The project was launched on April 1, 2009 with the first episode "Some local problems". A total of 4 episodes are planned, each subsequent one being 2 times longer than the previous one.
0. The Declaration of the beginning
We, the founders of the project Xcraft, begin the creation of a new real-time strategy, which will attract people with thoughts about distant worlds and other civilizations from infinite space; encourage them to create the empires of their own consisting of several planets. We want to deliver the fun to our users with our work. We want to give them relax and joy of communicating, good planning and victories.
1. General rules of behaviour on the website:
1.0 Let's start with the fact that hundreds of people of different religions and beliefs communicate on the site, and they are all legitimate visitors of our site, therefore if we want this community of people to function, we need rules. We strongly recommend that you read these rules, it will take you only five minutes, but it will save us and you time and help make the site more interesting and organized.
1.1. On our site you need to behave respectfully towards all visitors of the site. Do not insult participants, it is always unnecessary. If you have complaints - contact the Admins or Moderators (use private messages). Insulting other visitors is considered one of the most serious violations and is strictly punished by the administration. Thank you in advance for your understanding and desire to make our site more polite and friendly.
1.2 The following are strictly prohibited on the site:
- messages not related to the content of the article or to the context of the discussion;
- insults and threats to site visitors;
- expressions (logins or planet names) containing profanity, degrading human dignity, inciting ethnic hatred;
- spam, as well as advertising of any goods and services, other resources, media or events not related to the context of the discussion of the article;
- Insulting administrators or moderators is also punishable by a ban - respect the work of others. Public rudeness, including veiled, may also be punishable by a ban.
- discussion of these rules, as well as the actions of the administration and its representatives, except for topics specially created for this purpose by the administration or in government sections. If you are not 100% sure of the information you publicly post on this topic, keep in mind that defamation and perjury against the administration are punished with a very serious ban and deletion of the message.
2. Posting information on the forum.
2.0. Pre-moderation. There is no pre-moderation of messages on the forum, except when it is introduced for individual users as a sanction for violating the Rules. The forum administration is not responsible for information posted by users, but stops violations of the current rules with appropriate measures against violators.
2.1. Ignorance of the law. Before posting a message, check that it does not contradict the forum rules. Posting information that contradicts the rules is prohibited on the forum. Ignorance of the rules or carelessness when writing messages does not exempt from liability. If you are not sure that the message complies with the rules, contact any Administrator for help, they will definitely help you.
2.2. Publication of information by third parties. The user is solely responsible for information posted from his account. The administration forbids you to give your account details to third parties for use.
2.3. Avatar. Any image that does not contain bloody scenes, scenes of violence, pornography or any other information that causes a negative reaction from other users is allowed to be used as an avatar. It is forbidden to use avatars already used by other forum members without prior approval.
2.4. Advertising. Advertising on the forum is prohibited, except for cases agreed with the Administration. Different actions may be classified as advertising in different circumstances. Comparing this game with other games may be regarded as advertising.
2.5. New topics. Creating interesting topics is welcome.
2.6. Consciousness. Timely notification of Administrators about a violation of the forum rules via the "Complaint" link is encouraged.
3. Rules of good manners.
3.0. Nature of the discussion. It is forbidden to leave messages in the forums containing obscene, offensive, nationalistic, rude, indecent or any other information that violates moral and ethical standards. Incitement of religious, national, ideological hatred is prohibited.
If your opponent disagrees with your statements and considers them offensive, the administration takes the side of the one to whom the insults were addressed (in his personal opinion), even in an indirect form.
This clause is valid for the entire forum, including profiles, signatures, reputation and other forum additions.
3.1. Discussion. Following the rules of discussion is encouraged on the forum. Please refer to Appendix No. 1 to these rules.
4. Offences.
4.0. Offences. The following acts listed below are prohibited in any form. Their commission will attract the attention of moderators and will result in adequate measures on their part.
4.1. Flood. Posting messages useless for the forum. These can be very short messages cluttering up topics. Very long messages that make it difficult to read the topic. Messages containing verbal "water" that do not carry the proper semantic load. Posting identical topics in several forums. Posting several messages in a row, if at least one of them can be classified as flood. Also, it is forbidden to create "humorous" or stupid topics in serious sections of the forum - New ideas”, “SIC”, “Bugs”, “Claims”.
4.2. Flame. Scandals and squabbles on the forum. Insults against another user or a group of users. Attempts to cause negativity towards oneself, another user or group of users. Rudeness, sarcasm, creating negativity on the forum, discussing the personal qualities of the interlocutor.
4.3. Offtopic. Messages that do not correspond to the topic of discussion and divert the discussion away from the topic.
4.4. Provocations. Inciting discord between users based on differences in religion, racial or national origin, disagreement with a user's point of view on any issue, harassment of residents. Provocations aimed at igniting a new conflict or renewing an old one, escalation of conflicts.
4.5. Provocations against the Administration. Discussing the Administration's actions outside the part of the forum designated for that purpose. Attempts to stir up a scandal over any actions of the administration. Attempts to "jump over the heads" when resolving various issues or to bypass existing rules.
4.6. Excessive quoting. Providing a large volume of quotes from other messages on the forum. Unjustified use of multi-level quotes.
4.7. Non-informative answers. Messages intended only to bump the topic up in the list. They will be considered a violation of the forum rules.
4.8. Advertising. Advertising is attracting the attention of users to other resources with similar forum topics.
Actions that fall under the definition of advertising are prohibited. Most often this is posting links in the public part of the forum, posting information about other resources and hints about them, sending messages through the forum's private messaging system.
4.9. Links. It is forbidden to leave links to pages of other resources on the forum. Exceptions: the information at the link cannot be published by means of the forum by its nature; the rules of the section allow posting certain types of links; posting the link is agreed with the administration of the resource.
4.10. Sabotage. Intentional deletion of information of interest to the forum. Causing harm to information already on the forum, as well as to the forum itself, the database, the server or the PC of forum users. Sabotage of ongoing projects on the forum.
4.11. Lie or perjury. Providing false information in messages or in communication with forum users. Confirmation of false information and attempts to hide one's own or another user's lie.
4.12. Penalties (bans) received by a player from the administration or its representatives are not subject to appeal, except by the Supreme Intergalactic Council with the support of one of its members, who must start a discussion by creating a topic in the appropriate forum section.
5. Account rules.
5.0. Multi-accounts are prohibited: using more than 1 account of one race by one user.
5.1. Sitting is prohibited. transferring your game account to another person or receiving someone else's account. If you want to take a break from the game, use vacation mode.
5.2. It is allowed to have up to 3 accounts if they are of different races.
5.3. For violation of account rules by a user, any member of the project team may issue a ban, which is not subject to appeal.
5.4. For violation of account rules, the system may automatically send the player to vacation mode, ban him or issue a warning and ban him in case of repeated violation. Accounts with 1000 Hydarian or more are checked only manually. Accounts with less than 25,000 points are also not checked automatically. To give a person the opportunity to start the game anew if something went wrong.
5.5. The system automatically cleans the server of inactive players: unprotected accounts, regardless of whether they are active or not, are deleted after 7 days; inactive protected accounts and those that have not scored 10 points are deleted after 31 days; those that have scored at least 10 points, inactive but protected, are deleted after 3 months.
5.6. Transfer of an account to another person, including its sale, is prohibited.
5.7. An account that has not been used by the owner for more than 3 months is deleted from the game. If the account is in vacation mode, the storage period is extended to one year.
5.8. Systematic use of an account to develop another account (pumping) is prohibited, including from unrelated accounts. For example, bringing resources or debris to the main account from additional low-activity accounts; intentional destruction of one player's fleet by another in a knowingly losing battle, etc. This includes any transfer of resources, including through attack or other means, that have no strategic basis from the point of view of the in-game universe, "giveaways"/"boosting".
Comment on strategic justifications. In 2013, detailed analysis and logs of resource transfers across the server were introduced. They allow us to see and evaluate resource flows. If it is obvious that one account is constantly being pumped with resources at the expense of others that are not actually playing, we regard this as a prohibited technique. The administration carefully checks operations manually, and we do not intend to ban players for no reason. However, obvious cases of pumping will be strictly suppressed, as it interferes with fair play for the majority of project participants.
6. Plot rules.
6.0. The plot is the history of the Xcraft Universe. Plot events affect both the gameplay and the development process. Both may be changed in the interests of the plot.
6.1. A plot post is a message on the forum formatted according to special rules:
6.1.0. A plot message must be publicly available.
6.1.1. In a plot message, the character's direct speech must be in bold, his thoughts in italics, and actions in asterisks. Non-plot comments are highlighted in grey.
An example of a plot post can be seen in the plot forum rules.
6.1.2. It is preferable to write plot posts in special plot sections of the forum.
6.1.3 Additional use of colours and images is allowed to improve the plot post.
6.1.4 A plot post can be posted with in-game consequences in any section of the Xcraft forums, except the Info zone, "Extraneous conversations" and "Newbie questions" forums.
6.1.5 It is not recommended to publish a plot post consisting only of non-plot comments (see clause 6.1.1.).
6.1.6 The Plot Coordinator may delete any messages in the plot zone of the forum and ban violators of the rules at his discretion, without prior warning.
