TERMS OF USE

of 8K Games Limited

Terms of Use

 
Last modified on: 20.12.2021
Hello,

These Terms of Use (‘Terms’) constitute a legally binding contract between you as a user (‘User’ or ‘you’) of our Services as prescribed below, and us, 8K GAMES LIMITED, registered under the laws of the Republic of Cyprus and located at Pikionis 10, 3075, Limassol, Cyprus, registration number HE413229 (‘we’, ‘Company’, ‘us’) as the owner of the Services.

The Services include the website http://8k-games.com/ and the pages related to it (‘Website’), along with the applications belonging to the Company and placed on the Google Play and/or App Store, including Nile ValleyFishing Rival, … (‘Apps’), hereinafter collectively referred to as the ‘Services’.

The Terms govern your rights and duties concerning your use of the Services we provide via the Website and the Apps. Please read these Terms carefully before using our Services. By accessing our Services or by filling in the respective forms, you agree to be bound by the Terms. If you do not agree to be bound by the Terms, please do not use the Services.

Should you have any questions regarding the use of the Website or the Apps, these Terms or any other services provided by us, please drop us a line at support@8k-games.com.

Your use of the Services
Eligibility. The Services are intended for people of different age and are mostly based on a free-to-play basis. You confirm that you have reached the legal age and you agree to be bound by the Terms. If you are a minor, it is necessary that your parents or guardians look through these Terms and give their consent on your usage of the Services. It is especially important in case you would like to buy some of our paid Services.

You can solely accept the Terms and use the Services, if you are at least at the age of:

  • from 13 to 16 years – if your place of residence is one of the countries-members of the EU. The exact number depends on the particular country;
  • 16 years – if your place of residence is USA;
  • 15 years – if your place of residence is Australia;
  • 18 years – if your place of residence is India or Philippines;
  • the age of full capacity in your country, if it is not listed above.

If you are under the age indicated above, your parents or guardians shall undertake all the consequences resulting from your acceptance of the Terms. You guarantee that your legal guardian has read, understood and agreed to these Terms.

Privacy. The Company is aimed to protect your privacy. To find out how we collect and process your personal data, and what are your rights regarding your personal data, please see our Privacy Policy and Cookies Policy.
Description of the Services
a. General provisions
Registration. You do not need to register a separate account to use our Services. Nevertheless, you can authorize in the Apps by using your Google Play Games account for Android devices or GameKit for IOS devices. It will allow you to preserve your game achievements within the Apps despite the possible deletion of the App or in case you wish to install it on another device. You can also authorize through your account on third-party services, such as Facebook or Apple i-Cloud . In all such cases, the services will share with us some data about you so we can identify you properly. To discover what data and for what reasons we receive, visit our Privacy Policy.

You can connect these services to your activities in the Apps at any time in the Settings section of the App.

Tech requirements. To use the Apps, you will need a device that meets the system and compatibility requirements for the relevant content, working Internet access, and compatible software. We are not responsible for the Apps’ malfunctions, if they are caused due to the inadequacy of your device, Internet connection or software.

Removal of the Apps. After the removal of the App all your data within the App also will be deleted, unless it is synchronized with your Google Play Games account (for Android devices) or GameKit account (for IOS devices). The data about your game activity excluding personal data can be stored after your removal of the App, since we can periodically perform the back-ups of such data in order to reduce the risks of its destruction. To find out how to delete the information about your game activity within the App, please visit the Google Privacy Policy or GameKit Privacy Policy.

Updates. The Company reserves the right to update the Services in any way at its sole discretion. These Terms will also apply to any updates, enhancements, and new features on the Services not expressly mentioned hereunder and implemented after these Terms became effect. If the new features substantially change your position as a user, we will explicitly notify you about such features.

Disclaimers as to the Liability for the User Account. You must immediately notify us if you know or have any reason to suspect that your credentials for synchronization or payment methods have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of the App on your behalf. You are solely responsible for all and any activities conducted through your devices.

We highly recommend you not to place within the Apps any of your sensitive personal data (for example, in your nickname or otherwise). We will not be responsible for any harm caused due to the fact that you have provided us with extra information at your own discretion.
b. The Website
Our Website is the online platform which was mainly designed for information, communicating and user support purposes. You can find the list of our projects, the links to our other social media, our address and e-mail on the Website.
c. The ‘Nile Valley’ Application
Nile Valley is a free-to-play mobile farm game available both on Google Play and App Store. Nile Valley is a single-played game and the only ways of interacting with other people is exchanging the resources with other players and being placed on the top-players board.

You can collect different types of the resources, exchange them with other players. Most of the gaming process is free of charge, except of the following cases:

  • the possibility to buy a special currency that allows you to obtain the renewable resource ‘Energy’ and other game resources;
  • the possibility to boost the time of production of special buildings or other resources inside of them.

