Dated April 18, 2022
WHO WE ARE
INCRDBL UN LIMITED
Registration number: HE 406957
Legal address: Modestou Panteli, 8, Tseri, 2480, Nicosia,Cyprus.
In short, the Agreement describes the terms and conditions for using the Games:
- The Agreement apply to use all of Our digital content, including Our Games and Our Website (as defined below), virtual objects and currency (In-Game Objects), entertainment content, any relevant updates.
- The Agreement apply to other services We may provide in connection with the Games or Website (e.g. customer support). We refer to all Our Games and other services collectively as “Services” in the Agreement.
The Agreement constitutes a legal contract between INCRDBL and User. Please, check this page regularly, as We will publish the latest version of the Agreement here. Amendments will be effective from the moment of publication.
How do I accept the Agreement?
By using or continuing to use our Games or Website, You accept all the terms of this Agreement. The Agreement is affected from the moment of Your first usage of any Game or the Website. If You disagree with any of them or any future version hereof, You shall stop using our Games and Website.
To accept the Agreement, you must be 13 or older. If you are under 13, please ask your parents or other legal representatives for assistance before using our Games. By indicating your age through the special form within the Services as well as by continuing to use our Games, you certify that you are either reached the age of 13, or your parent/legal representative has reviewed and agreed to the terms of the Agreement on your behalf.
If you, as a parent or other legal representative, learn that your child has accepted the Agreement without your consent, please contact us (via e-mail at firstname.lastname@example.org or other means indicated on the Website). We also recommend that you monitor your children’s game sessions and web activity, as well as study parental control options that can be provided by us and/or our partners.
1. License to use Our Games and the Website
- INCRDBL and its affiliates and partners own all intellectual property rights to the Games, the Website, as well as to all intellectual property objects included in the Games and the Website (Content).
- Upon acceptance of the Agreement, INCRDBL grants the User the right to use the Games, the Website, In-Game Objects and other related Content in their current version under a non-exclusive worldwide license during the term of the Agreement for personal (non-commercial) purposes (“License”).
Such license is granted for personal private use, in each case provided that such use is in accordance with this Agreement.
- Upon acceptance of the Agreement, INCRDBL as well provides the User with access to other Services, including purchasing of In-Game Objects.
- The rights to use the main functionality of the Game and In-Game Objects under the License are granted to the User free of charge.
PLEASE NOTE that some additional features may be granted to the User for a certain fee – in the amount of fixed price (e.g. some of the In-Game Objects) or in amount of periodical payment (Subscription).
- Should You decide to use additional functionality of the Game and/or purchase any of the In-Game Objects or Subscription, please, refer to the Games page of your chosen Platform. You can also find any information in this regard in the Game itself (e.g., the cost of the Subscription) or You can always contact Us via email@example.com.
- Some of Our Games require a valid social media account. Therefore, it is Your responsibility to maintain the confidentiality of the electronic signature key (login and password) from Your account. We are not liable for compromising Your account.
- Our Games provide a save progress feature for connecting to the Game from different Devices. This feature may be available provided the User is authorized in one of the functional ways, namely through selected Platforms (via social network or Device’s ID, ‘Authorization account’). Without such authorization, this feature may be limited and INCRDBL may not be able to restore data related to your gameplay on another Device.
- Our Games have an online chat and messaging features that allow Users to communicate with each other. For a mutually enjoyable gaming experience, INCRDBL expects Users to comply with the terms and restrictions of this Agreement when communicating.
Generally, we do not store private messages of Users. We store a limited number of User messages between ‘Clan members’ (up to 100 recent messages), previous messages are deleted automatically.
- Some of Our Games provide an ad-viewing feature. This feature can be disabled by the User for a fee. When viewing ads, You may see links to third-party websites or applications. INCRDBL cautions You that INCRDBL is not responsible for, and has no control over, third party services and their data collection practice.
- It is possible that periodically any Our Game will be unavailable for technical or other maintenance related reasons (this can be scheduled or not). INCRDBL shall not be liable for this in any form.
- INCRDBL has the right to add, modify or delete Content unilaterally without prior warning, including In-Game Objects, User Content.
