how we collect, use, and disclose personal data about California residents and their additional rights with respect to their personal information. We may require proof of California residency before responding to requests made under this section. For questions regarding this section, our data practices, or our compliance with applicable laws, please contact us at dpo@scorearrior.com.
19.2. Categories of personal information we collect: For the purposes of this section, “personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer. We have collected these categories of personal information about consumers over the last 12 months, as described in the CCPA:
a. Identifiers: including name, username, game ID, email address and online identifiers such as IP and device identifiers.
b. Customer records as listed in the California Customer Records statute: name, credit or debit card information and billing address (if provided).
c. Commercial information including records of product purchases and in-game purchase history.
d. Internet or other network activity information: date and time of activity on our Service, features used, gameplay, in-game activities, game progress, information on your usage of our Services, content viewed or engaged with, pages viewed and the order of those pages, amount of time spent on a page, page interaction information (scrolling, clicks, and mouse-overs), referring/exit pages and URLs, email application or advertisement, interaction with the website and browsing history.
e. Geolocation information: such as may be derived from your IP address or included in your billing information.
f. Inferences drawn from any of these categories, to create a profile about you, reflecting your preferences and behavior and identify products and services that may align with your interests and preferences.
We may collect personal data directly from you when you create an account or communicate with us, and/or indirectly from you when you use our Service, and/or from social networks, operating systems and platforms, publicly available sources, advertising networks, data analytics providers and our service providers (such as payment service providers).
For further details about the information we collect and the precise sources from which we may have collected personal information in the past 12 months, please see “Information We Collect and How” section above. We collect personal information for the business and commercial purposes described in the “Purpose of Processing Personal Data” section above.
19.3. We may disclose your personal information to third parties for business or commercial purposes, as described in the “Information We Share – Data Transfer” section above. In the last 12 months, we have disclosed the following categories of personal information: identifiers, customer records, commercial information, internet or other network activity information, geolocation information, and inferences drawn, to our business partners, affiliates, service providers, contractors, government entities and other organizations in response to a legal request, other users, operating systems and platforms, social media services and advertising and marketing partners. We disclose each of these categories of personal information to these recipients to the extent necessary for them to facilitate our business purposes. We take measures to ensure that our service providers are prohibited from using your personal data for any purpose other than what has been specifically instructed by us. For further information regarding the categories of parties with whom we may have shared your personal information over the previous 12 months, please review the “Information We Share – Data Transfer” section provided above.
19.4. We do not “sell” your personal data with third parties in exchange for monetary compensation, as most individuals would commonly perceive the concept of “selling”. In some cases, we may grant access to specific categories of your personal data to receive certain benefits or services. For instance, we may allow third-party advertising companies to access your browsing information through third-party tags on our Sites. This access is intended to enhance and evaluate our advertising campaigns and deliver users with more personalized ads and content. To the extent that this practice is considered a “sale” under the CCPA, you have the option to opt-out of such sharing. To do so, you can follow the steps outlined in the “Your Rights” and “Cookies” sections above. As described in our Privacy Policy, we do not knowingly collect, share, or “sell” (as the term “sale” is defined under CCPA) personal data about children who we know are younger than 18 years old.
19.5. Your Rights under the CCPA. The California Consumer Privacy Act (“CCPA”) provides California consumers certain rights with respect to their personal information. If you are a California Resident, you may have the following rights:
a. Right to know.
You have the right to request any or all of the following information relating to our collection and use of your personal information in the past 12 months:
b. Right to request deletion of personal information.
You have the right to request the deletion of personal information that we have collected from or about you. Certain types of information may be exempt from deletion under applicable law, such as information required for tax and accounting purposes. We may also need to retain information for the detection, investigation, and prevention of fraudulent and illegal activity, cheating in the Game, and violations of our Terms of Service and EULA. It is important to note that if you request the deletion of certain types of personal information that are necessary for us to provide our Services, you may no longer be able to access or use our Services.
c. Right to request correction of personal information.
You have the right to request that we correct inaccurate personal information that we hold about you. Some information may be exempt from such requests under law.
d. Right to Non-Discrimination.
You have the right to exercise any of your rights without being subjected to any discriminatory treatment from us. Therefore, we guarantee that we will not differentiate prices, rates, or the quality of our services based on your exercise of your rights. Additionally, we will not deny you access to our services. However, please note that exercising your rights to limit our processing of personal information, such as requesting the deletion of personal information, may impact our ability to provide you with our Services. It is important to consider that certain types of personal information are necessary for us to provide our Services, and requesting their deletion may prevent us from doing so. We are committed to provide equal and fair access to our services to all our users, regardless of whether they choose to exercise their rights or not.
e. Right to limit the use and disclosure of sensitive personal information.
Under the CCPA, you have the right to direct businesses to restrict the usage of any sensitive personal information they possess regarding you, solely for the purpose of delivering their Services and as would reasonably be expected by an average user of their Services. Please be informed that Scorewarrior Limited does not collect any sensitive personal information pertaining to you.
f. Right to Opt-Out of the sharing or sale (as is defined in CCPA) of personal information.
You have the right to opt out of the sharing of your personal information with third parties for targeted advertising purposes (known as cross- context behavioral advertising or internet-based advertising).
To the extent that the practice of sharing your personal information with third parties to provide more personalized ads and content is considered a “sale” under the CCPA, you have the option to opt-out of such “sale” at any time and ask us not to “sell” your personal information”.
Regardless of whether this sharing of personal information is considered a “sale”, you may still opt-out of interest-based advertising, as described in the “Your Rights” and “Cookies” sections above. You can also control and disable the sharing of your personal information for targeted advertising by us or our advertising providers by managing your browser’s cookies using the preference tool (where available) or setting up cookie controls through your browser settings. The personal information collected through these methods is associated with your browser or device. If you choose to opt out, an “opt out cookie” will be stored on your device or web. If you clear your cookies or use a different device or browser, you will need to opt out again.
19.6. To exercise your rights under the CCPA, please submit your request via email at dpo@scorewarrior.com. Alternatively, you may submit your request through the Support button within the Services. In the request, please state that you are seeking to exercise one or more of your California Privacy Rights, specify which request you are exercising and provide us with contact information so we can direct our response accordingly. For security purposes, we must verify your identity before fulfilling your requests. If we are unable to verify your identity initially, we may request additional information, including your Game Account ID or to submit the request via the email address used to register in the Game. If you created the game account through our mobile application on Apple (iOS) or Google (Android), we may request that you submit the request through the game application. We will respond to your request once we have verified your identity (and your authorized agent). If we are unable to verify your identity, we may not be able to process your request. Our written response will be sent to the email address used to register in the game or to the email address you have provided. Please be aware that we are not required to provide personal information to a consumer more than twice in a 12-month period.
19.7. In certain States you may be allowed to designate an authorized agent to submit requests on your behalf. If we receive your request from an authorized agent, we will require proof of their authorization and identity including written permission or authorization to submit requests on your behalf and take steps to verify your identity.
19.8. Shine the Light. If you are a California resident, you have the right to request certain information about the disclosure of personal information by us to third parties for their own direct marketing purposes over the past 12 months. This right is provided by California’s "Shine the Light" law (Civ. Code § 1798.83). To exercise such a request, please send an email to dpo@scorewarrior.com and indicate that you are making a “California Shine the Light Request”. We may need additional information from you to verify your identity. We are also required to respond to such requests only once per calendar year.
20.1. According to Nevada law, each business is required to provide a selected requested address where Nevada consumers who have purchased goods or used our Services, can submit requests. This way, they have the right to direct the business not to sell certain categories of personal information (as such terms are defined under Nevada law) which the business has already collected or will collect in the future about the consumer. Under Nevada Law, a sale is defined as the disclosure of covered information for monetary consideration by the business which then allows a third party, to resell or license that information to other third parties. If you are a consumer in Nevada and want to make a request regarding our compliance with to Nevada law, please contact us at dpo@scorewarrior.com.
21.1. Due to the Services constantly evolving and to reflect changes in technology, law or business operations, this Privacy Policy might change from time to time, therefore we advise you to regularly check for the latest versions which will always be published on our website, to make sure you are familiar with them.
21.2. Any information we collect is subject to this Privacy Policy in effect at the time such information is collected. We reserve the right to modify and revise our Privacy Policy at any time. If we make changes to the way we use personal information, we will provide a reasonable notice on our Services before the changes take effect and post the updated Privacy Policy on this page. The “Last Update” date at the top of this Privacy Policy indicates the date of the most recent changes. When we make changes, we update the “Last Update” and all changes are effective as of the stated “Last Update” date, unless we state otherwise. Your continued use of the Services on or after the Last Update date, constitutes acceptance of, and agreement to be bound by, the revised Privacy Policy. We strongly advise you to visit this page and review this Privacy Policy periodically for any changes, to ensure that you are aware of the changes and that you understand your relationship with Scorewarrior Limited, including the ways we may process your information. If you object to any changes, your sole recourse shall be to immediately terminate your account and cease using the Service.
22.1. The English version of this policy is the original version. Any translations are provided for reference purposes only. In the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation between a non- English translation of this Policy and the English version, the English version shall prevail.
