TERMS OF SERVICE
Last updated: August 22, 2015
1.1 These Terms of Service govern the relationship between you and
Wargaming Group Limited,105, Agion Omologiton Avenue, Nicosia 1080, Cyprus, or any one of its affiliated entities, including Wargaming World Limited, 105, Agion Omologiton Avenue, Nicosia 1080, Cyprus, for Xbox games ("Wargaming", "we", "our" and "us") in relation to:
a) Our websites: worldoftanks.com, worldofwarplanes.com, worldofwarships.com, xbox.worldoftanks.com, wotgenerals.com, wotblitz.com (each a "Site")
b) Any of our online, mobile and browser games including, but not limited to, "World of Tanks", "World of Warplanes", "World of Warships", “World of Tanks” on Xbox 360 and Xbox One, “World of Tanks Generals”, or “World of Tanks Blitz” (each a "Game")
c) 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").
1.2 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.worldofwarplanes.eu/index.php?/forum-21/announcement-17-forum-rules/, and form part of these Terms of Service.
1.3 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
2.1 If you are under the age of eighteen (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 or any part thereof. 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) or whose legal guardian have accepted and agreed to these Terms of Service.
2.2 You agree that you will not knowingly allow any individual under the age of eighteen (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
3.1 From time to time, we may need to amend these Terms of Service, for example to reflect or include new products or services, to enhance security for our users or because of changes in the law. Also, we may from time to time need to amend the Forum Rules for various 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 such a change to these Terms of Service and/or to the Forum Rules, we will inform you of the particular changes in advance via e-mail no later than thirty (30) calendar days before such changes come into force and that you shall be deemed to have accepted these changes (i) unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receipt the e-mail notification from us, or (ii) if you use the Services after the changes have entered into force.In the e-mail notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.
3.2 In case you object to any changes as set out in article 1 of this present section 3 “Amendments to the Terms of Service and the Forum Rules”, the previous version of the respective Terms of Service and/or Forum Rules shall continue to apply. However, in that case we have the right to close your Account and terminate these Terms of Service with fourteen (14) calendar days’ notice. In case of such termination, you are entitled to a refund according to article 2 of section 13 “Suspension and Closure of Your Account / Termination of these Terms of Service”.
3.3 The latest version of these Terms of Service and of the Forum Rules will always be available on the Sites, so we recommend that you check for updates to these Terms of Service and to the Forum Rules each time you use the Services. Changes to the Terms of Service and/or the Forum Rules shall not affect your accrued rights, shall not substantially disrupt the contractual balance between you and us under these Terms of Service and shall not have retroactive effect.
4. The Terms of Service,
the End User Licence Agreement
You must also accept and comply with all rules of external platforms applicable to specific Game, including but not limited to, Xbox Games and other Xbox services rules, Apple Appstore and Game Center rules, and Google Play rules. Any breach of any rules of the external platforms shall also be regarded as a fundamental breach of the Terms of Service by you.
5. Your Wargaming Account
Creating an Account
5.1 In order to use the Services, you will need to create a Wargaming account (an "Account").
5.3 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/.
5.4 Specifically, in order to use the Services for Xbox 360 or Xbox One Games, you will need to visit the site and sign in using your Microsoft Xbox Live ID credentials. The Account will be automatically created using your Microsoft Xbox Live ID credentials (e-mail and nick name (gamertag).
In cases, including some iOS and Android Games you may also log in through some third party system, if expressly permitted in the Game.
5.5 Also, if expressly permitted by Wargaming, a "demo account" is possible in certain Games. In this case, you receive no separate username or password. The authorisation for the Game is made through the specific technical device (mobile phone, tablet, etc.) that you use.
However, you are strongly advised to set up a standard Account in accordance with the above provisions. If a "demo account" is used, we are not responsible for keeping your progress in the Game, ensuring the availability of game items and Virtual Goods or for the safety of any monetary or valuable assets in the Account. Cases when an Account and all connected assets may be lost entirely include the loss of the technical device, loss of password or any unauthorized modification of the operating system ("jailbreaking") or of the software.
