TERMS OF USE Last Updated: July 5th, 2022 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY OF THE GAMES. THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN "YOU" AND SAS LUZASH ENTERTAIMENT and/or any of its subsidiaries and affiliates (collectively "LUZASH ENTERTAINMENT" "WE", "OUR", "US"). These Terms of Use set out how you are permitted to use our Services, including accessing games developed, operated or published by Luzash Entertainment (“Games”), content, materials, or to any other of our webpages, sites or applications that are connected and operated by Luzash Entertainment, or any other social network and online functionalities that are connected to Luzash Entertainment’s Services, as well as the proper use of materials, content and software developed and created by Luzash Entertainment. For convenience, each of Luzash Entertainment’s online services shall be referred to as the “Service” or “Services”. By accessing, downloading or using any of our Services in any way, including accessing the Services through any third-party Platforms (including mobile or web platforms, social networking sites or otherwise); or by clicking on the "I ACCEPT" button, or by completing the registration process for an Account, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND, IN JURISDICTIONS WHERE CONSENT IS REQUIRED FOR LUZASH ENTERTAINMENT TO PROCESS YOUR PERSONAL INFORMATION, YOU CONSENT TO THE COLLECTION, USE, AND STORAGE OF YOUR INFORMATION AS OUTLINED IN LUZASH ENTERTAINMENT'S PRIVACY AND COOKIE POLICY. (All of the above, collectively "YOUR ACCEPTANCE"). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, YOU MAY NOT USE OR CONTINUE TO USE OF THE SERVICE. THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE RUSSIAN FEDERATION, PLEASE NOTE THAT UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE RUSSIAN FEDERATION OR EUROPEAN UNION COUNTRY IN WHICH YOU RESIDE. 1. GENERAL USE AND CHANGES The Service is licensed, not sold, to you. Luzash Entertainment grants you a limited, revocable, non-transferable right to access and use the Services. Luzash Entertainment reserves the right to refuse any user access to the Service without notice if the user violates these Terms and, where permitted by law, for any other reason. To the fullest extent permitted by law, you agree that Luzash Entertainment may suspend or discontinue the Service (or any feature or application thereof) or change the content of the Service at any time, for any reason, with or without notice, and without liability. The Services are only available to Users in certain jurisdictions who should only use the Services as permitted under applicable law. The Services may not be authorized for use in certain other jurisdictions that are subject to embargoes or any economic sanctions, as applicable. YOU MAY NOT USE THE SERVICES IF YOU DO NOT HAVE THE LEGAL CAPACITY UNDER APPLICABLE LAW TO AGREE TO THE TERMS. WE MAY REQUIRE PROOF OF AGE (FOR EXAMPLE, WE MAY REQUEST YOUR MONTH AND/OR YEAR OF BIRTH) OR WE MAY REQUIRE PARENTAL OR LEGAL GUARDIAN CONSENT AT ANY TIME. WE ALSO RESERVE THE RIGHT TO BLOCK USERS IS WE SUSPECT THEY ARE UNDER THE APPLICABLE AGE. Luzash Entertainment can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Service and by notifying you either through a banner on the Service or, depending on your account status, via email at Luzash Entertainment's sole discretion. These Terms will come into effect thirty (30) days after posting. By using the Service after Luzash Entertainment has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service. Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular features of the Service, which will be made available to you when you use these features. These expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded. You understand and agree that the Service (and any applications) are evolving. To the fullest extent permitted by law, Luzash Entertainment may require that you download and install updates to the Service, at any time, without notice or liability to you. You also understand and agree that any such changes or updates to the Mobile Applications might change the system specifications necessary to use the Mobile Application, and in such a case and to the fullest extent permitted by law, you, and not Luzash Entertainment, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the Mobile Application. You acknowledge that when an upgrade is available, previous versions of the Mobile Application may cease to be available or no longer be supported by Luzash Entertainment. 2. USE OF THE SERVICE (a) Technical requirements. Our Services may require you to have certain minimum technical requirement/s, as provided and detailed for the respective Service. While using and accessing the Service, you acknowledge that you read and understand the minimum technical requirements applicable in order to receive the Service. (b) Visitors and Guests. If you are a visitor, you will be able to view and use certain features of the Service that are available without registration. You do not need to register with Luzash Entertainment to simply visit and view websites, the public information on the Service, or to download certain applications. You will also have the option to play Games as a guest if that is your preference. (c) Account Registration. In order to access certain features of the Services and Games you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user of the Service ("User," or "user") who has registered an account with us ("Account") or has a valid account on the social networking service through which the User has connected to the Service (each such account, a "Third-Party Account"). When registering an Account, you may be required to provide certain information so that we can provide you with an Account identification number. Keep your Account details and passwords secured as further described in section (g) “Registration” below. In order to protect our Services, Users and Luzash Entertainment itself, we reserve the right, if necessary, to reject to register any Account or to terminate it in accordance with these Terms. (d) Access through Third-Party Platforms. If you access the Service through a social networking service or other third-party service (each a "Third-Party Platform") as part of the functionality of the Service, you may link your Account with Third-Party Accounts, by allowing Luzash Entertainment to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Luzash Entertainment and/or grant Luzash Entertainment access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Luzash Entertainment to pay any fees or making Luzash Entertainment subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by contacting our customer support at contact@luzash.com (the change will take place within 14 days). PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND LUZASH ENTERTAINMENT DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Additionally, you agree and understand that we do not control those Third-Party Platforms and their content. You are subject to and should read the terms of use agreements and privacy policies that apply to such Third-Party Platforms. (e) Subscription and Memberships. Some of our Services offer you the possibility to purchase subscriptions and timely memberships (respectively, “Subscription” and “Membership”). Some Subscriptions and Memberships may impose additional terms specific to that option ("Subscription Terms"), including additional end user license agreement or payment terms billing procedures. The Subscriptions and Memberships may be available at different fees chargeable for a set period specified under the Subscription Terms. We may change the fees or Subscription Terms at any time upon reasonable notice, giving you the opportunity to terminate the Subscription before the new fees start applying. If you order a Subscription or Membership, you must ensure that all the information you submit is true and accurate and acknowledge that you have all authorizations and the legal capacity to engage for the order of the Subscription or Membership, as may be required under applicable laws. Note, that you can manage your Subscriptions and turn off auto-renewals in the respective device’s account settings. Subscriptions will be auto-renewed automatically, unless terminated by you in accordance with the terms and policies applicable by the Third-Party Platforms. Additional information