Wrongful behavior user and violation copyright rightWe care about your safety. If you believe that another user has acted inappropriately (in violation of these Terms or otherwise engaged in abusive, violent, harassing or dangerous behavior), please report it to the appropriate authorities immediately and email us at babyhostmaster@gmail.com.
We respect the intellectual property rights of others. If you believe that your work has been copied in a copyright infringement or that your intellectual property rights have been otherwise infringed, please provide the following information in writing to our Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of copyright holder; ( ii ) a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if a single notice covers multiple infringing works on a single site, a representative list of such works on that site; ( iii ) a description of the material that you claim is infringing or infringing activity and sufficient information to enable us to locate the material; ( iv ) information to contact you, such as address, telephone number and email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; ( vi ) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Please note that anyone who intentionally misrepresents that materials or activities infringe copyright may be held liable.
We will respond to clear notices in accordance with this section. Please be advised that we only remove or replace User Content in accordance with applicable law and that we have a policy that will block users who repeatedly violate rights in appropriate circumstances.
If you believe that your User Content was removed in error and that you have the right to post it, you may send us a counter notification. To be effective, a counter notice must be a written communication provided to our copyright agent that includes the following basic information: (i) your physical or electronic signature; ( ii ) identification of the content that was removed or access to which was disabled and the location in which it appeared prior to such removal or disablement; ( iii ) a statement, with a penalty of perjury notice, that you have a good faith belief that the content was removed or disabled as a result of error or misidentification, and ( iv ) your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the jurisdiction in which the address is located or, if your address is outside the United States, for any jurisdiction in which you might otherwise be a subject, and that you accept a notice of legal proceedings from the person who provided the notice of infringement or from such person's agent.
suspension and termination useIf we have reason to believe that you have violated or violate these conditions, the conditions for using the platform or norms of current legislation, or that your account is used or can be used by the indicated way, or in other cases, as we have established in our own Discretion, we have the right, at our own discretion, without prejudice to any legal means of protection that we or any other person (for example, platform) due to the above, fully or partially (without prior notice) cancel or delete your account OR LIMIT OR SUSPEND YOUR ACCESS TO THE SERVICE (INCLUDING WITHOUT LIMITING OR WITHDRAWING YOUR RIGHTS TO OR ACCESS TO CERTAIN GAMES, GAME CONTENT OR ANY OF THEIR FEATURES AND FEATURES). IN THIS EVENT, YOU WILL LOSE ALL VALID RIGHTS OR LICENSE TO USE THE GAME CONTENT, INCLUDING VIRTUAL ITEMS, AND WE ARE NOT OBLIGED TO REFUND YOU FOR DAMAGES OR LOSSES OF ANY KIND THAT YOU OR OTHER PERSONS MAY ATTEMPT TO RESPOND TO. If you have more than one Account, Nikita Dolya may terminate all of your Accounts.
We reserve the right to terminate an Account with inactivity for at least 365 consecutive days. Upon closing, deleting or otherwise terminating your Account, you will not receive any money or other compensation for Game Content (including Virtual Items) associated with your Account, whether such actions were voluntary or involuntary.
Nikita Dolya also reserves the right, without notice, at any time and at its sole discretion, to make improvements, corrections, additions, improvements, improvements to the Service and make other changes to the Service, as well as temporarily or permanently terminate the provision of the Service (or any part of it, including any available feature or functionality of the Service).
In case Nikita Dolya will terminate your Account, you will not be able to use or access the Service again without the express consent of Nikita Dolya . Nikita Dolya reserves the right to refuse any person to create an Account and access the Service or other services. You may not allow persons whose Accounts have been canceled by us to use your Account. If you believe your Account has been mishandled, please contact us at babyhostmaster@gmail.com.
