Last updated: 08.02.2014
- These Terms of Service govern the relationship between you and
Wargaming Public Company Limited,
105, Agion Omologiton Avenue,
Nicosia 1080, Cyprus
("Wargaming", "we", "our" and "us") in relation to:
- our websites: http://worldoftanks.eu, http://worldofwarplanes.eu, http://www.worldofwarships.eu (the "Sites");
- any of our online and mobile games including, but not limited to, "World of Tanks", "World of Warplanes" and "World of Warships" (the "Games"); and
- any of our other products and services (including support services) which may be accessible via a third party platform, web application or social networking service (together the "Ancillary Services").
- These Terms of Service also govern the relationship between you and us regarding your use of any of the forums that we operate for the Games (the "Games Forums"). The rules and guidelines applicable to the Games Forums (the "Forum Rules") are set out at http://forum.worldoftanks.eu/index.php?/forum-40/announcement-124-forum-rules, and form part of these Terms of Service.
- In these Terms of Service we refer to the Games, the Games Forums and the Ancillary Services together as the "Services".
2. USERS UNDER THE AGE OF 18
- If you are under the age of 18, please ask your parent or guardian to read and accept these Terms of Service on your behalf before you use the Services. If you (or, if applicable, your parent or guardian) do not agree to these Terms of Service, then you may not use or access the Services. By signing up for an Account (see below, section 5 “YOUR WARGAMING ACCOUNT”), you represent and warrant that you are a “natural person” who is over the age of eighteen (18) years old or whose legal guardian have accepted and agreed to these Terms of Service.
- You agree that you will not knowingly allow any individual under the age of 18 to use or access the Services without a parent or legal guardian supervising him or her.
3. AMENDMENTS TO THE TERMS OF SERVICE AND THE FORUM RULES
- From time to time, we may need to amend these Terms of Service for serious reasons, for example to reflect new products or services or because of changes in the law. If we make a change to these Terms of Service, we will inform you in advance via email no later than 30 days before such changes enter into force and of your right not to accept them. The latest version of these Terms of Service will always be available on the Sites, so we recommend that you check for updates to these Terms of Service each time you use the Services. Changes to the Terms of Service shall not affect your accrued rights and shall not have retroactive effect. (This section does not apply to changes to the Forum Rules which is addressed in article 2 of this section 3 “AMENDMENTS TO THE TERMS OF SERVICE AND THE FORUM RULES”).
- From time to time we may also need to amend the Forum Rules for serious reasons, for example to ensure that the Games Forums operate smoothly and to reflect the needs of the community using the Games Forums. If we make a change to these Forum Rules, we will inform you via email in advance of such changes 30 days before such changes enter into force and of your right not to accept them. The latest version of the Forum Rules will always be available on the Sites. Changes to the Forum Rules shall not affect your accrued rights and shall not have retroactive effect.
4. THE TERMS OF SERVICE,
THE END USER LICENCE AGREEMENT
- "World of Tanks": EULA and Game Rules.
- "World of Warplanes": EULA and Game Rules.
5. YOUR WARGAMING ACCOUNT
- Creating an Account
- In order to use the Services, you will need to create a Wargaming account (an "Account").
- When creating an Account you will also be required to provide a 'user name' and/or 'persona' to represent you in a Game and on our Sites. User names and personas are tied to your Account (meaning they cannot be transferred to anyone else). You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise breaches these Terms of Service. If you have questions about Account registration, please contact us at https://eu.wargaming.net/support/.
- Account Sharing
- You must keep all information relating to your Account confidential. At no time should you disclose your account ID or password, secret question or answer to anyone. This includes your friends, relatives, parents, children, spouses, co-workers, clan members and clan leader.
- You may, under circumstances, be responsible for the conduct and actions using your Account and for all breaches of these Terms of Service committed by using your Account which are due your culpable omissions or conduct as regards your Account information. We shall have no liability to you for any loss or damage arising from any unauthorised use of your Account or any unauthorised access, use, alteration, modification and/or disclosure of your personal information based on your culpable omissions or conduct as regards your Account information.
- Security of Your Account
- You must ensure that you secure your Account and computer from third party access. Please notify us immediately at https://eu.wargaming.net/support/ if you become aware of:
- any unauthorised use of your Account or any other breach of security; or
- any hacking tools being used or that might be used in relation to the Services.
- We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorised access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made by email are not protected by encryption and are vulnerable to interception during transmission.