3. User rights in according with the License
With the grant of license to Our Games, the User gets the rights to:
- install and delete the Game on Your Device;
- use the functionality of the Game;
- participate in competitive events (e.g. Tournaments, Clan Tournaments) using the Game under the terms provided by this Agreement;
- purchase and use the In-Game Objects, if the functionality of a particular Game provides for it;
- use the functions of online chat (in the Section ‘Community’) and multiplayer (in the Sections ‘Clan’; ‘Messages’) to communicate and interact with other Users;
- create User Content within the Games, if their functionality allows it, subject to the terms of the Agreement;
- use the support services;
- use the Games in other ways permitted by the INCRDBL in the Agreement.
With the grant of license to Website, the User gets the rights to:
- access the Website;
- use the functionality of the Website available to the User;
- use the support services.
- All rights not expressly granted in the Agreement belong to the INCRDBL.
We encourage you to create User Content based on Our Games (e.g., create memes to participate in friendly competitions between the Users in Our social media). Should you decide to create a User Content, please note the following:
- by using Our Content to create Your User Content You grant Us a perpetual, non-exclusive license throughout the world in respect of such copyrighted items;
- by using Our Content to create User Content You grant Us rights to use Your User Content anonymously without attribution, to modify, reproduce, distribute, transfer to third parties, publicly display, incl. on the Internet, use in advertising / marketing materials;
- by using the third party’s intellectual property alongside with Our Content You guarantee that You have received all necessary rights/permissions/licenses in order to grant Us the license to Your User Content.
INCRDBL reserves the right to delete any User Content that violates the Agreement without notification. You may also contact Us via firstname.lastname@example.org in order to ask to delete someone else’s User Content should it violates Your or any other third party’s rights.
4. Limitations of User rights in accordance with the License
The User is not entitled to independently or with the involvement of third parties:
- copy (reproduce), regardless of form and means, software and databases contained within the Services, including any of their elements and/or information, in absence of prior written consent of the INCRDBL;
- disassemble, modify, create similar software and/or use/tamper with software and databases contained within the Services beyond the permitted use;
- develop, distribute and/or use special software designed to obtain benefits through fraudulent means (cheating/hacking);
- carry out any fraudulent/illegal activity that may lead to false payment in the Games;
- use, copy, distribute any and all intellectual property contained within the Services (Content) for the purposes other than use of the Game and other than stated in this Agreement;
- remove or alter in any way trademark and copyright notices or any other rights included in the Games;
- redistribute In-Game Objects, Licensed Content and other intellectual property from the Games and the Website without permission from INCRDBL and unless permitted by the functionality of the Games;
- use Services in ways which are not directly permitted by the Agreement, and which go beyond the normal functionality of the Game as well as violate any applicable law and encourage any illegal activity.
- By accepting the Agreement, You agree not to use or facilitate the use by third parties of means aimed at obtaining an unfair advantage in the Game. Should the User violate any of the abovementioned regulations, INCRDBL has a right to penalize such User in accordance with the Section 6 of the Agreement.
5. Rules of behavior in the Games
All information that You provide to Us has to be and remain up-to-date, accurate and complete. User shall not use Services in a way that contradicts provisions of applicable law and/or regulations.
Activities prohibited in our Games:
- In order to protect Our Games and Users as well as to create pleasant game experience for everyone We need to establish the rules of User behavior that listed below. We ask You to read them carefully and address Your questions at email@example.com, should You have any.
- use language or post, distribute, transfer content that is obscene, vulgar, hateful, racist, sexist, or unethical and/or otherwise offensive to other Users or other persons or groups;
- contain profanity in any language, including in modified or abbreviated form, as well as explicit or implicit allusions to such profanity;
- provide religious, social, or political connotations and can lead to controversy on these topics;
- use the Games to slander, mock, stalk, threaten, or intimidate other users based on ethnic, racial, or other considerations;
- violate any applicable intellectual property laws of INCRDBL and any third party, including copyrights, interface of the Games, trademarks, trade secrets, etc.
