This is an agreement ("Agreement") between you and ERS Game Studios. This Agreement governs your use of any website operated by ERS Game Studios.
ERS GAME STUDIOS OFFERS THE ERS GAME STUDIOS WEBSITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE ERS GAME STUDIOS WEBSITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
ERS Game Studios may amend this agreement
Any ERS Game Studios Website may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that ERS Game Studios Website, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within an ERS Game Studios Website, then the terms in this Agreement shall control.
No commercial, unlawful or harmful use of the ERS Game Studios Websites
The ERS Game Studios Websites are only for your personal use, and ERS Game Studios grants you the limited right to view and use the ERS Game Studios Websites only for the purposes of viewing or playing content such as games or films, placing product orders, or for accessing information, software ("Applications") and services. You may not use the ERS Game Studios Websites for commercial purposes. You may not use the ERS Game Studios Websites in any way that is unlawful, or harms ERS Game Studios, its affiliates, and/or partners (each, a "ERS Game Studios Party" and collectively, the "ERS Game Studios Parties") or any customer of a ERS Game Studios Party, as determined in ERS Game Studios sole discretion. Without limiting the generality of this section, you may not use the ERS Game Studios Websites in any manner that could damage, disable, overburden, or impair any ERS Game Studios Website (or the network(s) connected to any ERS Game Studios Website) or interfere with any other party's use and enjoyment of the ERS Game Studios Websites. Further, unless you have received specific written permission from ERS Game Studios, you may not (1) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the ERS Game Studios Websites or (2) alter or modify any content on the ERS Game Studios Websites. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the ERS Game Studios Websites and/or Applications for any commercial purpose.
Materials and Information posted or provided by you
Your use of any software associated with the ERS Game Studios website will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then ERS Game Studios grants to you only a limited license to download and/or use the Application from a single computer for personal and non-commercial purposes. Such software is protected by copyright and other intellectual property laws and treaties. ERS Game Studios or its licensors own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. ERS Game Studios reserves all rights to such software not expressly granted to you in this Agreement.
Digital Rights Management Systems
Applications you use or download from the Sites may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that ERS Game Studios shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The Applications may also contain DRMS produced by ERS Game Studios which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications. The DRMS for subscription services and Applications licensed from the Site may transmit the following pieces of information, along with other information, when you either enter a purchase key or sign in with your subscription service user name and password: Operating System, CPU Version Information (including serial number from a serial-number-enabled Pentium III), BIOS Version Information, NetBIOS Computer Name, DOS HD Serial Number, Hard Drive Size / Geometry, S.M.A.R.T. IDE HD Serial Number, Network Card MAC Address, IP Address and Size of Physical Memory.
ERS GAME STUDIOS MAKES NO WARRANTY
ERS GAME STUDIOS PROVIDES THE ERS GAME STUDIOS WEBSITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ERS GAME STUDIOS PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ERS GAME STUDIOS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ERS GAME STUDIOS WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND (4) LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
(a) IF YOU ARE DISSATISFIED WITH THE ERS GAME STUDIOS WEBSITES OR ASSOCIATED SOFTWARE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ERS GAME STUDIOS PARTY WITH RESPECT TO THIS AGREEMENT OR THE ERS GAME STUDIOS WEBSITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS, AT ERS GAME STUDIOS OPTION, (1) TO DISCONTINUE USE OF THE ERS GAME STUDIOS WEBSITES; (2) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU; OR (3) REFUND OF THE AMOUNT THAT YOU PAID TO ERS GAME STUDIOS. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT WILL ANY ERS GAME STUDIOS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ERS GAME STUDIOS WEBSITES, EVEN IF SUCH ERS GAME STUDIOS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
(c) THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AS WELL AS ANY RISK THAT THEY WILL NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING USER FORUMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT ERS GAME STUDIOS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
Changes to the ERS Game Studios Websites
The ERS Game Studios Parties may change the ERS Game Studios Websites or delete features in any way, at any time and for any reason. As you use the ERS Game Studios Websites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by ERS Game Studios and persons other than ERS Game Studios (any such person is referred to as a "Third Party"). YOU ACKNOWLEDGE AND AGREE THAT THE ERS GAME STUDIOS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ERS GAME STUDIOS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ERS GAME STUDIOS WEBSITES, (2) ANY INCOMPATIBILITY BETWEEN THE ERS GAME STUDIOS WEBSITES AND OTHER SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ERS GAME STUDIOS WEBSITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE ERS GAME STUDIOS WEBSITES.
ERS Game Studios may terminate this Agreement, or terminate or suspend your access to the ERS Game Studios Websites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the ERS Game Studios Websites will immediately cease.
Dispute resolution, choice of law, and location for resolving disputes
CHOICE OF LAW: All Claims or Disputes arising out of or relating to this Agreement will be adjudicated under the laws of Ukraine, without reference to conflict of laws principles.
JURISDICTION AND VENUE: You hereby irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Kyiv, Ukraine in all Disputes arising out of or relating to the use of the ERS Game Studios Websites.
You have limited time to bring your claim
YOU AND ERS GAME STUDIOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ERS GAME STUDIOS WEBSITES MUST COMMENCE WITHIN THREE (3) MOTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. ERS Game Studios may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ERS Game Studios Websites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and ERS Game Studios with respect to the ERS Game Studios Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ERS Game Studios with respect to the ERS Game Studios Websites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Links and Advertisers
The ERS Game Studios Websites contain links to third party sites that are not under the control of ERS Game Studios and ERS Game Studios is not responsible for any content on any linked site. If you access a third party site from the ERS Game Studios Websites, then you do so at your own risk. ERS Game Studios provides links only as a convenience and the inclusion of the link does not imply that ERS Game Studios endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the ERS Game Studios Websites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ERS Game Studios shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.