Last Update: August 20, 2020
Hereinafter:
“We” or “Us” or “Our” should be regarded as “SCOREWARRIOR LIMITED”, “You” or “Your” should be regarded as “user” or “player”, “Services” should be regarded as “all and any services provided by Us”.
This Payments Policy is an integral part of the Terms of Service of the Game and Services that we provide to You and by starting to use our services you agree to this Payments Policy.
The prices for Virtual Goods are set in Euro, US Dollars or other currency applicable to your region and are displayed in the description of corresponding Virtual Goods. To execute a purchase, you should click on the “Price Button Text”. The lowest price of any Virtual Good is commensurable of 2.99 USD. The highest price could reach up to 499.99 USD.
Payments accepted worldwide but could be rejected in case you are located in Iran, North Korea, Cuba or any other country on which the international sanctions are imposed.
After clicking on the “Price Button Text”, you will be offered to choose a payment method and enter respective payment details. We support payments with Visa™, MasterCard™, Maestro™ debit/credit cards along with a number of other payment methods applicable to your region.
When conducting online purchases in the Games, You agree that the process of executing these purchases will start immediately and accept that You will lose any right to withdraw Your purchase once the purchase is processed.
NOTE THAT WE DO NOT STORE ANY OF YOUR PAYMENT DETAILS ON OUR SERVERS. ALL DATA IS STORED AND PROCESSED BY THE PAYMENT SERVICE PROVIDER. THE COMPANY ITSELF DOES NOT PERFORM ANY PROCESSING OF THE PAYMENTS. PROVISION OF PAYMENT PROCESSING IS PERFORMED SOLELY BY THE THIRD-PARTY PLATFORMS, SUCH AS APPLE (IOS), GOOGLE (ANDROID), DESKTOP AND STEAM CLIENT, FACEBOOK. IF YOU ARE PLAYING OUR GAMES ON SUCH PLATFORMS, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THOSE THIRD PARTY PLATFORMS. THE CHARGING AND BILLING IN SUCH GAMES ARE SUBJECT TO RULES OF THE THOSE PLATFORMS. SCOREWARRIOR LIMITED DISCLAIMS ANY LIABILITY OF ANY NATURE FOR SUCH PLATFORMS’ ACTIONS.
Before you confirm your purchase by clicking on any conspicuously labelled button which leads to conclusion of the purchase process or by making other actions (e.g. sending a message), you must review carefully your purchase details, including but not limited to: selected payment method, total price including all applicable taxes and charges. If you find any errors, you should correct them or cancel the purchase.
NOTE THAT WE DO OUR BEST TO PROCESS AND COMPLETE YOUR PURCHASES AS FAST AS PRACTICALLY POSSIBLE, BUT UNDER CERTAIN CIRCUMSTANCES WE MAY NEED UP TO 72 (SEVENTY-TWO) HOURS TO COMPLETE YOUR PURCHASE. SUCH CIRCUMSTANCES MAY INCLUDE (WITHOUT LIMITATION): YOUR INTERNET CONNECTION FAILURE AT THE MOMENT YOU EXECUTE THE PURCHASE, ERRORS AND/OR CONNECTION FAILURES ON THE SIDE OF PAYMENT SERVICE PROVIDER, ETC.
In most cases 72 (seventy-two) hours is enough for payment services providers either to process your payment (so we can complete it) or refund full price of your purchase automatically. In case none of the above happened after the expiration of 72 (seventy-two) hours, please kindly contact our Support Team at: support@totalbattle.com.
We reserve following rights in respect to Virtual Goods:
a. Offer different sets and/or prices of Virtual Goods available for purchase for different users;
b. At any time in our sole discretion modify the sets and/or prices of Virtual Goods available for any user;
c. We may decline your request to acquire Virtual Goods for any reason.
Following rules apply to Virtual Goods:
a. Virtual Goods may only be redeemed for other Virtual Goods where permitted in the Game;
b. All Virtual Goods are non-refundable and non-exchangeable (whether or not you use them), unless otherwise expressly stated in these Terms of Service or as it is required by applicable Law;
c. You cannot sell or transfer Virtual Goods to anyone, unless otherwise permitted by the Game and if such actions are carried out in special in-game interface;
d. You may only acquire Virtual Goods from us or other users of the Game via special interface inside the Game;
e. Virtual Goods cannot be exchanged for cash or any goods or services, except other Virtual Goods as permitted in the Game.
ANY OF YOUR FURTHER ACTIVITY AFTER READING THIS PAYMENTS POLICY WITHIN THIS WEB-SITE OR WITH OUR SERVICES OR A PART OF THEM WILL BE DEEMED (AND YOU AGREE) AS FULL, UNCONDITIONAL AND IRREVOCABLE CONSENT THAT HAS THE EQUAL POWER TO YOUR WRITTEN CONSENT.
Last Update: August 20, 2020
Hereinafter:
“We” or “Us” or “Our” should be regarded as “SCOREWARRIOR LIMITED”, “You” or “Your” should be regarded as “user” or “player”, “Services” should be regarded as “all and any services provided by Us”.
This Refund Policy is an integral part of the Terms of Service of the Game and Services that we provide to You and by starting to use our services you agree to this Refund Policy.
The Refund Policy
Under the terms of Refund Policy set forth herein, We do not guarantee any reimbursements, returns and refunds and in no case We will provide cash refunds. When conducting online purchases in the Games, You agree that the process of executing these purchases will start immediately and accept that You will lose any right to withdraw Your purchase once the purchase is processed. At Our sole discretion We may choose to reimburse You only with game currency or virtual goods. You agree that We cannot prevent all possible technical issues when Services may be disrupted. If during the usage of Services there was such technical issues (including any error), You can contact our Support team (e-mail: support@totalbattle.com).
Basic conditions of Refund Policy
1. Your refund request (claim, petition) will only be considered if it is requested within the first twenty-four (24) hours of the alleged transaction, or within seven (7) days when the loss occurred or if You allege that another individual (or a minor) has accessed Your player account. Any of Your requests submitted after the lapse of such time will not be considered.
2. In case of occurrence of any issues We reserve the right to demand and You agree to provide Us with any available screenshots and other documents at Our sole discretion to verify your identity and confirm Your descriptions and request within 5 (five) days from the day of Our demand. No request or claim from You will be processed without supporting documentation. Any of Your requests will not be considered after the lapse of such time and in case You did not provide Us with necessary documents.
3. As soon as possible, Support team will consider Your application and will put the best effort to figuring out the problem. After such consideration We will be able, at our sole discretion to: - decide to return Your game currency or virtual goods; or - refuse to return such game currency or virtual goods without explanation and further appeal.
4. Reimbursements will not be given unless the Support team is able to verify that the loss occurred due to a game irregularity outside of normal gameplay, primarily as the result of a documented bug or server error.
5. We reserve the right to withhold any refund or reverse transaction until the identity of Your player account is adequately established to our satisfaction, in order to ensure that any payment made to Us will be honored after a refund has been made. You agree to provide, in case We demand, a notarized identification, or any other certified identification in accordance with the applicable laws of Your jurisdiction. If such notarized or certified identification or documents are not provided within five (5) days of our request, then such refund or reverse transaction shall not be effected, Your player account shall be closed and You shall forfeit all funds in Your player account, such decision shall be final, binding and not subject to appeal.
6. All purchases of virtual currency and virtual goods are deemed to be final and non-refundable, unless stated otherwise at Our discretion.
7. No Our employee outside of Our Support team is authorized to reimburse You or appeal the Support team’s decision.
8. In any case the following does not result in any returns or refunds or reimbursements by Us to You and you indemnify Us from any responsibility: - potential or theoretical gain; - any losses attributable to errors in Your system (i.e. computer, Internet connection, etc.) or any system owned by a third party; - being banned from the game or any of Our Services for violating the in-game policies or any rules of providing of Our Services. You should play using a fair method in all games and should not in any way attempt to influence unfairly the outcome of that game. This includes using computer aids, mathematical equations, betting systems etc.; - timing out as a result of inactivity on your system (i.e. computer, Internet connection, etc.).
9. You grant Us with the right to hold You accountable (resulting in Your liability) for spamming with petitions or emails requesting returns or refunds or reimbursements or giving false information including in an attempt to receive any returns or refunds or reimbursements.
10. This Refund Policy may be amended from time to time due to the constant development of the Game and Services, therefore we advise you to always check for the latest version of this document that will always be available on the website and will enter in force from the moment it is published.
ANY OF YOUR FURTHER ACTIVITY AFTER READING THIS REFUND POLICY WITHIN THIS WEB-SITE OR WITH OUR SERVICES OR A PART OF THEM WILL BE DEEMED (AND YOU AGREE) AS FULL, UNCONDITIONAL AND IRREVOCABLE CONSENT THAT HAS THE EQUAL POWER TO YOUR WRITTEN CONSENT.
Last update: March May 8, 2023
Previously updated: before May 8, 2023
1.1 This End-User License Agreement (hereinafter the “EULA”) is a legal agreement that governs the relationship between you (either an individual or a single entity) and SCOREWARRIOR LIMITED (hereinafter “Scorewarrior,” “the Company,” “we,” “our,” and “us”) in relation to any Total Battle website, mobile applications, forums, social media, and other software products (hereinafter the “Game”), as well as your use of the Game, which is made available to you by SCOREWARRIOR LIMITED.