6. CHARGES AND BILLING
- You do not have to pay any registration or subscription fees to create an Account. However, some of the Services may require you to pay a fee. If you decide to subscribe to any such Services, you must ensure that:
- you are either over the age of 18 or, if you are under the age of 18, that your parent or guardian has agreed to and accepted the respective purchase and these Terms of Service on your behalf;
- you are the authorised Account holder for the Account from which you are subscribing to the Services;
- you are authorised to use the particular credit card or other accepted method of payment;
- all information that you submit is true and accurate (this includes, without limitation, your credit card number and expiration date so it is important to keep these details updated); and
- you agree to pay all the fees that you incur, including all recurring subscription fees, unless and until you cancel your Account or any particular subscription to any of the Services in accordance with section 14 "YOUR RIGHT TO CANCEL YOUR ACCOUNT" of these Terms of Service.
- Any applicable fees and other charges on your Account for Services fully provided by us are not refundable, except where your right of revocation applies as set forth below in article 3 of section 8 “VIRTUAL GOODS AND VIRTUAL CURRENCY”, or as it is required under the applicable law.
- Please remember that your Account is personal to you and cannot be transferred or traded with any other user.
- The Services contain a lot of content. This content includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures or video regarding the Services, as well as the design and appearance of our Sites and the Games. The Services also may permit you to access online and unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind and in-game achievements. In these Terms of Service we refer to all of the content contained in the Services as "Content".
- The Content and all of the intellectual property rights in the Content are owned by us (or our affiliated and partners as applicable). However, we grant you the personal right (known as a 'licence') during the time these Terms of Service are in force between you and us to use the Content in connection with your access and use of the Services. This licence is:
- 'non-exclusive' (meaning that we can grant the same and similar licences to other people as well);
- 'revocable' (meaning that we can terminate this licence in certain circumstances which are explained further below);
- 'personal' (meaning that you may not use the Content for any commercial purpose);
- 'non-transferable' (meaning that the licence is only for your benefit and you may not transfer or sublicense any of the rights that we grant to you to any other person);
- 'limited' (meaning that you can only use the Content for the purposes we set out in these Terms of Service); and
- conditional on your compliance with these Terms of Service, Game Rules, Forum Rules and the EULA..
- Unless and to the extent that we have expressly authorised you in writing, you must not:
- copy or download any Content from a Service (except as part of the proper use or operation of that Service);
- distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sublicense, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content;
- make any commercial use (i.e. for profit) of the Content; or
- remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.
- Wargaming will do its best to make the Content available to you as part of your enjoyment of the Services, but this is subject to some rules which we need to ensure efficient running of the Services:
- we can only make Content available to you if it is legal for you to have access to that Content in your home country;
- you may only obtain Content from us (or from any person that we authorise for this purpose) and you must not obtain Content from any other person or attempt to do so;
- we reserve the right to refuse your request(s) to acquire Content, and we also reserve the right to limit or block any request to acquire or obtain Content for any reason;
- we do not guarantee that any Content will be available at all times, in all countries and/or all geographic locations, or at any given time or that we will continue to offer particular Content for any particular length of time (unless we expressly say otherwise as part of the Services);
- once you have redeemed or activated Content, it is not returnable, exchangeable, or refundable for other Content or for cash, or other goods or services; and
- we may have to change or update Content from time to time, but we will post details of any changes in the news section of the relevant Site(s).
8. VIRTUAL GOODS AND VIRTUAL CURRENCY
- The Services may permit you to purchase virtual goods or virtual currency. (In these Terms of Service we refer to virtual goods or virtual currency together as "Virtual Goods").
- The following provisions apply to the purchase of Virtual Goods. To purchase Virtual Goods, you need to have an Account.
- To conduct a purchase of Virtual Goods, you have to click on the “Get Gold” button. You can then choose the amount of virtual currency or virtual good which you would like to purchase. The respective price in Euro, US-Dollar or the currency applicable to your region, for the Virtual Good you would like to purchase, will be displayed.
- Before you confirm your purchase by clicking on the “Purchase Now” button, you will have the opportunity to review your purchase details, i.e. the amount of virtual currency and particular virtual good and respective price, and to correct any errors.
- By clicking the “Purchase Now” button, you are sending an order to us to purchase the confirmed amount of virtual currency and/or virtual good. If you have provided valid payment details within your account, we will accept your order. You will be notified of our acceptance or denial of your order by us within minutes from the moment of clicking the “Purchase Now” button on your screen.
