LICENSE / TERMS OF USE AGREEMENT
1. TERMS USED IN THIS AGREEMENT
1.1. The game is an interactive online computer game "NanoCraft", which is a computer program aggregating data, commands and audiovisual displays generated by it (hereinafter referred to as “data and commands”), sequentially activated to obtain a certain result provided by the Game scenario, without paying (activated data and commands) or after the payment is made (inactive data and commands). The rights to use data and commands (activated and non-activated) are transferred by the Licensor to the Licensee under the conditions defined by this Agreement.
To ensure the rights and obligations of the parties according to the Agreement, the Player reproduces a set of data and commands predefined by the Administration on their computer (the ‘client part of the Game’, if the client part of the Game is stipulated by the functionality), while a set of other data and commands (including inactive ones) or all data and commands in the absence of the client part of the Game are placed by the Administration on the servers operated by Administration.
1.2. Internet site of the Game — the Internet site located at http://neverwind.online, which provides the Player with access to the resources of the Administration, including for the use of the Game by the Player. The Player places the information required by the Administration on the Game's website.
1.3. Game resources (Resources) — all servers, any software and/or databases related to the Game, including in the domain http://neverwind.online and its subdomains.
1.4. Administration is a team of developers that grants the right to use the Game.
1.5. Player is an individual who has the necessary legal capacity to conclude this Agreement, who, in accordance with this Agreement, has the right to use the Game within the limits provided in this Agreement. The Player is a Party to this Agreement.
1.6. Player Account (Account) — a Player account created at the time of registration in the Game, allowing the Administration to take into account each Player and provide them an opportunity to log in (gain access) using a unique login and password.
1.7. Transfer of rights to use the Game — rights granted by the Administration to the Player to use the Game under the terms of a simple non-exclusive license, specified in order to this Agreement.
1.8. Rights to non-activated data and commands - rights acquired by the Player for a fee, allowing them to increase the number of in-game items. In-game items - in-game valuables, including the in-game currency "Platinum".
1.9. Remuneration — the Administration's fee for granting the Player the rights to use the inactive data and commands within the limits established by this Agreement. The amount of remuneration is determined by the Administration, and depends on the amount of inactive data and commands, the right to use which is transferred to the Player. Information about the Remuneration is posted by the Administration at http://neverwind.online.
1.10. The client part of the Game is the software required for the Player in order to participate in the Game which is to be installed on the Player's computer. The client part of the Game is to be installed by the Player separately on a personal computer. Client part of the Game can be distributed by the Administration and/or its authorized persons, both via the Internet and on tangible media devices. The Client part of the Game distributed on the Internet is provided to the Player free of charge, with the right to reproduce, unless otherwise provided by this Agreement. Copies of the Client part of the Game distributed on tangible media devices can be provided to the Player for a fee.
1.11. License Agreement — the text of this Agreement concluded between the Administration and the Player, containing all necessary and essential terms of the License Agreement granting the rights to use the Game as a computer program. The Appendices to this Agreement are its integral part as well as are the Rules of the Game, the Rules of the Forum and other documents referred to in this Agreement.
1.12. Rules of the Game (Rules) — the rules regulating the Player's use of the Game, restrictions on Player’s actions in relation to the Game. The rules of the Game can be changed by the Administration in at any time without prior notice to the Player. The Administration notifies the Player bout such changes by posting information on the Game's website. The Player's use of the Game after changing the Rules of the Game is recognized as their consent to such changes. 
1.13. Forum Rules — the rules regulating the rules of Player’s behavior on the official forum intended for discussing the Game ("Forum") and the restrictions on Player’s actions on the Forum. The rules of the Forum can be changed by the Administration at any time without prior notice to the Player. The Administration notifies the Player about such changes by posting information on the Game's website. Using the Forum in any way after changing the Rules of the Forum is recognized as their consent to such changes.
2. CONDITIONS OF ACCESSION TO THIS AGREEMENT
2.1. Before using the Game, the Player must familiarize themselves with this The Agreement and Privacy & Cookie Policy, as well as with all the Rules and other documents applicable to the Game, which are freely available on the account registration page.