1.2. Please read this EULA carefully before clicking the “I Agree” button or downloading or using the Game.
1.3. By clicking the “I Agree” button or downloading, accessing, or using the Game, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA. By clicking the “I Agree” button, you represent that you are capable of entering into a contract under the laws of your jurisdiction and that you agree to be bound by this agreement’s terms.
1.4. If you download, access, or use the Game, you also accept the following documents that form part of this EULA:
a. Our Privacy Policy, which describes how we process information that you provide to us or that we collect about you and how we protect it.
b. Our Terms of Service, which describe your rights and obligations in relation to your use of the Game.
c. Our Payment Policy and Refund Policy.
d. Rules and policies applicable to forums and communities, including the Rules of Engagement, provided that they do not contradict this EULA, the Terms of Service, or other policies.
e. The rules of third-party platforms, provided that access to the Game was obtained via such a platform, including but not limited to Apple (iOS), Google (Android), and Facebook.
1.5. This EULA, together with third parties’ rules and the other documents that you accept, including our Terms of Service, set out how we expect you to behave when playing the Game. Please review them carefully before playing the Game.
1.6. If you do not agree to the terms of this EULA, or if you are not eligible to do so, do not click on the “I Agree” button, and do not download, access, or use the Game.
1.7. The Game is licensed, not sold, to you by SCOREWARRIOR LIMITED for use strictly in accordance with the terms of this EULA.
1.8. To enter into this License Agreement, you must have reached the age of 18 or the age of legal capacity as stipulated by applicable local law. If you are under the age of 18 or other legal capacity stipulated by applicable law, your parent or legal guardian must review and agree to this EULA and the Privacy Policy before you download or use the Game. By accepting this EULA, you acknowledge, represent, and agree that you have reached the age of 18 or the age of legal capacity as stipulated by applicable local law and that you are legally and financially responsible for all actions regarding using or accessing our Game or that your parent or legal guardian has reviewed and agrees to this EULA and the Privacy Policy and that he or she assents to this EULA on your behalf and takes full responsibility for your compliance with it. You shall not create an account or access the services at all if you are under the age of 13.
2.1. In order to use the Game and the Services, you have to create an account (hereinafter, the “Account”). By using your Account, you may access the Game and your progress in the Game via the website, Game client, the Facebook app, and the mobile application.
In order to create an Account, you will need either an active email address or a Facebook profile. During the Account registration process, you will be also required to provide additional information, which you must provide truthfully and accurately. Details about the information you are requested to provide, as well as how we process, use, and store your data, are outlined in the Privacy Policy. You acknowledge and agree that you have no ownership or intellectual or other rights to your Account. All rights to Accounts are and will only be owned by and to the benefit of SCOREWARRIOR LIMITED.
2.2. You are not permitted to share your Account with anyone. You are not permitted to sell or transfer your Account to anyone. You must keep all information relating to your Account confidential. At no time should you disclose your Account ID or password to anyone. This includes your friends, children, spouses, co-workers, etc. In case you grant access to your Account to third parties, you will still be solely responsible for all actions carried out by these third parties, including any violations of any clause in this EULA by that party, any purchases, loss, service charges, or other changes to your Account, regardless of whether the action was performed and authorized by you.
You are responsible for keeping your Account secure from third parties. Under no circumstances should you disclose your Account password to third parties. You must ensure that you secure your Account, computer, mobile phone, or other devices from third parties. You undertake to monitor your Account to restrict use by minors, and you will deny access to any person other than yourself. You accept full responsibility for any unauthorized use of your Account by minors or any third party, and you acknowledge that you are responsible for any use of your credit card or other payment or settlement systems or devices (e.g., PayPal) by minors or other third parties.
Please note that our representatives, including our support team, will never ask you for your Account password.
Please notify us immediately if any of the following occurs:
a. Any unauthorized use of your Account.
b. Any hacking tools have been used or might have been used in relation to either the Game, your Account, or the Services.
We have the right to suspend your Account following the receipt of any legal notice addressed to you or SCOREWARRIOR LIMITED in connection to your Account and/or your activities, or in case there is reasonable suspicion of the commencement of any illegal activities that contradict this EULA, our Terms of Service, Payment and Refund Policy, or Privacy Policy or any other policy in connection to your Account, or in case that you share your Account with a third party, or in case of any legal proceedings commenced by you against the Company.
Account suspension doesn’t grant you the right to any refunds and/or compensation, even if at the time of the suspension you have had any unused virtual goods.
2.3. We have implemented reasonable and appropriate organizational and technical measures to protect all personal data and information that we collect against security risks. In case of any loss or damage arising from any unauthorized use of your Account or any unauthorized access, use, alteration, modification, and/or disclosure of your personal information to an extent that arises from your own omission, negligence to act, and/or negligent conduct, we shall have no liability to you.
2.4. Please note that additional information regarding the processing of user data by the Company is contained in the Privacy Policy, and the Privacy Policy forms an integral part of this EULA.
2.5. You do not have to pay any registration or subscription fees to create or maintain an Account, nor do we operate a recurring or subscription payment plan, whether billed monthly, quarterly, annually, or according to any other schedule.
3.1. The Game contains a substantial amount of content, including but not limited to software, text, posts, chat messages, links, emails, sound, graphics, pictures, video materials, and designs (hereinafter collectively, the “Content”). Some parts of the Content may only be accessible and/or unlocked after specific in-game achievements are acquired.
3.2. SCOREWARRIOR LIMITED grants you a revocable (meaning that we can terminate this license in certain circumstances, which are explained further below), non-exclusive (meaning that we can grant the same and similar licenses to other people as well), non-transferable (meaning that the license is only for your benefit, and you may not transfer or sub-license any of the rights that we grant to you to any other person), limited (meaning that you can only use the Game for the purposes we set out in this EULA), personal, and conditional (on your compliance with this EULA) license to download, install, and use the Game solely for personal, non-commercial purposes. Your license rights are subject to your compliance with this EULA.
3.3. The following conditions, among others, apply to the availability of the Game/Content to you:
a. The Game/Content will be available to you only if it is legal for you to have access to the Content/Game in your home country.
b. You may only acquire the Game/Content from us.
c. The Game/Content cannot be returned and/or exchanged for cash or any other goods or services except as permitted in this EULA or our Terms of Service or as required under applicable law.
d. You cannot sell or transfer the Game/Content to anyone.
e. We do not guarantee that any of the Game/Content will be available at all times, in all countries and/or all geographic locations, or at any given time or that we will continue to offer any particular Content for any particular period of time.
4.1. You agree not to, and you will not permit others to:
a. license, sell, rent, lease, sub-license, assign, distribute, reproduce, edit, copy, transmit, transfer, translate, publish, host, adapt, outsource, make available to the public, disclose, or otherwise commercially use and exploit the Game in whole or in part or make the Game available in whole or in part to any third party;
b. copy, download, or use the Game or any part thereof for any purpose other than as permitted according to the “License” section above;
c. modify, make derivative works of, derive source code from, disassemble, decrypt, decompile, or reverse engineer any part of the Game;
d. remove, disable, circumvent, alter, or obscure any proprietary notice (including any copyright or trademark notice) of SCOREWARRIOR LIMITED or its affiliates, partners, suppliers, or the licensors of the Game.
5.1. The Game, including without limitation all rights, title, copyrights, patents, trademarks, trade secrets, proprietary rights, codes, graphics, game play, characters, character names, artwork, user interface, audio, moral, and other ownership and intellectual property rights are, and shall remain, the sole and exclusive property of SCOREWARRIOR LIMITED and are protected by intellectual property and other laws, including but not limited to applicable copyright laws and treaties throughout the world. The Game is licensed, not sold to you. All rights to use the game are granted by license only, and you are not granted any ownership rights or interests in the Game. You agree that we own or license all of these intellectual property rights and that you may not use or exploit any of them without our permission.
6.1. Access to the Game and basic gameplay features is granted free of charge. However, the Game may permit you to purchase premium content, including but not limited to rights to use virtual items and virtual currency, access to additional features, and additional in-game services (hereinafter collectively referred to as “Virtual Goods”).
6.2. You acknowledge and agree that you purchase only the rights to use the Virtual Goods (which are intellectual property themselves) under a personal, non-exclusive, non-transferable, non-sublicensable, non-commercial, revocable, and limited license, only in connection with your use of the Game. The Virtual Goods remain the property of the Company at all times, and we have the right to control, regulate, reform, and/or remove such Virtual Goods at our sole discretion without having any liability to you based on our ability to exercise this right. You have no ownership with regard to any of the Virtual Goods you unlock, and you can’t transfer them to someone else. This EULA, our Terms of Service, and our Policies should not be construed as a sale of any rights to Virtual Goods. In order to purchase Virtual Goods when using the Game via the website, you need an Account. You are solely responsible for all purchases made through your Account, regardless of whether or not they were authorized by you.
6.3. Before purchasing Virtual Goods from us, you must, among other things, ensure that:
a. you either are at least 18 (eighteen) years old or older if required by applicable law or, if you are under the age of 18 (eighteen), that your parent or legal guardian has agreed to and accepted the respective purchase and this EULA and our Terms of Service on your behalf;
b. you are the authorized Account holder for the Account from which the purchase is being made, and you are authorized to use the particular payment details (i.e., credit card);
c. all information you submit is true and accurate;
d. you agree to pay all the fees, commissions, and charges associated with your purchase.