on payment process, auto-renewal of Subscriptions cancellation for Mobile Devices can be found in the terms of the respective platform: Google Play Store: https://play.google.com/about/play-terms/index.html Apple App Store: https://www.apple.com/legal/internet-services/itunes/ (f) Referral Programs. Some of our Services include offers relating to friend referral programs (“Referral Programs”). Further supplemental Terms and rules to participate in the Referral Program, including your additional required consent, may apply in order to participate in the Referral Program. By participating in a Referral Program, you hereby acknowledge and agree that you have read and understand the terms and conditions and the rules that apply on the referral program. (g) Registration Data. In registering for the Service/s, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. To the fullest extent permitted by law, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (a) notify Luzash Entertainment immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Luzash Entertainment has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Luzash Entertainment has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). To the fullest extent permitted by law, Luzash Entertainment reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. (h) Network Access. When you access the Service through a mobile network, your network or roaming provider's messaging, data, and other rates and fees will apply. Downloading, installing, or using certain services may be prohibited or restricted by your network provider and not all features of the Service may work with your network provider or device. 3. RULES OF CONDUCT By using Luzash Entertainment's Service you agree NOT to (or solicit another user to): act or allow any behavior that violates the rules of the Third-Party Platform, provided that the access to the Service is made through such a platform; create an Account using a false identity or information, or on behalf of someone other than yourself; create an Account or use the Service if you are a convicted sex offender; have an Account or use the Service if you have previously been removed by Luzash Entertainment, or previously been banned from playing any Luzash Entertainment game; use your Account, the Site, or Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages (spim and spam) to anyone; use your Account or Service to engage in any illegal conduct; access another user's account without permission; use the Site or Service in any manner that violates any applicable laws or regulations or that is prohibited by these Terms; sell, buy, trade, or exploit for any commercial purposes (or attempt any of these actions), any part of the Services, including, but not limited to, Accounts, Virtual Currency, and Virtual Goods, other than in a manner stipulated in the Games; collect or harvest any information about other users; post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially, ethnically, or religiously insulting, discriminative, threatening, or hateful on the basis of gender or political views, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive material or conduct; discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor; use features of the Site or Service for anything other than their intended purpose; interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or through any Third-Party Platforms; decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service, including any Service available on or through Third-Party Platforms; engage in any other prohibited conduct; You further represent and warrant that (a) you are not located in a country that is subject to any governmental embargos (including and without limitation, under embargos issued by the US, EU, UK and Australia), or that has been designated by the any governmental authority as a "terrorist-supporting" country; and (b) you are not listed on any list of prohibited or restricted parties. Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your license, and may subject you to liability for violations of law. To the fullest extent permitted by law, Luzash Entertainment reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. In the event of a breach of any of the above, Luzash Entertainment will decide at its sole discretion what actions, if any, it will take, including terminating your Account, prohibiting you from using the Service, and/or informing the appropriate authorities. 4. VIRTUAL CURRENCY AND GOODS The Services may include the option to purchase, with "real world" money, a license to use (i) virtual, in-game currency ("Virtual Currency") as well as (ii) virtual, in-game goods ("Virtual Goods") by using legal tender. This can only be done if you are considered a legal adult in your country of residence. Virtual Currency and/or Virtual Goods may be purchased only via the Services and only in the manner stipulated in the Game through the Third-Party Account policies. Any Virtual Currency and/or Virtual Goods obtained by Users other than through the Service, may be deemed void or voidable by Luzash Entertainment, at its sole discretion. ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE DEEMED TO BE FINAL AND NON-REFUNDABLE, unless stated otherwise at our discretion. You will have no right or title to any Virtual Goods and/or Virtual Currency you acquire. Virtual Currency may only be redeemed toward the purchase of Virtual Goods or items. Virtual Currency and Virtual Goods are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash, bought in any other means other than via the Service, bought not in the manner stipulated in the Game, or applied to any other Account, except to the extent described herein, or as required by applicable law. Virtual Currency does not expire. Notwithstanding the foregoing, Luzash Entertainment has absolute control over all Virtual Currency and Virtual Goods and, to the fullest extent permitted by law, at any time has the right to change the value, modify, and/or eliminate any Virtual Currency and Virtual Goods as it sees fit and without any liability. Luzash Entertainment's obligation to you regarding purchased Virtual items will be deemed performed upon transfer of the Virtual Goods and/or Virtual Currency to your Account. NO REFUNDS WILL BE GIVEN BY LUZASH ENTERTAINMENT. The Virtual Currency and Virtual Goods have no real currency value, CANNOT BE REDEEMED FOR REAL MONEY, AND CAN ONLY BE USED WITHIN THE GAMES OFFERED BY LUZASH ENTERTAINMENT. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your Account is terminated or suspended for any reason, to the fullest extent permitted by law and at Luzash Entertainment's sole and absolute discretion, or if Luzash Entertainment discontinues its Games, you forfeit any and all Virtual Currency and Goods. Luzash Entertainment has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit at its sole discretion, and Luzash Entertainment shall have no liability to you or anyone for the exercise of such rights. 5. PAYMENT OF FEES Purchase of items on Mobile Devices or Third Party Platforms. All Payments for Service/s conducted via your Mobile Devices or through Third Party Platforms (including social network platforms such as via Facebook Pay) will be conducted and processed through and by the respective Third-Party Platform. The terms of use and payment of the Third-Party Platform shall apply in this regard, supplemented by these Terms of Use. Virtual Currency and Goods bought through the Third-Party Platform will be available on your User Account in any platform you are registered with your Account Registration ID. Taxes and other charges applicable. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Luzash Entertainment may revise the pricing for the goods and services offered through the Service at any time. Luzash Entertainment may also provide links to other websites or third-party services, some of which may charge separate fees, which are not included in any fees that you may pay to Luzash Entertainment. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Fees are non-refundable (please refer to Section 5). IF YOU ARE LOCATED IN THE US, YOU MAY BE SUBJECT TO ADDITIONAL TAXES INCLUDING SALES TAXES. WE MAY CHARGE YOU FOR THOSE TAXES, IN ADDITION TO ANY OTHER APPLICABLE FEES INCURRED. IF YOU ARE LOCATED IN THE EU OR UK, ALL FEES INCLUDE THE EU AND UK VAT TAX. THE VAT COLLECTED BY US OR BY THE THIRD-PARTY PLATFORM REFLECT THE VAT DUE ON THE VALUE OF ANY CONTENT OR SERVICES. 