- In case we accept your order, we will credit the purchased amount of virtual currency and/or the purchased virtual good to your Account and we will charge you via the selected payment method. You will also receive a confirmation of your purchase via e-mail, containing the contract details (the “Purchase Contract”) and these Terms of Service. From the moment of receipt by you of the e-mail, containing the Purchase Contract, such Purchase Contract shall be deemed to be concluded.
- The Purchase Contract will be concluded in the language of the country where you live, or in the English language, unless otherwise provided under the applicable law.
- We set out below the rules that apply to Virtual Goods:
- Virtual Goods may only be redeemed for other Virtual Goods where permitted in the Services;
- once you have purchased Virtual Goods, those Virtual Goods are non-refundable and non-exchangeable (whether or not you use them), except where your right of revocation applies as set forth below in article 4 of this present section 8 “VIRTUAL GOODS AND VIRTUAL CURRENCY”, or as it is required under the applicable law;
- Virtual Goods cannot be sold or transferred to anyone, but you may buy Virtual Goods for another user of a Game through the gift shop applicable to that Game;
- Virtual Goods cannot be exchanged for cash or any goods or services (except other Virtual Goods as permitted in the Services);
- to acquire Virtual Goods, you need to follow the instructions provided in the Services; this can include making a payment and providing personal and financial details (which you should ensure are complete and accurate).
- the price payable for the Virtual Goods (including any value added tax or other applicable taxes of duties) will be as set out on our Sites or as part of the Services (as applicable);
- we do not make any promises about how or when Virtual Goods may be available for purchase and can update or change Virtual Goods available for purchase at any time;
- you may only acquire Virtual Goods from us (or from any person that we authorise for this purpose) or from another user of a Game as a gift through the gift shop applicable to that Game, and you must not obtain Virtual Goods from any other person or in any other way or attempt to do so; and
- we may limit or block a request to acquire Virtual Goods for any reason.
- Right of Revocation
You can withdraw from the Purchase Contract without giving any reason by means of sending a message in a text form (e.g. letter, fax, e-mail, ticket request) within 14 days of the receipt by you of the e-mail containing the Purchase Contract (the “Revocation Period”) unless otherwise provided in the applicable law.
The Revocation Period shall be deemed to have been observed in all cases where the dispatch of the revocation message happened within the Revocation Period, even if we received the revocation message afterwards.
The revocation has to be addressed to:
Wargaming Public Company Limited
105, Agion Omologiton Avenue, Nicosia 1080, Cyprus
ticket request link: https://eu.wargaming.net/support/
fax: +357 22 20 70 22
Consequences of revocation:
In case of revocation, the Purchase Contract shall be considered to be terminated and you shall be free from any obligations. Whatever the parties have already provided shall be returned in the unchanged state, unless the change was necessary within the limits of the ordinary management. The return shall take place immediately, however, no later than within 14 days from the moment of request or revocation.
Unless otherwise is stated by applicable law, you shall have no right of revocation in the cases where:
1. Performance of the services started with the consumer’s consent before the expiration of the Revocation Period;
2. You have ordered a service with characteristics specified by you or the service is closely connected with you;
3. The service involves a performance which due to its nature cannot be returned or which subject is susceptible to quick deterioration.
9. FAN WEBSITES
- This section relates to any fan web site that you may create regarding any of our Games ("Fansites" and each a "Fansite").
- At some of our Sites we expressly designate certain Content such as Wargaming game-related images, graphics or artwork and trade marks as being "for fansite use" (for example see: http://worldoftanks.eu/en/news/46/world-tanks-fankit). In these Terms of Service we refer to this specifically designated Content as "Fansite Content".