6.4. The following rules, among others, apply to Virtual Goods:
a. Virtual Goods may be redeemed for other Virtual Goods only where permitted in the Game. Virtual Goods are not redeemable for any sum of money or monetary value from us or any other person or entity at any time, except as expressly provided herein or otherwise required by applicable law.
b. Once you have purchased Virtual Goods, those Virtual Goods are final, non-refundable, and non-exchangeable (whether or not you use them), unless otherwise expressly stated in this EULA and our Terms of Service or required by applicable law. In order to prevent fraud, if more than one chargeback happens with respect to your game Account, we have the right to permanently suspend the Account.
c. Any applicable fees and other charges on your Account for Services fully provided by us are not refundable, except as set forth in this EULA and our Terms of Service, or as is required under applicable law.
d. You cannot sell or transfer Virtual Goods to anyone unless otherwise permitted in the Game and such actions are carried out in the special in-game interface.
e. You may only acquire Virtual Goods from us or other users of the Game via the special interface within the Game.
f. Virtual Goods cannot be exchanged for cash or any other goods or services, except other Virtual Goods as permitted in the Game.
g. We reserve the right to decline your request to acquire Virtual Goods at our reasonable discretion.
h. We reserve the right to change the price of Virtual Goods at any time at our sole discretion.
i. The prices for Virtual Goods are set in euros, US dollars, or whichever currency is applicable to the country you are located in. Prices are displayed either in the description of the corresponding Virtual Goods or on the “Buy” button. To make a purchase, you should click on the “Buy” button.
6.5. Before you confirm your purchase by clicking on any button to conclude the purchase process or by carrying out another action (e.g., sending a message), you must carefully review the details of the purchase, including but not limited to the selected payment method and the total price including all applicable taxes and charges. If you find any errors, you should correct them or cancel the purchase.
6.6. Right of withdrawal: If you are a resident of the European Union, you have the right to withdraw from a purchase of Virtual Goods within 14 days of making the purchase. However, this right of withdrawal will not apply in cases where the performance of our services begins before the end of the 14-day period. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our services has begun and your account has been provided with access to the Virtual Goods. You agree that the supply of Virtual Goods and the performance of our services begin immediately after you complete your purchase. Therefore, you understand that by purchasing Virtual Goods, you acknowledge that we make Virtual Goods available to you immediately after we have accepted your order and that once access to the Virtual Items has been enabled on your Account, the contract has been fully performed by us.
6.7. In case your Account is closed, terminated, suspended, blocked, modified, or deleted for any reason, including but not limited to in case of infringement of any requirements, rights, or other terms and conditions stipulated in this EULA, our Terms of Service, and/or Our Policies, or if we discontinue our Games, you forfeit any and all Virtual Goods that you have earned or purchased. We are under no obligation to compensate you or anyone else for any resulting losses.
6.8. Please note that we do not store any of your payment details on our servers. The Company itself does not perform any processing of payments. Provision of payment processing is performed solely by third-party platforms, such as Apple (iOS), Google (Android), the desktop and Steam client, and Facebook. If you play our Games on such platforms, you must also comply with all the terms and conditions set out by those third-party platforms. The charging and billing in such Games are subject to the rules of the relevant platforms. SCOREWARRIOR LIMITED disclaims any liability of any nature for such platforms’ actions.
6.9. If any of our associate payment service providers brings to our attention that the personal and/or financial information you provided is untrue, inaccurate, or incomplete, we have the right to annul the related financial transactions, to revoke all associated software licenses that were acquired via such transactions and to refer the details of such incidents to the appropriate authorities.
7.1. We value your opinion to the fullest, but you need to comprehend that any suggestions for improvements or feedback that you might provide to us regarding our service/product are transferred to us in relation to all intellectual property. According to this agreement, you grant us a sub-licensable, transferable, royalty-free, perpetual, irrevocable, worldwide license to use and incorporate such suggestions and feedback in SCOREWARRIOR’s services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have regarding such suggestions and feedback (such as the right to be identified as the author).
7.2. Any feedback, comments, ideas, improvements, notes, creations, concepts, game ideas, artwork, or other suggestions (hereinafter referred to as "Suggestions") provided by you directly or indirectly to SCOREWARRIOR LIMITED with respect to the Game shall remain the sole and exclusive property of SCOREWARRIOR LIMITED. You understand and agree that we are not required to make any use of any Suggestion that you provide.
7.3. SCOREWARRIOR LIMITED shall be free to store, use, copy, modify, publish, host, display, publish, reproduce, adapt, promote, sell, distribute, combine with other materials, create derivative works from, sublicense, and otherwise use all or any portion of your Suggestions for any purpose and in any way without providing any credit or compensation to you in any country. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have to any Suggestion, even if it is altered or changed in a manner that is not agreeable to you.
8.1.1. When you access and use the Game and the Services you agree to comply with all laws, rules, and regulations in the jurisdiction in which you reside, with the Rules of Conduct included in the Events and Community Rules and with the following behavioral rules (the “Code of Conduct”):
a. You will not create an Account if you are under the age of 18 or the age of legal capacity as stipulated by applicable local law unless you have viewed this EULA with your parent or legal guardian and they have agreed to this EULA on your behalf and take full responsibility for your compliance with it.
b. You will not create an Account if you are under the age of 13.
c. You will not harass, threaten, harm, ridicule, stalk, intimidate, incite, harass, abuse, insult, or bully any other person or group, nor will you post, submit, or transmit any abusive, threatening, bullying, harassing, insulting, obscene, defamatory, offensive, hateful, disparaging, libelous, racist, religious, sexual, pornographic, violent, abhorrent, or illegal content, or content that infringes or violates the rights of another group or person, including another player, the Company’s employees, or the Company’s customer service representatives.
d. You will not organize or attempt to organize hate groups or use or promote hate speech.
e. You will not use rude, offensive, abusive, or profane language.
f. You will not threaten, condone, perform, promote, or attempt to promote any illegal acts or acts of violence or self-harm.
g. You will not post or submit any content that is racist or offensive to any ethnicity, nationality, religion, culture, gender identity, or sexual orientation or that disparages anyone based on their mental or physical ability, appearance, or any other personal trait, or post any information that contains a link to such content.
h. You will not make any derogatory comments based on race, ethnicity, nationality, religion, gender identity, or sexual orientation.
i. You will not discuss or post material related to any religious, political, social, or illegal topic or to any other divisive topic or content that may cause offense or portray any religious and political figures.
j. You will not post any content that has been written with the sole purpose of provoking or promoting toxic behavior or political/geopolitical agendas within Total Battle by the use of letters, words, numbers, symbols, emblems, figures, or names that cause the segregation of the community/users based on race, country, nationality, or religion.
k. You will not use political beliefs or passions of any kind to express hatred of another person, including but not limited to another player, the Company’s employees, or the Company’s customer service representatives.
l. You will not create or attempt to create nicknames, groups, or organized communities of users that are connected in any way with organizations that violate or have violated any applicable laws or regulations, including but not limited to direct or indirect references to Nazi symbols, abbreviations, and well-known leaders.
m. You will not create or attempt to create a negative environment for other player(s), the Company’s employees, or the Company’s customer service representatives.
n. You will not spam/post same-topic content multiple times, repost content that has been removed from the Game, or post nonsensical messages in the Game and in-game chats, including but not limited to using caps lock.
o. You will not promote or advertise other games in in-game chats.
p. You will not discuss decisions taken or sanctions applied by moderators or the administration in in-game chats.
q. You will not be rude to, abuse, threaten, or use offensive or abusive language in your communications with the Company’s employees and customer service representatives. If you do, in addition to any other actions we may take according to this EULA, we may restrict your ability to contact us by email or refuse to provide you with any further customer support.
r. You will not provoke or encourage other users to take any actions that are against the interests of the Company, the Company’s employees, or the Company’s representatives or that could cause loss to the Company or be considered as a threat to the Company, including but not limited to encouraging other users not to participate in the Game or in Game-related events and/or not to make any in-game purchases.
s. You will not attempt to obtain another user’s login information or access another user’s Account. You are not permitted to access another user’s Game Account, even with the relevant user’s permission.
t. You will not collect, harvest, or attempt to collect or harvest any information about other users.
u. You will not post or share the full names of users without their consent or attempt to obtain, phish for, harvest, or reveal any account details, passwords, or other personal information about another person or yourself. You will not post or share false information about another person, share logs of private conversations, infringe anyone’s privacy, or defame another person.
v. You will not discuss, post, or share with other users in any way your communication with the Total Battle administration or the Total Battle team.
w. You will not play or attempt to play using another person’s Account and identify yourself under the name of that person.
x. You will not impersonate any person, business, or entity. You will not falsely indicate that you are an employee or a representative of the Company, use a name that is falsely indicative of an association with the Company, communicate in a way that makes it appear that the communication originates from the Company, misrepresent your affiliation with any person or entity, or engage in fraudulent, deceptive, or misleading practices.
y. You will exercise reasonable care to safeguard your Account against any unauthorized access by third parties.
