General Terms of Service
1. Subject-Matter
1.1. ROCKSTONE provides Users with an opportunity to play online games and use related services on various platforms on the Internet.
1.2. The following General Terms of Service apply when using ROCKSTONE's Services. The following have subordinate priority and apply in the stated order:
ROCKSTONE's Data Protection Policy
Code of Conduct (see appendix 1 for more details on the Code of Conduct).
1.3. Any terms and conditions prescribed by the User are excluded.
2. Contract Closure, Term
2.1. The contract between ROCKSTONE and the User on using one or more games or other services on a platform (referred to hereinafter as "License Agreement") is brought about as soon as the User accepts these General Terms of Service on using one of ROCKSTONE's games on a specific platform. In each case, a License Agreement is brought about for a single platform (e.g. a specific social network or operating system), and it may cover one or more games. Several License Agreements exist concurrently if the User plays games from ROCKSTONE on different platforms. The User may not transfer the License Agreement or the content thereof, its account data and/or any related claims.
2.2. Any individual over the age of 18 who has full legal capacity may become a User. Minors may only conclude a License Agreement with the consent of a parent or guardian. The User must provide all the data required accurately and in full, and keep it up-to-date at all times. At any time ROCKSTONE is entitled to demand adequate proof of the User's identity and age of majority or of consent from a parent or guardian, or to make using specific functions contingent upon such proof.
2.3. A License Agreement is concluded for an indefinite period. The User may terminate the License Agreement by deleting its account or the application.
2.4. The right of both contractual partners to give extraordinary notice for important cause remains unaffected. An important cause shall be deemed the case if the User defaults in payment of any fee and still fails to pay despite being sent a reminder, or culpably commits any breach of duty that is more than merely insubstantial.
2.5. On termination of the License Agreement the User's account is deleted, thus disabling access to ROCKSTONE's services. The User is not entitled to have deleted data restored, even on re-registering. The User is not entitled to any refund insofar as it has already made use of the services provided by ROCKSTONE (e.g. coins, virtual goods).
3. Content & Scope of License Agreement
3.1. Under the License Agreement, the User is authorised to put the games and services provided on the respective platform (also jointly referred to hereinafter as "ROCKSTONE's Services") to personal use for a limited period in accordance with the respective terms stipulated. ROCKSTONE's Services are put at the User's disposal along with the available functions in each case; no right to have certain functions provided exists. ROCKSTONE is entitled at any time to alter content or functions (e.g. by way of patches, updates or modifications).
3.2. No warranty of any specific availability is given for ROCKSTONE's Services. In particular, downtimes may be caused by technical problems beyond ROCKSTONE's control. Maintenance work may impair availability; insofar as is possible, it shall be carried out paying consideration to users. In addition, unannounced maintenance measures may be necessary, such as in the event of unpredictable failures (e.g. due to attacks, viruses). No warranty can be given that the software used by ROCKSTONE is entirely devoid of errors. The User is not entitled to demand that ROCKSTONE's Services be provided or kept in a given condition.
3.3. ROCKSTONE's Services may be fee-paying or free of charge. ROCKSTONE shall always draw adequate advance attention to fee-paying services.
3.4. By way of a fee-paying service, ROCKSTONE may offer certain units or virtual currencies (e.g. in the form of coins, ROCKSTONE cash or points) under a License Agreement or for individual games, which may be used accordingly depending on the agreed terms and the game's setup. These units or virtual currencies constitute an element of the game and are thus of no monetary value. In particular, alterations to ROCKSTONE's Services may result in changes in how they may be used. Trading or exchanging the units or virtual currencies into real money is excluded.
3.5. Under a License Agreement or for individual games, ROCKSTONE may also offer individual functions, add-ons, short cuts or virtual goods as a fee-paying service. Some of these paid features may also be used in exchange for units or virtual currency (see 3.4 above); changing them back again is excluded in each case. The User may use a fee-paying feature in accordance with the terms agreed in each case. For the avoidance of doubt, the User is granted a non-exclusive right to use the respective function for a limited period. The limited period is either apparent from the nature of the respective feature, or otherwise ends on termination of the License Agreement.
3.6. Units pursuant to Item 3.4 or features pursuant to Item 3.5 are not transferable and may not be otherwise used elsewhere, unless this is permitted under the rules of the game. Transferral in exchange for financial advantages is inadmissible at all times.
3.7. Whenever units pursuant to Item 4.4 or features pursuant to Item 3.5 are provided by ROCKSTONE free of charge, the User may not derive any rights whatsoever there from. ROCKSTONE may therefore demand back or erase the units or features concerned at any time.
3.8. The User is only granted the right to use ROCKSTONE's Services personally. ROCKSTONE retains all proprietary and other rights in ROCKSTONE's Services. The User is not entitled to extend its scope of usage, to assign its license, to grant sub-licenses and/or to alter, pass on or sell ROCKSTONE's Services or otherwise make them accessible to third parties.
4. User's Obligations
4.1. The User is under obligation when using ROCKSTONE's Services to comply with ROCKSTONE's Code of Conduct. Any instructions and notes (e.g. FAQ) issued by ROCKSTONE are to be heeded by the User as amended at the time. The User is to report to ROCKSTONE immediately if it gains knowledge of any breach of duty by another User or of any violation of ROCKSTONE' Code of Conduct. If the User commits any breach of duty, ROCKSTONE may take appropriate measures (e.g. issue a warning, block or erase content, disable the User's access, or give notice pursuant to Item 2 above).
4.2. The User is liable without restriction for its own conduct and its own account. This applies in particular to any contributions posted and any content used by the User (e.g. photos); if in doubt, the User is bound to verify beforehand that they do not violate statutory regulations, or breach public policy or infringe third-party rights (e.g. copyright, data protection rights) anywhere in the world. ROCKSTONE is under no obligation to also check their accuracy or verify their legality. As a matter of principle, ROCKSTONE does not adopt as its own any information posted by Users or third parties.