- We grant you a non-exclusive, revocable, personal, non-transferable and limited licence (as these terms are defined in article 2 of section 7 “CONTENT” above) to reproduce and redistribute Fansite Content on Fansites. This licence is conditional upon you complying with the following provisions:
- you acknowledge and agree that we retain ownership of the Fansite Content and have the right to amend, delete, add to or otherwise modify any of it at any time;
- you agree to include Wargaming's trade mark, copyright or other proprietary rights notices when displaying Fansite Content if we request you to do so and in the manner that we request you to do so;
- you agree to comply with any usage guidelines that we may provide to you from time to time;
- you shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Fansite Content, including in digital form, nor challenge Wargaming's ownership (or the ownership of any third party) of the Fansite Content;
- you shall not use or adopt any trademarks that might be confusingly similar to any Fansite Content;
- the Fansite will not post material that is disparaging, illegal or infringes on the rights of any third party or that damages (or that might damage) the reputation of Wargaming or of any of the Games;
- except as expressly permitted in these Terms of Service, you shall not rent, lease, reproduce, modify, translate the Fansite Content, or make an adaptation of (including without limitation fiction or visual art), or in any way exploit, any of the Content without our express written permission; and
- you must not make, or seek to make, any commercial use or profit out of the Fansite Content (including for example by selling subscriptions to your Fansite) without our prior written consent.
- If you fail to comply with any of the terms set out in this section, we reserve the right to terminate your licence over the Fansite Content and also to close your Account in accordance with section 13 “SUSPENSION AND TERMINATION OF YOUR ACCOUNT”.
10. USER GENERATED CONTENT
- Some Services permit you to create or upload content which you have created (which we refer to in these Terms of Service as "User Generated Content" or "UGC"). UGC includes, for example: Account personas, forum posts, chat posts, voice chat, messenger type features, profile content and any other Content contributed by users to or on Services.
- Users of the Services create, download and use User Generated Content at their own risk. If you upload or make available to other users your UGC via our Services, we do not control, monitor, endorse or own your UGC, and you are commissioning us to host and make available such UGC on our Services and grant to us a respective limited, non-exclusive and revocable license.
- In relation to any User Generated Content which you create or wish to make available to other users, you agree to and comply with the following terms and conditions:
- any part of the UGC which comprises or incorporates any of our intellectual property rights remains our property;
- you must not upload any UGC that belongs to anyone else unless you have their authorisation to do so;
- you must not upload any UGC that infringes the intellectual property rights or privacy or any other rights of anyone else or which is illegal or breaches these Terms of Service;
- you waive and agree not to assert any moral rights or similar rights you may have in UGC against us;
- you are solely responsible for your UGC; we do not pre-screen all UGC and do not endorse, approve, or pre-screen any UGC that you and other users may contribute to Services;
- you must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us;
- the UGC must comply with all relevant legislation and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us;
- if you create any UGC, you are responsible and liable for it; we may, under circumstances, not bear any liability or responsibly for UGC, nor do we provide any support for UGC;
- if we believe that your use or uploading of UGC breaches any of these conditions, then Wargaming may remove, block, edit, move or disable such UGC; and
- if you contravene any of these conditions, we reserve the right to suspend or permanently remove availability of your UGC and to take any other steps which we consider appropriate.
11. FEEDBACK AND USER SUBMISSIONS
- We are always pleased to hear from our users and welcome specific comments about our Services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. The aim of this policy is to avoid the possibility of future misunderstandings when projects that we develop might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative suggestions, ideas, notes, drawings, concepts or other information such as game ideas or original artwork ("Submissions").
- Any and all Submissions that you send to us, whether at our specific request or notwithstanding our request that you do not do so, shall be deemed, and shall remain, our property from the time of uploading or transmission.
12. FORUM RULES
- The Forum Rules set out how we expect you to behave when using any of the Games Forums. Please review the Forum Rules carefully before using any of the Games Forums.
- If you contravene the Forum Rules, then we may take some or all of the following actions (depending on the seriousness of the breach) without any notice to you:
- we may restrict your access to the Games Forums to read-only status for a short period of time;
- we may restrict your access to the Games Forums to read-only status for a longer period of time;
- we may restrict your access to the Games Forums to read-only status permanently; and
- we may suspend or terminate your Account as provided in section 13 “SUSPENSION AND TERMINATION OF YOUR ACCOUNT”.
- If we restrict your access to the Games Forums to read-only status, then during the period of that restriction you will be able to view the Games Forums but will not be able to post comments to the Games Forums.
- If you encounter another user who is contravening any of the Forum Rules, please report this activity to Wargaming using the "Help" or "Report Abuse" functions in the relevant Games Forum if available, or otherwise contact Customer Support at https://eu.wargaming.net/support/.
13. SUSPENSION AND TERMINATION OF YOUR ACCOUNT
- If you are in material breach of these Terms of Service, then we may, at our reasonably discretion depending on the seriousness of the breach, take some or all of the following actions:
- suspend your Account for a short period of time;
- suspend your Account for a longer period of time; and
- may close your Account.