6.2. Any player can take part in the plot (by writing his profile application and a plot post), but only those with special merits can become a plot player, including guild war victories or large financial donations to the project.
6.2.0. A plot player is a special player who possesses a fleet, buildings, technologies, and ultimate abilities that are not self-created. The fleet of a plot player may not leave debris upon death.
For example, a plot player may have a huge fleet artificially created through the project database by the portal administration, special buildings, resources and additional technologies.
6.2.1. The account and planets of a plot player may have additional features not disclosed to users, including for testing purposes.
For example, buildings of several races, the ability to teleport or hide planets.
6.2.3. Various restrictions may be lifted from plot players, such as attacking players' capitals with ultimate weapons, relocating another's fleet to their planets, and others.
6.2.4. Additional secret requirements may be imposed on plot players. Their buildings may be destructible, and the account itself transferable.
6.3. Replenishment of a plot player with an artificial fleet can only be carried out in the absence of hostilities between this player and players who have their own, non-artificially created fleet.
6.4. A plot player has the right to interact (Attack, Transport, Defense, etc.) with plot players and players taking part in the plot.
Any forum contacts with plot players may be regarded as participation in the plot. If a player not participating in the plot replies to a plot post, he may be attacked by a plot player.
6.5. Attacks by a plot player may be motivated by the plot, a plot post on the forum, actions of players directed against plot players or against a group of plot players of the same guild (coalition, alliance, group).
6.6. A plot player is not allowed to use his fleet, artificially created or built (all fleet of his account), to attack players who are not participating in the plot and are not showing aggression against plot players.
6.6.6. Project developers, as well as other people involved in its creation who have an artificially created fleet, are considered plot players and must follow the rules of section 6 when interacting with other players.
6.7. Plot players may attack violators of the project rules as punishment at the request of the portal administration.
Comment: A little simpler and clearer plot rules described by Den55Tiger.
6.8. The fleets of plot players may be used in any operations by decision of the main governing body of the race with the consent of the plot player controlling those fleets.
Comment: The main governing body of humans as of 01.03.2011 is the Confederation government, of the Xerjs – the main cluster.
Orders to the fleet on behalf of the entire race must be clear. For example, whom to attack with which fleet at what time.
6.9. The head of a race can be any player based on criteria established by the project administration at the current time. The head of a race is automatically recognized as a plot player and various restrictions may be lifted from him, and additional bonuses may be provided.
6.9.1. The head of the human race is the player elected by the Confederation government. Upon taking office, such player is given control of the planet Tarsonis [1:1:1]. The reason for replacing the head of a race may be the marshal's inability to protect Tarsonis or his major defeat.
6.9.2. The head of the Xerjs race is the Overmind until a special plot moment. The reason for replacing the head of the Xerjs race may be the presence of a player with a Neural core level higher than that of the Overmind.
6.9.3. The head of the Tosses race is the player chosen by the Conclave.
6.10. A scene player may capture special planets with his fleet without explanation or declaration of war.
Comment: Special planets are the first planets of the arms, for example [5:1:1].
7. Interference with game mechanics and balance.
7.1. Interference with game mechanics means the use of any third-party programs and mechanisms that give or may give an advantage in the game or lead to excessive traffic. In particular, automatic and semi-automatic scripts that execute database queries or trigger game mechanisms are prohibited. If facts of interference with game mechanics are detected among more than one member of the same alliance, the operator has the right to block the entire alliance pending investigation. Therefore, think about your colleagues before using bots and scripts.
7.2. Any out-of-game transactions for real money are prohibited, for example: selling resources, fleet, planets and other for real money, except for objects with a certificate of ownership. Any hints of selling game elements (resources, fleet, any game actions, etc.) are considered a violation of the rules and the account is blocked even if it is just talk that did not lead to real actions.
Said in jest also counts.
7.3. The use of game flaws, bugs or errors for any purpose, including to gain an advantage, is prohibited. Failure to report flaws, errors and bugs in the game to the administration is also a violation of the project rules.
8. Loss and disclaimer.
8.1. A player is considered to have lost if he has no planets left.
8.2. A losing player may be removed from the project and the game database by decision of the administration without any subsequent restoration.
8.3. Loss may occur as a result of the player's own actions or as a result of the actions of other players.
8.4. Loss may occur as a result of failure to complete missions or in accordance with the plot (as required by the plot).
8.5. The losing player is not entitled to any compensation for game costs, whether monetary (donations) or time. You use the site "as is" and invest your money without any express or implied warranties.
8.6. The project administration is not responsible for any losses incurred by players as a result of bugs, flaws or any other circumstances.
9. Feedback rules (support)
9.1. Questions about the game: a player may ask questions about the game that he has not found answers to in other sources of information.
9.2. New ideas for the game: a player may offer competent new ideas for the game that for some reason he does not want to write on the forum. (Priority consideration of such proposals may be lower than on the forum).
9.3. Bugs: a player may warn us via feedback about a critical bug that affects gaining an unfair advantage in the game over other players, which is dangerous to post on the forum due to leakage to the masses. Also, a player may report non-critical bugs whose fixing is not critical in a short period of time. (Please note that for all non-confidential bugs it is better to use a special topic on the forum). P.S. The use of bugs in the game is strictly prohibited and severely punished.
9.4. Complaint: a player may warn the administration about improper behaviour of developers and moderators towards players. Please note that only reasoned complaints with specific evidence of improper actions of these persons are considered, not personal or others' fantasies and assumptions. (Please also note that for defamation a player may be punished with a game/forum ban.) When complaining about a player, make sure that he has definitely violated some rule.
9.5. Payment problems: a player may report problems related to donations in the game and withdrawal of money from the affiliate program. Please note that despite the fact that donations are usually credited almost instantly within a few minutes, sometimes there are technical problems due to which the crediting will occur a little later. If Hydarian are still not credited, we recommend that you first contact the support of the aggregator through which the Hydarian were received.
9.6. Feedback is prohibited from being used from a non-main gaming account of the sender. If the main account cannot be used for valid reasons, then indicate it in the content of the message.
Appendix 1. Recommendations for conducting discussions.
Subject of discussion - a fact, event, controversial issue, any object of reality.
Discussion - - a form of communication between two or more users, having the ultimate goal of establishing the truth regarding the subject of discussion.
Argument - a form of communication between two or more users, having the ultimate goal of proving one of the participants right at any cost and regardless of any circumstances.
Squabble - a form of communication between two or more users, having the ultimate goal of degrading or discrediting one of the users, or discrediting any idea.
Provocation - an action whose consequence is the appearance of negativity between two or more users.
The culture of forum communication implies a positive attitude towards other residents, if the resident does not encourage negativity. Arguments and squabbles are not welcome on the forum. Below are actions in which the communication process ceases to be a discussion, transforming into something else. Each action is accompanied by a description demonstrating the essence of the action, but not being its definition. Appeals to inaccuracy of wording are not accepted due to the descriptive nature of the following.
1. Verbiage. The use of rhetorical techniques to present facts in a different light or attempts to distort facts. Construction of complex verbal structures to create the appearance of correctness or incorrectness of a statement.
2. Substitution of the thesis. Substitution of the thesis in any form, or distortion of previously spoken words, one's own or the interlocutor's.
3. Purposeful avoidance of the topic. Diverting the conversation to something not related to the subject of the conversation in order to stop the discussion.
4. Discussion of the interlocutor. Getting personal. Attempts to reduce the conversation to discussing the interlocutor or his individual qualities.
5. Provocative questions. The use of provocative questions relating to the interlocutor or his point of view, instead of presenting one's own arguments.
6. Blank denial. Denying the interlocutor's point of view to create the appearance of inconsistency of his point of view. Appeals to authorities, opinions, or anything that is not a fact relevant to the matter.
7. Ignoring the interlocutor's words. Ignoring the opponent and/or his statements in order to create the appearance of their inconsistency.
Let us respect each other and the site where you and other users come to communicate and express their thoughts. The site administration reserves the right to delete comments or parts of comments if they do not meet these requirements.
If the rules are violated, you may be given a warning. In some cases, a ban may be issued without warnings. A ban may be lifted early by a project team member who issued the ban. A ban may be lifted by another project member if the member who issued the ban does not object.
8. Dispute resolution.
8.0. Attention! You play Xcraft "as is". The portal administration does not give any direct or indirect guarantees for the safety of your digital data on the server, let alone the safety of any game elements. In the event of bugs, software errors or other circumstances, no one guarantees the restoration of your data. Losses arising as a result of changes in the game balance or any other changes are compensated at the discretion of the developers.
8.1. If a player commits actions prohibited in this game, he may be blocked for a period at the discretion of the administration and his account may be deleted from the game. By committing prohibited actions, the player requests the termination of all contracts concluded between him and the project.
8.2. This Agreement is made by Xcraft Inc, 528 Seven Bridge Road Suite 116 East Stroudsburg PA 18301 Monroe. The parties have agreed that, in the event of a dispute, any dispute between them shall be resolved in accordance with the laws of the United States of America.
