Last Update: February 7, 2022
Previous versions: before February 7, 2022
2. Amendments to the Terms of Service and Other Sites
6. Intellectual Property Rights
7. Rules and Code of Conduct
8. User Generated Content
9. Virtual Goods, Purchases, Billing
10. Epilepsy Warning
11. Game Community
12. Consumer Rights
13. Termination of the Terms of Service
14. Assignment of the Terms of Service
15. Built-In Tracking Features
16. Dispute Resolution
17. Contacts, Emails, and Notifications
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 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. our online game Total Battle and its localized versions Triumph: Dawn of Power and Триумф: Рождение империй (hereinafter, the “Game”). The Game is available through the following means:
a. our website totalbattle.com and/or triumph.totalbattle.com (hereinafter, the “Site”);
b. our mobile application of the Game (hereinafter, the “Mobile Application”);
c. our downloadable clients of the Game: Desktop client and Steam™ client (hereinafter, the “Game client”);
d. our Game in Facebook™ App center (hereinafter, the “Facebook™ App”);
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 service and premium service (hereinafter collectively, the “Services”).
WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION ABOUT PERSONS UNDER THE AGE OF 16 IN CASES WHERE WE CAN CONTROL IT. FOR EXAMPLE, IT IS NOT POSSIBLE TO CONTROL INFORMATION THAT IS COMMUNICATED TO US ONLINE. IN ANY EVENT, IF WE FIND THAT WE HAVE COLLECTED ANY PERSONAL INFORMATION FROM A PERSON UNDER THE AGE OF 16 (IN ACCORDANCE WITH ARTICLE 8 OF THE REGULATION), 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 16, PLEASE CONTACT US.
1.4 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.
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, how we collect, use and store Your personal information (in any case ensuring compliance with the applicable data protection law);
d. make sure that the Community Rules protect interests of the community of the users of the Game
4.1 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 on the “as is” and “as available” basis. We assume no liability and provide no warranties of any nature thereof, including, but not limited to, the implied warranties of merchantability and fitness for any particular purpose.
4.3 The Company shall not be liable for any delay or failure of the Game and/or the Services, resulting from the 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, including, 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.
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 through 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, error-free or such defects will ever be corrected;
d. the use of the Game and/or the Services will be absolutely secure.
4.4 We are constantly working on further development of the Game and the Services in order to make the gameplay enjoyable for You. This means that from time to time we introduce upgrades and improvements in the gameplay, features, graphics, technical infrastructure, etc. We do not guarantee that such upgrades and improvements will not change Your experience of using the Game and/or the Services.
4.5 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 respect equally the rights and dignity of all human beings, irrespective of nation, race, culture or religious, sexual orientation or gender identity. Therefore, any resemblance to real world events or people is purely coincidental and bear no reference to any nation, race, culture or religious, sexual orientation or gender identity. Our Game is available in countries all over the world, and it is important for our players of all backgrounds to feel safe and comfortable on our platform.
4.6 PLEASE NOTE THAT DOWNLOADING OR ANY OTHER OBTAINMENT OF ANY MATERIALS WHILE USING THE GAME AND/OR THE SERVICES SHALL BE DONE ON YOUR OWN SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES, INSTALLED SOFTWARE AND/OR OPERATION SYSTEMS AND/OR ANY LOSS OF DATA THAT MAY RESULT FROM OBTAINING ANY SUCH MATERIALS.
5.1 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.
5.2 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 purchases, loss, service charges, or other changes to Your Account, whether or not performed and authorized by You.
You are responsible for keeping Your Account secure from third parties. Under no circumstances should You disclose the password from Your Account to third parties. You must ensure that You secure Your Account, computer, mobile phone, or other device from a third party.
Note that our representatives, including the 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 be used in relation to either the Game, the Account, or the Services.
We have the right to suspend Your Account following the receipt or a reasonable suspicion of any legal notice addressed to You or us in connection to Your Account and/or Your activities; or in case of any legal proceedings commenced by You against us.
6.1 Intellectual Property is a term which 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 Game, and Facebook™ App contain a lot of different materials and assets, including, but not limited to, technology, software, interfaces, design, forum posts, chat posts, profiles, messages, links, e-mails, graphics, texts, images, videos, sounds, and music (hereinafter collectively, the “Content”). The Content and all intellectual property rights connected thereto (hereinafter, the “IP Rights”) are owned by us (or by our affiliates and partners as applicable). You agree that the IP Rights in 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 the terms and conditions of these Terms of Service.
