Terms of Service

The following terms of service (“Terms”) constitute an agreement between you and White Crow game studio, (together with all its affiliates, “Company,” or “we,” “us,” “our”). These Terms govern your access, and/or use of all (A) software programs distributed, published or otherwise made available by the Company including, but not limited to:

  • mobile Games (as defined below),
  • downloadable/installable Games for personal computers, mobile devices, tablets, or any other device,
  • games accessed by means of a browser or other online communication method,
  • games accessed by means of third party platforms, websites and social media sites, including Facebook,
  • your use of the Company’s website,
  • All enhancements and improvements to the previously mentioned (individually referred to as a “Game” and collectively as the “Games”); and services provided by the Company, including those accessible on the Company’s website and those associated with the Games (the “Services”). “You” refers to any adult using the Games or any parent/guardian responsible for minors using the Games or Services. Minors must have parental/guardian consent before using the Games or Services. If permission is not obtained, please refrain from using the Games or Services.

By clicking on the button marked “I agree” you signify your assent to these terms. Changes may be made to these terms from time to time. Your continued use of the games and/or services will be deemed acceptance of the amended or updated terms. If you do not accept these terms, do not download, install, use or access the games or the services.

1. Services

You’re allowed to use the Games and Services as per the terms described here. The Company reserves the right to cease providing any part of the Games and/or Services at its discretion and without prior notice. Your access and usage of the Games and/or Services are strictly for personal, non-commercial use and must comply with these Terms and any specific conditions or limitations linked to particular Games. Any other uses are explicitly prohibited unless expressly permitted in writing by the Company. The use of Services and access to Games is invalid where prohibited.

By utilizing the Services, you confirm that: (a) you are at least 18 years old, have parental or guardian consent to accept these Terms, or possess the legal capacity to form a binding agreement; and (b) your usage of the Games and/or Services adheres to all relevant laws, regulations, and obligations to third parties. Access to the Services occurs through downloading a Game from an app store (like the Apple App Store, Google Play Store, and/or Amazon Appstore). You can also access the Services by logging in via your Facebook account and/or other authorized third-party logins. We hold the right to modify the access method at our discretion. By accessing the Services through Facebook and/or any other authorized third-party login, you confirm that the Facebook and/or third-party login account belongs to you and you have the full authority to share the information from that account with us.

Ownership 

The Company or its licensors maintain complete ownership and control over the Games and Services, including all their components such as copyrights, trademarks, patents, and various creative elements. These Terms don’t grant you any ownership or rights to the Games, Services, or Virtual Items. Unless specified otherwise, trademarks, service marks, and logos on the Games and Services belong exclusively to the Company and cannot be used without explicit written permission. Any rights not explicitly provided in these Terms are reserved by the Company or its licensors.

2. Content and use of the Games and the Services

A. Unless expressly allowed here or agreed upon in written form by the Company, you agree not to:

  • copy, modify, transmit, republish, display, perform, reproduce, distribute, lease, license, sell, rent, convey or otherwise transfer or assign the Games or the Services or any copies thereof in any manner or medium, in whole or in part; 
  • commercially use or exploit the Games, Content (as defined below) or the Services in any manner;
  • copy the Games or the Services or any part thereof;
  • reverse engineer, decompile, decipher, disassemble, translate, hack, prepare derivative works based on or otherwise modify the Games or the Services, in whole or in part, or attempt to do any of the foregoing, without our prior written authorization, including framing or mirroring any part of the Games and/or Services;
  • make the Games or the Services publicly available or available on a network for use or download by multiple users;
  • use or copy the Games or Services at any location-based site;
  • use or install the Games or the Services on a network, for on-line use, or on more than one computer or mobile device at the same time;
  • harvest, scrape, build databases, or collect any content returned from the Games or the Services, including, but not limited to, any information about or regarding other users of the Games or the Services;
  • remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Games or the Services;
  • falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
  • misrepresent the source of ownership of the Games or the Services; 
  • transport, export or re-export (directly or indirectly) into any country forbidden to receive the Games or the Services by any applicable law or regulation, or otherwise violate any applicable law or regulation;
  • use the Games or the Services to harm anyone or to cause offense to or harass any person or disrupt the Games or the Services in a way that may negatively affect other users’ ability to fully enjoy the Games and the Services; 
  • use the Games or Services to  do anything that a reasonable person is likely to believe is not within the spirit of fair play of the Games or these Terms;
  • disguise, anonymize or hide your IP address, device ID or the source of any User Content (as defined below) that you may upload or interfere with or disrupt servers or networks that provide the Games or the Services;
  • defeat or overcome any of the Company’s encryption technologies or security measures or data transmitted, processed or stored by the Company, or attempt to do any of the forgoing;
  • disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect another user’s ability to compete fairly when playing a Game or engaging in real time exchanges;
  • violate any requirements or regulations of any network connected to the Games and/or Services; 
  • use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Games and/or Services.