6. TERM AND TERMINATION (a) Term. The Terms commence on the date when you Accept them (as described in the preamble above) and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms. (b) Termination by you. If you want to terminate the Terms, you may do so by closing your Account and ceasing to use the Service. (c) Termination by us. We reserve the right to terminate or suspend your Account or access to any or all of the Games or Services at any time and for any reason. Where required by law we will provide you with prior reasonable notice. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms or any Applicable Law. We may also suspend the use of part of the Services in our sole discretion, including some of the interactive features within our Games (such as chats and instant messaging functionalities within the Games or other Online Services) in accordance with our policies and in the event of a breach of these Terms and the Rules of Conduct (section 4 above). (d) Effect of Termination. In the event that we terminate or suspend your Account, you will have no further access to your Account or any information or functionality associated with it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired during your use of the Games or the Service. Termination of any feature of the Service includes removal of access to such feature. Termination of the Service includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. To the fullest extent permitted by law, Luzash Entertainment will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. 7. DISPUTES BETWEEN USERS You are solely responsible for your interactions with other users of the Service. Luzash Entertainment may at any time intervene in disputes between you and other users, but is under no obligation to do so. Luzash Entertainment will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind. If you have a dispute with one or more users, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE LUZASH ENTERTAINMENT (and our officers, directors, agents, subsidiaries, joint ventures, and employees) FROM CLAIMS, DEMANDS, AND DAMAGES (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 8. DISCLAIMER OF WARRANTIES THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. You agree that your access and use of the Service shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, LUZASH ENTERTAINMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS. Luzash Entertainment makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and, to the fullest extent permitted by applicable law, assumes no liability or responsibility for any: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, Site, or Games; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the Service; any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service or Site by any third party; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service and/or Site. 9. LIMITATION OF LIABILITY LUZASH ENTERTAINMENT'S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS AND THE SERVICE, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID LUZASH ENTERTAINMENT IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY. UNDER NO CIRCUMSTANCES WILL LUZASH ENTERTAINMENT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, ANY OTHER LEGAL THEORY, OR WHETHER OR NOT LUZASH ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. If you are a user residing in the EU or UK, this does not limit Luzash Entertainment’s liability in the event of death or personal injury resulting from an act or omission by Luzash Entertainment. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Luzash Entertainment shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. 10. INDEMNIFICATION To the fullest extent permitted by law, you agree to indemnify and hold Luzash Entertainment, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the " Luzash Entertainment Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules, or regulations. Luzash Entertainment reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Luzash Entertainment in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Service. 11. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE You acknowledge and agree that all intellectual property rights in our Service and its underlying technology, and all information and content available on or through the Service (excluding User Content (as defined below) but including the characters, graphics, storylines, sounds, Virtual Currency, and Virtual Goods in the Games) are owned by us and/or our suppliers (including other users). You further acknowledge and agree that you shall have no ownership or other property interest in the Account, and that all rights in and to the Account are owned by us. The Service is protected by copyright laws throughout the world. Subject to your compliance with these Terms, and any other relevant Luzash Entertainment policies, Luzash Entertainment grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license (subject to the limitations set forth herein) to download, install, access, view, and/or use a copy of the Mobile Application on a single mobile device or computer that you own or control, solely for your personal non-commercial entertainment purposes. No other use of the Mobile Application is authorized. You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, sell, buy, or exploit the Service or its features or components in whole or in part without our prior written authorization. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system), and (ii) as permitted by the "Usage Rules" set forth in the Apple Media Services Terms and Conditions. You may not sell, copy, exchange, transfer, assign, or otherwise distribute anything you copy or buy from the Mobile Application, unless you are expressly permitted by Luzash Entertainment. We and our suppliers (including other users) reserve all rights not granted in these Terms. There are no implied licenses. All trademarks, logos, and service marks displayed on the Service ("Marks") are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks. 12. USER CONTENT (a) User Content. You agree that you are willingly publishing content on the Service using technology and tools provided by Luzash Entertainment. Any data, text, information, files, graphics, photographs, and their selection and arrangement (hereinafter "User Content"), uploaded, posted to, emailed, transmitted, or otherwise made available ("Make Available") through the Service are subject, whether in whole or in part, to unlimited commercial, non- commercial, and/or promotional use by Luzash Entertainment. (When User Content is Made Available by you, it becomes "Your Content"). You are solely responsible for Your Content. Thus, users are responsible, and Luzash Entertainment is not responsible, for any User Content users Make Available. Luzash Entertainment may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content Made Available via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. To the fullest extent permitted by law, you agree that Luzash Entertainment will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. Luzash Entertainment does not have the obligation to and will not monitor any User Content but has the right, in its discretion, to remove any User Content in case of a complaint. Where required by law, Luzash Entertainment will inform you before or after removing the User Content you published or uploaded. (b) Public Discourse. The Service may include various forums, blogs, and chat features ("Forums") where you can post User Content, including, but not limited to, your observations and comments on designated topics. Therefore, in addition to all other provisions of these Terms, it is specifically clarified that Luzash Entertainment cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not Make it Available on the Service. Luzash Entertainment shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk. (c) License to User Content. You hereby grant to Luzash Entertainment an irrevocable, transferable, non- exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Service, including marketing and promotions of the Service. This license is for the term of the protection of the rights licensed or, where permitted by law, perpetual. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner. YOU WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO UPLOAD ANY CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICE. (d) Ownership of Your Content. Luzash Entertainment does not claim any ownership rights in User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit Your Content. Luzash Entertainment has no obligation to monitor or enforce your intellectual property rights in or to Your Content. (e) Ownership of Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Service, including, but not limited to, the Virtual Goods or Currency appearing or originating in any Luzash Entertainment Game, whether earned in a Game or purchased from Luzash Entertainment, or any other attributes associated with an Account or stored on or in the Service. 13. ADDITIONAL TERMS RELATED TO THE MOBILE APPLICATIONS (a) App Stores. You acknowledge and agree that the availability of the Application and the Service is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that the Terms are between you and Luzash Entertainment and not with the App Store. Luzash Entertainment, not the App Store, is solely responsible for the Service, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them. (b) Additional License Terms for use of the Service in conjunction with the Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: You acknowledge and agree that (i) the Terms are concluded between you and Luzash Entertainment only, and not Apple, and (ii) Luzash Entertainment, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Luzash Entertainment and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Luzash Entertainment. To the fullest extent permitted by law, you and Luzash Entertainment acknowledge that, as between Luzash Entertainment and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Luzash Entertainment acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringe that third party's intellectual property rights, as between Luzash Entertainment and Apple, Luzash Entertainment, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and Luzash Entertainment acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other provisions of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. (c) Additional License Terms for use of the Service in conjunction with the Android App Store. The following additional terms and conditions apply with respect to any Mobile Application that Luzash Entertainment provides to you designed for use on an Android-powered mobile device (an "Android App"): You acknowledge that these Terms are between you and Luzash Entertainment only, and not with Google, Inc. ("Google"). Your use of Luzash Entertainment's Android App must comply with Google's then-current Google Play Terms of Services. Google is only a provider of the Google Play store where you obtained the Android App. Luzash Entertainment, and not Google, are solely responsible for Luzash Entertainment's Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Luzash Entertainment's Android App or these Terms. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Luzash Entertainment's Android App. 14. APPLICABLE LAW AND ARBITRATION AGREEMENT These Terms and any action related to these Terms will be governed by and interpreted under the laws of the French Republic. Notwithstanding the foregoing, if You are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to invoke the protection which is afforded to you by provisions of the law of the country you reside in that cannot be derogated from by agreement. You hereby agree to the binding Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Le Mans, France, for such purpose and you hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the courts of Le Mans, France. Notwithstanding the foregoing, if you are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the Russian Federation or in the European Union country in which you reside. 15. CONSUMER COMPLAINTS In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. If you are a resident of the European Union, you may report complaints to your local consumer protection authorities. 16. GENERAL These Terms together with our Privacy and Cookie Policy and our Arbitration Agreement constitute the entire agreement between you and Luzash Entertainment regarding your use of our Service (Site, Service, Mobile Applications, Games, and all related content), and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction. You may not use, export, import, or transfer the Service except as authorized by the laws of the United States of America, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by Luzash Entertainment are subject to the export control laws and regulations of the United States of America. You shall comply with these laws and regulations and shall not, without prior U.S. Government authorization, export, re-export, or transfer the Luzash Entertainment products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations. 17. CONTACT INFORMATION If you have any questions about these Terms, please contact our Support at contact@luzash.com. We will make every effort to resolve your concerns. Postal contact details are: SAS Luzash Entertainment, 3 Avenue Charles de Gaulle, 72300 Sablé-sur-Sarthe, FRANCE
PRIVACY AND COOKIE POLICY Effective Date: May 24, 2022 SAS Luzash Entertainment (“Luzash Entertainment” or “we”) is dedicated to protecting the privacy rights of our online users (“users” or “you”). This Online Privacy and Cookie Policy (the “Policy”) has been provided to inform you as to the ways we collect, store, use, and manage the information you provide in connection with any Luzash Entertainment website (collectively, the “Site”), or any Luzash Entertainment game or application (the Site, games and applications are, collectively, the “Service”). Please note that the scope of this Policy is limited only to information collected by Luzash Entertainment through use of the Site or Service. This Policy does not apply to the practices of third parties that Luzash Entertainment does not own or control. Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use available here, to which this Privacy Policy is incorporated by reference. Luzash Entertainment may provide additional product- or Service-specific privacy notices to be read in conjunction with this Privacy Policy. Luzash Entertainment offers its games also to users resident in jurisdictions across the world, including the European Union (“EU”), United Kingdom (“UK”), Switzerland and Brazil. Luzash Entertainment is the data controller for personal information collected from those users, insofar as this concept applies in those jurisdictions. In compliance with the EU General Data Protection Regulation (“GDPR”), we have appointed SAS Luzash Entertainment as our representative for GDPR purposes in the EU. Users who are resident in the EU may address questions relating to the way we collect, store, use and disclose their personal information either to Luzash Entertainment at the address identified below. In compliance with the UK Data Protection Act, we have appointed SAS Luzash Entertainment as our representative in the UK. Users who are residents in the UK may address questions relating to the way we collect, store, use and disclose their personal information to Luzash Entertainment at the address identified below. We will process your personal information in accordance with applicable law, including ensuring a valid legal basis for such processing if so required. Where applicable law requires consent to process your personal information, you hereby agree to such processing in the manner provided in this Policy and our Terms of Use. You are free not to use the Service. It is advised that you review this Policy regularly, as it may be amended from time to time as set out below (see Changes to this Policy). Information collection We collect information about you directly from you, from third parties, and automatically through your use of our Service. We may combine the information that we collect about you from these various sources. Information we collect directly from you We will also collect any information or categories of information that you provide to us through your use of our Service from the sources identified below. The types of personal information we collect may vary depending on your activity. Personal information may include identifiers such as: Your name; User identification number; Email address; Password. We will direct you to perform payment through one of the Payment Service