6.2 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.
6.3 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, transfer, disseminate, remove, obscure, pattern, lease, sell, transmit, rent, copyright, trademark, or make any commercial use of any content (fully or partially) available in the Game, on the Site, in the Game client, in the Facebook™ App, in the Mobile Application, or the Services, unless we expressly authorize You to do so in writing.
6.4 The Service is protected by copyright laws throughout.
6.5 If You copy or download any part of Trademarks in breach of these Terms of Service, Your right to use the Services will stop immediately, 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, dialog, themes, objects, catch phrases, 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 a violation of the above mentioned is performed, then it will result in the immediate revocation of Your limited license and may subject You to liability for violations of law.
6.6 We do not guarantee that any of the 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.
6.7 We may have to change or update the Content from time to time.
7.1 When You access and use the Game and the Services You agree to comply with the Rules and Code of Conduct included in the Community Rules and with the following requirements:
a. You will not attempt to obtain login information or access another user’s Account without permission or collect or harvest personal information from other users.
b. You will not exploit, distribute, or publicly inform other users of any error, miscue, or bug of the Game, which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms, such as clear graphics interchange formats (“gifs”), cookies, or similar technology.
c. You will not harass, threaten, or bully any other users nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, libelous, racially, religiously, sexually or pornographic or illegal content, or content that infringes or violates the rights of someone else, including the Company’s employees, the Company’s customer service representatives, or impersonate any other person.
d. You will not organize hate groups or use or promote hate speech.
e. You will not use the Game or the Services for any unauthorized commercial purpose, including, but not limited to, commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages).
f. You will not use the Game for performing services for payment, such as leveling up or item collection services.
g. You will not scan, explore, and test the Game software to detect, discover, and identify the possible bug or vulnerability therein.
h. You will not use or design, publish, and propagate 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 or interfere with the Game experience.
i. You will not copy, modify, add, delete, mount-run, or create any derivative work from the Game software or the data released to the RAM of any terminal device during the running of the software, or the interactive data between the client terminal and the server terminal during the running of the software, or the system data necessary for the running of the software, in such ways including, but not limited to, using plug-in, cheating tool, or unauthorized third-party tool/service to access the software and related systems.
j. You will not modify or forge any instructions and data during the running of the software, add, delete, or change the function or operation result of the software, or operate and propagate relevant software or method which can be used to achieve the above-mentioned function, no matter whether or not the above actions are conducted for commercial purpose.
k. You will not remove or obscure any proprietary notices within the Game.
l. You will not disrupt or attempt to disrupt the Game or any other person’s use or enjoyment of the Game.
m. You will not attempt to gain unauthorized access to the Game, to Accounts registered to others, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.
n. You will not 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.
o. You will not make any automated use of the Game or take any action that imposes an unreasonable burden on our infrastructure.
p. You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data from the Game.
q. You will not improperly use our support services, including by submitting false reports.
r. Except where permitted by law or relevant open source licenses, You will not modify, reverse engineer, decompile, disassemble, decipher the Game software or otherwise try to derive the source code the Game and other confidential contents, including, but not limited to, the Game elements that are not yet voluntarily published by the Company as a public presentation but have already been sealed in the Game installation package.
s. You will not copy, modify, or distribute content from the Game, except as specifically authorized by us.
t. You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including, but not limited to, the use of illegal 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 fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system.
u. You will not create an Account if You are under the age of 16.
v. You will not act or allow any behavior that violates the rules of the Third-Party Platform, provided that the access to the Service made through such a platform.
w. You will not create an Account using a false identity or information, or on behalf of someone other than Yourself.
x. You will not have an Account or use the Service if You have previously been removed by the Company, or previously been banned from playing our Game.
y. You will not collect or harvest any information about other users.
z. You will not make unauthorized transactions of Virtual Goods with other users or obtain Virtual Goods or Game Services from third parties by purchasing, accepting gifts or otherwise, without our permission.
aa. You will not use features of the Site or Service for anything other than their intended purpose.
ab. 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 through any Third-Party Platforms.
ac. You will not abuse any payment providers 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 out 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.
ad. You will not breach any term of these Terms of Service or violate any provisions of national and/or international laws or regulations.
ae. You will not engage in any other prohibited conduct.