5.6 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, children, spouses, co-workers, clan members, and/or clan leaders.
5.7 You may, under certain 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 to 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
5.8 You must ensure that you secure your Account, computer, mobile phone or other device from third party access. Please notify us immediately at https://eu.wargaming.net/support/ if you become aware of:
a) any unauthorised use of your Account or any other breach of security; or
b) any hacking tools being used or that might be used in relation to the Services.
5.9 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 e-mail are not protected by encryption and are vulnerable to interception during transmission.
6. Charges and Billing
6.1 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:
a) you are either over the age of eighteen (18) or, if you are under the age of eighteen (18), that your parent or guardian has agreed to and accepted the respective purchase and these Terms of Service on your behalf;
b) you are the authorised Account holder for the Account from which you are subscribing to the Services;
c) you are authorised to use the particular credit card or other accepted method of payment;
d) 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
e) you agree to pay all the fees that you incur, unless and until you close your Account and terminate these Terms of Service in accordance with these Terms of Service.
6.2 Any applicable fees and other charges on your Account for Services fully provided by us are not refundable, except as set forth in these Terms of Service, or as it is required under the applicable law.
6.3 Please remember that your Account is personal to you and cannot be transferred or traded with any other user.
6.4 IF YOU ARE PLAYING OUR GAMES ON EXTERNAL PLATFORMS SUCH AS MICROSOFT XBOX, APPLE IOS OR GOOGLE ANDROID, YOU MUST ALSO COMPLY WITH ALL TERMS AND CONDITIONS SET BY THOSE THIRD PARTY PLATFORMS. THE CHARGING AND BILLING IN SUCH GAMES ARE SUBJECT TO RULES OF THE THOSE PLATFORMS. WARGAMING DISCLAIMES ANY LIABILITY OF ANY NATURE FOR SUCH PLATFORMS’ ACTIONS.
7.1 The Services contain a lot of content, including, but not limited to software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures or video materials, as well as the design and appearance of our Sites and the Games (the “Content”). Some parts of the Content may only be accessible online and/or require using keys or codes, serial codes and/or online authentication of any kind and in-game achievements in order to be unlocked.
7.2 The Content and all of the intellectual property rights in the Content are owned by us (or by our affiliates and partners as applicable). However, during the time these Terms of Service are in force between you and us, we grant you a personal right (known as a 'licence') to use the Content in connection with your access and use of the Services. This licence is:
a) 'non-exclusive' (meaning that we can grant the same and similar licences to other people as well);
b) 'revocable' (meaning that we can terminate this licence in certain circumstances, which are explained further below);
c) 'personal' (meaning that you may not use the Content for any commercial purpose);
d) 'non-transferable' (meaning that the licence is only for your benefit and you may not transfer or sub-licence any of the rights that we grant to you to any other person);
e) 'limited' (meaning that you can only use the Content for the purposes we set out in these Terms of Service); and
f) conditional on your compliance with these Terms of Service, Game Rules, Forum Rules and the EULA.
7.3 Unless and to the extent that we have expressly authorised you in writing, you must not:
a) copy or download any Content from the Service or any part thereof (except as part of the proper use or operation of the Services);
b) distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Content;
c) make any commercial use (i.e. for profit) of any Content; or
d) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Content.
7.4 Wargaming will do its best to make the Content available to you as a part of your enjoyment of the Services, but this is subject to some rules which we need in order to ensure efficient running of the Services:
a) we can only make the Content available to you if it is legal for you to have access to the Content in your home country;
b) you may only obtain the 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;
c) we reserve the right to refuse your request(s) to acquire the Content, and we also reserve the right to limit or block any request to acquire or obtain Content at our reasonable discretion, in particular insofar as there are technical issues and/or legal restrictions e.g. under copyright law, criminal law, youth protection law etc.;
d) we do not guarantee that any of the 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 any particular Content for any particular period of time (unless we expressly say otherwise as part of the Services);
e) the Content you have access to is not returnable, exchangeable, or refundable for other Content or for cash, or other goods or services, unless otherwise provided in the present Terms of Service or as permitted in the Services; and
f) we may have to change or update the 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
8.1 The Services may permit you to purchase virtual items, virtual currency (so-called “Gold”) or time-limited premium memberships (virtual items, virtual currency and premium memberships together "Virtual Goods").