Providers we work with. and we will not collect or store your financial data, (e.g., your credit card numbers or bank account). We may still however receive or collect Personal Information related to the Transaction, (such as your name, billing address, e-mail address, four last digits of a credit card, Transaction date, time and amount and transaction I.D.) in order to fulfil your purchase and for purposes as described in this Privacy Policy; in addition, Payment Service Providers may share information with us related to your purchases for purposes as described in this Privacy Policy. we may also retain this information to enable you to purchase additional items through our Service without having to re-enter it each time. We do not directly access or store your credit card information, and we will not use your payment information we collect except as needed to fulfill your purchase and/or communicate with you regarding your transaction. We are not responsible for any Payment Service Providers handling your transaction and you should refer to the Payment Service Provider’s privacy policy to see how they use your data, which is subject to their rules and policies. If you contact us via email (e.g., to contact customer support), we will collect your name and email address, as well as any other content included in the email, in order to send you a reply. We may use your personal information submitted in your communications to contact and respond to you. Additionally, we may acquire information from you through your access and participation in message boards on the Service. This information may include posts, comments, photos or screenshots, videos, ratings, and in-game messages. If you post content to our Service, such information may be available to other users of our Service (e.g., in-game messages will be available to the recipient of your message and if you upload a profile picture, your image may be available to all other users of our Service). If you post your own content on our Service, your posting may become public and Luzash Entertainment cannot prevent such information from being used in a manner that may violate this Policy, our Terms of Use, the law, or your personal privacy. Information we collect about you from third parties When you install any of the Services, we may collect and record the information you provide us voluntarily through a social networking website in accordance with their policies and terms. If you log into our Service using Facebook, you must enter your Facebook email address and password. We will ask that you grant us permission to access and collect your Facebook basic information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address) even if you have chosen not to make that information public. We also will access and collect any information you have set to public on your Facebook account. If you log into our Service using Google, you must enter your Google email address and password. By logging in through Google, you are granting us access to your Google profile information, which may include your name, location, email, birthday, and any demographic data. You may also be able to log into our Service using other third-party services, such as Mail.ru. We encourage you to read the privacy policies of third-party platforms that you use to log into your gaming accounts to understand how those third parties use and disclose your information. We have no control over how any third-party site uses or discloses the personal information it collects about you. Information we collect automatically about your use of our Service When you use the Service, we may record information regarding the use of the Service, including about your internet or other electronic network activity, and we may collect other information that is visible on your social network page in accordance with the relevant terms of use associated with that page. The Service will also record game play information such as your high scores or game session duration. When you invite new members into your network on the Service or send messages through the Service, we collect and maintain the information associated with those messages, including email address and content. If you use the Service on your mobile telephone or other mobile device, including iPads and tablets, we collect mobile device identifiers, including Media Access Control (MAC) address, and possibly IP address. In certain games we will create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as username, character name, general location (based on your Internet Protocol ("IP") address) or e-mail address. This information is useful to us for troubleshooting and helps us understand usage trends. Except as described in this Policy, we will not share this information with any third party. If you no longer wish to allow us to track or use this information, you may turn it off at the device level. Please note that the application may not work properly if we are unable to tell where you are coming from (country specific). In addition, we create a unique user ID to track your use of our Service. This unique user ID is stored in connection with your account information to track the Luzash Entertainment games you are playing. Please see the Cookies section below for more information about the information we automatically collect about you. Information use We need the above personal information for the purposes as described in this Policy, and not providing certain information may have an impact on our ability to provide you with the Service. Luzash Entertainment’s primary objective in collecting user information is to provide and enhance the Service and to enable users to easily navigate and enjoy the Service. In addition, we may use user information for the following purposes: Providing and improving our Services. To facilitate payments and communications between users; to provide and maintain the Service; to improve the Service; to develop new features, products, or services; to authenticate users; to perform technical operations, such as updating software; to validate our users and ensure their qualifications to use the Service; and for other customer service and support purposes. Marketing and communications. To communicate with you, including via email or push notification, about your account and use of the Service, including to send Service and product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, keep you and others informed of your in-game activity, and other information we think may interest you; and for other informational, marketing, or promotional purposes. For more information about opting out of certain communications, please see the “Your rights and choices in relation to your personal information” section below. Research and analytics. To analyze how you interact with the Service; to monitor and analyze usage and activity trends; and for other research, analytical, and statistical purposes. Protecting rights and interests. To protect the safety, rights, property, or security of Luzash Entertainment, the Service, any third party, or the general public; to detect, prevent or otherwise address fraud, security or technical issues; to prevent or stop activity which Luzash Entertainment, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Policy and our Terms of Use. Legal compliance. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority. Lawful Basis to Process in Certain Locations We collect, use, and otherwise process your personal information when we have a lawful basis, as follows: Contract Performance: we process your personal information to enter into an agreement with you and/or provide you with the service you request, pursuant to our Terms of Use; Legitimate Interest: We process your personal information when necessary for our legitimate business interests and when these interests do not outweigh your own rights and interests, and subject to your right of objection to: (i) improve our services and your gaming experience; (ii) ensure the security function, and integrity of our games; (iii) when permitted by law, send you newsletters, marketing emails and push notifications with the latest information on our products and company, as well as other advertising for our products; (iv) protect our rights and property, enforce our Terms of Use and legal notices and for the establishment, exercise and defense of legal claims; (v) conclude corporate transactions (e.g., corporate restructuring, sale or assignment of assets, merger); (vi) share your information with third party marketplaces and service providers for adverting purposes; (vii) otherwise support our business, operations, and services; (viii) enforce our Terms of Use; and (ix) prevent fraud illegal activity and/or any violation of our intellectual property rights. Legal Requirements: We collect and process your personal information to comply with our legal obligations, including any court order or binding decision; Consent: We ask you for consent to collect or process your personal information for purposes unrelated to those described in this Privacy Policy by first notifying you and, where required, offering you a choice as to whether or not we may use your personal information in this different manner. Where we rely on consent to process your personal information, applicable law may require that we obtain your explicit affirmative consent, and you may also have the right to withhold or later withdraw your consent. Where such requirements apply, we will obtain your consent and enable you to withhold or withdraw it accordingly. To the extent you provide information about friends and family members, you will present them this Privacy Policy and obtain their consent to provide the information. If you do not have their consent, do not send us their personal information. Cookies and Other Data Collection Tools Like many services, Luzash Entertainment uses server log files and automated data collection tools, such as cookies and web beacons, as well as mobile advertising Id’s, such as AdID and IDFA (collectively, “Data Collection Tools”) to enhance your experience when you access or use our Service. We tie the information gathered by these means to our customers’ personal information. These Data Collection Tools automatically track and collect certain technical information from your computer or device, such as your IP addresses, browser types, browser language, referring and exit pages, URLs, platform type, the number of clicks, domain names, landing pages, clickstream data, pages viewed and the order of those pages, the amount of time spent on particular pages, game information and the date and time of activity on our Service, and other similar information. In some cases, we will associate this technical information with your ID number for our internal use. By using our Service, you consent to our use of cookies, web beacons and Data Collection Tools. When you download or access the Services, we may ask permission to track your activity. If you ask the app not to track, we will not collect the advertising identifier associated with your device nor will we use information collected to deliver targeted advertising to you. We may still collect and/or use other information about your device to, among other things, analyze and measure marketing performance. If you initially consent to tracking, you may later disable that permission in your device settings or may withdraw your consent for specific apps. We use cookies, web beacons, and Data Collection Tools for a variety of reasons, including to: (i) analyze the usage of our Service; (ii) provide a more personalized experience; (iii) manage advertising; (iv) allow you to more easily login to our Service; (v) help make your use of our Service more efficient and more valuable by providing you with a customized experience and recognizing you when you return. We may also employ web beacons or other technologies for a variety of reasons such as: (i) allowing us to know if a certain page was visited or whether an email was opened; and (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation. You can set your web browser to warn you about attempts to place cookies on your computer, limit the type of cookies you allow or refuse cookies altogether. You may need to take additional steps to refuse or disable other types of technologies, such as Adobe Flash cookies. We invite you to visit the support websites of the various browsers you may use to learn on how to block the use of Data Collection Tools and to consult the settings on your mobile device for information about resetting mobile advertising IDs. However, you may not be able to use some or all of the features of the Service if you refuse/disable cookies or other Data Collection tools. Do not track disclosure Our Service does not respond to Do Not Track signals. For more information about Do Not Track signals, please click here. You also may opt out of certain interest-based advertising by following the instructions in the "Your rights and choices in relation to your personal information" section below. Third party services Please note that third party partners/providers, such as analytics companies or companies delivering advertisements in our games or on the Service, may also use cookies or other technologies, and those practices and providers are subject to their own policies. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the mobile application. Our Service may contain third party tracking tools from our service providers. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze user information on our behalf. The third parties may have access to information such as your device identifier, MAC address, geo-location information, and IP address for the purpose of providing their services under their respective privacy policies. This Policy does not cover the use of tracking tools from third parties. We do not have access or control over these third parties. The following are examples of the third parties that we use for analytics: Google Analytics Luzash Entertainment uses a tool called “Google Analytics” to collect information about use of this Service. Google Analytics collects information such as how often users visit this Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. Luzash Entertainment uses the information it gets from Google Analytics to understand Service usage and patterns and to improve its Service. Google Analytics collects only the IP address assigned to you on the date you visit a Service, rather than your name or other identifying information. Luzash Entertainment does not combine the information collected through the use of Google Analytics with other personal information. Google’s ability to use and share information collected by Google Analytics about your visits to our Service is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this Site by disabling cookies on your browser or mobile device. For more information about Google Analytics, please see the Google Privacy Policy. To prevent Google Analytics from using your data through a web browser, you can get the Google Analytics Opt-out Browser Add-on. Sharing of information with third parties Except as set forth in this Policy, Luzash Entertainment does not share your personal information with any third parties. In the event we offer services or promotions where your information is separately collected and used according to the privacy policy of a third party, we will inform you of that at the time of collection and you may elect not to participate in the service or promotion. Other Luzash Entertainment users. We will share your information with other Luzash Entertainment users to provide our Services. For example, if you post a profile picture, that picture may be available to all other users of our Services. Third parties for legal, fraud prevention, and security purposes. We also may share your information with third parties as required by legal or regulatory obligations; as requested by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability; or as Luzash Entertainment otherwise deems necessary to detect, prevent, or otherwise address fraud, security, technical issues, or other threats to Luzash Entertainment or others. Third-party service providers. We may share the categories of information listed above with third party companies that perform services on our behalf, including payment processing (e.g., Payment Service Providers), order fulfillment, data analysis, marketing services, email campaigns, hosting services, and customer service. While providing the services for us, these companies may access your personal information, and are required to use it solely as directed by us for the purpose of our requested service. Third-party partners to provide the Service. In conjunction with the running of our games we may partner with a