If the breach is your first breach, if it is not flagrant, if it is capable of cure, and if the circumstances allow us to do so, then we shall give you 14 (fourteen) calendar days prior written notice of the impending Account closure to give you the opportunity to cure the breach during such time period. If we suspend your Account, then during the period of that suspension you will not be able to access your Account or use any of the Services. If we close your Account, then you will never be able to access your Account and we may also prohibit you from accessing or using the Services in future.
- If you cancel your Account in accordance with section 14 “YOUR RIGHT TO CANCEL YOUR ACCOUNT” of these Terms of Service, we may remove all Virtual Goods from that Account and you will not be entitled to any refunds or compensation.
- If you believe that we have suspended or cancelled your Account in error, please contact Customer Support at https://eu.wargaming.net/support/.
14. YOUR RIGHT TO CANCEL YOUR ACCOUNT
- You may cancel your Account or any particular subscription to any of the Services at any time by contacting Customer Support at https://eu.wargaming.net/support/.
- If you cancel your Account, we may remove all Virtual Goods from that Account and you will not be entitled to any refunds or compensation.
15. NATURE OF SERVICES
You hereby accept, recognize and understand that we constantly work on further development of the Game and Services, we improve, upgrade and update graphics, features, gameplay and any other Content of the Game in order to make the gameplay enjoyable for you.
16. LINKS TO THIRD PARTY SITES
The Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such web sites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
17. BETA TESTS
- We may give you the opportunity to beta test new games and features of the Sites. Your participation as a beta tester is subject to the following terms and conditions.
- Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you must safeguard and prevent unauthorised access to, copying, disclosure, and unauthorised use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. Your obligation to keep the beta games confidential will continue until we publicly distribute, or otherwise disclose to the public through no fault of yours, each of the games and the content that you are testing.
- As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these Terms of Service or the Sites shall be construed as granting you any rights or privileges of any kind with respect to the beta games. The beta games are provided for testing on an "as is" basis and we make no warranty to you of any kind, express or implied.
- When playing certain beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. We may reset this data when the relevant game completes this testing phase or at any time during the testing process. In this case, all player history and data will be erased and each player will return to novice status.
- By starting a beta game, you agree that:
- playing beta games is at your own risk and that you know that the games may include known or unknown bugs;
- any value or status indicators that you achieve through game play may be erased at any time;
- we have no obligation to make these games available for play without charge for any period of time, nor to make them available at all;
- these games may be available only by subscription once the testing process is complete or at any time in the future;
- these Terms of Service apply to your use of the games during the testing phase; and
- if the beta test is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
18. EPILEPSY WARNING
Certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
19. WARRANTIES AND LIABILITY REGARDING THE SERVICES
- Our Warranties
- We warrant that we have the right to enter the Terms of Service and to grant you the licences to use the Services set out in section 7 “CONTENT”.
- Our Liability
- We shall be liable for damages with respect to injuries to health, body or life or for intentional damages caused by us, our representatives, employees or our vicarious agents or in any other cases according to the applicable law.
- Unless otherwise provided under the applicable law, in addition to article 2.1 of the present section 19 “WARRANTIES AND LIABILITY REGARDING THE SERVICES”, with respect to Virtual Goods, we shall be liable for damages that arise from the lack of a guaranteed characteristic or gross negligence of us, our representatives, or designated agents.
- Any further liability of us shall be waived to the broadest extent as permitted by relevant provisions of applicable law.
20. GOVERNING (APPLICABLE) LAW AND JURISDICTION
- These Terms of Service and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by law of the country where you live.
- We and you submit all the aforementioned disputes to the jurisdiction of the courts of the country where you live.
21. COPYRIGHT ANS TRADE MARK NOTICES
"Wargaming", "World of Tanks", "World of Warplanes" and "World of Warships" and their respective logos are trade marks or registered trade marks of Wargaming (in the United Kingdom and other countries). You may not use or display such trademarks in any manner, except as expressly set out in these Terms of Service. All third party trademarks and service marks that appear in the Games are the property of their respective owners and all rights in them are reserved.
22. NO RESTRICTION OF CONSUMERS' RIGHTS
The provisions of these Terms of Service do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of applicable law nor may be construed by anyone in this way.
22. CONTACT US
If you have any questions, complaints, or comments regarding these Terms of Service, please contact us at https://eu.wargaming.net/support/.