8.2 The following provisions apply to the purchase of Virtual Goods. To purchase Virtual Goods, you need to have an Account.
a) To conduct a purchase of Virtual Goods at the Site, you have to click on the “Get Gold” button. Once you get to our premium shop you can then choose the Virtual Goods, 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. You then may choose a payment method and enter your respective payment details.
b) Before you confirm your purchase by clicking on the “Purchase Now” button (or a likewise conspicuously labelled button concluding the purchase process), or by fulfilling another action required (e.g. sending a message, etc.), you will have the opportunity to review your purchase details, i.e. the particular Virtual Goods including its amount, if applicable, and respective total price including all taxes, and to correct any errors. To correct any errors you should go back to our premium shop, e.g. by clicking on the “Back” button of your browser.
c) By clicking the “Purchase Now” button (or the likewise conspicuously labelled button concluding the purchase process), or by fulfilling another action required (e.g. sending a message, etc.), you are sending an order to us to purchase the confirmed amount of Virtual Goods. If you have provided valid payment details within your Account, we will process your order. You will be notified of our acceptance or denial of your order by us on your screen within a few minutes from the moment of clicking the “Purchase Now” button (or the likewise conspicuously labelled button concluding the purchase process) or fulfilling the respective other action required (e.g. sending a message, etc.).
d) In case we accept your order, we will directly thereafter credit the purchased Virtual Goods 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. Other than that, we will not store the Purchase Contract text and wording and it will not be accessible to you after conclusion of the Purchase Contract.
e) 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 consumer protection law.
8.3 We set out below the rules that apply to Virtual Goods:
a) Virtual Goods may only be redeemed for other Virtual Goods where permitted in the Services;
b) once you have purchased Virtual Goods, those Virtual Goods are non-refundable and non-exchangeable (whether or not you use them), except as set forth in these Terms of Service, or as it is required under the applicable law;
c) 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;
d) Virtual Goods cannot be exchanged for cash or any goods or services (except other Virtual Goods as permitted in the Services);
e) 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;
f) you may only acquire Virtual Goods from us (or from any person that we authorise for this purpose) or from another user of the 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
g) we may limit or block a request to acquire Virtual Goods for any reason.
8.4 Information concerning the exercise of the right of withdrawal
Right of Withdrawal
You have the right to withdraw from any Purchase Contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day of the conclusion of the Purchase Contract.
To exercise the right of withdrawal, you must inform us,
Wargaming Group Limited
105, Agion Omologiton Avenue, Nicosia 1080, Cyprus
phone: +357 22 864444
fax: +357 22 864454
of your decision to withdraw from a Purchase Contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form you find under http://content.wargaming.net/Withdrawal%20Form.docx, but it is not obligatory.
You can also electronically fill in and submit a withdrawal form on our website via this link: https://eu.wargaming.net/support/Knowledgebase/Article/View/523/22/. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from the Purchase Contract, we shall reimburse to you all payments received from you under this Purchase Contract, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this Purchase Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services under a Purchase Contract during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from that Purchase Contract, in comparison with the full coverage of these services under the Purchase Contract.
You lose your right of withdrawal, insofar as the Purchase Contract is a service contract, after the service has been fully performed and if the performance has begun with the your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the service has been fully performed by us.
You lose your right of withdrawal insofar as the Purchase Contract comprises the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
Based on the aforesaid you understand that by purchasing Virtual Goods, you consent that we make available these Virtual Goods to you directly after we have accepted your order. You will lose your right of withdrawal once the Virtual Goods have been made fully available to you by us. However, your right of withdrawal is not lost if you purchase Virtual Goods that are granted to you for a certain period of time (e.g. time-limited premium memberships).