2.2. After filling in the required fields and reading the Agreement, the Player joins (accepts) this Agreement by clicking the "Register" following which the Player becomes obligated to comply with the terms Agreements, including the Rules applicable to the Game. Actual usage The Game is also an acceptance of this Agreement.
2.3. A person who has logged in to the Game is considered a proper user of the account, access to the use and management of which was obtained as a result of account registration, unless there is information confirming otherwise.
3. SUBJECT OF THE AGREEMENT
3.1. Under this Agreement and subject to the Player's compliance with its relevant conditions, the Administration grants the Player, on the terms of a simple non-exclusive license, the rights to use the Game within the limits defined by this Agreement.
3.2. By registering their phone number in the Game account, the Player agrees to receive SMS messages of an informational nature from the administration regarding the Game. At the same time, the Player in the account is given the opportunity to configure the receipt of such SMS messages.
3.3. The Player receives the right to use activated and non-activated data and commands under the terms of this Agreement.
3.4. The Administration's obligation to grant the rights to use non-activated data and commands is considered fulfilled by the Administration at the moment when it reflects in-game values in the form of "Platinum" on the Player's personal account in the Game. From this moment on, the Player receives the rights to use the volume of inactive data and commands corresponding to the number of in-game values in the form of "Platinum", under the terms of this Agreement.
3.5. The correspondence of the volume of inactive data and commands to the number of in-game values in the form of " Platinum " is determined by the Administration. The correspondence of the amount of remuneration to the number of in-game values in the form of "Platinum" is determined by the Administration.
3.6. Payment of Remuneration is not a necessary condition for the Player's participation in The game and is carried out at the request of the Player.
4. USE OF THE GAME LIMITS
4.1. The Player has the right to use the Game in the following ways:
4.1.1. Launch the Client part of the Game by installing it on a computer in order to participate in the Game;
4.1.2. Use the activated data and commands to achieve the result determined by the scenario of the Game; 
4.1.3. Activate non-activated data and commands after paying the Administration Fee and use them to obtain the opportunity to achieve the result determined by the Game scenario more quickly than if using the right determined in clause 4.1.2;
4.1.4. Make changes to the personal settings of the Game as provided by the Game developer.
4.2. The Player may not:
4.2.1. Distribute the Client part of the Game or copies of the Game for commercial or noncommercial purposes either by transferring it on tangible media devices or by posting on the Internet for downloading the Game by certain persons or unlimited number of persons;
4.2.2. Translate the Game into other languages;
4.2.3. Distribute the Game’s audiovisual displays for commercial purposes outside the Game;
4.2.4. Distribute the right to use non-activated data and commands provided to the Player for Remuneration, game characters, game account and other objects not expressly permitted by the terms of this License Agreement for commercial or non-commercial purposes and transfer to third parties as well as disseminate information about intentions to commit such actions;
4.2.5. Transfer the rights granted to the Player to use the Game, as defined in Article 1 of this License Agreement, to other Players or third parties by entering into a sublicense agreement or otherwise;
4.2.6. Use the Game in ways not stipulated by this License Agreement, the Rules of the Game and the other ways outside of the general gameplay process.
5. OBLIGATIONS OF THE ADMINISTRATION
5.1 The Administration undertakes the following obligations:
5.1.1. Provide the Player with the rights to use the Game according to the conditions of this License Agreement;
5.1.2. Notify the Player by publishing information on the Game's website about changes to the terms of this license Agreement; 
5.1.3. Grant the Player the right to use activated data and commands free of charge via the Internet from the Game's website, if hereby The Agreement does not provide otherwise;