z. If you suspect that your account has been compromised and/or that a third party has gained unauthorized access to your Account, you should immediately report your suspicions to our customer support service. Therefore, complaints regarding compromised Accounts with incidents that are not reported within a reasonable timeframe will not be accepted, as any attempt to manipulate the system for refunds or any other purpose is a strict violation of our Terms of Service. Nonetheless, an internal investigation will be initiated to check whether the Account has indeed been compromised or not.
aa. You will not exchange or attempt to exchange Accounts with other users.
bb. You will not buy, rent, lease, sell, trade, sub-license, gift, bequeath, or otherwise transfer or share your Account with anyone, or provide access to your Account to another user, or accept a transfer of an Account from another user.
cc. You will not attempt to buy, rent, lease, sell, trade, sub-license, gift, bequeath, or otherwise attempt to transfer your Account to or share your Account with anyone. You will not attempt to provide access to your Account to another user or accept a transfer of an account from another user.
dd. You will not access or attempt to access or use an Account that has been rented, leased, sold, traded, sub-licensed, gifted, bequeathed, or otherwise shared by or transferred from the Account creator.
ee. You will not attempt to gain unauthorized access to the Game, to Accounts registered to other people, or to servers or networks connected to the services by any means other than the user interface provided by the Company, including by circumventing or bypassing, attempting to circumvent or bypass, or encouraging or assisting any other person to circumvent or bypass any robot exclusion headers or security mechanisms for the Game.
ff. You will not create or attempt to create an Account using a false identity or information or on behalf of someone other than yourself You will not attempt to use bots or other automated software programs for fraudulent purposes or in a manner that otherwise violates this EULA or our Terms of Service or the terms of service of any third-party applications or social networks through which the Game can be accessed.
gg. You will not create an Account or use the Service if you have previously been removed by the Company or banned from playing our Game.
hh. You will not discuss or advertise the sale, exchange, or transfer of accounts, in-game resources, or Virtual Goods from one user to another or any other way to improve in-game progress that bypasses the normal use of the Game’s mechanics, in any channel of communication, including but not limited to in-game chat messages and comments within community groups.
ii. You will not make or attempt to make available any cheats or other methods designed to enable the accumulation, sale, or trading of Virtual Goods.
jj. You will not carry out or attempt to carry out unauthorized transactions of Virtual Goods with other users in a manner that violates this EULA and/or our Terms of Service, including transferring Virtual Goods to other individuals, selling or re-selling Virtual Goods, or fraudulently obtaining or acquiring Virtual Goods or game services from third parties by purchasing them, accepting gifts, or by any other means, without our permission.
kk. You will not sell, transfer, or attempt to sell or transfer Virtual Goods to anyone in exchange for cash.
ll. You will not acquire or attempt to acquire Virtual Goods from anyone in exchange for cash. You may only acquire Virtual Goods from us or other users of the Game via the special interface within the Game.
mm. Virtual Goods cannot be exchanged for cash or any other goods or services, except other Virtual Goods as permitted in the Game.
nn. You will not use or attempt to use the Game for the purpose of performing in-game services, such as leveling up or item collection services, in exchange for payment outside the Game.
oo. You will not abuse any payment provider’s systems for the purpose of purchasing or refunding Virtual Goods for fraudulent purposes, including instances where the permission of the authorized owner is not granted, or in instances where the use of such systems by the user indicates suspicious activity. Refund abuse is considered a violation of our EULA and Terms of Service, and we enforce anti-fraud security measures in order to prevent such behavior, e.g., using automatic tools to permanently suspend Accounts that have been detected to commit such activities.
pp. You will not use or attempt to use the Game or services for any unauthorized commercial purpose, including but not limited to advertising, soliciting, or transmitting any commercial advertisement or unauthorized communications (such as chain letters, junk email, “spam” or other repetitive messages, or any materials that promote malware, spyware, and/or downloadable items to anyone).
qq. You will not use or attempt to use the features of the website or service for anything other than their intended purpose.
rr. You will not use or attempt to take advantage of any flaws in the Game for personal gain, chargeback dispute exploitation, or refund exploitation.
ss. You will not engage or attempt to engage in any fraudulent activity with respect to payment methods, including but not limited to credit card scams or credit card misappropriation.
tt. You will not use or attempt to use our services to build any service or game that may disadvantage or compete with our services or assist another person in building a service or game that would disadvantage or compete with our services.
uu. You will not exploit, distribute, or publicly inform other users of any error, miscue, or bug in the Game that provides an unintended advantage or allows for the impersonation of another person, including by means of automated collection mechanisms, such as clear graphics interchange formats (“gifs”), cookies, or similar technology.
vv. You will not scan, explore, or test the Game software or our services to detect, discover, and/or identify a possible bug or vulnerability therein or breach the security mechanisms of our services to get an advantage in the Game.
ww. You will not use, design, publish, discuss, propagate, become involved in, or take advantage of any unauthorized third-party software, plug-in, cheating tool, system exploits, automation software, bots, hacks, or mods not developed by the Company that are designed to modify, disrupt, or interfere with the Game experience. If you suspect that a cheat or hack exists, contact the support team and provide the necessary information.
xx. You will not copy, modify, add, delete, mount-run, or create any derivative work from the Game software, the data released to the RAM of any terminal device during the running of the software, the interactive data between the client terminal and the server terminal while the software is running, or the system data that is necessary for the software to run by any means, including but not limited to using a plug-in, cheating tool, or unauthorized third-party tool/service to access the software and related systems.
yy. You will not modify or forge any instructions or data while the software is running You will not add, delete, or change any of the software’s functions or operational results or operate and/or propagate any relevant software or methods that can be used to achieve the abovementioned function, regardless of whether or not the above actions are conducted for commercial purposes.
zz. You will not use or attempt to use any service or software that accesses, intercepts, “mines,” or otherwise collects information from the Game or data that is in transit from or to the Game.
aaa. You will not make any automated use of the Game or take any action that imposes or may impose an unreasonable burden on our infrastructure.
bbb. You will not use any software, technology, or device to send content or messages, to scrape, spider, or crawl the Game, or to harvest or manipulate data from the Game.
ccc. You will not interfere with or disable any security-related features of the website or service, or any part thereof, including any service available on or via any third-party platforms.
ddd. You will not create, use, facilitate, promote, or maintain any unauthorized connection to the Game, including but not limited to any connection to any unauthorized server that emulates or attempts to emulate any part of the Game or any connection using programs, tools, or software not expressly approved by the Company.
eee. You will not copy or adapt the Game’s software.
fff. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the Game servers.
ggg. You will not cause disruption to, modify, or damage or attempt to disrupt, modify, or damage any Account, system, hardware, software, or network that is connected to or provided by the Company for any reason, including for the purpose of gaining an unfair advantage in the Game.
hhh. You will not modify or cause to be modified any files that are a part of the services in any way not expressly authorized by the Company.
iii. You will not access, tamper with, or use or attempt to access, tamper with, or use our computer systems, our provider’s technical delivery systems, or areas of our services that are not available to the public.
jjj. You will not use or attempt to use any unauthorized third-party programs, including mods, hacks, cheats, scripts, bots, trainers, and automation programs that interact with our services in any way, for any purpose, including any unauthorized third-party programs that intercept, emulate, or redirect any communication relating to our services and any unauthorized third-party programs that collect information about our services by reading areas of memory used by our services to store info.
kkk. You will not in any way abuse or attempt to abuse the Game mechanics and/or Game features or bypass or attempt to bypass the Game mechanics and/or Game features for any purpose other than their intended purpose.
lll. You will not copy, modify, or distribute or attempt to copy, modify, or distribute content from the Game, except as specifically authorized by us.
mmm. You will not fail to observe the rules set by the administration during a Game event. You will not use any Game mechanics/features that, according to the rules, you are not permitted to use, even if using those game features/mechanics is technically possible at the time. Rules issued by the administration form an integral part of our Terms of Service, and not adhering to them is considered a violation of our Terms of Service.
nnn. Except where permitted by law or relevant open source licenses, you will not modify, reproduce, distribute, publicly display or perform, translate, deconstruct, reverse engineer, decompile, disassemble, or decipher the Game software or otherwise try to derive the source code of the Game and/or other confidential content, including but not limited to Game elements that have not yet been voluntarily published by the Company as a public presentation but have already been sealed in the Game installation package.
ooo. You will not remove or obscure any proprietary notices within the Game.
ppp. You will not disrupt or attempt to disrupt the normal flow or usage of the Game, in-game chat, or any other person’s use or enjoyment of the Game.
qqq. You will not improperly use our support services, including by submitting false reports.
rrr. You will not advocate, promote, encourage, refer to, or otherwise facilitate any illegal behavior, including but not limited to the use of tobacco, alcohol, or drugs, unlawful gambling, or theft. Furthermore, you will not use the services for any unlawful purpose or in any manner that is inconsistent with this EULA and our Terms of Service or act or encourage other users to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the services or any related operating system.
sss. You will not provoke, encourage, or enable other users to violate any clause within this EULA, the Terms of Service, or other Total Battle policies or to violate any provisions of national and/or international laws or regulations.
ttt. You will not violate any rights of any party, including privacy and publicity rights, or any intellectual property rights (copyrights, trademarks, patents, or trade secrets).
uuu. You will not participate in any action that we reasonably believe does or may defraud any other player, including by means of scamming or social engineering.
vvv. You will not act or allow any behavior that violates the rules of a third-party platform, provided that access to the Service is acquired via such a platform.
www. You will not breach any clause in this EULA, the Terms of Service, the Privacy Policy, the Payment Policy, and the Refund Policy. In addition, you will not facilitate activity that infringes the rights of any third party or violate the provisions of any applicable national and/or international laws or regulations.
xxx. You will not do anything to bring the Company into disrepute.
yyy. You will not engage in any other prohibited conduct.