ATTENTION! IF YOU DOWNLOAD, COPY ANY PART OF THE GAME "Xcraft", AND/OR USE IT IN ANY OTHER WAY, AND/OR IF YOU HAVE STARTED TO PARTICIPATE IN THE GAME "Xcraft", THEN BY THIS YOU ACCEPT THIS LICENSE AGREEMENT AND CONFIRM YOUR AGREEMENT WITH ALL ITS TERMS AND CONDITIONS WITHOUT ANY RESTRICTIONS.
License agreement
This license agreement (hereinafter the "Agreement") governs the relationship between Xcraft Inc, legal address 528 Seven Bridge Road Suite 116 East Stroudsburg PA 18301 Monroe, hereinafter referred to as the "Licensor" and you, the Licensee of the Game (hereinafter the "Licensee"), in relation to the Game.
1. The terms used in this Agreement:
1.1. Game --- interactive online computer game "Xcraft", which is a computer program, including the Client part of the Game (if the Client part of the Game is provided by its functionality) and Game resources, including all additions and updates of the Game, and the server part of the Game software. Operation and maintenance of the Game, as well as providing Licensees with access to the Game, is carried out exclusively by the Licensor. Licensees participate in the Game in an interactive (online) mode, by installing the Client part of the Game on the Licensee's personal computer (if provided by the Game's functionality) and/or connecting the Licensee via the global Internet to the Licensor's Game resources. If the Game is not distributed by Subscription, information about which is contained on the Game's Internet site, then the principle of operation of the Game is based on the well-known Free-To-Play model ("free game"), which means granting the Licensee the right to use the Game by participating in the Game without paying a subscription fee and without any other mandatory payments necessary to participate in the Game and/or advance in the gameplay. The Licensor is the holder of the necessary rights to the Game and to all its elements, taken both individually and collectively. The Licensor has the right to use, operate and distribute the Game in the relevant territories where it provides its use, operation and distribution.
1.2. Game Internet site --- Internet sites located at xcraft.net, providing the Licensee with access to the Licensor's resources, including for the Licensee's participation in the Game. The Licensor places information mandatory for Licensees on the Game's Internet site.
1.3. Game resources (Resources) --- all servers, any software and/or databases related to the Game, located, among other places, in the domains xcraft.net and its subdomains.
1.4. Licensor --- Xcraft Inc, which grants the right to use the Game under a non-exclusive license to Licensees and carries out communication to the public, distribution, operation, maintenance, and administration of the Game. Under the terms of this Agreement, the Licensor grants the right to use the Game and access to the Game and Additional Game functionality to Licensees. The Licensor is a Party to this Agreement.
1.5. Licensee - an individual with the necessary legal capacity to enter into this Agreement, participating in the Game and to whom, in accordance with this Agreement, the right to use the Game within the limits provided for in this Agreement is granted. The Licensee is a Party to this Agreement.
1.6. Transfer of rights to use the Game - granting by the Licensor to the Licensee of the rights to use the Game, as well as access to the Game Resources, including the right to reproduce it on a computer, access to participation in the Game, use of its capabilities, on the terms and in the manner specified in this Agreement and the standard mode of operation of the Game. The granting of the rights to use the Game to the Licensee, with the exception of the Additional Game functionality, is carried out by the Licensor free of charge, except for cases of providing the Game by Subscription provided for in this Agreement.
1.7. Additional Game functionality - functional (software) capabilities of the Game that allow the Licensee, for a Unit of measurement of rights, the amount and conditions of receipt of which are determined by this Agreement, to obtain the right of access under a non-exclusive license to use additional advantages and privileges in the Game.
1.8. Unit of measurement of rights to use the Additional Game functionality (Units of rights) - a conventional unit credited by the Licensor to the in-game account of the Licensee in the Game, determining the scope of the Licensee's rights to use the Additional Game functionality. The unit of measurement of rights to use the Additional Game functionality is "Hydarian". The scope of rights granted to the Licensee to use the Additional Game functionality is determined depending on the number of credited Units of rights as a result of using the service of transferring funds into Units of rights.
1.9. Client part of the Game - software necessary for the Licensee to participate in the Game, including access to the Additional Game functionality, and subject to installation on the Licensee's personal computer. The Client part of the Game is installed by the Licensee independently on a personal computer. The Client part of the Game may be distributed by the Licensor and/or persons authorized by it, both via the Internet and on physical media. The Client part of the Game distributed on the Internet is provided to the Licensee free of charge, unless otherwise provided by this Agreement. Copies of the Client part of the Game distributed on physical media may be provided to the Licensee for a fee.
1.10. License Agreement - the text of this Agreement between the Licensor and the Licensee, containing all the necessary and essential terms of the license agreement for granting rights to use the Game, including the Additional Game functionality, as a computer program. The Game Rules, Forum Rules, as well as other documents referenced in this Agreement are an Appendix to this Agreement and an integral part thereof.
1.11. Subscription - provision by the Licensor to the Licensee of the rights to use the Game by providing access to the Game for a certain fee.
1.12. Game Rules (Rules) - Appendices to the License Agreement located on the Internet at https://xcraft.net/rules.html, regulating the rules for the Licensee's participation and conduct in the Game, restrictions on the Licensee's actions in the Game, as well as the Licensee's liability for non-compliance with such Rules and failure to observe restrictions, the Licensor's rights to apply certain measures to the Licensee provided for in this Agreement and the conditions for applying such measures. The Game Rules may be changed by the Licensor at any time without prior notice to the Licensee. The Licensor notifies the Licensee of such changes by posting information on the Game's Internet site. The Licensee's continued participation in the Game after changes to the Game Rules are made is deemed to be his consent to such changes.
1.13. Forum Rules - Appendices to the License Agreement located on the Internet at https://xcraft.net/rules.html, regulating the rules of conduct of the Licensee on the official Game forum ("Forum"), restrictions on the Licensee's actions on the Forum, as well as the Licensee's liability for non-compliance with such Forum Rules and failure to observe restrictions, the Licensor's rights to apply certain measures to the Licensee provided for in this Agreement and the conditions for applying such measures. The Forum Rules may be changed by the Licensor at any time without prior notice to the Licensee. The Licensor notifies the Licensee of such changes by posting information on the Game's Internet site. Use of the Forum in any way after changes to the Forum Rules are made is deemed to be his consent to such changes.
2. Conditions for joining this Agreement
Before participating in the Game, the Licensee must familiarize himself with this Agreement, as well as with all applicable Game Rules and other documents that are freely available on the game page "Xcraft" on the Internet at: xcraft.net
After filling in the mandatory fields and familiarizing himself with the Agreement, the Licensee joins (accepts) this Agreement by clicking the "START" button or similar, which constitutes acceptance (acceptance) of the Licensor's offer, as well as the conclusion of an agreement, giving rise to the Licensee's obligation to comply with the terms of the Agreement, including the Game Rules applicable to the Game. Actual use of the Game is also an acceptance of this Agreement.
3. Subject of the Agreement
Under this Agreement and provided that the Licensee complies with its relevant terms, the Licensor grants the Licensee, under a simple non-exclusive license, the right to use the Game as software and/or a database, including access to participate in the Game, as well as to the Additional Game functionality, to the extent specified in this Agreement.
The right to use the Additional Game functionality is deemed granted at the moment the Units of rights are credited to the Licensee's in-game account. Further use by the Licensee of the Units of rights is carried out exclusively within the gameplay (Game), does not create any liability on the part of the Licensor for their use/non-use by the Licensee, and any claims of the Licensee arising from this, under the laws of the United States of America, cannot be the subject of judicial protection.
The use of the service of transferring funds into Units of rights to use the Additional Game functionality is not a prerequisite for the Licensee's participation in the Game, or for obtaining the rights to use the Game as a whole, unless otherwise provided by this Agreement. The rights to use the Additional Game functionality are provided at the request and desire of the Licensee. The Additional Game functionality is an integral part of the Game, is not a separate computer program, and the rights to its use may be exercised by the Licensee only in connection with the use of the Game.
4. Limits of use of the Game and its Additional functionality
4.1. The Licensee has the right to use the Game and its Additional functionality in the following ways:
4.1.1. participate in the Game by creating an account and a game character and change the content of the Game during such participation in compliance with the Game Rules;
4.1.2. reproduce the Client part of the Game by installing it on his personal computer for the purpose of participating in the Game;
4.1.3. upon payment for the corresponding right to use the Additional Game functionality in accordance with this Agreement, use the Additional Game functionality;
4.1.4. use the Game within the functionality provided by the Subscription (if available), subject to payment for the Subscription.
4.2. The Licensee is not entitled to:
4.2.1. distribute for commercial or non-commercial purposes the Client part of the Game or its copies, either by distributing physical media with it, or by posting it on the Internet for downloading by specific persons or an unlimited circle of persons;
4.2.2. translate the Game into other languages;
4.2.3. distribute for commercial purposes audiovisual displays present in the Game outside the Game;
4.2.4. distribute for commercial or non-commercial purposes game valuables received by the Licensee during participation in the Game (including when implementing the Additional Game functionality) outside the gameplay, transfer the rights to use the Game or the Additional Game functionality for commercial or non-commercial purposes to third parties, including by transferring a game character or game account;
4.2.5. transfer the rights to use the Game and/or its Additional functionality granted to the Licensee to other Licensees or third parties by concluding a sublicense agreement or otherwise;
4.2.6. use the Game in other ways not provided for by this Agreement and beyond the scope of normal gameplay.