- use cheats, exploits, bots, hacks, mods, or any other unsanctioned third-party software with the purpose of attempt to gain unsanctioned access to accounts of other users or interfering with the Games or, including any sort of software that was developed to help some Users find words faster (so-called Helpers/Assistances/Wordfinders etc.);
- participate in any form of virus attack against the Games or in any other way attempt to prevent the use of the Games by third parties;
- intercepting, checking, or in any way observing private internet protocols used by customers via the use of network analyzers, packet analyzers, or other devices;
- match-fixing in order to raise your rank or level in the game;
- violate the applicable law or the terms Agreement (including Article 4 hereof).
This list of prohibitions is provided as an example and is not limited to the prohibitions listed above. INCRDBL reserves the right to change and supplement it unilaterally.
The abovementioned rules apply to any User activity, including nicknames, names in social media account (in case you are authorized in the Game through such account), private messages, messages in Community or Clan interaction (chat messages), User Content.
6. Penalties for violations of the Agreement
Violation of the Agreement may result in INCRDBL being forced to impose the following penalties on you:
- in-game sanctions that do not provide for the suspension of access: warnings; deleting any In-Game Objects (e.g., points of experience);
- temporary suspension of access to Games: the period of temporary suspension is depended on how often the User violates the terms of Agreement (3 hour/1 day/2 day).
- permanent suspension of access to Games: permanent ban.
The User, which violated the terms of the Agreement, can be penalized by deleting some In-Game Objects (e.g., points of experience) and temporary suspension simultaneously.
- In case of temporary suspension, the User do not have an any access to the Game within the established time and cannot use any of its functionality.
- In case of permanent suspension, the User loses the access to the Game alongside with all the In-Games Objects, progress in the Game without any compensation from INCRDBL.
- INCRDBL reserves the right to determine whether any content or actions are consistent with the Agreement and INCRDBL may, in its sole discretion, remove such content, including User's online chat statements and communications, suspend for the certain time and/or terminate the Agreement with the relevant User without prior notice to the User.
- INCRDBL reserves the right to consider each case on a case-by-case basis and take any action it deems necessary at its sole discretion.
- Any User may file a complaint with a Game moderator in case of receipt the insults or discovery cheat actions or offensive content. A moderator would automatically receive 3 last messages of the Users in order to analyze the possibility of violation of the rules of behavior under this Agreement.
- In order to prevent any cheat actions by Users INCRDBL uses an automatic system to monitor Users behavior. The decision to issue a warning or a ban to a certain User additionally is approved by Game moderator.
- If You received the abovementioned penalty and disagree with that decision, you can appeal it with the form within the Game or by contacting as at firstname.lastname@example.org.
- To find out the reasons and the period of penalties imposed, please contact the support service by email@example.com or in any other way indicated on the Website.
- In-Game Objects may be available to the User free of charge, including as a reward for reaching a certain level, free bonuses, etc.
- The User has the right to purchase access to the In-Game Objects for a fee, either fixed or as a Subscription.
PLEASE NOTE that purchase or obtaining the In-Game Objects means receiving additional rights to use Our Game and Content under the License. In-Game Objects have no monetary value and cannot be exchanged for real money, real goods or real services.
Such purchases allow You to use the functionality of the Game in full, but do not mean that INCRDBL grants you any ownership, exclusive or proprietorship rights to any part of the Game.
- If You lose a Device or have it damaged, and Your game progress and/or In-Game Objects were not linked to Your corresponding Authorization account as well as if you delete Your Authorization account, We will not be able to recover data related to Your in-game progress and In-Game Objects on another Device.
- If You were banned or penalized in accordance with this Agreement, You may lose In-Game Objects you have at the time of ban, and INCRDBL will not be obligated to compensate for these losses, make any refund in such event or renew a Subscription.
8. Payments and refunds
- INCRDBL does not administer the monetary transactions of the Platforms. All purchases are made through the Platforms as well as refunds and are subject to the terms and conditions of the Platform. Please note that in certain cases the payment system operator may charge a commission more than the established remuneration.
- Refunds cannot be made by INCRDBL. To receive a refund for the purchase of In-Game Objects or a Subscription, the User should contact the Platform.
- The purchase is carried out at the User's own will. All purchases made using the User Device are considered to be made by the User independently, regardless of who exactly initiated the purchase using the Device. We are not responsible for any accidental purchases that was made from Your Device and/or Authorization account.
