TERMS OF SERVICE

Last updated: June 20, 2022


Introduction

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our games, websites and related services (together or individually “Service”) operated by CIAN TECHNOLOGY LTDA (“Company”, “we”, “our”, “us”).

Our Privacy Policy (disponible at https://www.ciangames.com/privacy-policy.html) also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our games, websites and related services.

Your agreement with us includes these Terms and our Privacy Policy (“Agreement”). You acknowledge that you have read and understood Agreement, and agree to be bound of them. These Terms apply to all visitors, users and others who wish to access or use Service.


Content

The graphics, design, computer codes, artwork, music, levels, characters, stories, logos and others intellectual property materials (“Content”) found on or through our games, websites and related services are the property of CIAN TECHNOLOGY LTDA, its licensors or used with permission and are protected under applicable copyrights, trademarks and other laws.

You may not distribute, modify, transmit, reuse, download, sell, publish, reproduce, sublicense, repost, copy or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.


Limited Use License

Subject to your compliance with the terms of the Agreement, CIAN TECHNOLOGY LTDA grants to you, a personal, non-commercial, non-transferable and non-exclusive license to access, receive, play and use games or Service and apply to any patches or updates you may obtain for the games. This license does not give you any ownership in the games or Service neither a sale or transfer of any intellectual property rights to the games or Service.


Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to:

  • Reproduce, modify or copy any of the Content, whether in whole or in part, for commercial purposes or for personal gain.
  • Attempt to decompile, reverse engineer or use source code or other data from Service, unless expressly authorized by us or permitted by law.
  • Remove any copyright or other proprietary notations from Content or Service.
  • Transfer the Content to another person, redistribute or 'mirror' on any other server.
  • Use any device, software, or routine that interferes with the proper working of Service.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Use Service in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • Impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack or attempt to interfere with the proper working of Service.
  • Use Service in any way that violates any applicable national or international law or regulation.

Reviews or Footage

You may make reviews, tutorials, walkthroughs, speedruns, Let’s Play and similar videos using our game footage or publicly available portions of games found on our website (including, but not limited to, pictures, promotional materials, audiovisual and multimedia works). This videos can be shared on YouTube, Twitch, Facebook, your website or other video sharing services and you can monetise it if you wish, as long as the videos are publicly accessible on the respective platforms.

You cannot use assets or Content from our games and sell, license or distribute them separately or use our games to gain any financial benefit as charging users to view, access or buy your videos. In brief, you cannot create new content using our game if a paid subscription is required for people to access it.


Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of CIAN TECHNOLOGY LTDA and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of CIAN TECHNOLOGY LTDA.

All logos and trademarks of third parties referenced on Service are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of us by such owners.


Third Party Services

We may use third party Services providers including but not limited to game platforms or consoles (where you may access and download the game), analytics providers, advertisers platforms, social networking services, live streams, blogging and others. Some of these third party services require you to comply with the terms and privacy policies of them.


Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to play@ciangames.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.


Error Reporting and Feedback

You may provide us either directly at play@ciangames.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.


Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by CIAN TECHNOLOGY LTDA.

CIAN TECHNOLOGY LTDA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.


Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Termination

We may terminate or suspend your access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Governing Law

These Terms shall be governed and construed in accordance with the laws of Brazil, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.


Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users.


Amendments To Terms

We reserve the right to make changes to these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service 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 Service.


Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.


Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.


Contact Us

Please send your feedback, comments, requests for technical support by email: play@ciangames.com.