5. Obligations of the Licensor
The Licensor undertakes the following obligations:
5.1. on the terms set forth in this Agreement, provide the Licensee with the opportunity to participate in the Game, grant the rights to use the Game as software and/or a database and its Additional functionality;
5.2. taking into account the conditions set forth in this Agreement, ensure the gameplay;
5.3. notify the Licensee by posting information on the Game's Internet site of changes to the terms of this Agreement.
5.4. provide the Licensee with the opportunity to receive (download) free of charge the Client part of the Game (if available) via the Internet from the Game's website, unless otherwise provided by this Agreement.
6. Rights of the Licensor
The Licensor has the following rights:
6.1. at any time, unilaterally restrict, expand, change the content of the Game without prior notice to the Licensee;
6.2. manage the Game and gameplay solely at its discretion, suspend or change the course of the gameplay, change the conditions of the Game without prior notice to the Licensee;
6.3. at any time change, delete any information posted by the Licensee on the Licensor's Resources, including statements, announcements of the Licensee;
6.4. at any time suspend, restrict and/or terminate the Licensee's access to the Game on the terms of this Agreement, including if the Licensee fails to comply with the terms of this Agreement or the Game Rules;
6.5. for the purpose of collecting statistical data and identifying the Licensee, establish and store information about the Licensee's IP addresses, use technical information files (cookies) placed on the Licensee's personal computer;
6.6. send informational or technical messages related to the Game to Licensees;
6.7. during the gameplay, make comments to Licensees, warn, notify, inform them about the Licensees' non-compliance with the Game Rules or other terms of this Agreement. The Licensor's instructions given during the gameplay are binding on the Licensee.
6.8. at any time change, supplement, modify the Game, any of its parts, including the Client part of the Game, without any prior notice to the Licensee;
6.9. take measures not prohibited by law to protect their own intellectual rights in relation to the Game;
6.10. in the event of suspension, restriction, termination of providing the Licensee with access to the Game due to the Licensee's violation of this Agreement or the Game Rules, renew the provision of access to the Game to the Licensee on the terms of early unlocking of the Licensee's game account. The procedure and conditions for such unlocking are determined at the discretion of the Administration.
6.11. at any time terminate the provision of access to the Game or the ability to use the Game (close the Game) and/or any of its functionality without prior notice to the Licensee.
7. Limitation of liability of the Licensor
7.1. The Licensee uses the Licensor's Resources, the Game, including the Client part of the Game (if available), at his own risk. Participation in the Game, granting of rights to use it and use of its Additional functionality is carried out on an "as is" basis.
7.2. The Licensor is not responsible for possible unlawful actions of the Licensee or third parties.
7.3. The Licensor is not responsible for the statements of the Licensee published on the Licensor's Resources. The Licensor is not responsible for the behavior of the Licensee on the Licensor's Resources, including the behavior, character and ideology of game characters controlled by the Licensee, the actions of game characters in the Game, disrespect for other Licensees of the Game and the game characters they control. The Licensor is not responsible for such actions of other Game participants.
7.4. The Licensor is not responsible for the Licensee's loss of the ability to access his game account - the Licensee's account in the Game (loss of login, password, other information necessary for the Licensee to participate in the Game).
7.5. The Licensor is not responsible for incomplete, inaccurate, incorrect indication by the Licensee of his data when creating the Licensee's account in the Game.
7.6. The Licensor is not responsible for the loss by the Licensee during the gameplay of game valuables obtained as a result of participation in the Game or using the service of transferring funds into Units of rights to use the Additional Game functionality.
7.7. The Licensor is not responsible for the Licensee's lack of Internet access, for the quality of services of Internet service providers with whom the Licensee has entered into agreements for the provision of Internet access services.
7.8. The Licensor does not exchange for cash or non-cash money or valuables and/or return game valuables received by the Licensee during participation in the Game, exercise of rights to use the Game or the Additional Game functionality, including the Units of rights to use the Additional Game functionality.
7.9. The Licensor does not exchange one game valuables received by the Licensee during participation in the Game, exercise of rights to use the Game or the Additional Game functionality, for other game valuables.
7.10. The Licensor does not reimburse the Licensee for expenses associated with the use of the service of transferring funds into Units of rights to use the Additional Game functionality, including in the event of suspension or termination of access to the game or suspension or termination of this Agreement for any reason.
7.11. The Licensor does not guarantee that:
7.11.1. the Game will meet the subjective requirements and expectations of the Licensee;
7.11.2. the gameplay on the Licensor's Resources, as well as the transfer of rights to use the Game, will proceed continuously, quickly, without technical failures, reliably and without errors;
7.11.3. the results that may be obtained using the software and database of the Game, when participating in the Game and when exercising the rights to use the Additional Game functionality, will be error-free;
7.11.4. the quality of the gameplay, any aspects of the Game or its Additional functionality, information obtained during the Game or when using the software and database provided on the Licensor's Resources, will meet the Licensee's expectations;
7.11.5. the Game will be available and can be used around the clock, at any particular time or during any period of time.
7.12. The Licensor is not responsible for the occurrence of direct or indirect damage to the Licensee or other third parties caused as a result of:
7.12.1. use or inability to use the Licensor's Resources;
7.12.2. unauthorized access of any third parties to the Licensee's personal information, including the Licensee's account, the Licensee's personal account in the Game;
7.12.3. statements or behavior of any third party on the Licensor's Resources.
7.13. The Licensor is not obliged to provide the Licensee with any evidence, documents, etc., indicating that the Licensee has violated the terms of the Agreement, as a result of which the Licensee was denied access to the Game, game valuables, including those constituting the Additional Game functionality, or such access was terminated and/or limited.
8. Obligations of the Licensee
8.1. The Licensee is obliged to:
8.1.1. comply with the terms of this Agreement, including the Game Rules, without any restrictions;
8.1.2. provide accurate information at the time of registration on the Licensor's Resources;
8.1.3. not exceed the limits of use of the Game and the Additional Game functionality established in section 2 of this Agreement;
8.1.4. not otherwise violate the intellectual property rights of the Licensor in relation to the Game and/or any components of the Licensor's Resources, in particular, the Licensee has no right to copy, broadcast, distribute, publish, or otherwise distribute and reproduce materials (text, graphics, audio-video) that are part of the Game Resources without the written consent of the Licensor;
8.1.5. independently take appropriate measures to ensure the security of his accounts in the Game and prevent unauthorized use of these accounts by third parties;
8.1.6. follow the instructions of the Licensor, in particular those given by the Licensor to the Licensee or a group of Licensees in the Game, in the user support center (Licensees), in the news section of the Game's Internet site, on the Licensor's forum. In the event of the Licensee's failure to comply with such instructions, the Licensor has the right to suspend, restrict, or terminate the Licensee's access to the Game or the Additional Game functionality;
8.1.7. comply with other requirements and fulfill other obligations provided for by this Agreement and the Game Rules.
8.2. The Licensee warrants that he has all necessary authority to enter into this Agreement. If the Licensee has not reached the age of majority (18 years) or has become completely incapacitated due to the occurrence of another circumstance provided for by applicable law, he is obliged to independently obtain the necessary permission in the form required by law from his parents or legal representatives.
8.3. Other obligations of the Licensee are provided for in the Game Rules, as well as in section 7 of this Agreement.
9. Additional Game functionality
9.1. This section of the Agreement regulates the procedure and conditions for the Licensor to provide the Licensee with access rights to the Additional Game functionality.
9.2. At the request of the Licensee, the Licensor provides the Licensee, on a fee basis, with the service of transferring electronic funds into Units of rights, allowing the Licensee to use additional, extended, special capabilities of the Game (game character characteristics, privileges, special game items, gifts, etc.). In particular, as a result of using such capabilities, the game character controlled by the Licensee may receive game valuables that, in particular, contribute to faster development of the game character in the Game. Game valuables are intangible and can only be used by the Licensee inside the Game during gameplay. The service is considered rendered and completed after converting funds into Units of rights.
The right to use the Additional Game functionality is granted to the Licensee under a simple non-exclusive license for a fee and to the extent determined by this Agreement, based on the number of Units of rights obtained as a result of using the funds transfer service.
Payment for the service of transferring funds into Units of rights is made by the Licensee in cash in the currency of the relevant territory, in the amount of the cost of a certain number of Units of rights to use the Additional Game functionality determined by the Licensee. The cost of one Unit of rights to use the Additional Game functionality is the amount indicated on the Internet page for replenishing the Licensee's in-game personal account at: https://xcraft.net/officier/ The cost may be changed by the Licensor unilaterally at any time without prior notice to the Licensee. The cost of a once-used service of transferring funds into Units of rights to use the Additional Game functionality is not revised.