The above list is not exhaustive and does not represent the full list of requirements due to the ongoing development of the Game and its functionality. We reserve the right to determine what conduct we consider to be in violation of the EULA and the Terms of Service and also to take whatever disciplinary measures we see fit, including Account termination and deletion, regardless of whether a specific behavior is listed in the Code of Conduct as inappropriate. We reserve the right to modify this Code of Conduct at any time.
The requirements apply when you access and use the Game and the services and also to all channels of communication, including but not limited to in-game chat messages, as well as messages and comments within community groups.
8.1.2. In addition to the rules/requirements set forth in provision 8 of this EULA, when you access and use the Game and the Services, you agree to comply with the following requirements in connection with nicknames/usernames, clan names and descriptions, avatars, and signatures. You will not use nicknames/usernames, clan names and descriptions, avatars, and signatures that:
A. contain insulting, abusiveng, offensive, defamatory, vulgar, obscene, sexual, violent, unreadable, sexually explicit, racially, ethnically, or otherwise objectionable content, personal attacks, or profanity, including in an abbreviated form;
B. relate to drugs, sex, alcohol, or criminal activity;
C. belong to another person with the intent to impersonate that person;
D. are comprised of gibberish;
E. contain letters, words, numbers, symbols, emblems, figures, or names that promote or represent political or geopolitical agendas that could cause the segregation of the community based on race, country, nationality, or religion;
F. express political beliefs or passions of any kind to express hatred toward another person or group of people;
G. contain derogatory comments based on race, ethnicity, nationality, religion, gender identity, or sexual orientation or discriminatory propaganda of any level;
H. contain content that is racist, nationalistic, or offensive toward any ethnic, national, religious, cultural, or racial group or that disparages anyone based on their mental or physical ability, appearance, or sexual orientation, or any other personal trait;
I. make reference or relate to any cultural, historical, or political figure who generally provokes negative feelings in the majority of people;
J. make reference to or relate to members of terrorist organizations;
K. contain reference to religions or religious leaders/figures/beings/deities that may cause offense;
L. contain letters, words, numbers, symbols, emblems, figures, or names connected with organizations that violate or have violated any applicable laws, regulations, and rules, including but not limited to using different variations of Nazi symbols, styles, or abbreviations or the ranks and/or surnames of Nazi leaders;
M. infringe the intellectual property rights of any third party (e.g., that contain copyrighted or trademarked content) or that refer to illegal substances or their use or to any other illegal activities, or that in any way breach this EULA, our Terms of Service, game policies, or any provisions of national and/or international laws or regulations;
N. are a misspelling or an alternative spelling in order to circumvent the requirements in connection with nicknames/usernames, clan names and descriptions, avatars, and signatures.
The list above is not exhaustive and does not represent the full list of requirements due to the ongoing development of the Game and its functionality. We reserve the right to determine what conduct we consider to be in violation of the EULA and our Terms of Service in connection to usernames, clan names and descriptions, avatars, and signatures, and to take whatever disciplinary measures we see fit, including Account termination and deletion, regardless of whether a specific behavior is listed in the Code of Conduct as inappropriate. We reserve the right to modify this Code of Conduct at any time.
The requirements apply when you access and use the Game and the services and to all channels of communication, including but not limited to in-game chat messages, as well as messages and comments in community groups.
8.2. Taking into consideration the constant development of the Game and the environment it operates in, for the purposes of safeguarding the idea behind the Game and the comfort of Game users, as well as for the purpose of preserving common morally established norms of behavior, the Company is entitled to take any of the following measures (or a combination thereof) against the Accounts of users who fail to comply with this Code of Conduct or whom the Company suspects of failing to comply with this Code of Conduct, depending on the severity of the circumstances, and to publish the results accordingly:
a. Issuance of a warning by the Company.
b. Temporary or permanent suspension of your Account in the future. Account suspension does not grant you the right to any refunds and/or compensation, even if at the time of the suspension, you had unused Virtual Goods. You acknowledge and agree that, in case of the temporary suspension of your Account pursuant to this EULA and our Terms of Service, we are entitled to determine the duration of the suspension based on the severity of your violation.
c. Rolling back of in-game progress that was derived from any actions that did not comply with these rules and the Code of Conduct. Rolling back your in-game progress does not grant you the right to any refunds and/or compensation, even if at the time of the rollback, you had unused Virtual Goods.
d. Filing a corresponding civil action against your violation of the applicable laws and regulations, claiming against you for your infringement, breach of contract, or other civil liability, and claiming compensation from you in relation to any losses suffered by the Company as a result of your violation of the law (including direct financial losses, loss of reputation or goodwill suffered by the Company, and the Company’s payment of compensation, settlement fees, attorney’s fees, litigation costs, and other indirect losses), referring the case to the relevant administrative authority for administrative punishment, or referring the case to the judicial authorities for the purpose of pursuing your criminal liability.
e. Restricting or prohibiting you from using game-specific features, including but not limited to making purchases in the Game.
f. Resetting content, including but not limited to resetting or forcibly modifying illegal usernames, pictures, comments, and any other illegal information or content that you provide or upload.
g. Resetting content, including but not limited to removing all or a portion of the Virtual Goods and/or all or part of the game progress that was derived from or acquired as a result of any actions that were non-compliant with these rules, the Code of Conduct, or our Terms of Service, or from the use of any features of the website or service for anything other than their intended purpose.
The above list of measures is not exhaustive. We reserve the right to take any other actions that we deem appropriate.
In the event of a breach of any of the above, we will evaluate each incident on a case-by-case basis, and we will decide at our sole discretion what actions, if any, we will take, without providing an explanation and/or informing the appropriate authorities.
8.3. We have no obligation to monitor or record your access to or use of our services or any online activities within our services or to monitor, record, or edit any user-generated content, but you agree that we have the right to do so for the purpose of operating our services, to ensure your compliance with this EULA and our Terms of Service, to prevent cheating and hacking, to reduce toxic player behavior, to improve our services, or to comply with applicable legislation, a court order, or any governmental authority. By accepting this EULA, you give us your express consent to access and record your activities.
8.4. If you find something offensive or if you encounter another user who is not complying with this EULA, our Terms of Service, and/or the Rules and Code of Conduct, please bring the matter to our attention by contacting our support team at support@totalbattle.com.
9.1. The Game and certain Services permit you to create and/or upload materials that you have created, including but not limited to nicknames and usernames, clan descriptions, profile content, gameplay videos, posts, notes, suggestions, ideas, scripts, graphics, artwork, animations, fan art, screenshots, text, music, sounds, images, fan webpages, chat messages, and profile content, which can be communicated, posted, uploaded, or sent by you and is associated with your Account (hereinafter referred to as “User-Generated Content” or “UGC”). Messages exchanged between players, whether via private in-game messages or on public forums, are included within this definition of UGC.
9.2. We do not pre-screen, approve, endorse, or own your UGC (or the UGC of other Game users) that you have uploaded or made available to other users via the Game or our services. You create, download, and use the User-Generated Content at your own risk. Nonetheless, by uploading your UGC or making it available via the Game or our services, you automatically grant us an exclusive, perpetual, transferable, freely sublicensable, permanent, worldwide, royalty-free, irrevocable right and license to store, publish, print, distribute, reproduce, copy, create and use derivative works from, fix, perform, adapt, display, publicly perform, modify, translate, exploit, distribute, transfer, host, sublicense, make available, communicate, and use your UGC for any purpose, including but not limited to commercial purposes (e.g. for advertisement purposes), in whole or in part, within the Game or on any platform without providing any notice or further compensation to you, in any country, provided that we do not use your UGC in a manner that violates our Privacy Policy. You warrant and represent that you are the exclusive copyright and intellectual property rights holder in relation to the submission and that submission in no way breaches the rights of any other person or entity. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have to your UGC, even if it is altered or changed in a manner not agreeable to you. The license and terms above regarding applicable moral rights will survive any termination of this EULA.
9.3. We may or may not regulate User-Generated Content, and we do not guarantee the accuracy, quality, or integrity of any User-Generated Content made available via the service. By using the service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that we shall not be responsible or liable for your or others’ UGC.