The list above is not exhaustive and cannot provide You with the full list of requirements due to the permanent development of the Game and its functionality. We reserve the right to determine what conduct it considers to be in violation of the Terms of Service.
7.2 Taking into consideration the constant development of the Game and the environment it operates in, for the reasons of safeguarding the idea behind the Game and the comfort of the Users of the Game, as well as for the reason of preserving the common morally established norms of behavior, the Company is entitled to take the following measures against the Accounts of the Users that fail to comply with these Rules and Code of Conduct depending on the severity of the circumstances and may publish the results:
a. issuance of a warning by the Company; and/or
b. temporary or permanent suspension of Your Account in the future. Account suspension does not grant You the right for any refunds and/or compensations even if at the time of the suspension You have had any unused Virtual Goods. You acknowledge and agree that, in case of 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; and/or
c. roll-back the in-game progress derived from any actions non-compliant with these Rules and Code of Conduct. Rolling back Your in-game progress does not grant You the right for any refunds and/or compensations even if at the time of the rollback You have had any unused Virtual Goods; and/or
d. filing a corresponding civil action against yourYour violation of laws and regulations, claim against You for Your infringement, breach of contract or other civil liability, and claim You for compensation over the losses suffered by the Company from Your violation of the law (including the direct economic losses, loss of reputation or goodwill suffered by the Company, and Company’s payment of compensation, settlement fees, attorney fees, litigation costs and other indirect losses), or transferring to the relevant administrative authority for administrative punishment, or transferring to the judicial authorities for pursuing Your criminal liability; and/or
e. restricting or prohibiting You from using game-specific features, including, but not limited to, making purchases in the Game; and/or
f. content reset, including, but not limited to, resetting or forcibly modifying illegal usernames, pictures, comments, and other illegal information or content that You provide or upload.
The list of the measures is not exhaustive. We reserve the right to take any other actions we consider appropriate.
In the event of a breach of any of the above, we will decide at our sole discretion what actions, if any, we will take, without being given the explanation and/or informing the appropriate authorities.
7.3 If You find something offensive or if You encounter another user who is not complying with these Terms of Service and/or the Rules and Code of Conduct, please bring it to our attention by contacting our support at email@example.com
8.1 The Game and certain Services permit You to create and/or upload materials, which You have created, such as, including, but not limited to, posts, notes, sounds, images, chat messages, and profile content associated with Your Account (hereinafter, the “User Generated Content” or “UGC”).
8.2 We do not pre-screen, approve, endorse, or own Your UGC (as well as UGC of other users of the Game), which You have uploaded or made available to other users via the Game or the Services. You create, download, and use the User Generated Content at Your own risk. Still by uploading or making available Your UGC via the Game or the Services, You grant us a non-exclusive, transferable, sublicensable, worldwide, irrevocable license to store, publish, print, distribute, reproduce, copy, fix, perform, adapt, modify, transfer, and use for commercial purposes (including, but not limited to, the use in for advertisement purposes) Your UGC without any notice or further compensation to You.
8.3 We may or may not regulate the User Generated Content and 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.
8.4 If You upload or make available Your UGC to other users via the Game or the Services, You, among others, agree and comply to the following:
a. any part of the UGC, which comprises, incorporates, or otherwise relates to any of our IP Rights becomes and remains our property;
b. 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;
c. You must not upload any UGC which infringes the intellectual property rights, privacy, or any other rights of third parties or which is illegal or breaches these Terms of Service;
d. 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;
e. except where prohibited by law, You waive and agree not to assert any moral rights or similar rights You may have in Your UGC against us;
f. You are solely responsible for Your UGC;
g. if You create and/or upload any UGC, You are responsible and liable for it. We may not bear any liability or responsibility for Your UGC, nor do we provide any support for the UGC;
h. You must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us;
i. if You contravene any of these conditions, we reserve the right to suspend or permanently remove availability of Your UGC and to take any other steps which we consider appropriate;
j. if You have an idea or information that You would like to keep confidential and/or do not want others to use, do not Make it Available on the Service. It is specifically clarified 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;
k. the UGC You will upload will be free of viruses, adware, spyware, worm, or other malicious code;
l. we reserve the right to edit, move, block, disable, remove (temporarily or permanently), or take any other actions we consider appropriate in respect to Your UGC which we believe is against / does not fulfill any of the conditions above. We do keep records of the history of Your interactions within the Service and communications (including, without limitation, chat text), when You are using the Service. By entering into 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.