The Licensee has the right to use the Additional Game functionality, freely exchanging the received Units of rights for any game valuables that are part of the Additional Game functionality, at the in-game exchange rate determined in accordance with the Game Rules and gameplay. The game valuables obtained in this way are subsequently used by the Licensee on a par with other game valuables received by the Licensee during the Game in accordance with the Game Rules. The Licensor is not responsible for the loss by the Licensee's game character of such game valuables during the gameplay (theft, destruction, exhaustion, etc.) in accordance with the Game Rules.
The Licensee acknowledges that during the gameplay, the game character's access to the Additional Game functionality in the amount of Units of rights may be terminated in accordance with this Agreement (as a result of their consumption, theft by other game characters, suspension/termination of access to the Game, etc.) or for other reasons, and this does not give the Licensee grounds to demand from the Licensor a refund of the license fee paid for the rights to access such Additional Game functionality.
9.3. The moment of granting the right to use the Additional Game functionality is considered the moment the corresponding number of Units of rights is credited to the Licensee's in-game personal account.
The right to use the Additional Game functionality is granted to the Licensee for the duration of this Agreement, unless the exhaustion of the granted scope of rights occurs earlier.
9.4. When registering the Licensee in the Game, the Licensor automatically creates an in-game personal account for the Licensee in the Game, which is tied directly to the Licensee's account.
9.5. Methods and conditions for payment for the service of converting funds into Units of rights to use the Additional Game functionality through payment systems are published by the Licensor on the Game's Internet site: https://xcraft.net/dark.php The license fee is paid by the Licensee by transferring funds through supported payment systems to the Licensor's bank account. The list of payment systems available for payment is given on the Licensor's Internet site. The main provisions of the Agreement on methods and conditions of payment also apply to the payment of the Subscription (if available).
9.6. When paying for the service of converting funds into Units of rights to use the Additional Game functionality, the Licensee undertakes to follow the payment instructions on the procedure and methods of payment, including the rules for entering messages and short text message (SMS) numbers, including the procedure for entering uppercase and lowercase letters, numbers and input language. The provision to the Licensee of the right to use the Additional Game functionality is ensured subject to compliance with the attached instructions and payment conditions. The Licensor is not responsible for the correctness of the Licensee's compliance with the payment conditions. For questions regarding the rules and procedure for using payment systems to replenish the personal account, the Licensee should contact the legal entities - holders of such payment systems. The Licensor does not provide explanations to the Licensee on issues related to the rules and procedure for using such payment systems, nor does it pay the Licensee compensation for funds paid for using the service of transferring funds into Units of rights to use the Additional Game functionality through payment systems, if such payments were made in violation of the rules established by the payment systems, as a result of which the funds did not reach the Licensor.
9.7. The provision to the Licensee of the right to use the Additional Game functionality is carried out only subject to full payment for such rights by the Licensee in accordance with the terms of this Agreement. At the same time, until confirmation of payment for the rights to use is received, the Licensor has the right not to provide them to the Licensee, or to provide them in a limited volume.
9.8. If, as a result of a technical error, or a Game failure, or the intentional actions of the Licensee, he gained access to the Additional Game functionality without obtaining the right to use in the manner established by this Agreement, the Licensee undertakes to report this fact to the Licensor and pay the Licensor the cost of the right to use such Additional Game functionality, or eliminate all consequences of the unlawful use of the Additional Game functionality. The Licensor has the right, independently without notice to the Licensee, to eliminate such consequences (including seizing in-game valuables, lowering the character's level, etc.).
9.9. The Licensee is obliged to keep documents confirming his payment for the service of transferring electronic funds into Units of rights to use the Additional Game functionality for the entire duration of the Licensee's participation in the Game, and upon request of the Licensor, provide him with such documents, as well as information about the circumstances of such payment by the Licensee.
9.10. The Licensee is obliged to independently monitor the status of his personal account.
9.11. The exclusive right to distribute the Additional Game functionality belongs to the Licensor, and therefore no offers from third parties to provide rights to use the Additional Game functionality or access to them can be regarded by the Licensee as offers emanating from the Licensor.
In the event of controversial, unclear situations, or the Licensee receiving any offers from third parties related to the payment for rights to use the Additional Game functionality, or the placement of such advertisements and offers on the Internet, except for the Licensor's Resources and those posted on behalf of the Licensor, the Licensee must immediately notify the Licensor.
If the Licensee, in violation of this provision, makes a payment according to the specified announcement using the details specified in such announcement, the Licensee's claims to the Licensor regarding the Licensee's lack of access to the Additional Game functionality will not be accepted, and the Licensor will not compensate the Licensee for the funds spent by the Licensee under such circumstances.
9.12. If the Licensor determines that the Licensee receives access to the Additional Game functionality from third parties, the Licensor has the right, at its discretion, to either suspend, or restrict, or terminate the Licensee's access to participation in the Game and/or to the Additional Game functionality.
9.13. The use of the service of transferring funds into Units of rights to use the Additional Game functionality does not relieve the Licensee from compliance with this Agreement and the Game Rules, and from the application of any measures specified in this Agreement or the Game Rules against him, including a full or partial refusal of the Licensor to further provide access to the Game and the Additional Game functionality. Compensation for the used service of transferring funds into Units of rights to use the Additional Game functionality in such case is not made to the Licensee.
9.14. The Licensee warrants to the Licensor that he has the right to use the means of payment chosen by him to pay for the rights to use the Additional Game functionality, without violating the laws of the United States of America and/or the laws of another country of which the Licensee is a citizen, and the rights of third parties. The Licensor is not responsible for possible damage to third parties and/or other Licensees caused as a result of the Licensee's use of means of payment that do not belong to him.
9.15. The Licensor is not responsible for possible unlawful actions of the Licensee when making payment for the rights to use the Additional Game functionality. The Licensor reserves the right to unilaterally suspend or terminate the Licensee's access to the Additional Game functionality if there is suspicion of the Licensee committing unlawful acts, until the circumstances are clarified.
9.16. If the Licensor has reason to believe that the Licensee is committing unlawful acts or fraudulent actions related to the payment for the rights to use the Additional Game functionality, the Licensor has the right to transfer relevant information to law enforcement agencies to conduct a verification of this fact.
9.17. Features of payment by the Licensee for the rights to use the Additional Game functionality using bank cards:
9.17.1. Bank card transactions are carried out by the cardholder or a person authorized by him.
9.17.2. Authorization of bank card transactions is carried out by the bank. If the bank has reason to believe that the transaction is fraudulent, the bank has the right to refuse to carry out this transaction. Fraudulent transactions with bank cards are a criminal offense.
9.17.3. In order to avoid fraud when paying with bank cards, payments made by bank card may be checked by the Licensor. The Licensee-cardholder who made such payment is obliged, upon request from the Licensor, to provide a copy of the documents necessary for the Licensor to confirm the lawful use of the bank card. In the event of failure to provide the requested documents by the Licensee within 14 days from the date of payment or if there are doubts about their authenticity, the Licensor has the right to suspend the provision of access to the Game and the Additional Game functionality to the Licensee pending clarification of the circumstances.
9.18. The Licensee independently and at his own expense bears all costs associated with transferring funds to the Licensor, including various fees and commissions of banks and payment system operators.
9.19. The Licensee agrees, understands and accepts the fact that the Game is not a gambling game, a money game, a contest, a bet. The use of the service of transferring funds into Units of rights to use the Additional Game functionality is the realization of his own free will and desire and is not a necessary or mandatory condition for participation in the Game and the gameplay.
10. Territory and term of the Agreement
10.1. The Licensee has the right to use the Game and the Additional Game functionality in the ways described in this Agreement in the territories where it is available within the framework of normal gameplay using standard computer tools and programs within the functionality of the Licensor's Resources.
10.2. This Agreement is effective from the moment of its acceptance by the Licensee and is valid indefinitely.
10.3. This Agreement continues if:
10.3.1. The Licensor does not decide to change the provisions of this Agreement, the need to conclude a new agreement with Licensees, terminate the Game service and terminate access to it, terminate this Agreement with respect to the Licensee, or terminate access to the Game with respect to the Licensee.
10.3.2. The Licensee does not decide to stop using the Game and the Additional Game functionality.
10.4. The Licensor has the right at any time without notice to the Licensee and without giving reasons to terminate this Agreement unilaterally out of court with immediate termination of access and the ability to use the Game and without reimbursement of any costs, losses or return of what was received under the Agreement, including in the event of:
10.4.1. closure of the Game;
10.4.2. any, including a single, violation by the Licensee of the terms of this Agreement or the Game Rules.
10.5. The Licensor has the right at any time without notice to the Licensee and without giving reasons to suspend access and the ability to use the Game without reimbursement of any costs, losses or return of what was received under the Agreement, including in the event of any, including a single, violation by the Licensee of the terms of this Agreement or the Game Rules.
10.6. The Licensee has the right at any time without notice to the Licensor and without giving reasons to terminate this Agreement unilaterally out of court by deleting the game account.