9.4. If you upload UGC or make it available to other users via the Game or our services, you, among other things, agree to the following terms:
a. Any part of UGC that comprises, incorporates, or otherwise relates to any of our IP rights becomes and remains our property.
b. Your UGC must comply with applicable law and must not contain any materials which may be considered illegal, offensive, or defamatory towards third parties or us and/or which could cause any reputational loss or embarrassment to us.
c. Except where prohibited by law, you waive and agree not to assert any moral rights or similar rights that you may have to your UGC against us.
d. If you create and/or upload any UGC, you are responsible and liable for it. We do not bear any liability or responsibility for your behavior or the content of your UGC, nor do we provide any support for UGC. We are not responsible for monitoring or recording any activity or communications in the Game, although we may do so in order to investigate violations of this agreement or in order to enforce it, or to protect the rights and property of the Company and its customers.
e. You must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us.
f. You must not upload or make available to other users any materials that belong to third parties unless you have been expressly authorized by such third parties to do so.
g. You must not upload any UGC that infringes upon the intellectual property rights, privacy, or any other rights of third parties or that is illegal or breaches this EULA and/or our Terms of Service;
h. If you have an idea or information that you would like to keep confidential and/or that you do not want others to use, do not make it available on the service. We emphasize that we cannot guarantee that other users will not use the ideas and information that you share, and we shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the forums, you do so at your own risk.
i. Any UGC you upload or transmit (or attempt to upload or transmit) will be free of viruses, Trojan horses, RATs, time bombs, adware, spyware, worms, keyboard loggers, corrupted data, and any other malicious or invasive code or program that may damage, interfere with, or disrupt the operation of the Game, any system, data, or personal information, or the computers of other Game users.
j. We have no obligation, but We reserve the right to edit, move, block, disable, control, remove (temporarily or permanently), and/or refuse to publish any UGC and/or to take any other actions that we consider appropriate in respect to UGC that we believe is against/does not fulfill any of the conditions above, without providing prior notice and without any degree of liability to you or any third party. We do keep records of the history of your interactions within the service and your communications (including, without limitation, chat text) when you are using the service. By entering into this EULA and agreeing to our Terms of Service, you give us your irrevocable express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User-Generated Content, including, without limitation, chat text or voice communications.
k. You agree to cooperate in resolving any dispute that may arise from your UGC.
9.5. Taking into consideration the constant development of the Game and the environment it operates in, for the purposes of safeguarding the idea behind the Game and the comfort of Game users, as well as for the purpose of preserving common, morally established norms of behavior, the Company is entitled to take any of the following measures (or a combination thereof) against the Accounts of the users who fail to comply with this Code of Conduct or whom the Company suspects of failing to comply with these rules regarding User-Generated Content, depending on the severity of the circumstances, and to publish the results accordingly:
a. Issuance of a warning by the Company.
b. Temporary or permanent suspension of your Account in the future. Account suspension does not grant you the right to any refunds and/or compensation, even if at the time of the suspension you had any unused Virtual Goods. You acknowledge and agree that, in case of the temporary suspension of your Account pursuant to this EULA and our Terms of Service, we are entitled to determine the duration of the suspension based on the severity of your violation.
c. Resetting content, including but not limited to resetting or forcibly modifying illegal usernames, pictures, comments, and any other illegal information or content that you provide or upload. We reserve the right to edit, move, block, disable, or remove (temporarily or permanently) UGC, or to take any other actions that we deem appropriate in respect to UGC that we believe contravenes/does not fulfill any of the conditions above.
d. Filing a corresponding civil action against your violation of the applicable laws and regulations, claiming against you for your infringement, breach of contract, or other civil liability, and claiming compensation from you in relation to any losses suffered by the Company as a result of your violation of the law (including direct financial losses, loss of reputation or goodwill suffered by the Company, and the Company’s payment of compensation, settlement fees, attorney’s fees, litigation costs, and other indirect losses), or referring the case to the relevant administrative authority for administrative punishment, or referring the case to the judicial authorities for the purpose pursuing your criminal liability. We reserve the right to disclose your identity to any third party that presents a valid claim that any of your UGC infringes the aforementioned third party’s intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.
e. Restricting or prohibiting you from using game-specific features, including but not limited to making purchases in the Game.
f. Resetting content, including but not limited to removing all or a portion of the Virtual Goods and/or all or part of the game progress that was derived from or acquired as a result of any actions that were non-compliant with these rules and the Code of Conduct, or our Terms of Service, or from the use of any features of the website or service for anything other than their intended purpose.
The above list of measures is not exhaustive. We reserve the right to take any other actions that we deem appropriate.
In the event of a breach of any of the above, we will evaluate each incident on a case-by-case basis and will decide at our sole discretion what actions, if any, we will take, without providing an explanation and/or informing the appropriate authorities.
We do keep records of the history of your interactions within the service and your communications (including, without limitation, chat text) when you are using the service. By entering into this EULA and agreeing to our Terms of Service, you give us your irrevocable express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User-Generated Content.
10.1. SCOREWARRIOR LIMITED reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Game or any service to which it connects, with or without providing prior notice and without liability to you.
11.1. SCOREWARRIOR LIMITED may from time to time automatically provide enhancements or improvements to the features/functionality of the Game, which may include patches, bug fixes, error fixes, fixes for game vulnerabilities, updates, upgrades, additional content, and other modifications (hereinafter referred to as “Updates”) by giving you reasonable notice or without providing any prior notice if it is not practicable for us to do so.
11.2. We reserve the right to stop/interrupt the Game during Updates at any time, including but not limited to during any game events, for the necessary period by giving you reasonable notice or without providing any prior notice if it is not practicable for us to do so. Such interruptions may cause you to lose access to the Game temporarily and/or cause you setbacks within the Game or in other aspects of your use of the Game. These interruptions are sometimes required in order to enable us to continue to maintain the Game.
11.3. Updates may improve, update, upgrade, limit, modify, replace, discontinue, or delete certain features and/or functionalities of the Game, its graphics, gameplay, and any other content at any time. We may also need to change or discontinue such features to all or any users from time to time for reasons including technical, legal, financial, or business factors. You hereby accept, recognize, understand, and agree that SCOREWARRIOR LIMITED has no obligation to (i) provide any Updates, (ii) continue to provide or enable any particular features and/or functionalities of the Game to you, or (iii) provide you with any refunds or compensation in relation to Updates and/or in relation to the time that the game was under maintenance (the time for which the Game was interrupted). You acknowledge that your use of the Game does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Game, including but not limited to any in-game Virtual Goods or character levels, and that any character data, game progress, game customization, or other data related to your use of the Game may cease to be available to you at any time without prior notice from us, including, without limitation, after a patch, update, or upgrade has been applied by us. We do not have any maintenance or support obligations with respect to the Game.
11.4. You further agree that all Updates will be (i) deemed to constitute an integral part of the Game and (ii) subject to the terms and conditions of this EULA.
12.1. The Game may display, include, or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services (hereinafter referred to as “Third-Party Services”).
12.2. Third-Party Services may collect data from you. You acknowledge and agree that SCOREWARRIOR LIMITED does not control such Third-Party Services and shall not be responsible for any Third-Party Services, including their content, the accuracy and completeness of their policies, their timeliness, validity, copyright compliance, legality, decency, quality, and the collection, use, and disclosure of any information that the relevant Third-Party Services may collect, as well as any other aspect thereof. SCOREWARRIOR LIMITED does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
12.3. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to the relevant third parties’ terms and conditions.
13.1. SCOREWARRIOR LIMITED collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at https://totalbattle.com/en/#privacy_policy. By accepting this EULA, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy and Cookie Banner.
14.1. This EULA shall remain in effect until terminated by you or SCOREWARRIOR LIMITED.
14.2. SCOREWARRIOR LIMITED may, at its sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without providing prior notice.
14.3. Termination by SCOREWARRIOR LIMITED:
a. We reserve the right to suspend your Account either temporarily or permanently in case of infringement of any requirements, rights, or other terms and conditions stipulated in this EULA and our Terms of Service and/or Our Policies. Without limiting any other rights of SCOREWARRIOR LIMITED, this EULA will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this EULA.
b. If your Account is suspended (or blocked) temporarily, you will not be able to access your Account or use the Game or the Services or any Virtual Goods for the duration of the suspension.
c. If your Account is suspended (or blocked) permanently, you will not be able to access it or use the Game or any of the services. We may also prohibit you from accessing or using the Game or any of the services in the future. Permanent suspension will also mean that we close your Account and terminate this EULA between you and us.
d. Account suspension doesn’t grant you the right to any refunds and/or compensation, including for any losses and/or damages, even if at the time of the suspension, you had any unused Virtual Goods.
e. We reserve the right to terminate any Account (i.e., the EULA and all rights it grants you) that has been inactive for 5 (five) years, even if purchases have been made from that account and regardless of the level reached in the Game. We have no obligation or responsibility to and will not reimburse or refund you for any unused Virtual Goods that are lost due to Account termination. Upon such termination, your personal information will be destroyed, and we won’t be able to restore it. Additionally, we reserve the right to terminate any Account that has been inactive for 30 days if that account was registered 90 days ago or more, if no purchases have been made from the relevant Account, and if the user hasn’t reached a certain level in the Game. We are under no obligation to compensate you for any such losses, damages, or results.
f. If you believe that your Account has been suspended in error, please contact our support service at support@totalbattle.com.