9.1 The 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, access to additional features and additional in-game services (hereinafter collectively, “Virtual Goods”). Please note that You can purchase only the rights to use Virtual Goods, whilst Virtual Goods at all times remain in the property of the Company. In order to purchase Virtual Goods, when using the Game through the Site, You need the Account.
9.2 Before purchasing Virtual Goods from us, You, among other things, must ensure that:
a. You either are at least eighteen (18) years old or older if required by the applicable law or, if You are under age of eighteen (18), that Your parent or legal guardian has agreed to and accepted the respective purchase and these Terms of Service on Your behalf;
b. You or the person making the respective purchase on Your behalf is the authorized Account holder for the Account from which You or the other person is making a purchase or You or the other person is 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.
9.3 When making online purchases in the Games, You agree that the process of making these purchases will start immediately and accept that You will lose any right to withdraw Your purchase once the purchase is processed.
9.4 In case Your Account becomes closed, terminated, suspended, modified, or deleted for any reason, at our sole and absolute discretion, or if we discontinue our Games, You forfeit any and all Virtual Currency and Virtual Goods earned or purchased. We are under no obligation to compensate You or anyone else for any resulting losses.
9.5 The prices for Virtual Goods are set in euros, US dollars or other currency applicable to the country You are located at and 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.
After clicking on the “Buy” button, 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.
PLEASE NOTE THAT WE DO NOT STORE ANY OF YOUR PAYMENT DETAILS ON OUR SERVERS. 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.
IF OUR ASSOCIATE PAYMENT SERVICE PROVIDER BRINGS TO OUR ATTENTION THAT THE INFORMATION YOU PROVIDED, PERSONAL AND/OR FINANCIAL, IS UNTRUE, INACCURATE, OR INCOMPLETE, WE HAVE THE RIGHT TO ANNUL RELATED FINANCIAL TRANSACTIONS, TO REVOKE ALL ASSOCIATED SOFTWARE LICENSES ACQUIRED VIA SUCH TRANSACTIONS, AND TO REFER TO APPROPRIATE AUTHORITIES THE DETAILS OF SUCH INCIDENTS.
Before You confirm Your purchase by clicking on any button concluding the purchase process or by fulfilling another action (e.g. sending a message), You must carefully review Your purchase details, 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.
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 SEVENTY-TWO (72) HOURS TO COMPLETE YOUR PURCHASE. SUCH CIRCUMSTANCES MAY INCLUDE (WITHOUT LIMITATION) YOUR INTERNET CONNECTION FAILURE AT THE MOMENT YOU MAKE THE RESPECTIVE PURCHASE, ERRORS AND/OR CONNECTION FAILURES ON THE SIDE OF THE PROVIDER OF THE PAYMENT SERVICES, ETC.
In most cases the said period of seventy-two (72) hours is enough for the payment services providers either to process Your payment (so we can complete it) or automatically refund the full price of Your purchase. In case none of the above has happened after the expiration of the said seventy-two (72) hours, please contact our support at firstname.lastname@example.org.
9.6 Please be aware that in respect to Virtual Goods we reserve the following rights:
a. to offer different sets and/or prices for Virtual Goods available for purchase for different users of the Game;
b. at any time in our sole discretion to modify the sets and/or prices of Virtual Goods available for any user of the Game;
c. to decline Your request to acquire Virtual Goods for any reason.
Additionally, 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;
b. once You have purchased Virtual Goods, those Virtual Goods are 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 email@example.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 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 these Terms of Service, or as it is required under the 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 a special in-game interface;
f. You may only acquire Virtual Goods from us or other users of the Game via special interface inside the Game;
j. Virtual Goods cannot be exchanged for cash or any other goods or services, except other Virtual Goods as permitted in the Game.
10.1 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.
10.2 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.
10.3 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.
10.4 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.
11.1 At 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”).
11.2 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 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 Community Content without our express written permission.
If You fail to comply with any of the terms set out in this section, we reserve the right to terminate Your license over Community Content and to close Your Account in accordance with Section 13 “Termination of the Terms of Service.”