10.7. The Licensee agrees and fully acknowledges that all exclusive rights to the localized (translated into the appropriate language) Game, including game characters, game items and accessories, game coins, in-game valuables, graphic images, photographs, animations, video images, video clips, sound recordings, sound effects, music, textual content of the Game and other components of the Game, belong to the Licensor, unless otherwise expressly stated in the Agreement, on the Game's Internet site or in the Game itself.
10.8. The Licensee is not entitled to use any components of the Game and the Additional Game functionality outside the Game and gameplay without the written consent of the Licensor.
10.9. The Licensee understands, accepts and agrees that any element of the Game, in particular, any game characters, Additional Game functionality, is an integral part of the Game as a computer program and is protected by copyright. Despite the fact that the Licensee is granted the rights to use the Game and the Additional Game functionality and during the gameplay and participation in the Game he is allowed to control such game characters, including the development of such characters during the Game and gameplay, such control and development of the character in the Game is not and cannot be construed under any circumstances as a transfer and/or assignment of the exclusive right in relation to this game character from the Licensor to the Licensee. Such control and development of the character in the Game also is not and cannot be construed as the authorship of the Licensee in relation to the game character and/or co-authorship of the Licensee and the Licensor in relation to the game character.
10.10. This Agreement does not provide for the assignment of any exclusive rights or the grant of an exclusive license to any components of the Game and/or Game Resources from the Licensor to the Licensee.
10.11. If, in accordance with the laws of his state, the Licensee is prohibited from using computer games online or there are other legislative restrictions, including restrictions on the age of access to such software, the Licensee is not entitled to use the Game. In such case, the Licensee independently bears responsibility for using the Game on the territory of his state in violation of local law.
10.12. This Agreement may be changed by the Licensor without any prior notice. Any changes to the Agreement made by the Licensor unilaterally come into force on the day following the day of publication of such changes on the Licensor's Internet site. The Licensee is obliged to independently check the Agreement for changes. Failure by the Licensee to take actions to familiarize himself with the Agreement and/or the amended version of the Agreement cannot serve as a basis for the Licensee's failure to fulfill his obligations and the Licensee'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 the prescribed manner by a court decision that has entered into force, does not entail the invalidity of the entire Agreement for the Parties. If one or more provisions of the Agreement are recognized as invalid in the prescribed manner, the Parties undertake to fulfill the obligations assumed under the Agreement in a manner as close as possible to that intended by the Parties when concluding and/or agreeing to amend the Agreement.
10.14. This Agreement and the relationship between the Parties in connection with this Agreement and the use of the Game are governed by the laws of the United States of America.
10.15. With regard to the form and method of concluding this Agreement, the rules governing the procedure and conditions for concluding a contract by acceptance of a public offer apply.
10.16. All disputes between the parties under this agreement are subject to resolution through correspondence and negotiations using a mandatory pre-trial (claim) procedure. In the event that it is impossible to reach an agreement between the parties through negotiations within 60 (sixty) calendar days from the date the other Party receives a written claim, the dispute shall be submitted by any interested party to a court of general jurisdiction at the location of the Licensor (with the exclusion of jurisdiction of the case to any other courts).
10.17. For questions related to the execution of the Agreement, please contact the address of the Licensor: 528 Seven Bridge Road Suite 116 East Stroudsburg PA 18301 Monroe.
Xcraft Inc, hereinafter referred to as the "Administrator", publishes this Agreement defining the procedure for providing organizational and technical services, which is a public contract-offer (official proposal) to any interested person who agrees with the terms of this Agreement and the Rules for participation in the online game "Xcraft", and hereinafter referred to as the "User".
1. Subject of the contract
The Administrator provides the User of the online game "Xcraft" with organizational and technical services, hereinafter referred to as the "Service", which represent a limited list of additional options (technical capabilities), the volume and cost of which are defined in the "Premium" section of the site xcraft.net.
2. Acceptance of the contract
2.1. By authorizing in the game project, the User confirms that he has reached the age of 18.
2.2. The fact of authorization (identification) of the User on the Administrator's website (entering the User's unique identifiers on the registration page and/or any login page), as well as the User's payment for the Service and registration in the game, constitutes full and unconditional acceptance of the terms of this Agreement, as well as the Participation Agreement, which are published on the Administrator's server at https://xcraft.net/rules.html, and the User, in accordance with the laws of the United States of America, is considered as a person who has entered into a contractual relationship with Xcraft Inc.
3. Procedure for providing the Service
3.1. To fulfill its obligations under this Agreement, the Administrator requires the User to undergo a preliminary registration procedure on the Administrator's server, which consists of filling in the mandatory data fields of the registration forms located at: https://xcraft.net. The Administrator is not responsible for the completeness and accuracy of the information provided by the User.
3.2. The registered User selects the volume, duration and cost of the Service provided to him by the Administrator using the order form placed in the "Premium" section. Payment for the Service is made by transferring an amount equal to the cost of the selected volume of the Service to the Administrator's account. The concept of "Service" implies the use of the service of transferring funds into Units of rights to use the Additional Game functionality is not a prerequisite for the User's participation in the Game, or for obtaining the rights to use the Game as a whole. The rights to use the Additional Game functionality are provided at the request and desire of the User.
The data necessary to receive payment for the service of transferring funds into Units of rights are indicated by the User during pre-registration and, if necessary, are clarified on the payment page of the Administrator's website after submitting an order to issue an invoice.
All data you enter on the payment form of our bank's processing center is fully protected in accordance with the requirements of the PCI DSS security standard. We only receive information about the payment you have made.
3.3. Within a day after the receipt of the payment amount for the service of transferring funds into Units of rights, the User is provided with the technical ability to use the selected volume of the Service. The Administrator is not responsible for the condition of the User's technical means, if it excludes or limits his ability to use the paid volume of the Service.
3.4. If the User has claims regarding the volume and quality of the Service, he must immediately notify the Administrator by email support@novaart.ru, providing his identification data, the time of occurrence of the claims, and justify them. The User acknowledges that the Administrator may not be able to verify the validity of a claim made more than three days after its occurrence. The Administrator, within 5 (five) days from the date of receipt of the claim, sends the User his conclusion on the claim received, and if he finds it justified, offers the User a method of compensation for the inconvenience caused.
3.5. The Administrator's services are considered provided in full and with proper quality, if during the period of provision of the Service the User has not submitted a written justified claim to the Administrator in accordance with the requirements of clause 3.4.
3.6. In the event of full or partial non-use of the Service by the User during the period of its provision, the services under this Agreement are considered rendered in full.
4. Obligations of the User
In order to properly fulfill the terms of this Agreement, the User is obliged to:
4.1. Correctly perform the procedure for registering a new user on the Administrator's website. In case of changes in contact details and other essential information, make timely changes to the registration form, and if impossible, notify the Administrator by email support@xcraft.net or through the feedback form on the page https://xcraft.net/index.php?do=pm&doaction=newpm&user=1.
4.2. Not disclose or transfer to third parties his identification data by which the user can be authorized on the Administrator's server.
4.3. Not use the Service provided by the Administrator for commercial purposes.
4.4. Respect the copyrights of the Administrator and other copyright holders, not copy or transfer to third parties any substantial part of the information content of the Administrator's website. Not use the Service for purposes that violate the copyright of third parties.
4.5. Independently familiarize himself with this Agreement and the Participation Rules, as well as with possible changes and additions to them, which are announced by the Administrator on the main page of the site https://xcraft.net.
4.6. Independently provide the technical ability to use the Service on his part, such as access to the Internet, availability of software compatible with data transfer via the https protocol and other necessary means.
4.7. Make timely payment for the Service and keep documents confirming payment for at least the entire period of use of the Service.
4.8. Be responsible for receiving and disseminating information using technical means that ensure the use of the Service, in accordance with the laws of the User's place of residence, as well as the current laws of the United States of America.
5. Obligations of the Administrator
In order to properly fulfill the terms of this Agreement, the Administrator is obliged to:
5.1. Provide the User with the opportunity to use the Service in accordance with section 3 of this Agreement.
5.2. Maintain the confidentiality of the data provided by the User, and not transfer contact information about him to third parties, unless such information is publicly available at the User's request, except by court decision or otherwise provided by law.
5.3. Inform the User by posting on the Administrator's website and/or by emailing messages of essential information regarding the terms of provision of the Service.
6. Termination and suspension of the Service
6.1. The Administrator has the right to terminate the provision of the Service if the User violates the terms of this Agreement or the requirements of the Participation Rules, resulting in the User causing damage to the Administrator or third parties (including other participants of the online game), or if there is a threat of such damage as a result of the User's actions.
6.2. The Administrator may suspend the User's access to the Service as a whole or to any part thereof without prior warning if the User is directly involved in actions that the Administrator reasonably believes violate the Participation Rules.
6.3. The Administrator may suspend the User's access to the Service and delete the game account if he has not logged in for more than 30 days.
7. Liability of the parties
7.1. The User is responsible for all accesses to the Service and actions taken by him using the technical capabilities provided by the Service, and as a result assumes full responsibility and possible risks associated with the use of the Service provided by the Administrator.