You can also watch some ads to gain additional game resources that can help you to move through the game plot.

You can learn more about prices in the relevant section of the App.
d. The ‘Fishing Rival’ Application
Fishing Rival is a free-to-play mobile fishing simulator game available both on Google Play and App Store. Fishing Rival is single-played game and there is no ways of interacting with other people. ‘Duels’ mode only emulates real player-vs-player experience is game.

You can collect different types of the resources like lure cards, boosters, but without the ability to exchange them with other players. Most of the gaming process is free of charge, however, there is the possibility to buy a special currency that allows you to speed up the ‘Chest’ opening, buy ‘Packs’, ‘Boosters’ in order to get game resources

You can also watch some ads to gain additional game resources that can help you to move through the game plot.

You can learn more about prices in the relevant section of the App.
Payments and refunds
This section of the Terms applies only to those Services that you can get for an additional fee in contrast to most of the Services that are free to use.

When you make the in-App purchases you enter into a separate contract with the Company based on these Terms (as applicable). Your contract for the purchase and use of the paid Services is completed once you receive the email from Google Play or App Store confirming your purchase of those Services, and performance of this contract begins as soon as the purchase is complete. The Services will become available for you only after the payment is made in full.

Please pay attention that you cannot make any purchases through the Website. All the payment processes are to be done via intermediary payment services within the Apps.

Payments via the intermediary. Please take into account that all payments are carried out by the intermediary services and not the Company itself. The payment occurs with the usage of one of two payment methods depending on your device operational system: Google payments for Android devices and App Store payments for IOS devices.

We recommend that you carefully read the terms of service provision of the selected financial intermediary, as well as its privacy policies. Please pay attention that your relations with such financial intermediaries are governed by a separate agreement.

The identification of the user necessary to conclude the contract and make the purchase is conducted by the intermediary service.

You should bear all costs charged by your bank (or financial intermediary) as may be necessary to enable the respective transaction. After each successful payment you will receive a receipt.

Prices and taxes. The prices of the Serviced are specified inside of the Apps. The prices do not include the amount of applicable taxes you should pay when buying the Services in accordance with the applicable laws of your country.

In case you are purchasing the Services in Australia, we put the prices on a few different places (e.g. within the App and on our social media accounts), we shall sell the Services for the lowest price. If the price within the App is higher, please let us know via the email address or application form placed in the App.

Amendments. We may change the prices for our Services and the scope of them from time to time. However, any price changes will apply no earlier than 14 days following notice to you.

Refunds and Withdrawal. Generally, if you are a resident of the European Union and buy the Services, you are entitled to cancel the purchase within 14 days of the date you made the order (‘Withdrawal Period’). However, this right will not apply where the user accesses and uses the Services in any way before the end of the Withdrawal Period, even if only some part of the Services package were used (e.g. few diamonds from a pack).

We are also not generally obliged to make a refund when:

  • your request is based on your mistake; or
  • you lack the expertise to use our Services; or
  • you have changed your mind regarding the use of the Services, or
  • you have breached these Terms.

Please notice that if you buy some of the paid Services and decide to delete the App, you won’t be able to get a refund.
Prohibited Conduct
By using the Services, you agree not to:

  • Use the Services in any unlawful manner, in particular, by violating the rights of the others;
  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
  • Deceive the other players while intersect with them;
  • Solicit or attempt to solicit any login credentials or personal information from other users of the Services or any the Company game;
  • Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services’
  • Commercially exploit the materials on the Website or the Apps (as indicated above) in any way, including, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way;
  • Modify or cause to be modified any files that are a part of the Services without the Company’s express written consent;
  • Upload any viruses or malicious code or do anything else that will negatively affect the Website or the Apps, impair their functionality or compromise the data of the Company;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services or any of the Company’s Apps, or to obtain any information from the Services or any of the Company’s Apps using any method not expressly permitted by the Company;
  • Perform acts aimed at breach of normal functioning of the Services or leading to the violation of applicable laws, both using software and through your direct acts within the Services, or perform any other illegal acts;
  • Facilitate or support any of the actions described above.

The specific rules apply to your usage of the Apps. In addition to the above restrictions, you cannot:

  • use the Apps as a part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided;
  • use the Apps for attempting to, or assisting, authorizing or encouraging others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to the Apps;
  • remove any watermarks, labels or other legal or proprietary notices included in the Apps, or attempt to modify the App obtained through Google Play or App Store, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Apps;
  • access the Services using any means other than the interface provided by us unless you have been specifically allowed to do so in a separate agreement with the Company. You expressly agree not to access the Services through any automated means (including use of scripts, crawlers or similar technologies from time to time).