B. The Games and Services are not to be used in areas where they are prohibited. You commit to following all relevant laws and rules. If any laws prevent your use of the Games or Services, you must adhere to those limitations or cease accessing them. By utilizing the Games and/or Services, you affirm, assure, and agree that:

  • you are 18 years of age or older, have your parent’s or guardian’s permission to enter into these Terms, or otherwise have the ability to form a binding contract;
  • your use of the Games and/or Services does not violate any applicable law or regulation or any obligation you may have to a third party;
  • all the information you provide to the Company that regards accessing the Games and/or the Services is and shall remain true, accurate and complete at all times.

С. You can access the Games and Services by downloading a Game from an app or play store. Alternatively, logging in through your Facebook account or other approved third-party logins also grants access. We reserve the right to modify these access methods. By using Facebook or any approved third-party login to access the Games and Services, you confirm that the account belongs to you and that you have the complete rights to share the information from that account with us.

D. The Company might implement methods to manage entry to the Games or Services, limit the use or reproduction of any Content, or aim to prevent users from surpassing the rights specified in these Terms. You agree not to bypass, disable, violate, or disrupt any of these access control measures.

E. Various forms of material might be accessible through the Games or Services. In these Terms, “Content” collectively refers to all materials available on the Games or Services, covering data, software, audio, images, videos, tags, or any other content types, along with any alterations or derivatives of these materials. The Games or Services might enable you to upload specific content, such as ratings and feedback, categorized as “User Content.” You bear complete responsibility for any User Content you upload through the Games or Services. You affirm and guarantee that:

  • such User Content complies with all applicable law, rules, and regulations that you have all necessary rights to submit any such User Content through the Games and Services, and that no such User Content infringes or violates any third party intellectual property rights, privacy or publicity rights, or moral rights;
  • To the extent that your User Content generates or establishes any copyright or other intellectual property right, you hereby provide the Company with an exclusive, royalty-free, fully paid-up, perpetual, irrevocable, fully transferable, and sub-licensable global right and license to utilize the User Content in any manner and for any purpose, whether commercial or otherwise. This includes, but is not limited to, the rights to reproduce, adapt, modify, create derivative works, perform, display, publish, broadcast, transmit, or otherwise communicate the User Content to the public through any known or unknown means. The Company may distribute the User Content without providing any further notice or compensation to you, throughout the entire duration of protection granted to intellectual property rights by applicable laws.
  • to the fullest extent permitted by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to the Company’s and other users’ use and enjoyment of your User Content in connection with the Games and Services;
  • agree that the Company has no obligation to accept any request to publish or maintain any User Content; and
  • You acknowledge that the Company isn’t obliged to monitor or safeguard your rights in any Content you submit. However, you do grant the Company the discretion to enforce your rights in the User Content, including the authority to take legal action on your behalf. The Company holds the right to decline publication, remove, or permanently delete any User Content you upload, without prior notice and for any reason. The license granted to the Company and the waiver of applicable rights remain in effect even after the termination of these Terms. It’s important to note that the Company does not endorse any Content, including User Content, or any viewpoints, recommendations, or advice expressed within such Content. We explicitly disclaim any liability associated with any Content.

F. You recognize and consent that any User Content submitted by third parties while using the Games or Services, whether publicly shared or privately sent, is the sole responsibility of the individual who submitted it. You hold complete and sole responsibility for all User Content you share through the Games or Services in any manner whatsoever. Additionally, you agree not to share any User Content that:

  • is unlawful or otherwise violates the legal rights of others, including defaming, abusing, stalking or threatening users; 
  • is, or could reasonably be viewed as, invasive of another user’s privacy and/or include any personally identifiable information of any person other than yourself, unless you have written approval to include such personally identifiable information of the person to which the personally identifiable information relates;
  • consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation;
  • is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
  • publishes falsehoods or misrepresentations that may damage the Company or any third party;
  • imposes an unreasonably or disproportionately large load on our infrastructure;
  • posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following:
    • material that we determine to be offensive (including material inciting, promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity),
    • material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening,
    • pornography or obscene material,
    • any virus, worm, trojan horse, or other harmful or disruptive component, 
    • anything that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law or regulation or is otherwise inappropriate or offensive.