7.2. The Administrator is not responsible for the result of using or the usefulness of the services provided within the scope of the ordered Service, nor for the quality of access to the Service via the Internet. In case of discrepancy between the composition of services provided within the scope of the ordered Service and the User's needs, he may stop using it, while the funds spent are not returned or compensated in any other way, since the service of transferring funds into Units of rights is considered executed and completed from the moment the Units are credited to the User's in-game account.
7.3. The User assumes full responsibility for the safety of the identification data providing access to the Service and for any losses that may arise due to unauthorized use of his access.
7.4. Under no circumstances is the Administrator liable for direct or indirect damage caused to the User during the period of use or inability to use the Service, in particular, incurred as a result of errors, omissions, interruptions in operation, deletion of files, changes in functions, defects, delays in data transmission, and similar events that occurred through no fault of the Administrator.
8. Change of terms and termination of the Contract
8.1. The Contract is valid from the moment of its acceptance until the moment the Administrator fulfills its obligations.
8.2. This Agreement, the Participation Rules and the rates are official documents of the Administrator. The current version of each of these documents is posted on the Administrator's website.
8.3. The Administrator has the right to change the terms of this Agreement and its Appendices, adjust current rates, introduce new Appendices to this Agreement at any time.
Any change in prices is allowed for any services, including those already paid for.
8.4. The User bears the burden of checking for changes to the Agreement and the Participation Rules on the Administrator's website.
9. Dispute resolution
9.1. Claims of the User are accepted in writing or electronically (by e-mail: support@xcraft.net or through the feedback form https://xcraft.net/index.php?do=pm&doaction=newpm&user=1) no later than 3 (three) working days from the moment the dispute arises. Claims are considered within 5 (five) days, and the Administrator has the right to enter into correspondence with the User to clarify the nature and causes of the claims. Failure to receive a response to his request within three days, the Administrator has the right to regard as a withdrawal of the claim, in any case, a decision on each claim must be made within no more than 10 (ten) working days.
9.2. In the event of any disputes or disagreements related to the execution of the Contract, the Parties will make every effort to resolve them through negotiations between the Parties.
9.3. If disputes are not resolved through negotiations, the disputes shall be resolved in the manner established by the laws of the United States of America.
10. Additional conditions
10.1. The User independently monitors the moment of termination of the provision of the Service.
10.2. The User has the right to demand from the Administrator the resolution of problems with the provision of the Service, except in cases related to force majeure circumstances.
10.3. The Administrator has the right to send messages using both the technical means provided within the Service, and by sending them directly to the User's email. The Administrator notifies the User that messages may not be directly related to the Service, but the User has the opportunity at any time to refuse to receive such messages using commands or settings that the Administrator undertakes to communicate to the User.
10.4. If the User does not agree with at least one clause of the User Agreement and the Game Rules, then he has no right to continue using the Services and must immediately leave the Game Site.
10.5. Registration of the User implies acceptance of all the terms of the User Agreement and the Game Rules, and also entails the User's lack of rights to claims regarding the terms stipulated in the above documents.
11. Force majeure circumstances
11.1. The Administrator is released from liability for full or partial non-fulfillment of obligations under this Agreement, if such non-fulfillment is a consequence of force majeure ("force majeure"), that is, extraordinary and unavoidable by the Parties under the given circumstances, including riots, prohibitive actions of the authorities, natural disasters, fires, catastrophes and other force majeure circumstances, as well as:
11.1.1. Power supply interruptions;
11.1.2. Global disruptions in the Internet;
11.1.3. Routing system failures;
11.1.4. Failures in the distributed domain name system;
11.1.5. Failures caused by hacking and DOS attacks, as well as other illegal actions of third parties;
11.2. The Administrator is obliged, if technically feasible, to notify the User of the existence of force majeure circumstances by email and/or by posting on the main page of the site xcraft.net within 7 (seven) days after their occurrence.
11.3. If the occurrence of the relevant force majeure circumstances directly affected the Administrator's fulfillment of obligations within the time period established by this Agreement, this period is proportionally extended for the duration of the relevant circumstances.
11.4. If the impossibility of fulfilling obligations under this Agreement lasts for more than 3 (three) months, this Agreement is considered terminated without compensation for damages.
You agree that after successful payment you will not submit disputes or claims to payment aggregators.
Refunds for orders are made only to the details from which the payment was made (bank card or e-wallet).
You can apply for a refund within 7 days from the date of order/replenishment.
In case of suspicious or fraudulent actions, your subscription may be suspended.
Refunds are possible at the user's request to the support service.
We are not responsible for the commission of payment aggregators, but we notify the user of possible commissions when withdrawing funds from the account.
Xcraft Inc undertakes to maintain the confidentiality and security of your personal data.
This privacy policy describes how we collect and use your personal data when you use our mobile applications, online games, websites.
It applies to all end users, including users of paid and free services.
I. Introduction
Xcraft Inc (hereinafter "we") is the data controller with respect to your personal data, undertakes to protect and respect your privacy and personal integrity when using mobile applications, online games, portals and websites offered by us (hereinafter collectively referred to as the "Services"). This Privacy Policy will help you understand what personal data we collect about you, why we collect it and how it is used by us. It explains how you can exercise your rights when you entrust us with the processing of your personal data. Please take the time to read this Privacy Policy carefully and familiarize yourself with its content. If you have any questions, you may contact us using the contact information provided at the end of this Privacy Policy.
We offer our services only to players who are at least 21 years old. Therefore, we intentionally do not transfer or request personal data from children under the age of 21.
II. Name and address of the data controller
The data controller is: Xcraft Inc, legal address 528 Seven Bridge Road Suite 116 East Stroudsburg PA 18301 Monroe, email support@novaart.ru.
III. General information on data processing
1. Scope of personal data processing
In general, we record only the personal data that you disclose when using the Services during login or registration and possibly during the use of paid services. Personal data is data that contains information about personal or factual circumstances. When logging in and registering as a user on our website, you only need to provide an email address and, where applicable, a username and password. The password is stored in encrypted form, which prevents the actual password from being obtained.
2. Legal basis for personal data processing
Subject to obtaining the consent of the data subject for the processing of personal data, the applicable laws of the United States of America in the field of personal data protection, including applicable federal and state laws (including CCPA/CPRA), governing the obtaining of consent and the processing of personal data, serve as the legal basis for the processing of personal data.
When processing personal data necessary for the performance of a contract to which the data subject is a party, the legal basis is the applicable laws of the United States of America in the field of personal data protection, including applicable federal and state laws (including CCPA/CPRA). This also applies to processing necessary for the performance of pre-contractual actions.
If the processing of personal data is required to fulfill a legal obligation assumed by our studio, the legal basis is the applicable laws of the United States of America in the field of personal data protection.
If the processing of personal data is required in connection with the vital interests of the data subject or another natural person, the legal basis is the applicable laws of the United States of America in the field of personal data protection.
If the processing is required to protect the legitimate interests of our studio or a third party, and if the interests, fundamental rights and freedoms of the data subject do not override the aforementioned interests, the legal basis for data processing is the applicable laws of the United States of America in the field of personal data protection.
3. Deletion of data and duration of storage
The personal data of the data subject is deleted or blocked after the purpose of data storage has been achieved. In addition, such storage may occur if it is provided for by the European or national legislator in legislative acts of the United States of America, laws or other regulations to which the data controller is subject. Blocking or deletion of data also occurs after the expiration of the above storage period, unless further storage of the data is required for the conclusion or performance of a contract.
4. Data security
Xcraft Inc makes reasonable efforts to prevent unauthorized access to your personal data, unauthorized use or falsification of this data, and to minimize corresponding risks. However, the provision of personal data, whether in person, by phone or via the Internet, inevitably involves certain risks, and no technological system is absolutely secure against manipulation or sabotage.
Xcraft Inc processes information received from you in accordance with the data protection laws of the United States of America. All employees are required to comply with the provisions on data secrecy and data protection, and have received appropriate instructions. Your data is transmitted in encrypted form using SSL encryption technology.
IV. Submission of push notifications
1. Description and scope of data processing
If you select the appropriate settings on your device, Xcraft Inc may send push notifications to your mobile device to provide you with game update messages and other relevant news.
2. Legal basis for data processing
The legal basis for data processing in the presence of a contract is the laws of the United States of America in the field of personal data protection, including applicable federal and state laws (including CCPA/CPRA), governing the obtaining of consent and the processing of personal data.
3. Purpose of data processing
Push notifications are special messages that are displayed directly on your mobile device. The notifications contain, for example, information that the construction of one of your buildings in the game has been completed. As a rule, push notifications contain short messages on a specific topic.
4. Storage duration
Messages are not stored.
V. Use of cookies
1. Description and scope of data processing
In order to obtain the most relevant information and provide the best service when visiting the website, information and data will be collected using cookies. This helps us (and other authorized third parties) to provide you with personalized offers when you visit our website, and also allows us to improve our Services and ensure that you easily find what you want. We want you to understand what and how we use cookies. Therefore, we explain what types of technologies we use, what they do, and what options you have regarding their use.