If any of the provisions of these Terms of Service regarding the consumer rights contradict any of the provisions of the applicable consumer protection law, the respective provisions of these Terms of Service shall not be applied.
We reserve the right to suspend Your Account either temporarily or permanently for any reason. Permanent suspension will also mean that we close Your Account and terminate these Terms of Service between You and us.
If Your Account is suspended (or blocked) temporarily, You will not be able either to access Your Account or use the Game and the Services for the period of suspension.
If Your Account is suspended (or blocked) permanently, You will never be able either 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.
Account suspension does not grant You the right for any refunds and/or compensations even if at the time of the suspension You have had any unused Virtual Goods.
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 that Account and if the User did not reach a certain level on the Game. We are under no obligation to compensate You for any such losses or results.
Additionally, we reserve the right to terminate any Account that has been inactive for 5 years even if purchases have been made from that Account and regardless of the level reached on the Game. We have no obligation or responsibility to and will not reimburse or refund You for any unused Virtual Good lost due to such termination. Upon such termination Your personal information will be destroyed, and we will not be able to restore them.
If You believe that Your Account has been suspended in error, please contact our support at firstname.lastname@example.org.
You may close Your Account and terminate these Terms of Service at any time without a cause by contacting our support at email@example.com.
Please note that, in case You try to communicate with our support via email, You will be prompted to complete the verification procedure whereas You select the in-game “support” button so that You can verify Your in-game identity.
As soon as the above process is completed, You will be asked to confirm the deletion of Your Account and will be notified as soon as it takes place.
Kindy note, that, in case You confirm the deletion, Your request for erasure will be processed within one month of its receipt, either for its satisfaction, rendering impossible the reactivation of Your deleted Account 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 (Article 12.3, General Data Protection Regulation).
However, if You access Your Account during these 45 days, Your Account will be reactivated.
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 PURCHASED VIRTUAL GOODS WILL BE LOST FOREVER AND WE WILL NOT BE ABLE TO RESTORE THEM EVEN IF YOU CHANGE YOUR MIND AFTERWARDS.
In case You choose to close Your Account and terminate these Terms of Service, You will not be entitled to any refunds or compensations even if at the time of such a closure You have had unused Virtual Goods.
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.
14.1 You may not assign any rights or obligations under the Terms of Service or Policies without our prior written consent, and any unauthorized assignment and delegation by You is ineffective.
14.2 We, on the other hand, can assign or delegate these Terms of Service and/or other Policies, in whole or in part, to any person or entity at any time with or without Your consent.
We need to have a built-in tracking system / features which help us improve our services, In order to collect information on how You use the Games. But we track only Your game activities and nothing outside the Games.
16.1 These Terms of Service are governed by the laws of Cyprus and EU Law.
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, we and You shall consult and negotiate with each other and thus attempt to reach a satisfactory solution. If a satisfactory solution is not reached in mutual negotiations, the dispute shall exclusively be settled by the courts of general jurisdiction of Cyprus in accordance with the laws of Cyprus and EU Law.
16.2 For disputes arising between us and You or any other user of the Game and not settled in mutual negotiations, You and we agree that we can only bring a claim against each other on an individual basis. Neither You nor we can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.
17.1 Please address all Your questions, complaints, or comments regarding these Terms of Service to our Support team at firstname.lastname@example.org.
Please note that we are always looking forward to providing support to You in relation to technical problems / difficulties that You may encounter while using the Game. However, please be aware that the technical support is available solely during the working hours of the technical support team and might take extra time to revert back to Your query, whereby the technical support might not meet Your expectations.
17.2 Please note that we may occasionally send You the emails with offers, promotions, and/or information of interest. To opt out from receiving the emails from us, please follow the unsubscribe instructions contained in the relevant emails or contact us at email@example.com. Our applications may also send notifications to Your phone.