5.1.4. Grant the Player the right to use inactive data and commands after paying the Administration Fee.
6. ADMINISTRATION RIGHTS
6.1. The Administration has the following rights:
6.1.1. Unilaterally restrict, expand, and change the content of the Game as a computer program without prior notice to the Player at any time;
6.1.2. Suspend or modify the Game as a computer program, change the terms of the licensing without prior notice to the Player;
6.1.3. Change and delete at any time any information posted by the Player on the Administration's Resources, including statements and announcements of the Player;
6.1.4. Suspend, restrict and/or terminate at any time this License Agreement unilaterally with respect to the Game as a computer program for any or all Players, including the case of Player's failure to comply with the terms of this License Agreement or the Rules of the Game; 
6.1.5. Install and store information about the Player's IP addresses and use technical information files (cookies) placed on the Player's personal computer in order to collect statistical data and identify the Player;
6.1.6. Send related to the Game informational or technical messages to Players;
6.1.7. Warn, notify, inform the Players at any time about their non-compliance with the licensing conditions, as well as the Rules Games, or other terms of this Agreement;
6.1.8. Change, supplement, and modify the Game and any of its parts, including the Client part of the Game, without any prior notice to the Player at any time;
6.1.9. Take any measures not prohibited by law to protect their own rights in relation to the Game.
7. LIMITATION OF THE ADMINISTRATION'S LIABILITY
7.1. The Player uses the Resources of the Administration, the Game, including the Client part of the Game (if any), at their own risk. 
7.2. The Licensor is not responsible for any possible illegal actions of The Player or third parties.
7.3. The Administration is not responsible for the Player's lack of access to Internet as well as for the quality of Internet communication services providers with whom the Player has concluded agreements on the provision of Internet access services.
7.4. The Administration does not reimburse the Player for the costs associated with the Remuneration payment made by the Player, including the case of suspension or termination of this Agreement for any reasons, unless otherwise expressly provided by applicable law.
7.5. The Administration does not guarantee that:
7.5.1. The game will satisfy the subjective requirements and expectations of the Player;
7.5.2. The use of the Game will proceed continuously, quickly, reliably, without technical failures and/or  any errors;
7.5.3. The results that may be achieved by using the Game will be error-free;
7.5.4. The game as a computer program will meet any expectations of the Player;
7.5.5. The game will be available and can be used 24/7 at any particular time or for any period of time.
7.6. The Administration is not responsible for any direct or indirect damage to the Player or other third parties caused as a result of:
7.6.1. The use or inability to use the Resources of the Administration;
7.6.2. Unauthorized access of any third parties to The Player's account personal information, including the Player's account and the Player's personal account in the Game;
7.6.3. Statements or behavior of any third party on the Resources of the Administration.
7.7. Under any circumstances, the Administration's liability to the Player is limited to the amount of 10 (ten) GBP, unless otherwise expressly provided by applicable law.
7.8. The Administration is not obliged to provide the Player with any evidence, documents and other evidence of the Player’s terms of the Agreement violation, as a result of which this Licensed Agreement was suspended or terminated.
7.9. The Administration understands, accepts and agrees that the Game may provide various sound and/ or video effects that, under certain circumstances, may cause the exacerbation of deceases related to the  epileptic or other nervous disorders and the Player guarantees that they do not suffer from these disorders, or undertake Do not use the game.
7.10. The Player accepts and agrees that any regular/prolonged (continuous) use of a personal computer can cause various complications of the physical health, including impaired vision, scoliosis, various forms of neuroses and other negative effects on the body. The Player guarantees that they will use the Game exclusively for a reasonable time, with breaks for rest or other measures to prevent physical condition problems, if such are recommended or prescribed to the Player.
8. PLAYER'S RESPONSIBILITIES
8.1. The Player must:
8.1.1. Comply with the terms of this License Agreement, including the Rules of the Game, without any restrictions;
8.1.2. Indicate reliable information while registering on the Resources of the Administration;
8.1.3. Not exceed the limits of use of the Game set out in Section 2 of this Agreement;
8.1.4. Not violate the rights of the Administration in relation to the Game and / or any constituent parts of the Resources of the Administration in any way. The Player has no right to copy, broadcast, distribute, publish, and reproduce any materials (text, graphics, audio/video) that are part of Game resources without the written consent of the Administration; 
8.1.5. Independently take any measures to ensure the security of their accounts in the Game and prevent unauthorized use of these accounts by third parties;
8.1.6. Follow the instructions given by the Administration to a Player or a group of Players in the process of using the Game, in the users support center, in the news section of the Game's website and on the Administration forum. If the Player fails to comply with such instructions, the Administration has the right to suspend, restrict and terminate the Player’s rights to use the Game; 
8.1.7. Confirm their personal data, including first and last name, patronymic name and other data at the request of the Administration in connection with the conclusion and execution of this License Agreement;
8.1.8. Comply with other requirements and fulfill other obligations stipulated by this Agreement and the Rules of the Game.
