1. Introduction
Welcome to Lycian Warrior (the "Game" or "App"). By downloading, installing, registering with, accessing or otherwise using the Game, you agree to be bound by these Terms of Use ("TOU"). In this TOU, "us", "we", or "our" means RPS Mobile Games and its subsidiaries, parent companies and other companies under common ownership.
2. Eligibility
You must be at least 13 years of age to download, install, register with, access and/or otherwise use the Game. By doing so, you are warranting that you are 13 or older and agreeing that you will comply with the terms and conditions of this TOU.
3. Device Usage
You represent that you own or control the device you use to access the Game ("your Device"), and understand that airtime, data, messaging, and other charges from the provider of your Device or mobile service may apply. It is your responsibility to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with the Game.
We do not make any representations, warranties, or guarantees that the Game will be compatible with, or accessible by, your Device.
4. License
(a) Grant. With the exception of third party materials and user-generated materials, all content of the Game, including text, photographs, images, graphics, designs, trademarks, audio, video, content, software and files ("Our Content") is proprietary to RPS Mobile Games and its licensors. We hereby grant you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to reproduce and display Our Content delivered from the Game on your Device solely for your personal, non commercial, and entertainment use. Except as permitted by this TOU, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell any Our Content. Any unauthorized use of Our Content may violate copyright, trademark, patent, trade secret, or other applicable laws and regulations and will result in the termination of this license.
(b) Compliance with Third-Party Terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of the Game, including the terms and conditions of any mobile application platform storefronts for the Game (e.g., the Apple App Store or Google Play).
(c) No Sale. You agree that the Game and any Our Content are at all times licensed and not sold.
5. Virtual Items and Virtual Currency
(a) Company Ownership. We own, have licensed, or otherwise have the rights to use all Our Content appearing or originating in the Game, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency").
(b) License Only. Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in the Game, and they have no "real world" value. By purchasing or receiving Virtual Items and Virtual Currency, all that you receive is a limited license to use them in the Game by the terms of this TOU. Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
(c) Types & Prices. The "prices" for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.
(d) No Redemption. Virtual Items and Virtual Currency may never be redeemed by you for "real world" money, goods, wares, merchandise, services, or anything of monetary value from us, any of our affiliates, or any other person.
6. In-Game Purchases and Payments
(a) Orders. If you are under the age of 18 or whatever is the age of legal majority where you access the Game, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to this TOU.
You may purchase, with "real world" money, a limited license to use Virtual Items or Virtual Currency (any license, "Access"). You agree that all Access purchases are final. Your orders for Access are offers for use of that content, and if accepted, the relevant content will be made available to you under the terms of this TOU.
You expressly consent to the making available of that content immediately upon acceptance of your order. If you are a resident of the European Union and you purchase Access from us, the right to withdraw from such purchases within 14 days of the date of purchase ("Cooling Off Period") may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order Access from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance.
You understand and agree that we provide no refunds for any purchases made through the Game.
(b) Charges and Taxes. You are responsible for and will pay all fees, charges, and applicable taxes incurred by you in connection with use of the Game or the purchase of content for the Game. Note also that you may be charged use, VAT, sales, or like tax on your orders as applicable.
7. Advertising
Lycian Warrior may display third-party advertisements. By using the Game, you agree to the display of such advertisements.
We take no responsibility for third party advertisements that are posted on or through the Game or goods or services provided or promoted by any third party through third party advertisements, nor does it take any responsibility for goods or services provided by its advertisers. Reference to any products, services, content, or other information does not constitute or imply sponsorship, endorsement, or recommendation by us. Your choices regarding advertisements that appear in the Game are provided in the Privacy Policy. Analytics are also enabled in the Game to provide us and our partners with application data regarding your usage. Your use of the Game represents your consent to the collection and use of your data as provided in the Privacy Policy.
8. Third-Party Services
(a) Links to Content. The Game may contain links to third party websites and content owned by, or originating from, third parties. We are not responsible for the accuracy, appropriateness, or completeness of such websites or content. Our inclusion of any linked website or third party content in connection with the Game does not imply approval or endorsement by us. If you follow a link to a third party website or content, you do so solely at your own risk.
9. User Conduct
You may use the Game solely for your personal, non-commercial, and entertainment use. You represent, warrant, and agree that you will not use the Game in an unlawful, threatening, or harassing manner. In addition to the above, you agree not to do any of the following in connection with the Game:
• Post, upload, publish, submit, or transmit any content that infringes, misappropriates, or violates a third party's rights
• Violate, or encourage any conduct that would violate, any applicable law or regulation
• Post content that is fraudulent, false, misleading, defamatory, obscene, or offensive
• Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
• Attempt to probe, scan, or test the vulnerability of any system or breach any security measures
• Use cheats, exploits, hacks, bots, mods, or third party software designed to gain an advantage
• Interfere with the access of any user, including sending a virus, overloading, flooding, or spamming
• Collect personally identifiable information from other users without express permission
• Engage in any fraudulent behavior or credit card misappropriation
We reserve the right to investigate and take legal action against violators as appropriate. If you believe any prohibited acts are taking place, please notify us at team@rpsmobilegames.com
10. Content Removal & Termination
We reserve the right, in our sole judgment, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit any user content, and to deny, restrict, suspend, discontinue, or terminate access to the Game or any portion thereof at any time with or without prior notice or explanation, for any or no reason, and without liability.
11. Privacy
The privacy of Game users is important to us. The Game's Privacy Policy is incorporated into this TOU by reference. You agree that by accessing the Game you consent to have your personal data transferred to, and processed in, the United States and other countries and territories.
12. Intellectual Property Rights
We respect the intellectual property rights of others and expect Game users to behave likewise. You may not upload, post, send, or transmit to or through the Game any materials that violate third party intellectual property rights. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with the Game, you may notify us at: team@rpsmobilegames.com
13. Disclaimers; No Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THE GAME IS AT YOUR SOLE RISK. THE GAME, INCLUDING ANY CONTENT PROVIDED THROUGH THE GAME, IS PROVIDED ON AN "AS IS" BASIS AND WE HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE GAME OR ANY PORTION THEREOF WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH THE GAME.
14. Limitation of Liability
IN NO EVENT WILL RPS MOBILE GAMES, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF THE GAME, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($10 USD).
15. Governing Law and Disputes
(a) Governing Law. You agree that the laws of Poland, excluding its conflicts of law rules, will govern this TOU and any dispute between you and RPS Mobile Games.
(b) Jurisdiction and Venue. You and RPS Mobile Games agree to submit to the exclusive jurisdiction of, and venue in, Opole, Poland with respect to any dispute between you and RPS Mobile Games.
16. Indemnity
You agree to indemnify and hold harmless RPS Mobile Games, its affiliates, and its and their respective directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to: (i) your use of the Game; (ii) your breach of this TOU; and (iii) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights.
17. Changes to Terms of Use
We reserve the right to change this TOU at any time. If we change this TOU in a material way, we will give notice of that by placing a notice in the Game or by sending you a notice to the email address we have on file. Your use of the Game after we have changed the TOU will indicate your consent to the updated TOU.
18. Contact Information
For any questions or concerns regarding these Terms of Use, please contact us at:
RPS Mobile Games
Email: team@rpsmobilegames.com
Address: Boyacıoğlu mh. 979 sk. 12-I Blok K:3 D:8 26563 Tepebaşı, Eskişehir, Türkiye