You can read the whole lists of Google Play and Apple Store restrictions under these links:

The content displayed by you when publishing the reviews or “let’s plays” on the Services, or when sending messages to the Company etc. shall not contain any of the following types of content:

  • Content that infringes a third party’s rights (e.g., copyright) according to applicable law;
  • Excessively profane content;
  • Hate-related or violent content;
  • Content advocating racial or ethnic intolerance;
  • Content intended to advocate or advance computer hacking or cracking;
  • Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
  • Drug paraphernalia;
  • Phishing;
  • Malicious content;
  • Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
Intellectual property
Company’s Content. The Services are owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (‘Materials’) provided by the Company are protected by intellectual property and other laws. All Materials included in the Website and the Apps are the property of the Company or its third-party licensors. Except as expressly authorized by the Company, you may not use the Materials. The Company reserves all rights to the Materials not granted expressly in these Terms.

Company’s License. The Company grants you a non-transferable, non-exclusive, revocable, worldwide, limited license to access and use the Services in the ways described in these Terms (‘Company’s License’). The Company grants the Company’s License for the term of the Services using.

For clarity, the permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.
Back-ups
In certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a specific date and time when we may have backed up data for our own purposes, but not later than 3 days after removal of the App by you. We make no guarantee that the data you need will 100% be available.
Third-Party Links
You may have an opportunity to leave the Services via the links to third-party websites and services. For instance, we may provide you with links to our profiles in social media.

Such third-party links are not under the control of the Company, and the Company is not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by the Company of such third-party websites.

You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any of the third-party links, the applicable third party’s terms and policies apply, including conditions of the third party’s privacy practices. We recommend you reading any such terms and policies carefully before using the respective third-party website.
Disclaimers and Limitations of Liability
No provisions of these Terms will prejudice the statutory rights that you may have as a consumer of the Services. The laws of some countries and jurisdictions do not allow the exclusion of some kinds of warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

Disclaimer as to the warranties on the Apps’ operation.

You use the Services at your own risk and subject to the disclaimers set in these Terms. The Services are provided on an “as-is” and “as available” basis. This means that we cannot (and we do not) make the warranty that the Services will be uninterrupted, timely, or error-free. We shall not be obliged to ensure the operation of the Services on all platforms, for all devices or under certain specific conditions.

The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.

Despite the stated above, the Services shall be provided within a reasonable time and fit for any purposes specified within the Apps or those that follow from the Apps context.

Disclaimer as to the warranties regarding the damages that may be caused to you.

To the maximum extent permitted by the law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits) arising out of or in any way related to the use of or inability to use the Services, or otherwise under or in connection with any provision of these Terms, even in the event of strict liability. This limitation should apply even if the Company has been advised of the possibility of such damages.

We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, workmanlike performance and lack of negligence as regards our Services. In addition, there is no warranty or condition as to the correspondence to description.


Disclaimer as to the claims of third parties in concern of you breaches of the Terms.

The Company shall immediately inform you in case of any claims or actions brought against the Company concerning:

(a) your unauthorized use of, or misuse of, the Services;
(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
(d) personal data; or
(e) any dispute or issue between you and any third party.

All costs and expenses related to settlement of the specified claims, actions and/or legal proceedings shall be borne by you. You shall assume the obligation to compensate in full the costs of all expenses incurred by the Company due to occurrence of the circumstances specified herein.
Amendments
The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check this Agreement periodically for changes. If you continue to use the Services after such amendments are made, you will be considered as having accepted all of them, unless there is an obligation imposed on the Company by the applicable law to obtain your explicit consent to the amendments. If the changes are substantial, we will notify you about them. The Company solely defines what changes should be considered as substantial.
Applicable Law and Dispute Resolution
By visiting the Website or using the App, you agree that the laws of the Republic of Cyprus will govern these Terms and any dispute of any sort that might arise between you and the Company.

All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of the Company at support@8k-games.com shall be the effective and binding method of communication. If the dispute cannot be resolved through negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of the Republic of Cyprus, unless otherwise required by the applicable law.
Termination of these Terms
These Terms shall be valid until the provision of the Services is terminated either by you or us.

As a result of the termination of these Terms, you can lose your any benefits, earned or purchased virtual items associated with your use of the Services, and the Company is under no obligation to compensate you for any such losses or results.

Termination by you.

You can terminate these Terms at any time and for any reason by deleting the App(s) of the Company from your device.

Termination by the Company.

Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Services in case of your breach of the Terms, or any of the obligation under these Terms or applicable laws, or if we believe that you have committed fraud, negligence or other misconduct.

The Company also reserves the right to stop supporting the Services or part of them at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, the Company shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
Contact Information
Company name: 8K GAMES LIMITED
Pikionis 10, 3075, Limassol
The Republic of Cyprus

Email: support@8k-games.com
Phone number: +357 99 448922