8.2. The Player guarantees that they have all the necessary authority to conclude this License Agreement. If the Player has not reached the age of majority (18 years) or has become completely incapacitated due to another circumstances stipulated by the current legislation, they are obliged to independently obtain the necessary permission in the form required by law from their parents or other legal representatives.
8.3. Other obligations of the Player are provided in the Rules of the Game, as well as in the section 7 of this Agreement.
9. RIGHTS TO USE INACTIVE DATA AND COMMANDS
9.1. This section of the License Agreement regulates the procedure and conditions for the Administration to grant the Player the rights to use non-activated data and commands.
9.2. The Administration grants the Player the right to use non-activated data and commands at the request of the Player. The right to use non-activated data and commands is granted to the Player on a paid basis (for Remuneration) on the terms of a simple non-exclusive license. The Player gets the rights to use the non-activated data and commands after they make the Remuneration payment, stipulated by the License Agreement, which appears as in-game valuables in the form of " Platinum" in the Player’s personal account. 
The right to use non-activated data and commands is granted to the Player for the duration of this Agreement, unless such right has been terminated earlier, including in connection with the implementation of the Game scenario.
The amount of Remuneration may be changed unilaterally by the Administration at any time without prior notice to the Player. The player is aware of, that during the use of the Game, the Administration has the right to refuse the Player in using the rights, including the right to use non-activated data and commands, for any reason, and this does not give the Player a reason to demand from the Administration a refund of previously paid Remuneration, unless otherwise expressly provided by applicable law. 
9.3. While registering to use the Game, the Player automatically starts the Player's personal account, which is linked directly to the Player's account.
9.4. The procedure for replenishing the personal account, as well as the methods and conditions for depositing Rewards through payment systems are published by the Administration on the Game's website: http://neverwind.online. The transfer of funds is carried out by the player via the supported payment systems to the settlement account Administration. The list of payment systems available for payment is given at The Administration's website. The main provisions of the Agreement on Payment Methods and Conditions are also applicable to Subscription payments (if any).
9.5. While paying the Player undertakes to follow the payment instructions on the order and methods of payment, including the rules of entry messages and numbers of short text messages (SMS), including the order of entering uppercase and lowercase letters, numbers and the input language. The Administration is not responsible for the correctness of the Player's fulfillment of the payment conditions.
Regarding the rules and procedure for using payment systems to replenish the personal account, the Player should contact legal entities — holders of such payment systems. The Administration does not give the Player explanations on issues related to the rules and procedure for using such payment methods and also does not pay the Player compensation of funds paid as a license fee for the right to use non-activated data and commands through payment systems, if such payments were made in violation of the rules established by payment systems, as a result of which the funds were not received by the Player.
9.6. Before receiving confirmation of payment of Remuneration, the Administration has the right not to grant the Player the right to use inactive data and commands, or to grant such a right to a limited extent.
9.7. In the event that, as a result of a technical error, a malfunction of the Game, conscious actions of the Player, they received the opportunity to use inactive data and commands not in accordance with the procedure established by this Agreement, the Player undertakes to inform the Administration about this fact and pay The Administration is rewarded, or eliminate all the consequences of the misuse of inactive data and commands. The Administration has the right to eliminate such consequences independently without notifying the Player.
9.8. The Player is obliged to keep the documents confirming the payment of Remuneration in during the entire time the Player uses the Game, and at the request of the Administration to provide them with such documents, as well as information about the circumstances of making such a payment by the Player.