4.3. On posting content with ROCKSTONE, the User assigns to ROCKSTONE in perpetuity all the required rights without any restrictions in terms of territory. Depending on the content, this may include ROCKSTONE' authority to store, adapt or modify the content and make it perceptible to the public. The User shall only be entitled to demand subsequent erasure of the content it has posted on ROCKSTONE if there are important reasons for doing so.
4.4. The User releases and discharges ROCKSTONE from all and any claims that are asserted on ROCKSTONE by third parties due to any breach of duty or infringement of rights that is committed by the User, unless the User is not responsible for such breach or infringement.
5. Payment
5.1. Insofar as a fee is charged for the provision of ROCKSTONE's Services, the payment in each case is indicated in the game and agreed by and between the contracting parties. The prices given include statutory turnover tax. In addition, ROCKSTONE is entitled to alter pricelists or future prices for ROCKSTONE' Services at any time.
5.2. For all ROCKSTONE's Services for which a fee is charged, all the means of payment approved in each case are accepted. ROCKSTONE is entitled to change the means of payment at any time. On effecting payment, the User is under obligation to provide correct details. ROCKSTONE is entitled to verify the details provided by the User, or to have this done by third parties; ROCKSTONE's Data Protection Policy specifies its use of personal data.
5.3. The User must refund to ROCKSTONE all and any costs and expenditures that are incurred on ROCKSTONE for collecting payments (e.g. bank charges, service fees).
5.4. Payment for the respective period of use is due and payable in advance.
6.Limitation of Liability
6.1. For ROCKSTONE's Services that are free of charge, ROCKSTONE's liability for simple negligence is excluded.
6.2. For ROCKSTONE's Services for which a fee is charged, ROCKSTONE shall only be liable for negligence where losses or damage are due to a breach of cardinal duty, i.e. a duty having to be performed in order to attain the contractual purpose, or performance of which the User is entitled to rely on. In cases of a breach of cardinal duty, ROCKSTONE's liability shall be limited to compensation of the typical damage that ROCKSTONE could foresee at the time of contract closure. In terms of amount, liability shall be limited to any payment already made by the User. For ROCKSTONE's Services for which a fee is charged, ROCKSTONE's liability for negligence vis-a-vis users is excluded in all other respects.
6.3. In connection with contractual usage under tenancy law and suchlike, ROCKSTONE's liability irrespective of fault for errors already existing at the time of contract closure is expressly excluded.
7.Final Provisions, Amendments, Governing Law
7.1. Claims and partial claims vis-a-vis ROCKSTONE may not be assigned to third parties. ROCKSTONE remains entitled to assign its rights vis-a-vis the User, in particular for collection purposes.
7.2. ROCKSTONE is entitled at any time to amend or supplement these General Terms of Service and any related provisions (e.g. ROCKSTONE's Code of Conduct). ROCKSTONE shall publish any amendments to these General Terms of Service on its website (www.rockstonedev.com) and may also use other means of notification (e.g. ingame, email, pop-up). If it so wishes, the User may otherwise give notice terminating the License Agreement (see Item 2.3 above).
7.3. Legal relations between the contracting parties shall be governed by the Russian Federation law.
Appendix: Code of Conduct
Account
ROCKSTONE's games may only be played on the platforms provided, via the access made available by ROCKSTONE, and in accordance with the applicable rules.
The User may not assign or offer to assign its License Agreement or account to third parties.
Access data and account data must be kept secret; this does not include disclosure to statutory representatives.
Fair Play
Creating or using hacks, cheats or other tools that alter ROCKSTONE's Services or affect the gaming experience is not permitted. Similarly, the User is prohibited from any manner of cheating, exploiting errors or bugs, and using exploits.
Exchanging, offering or selling elements of ROCKSTONE's Services (e.g. units, virtual currency, coins, points, virtual goods) outside wooga is not permitted.
Spying out ROCKSTONE, its platforms or other Users (e.g. by employing tools, emulating protocols, or tunnelling) and illegally collecting data during use of ROCKSTONE's Services are prohibited.
Copyright, Third-Party Rights
The User many not alter or modify ROCKSTONE's Services beyond their designated usage.
Using, copying and passing on ROCKSTONE's Services is expressly prohibited, unless ROCKSTONE has expressly granted permission. Mention of ROCKSTONE' name and its trademarks may not be removed or altered. The User is not allowed to circumvent technical measures for protecting ROCKSTONE's Services or to decompile or disassemble ROCKSTONE's Services with the aid of software, IT systems or in any other manner.
The User may not use ROCKSTONE's Services for any commercial purpose.
The User may not post or use any content on the platform (e.g. user name, texts, pictures, photos, videos) that breaches statutory regulations or infringes third-party rights.
Conduct
The following are all prohibited:
Insults, libel and slander in relation to other Users, ROCKSTONE's employees and third parties; fraudulent content; inciting illicit behaviour; threats, coercion and personal attacks; provocative and aggressive utterances.
Unethical, obscene, indecent and pornographic content (e.g. pictures and descriptions of violence or injuries; nude pictures or drawings; texts relating to sex or lewd objects or behaviour); deprecating or discriminating comments; content glorifying violence; and content apt to encourage or glorify hatred, violence or discrimination.
Curses and swear words; harassing ROCKSTONE, other Users or third parties, e.g. with junk mail, spam or chain letters; all manner of advertising; publishing identities, personal or confidential data as well as individual communications without the permission of the person(s) concerned.
The User may not provide, describe, apply, circulate, support, link or specify the source of any malware (e.g. computer viruses, Internet worms, Trojan horses, hoaxes, dialers).