Refusal from guaranteesYOU USE SERVICE ON THE MINE FEAR And RISK. YOU ARE YOUR RESPONSIBILITY TO VERIFY THAT YOUR USE OF THE SERVICE IN THE COUNTRY WHICH YOU RESIDE IS PERMITTED UNDER LOCAL LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS". Nikita Dolya , its officers, directors, employees and agents disclaim all express and implied warranties with respect to the Service and its use, including the implied warranties of merchantability, legal title , unhindered use, fitness for a particular purpose, and non-infringement of third party rights. persons, usefulness, validity, accuracy, completeness and timeliness.
Nikita Dolya makes no warranties or representations regarding the accuracy or completeness of the content of the Service or the content of any sites linked to the Service, and assumes no responsibility or liability for: (i) errors, omissions or inaccuracies in the content; ( ii ) personal injury or property damage of any nature arising from your access to and use of the Service; ( iii ) unauthorized access to Nikita secure servers Dolya and any personal or financial information stored on them, as well as unauthorized use of said servers and information; ( iv ) interruption or termination of transmission of data to or from the Service; (v) any bugs, viruses, Trojan horses or similar malicious code that may be transmitted to or through the Service by third parties; ( vi ) errors and omissions in content, and losses and damages of any kind incurred as a result of the use of content that was posted, emailed, transmitted or otherwise distributed through the Service; ( vii ) errors, failures or delays in data transmission or network connections due to your access to or use of the Service.
In the event of a malfunction or failure of the Service that prevents you from completing the Game that you started playing, we may allow users to re-join the Game before it ends. We reserve the right, at our sole discretion, to decide whether to grant such a right in the event of a malfunction or failure of the Service. We also reserve the right to limit your participation in the Game or terminate your participation in the Service if, in our sole discretion, we determine that you have intentionally caused such malfunction or failure. We are not responsible for lost profits or other possible losses due to an unfinished game. The odds of winning and payouts in the Games are not the same as in similar casino games.
Refusal from requirements in compliance With legislation state California (USA)California, U.S. residents expressly agree to the waiver of California Civil Code Section 1542, which states: “The general waiver does not apply to claims the creditor did not know or suspect existed. existence at the time of making the waiver, which, if he knew about them, would significantly affect the settlement of obligations between him and the debtor.
Limitation responsibilityTo the maximum extent permitted by applicable legislation, we and our affiliated companies, subsidiaries, partners, officials, directors, employees, shareholders, agents, licensees, subcontractors and suppliers are not responsible to you and all other persons for any person for any Indirect, random, side, special, penalties or losses awarded in order of punishment, including lost profits and lost business opportunities, forced break in economic activity, unconstrained income, profit, loss of reputation, loss of use of data, loss of data and other types of intangibles Losses that in each case arise because of the use of your service or in any way are associated with the use of the service, or because of our other actions or inaction, even in case of awareness of the possibility of the occurrence of these losses on any legal grounds, whether on it. BASIS OF THE CONTRACT, CAUSED HARM OR FOR OTHER REASONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER NIKITA IN NO EVENT SHALL DOLYA , ITS AFFILIATES, PARTNERS, OFFICERS, AGENTS, LICENSORS, SUB-CONTRACTORS AND SUPPLIERS BE LIABLE TO YOU IN ANY AMOUNT EXCEEDING THE AMOUNT YOU PAY DOLYA DURING THE PERIOD OF THIRTY (30) DAYS IMMEDIATELY PRIOR TO THE DATE THAT YOU FIRST MAKE ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID DEVELOPER NIKITA Dolya any amount for a period of 30 (thirty) days directly previously previous by the date, in which you first presented any such claim, your only possible and exclusive means of legal protection in any dispute with Nikita DOLYA IS TERMINATION OF USE OF THE SERVICE AND TERMINATION OF YOUR ACCOUNT.
You recognize and agree that the refusal of guarantees and limiting liability under these conditions are significant contractual grounds for these conditions, and that they were taken into account and reflected in your decision on joining this Agreement.