9.9. The Player is obliged to monitor the status of their personal account independently.
9.10. The exclusive right to distribute and use the Game belongs to the Administration, in connection with which no third-party offers to grant the right to use non-activated data and commands can be regarded by the Player as suggestions coming from the Administration. In case of controversial, unclear situations, or sending the Player any offers from third parties related to the payment of Remuneration for the right to use inactive data and commands, or posting such ads and offers on the Internet, with the exception of Resources of the Administration and placed on behalf of the Administration, the Player is obliged to immediately notify the Administration of this.
In the event that the Player, in violation of this provision, has made a payment for the specified ad using the details specified in such in the announcement, the Player's claims to the Administration regarding the Player's lack of the right to use non-activated data and commands are not accepted, and the Administration does not compensate the Player for the funds spent by the Player under such circumstances.
9.11. If the Administration determines that the Player gets the opportunity to use non-activated data and commands from third parties, The Administration has the right, at its discretion, to either suspend or limit the validity of the Agreement.
9.12. Receiving the right to use non-activated data and commands does not release the Player from compliance with this Agreement and the Rules of the Game, and the application of any measures against them specified in this Agreement or The Rules of the Game.
9.13. The Player guarantees the Administration that they have the right to use the funds chosen by them to pay Remuneration for the right to use inactive data and commands, without violating the legislation of the country of which the Player is a citizen, and the rights of third parties. The administration is not responsible for possible damage to third parties and/or other Players, caused as a result of the Player's use of means of payment that do not belong to them.
9.14. The Administration is not responsible for possible illegal actions of the Player when paying the Remuneration for the right to use inactive data and commands. The Administration reserves the right to unilaterally revoke the license for the Game and (or) the rights to use non-activated data and commands, if there is a suspicion of committing A player of illegal actions, up to the clarification of circumstances.
9.15. If the Administration has reason to believe that the Player is committing illegal actions related to the payment of Remuneration for the right to use inactive data and commands, the Administration has the right to transfer the relevant information to law enforcement agencies for verification of this fact.
9.16. Features of Remuneration payment by the Player for the right to use non-activated data and commands using bank cards:
9.16.1. Operations with bank cards are performed by the cardholder or a person authorized by them.
9.16.2. Authorization of bank card transactions is carried out by the Bank. If the bank has reason to believe that the transaction is illegal, then the bank has the right to refuse to perform this operation. Fraudulent transactions with bank cards are a criminal offense.
9.16.3. In order to avoid fraud while paying with bank cards, payments paid with a bank card can be checked by the Administration. The cardholder who has made such a payment is obliged, upon request received from To the Administration, provide a copy of the documents required by the Administration to confirm the lawful use of the bank card. If the requested documents are not submitted by the Player within 14 days from the date of payment or there are doubts about their authenticity, the Administration has the right to suspend the granting of the rights to use the Game to the Player until the circumstances are clarified.
9.17. The Player independently and at their own expense bears all costs associated with the transfer of funds to the Administration, including various fees and commissions of banks and operators’ payment systems.
9.18. The Player agrees, understands and accepts the fact that the Game is not a gambling game, a game for money, a contest, a bet. The acquisition of a license for the right to use non-activated data and commands is the realization of their own will and desire and is not a necessary or mandatory condition for using the Game according to the Agreement.

10. TERRITORY AND TERMS OF THE AGREEMENT
10.1. The Player has the right to use the Game in the ways described in this Agreement using standard computer tools and programs within the functionality of Administration Resources.
10.2. This Agreement is valid from the moment of acceptance of its terms by the Player and is valid for 1 (one) calendar year.
10.3. The validity of this Agreement is automatically extended for another one the following 1 (one) year, if before the expiration of the specified term of the Agreement:
10.3.1. The Administration will not make a decision to change the provisions of this Agreements, on the need to conclude a new agreement with the Players, termination of the Game service, termination of this Agreement in relation to the player.
10.3.2. The Player will not decide to stop using the Game.
10.4. Unless otherwise expressly provided by applicable law, The Administration has the right at any time without notifying the Player and without explanation reasons to terminate this Agreement unilaterally out of court and without compensation for any costs, losses or refunds received under Agreement, including in the case of:
10.4.1. closing the Game, i.e., termination of its operation by the Administration;
10.4.2. any, including one-time, violation by the Player of the terms of this Agreement Agreements or Rules of the Game.