8.5 Please note that due to technical limitations we cannot warrant that payments made by you via a specific payment method will be reimbursed to you via that same payment method:
You agree that reimbursements for such payments can be facilitated by us via another, common means of payment, e.g. via transfer of money to your bank account, in case reimbursements via these payment methods are technically impossible. In any case, you will not incur any fees as a result of such reimbursement.
8.6 Applicable consumer protection law, in particular your right of withdrawal under article 4 of section 8 “VIRTUAL GOODS AND VIRTUAL CURRENCY”, will not in any way be restricted by the present Terms of Service.
8.7 The following rules apply in regard to the gifts made through the Premium Shop:
a) As of the latest ToS update, gifts are only available in World of Tanks and World of Warplanes. Please check for updates.
b) Please note that gifts can be made within the same game server region only, i.e. gifts from an account on the EU server cannot be made to players on the North America server.
c) Within 24 hours after a gift is sent, the recipient will receive a notification via email. To receive a gift, the recipient must go to the My Gifts page in the Premium Shop and accept the gift.
d) A recipient may accept or decline a gift. A recipient has 30 days to accept a gift. If it is not accepted within this period, the sender will automatically receive compensation to their account as in-game currency equal to the price of the gift as at the time of purchase.
e) Within 24 hours after a recipient accepts or declines a gift, the sender will receive a notification via email.
f) If a recipient of a gift already owns a vehicle included in the gift, that vehicle's full cost in gold as at the time of purchase in the Premium Shop will be automatically compensated to the recipient. The vehicle will not be transferred to the recipient's account.
g) Any vehicles sent as a gift will be transferred together with a corresponding Garage Slot.
h) If the sender of a gift cancels the payment or fails to pay after the recipient accepts the gift, both accounts will be blocked until the circumstances are clarified. Please do not accept gifts from unknown senders.
9. Fan Websites
9.1 This section relates to any fan website that you may create regarding any of our Games ("Fansites" and each a "Fansite").
9.2 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/news/943-world-tanks-fankit). In these Terms of Service we refer to this specifically designated Content as "Fansite Content".
9.3 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:
a) 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;
b) 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;
c) you agree to comply with any usage guidelines that we may provide to you from time to time;
d) 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;
e) you shall not use or adopt any trademarks that might be confusingly similar to any Fansite Content;
f) 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;
g) 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
h) 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.
9.4 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 CLOSURE of Your Account / Termination of these Terms of Service”.
10. User Generated Content
10.1 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.
10.2 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.
10.3 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:
a) any part of the UGC which comprises or incorporates any of our intellectual property rights remains our property;
b) you must not upload any UGC that belongs to anyone else unless you have the respective right owner’s authorisation to do so;
c) 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;
d) you waive and agree not to assert any moral rights or similar rights you may have in UGC against us;
e) 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;
f) you must not in any way claim or suggest that any UGC is endorsed, supported by, or affiliated with us;
g) 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;
h) 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;
i) 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
j) 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
11.1 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").
11.2 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
12.1 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.
12.2 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:
a) we may restrict your access to the Games Forums to read-only status for a short period of time;
b) we may restrict your access to the Games Forums to read-only status for a longer period of time;
c) we may restrict your access to the Games Forums to read-only status permanently; and
d) we may suspend or close your Account and terminate these Terms of Service as provided in section 13 “Suspension and CLOSURE of Your Account / Termination of these Terms of Service”.
12.3 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.
12.4 If you encounter another user who is contravening any of the Forum Rules, please report this activity to us 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 Closure of Your Account / Termination of these Terms of Service
Termination for Cause
13.1 Our and your statutory rights to close your Account and terminate these Terms of Service for good cause remain unaffected by these Terms of Service.
13.2 If such a termination for cause is prompted by a breach of a contractual obligation under these Terms of Service from our side, you are entitled to (i) a refund for any payments made by you for Gold that at the time of termination has not been used by you in exchange for other Virtual Goods; and (ii) a pro-rata refund of payments for any premium membership active for your Account at the time of termination. Other than that, you will not be entitled to any refunds or compensation.