Cookies are small pieces of data (text files) that are sent to your browser from a web server and stored on your device so that the website can recognize your device. There are two types of cookies: persistent and temporary (or "session") cookies. Persistent cookies are stored as a file on your computer or mobile device for a long period of time. Session cookies are temporarily placed on your computer when you visit our website, but are erased when you close the page. If you do not want to accept cookies, you can change the settings in your web browser's security preferences, as described below.
We and our service providers may use the following categories of cookies:
a) Essential Cookies
These cookies are necessary for the provision of our services. For example, we may use these cookies to authenticate and identify our members when they log into our website to enable them to use our Services. Without these cookies, we would not be able to recognize you, and you would not be able to access our Services. They also help to ensure compliance with the Terms of Use and the security of our Services.
b) Performance and Functionality Cookies
These cookies are not strictly necessary, but allow us to personalize your use of our website. For example, they allow us to remember your preferences, meaning that you do not need to re-enter information that you have already provided, such as when logging into our Services. We also use these cookies to collect information (such as popular pages, standard views, clicks) about our visitors' use of our Services, to improve our website and Services, and to conduct marketing research. If you choose to delete these cookies, the functionality of our Services when you use them will be limited.
c) Advertising Cookies
These cookies use information about your use of our website and other websites, such as the pages you visit or your response to advertisements, to serve advertisements that are relevant to your interests, both on and off our website. This type of advertising is called "personalized advertising". Many of these types of cookies belong to our service providers. For information about third-party advertisers, see below.
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is the applicable laws of the United States of America in the field of personal data protection, including applicable federal and state laws (including CCPA/CPRA), governing the obtaining of consent and the processing of personal data.
VI. Transfer of personal data to third parties
Xcraft Inc will transfer your personal data and/or data related to payment for services to third parties, i.e., companies cooperating with Xcraft Inc or third-party service providers, to the extent necessary for the performance of the contract, for processing payments, and for the protection of other users, and as permitted or required by law.
In addition, your personal information will be transferred if such transfer is necessary to protect other users, counter threats to state or public security, or for criminal proceedings, and if such transfer is permitted by legal regulations related to data protection. Your legally protected interests will be taken into account in accordance with legal regulations. Please note that Xcraft Inc may be required to disclose data in accordance with legal regulations or, for example, in accordance with a court order (e.g., in the case of disclosure to investigative authorities). Disclosure of information always occurs only to the extent necessary and as permitted or required by law.
VII. Use of third-party login services ("social login")
We offer the ability to log into our services through social networks. If you use this login, no additional registration is required. To log in, you will be redirected to your social network, where you can log in with your user data. This links your social network profile and our service. Through this link, we automatically receive information from your social network. The following information is transmitted to us: email address.
This information is mandatory for concluding a contract in order to identify you. Additional information about your social network and privacy settings can be found in the data privacy policy on your social network's website.
VIII. Rights of the data subject
If your personal data is processed, you are a data subject as defined by the laws of the United States of America, and you have the following rights with respect to the data controller:
1. Right to information
You may ask the data controller to provide you with confirmation of whether personal data concerning you is being processed.
If such processing exists, you may request that the data controller provide you with the following information:
the purposes for which your personal data is being processed;
the categories of personal data being processed;
the recipients and/or categories of recipients to whom the relevant personal data has been or continues to be disclosed;
the planned duration of storage of your personal data or, if specific information cannot be provided, the criteria for determining the storage duration;
the existence of the right to request from the data controller the rectification or deletion of personal data, or the restriction of processing of personal data concerning the data subject, or the right to object to such processing;
the right to lodge a complaint with a supervisory authority;
in the event that personal data is not collected from the data subject, any available information about its source;
the existence of automated decision-making, including profiling, referred to in Articles 22(1) and (4), and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this regard, you may request to be informed about the applicable guarantees in accordance with the Standard Contractual Clauses, as well as the applicable norms of the laws of the United States of America in connection with such transfer.
We will respond to requests within one month of receiving the request.
2. Right to rectification
You also have the right to obtain from the data controller the rectification and/or completion of data, provided that the processed personal data concerning you is incorrect or incomplete. The data controller is obliged to carry out the rectification immediately.
3. Right to restriction of processing
Under the following circumstances, you may request restriction of the processing of personal data concerning you:
if the accuracy of the personal data is contested by the data subject for a period enabling the data controller to verify the accuracy of the personal data;
if the processing is unlawful and you oppose the deletion of the personal data, requesting instead the restriction of their use;
if the data controller no longer needs the personal data for the purposes of processing, but you require them for the establishment, exercise or defense of legal claims;
if you have filed an objection to processing in accordance with the laws of the United States of America (including CCPA/CPRA), and it has not yet been determined whether the legitimate grounds of the data controller override your interests.
If processing has been restricted, such personal data may, with the exception of storage, be processed only with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest of the United States of America, the European Union or a Member State of the EU.
If restriction of processing has been imposed under any of the above circumstances, the data controller will inform you before the restriction is lifted.
4. Right to deletion
You have the ability to delete your account yourself. After that, we will delete all your personal data, provided that we are not legally required to retain it.
a) Obligation to delete
You have the right to request that the data controller delete all personal data concerning you without undue delay, and the data controller will be obliged to delete the personal data without undue delay, provided one of the following grounds applies:
The personal data concerning you is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
You have withdrawn your consent on which the data collection was based, in accordance with applicable laws of the United States of America, including state laws and federal acts governing the obtaining of consent and the processing of personal data, and there is no other legal basis for their processing.
You have filed an objection to processing in accordance with applicable laws of the United States of America and there are no overriding legitimate grounds for the processing, or if you have filed an objection to processing in accordance with the laws of the United States of America, including the CAN-SPAM Act, CCPA and other applicable acts.
The personal data concerning you has been unlawfully processed.
The personal data concerning you must be deleted in order to comply with a legal obligation under the laws of the United States of America.
The personal data concerning you was collected in connection with the offer of information society services referred to in the Children's Online Privacy Protection Act (COPPA).
b) Information for third parties
If the data controller has made public the personal data concerning you and is obliged, under the laws of the United States of America, to delete the personal data, the data controller, taking into account available technology and the cost of implementation, must take reasonable steps, including technical measures, to inform controllers processing the personal data that you, as the data subject, have requested the deletion of links to, copies of, or reproductions of this personal data by such controllers.
c) Exceptions
The right to deletion does not apply where processing is necessary for the purposes of:
exercising the right to freedom of expression and information;
complying with a legal obligation of processing provided for by the laws of the United States of America to which the data controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;
public health purposes in accordance with Section 5 of the FTC Act, CCPA/CPRA, HIPAA/GLBA, as well as Section 5 of the FTC Act / HIPAA / GLBA / FERPA;
archiving, scientific or historiographical research, or for statistical purposes in the public interest in accordance with Section 5 of the FTC Act + CCPA/CPRA, HIPAA, GLBA, subject to compliance with the rights provided for by law;
the establishment, exercise or defense of legal claims.
5. Right to notification
If you assert the right to rectification, deletion or restriction of processing with respect to the data controller, the latter is obliged to notify all recipients to whom the personal data concerning you has been disclosed of such rectification, deletion or restriction of their processing, unless this proves impossible or involves a disproportionate effort.
You have the right to receive information about these recipients from the data controller.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, commonly used and machine-readable format. In addition, you have the right to transmit this data to another data controller without hindrance from the data controller to whom the personal data was provided, provided that:
(1) The processing is based on the consent of the data subject in accordance with applicable privacy laws of the United States of America, or is necessary for the performance of a contract with the data subject in accordance with applicable laws of the United States of America, including Section 5 of the Federal Trade Commission Act (FTC Act) and relevant industry regulations (HIPAA, GLBA).
(2) The processing is carried out by automated means.
In exercising this right, you have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. These actions must not adversely affect the rights and freedoms of others.
The right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
7. Right to object
You have the right to object to the processing of personal data concerning you on grounds relating to your particular situation, at any time, on the basis of the laws of the United States of America, including profiling based on these provisions.
The data controller will no longer process the personal data unless the data controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
If personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing purposes, including profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means.
8. Right to withdraw consent under data protection law
You may withdraw your declaration of consent under data protection law at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. The above does not apply if the decision:
(1) is necessary for entering into, or performance of, a contract between you and the data controller;
(2) is authorized by the laws of the United States of America to which the data controller is subject and which also lays down suitable measures to safeguard your rights, freedoms and legitimate interests;
(3) is made with your explicit consent.
Decisions referred to in point (2) shall not relate to special categories of personal data (e.g., medical, financial, or data concerning children), except where processing is permitted on the basis of the data subject's consent or another legal basis in accordance with applicable laws of the United States of America, including CCPA/CPRA, HIPAA, GLBA or other industry regulations, and provided that appropriate measures are taken to protect your rights, freedoms and legitimate interests.
In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights, freedoms and legitimate interests, which includes, at a minimum, the right to obtain human intervention on the part of the data controller to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the state of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data relating to you violates applicable laws of the United States of America.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
IX. Final provisions
Xcraft Inc may change these data protection provisions at any time. Xcraft Inc will notify any such changes through appropriate channels.