Depending on the country in which you reside and use the Service, some of the restrictions contained in this section may be considered inappropriate. In this case, they do not apply to you, but only if prohibited.
Reimbursement damage and release from responsibilityYou agree to indemnify Nikita Dolya and all e uj e affiliates, partners, agents, licensors, subcontractors and suppliers from all losses, liability, claims, demands, damages, costs and expenses, including reasonable legal fees, and indemnify Nikita Dolya and all of its affiliates, partners, agents, licensors, subcontractors and suppliers, all losses, damages, costs and expenses, including reasonable legal fees, arising from or in connection with the following:
(i) your use or misuse of the Service and access to the Service;
( ii ) your breach of any provision of these Terms;
( iii ) your breach of the representations, warranties and obligations contained in these Terms;
( iv ) your violation of any rights of any third party, including copyright, property rights or privacy rights;
(v) any claim that you have caused harm to a third party through your activities in connection with the Service.
Protection personal dataOur Privacy Policy -
http://babyhost.tilda.ws/privacy governs how we use, protect and disclose your personal information to others.
Applicable right and jurisdictionThe interpretation of these Terms is carried out in accordance with the legislation of the Russian Federation, excluding its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply under these Conditions. In the event that you have opted out of arbitration (in accordance with the provisions below), or if it is determined that the arbitration agreement does not apply to you or your claim, you and Nikita Dolya agrees that all litigation (other than as noted above) may only be heard in a court of competent jurisdiction in Krasnodar, Russia. You and Nikita Dolya agrees to the venue and subject matter jurisdiction specified above. Notwithstanding the foregoing, you and Nikita Dolya may bring an action in any court of competent jurisdiction (i) to enforce an arbitration clause pursuant to Section 16 below, or ( ii ) to enforce an award made in said arbitration.
Permission disputes and agreement on the individual arbitrationCAREFULLY DISCOVER FROM THE FOLLOWING SECTION, BECAUSE THE HE MAYBE OBLIGATE YOU And NIKITA DOLYA PERMIT CERTAIN DISPUTES And CLAIMS WAY INDIVIDUAL ARBITRATION And LIMITS WAYS, WHICH YOU And NIKITA DOLYA CAN PRESENT REQUIREMENTS FRIEND To TO A FRIEND.By accepting these Terms, and to the extent permitted by applicable law, you and Nikita Dolya agrees that all past, present and future disputes, claims and causes of action between you and Nikita Dolya arising in connection with these Terms, the Service, the formation of these Terms and all other disputes between you and Nikita Dolya or between you and Nikita 's licensors, distributors, suppliers and agents Dolya (including the stores and application platforms from which the Service is accessed or the Service is downloaded) arising before or after your consent to this section (collectively referred to as "
Dispute " or "
Disputes ") shall be governed by the procedure set forth below. You and Nikita Dolya further agrees that any arbitration under this section shall not be subject to class, class or representative action.
The term "
country " of residence ” for purposes of this section means the country of which you are a citizen or in which you are legally resident and the country from which you regularly access and use the Service. If more than one country falls within this definition, your Country of Residence is the country of which you are a citizen or the country in which you are legally resident, and if you are a citizen or legally resident in more than one country, your Country of Residence is the country with which you are most closely associated by reason of your permanent or most frequent residence.
(a)
Informal settlement disputes. Nikita Dolya strives to resolve your issues without having to resort to formal litigation. Before filing a lawsuit against Nikita Dolya , it is your responsibility to attempt an informal dispute resolution by contacting us at babyhostmaster@gmail.com. Similarly, if you provided us with an email address when registering your account, Nikita Dolya must do the same. In the event that the dispute is not resolved within 30 days of sending the dispute notification email, you or Nikita Dolya may initiate arbitration in accordance with the procedure below.
(b)
Consent both parties on the arbitration proceedings. By accepting these Terms, and to the extent permitted by applicable law, you and Nikita Dolya individually and jointly consents to the resolution of all Disputes, including Disputes relating to the enforceability, validity, subject matter or severability of this arbitration clause, through arbitration, the determination of which shall be binding and final on the parties, in accordance with the provisions of these Terms.
