TERMS & CONDITIONS


Effective Date: 12th January, 2025

The terms of this agreement ("Terms & Conditions") govern the relationship between you and Nikolai Iakubovskii (Calle Emilio Tuya, 37, 5A, Gijon, Asturias, 33202, Spain),  (hereinafter " Nikolai Iakubovskii " or "Us" or "We") regarding your use of Nikolai Iakubovskii 's games, websites and related services (the "Service"). Use of the Service is also governed by Nikolai Iakubovskii 's Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any Nikolai Iakubovskii website or accessing a game, you must agree to these Terms & Conditions and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 12 or older. If you are between the ages of 12 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its Terms & Conditions /use as well as these Terms & Conditions.

In the event of a violation of these Terms & Conditions by a minor, the parent or legal guardian agrees to:

  1. Fully compensate Nikolai Iakubovskii for any damages, costs, or losses incurred as a result of the minor's actions, including unauthorized purchases or breaches of intellectual property rights.

  2. Ensure that the minor ceases all unauthorized use of the Service immediately.

  3. Take reasonable steps to prevent future violations, such as monitoring the minor’s use of the Service or restricting their access to the Service.

By allowing a minor to use the Service, parents or legal guardians acknowledge and accept full responsibility for any actions taken by the minor while using the Service, including financial transactions and interactions with other users.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Nikolai Iakubovskii reserves the right, at its discretion, to change, modify, add or remove portions of these Terms & Conditions, its Privacy Policy and other relevant Nikolai Iakubovskii policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms & Conditions, the Privacy Policy, or any other policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. License

1.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms & Conditions and any other relevant Nikolai Iakubovskii policies, Nikolai Iakubovskii grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

  • You shall not create an Account or access the Service if you are under the age of 12; You shall restrict use by minors, and you will deny access to children under the age of 12. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.

  • You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Nikolai Iakubovskii, or previously been banned from playing any Nikolai Iakubovskii game.

  • You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

Login information and Your Account

You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Nikolai Iakubovskii and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Nikolai Iakubovskii reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.

The Service supports only one Account per game on a supported device.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

  • Engage in any act that Nikolai Iakubovskii deems to be in conflict with the spirit or intent of the Service or make improper use of Nikolai Iakubovskii’s support services.

  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Nikolai Iakubovskii game or any Nikolai Iakubovskii game experience.

  • Modify or cause to be modified any files that are a part of the Service or any Nikolai Iakubovskii game without Nikolai Iakubovskii 's express written consent. Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Nikolai Iakubovskii 's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.

  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Nikolai Iakubovskii game environment.

  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.

  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Nikolai Iakubovskii, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

  • Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including but not limited to Nikolai Iakubovskii as an individual or any representatives acting on behalf of the Service.

  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or impersonates any other person, including but not limited to Nikolai Iakubovskii.

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Nikolai Iakubovskii game, or to obtain any information from the Service or any Nikolai Iakubovskii game using any method not expressly permitted by Nikolai Iakubovskii.

  • Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Nikolai Iakubovskii game.

  • Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

Nikolai Iakubovskii reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms & Conditions or the Service itself. Nikolai Iakubovskii reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

1.2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, NIKOLAI IAKUBOVSKII MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR NIKOLAI IAKUBOVSKII SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS & CONDITIONS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND NIKOLAI IAKUBOVSKII IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

NIKOLAI IAKUBOVSKII RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Nikolai Iakubovskii reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Nikolai Iakubovskii shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service . Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

Post-Termination Obligations

The terms and restrictions outlined in this agreement, including but not limited to those regarding intellectual property rights, prohibited activities, and liability limitations, shall remain in effect even after the termination or deactivation of your account or your cessation of use of the Service. By agreeing to these Terms & Conditions, you acknowledge and accept that these obligations are binding beyond the period of your active engagement with the Service.

2. Ownership

2.1. Games and Service

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Nikolai Iakubovskii game client, and the Nikolai Iakubovskii game clients and server software) are owned by Nikolai Iakubovskii. Nikolai Iakubovskii reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NIKOLAI IAKUBOVSKII.

2.3. Virtual Items

Nikolai Iakubovskii owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Nikolai Iakubovskii games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Nikolai Iakubovskii game, whether earned in a game or purchased from Nikolai Iakubovskii, or any other attributes associated with an Account or stored on the Service.

3. User Content

3.1. Submission of User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Nikolai Iakubovskii game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Nikolai Iakubovskii in accordance with its Privacy Policy.

3.1.1. Content Screening

Nikolai Iakubovskii assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering these Terms & Conditions, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

Nikolai Iakubovskii reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Nikolai Iakubovskii chooses, in its sole discretion, to monitor the Service, Nikolai Iakubovskii nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Nikolai Iakubovskii cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Nikolai Iakubovskii shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Nikolai Iakubovskii may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Nikolai Iakubovskii violates these Terms & Conditions.