Last Update: February 7, 2022
Previous versions: before February 7, 2022
Table of contents
3. Who is the data controller
4. Age restriction
5. Information We Collect and How We Use It
6. Purpose of Processing Personal Data
7. Legal Basis for Processing Personal Data
8. Retention Period
9. Security of Your Personal Data
10. Information We Share—Data Transfer
12. Your Rights
13. Do not track signals
14. Contact Us
15. National Data Protection Authority in Cyprus
16. Links to other Websites
a. our website totalbattle.com (hereinafter, the “Site”);
b. our mobile application of the Game (hereinafter, the “Mobile Application”);
c. our downloadable clients of the Game: Desktop client and Steam™ client (hereinafter, the “Game client”);
d. our Game in Facebook™ App center (hereinafter, the “Facebook™ App”);
and any other Services related to the Game offered by SCOREWARRIOR LIMITED (HE348535 Republic of Cyprus) established at: 16 Spyrou Kyprianou Avenue, Divine Clock Tower, 1st floor, 3070 Limassol, Cyprus (hereinafter, the “Company” and/ or “we,” “our,” “us”) and regulates how we collect, use, process, and treat your personal information when searching information about the Game or registering, creating an account, and playing the Game.
1.3 An overall principle is that we do not collect more information than is reasonably necessary to provide you with the best user experience.
For the purposes of this Policy:
For the purposes of the relevant data protection legislation, the data controller is 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: firstname.lastname@example.org.
We do not knowingly collect personal information about persons under the age of 16 in cases where we can control it. For example, it is not possible to control information that is communicated to us online. In any event, if we find that we have collected any personal information from a person under the age of 16 (in accordance with Article 8 of the Regulation), 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 16, please contact us.
5.1 We collect information about you directly from you, automatically through your use of our Service, and from third parties. We may combine the information that we collect about you from these various sources.
5.2 Information you give us directly / personal data: When you are using the Game or by corresponding with us by e-mail or otherwise, you may give us information about you. This includes, but not limited to, information you provide when you register to use the Game, subscribe to our Service, or when you report a problem with our Game. The information you give us may include:
a. Your e-mail address;
b. Your first and last names and/or username and user ID;
c. Your date of birth;
d. Your gender;
e. Your location and time-zone;
f. Your address;
g. Desired payment method, amounts, payment terms, name and surname, place, telephone, e-mail during payment, full credit card details / IBAN, data of depositor if defers from the payee;
h. Interface display language;
i. Your in-game chat messages and history;
j. History of all your actions in the Game and/or any blocking;
k. History of your purchases of Virtual Goods;
l. Your messages sent to our Support and history of all inquiries;
n. 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 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 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 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;
o. We might use your data for the purposes of, in case you are living in EU, including it in the VAT invoices where we are legally required to do so.
5.3 Information we collect about you automatically through your use of the service / usage data: We collect information that comes from you while you are playing our Games, interacting with the application/website and other Services. Such information includes, but not limited to, what device and browser you are using, the way you play the Game and your levels, profile visits, demographic information, geographic and geo-location information, 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. Additionally, information we collect via cookies. For more information, please refer to the proper section of this policy and to our Cookies Banner/Policy.
5.4 Information we receive from other sources: If you use any of the other platforms that we provide our services, we may receive information (such as the relevant identifier, e-mail, nickname) about you from these platforms / our partners. Furthermore, we may receive information about you from our partners, with whom we are working closely, including, but not limited to, Facebook, Google (Android), Apple (iOS), business partners, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies. Our partners, and not us, are responsible for your account on their platforms, and we recommend that you review their privacy policies.
a. Information from publicly available online sources: We may use the information made publicly available, e.g. through YouTube, Facebook, community pages, in order to find out your opinion about our Games and Services and improve our Services. Such data collection can be carried out by our Company independently or received from our partners.
b. Information from our partners / third parties: In some instances, our partners are the personal data controllers, and we receive your personal data as the data processors meaning that we use them in accordance with their policies, instructions, and applicable laws. We will use this data in accordance with the entire legal framework and especially EU Regulation 2016/679 (General Data Protection Regulation).
c. Payment Service Providers: When making online purchases in the Game, our Payment Service Providers perform the processing of your payment. In such instances, the information you may give to our Payment Service Providers may include the desired payment method, amounts, payment terms, name and surname, place, telephone, e-mail during payment, full credit card details / IBAN, or data of depositor if defers from the payee. We may receive from our Payment Service Providers and process a part of this information, including, but not limited to, name and surname, a part of your credit card number, information about your credit card issuer, e-mail address.
d. Platforms: 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.
e. 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.