(c)
Rejection from arbitration reservations. You may opt out of this arbitration clause by sending an email to babyhostmaster@gmail.com within 30 days of first accepting these Terms and stating that you (please include your first and last name and Username in the letter) waive this arbitration clause. By waiving the arbitration clause, you will not be deprived of the opportunity to use the Service, but you and Nikita Dolya will not be allowed to use the mutual arbitration clause to resolve disputes in accordance with the provisions of these Terms.
(d)
Exceptions from agreements about arbitration.(d.1 ) If your Country of Residence is the United Kingdom, Switzerland or the European Economic Area, notwithstanding your agreement and the Nikita Agreement Dolya on Arbitration of Disputes, either you or Nikita Dolya can also file appropriate claims through the small claims courts in your country of residence.
(d.2) If your Country of Residence is not the United States, United Kingdom, Switzerland or the European Economic Area, notwithstanding your agreement and Nikita 's agreement Dolya Arbitration Disputes, you or Nikita Dolya may also bring suit in court in Krasnodar, Russia or, if the court in your country of residence does not recognize such a claim (notwithstanding the provisions of this section), in small claims court or similar court in your country of residence.
(e) Arbitration procedures and fees.(e.1) If your Country of Residence is the United States of America, you and Nikita Dolya agrees that the arbitration will be conducted by the American Arbitration Association (“
AAA ”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Disputes in effect at the time the arbitration is filed (“
Rules ”). AAA "). These rules are available at
www.adr.org . The arbitration will be conducted on an individual basis by a sole arbitrator in accordance with the specified rules. You and Nikita Dolya further agrees that, unless prohibited by the AAA Rules and to the extent prohibited only to the extent of the prohibition, the arbitration will be conducted in New York, New York, or, at your option, by telephone or other electronic means of communication. Payment of all arbitration fees is subject to the AAA Rules. If your country of residence is the United States of America, this section (“Dispute Resolution and Consent to Individual Arbitration”) shall be construed and governed by the Federal Arbitration Act, without regard to any other choice of law provisions of this Agreement. The arbitrator shall have the right to award any remedy, including injunctive relief, that would be available to you in an individual litigation and which cannot be waived under applicable law. Notwithstanding anything to the contrary in this Section 20(e)(1), if a party obtains an injunction that would materially affect other Nikita users Dolya , as reasonably determined by either party, the parties agree that such arbitration will be conducted on an individual basis but will be conducted by a panel of three (3) arbitrators. Each party chooses one arbitrator, and the two arbitrators chosen by the party choose a third arbitrator who will act as chairman of the arbitration panel. This chairman must be a retired judge or an attorney licensed to practice law and experienced in arbitrating or mediating disputes. In the event of a dispute as to whether the threshold for appointing a panel of three arbitrators has been met, the sole arbitrator appointed under this section shall decide. If the arbitrator decides that a three-person panel is appropriate, the arbitrator may, if chosen by either party or as chairman by two parties chosen by the arbitrators, sit on the arbitration panel. Except as otherwise provided by law, the arbitration and any award thereof shall be confidential.
(e.2) If the United States of America is not your Home Country, you and Nikita Dolya agrees that the arbitration will be conducted in the Center for Arbitration and Dispute Resolution ( Center of Arbitration and Dispute Resolution ) (
www.israelcourts.co.il ) (hereinafter -
CADR ) in accordance with its rules in force at the time of filing for arbitration, as well as the Arbitration Law 5728-1968 (as amended and supplemented). The arbitration will be conducted on an individual basis by a sole arbitrator in accordance with the specified rules. Information regarding the arbitration and the award of the arbitration are confidential. You and Nikita Dolya further agrees that the arbitration will be conducted in Russian in Krasnodar, Russia or, at your option, the arbitration will be conducted by telephone or other electronic means. Payment of all arbitration fees is subject to the CADR Rules.