G. The Company lacks control over User Content shared via the Games or Services by other individuals and thus cannot be held accountable for the accuracy, integrity, safety, or quality of such User Content. You acknowledge that while playing the Games, you might involuntarily encounter User Content that you find offensive or objectionable. By using the Games or Services, you agree to waive any legal rights or remedies you may have against us concerning such content. The Company bears no liability for any User Content, including potential errors or omissions within it or any resulting losses, liabilities, or harm incurred from using or being exposed to such User Content through the Games or Services. The Company reserves the right, at its discretion, to remove User Content, but it doesn’t actively monitor all contributions made by users. You are solely responsible for your interactions with other users of the Games or Services. The Company disclaims all liability, irrespective of the form of action, for the actions or omissions of any and all users (including unauthorized users), whether occurring during the use of the Services or otherwise.

H. The Company values the intellectual property rights of others and expects its users to do the same. Upon proper notification that User Content infringes on third-party intellectual property rights, the Company will remove such infringing content at its discretion, without prior notice to users. You are not permitted to copy, distribute, publicly share, or create derivative works from any Content owned by other users of the Games or Services. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), we promptly respond to copyright owners’ notifications regarding allegedly infringing material on the Games and Services. If you believe your intellectual property rights have been violated by another user, you can email us at support@whitecrowgames.org to request removal of the infringing material or block access to it, providing specific information outlined by the DMCA. You can also send us a counter-notice if you believe a notice has been wrongly filed against you, following DMCA requirements. We recommend consulting a legal advisor before submitting a notice or counter-notice, as false claims can result in severe penalties. Send counter-notices to us at support@whitecrowgames.org. We have a policy to terminate the accounts of repeat infringers when appropriate, and we reserve the right to terminate the account of any user who posts or uploads infringing User Content.

I. Accessing the Games and Services may necessitate a reliable internet connection and a valid account with an online service for authentication and proper operation. You recognize and consent to the possibility of third-party data transfer fees, which may be contingent on your data plan, and it’s advisable to consult your carrier for detailed information. Without maintaining these accounts, certain aspects or functionalities of the Games and Services may not operate or might cease to function correctly, either entirely or partially.

3. Games and Accounts

A. Games have their specific rules, scoring guidelines, controls, and instructions, collectively referred to as “Game Rules,” available within each respective Game. These Game Rules are integral to these Terms of Service, and you agree to adhere to all relevant Game Rules. The Company retains the sole and absolute right to withdraw or alter any Game, entirely or partially, at any time and for any reason. All Games are provided at the Company’s sole discretion and might be permanently discontinued at any point. Some Games might offer the option to engage in gameplay against other users, and a Game may include the possibility to:

  • play against an opponent selected by the Company at random or using certain criteria,
  • play against an opponent from your contacts on a platform or social network with which you have allowed the Games to interact. Some Games may also allow you to search for opponents among your contacts or friends (for example, by email address). The Games may also display the names of your past opponents. By accessing and/or playing any Game that allows you to play against an opponent, you agree to your display name, scores, and other related details being displayed to other users of the Games and/or the Services. 

B. To access certain Games and Services, you might need to create a unique user account (an “Account”) with confidential login information. You commit to safeguarding your login details and preventing unauthorized access to your Account, including any social network or platform accounts linked to the Games. If you fail to maintain the confidentiality of your login credentials or share them with a third party, whether intentionally or not, you agree to assume full responsibility for any consequences, such as unauthorized purchases, and indemnify the Company for resulting losses or liabilities. The Company isn’t liable for losses due to unauthorized access to your Account, whether fraudulent or otherwise, and disclaims responsibility for any harm resulting from such unauthorized use. You agree to create only one Account per platform and not use another person’s email address to access the Games. The Company retains the right to delete any Account, especially for breaches of these Terms. Breach of these Terms or inactivity in your Account for 180 days may result in termination of Account access, including Virtual Money or Virtual Goods associated with it, without refund. If your Account is terminated in accordance with these Terms, you acknowledge potential loss of previously associated data, including Game progress, Virtual Items, and understand that no compensation or refund will be provided. You agree not to sell, transfer, or attempt to sell or transfer an Account or any part of it, including Virtual Items.