third party to assist us in providing you with our Service. We will share the information you provide us through your social network, such as (1) your first and last name; (2) your profile picture or its URL; (3) your user identification number of the pertinent social network, which is linked to publicly available information such as name and profile picture; (4) the login email you provide to the pertinent social network upon registration; and (5) game play information with these third parties so they may facilitate the use of our Service as well as contact you about other games which may be of interest to you, service notifications and to solicit your feedback and input. If you do not wish to have this information shared please do not use our Service. If you wish to no longer have your personal information used by such partners you may contact us at contact@luzash.com and we will facilitate your request to the partner. Third parties in the context of a merger, acquisition, corporate transaction, or other legal process. We may disclose your information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer. Third parties for advertising purposes. We may use and share with third party advertisers (and other third parties) certain technical and personal information, and may allow advertisers to collect technical and personal information, which they may share with us, through the use of tracking technologies like cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by increasing the likelihood that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). Please see the your rights and choices in relation to your personal information section below for more information about opting out of behavioral advertising. Information about our users is an integral part of our business. We share your personal information only as described in this Policy. Luzash Entertainment does permit third parties to collect personal information through our Service and shares personal information with third parties for business purposes. These business purposes are described above and include providing advertising on our Service and elsewhere based on users’ online activities over time and across different sites, services, and devices (so-called “interest-based advertising”). While we provide you the choices described above in the “Cookies” and “Third Party Services” sections, we do not treat these relationships as “sales” of personal information where that concept is relevant under applicable law. The information practices of these third parties are also not covered by this Policy. International Transfers We may transfer your personal information outside your country of residence, including possibly to countries that do not provide a level of data protection equivalent to your country of residence. We implement appropriate safeguards to protect the personal information that we transfer in accordance with applicable data protection requirements. Where required by law, we put in place standard contractual clauses to protect your personal information. You can ask for a copy of such standard contractual clauses by sending an email request to contact@luzash.com. Specifically, for our users resident in the EU or UK, please note that Luzash Entertainment is located in France, a country that is deemed to provide an adequate level of data protection according to the European Commission or UK government, respectively. Where Luzash Entertainment onward transfers your personal information to a company located outside of France, the EU or the UK, we will take steps to ensure that your information is given a similar level of protection as that given in France, the EU or the UK. You have the right to request from us information about, including a copy of, the contractual safeguards Luzash Entertainment puts in place to achieve this. Data retention We will keep your information for as reasonably necessary for the purposes set out above in accordance with applicable law, generally no longer than 3 years from the date you stopped using our services. To determine the appropriate retention period, we will consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process the personal information and whether we can achieve such purposes through other means, as well as applicable legal and regulatory requirements. Protecting personal information We strive to protect personal information while it is under our control. If you have an account with us, your account information is accessible online only through the use of a password. To help protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You acknowledge that you provide your personal information at your own risk. You are also responsible for all uses of the Luzash Entertainment games and applications by any person using your password. Please advise us immediately if you believe your password has been compromised or misused. Security We have implemented technical, physical, managerial and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, please note that no system or network is 100% secure and we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use, disclose, or alter your personal information for improper purposes. To protect your privacy and security, we may take reasonable measures (such as requiring a unique password) to verify your identity before permitting you access to your account or the Service. Your rights and choices in relation to your personal information Accessing, correcting, or deleting your personal information Luzash Entertainment takes your privacy seriously and works in a transparent way. In that sense, upon providing sufficient identification (to protect others' privacy), you may have rights under applicable law to request information from us about the personal information we hold in relation to you and correct any inaccurate data we hold. Furthermore, depending on where you live, you may also have rights to change or request that we delete any personal information about you, such as by changing the applicable information found in your Luzash Entertainment account. However, if you decide to delete or anonymize your personal information, you may no longer have access to certain content (e.g. information of your game progress) and your account may become deactivated. In certain territories (including the EU, UK and Brazil), you also have a legal right to ask for a restriction of processing or to object to processing. You may also have the right to withdraw your consent, on the basis of which we process your personal information, at any time, by closing your account or otherwise clearly indicating your withdrawal of consent. However, this does not affect our lawful processing based on your consent before this withdrawal. Subject to applicable law, you also may have rights to request that we provide such information to you in a portable format, or to request additional information about how we collect or disclose your personal information. The rights that you have are subject to conditions and may not always be applicable. If you or an authorized agent wants to exercise any of these rights, please contact us at: contact@luzash.com. Subject to applicable law, you can freely exercise these rights and choices. We will not charge you different prices or provide different quality of services unless those differences are related to your information or otherwise permitted by law. Once we receive your request from you, we may verify it through your account or by requesting information sufficient to confirm your identity. Marketing communications Subject to applicable legal provisions, we may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Service you have requested or received from us. Push notifications We may occasionally send you push notifications through our mobile applications to send you game updates, high scores and other service related notifications that may be of importance to you. You may at any time opt out from receiving these types of communications by turning them off at the device level through your settings. Behavioral advertising Users in the United States may opt out of receiving interest-based advertising from many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org. Users in the European Union or United Kingdom may go the European Interactive Digital Advertising Alliance (“EDAA”) Your Online Choices website and select their country to learn more about interest-based advertising