14.4. Your right to delete your Account and terminate this EULA without reason:
a. You may close your Account and terminate this EULA at any time without reason by contacting our support service at support@totalbattle.com. Please note that if you try to communicate with our support service via email, you will be prompted to complete the verification procedure, whereby you press the in-game “Support” button so that you can verify your in-game identity, whereas if you try to communicate with our support service by pressing the in-game “Support” button, you may be prompted to complete the verification procedure by submitting the request via the email address registered to the Game Account. As soon as the above process has been completed, you will be asked to confirm the deletion of your Account, and you will be notified as soon as it has taken place. Kindly note that if you confirm the deletion, your account will be deleted within 30 (thirty) days after the initial confirmation, rendering it impossible to reactivate your deleted account. If you choose to close your Account and terminate this EULA, you won’t be entitled to any refunds or compensation, including for any losses and/or damages, even if at the time of the closure, you had unused Virtual Goods.
b. You may also terminate this EULA by deleting the Game and all copies thereof from your mobile device or from your computer.
c. Please note that your game progress as well as all purchased Virtual Goods are directly linked to the existence of your account. If you decide to close your account and terminate this EULA and our Terms of Service, or if we terminate your account for any reason mentioned above, your progress and any purchased Virtual Goods will be lost forever, and we won’t be able to restore them, even if you change your mind afterward.
14.5. Upon termination of this EULA, the Company will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by applicable law or for data back-up purposes.
14.6. Upon termination of this EULA, you shall cease all use of the Game and delete all copies of the Game from your mobile device or from your computer.
14.7. Termination of this EULA will not limit any of SCOREWARRIOR LIMITED’s rights or remedies at law or in equity in case of breach by you (during the term of this EULA) of any of your obligations under the present EULA.
14.8. You are not allowed to enter into this EULA with us if you are under the age of 18 or the age of legal capacity as stipulated by applicable local law. If you are under the age of 18 or the age of legal capacity as stipulated by applicable local law, your parent or legal guardian must review and agree to this EULA. If you are under the age of 18 or the age of legal capacity as stipulated by applicable local law, and your parent or legal guardian did not review and agree to this EULA, do not click on the “I Agree” button and do not download or use the Game. By clicking on the “I Agree” button, you confirm that you are aged 18 years (or the age of legal capacity as stipulated by applicable local law) or over, or if you are under the age of 18 or the age of legal capacity as stipulated by applicable local law, that your parent or legal guardian has reviewed and agreed to this EULA and Privacy Policy. More information can be found in our Game’s Terms of Service.
15.1. You agree that you are responsible for your use of the Game and to indemnify, defend, and hold SCOREWARRIOR LIMITED and its parents, subsidiaries, affiliates, officers, employees, officers, agents, partners, licensors, and other representatives (if any) harmless from any losses, costs, liabilities claims, damages, actions, demands, or expenses, including reasonable attorneys’ fees, due to or arising out of or in connection with your: (a) omissions and/or negligence to act, negligent conduct, misuse in relation to your use or alleged use of the Game; (b) violation of this EULA or any agreements by you referenced herein or any law or regulation; (c) violation of any right of a third party, including but not limited to any users; (d) use of a Third-Party Service; or (d) User-Generated Content and suggestions.
15.2. SCOREWARRIOR LIMITED reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree that you will fully cooperate with SCOREWARRIOR LIMITED in asserting any available defenses. You will not in any event settle any claim without our prior written consent. You agree that the provisions in this section will survive any termination of your Account, this EULA, the Terms of Service, or your access to the Service.
16.1. The Game is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without a warranty of any kind. To the maximum extent permitted under applicable law, SCOREWARRIOR LIMITED, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Game, including but not limited to all implied warranties of merchantability, fitness or suitability for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, SCOREWARRIOR LIMITED provides no warranty or undertaking, and makes no representation of any kind that the Game will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
16.2. Without limiting the foregoing, neither SCOREWARRIOR LIMITED nor any SCOREWARRIOR LIMITED's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Game, or the information, content, and materials or products included thereon; (ii) that the Game will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Game; (iv) that the Game, its servers, the content, or e-mails sent from or on behalf of SCOREWARRIOR LIMITED are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components; or (v) that any defects in the Game can or will be corrected. No oral or written statement or advice provided by the Company or any authorized representative shall create a warranty. You understand and agree that you use the Game at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from the use of the Game.
16.3. Some countries, states, or jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. In such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
17.1. Notwithstanding any damages that you might incur, you agree that the entire liability of SCOREWARRIOR LIMITED and any of its affiliates or its suppliers to you and all claims arising out of the use of or inability to use the Game under any provision of this EULA, whether in contract, tort, or otherwise, and your exclusive remedy for all of the foregoing shall be limited: (i) to the amount actually paid by you for the Game during the six (6) months immediately prior to the time your cause of action first arose; (ii) to €200.
17.2. To the maximum extent permitted by applicable law, in no event shall SCOREWARRIOR LIMITED or its affiliates or its suppliers be liable in any way for any special, incidental, direct, indirect, or consequential damages whatsoever in connection with this agreement or the Game (including but not limited to damages for loss of profits, for loss of data or other information or damage caused by downloading or using the Game, for business interruption, for lack of functionality of the Game, for product liability, any claim that the Game fails to conform to any applicable legal or regulatory requirements, claims arising under consumer protection or similar legislation, claims that the software infringes a third party’s intellectual property rights, for personal injury, for property damage, for loss of privacy arising out of or in any way related to the use of or delay or inability to use the Game, third-party software and/or third-party hardware used with the Game, or otherwise in connection with any provision of this EULA or the Game), even if SCOREWARRIOR LIMITED or any supplier or affiliate has been advised of the possibility of such damages, and even if the remedy fails of its essential purpose.
17.3. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
18.1. If any provision of this EULA is held to be unenforceable or invalid for any reason, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and shall not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.
19.1. Except as provided herein, the failure or delay to exercise a right or to require performance of an obligation under this EULA shall not affect a party’s ability to exercise such a right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
20.1. SCOREWARRIOR LIMITED reserves the right, at its sole discretion, to amend the terms and conditions of this EULA at any time. If a revision is material, we will notify you. You are bound by any changes to this EULA when you use the service after such changes have been first notified. If you disagree with the changes, you can terminate the EULA by deleting your Account.
20.2. By continuing to access or use our Game after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you should terminate this agreement, and you are no longer authorized to use the Game.
21.1. As far as permitted by law, the laws of Cyprus and EU law, excluding its conflicts of law rules, shall govern this EULA, its subject matter and formation, and any dispute, claim, or obligation relating to the same and to your use of the Game. Your use of the Game may also be subject to other local, state, national, or international laws.
21.2. All the aforementioned disputes will be submitted and settled by the courts of general jurisdiction of the Republic of Cyprus, and each party waives any objection to the jurisdiction and venues of these courts. We reserve the right to seek cancelation of any injunction relief in any jurisdiction where we deem it necessary.
21.3. In the event of any controversy or claim arising out of or relating to this EULA, including its existence, validity, termination, or breach thereof, before filing a suit, you agree to first attempt to informally negotiate any complaint with SCOREWARRIOR LIMITED. We and you shall consult and negotiate with each other and thus attempt to reach a satisfactory solution. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a claim.
22.1 If you are a resident of the United States of America, to the maximum extent permitted by applicable law, you and SCOREWARRIOR LIMITED agree that for disputes arising between us and you, or any other user of the game, that are not settled in mutual negotiations: (i) that each claim is personal to you and SCOREWARRIOR LIMITED, and we can only bring claims against each other on an individual basis as an individual court proceeding, and not as a class action, consolidated action, or another form of representative action; (ii) that you expressly waive any right to file or join or participate in a class action or to seek relief on a class or consolidated or representative basis; and (iii) that the court may only conduct an individual court action, may not consolidate more than one individual’s claims, and may not preside over any form of representative or class proceeding relating to such claims.
23.1. If you have any questions about this EULA, please contact us at support@totalbattle.com.
24.1. Assignment. We may assign or delegate this EULA, our rights and obligations under this EULA and/or other Policies, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate this EULA, your rights, and obligations under this EULA and/or other Policies, in whole or in part, to any person or entity at any time with or without our consent and any attempt will be null and void.
24.2. Headings and captions. Any section headings and captions contained in this agreement are inserted for the convenience of reference only and are not intended to limit the EULA.
24.3. Inclusive Language. The words “include,” “includes,” and “including,” and other derivations thereof should be read as if followed by the phrase “without limitation,”
24.4. Language. The English version of this policy is the only original version; any translations are provided for reference purposes only. The English version shall prevail in the event of any differences, questions, or disputes concerning the meaning, form, validity, or interpretation thereof.
24.5. Cooperation with Law Enforcement and Investigations. We reserve the right to investigate and prosecute any suspected breaches of this EULA and/or Terms of Service and/or other Policies and may disclose any information as necessary to comply with any law, regulation, legal process, government, or governmental authority and regulatory requests.
25.1. Access to and use of the Game is subject to this EULA, our Terms of Service, Privacy Policy, Payment Policy, and Refund Policy, and all terms and conditions of the Terms of Service are hereby incorporated into this EULA by this reference. The EULA and any document or information referred to in this agreement constitute the entire agreement between you and SCOREWARRIOR LIMITED regarding your use of the Game and supersedes all prior and contemporaneous written or oral communications, agreements, or discussions between you and SCOREWARRIOR LIMITED.
25.2. You may be subject to additional terms and conditions that apply when you use or purchase other SCOREWARRIOR LIMITED services. SCOREWARRIOR LIMITED will provide the relevant terms and conditions to you when you use or purchase the relevant service.
This EULA governs our relationship with you. It does not create any rights for any other person unless otherwise expressly stated in this EULA.