If You have successfully managed to refund purchases made in our Games from the respective Platform, We reserve the right:
- to withdraw In-Game Objects purchased for the refunded amount from Your account;
- suspend Your access to a Game if refunds occur regularly and/or for fraudulent purposes (suspicious refunds).
9. Limitation of INCRDBL liability and User Responsibility
- The Services are provided "as is". We do not provide the User with any guarantees, warranties or representations, that: (1) the Services will be provided continuously and without errors; (2) the Services meet or will meet the User's requirements; (3) the results that can be obtained using the Services will meet the User's expectations; (4) the information contained within the Services is up-to-date, accurate, complete and/or reliable. INCRDBL is not limited to the above and disclaims any other - including implied – warranties.
- INCRDBL has the right, in its sole discretion, to terminate (temporarily or permanently) the support and/or provision of the Games and the Website or any of their elements.
- The amount payable by INCRDBL to the User may not exceed the amount of remuneration received by INCRDBL from the User for the period of eighty (80) days immediately preceding the date of the relevant claim. The User also agrees that in the absence of payments made to INCRDBL as a reward for using the Game during the specified period, the User's sole remedy for any disagreement with INCRDBL is to stop using the Game and delete the Account.
- The User is responsible for violation of the Agreement, as well as for any consequences of such violations (including losses suffered and deletion of In-Game Objects).
- The User who created the User Content is personally responsible for its compliance with the requirements of applicable law. INCRDBL has the right to block or remove User Content that does not comply with the requirements of applicable law and the Agreement, at its sole discretion.
10. Termination of the Agreement
INCRDBL has the right to terminate the Agreement unilaterally and without any compensation in the following cases:
- substantial or repeated violation of the Agreement by the User;
- INCRDBL stops support and providing Services in relation to a particular Game or Games.
- The User has the right to terminate the Agreement at any time unilaterally without the right to compensation and restoration of In-Game Objects by deleting the Game, Account or sending a written message to INCRDBL. Unilateral termination of the Agreement by the User does not release the User from liability for violations of the Agreement committed during the period of its validity.
11. Applicable law and dispute resolution
- In case of disputes arising, the User and INCRDBL undertake to do everything possible to resolve the differences through negotiations out of court. If you have any complaints/claims, you shall always address them to the support service at firstname.lastname@example.org and We will take all possible actions to resolve the matter and reply You within ten (10) working days.
- The Agreement is subject to and construed in accordance with the laws of Cyprus. All disputes that could not be resolved amicably with the help of Our support team are to be resolved in the appropriate court of the judicial system of Cyprus.
If You reside within the EU:
If you are in a member state of the European Union, you have the right to cancel any purchase within 14 days without giving a reason. To exercise your right of withdrawal, you must inform your Platform, as INCRDBL does not administer payments and refunds.
The User agrees that any dispute arising in connection with the Games, or in any way related to them, may be resolved through negotiations, or using the European Online Dispute Resolution Platform (“ODR Platform”).
The ODR platform is specifically designed to assist consumers who purchase goods or services online and encounter problems with such online purchases, and allows contractual disputes to be resolved through the Alternative Dispute Resolution (ADR) procedure online at https://Webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
In absence of an amicable or ADR settlement a User may bring proceedings against INCRDBL in the jurisdiction where the INCRDBL is domiciled, or in the jurisdiction where a User is domiciled.
12. Other provisions
- The Agreement is affected from the moment of Your first use of any Game or the Website and remains in force during the entire period of use of the Games or the Website by the User.
- INCRDBL has the right to unilaterally introduce amendments to the Agreement without prior notice to the User and without compensation. The current version of the Agreement can be found here.
- If INCRDBL fails to timely enforce the terms of this Agreement, it shall in no way be construed as a waiver of INCRDBL' past or future obligations under this Agreement.
- If one or more provisions of this Agreement are held invalid by an enforceable court decision in a dispute between the User and INCRDBL, the remaining provisions of this Agreement shall remain in effect for the User and INCRDBL.
- INCRDBL has the right to transfer (assign) all or part of the rights and/or obligations of the Agreement to a third party without Your prior consent. In turn, You may not do the same without Our prior written consent.