a. To respond to your submissions, questions, comments, requests, and complaints and provide 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 relevant content, ads, in-game offers, and features that matches your or other people’s preferences;
d. To increase functionality and general quality of the Game;
e. To send you confirmations, updates, security alerts, and support/administrative messages;
f. For marketing campaigns purposes, including (without limitation) e-mail marketing campaigns;
g. To provide competitions;
h. To prevent cheating, fraud, and crime and to verify your compliance with our terms and conditions and our policies;
i. To meet legal and tax obligations and to carry out financial, regulatory, and management reporting and audit and record keeping;
j. To provide and maintain our Service;
k. To notify you about changes to our Service;
l. To allow you to participate on interactive features of our Services when you choose to do so;
m. To gather analysis or valuable information so that we can improve our Service;
n. To detect, prevent, and address technical issues;
o. For any other purposes, which we believe are necessary and for which the information is collected;
p. To protect our property rights and to enforce our legal rights;
According to Article 6.1 of the GDPR, we rely on the following legal bases for the collection and use of your personal information:
We store personal data for as long as required by the respective processing purpose and any other lawful linked purpose.
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.
Data that may be necessary for our legitimate interests as the controller are kept until the reason for such storage has expired.
Personal data of expression of interest through a query or a complaint are kept no longer than 6 months after the query or the complaint is answered and permanently settled.
Players’ personal data are kept for 5 years since the last day of active participation in the Game. We will delete your personal data after you request your account deletion and within one month of the request receipt rendering impossible the reactivation of your deleted account.
Cookies are kept for no longer than two years.
Specifically for personal data we process based on your consent (e.g. for marketing purposes), such data is kept from obtaining your consent and until it is revoked.
Personal data that are no longer necessary are safely destroyed or anonymized.
We have implemented reasonable and appropriate organizational and technical measures to protect the personal data and the entire information we collect from security risks.
We do follow the rules of Regulation (EU) 2016/679 (General Data Protection Regulation) 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. 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.
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:
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.
Some personal data of yours may be disclosed to public 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, or anyone else.
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.
Your information (including personal data) can only be accessed (with limited access rights to the absolutely necessary) by our authorized employees or consultants or the concerned group entities that need to have access to this data in order to be able to fulfill their given duties. In order 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 or against accidental or unlawful loss, misuse, or alteration.
We are working with third parties that are based outside of the European Economic Area (EEA) and may transfer data about you to the countries in which these parties reside. Whenever we share personal data originating in the EU with an entity outside of 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.
Some of the information you provide to us are stored on our secure servers based in the European Economic Area (“EEA”), the United States of America, Russia, Korea, and Singapore.
By submitting your personal data, you agree to this transfer, storing, or processing.
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 to allow all cookies from our Sites, otherwise some of our Services may work incorrectly and some features may become unavailable.
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/Policy.
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.
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 “limit ad tracking” (Apple iOS) or “opt out of interested-based ads” (Android). You can adjust your mobile push notifications in your Android or iOS device settings menu.
For display advertising on our Site, 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).
Under the General Data Protection Regulation, 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 e-mail address provided below.
These rights are the following:
• your personal data are no longer necessary in relation to the purposes for which we collected it;
• withdraw your consent on which the processing is based and where there is no other legal basis for the processing;
• your personal data have been unlawfully processed;
• your personal data have to be erased for compliance with a legal obligation we are subject to.
We reserve the right to refuse this right of immediate implementation if the processing is necessary for compliance with any legal obligation we are subject to, or for reasons of public interest, or for the foundation and exercise or support of our legal claims (according Article 17 § 3 of the Regulation).
In case you want to exercise such a right, please let us know via e-mail at email@example.com. Be informed that, in order for us to process your request and to prevent us from collecting any future information about you, you should delete the Game application from your devices and terminate your account with us and clear your cookies from any device where you have played our Games in a web browser.
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 communications from us, you may need to opt out of all of them individually. It may take a few days for us to update our records before any opt out is effective.
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 “limit ad tracking” (Apple iOS) or “opt out of interested-based ads” (Android). You can adjust your mobile push notifications in your Android or iOS device settings menu. For display advertising on our Site, 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). 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.
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, 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 (Article 12.3).
The exercise of your rights is free of charge.
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.
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 such complaint, you may contact us if you wise so we can provide you with complete information and support.
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.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
For any questions regarding the processing of your personal data and the exercise of your rights mentioned above, you may contact us by phone at +357 25 211 945 (working hours: 09:00—17:00 Cyprus time zone), by e-mail at firstname.lastname@example.org, and by post at: 16 Spyrou Kyprianou Avenue, Divine Clock Tower, 1st floor, 3070 Limassol, Cyprus.