and how to opt out in their own country. For example, users in France may go to the Contrôler ses cookies website to opt out of certain third-party ad networks’ interest-based advertising and find additional information at www.youronlinechoices.com/fr. Opting out from one or more companies listed on the DAA Consumer Choice Page, the NAI Consumer Opt-Out Page, or through the various EDAA websites will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or App or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). If your browser is configured to reject cookies when you opt out on the DAA, NAI, and/or EDAA websites, your opt out may not be effective. Please note that if you use multiple devices you will have to opt out on each individual device. Links to other websites or applications Links from the Luzash Entertainment Service to third party websites or applications are provided for your convenience. In addition, content in the Service may be hosted by other websites or applications. Any personal information you provide on the linked pages or applications is provided to that third party and is subject to that third party's privacy policy, not ours. These other websites and applications maintain their own policies regarding cookies and the collection and use of personal information. We encourage you to review those policies yourself. Policy regarding Minors Generally, we direct our Services to a general audience, and we do not knowingly collect, solicit, or market personal information from children under 16 years old (or older, if required by applicable law), and do not wish to do so. We reserve the right to request proof of age (for example, we may request your month and year of birth) or parental or legal guardian consent at any time, and we may block users if we suspect they are under the applicable age. If we learn that a child under 16 years old is using the Services, we may block such use. If we become aware that personal information from a child has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you learn about any personal information we have collected from a child under age 16, please contact us immediately. We encourage all parents, guardians, and others of the age of legal majority to instruct children to never give out their real names, addresses, or other personal information without permission when using the Internet. Changes to this policy Luzash Entertainment may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. If we make changes in the way we use personal information, we will notify you, such as by posting an announcement on our Service or sending you an email to an email address that you may have provided to us. Material changes will take effect seven (7) days after such notice was provided on our Services or sent to you via email, whichever is the earlier; all other changes to this Privacy Policy are effective as of the stated “Last Revised” date. Where applicable law requires consent for the processing of your data under this Privacy Policy, your continued use of the Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the terms should be amended to comply with legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice. Questions or concerns & contact details If you have any questions or concerns regarding privacy at Luzash Entertainment, please contact us at: Email: contact@luzash.com. Postal address: SAS Luzash Entertainment, 3 Avenue Charles de Gaulle, 72300 Sablé-sur-Sarthe, FRANCE While we prefer that you contact us in case you have any issue or feel we do not respond adequately to your questions or concerns, please note that you have a right to lodge a complaint with your competent supervisory authority.
REFUND POLICY All purchases of Virtual Currency and Virtual Goods are deemed to be final and non-refundable, unless stated otherwise at our discretion. No guarantee of reimbursement is given or implied through the policies outlined herein. Luzash Entertainment will at no point provide cash refunds, though we may choose to reimburse users with game currency or virtual products at our sole discretion. Reimbursement for technical issues While we strive to provide a fun and stable environment for players to enjoy our games, technical issues may occasionally arise that may disrupt the game service. While we cannot prevent all such possible issues, the Support Team strives to help players who experience technical problems as quickly and efficiently as possible. If you experience a technical issue while you're playing and have sustained some game losses, you may contact our Support Team via the designated email address for that game to let us know what happened. Please provide any available screenshots along with a detailed description of your issue and your request. We will not process player claims without supporting documentation as definitive evidence for these cases. When we receive a request for reimbursement, a Support Team member will review your request, verify the details, and take the appropriate action at the sole discretion of the Support Team and Support Team Supervisor. The Support Team will investigate each case on a case-by-case basis at its discretion. Any compensation or recompense granted is case-specific and implies no obligatory action on similar cases. No Luzash Entertainment employee outside of our designated Support Team is authorized to reimburse you or appeal the team’s decisions. As a rule, reimbursements will not be given by Luzash Entertainment unless the Support Team is able to verify that the loss occurred due to a game irregularity outside of normal gameplay, primarily as the result of a documented bug or server error. All reimbursement requests must be sent within 2 weeks (14 days) from when the loss occurred to be considered for reimbursement. Any requests submitted after such time will not be considered. Issues which are NOT considered valid for reimbursement include, but are not limited to, the following: 1. Potential or theoretical gain. Only assets lost when already in possession of the player are eligible for reimbursement. 2. Any losses attributable to problems with a player's system (i.e. computer, Internet connection, etc.) or any system owned by a third party are not eligible for reimbursement. 3. Being banned from the game for violating the In-Game Policies. 4. Timing out as a result of inactivity on your computer. Spamming with petitions or emails requesting reimbursements or giving false information in an attempt to receive compensation are not permitted and may result in disciplinary action being taken against your account.
LUZASH ENTERTAINMENT - ARBITRATION AGREEMENT PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIAL. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Luzash Entertainment that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Luzash Entertainment, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Luzash Entertainment should be sent to: contact@luzash.com. After the Notice is received, you and Luzash Entertainment may attempt to resolve the claim or dispute informally. If you and Luzash Entertainment do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. Arbitration Rules. Arbitration shall be initiated through the Chambre Arbitrale Internationale de Paris (CAIP), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If CAIP is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The CAIP Rules governing the arbitration are available online at https://www.arbitrage.org/arbitrage/#REGLEMENT_ARBITRAGE. The arbitration shall be conducted by a single, neutral arbitrator. The seat of arbitration shall be Paris, FRANCE. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Time Limits. If you or Luzash Entertainment pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the CAIP Rules for the pertinent claim. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Luzash Entertainment, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the CAIP Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Luzash Entertainment. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Luzash Entertainment. Small Claims Court. Notwithstanding the foregoing, either you or Luzash Entertainment may bring an individual action in small claims court. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Luzash Entertainment in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LUZASH ENTERTAINMENT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