Suspension or termination by Wargaming
13.3 If you are in material breach of these Terms of Service or EULA, then we may, at our reasonable discretion depending on the seriousness of the breach, take some or all of the following actions:
a) suspend your Account for a short period of time;
b) suspend your Account for a longer period of time; and
c) close your Account and terminate these Terms of Service.
If the breach of these Terms of Service 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 fourteen (14) 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 and terminate these Terms of Service, then you will never be able to access your Account and we may also prohibit you from accessing or using the Services in future.
13.4 We can also suspend your access to the 'game chat' functionality in the Game, and if we do that, then during the period of that suspension you will be able to play the Game and read the 'game chat' of other players, but will not be able to participate in 'game chat'.
13.6 If you believe that we have suspended or closed your Account in error, please contact Customer Support at https://eu.wargaming.net/support/.
14. Your Right to close Your Account and terminate these Terms of Service without cause
14.1 You may close your Account and terminate these Terms of Service without cause at any time by contacting Customer Support at https://eu.wargaming.net/support/.
14.2 Important note: Any Virtual Goods you purchase from us are directly linked to the existence of your Account. If you decide to close your Account and terminate these Terms of Service without cause, you will lose any Virtual Goods accessible from that Account at the time of the termination. You will then only be entitled to a pro-rata refund of payments for any premium membership active for your Account at the time of termination. Other than that, you will not be entitled to any refunds or compensation.
14.3 This present section 14 “YOUR RIGHT TO CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF SERVICE WITHOUT CAUSE” does not limit your statutory rights of withdrawal under article 4 of section 8 “VIRTUAL GOODS AND VIRTUAL CURRENCY”.
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
17.1 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.
17.2 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.
17.3 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.
17.4 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.
17.5 By starting a beta game, you agree that:
a) playing the beta game is at your own risk and that you know that the beta game may include known or unknown bugs;
b) any value or status indicators that you achieve through the gameplay may be erased at any time;
c) we have no obligation to make this beta game available for play without charge for any period of time, nor to make them available at all;
d) this beta game may be available only by subscription once the testing process is complete or at any time in the future;
e) these Terms of Service apply to your use of the beta game during the testing phase; and
f) if the beta test is a closed beta test, you will keep all information about the beta game 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, sittinga reasonable distance from the screen, and playing the game in a well-lit environment.
19. Warranties and Liability Regarding the Services
19.1 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”.
19.2 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.
19.3 Unless otherwise provided under the applicable law, in addition to article 2 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 vicarious agents.
19.4 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
20.1 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 the laws of Cyprus, unless otherwise required by the law of the country where the user has his habitual residence.
20.2 We and you submit all the aforementioned disputes to the jurisdiction of the courts of the country whose laws are applicable subject to article 1 of the present section 20 "GOVERNING (APPLICABLE) LAW AND JURISDICTION".
21. Copyright and Trade Mark Notices
“World of Tanks”, “World of Warplanes”, “World of Warships”, “World of Tanks Generals”, “World of Tanks Blitz”, “Wargaming.net” and “Wargaming” and their respective logos are trademarks or registered trade marks of Wargaming. 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.
23. Contact Us
If you have any questions, complaints, or comments regarding these Terms of Service, please contact us at https://eu.wargaming.net/support/.
Model Withdrawal Form
Complete and return this withdrawal form only if you wish to withdraw from a contract with Wargaming.
Wargaming Group Limited
105, Agion Omologiton Avenue
phone: +375 22 864444
fax: +357 22 864454
I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service [please specify the service(s) from which you would like to withdraw]:
Services received on [please fill in the date you received the service(s)]: _____________________
Name of consumer(s) [please fill in your name]: ____________________________________
Address of consumer(s)
[please fill in your address]: ____________________________________
To help us to identify your payments, please also provide the following information (not mandatory):
Wargaming username of consumer(s): ____________________________________
Email address of consumer(s): ____________________________________
Signature of consumer(s): ____________________________________
(only required if this form is notified on paper)
Date [please fill in the date you send this withdrawal form to Wargaming]: _____________________