4. Third party services and Links

The Games and Services, including advertisements, might contain links to third-party services or make such services accessible to you. The Company holds no responsibility for the content of third-party advertisements within the Games. You recognize and agree that the Company doesn’t guarantee or endorse any content, goods, or services provided by these third parties. Your use of these third-party websites and applications is undertaken at your own risk. The Company bears no responsibility for any charges, losses, or liabilities incurred by you through these third parties, including payments processed or submitted through their websites or applications, or their privacy policies. All third-party services are governed by their respective terms and conditions and privacy policies, and it’s your responsibility to carefully review and accept those terms and conditions.

5. Payments and purchases

The Games might contain virtual currencies like coins, gold coins, and points (referred to as “Virtual Money”) or items and services specifically for use within the Games (referred to as “Virtual Goods”). If you’re over 18, you may have the option to buy Virtual Items from the Company using legal currency or other credits. However, you acknowledge that Virtual Items cannot be exchanged for legal currency or any goods or services outside the Games. These items are non-transferable, and you agree not to attempt any transfer of Virtual Money or Goods to others. You agree to obtain Virtual Items solely through the Company or authorized partners using the Services and not through any other means.

It’s important to note that ownership of Virtual Items isn’t granted to you; when purchased, you receive a limited, personal, and revocable right to use them exclusively within the Games. These Virtual Items are considered an integral part of the Games and don’t hold any stored value. Payments made for Virtual Items are final and non-refundable. The Company reserves the right to control, regulate, modify, or remove Virtual Items at its discretion, with or without notice, and assumes no liability for exercising these rights.

If your access to a Game is suspended or terminated per these Terms, you’ll lose any acquired Virtual Items without compensation or refund. The pricing for Virtual Items may be changed at any time at the Company’s discretion. Additionally, there might be limits on the total amount of Virtual Items purchased or held in your account.

You acknowledge and agree that (X) the Company isn’t obligated to refund Virtual Items for any reason and (Y) you won’t receive compensation for any unused Virtual Items, regardless of the circumstances—voluntary or involuntary. Once you purchase Virtual Items, the Company’s service performance begins promptly, and your right of withdrawal is forfeited at that moment.

All purchases of Virtual Items are made through your app store provider and are subject to the app store’s terms of service and user agreement. It’s advisable to check with your app store regarding usage rights before making any purchase.

6. No Warranty

To the maximum extent permitted by applicable law, the Games and Services are provided “as is” and “as available,” encompassing all faults and without any warranties or guarantees of any kind, and your use of them is entirely at your own risk. The Company, along with any third-party licensors to the Company (collectively referred to as the “Company Parties”), explicitly disclaims all express, implied, or statutory warranties regarding the Games and Services.

This disclaimer includes but is not limited to implied warranties of condition, uninterrupted use, accuracy of data (including location data), merchantability, title, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties arising from course of dealing, usage, or trade practice. The Company Parties do not guarantee the security, accuracy, reliability, timeliness, or performance of the Games and Services, nor the performance, accuracy, quality, currency, completeness, or usefulness of any information provided by them.

Additionally, the Company does not warrant against interference with your enjoyment of the Games or Services, their compatibility with your requirements, uninterrupted or error-free operation, interoperability with other services, or correction of any errors within the Games or Services. Any oral or written representations provided by the Company or its authorized representatives do not establish any warranty beyond what is expressly stated in these Terms.

If any jurisdiction doesn’t permit the exclusion or limitations of implied warranties or the limitations on applicable statutory consumer rights, then some or all of the above exclusions and limitations may apply only to the fullest extent allowed by law in that

7. Limitations of liability

We hold no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, unauthorized access, or alteration of the Games or Services. Additionally, we disclaim any responsibility or liability regarding Game design or Services, including any issues or technical malfunctions related to telephone networks or lines, servers or providers, software, or damages to users’ computers, cellular phones, or other devices resulting from participation in or downloading materials related to the Games or Services.

Under no circumstances shall we be liable for any loss or damage, including property damages, loss of goodwill, computer failures, personal injuries, or lost profits arising from the use of the Games or Services, the Content posted on or through them, or the behavior of any users, whether online or offline.

In no event shall the Company or any of its officers, directors, employees, or agents be liable to you for any damages whatsoever, including special, incidental, punitive, or consequential damages arising from possession, access, use, or malfunction of the Games or Services. This includes the quality, accuracy, or usefulness of the Games, regardless of foreseeability or whether the Company was advised of such damages. If any jurisdiction doesn’t permit certain limitations of liability, this limitation shall apply to the fullest extent permitted by law in that jurisdiction.