(f)
Individual arbitration proceedings. Regardless of your Country of Residence or the rules of a particular arbitration instance, you and Nikita Dolya agrees that any Dispute will be arbitrated on an individual basis and neither you nor Nikita Dolya is not entitled to bring any class, class, class, coordinated, consolidated or mass arbitration claim (each of which is referred to as a "Class Class")
. arbitration lawsuit "). Without limiting the generality of the foregoing, any claim to resolve a Dispute with Nikita Dolya will be considered a Class Action Arbitration if (i) 2 (two) or more similar arbitration claims are filed concurrently by one or more claimants or their representatives; ( ii ) Claimants have the same attorneys, have the same fees, or are in agreement in multiple arbitrations. The word "simultaneously" for the purposes of this provision means that both arbitration claims are simultaneously pending (filed but not yet decided).
(g)
Waiver from class lawsuit and Collective arbitration claim. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU OR NIKITA Dolya do not have the right to combine disputes, joining disputes or coordination of disputes that are carried out by other individuals or legal entities, or disputes leading against other individuals or legal entities, as well as to participate in any collective arbitration claims (as determined above) or PARTICIPATE IN ANY ARBITRATION AS A CLAIMANTS' REPRESENTATIVE IN CLASS CLAIMS, INCLUDING AS A CHARGE IN PUBLIC INTEREST, OR OTHERWISE SEEK DAMAGES SUFFERED BY A THIRD PARTY. THE PARTIES HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVE ALL SUCH RIGHTS IN ANY SUCH DISPUTE (AS DEFINITIOND ABOVE). Despite any provisions of this Agreement on the opposite, if the provisions of subsections E or F of this section (dispute resolution and consent to individual arbitration) will be completely or partially recognized as invalid or subject to use, the entire this section (resolution of disputes AND CONSENT TO INDIVIDUAL ARBITRATION) MAY, AT THE OPTION OF ANY PARTIES, BE VOID AND NON-INVALID.
third party sites and advertisingThe Service may contain links to products, services, applications and websites of third parties, mentions or advertisements of products, services, applications and websites of third parties, as well as materials provided by third parties that may encourage you to participate in a promotion in exchange for any functionality, benefit, Virtual Item, or upgrade. These links and references are provided solely as a convenience to you and your access to and use of any such websites, services, promotions and advertisements is at your own risk. We do not endorse, endorse, control, or recommend any of the above, and make no warranties or representations of any kind with respect to any of the above. Under no circumstances are we responsible for the information, content and materials contained in the above, for the applicable policies and procedures, privacy policy, or for your use or inability to use these websites, services and promotions and for information, received from such sites, services or promotions, as well as for any information collected about you by such websites/services. The inclusion of any link, promotion information or advertisement does not imply that Nikita Dolya recommends these linked websites, services or games and we do not imply, express or implied, that we endorse, are associated with, sponsor, endorse or affiliate with the linked site in any way if it does not specifically state otherwise. You expressly release us from any and all liability arising out of your use of any third party website. We encourage you to be careful when you leave the Game and read the terms and conditions and privacy practices of such third party websites, services, promotions and games that you visit or use.
Advertising stockWe may from time to time, in our sole discretion, offer limited-time promotions, contests, sweepstakes, and special offers, or promote any features or programs (including offers, travel experiences, and special gifts (whether virtual or real)) to anyone or only for certain, meeting certain criteria, Users (hereinafter - "
Offers ").
We are not obligated to offer any Offerings, and Users are not obligated to accept them. Offers are not transferable, expendable, or exchangeable for other items of value except at our sole discretion. If you accept any Offer, you may be required to sign a declaration of eligibility and release of liability, or sign other documents to receive the Offer. Some Offers include taxes and fees, travel or activities outside of the virtual world. All information related to the above will be provided to you prior to your acceptance of the offer. If you accept an Offer, you also assume all liability associated with such Offer. From time to time, we may solicit your feedback on certain features as part of a promotion or otherwise. Any feedback you provide at our request as part of a promotion or program is subject to the rules of the specific promotion or program.