10.5. The Administration has the right to suspend or terminate this Agreement at any time without notifying the Player and without explaining the reasons, without compensation for any costs, losses or refund received under Agreement, including in the case of any, including single, violation The Player of the terms of this Agreement or the Rules of the Game, unless otherwise expressly provided by applicable law.
10.6. The Player has the right at any time, without notifying the Administration and without explaining the reasons, to terminate this Agreement unilaterally out of court by terminating the use of the game account.
10.7. The Player agrees and fully acknowledges that all exclusive rights to the localized (translated into the appropriate language) Game, including gaming characters, game items and accessories, game coins, in-game valuables, graphics, photos, animations, video images, video clips, sound recordings, sound effects, music, text content of the Games and other components of the Game belong to the Administration, unless otherwise explicitly stated in the Agreement, on the Game's website or in the Game itself.
10.8. The Player does not have the right to use certain elements of the Game outside the Game without the written consent of the Administration.
10.9. The Player understands, accepts and agrees that any element of the Game, in in particular, any game characters are an integral part of the Game as computer programs and are protected by the Administration. Despite the fact that the Player is granted the right to use activated data and commands and may be granted the right to use non-activated data and commands, and in the process of using the Game, management of such game characters is allowed, including the development of such characters according to the Game scenario, such management and character development is not and cannot be regarded under any circumstances as transfer and/or assignment of an exclusive right in the relationship of this game character from the Administration to the Player. Such management and character development are also not and cannot be regarded as the authorship of the Player in relation to the game character and/or the co-authorship of the Player and Administration in relation to the game character.
10.10. This Agreement does not provide for the assignment of any exclusive rights or the issuance of an exclusive license for any components Games and/or Game Resources from the Administration to the Player, the assignment of the rights to use the Game to the Player.
10.11. In the event that the Player, in accordance with the laws of their state, is prohibited to use computer games online or there are other legal restrictions, including age restrictions on access to such software, the Player is not entitled to use the Game. In that case The Player is solely responsible for using the Game on the territory of their state in violation of local legislation.
10.12. This Agreement may be amended by the Administration without any prior notice. Any changes to the Agreement made by the Administration unilaterally come into force on the day, the day following the publication of such changes on the website Administration. the Player undertakes to independently check the Agreement for changes. The Player's failure to take actions to familiarize themselves with the Agreement and/ or the amended version of the Agreement cannot serve as a basis for the Player's failure to fulfill their obligations and the Player's failure to comply with the restrictions established by the Agreement.
10.13. The invalidity of one or more provisions of the Agreement, recognized in accordance with the established procedure by a court decision that has entered into force, does not entail for the Parties to the invalidity of the agreement as a whole. In case of recognition of one or more provisions of the Agreement as invalid in accordance with the established procedure, The Parties undertake to fulfill the obligations under the Agreement by the manner as close as possible to the implied by the Parties at the conclusion and/or agreed amendment of the Agreement.
10.14. In cases of threats, slander, insults, extortion, deception, attempts of violence - the Administration of the game has the right to block the Player.

11. OTHER TERMS AND RIGHTS OF THE PARTIES
11.1. The Administration and the User undertake to ensure the confidentiality of the Player's credentials (User’s set of passwords for access to technical resources of the Administration and other information identifying the Player in the Administration’s system). The Administration has access to the Player's information solely for providing services and technical support or in case of receiving claims from third parties concerning a possible violation of the rules by the Player. The Administration is not responsible for any kind of damage incurred by the Player due to the disclosure, loss or inability to receive their credentials. Any person who has provided the Administration with passwords and other confidential information required for Player’s identification, or who uses these data for authorization in the account control panel, is considered By the Administration as the Player's representative and acting on behalf of the Player.
11.2. The Administration agrees to provide the Player with the services according to this License Agreement. The Player pays for their computer software and internet access independently.
11.3. The Administration is not responsible for causing any direct or indirect damage to the User that occurred due to:
- the use or inability to use the Game resources by the Player,
- unauthorized access to the Player's communications, statements or behavior of any third party in the Game, including other users of the Game.

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