In our webpage www.scorewarrior.com you may find a more extensive description of our Policy.
If you wish to contact the Supervisory Authority in the country of our establishment, the contact details are: Jason 1 str., 1082 Nicosia, CYPRUS, phone +357.22818456, e-mail: email@example.com.
Due to the services constantly evolving, this Policy might change from time to time, therefore we advise you to check for the latest versions which will always be published on our website.
Last Update: August 20, 2020
“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: firstname.lastname@example.org.
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
“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: email@example.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 updated: February 7, 2022
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Total Battle ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and SCOREWARRIOR LIMITED, and it governs your use of the Application made available to you by SCOREWARRIOR LIMITED.
This Agreement together with third-parties’ rules and other documents that you accept set out how we expect you to behave when playing the Game. Please review them carefully before playing the Game.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by SCOREWARRIOR LIMITED for use strictly in accordance with the terms of this Agreement.
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), license to download, install, and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
The Application, including, without limitation, all copyrights, patents, trademarks, trade secrets code, graphics, game play, user interface, audio, and other intellectual property rights are, and shall remain, the sole and exclusive property of SCOREWARRIOR LIMITED and are protected by copyright and other laws including but not limited to intellectual property.
We value your opinion to the fullest, but you need to comprehend that any suggestions for improvements or feedback you might give on our Service/Product are going to be transferred to us in all property. With this agreement, you give us a sub-licensable, royalty-free, irrevocable, worldwide license to use and incorporate such suggestions and feedback in SCOREWARRIOR Services without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback (such as the right to be identified as the author).
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to SCOREWARRIOR LIMITED with respect to the Application shall remain the sole and exclusive property of SCOREWARRIOR LIMITED.
SCOREWARRIOR LIMITED shall be free to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
SCOREWARRIOR LIMITED reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
SCOREWARRIOR LIMITED may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that SCOREWARRIOR LIMITED has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that SCOREWARRIOR LIMITED shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or 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.
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 such third parties' terms and conditions.
This Agreement shall remain in effect until terminated by you or SCOREWARRIOR LIMITED.
SCOREWARRIOR LIMITED may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from SCOREWARRIOR LIMITED, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Additionally, SCOREWARRIOR LIMITED reserves the right to terminate any Account that has been inactive for 5 years even if purchases have been made from that account and regardless of the level reached on the Game. SCOREWARRIOR LIMITED has no obligation or responsibility to and will not reimburse or refund you for any unused Virtual Good lost due to such termination. Upon such termination Your personal information will be destroyed, and SCOREWARRIOR LIMITED will not be able to restore them.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement 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 Agreement) of any of your obligations under the present Agreement.
You are not allowed to enter into this Agreement with us if you are under the age of 16. If you are under the age of 16, do not click on the "I Agree" button and do not download or use the Application. By clicking on the “I Agree” button, you confirm that you are aged 16 years or over. More information you may find on our game Terms of Service.
You agree to indemnify and hold SCOREWARRIOR LIMITED and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any losses, costs, liabilities claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of or inability to use the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party including any Users; (d) Your Content.
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 will fully cooperate with SCOREWARRIOR LIMITED in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.
The Application is 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, 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 Application, including all implied warranties of merchantability, fitness 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 Application 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.
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 Application or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, 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.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of SCOREWARRIOR LIMITED and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall SCOREWARRIOR LIMITED or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if SCOREWARRIOR LIMITED or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
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.
If any provision of this Agreement is held to be unenforceable or invalid, 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.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
SCOREWARRIOR LIMITED reserves the right, at its sole discretion, to amend the terms and conditions of this Agreement at any time. If a revision is material, we will notify you. You are bound by any changes to this Agreement when you use the Service after such changes have been first notified.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Cyprus, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national or international laws.
If you have any questions about this Agreement, please contact us at: firstname.lastname@example.org.
The Agreement constitutes the entire agreement between you and SCOREWARRIOR LIMITED regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and SCOREWARRIOR LIMITED.
You may be subject to additional terms and conditions that apply when you use or purchase other SCOREWARRIOR LIMITED's services, which SCOREWARRIOR LIMITED will provide to you at the time of such use or purchase.