You hereby agree and acknowledge that your acceptance of any Offer or participation in any promotion constitutes your consent to our use of your name, likeness, photograph, voice, opinions, hometown, state or province for our purposes and in our sole discretion in any media throughout the world without any payment or remuneration.
Application changes and additions in real TermsWe reserve the right, at our sole discretion, to revise these Terms and to make changes and additions to them at any time, and you agree that such changes and additions are binding on you. Users are required to periodically review these Terms. We indicate the last revised date at the beginning of these Terms and will notify you of material changes that affect your rights or obligations via in-app messages or by email if you provided us with an email address as part of your account information. By continuing to use the Service after making changes and additions to these Terms, you thereby agree to the new version of the Terms.
General provisions(a)
Intentions sides. If any provision of these Terms is found to be unenforceable by an arbitrator or a court of competent jurisdiction, such provision shall, to the minimum extent necessary, be limited or eliminated so that these Terms will remain in full force and effect substantially in accordance with the intent expressed therein.
(b)
Rules interpretation. These Terms shall be interpreted as follows: (i) the words "includes", "including" and related words should be understood as "includes without limitation" or "including without limitation"; ( ii ) unless otherwise indicated by the context, the word "or" has the same meaning as the phrase "and/or"; ( iii ) the section titles and other headings in these Terms are for reference purposes only and in no way affect the meaning or interpretation of these Terms; ( iv ) all references to laws or provisions of laws in these Terms include all amendments and additions to such laws or provisions of laws, or acts that supersede such laws or provisions of laws in effect at the time of entry into force of a particular provision of the Terms, along with all those in force on that moment by the rules or regulations published in accordance with the said laws or provisions of the laws.
(c)
Rejection from ensure forced compliance right and use legal measures. Any failure to enforce the rights under these Terms or any failure to take legal action for a breach of these Terms shall not be deemed a waiver by the non-defaulting party to subsequently enforce the rights or to subsequently take legal action for future violations. . All waivers of enforcement of rights and remedies must be in writing, and any waiver of enforcement of any provision of these Terms or failure to enforce any provision of these Terms in one instance shall not be deemed a waiver of enforcement of any other. provisions in any other case.
(d)
Completeness contracts; broadcast and assignment right and responsibilities. These Terms constitute the entire agreement between you and Nikita Dolya regarding their subject matter. You agree that Nikita Dolya shall have the right, in its sole discretion, to assign, in whole or in part , or assign the rights and obligations under these Terms to others, and that you may not assign or otherwise transfer your rights and obligations under these Terms to others without the prior written consent of Nikita Dolya . Any unauthorized assignment of rights and obligations is considered invalid, has no legal force and does not entail legal consequences.
(e)
Preservation provisions in strength. You agree that the sections below will survive termination of these Terms or termination of your Account, regardless of the reason for such termination or termination: “Intellectual Property Rights and License Granted to You”; “User reviews and the license granted to us”; "Disclaimer of Warranties"; "Limitation of Liability"; "Indemnification and Exemption from Liability"; "Applicable right"; "Indemnification and Exemption from Liability"; "General Provisions".
(f)
Official language. The original and primary version of these Terms is the English version. Translation of these Terms into other languages is provided solely for convenience and does not affect the meaning and application of these Terms.
(g)
Conditions for specific countries. Some countries may have additional or different terms for Users located in that country (“Country-Specific Terms”). If you are located in a country that has Country-Specific Terms that differ from these Terms, the Country-Specific Terms will govern only to the extent of any such difference.
(h) Information, support and questions. For information, support requests or questions, please send us an email to: babyhostmaster@gmail.com.