The limitation of liability set forth here shall not apply to the extent prohibited by any applicable law, which cannot be preempted. These Terms grant you specific legal rights, and you may have additional rights that vary by jurisdiction. In no event shall the Company’s liability for all damages related to these Terms or any cause of action exceed the lesser of:

  • The actual price paid by you for use of the Games and Services.
  • Ten US Dollars ($10.00), except as required by applicable law.

8. Indemnity 

You agree to indemnify, defend and hold the Company, its partners, affiliates, contractors, officers, directors, employees, agents and representatives harmless from and against any and all damages, losses and expenses arising directly or indirectly from:

  • your acts and omissions to act in using the Games and the Services pursuant to these Terms;
  • the breach of these Terms by you or anyone using your computer and/or (mobile) device, password or Facebook account or login information (including but not limited to breach of warranties, representations and obligations under these Terms);
  • any claim, loss or damage experienced from your use or attempted use of the Games or the Services, including any Virtual Items purchased via the Games or Services;
  • your violation of any law or regulation;
  • your infringement of any right of any third party; 
  • any other matter for which you are responsible hereunder or under law. 

9. General

(A) The period during which you’re granted rights to use the Games and/or Services according to these Terms starts on the date you accept these Terms and ends upon the earlier of (i) your removal or uninstallation of the Games or (ii) termination of these Terms by the Company. The Company reserves the right to terminate these Terms and your access to the Games and/or Services at any time, without specifying any particular reason. We retain the authority to investigate suspected breaches of these Terms or instances of unlawful or inappropriate conduct within the Games and/or Services. We will cooperate fully with law enforcement inquiries or court orders requesting disclosure of the identity, conduct, or activities of anyone believed to have violated these Terms or engaged in unlawful behavior.

Your rights to use the Games and Services will terminate immediately if you violate these Terms in any manner, including attempting to bypass any technical protection measures associated with the Games and/or Services. Any suspension or termination of your access does not release you from your obligations to the Company under these Terms (including but not limited to indemnification, any representations and warranties made by you, and limitation of liability), which are intended to persist despite such suspension or termination. Upon termination of these Terms, you are required to delete all copies of the Games and their components and cease accessing all Games and Services.

(B) THIRD PARTY BENEFICIARIES. Other than the Company, any Company-affiliated parties are specifically recognized as third-party beneficiaries under Section 7 “Limitations of Liability” and have the right to enforce the relevant terms of these Terms against you. Furthermore, all affiliates of the Company are acknowledged as express third-party beneficiaries of these Terms and have the authority to enforce the applicable terms against you.

(C) EQUITABLE REMEDIES: By agreeing to these Terms, you acknowledge that any failure to adhere to them will result in irreparable harm to the Company. Thus, you consent to the Company’s entitlement, without the need for bond, alternative security, or proof of damages, to seek appropriate equitable remedies in response to your breach of any of these Terms. This is in addition to any other remedies available to the Company.

(E) GOVERNING LAW AND DISPUTE RESOLUTION. The laws of the State of Ukraine will govern these Terms, and any disputes arising from them will be exclusively heard by the competent courts in Kiev. In any legal action taken to enforce these Terms, the party that prevails will be entitled to recover costs and attorneys’ fees. It’s required that any legal claims against the Company must be initiated within one (1) year from the date the cause of action arose.

(G) TRANSFER OF RIGHTS: You agree that the Company may transfer all or a part of its rights or responsibilities pursuant to these Terms without obtaining your consent. You may not transfer any of your rights provided hereunder without the prior written consent of the Company.

(H) MISCELLANEOUS: These Terms constitute the entire agreement between you and the Company concerning their subject matter and override all previous agreements and representations. The Company retains the right, at its sole discretion, to modify, add, or remove parts of these Terms by posting the updated version on its website. Your continued use of the Games or Services will be considered as acceptance of these changes. Should any provision of these Terms be deemed invalid or unenforceable for any reason, it will be interpreted to align as closely as possible with applicable law to reflect the original intentions, while the remaining provisions will remain valid and enforceable. The Company’s failure to exercise or enforce any of its rights under these Terms does not indicate a waiver of such rights, and any waiver must be in writing and signed by the Company to be effective.

Should you have any inquiries or concerns regarding these Terms, feel free to reach out to the Company via:  support@whitecrowgames.org.

Last Updated: 9 December 2023