3.2.3. Your License to Nikolai Iakubovskii

You hereby grant to Nikolai Iakubovskii an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Nikolai Iakubovskii the right to authorize others to exercise any of the rights granted to Nikolai Iakubovskii under these Terms & Conditions. You further hereby grant to Nikolai Iakubovskii the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Nikolai Iakubovskii does not claim any ownership rights in your User Content and nothing in these Terms & Conditions is intended to restrict any rights that you may have to use and exploit your User Content. Nikolai Iakubovskii has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

3.3. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Nikolai Iakubovskii games. Nikolai Iakubovskii reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Nikolai Iakubovskii to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Nikolai Iakubovskii access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

4. Fees and Purchase Terms

4.1.Purchases

In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds, all for use in Nikolai Iakubovskii games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.

Nikolai Iakubovskii may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Nikolai Iakubovskii shall have no liability to you or any third party if Nikolai Iakubovskii exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Nikolai Iakubovskii, another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. UNDER EU LAW, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT YOU WAIVE YOUR RIGHT TO WITHDRAW FROM THE PURCHASE WITHIN 14 DAYS AS THE SERVICE IS PROVIDED IMMEDIATELY AFTER THE TRANSACTION IS COMPLETED. THIS WAIVER IS IN ACCORDANCE WITH ARTICLE 16(M) OF THE DIRECTIVE 2011/83/EU ON CONSUMER RIGHTS.

The provision of Virtual Items for use in Nikolai Iakubovskii games is a service provided by Nikolai Iakubovskii that commences immediately upon acceptance by Nikolai Iakubovskii of your purchase.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Nikolai Iakubovskii may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT NIKOLAI IAKUBOVSKII IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Updates to the Service

You understand that the Service is an evolving one. Nikolai Iakubovskii may require that you accept updates to the Service and to Nikolai Iakubovskii 's games you have installed on your device or computer. You acknowledge and agree that Nikolai Iakubovskii may update the Service and Nikolai Iakubovskii games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Nikolai Iakubovskii games.

6. Disclaimer of Warranties

WITHOUT LIMITING NIKOLAI IAKUBOVSKII 'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NIKOLAI IAKUBOVSKII DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Nikolai Iakubovskii shall not be responsible for any loss of data or content resulting from interruptions or errors in the Service.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NIKOLAI IAKUBOVSKII SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS & CONDITIONS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIKOLAI IAKUBOVSKII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR FULL RESPONSIBILITY FOR ANY AND ALL DIRECT OR INDIRECT DAMAGES, LOSSES, OR COSTS ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR ANY UNINTENDED CONSEQUENCES OF USING THE SERVICE.

TO THE EXTENT NOT PROHIBITED BY LAW, NIKOLAI IAKUBOVSKII SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO NIKOLAI IAKUBOVSKII IN ACCORDANCE WITH THESE TERMS & CONDITIONS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS TO NIKOLAI IAKUBOVSKII DURING THIS PERIOD, YOUR SOLE REMEDY IS TO STOP USING THE SERVICE.

NOTHING IN THESE TERMS & CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD BY NIKOLAI IAKUBOVSKII.

You agree to indemnify, defend and hold Nikolai Iakubovskii harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms & Conditions, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. Dispute Resolution and Law[DK2] 

If a dispute arises between you and Nikolai Iakubovskii, we strongly encourage you to first contact us directly to seek a resolution. These Terms & Conditions and any dispute arising out of or related to them, the Privacy Policy, or the Service shall be governed in all respects by the laws of Spain, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nikolai Iakubovskii must be resolved exclusively by a court located in Spain. By using the Service, you expressly consent to the jurisdiction of such courts in Spain.

9. Severability

You and Nikolai Iakubovskii agree that if any portion of these Terms & Conditions or of the Nikolai Iakubovskii Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. General Provisions

10.1. Assignment

Nikolai Iakubovskii may assign or delegate these Terms & Conditions and/or the Nikolai Iakubovskii Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms & Conditions or Privacy Policy without Nikolai Iakubovskii 's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

Nikolai Iakubovskii may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms & Conditions.

10.3. Entire Agreement

These Terms & Conditions, any supplemental policies and any documents expressly incorporated by reference herein (including the Nikolai Iakubovskii Privacy Policy), contain the entire understanding of you and Nikolai Iakubovskii, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

10.4. No Waiver

The failure of Nikolai Iakubovskii to require or enforce strict performance by you of any provision of these Terms & Conditions or the Nikolai Iakubovskii Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Nikolai Iakubovskii 's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Nikolai Iakubovskii of any provision, condition, or requirement of these Terms & Conditions or the Nikolai Iakubovskii Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms & Conditions, no representations, statements, consents, waivers, or other acts or omissions by Nikolai Iakubovskii shall be deemed a modification of these Terms & Conditions nor legally binding, unless documented in physical writing, hand signed by yourself and a duly appointed officer of Nikolai Iakubovskii.

10.5. Notices

We may notify you via postings on https://centered-grammar-769479.framer.app/, and via e-mail step.saga.info@gmail.com or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms & Conditions or the Nikolai Iakubovskii Privacy Policy shall be in writing and addressed to: Calle Emilio Tuya, 37, 5A, Gijon, Asturias, 33202, Spain  .Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms & Conditions to Nikolai Iakubovskii are of a unique and irreplaceable nature, the loss of which shall irreparably harm Nikolai Iakubovskii and which cannot be replaced by monetary damages alone so that Nikolai Iakubovskii shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Nikolai Iakubovskii game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

10.7. Force Majeure

Nikolai Iakubovskii shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Nikolai Iakubovskii, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Nikolai Iakubovskii 's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 



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