TERMS OF USE

1) About these Terms

Please read these Terms of Use (the “Terms”) carefully. These Terms are a legal agreement and contain important information about your rights and obligations in relation to our Services (we refer to all of our websites, games and other services in these Terms together as the “Services”).

1.1 These Terms apply to the use of this Website, to download and/or access to our Games whether on your computer, on a mobile device or any other website, device or platform. These Terms also apply to any other Services that we may provide in relation to the Games or the Website, such as customer support, social media and community channels.

1.2 These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and RioShocK Inh. Pavlo Pastukhov, a German company with registered office address at Rodacher Straße 262c, 96450 Coburg, Bavaria, Germany, who develops and publishes mobile applications (“Games”) that can be downloaded from Google Play Store and provide services related to the Games. You agree that by accessing the Website or the Game or by using our Services, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO THIS TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND YOU MUST CEASE USE IMMEDIATELY.

1.3 Any additional terms and conditions or documents which are posted on the Services from time to time are hereby expressly incorporated into these Terms of Use by reference. We reserve the right, in our sole determination, to make changes or modifications to these Terms of Use at any time. We will notify you of any changes by updating the “last updated” date of this Terms of Use, and you agree to waive the right to be notified separately of any such change. It is your responsibility to check these Terms of Use regularly to be aware of any updates. By continuing to use the Services after the date of posting of the revised Terms of Use, you will be subject to the changes in the revised Terms of Use and will be deemed to have acknowledged and accepted them.

1.4 These General Terms of Use are shown when downloading the Game, within the Game and on the company’s Website. By downloading, installing, accessing or otherwise using our Services, you agree to be bound by these Terms of Use set out below and you confirm that:

1.4.1 you have read and understood these Terms and all other documents which are referred to herein, including but not limited to our Privacy Policy; and

1.4.2 you are at least 13 years old, otherwise you may not use our Services.

1.5 If you are a minor 13 years of age or older (depending on the applicable laws of your country), you must have your parent or guardian read and agree to these Terms of Use before using the Services. If you are the parent or guardian of a minor (generally over the age of 13 and under the age of 18), you agree to these Terms on behalf of yourself and your minor(s) whom you have authorized to use the Service in accordance with these Terms.

1.6 The information provided in connection with the use of the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in such jurisdiction or country. Accordingly, persons who access the Services from other locations do so on their own initiative and are entirely responsible for complying with local laws, if and as applicable.

1.7 These Terms of Use, combined with our Privacy Policy – Website, Privacy Policy – Games and Cookie Policy, form the complete agreement between you and RioShock Inh. Pavlo Pastukhov regarding your use of this Website, our Services and/or our Games.

2) Intellectual property

2.1 All the rights are reserved.

We are the owner or licensee of all intellectual property rights and we control all copyright in our Services, including all source codes, databases, functionalities, software, website designs, audio, video, text, photographic and graphic content of the Services (collectively, the “Content”), and the trademarks, service marks and logos contained therein (the “Marks”).

The Content and the Marks are presented in or through the Services “as is” only for your personal, non-commercial use.

2.2 As long as you comply with these Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, personal, revocable, limited license to access and/or use our Services (but not the related object or source code) for your personal, non-commercial use, in each case on the condition that such use is in accordance with these Terms. You agree not to use our Services for any other purpose. These Terms also apply to any updates or patches that we release or make available for the Services, and all such updates or patches shall be considered to be part of the Services for purposes of these Terms.

2.3 Any breach of these intellectual property rights constitutes a fundamental breach of our Terms of Use and your right to use our services will expire immediately. You agree to compensate us for all losses, damages, claims and costs that may result from your breach of these Terms in accordance with applicable law.

3) Third-party property

Our Services may contain hyperlinks or other references to the websites of third parties. We do not monitor or control the content of third party websites that are linked to from these Services. Products or services offered on other websites are subject to the applicable Terms and Conditions of these third parties. We do not necessarily share or endorse the opinions expressed or material appearing on these websites.

We are not responsible for the privacy policies or the content of these websites. You undertake all risks associated with the use of these websites and associated third party services. By deciding to leave the Services and to access any third party websites or use or install any third party content, you do this at your own risk and should be aware that these Terms of Use no longer apply. You should carefully review the applicable Terms and Policies, including the privacy and data collection policies, of each website you navigate to from the Services or relating to applications you use or install from the Services. In addition, any purchases that you make through third party websites will be made through other websites and by other companies, and we do not accept any responsibility in relation to such purchases, which are solely between you and the relevant third party. You agree and acknowledge that we do not approve of the products or services offered on third party websites, and you hold us harmless from any damage resulting from the purchase of such products or services. In addition, you indemnify us against any loss or damage you suffer in connection with third party content or through contact with third party websites. We accept no responsibility for any loss or damage of any kind arising from the disclosure of your personal data to third parties.

4) Your submissions

Please read this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand the rights you grant us and your obligations when you post or upload Content to the Services.

By submitting a question, comment, suggestion, idea, feedback or other information directly to us on the Services (“Submissions”), you agree to grant us a perpetual, irrevocable, worldwide, fully paid-up, non-exclusive, sub-licensable, royalty-free right and license to use the content and all elements hereof in any and all media, forms and formats now known or later developed. You agree that we own these Submissions and are entitled to their unlimited use and distribution for any lawful purpose, commercial or other, without compensation or acknowledgment to you. You represent and warrant that the content does not breach the copyright, trademark, patent, trade secret or other rights of any third party.

You are fully responsible for your Submissions and you expressly agree to compensate us for any losses we incur as a result of your breach of this section, the intellectual property rights of any third party or applicable law.

You grant us the unrestricted right to edit, adapt, translate, reformat, create derivative works from, rearrange and transmit, distribute, sell, sublicense, transfer, make available, publish and use the Content you submit, and all elements contained therein, in any and all media (whether now or hereafter existing), for any purpose and in perpetuity, without compensation to you.

5) Prohibited activities

5.1 You may not access or use the Services for any other purposes than those for which we provide the Services. The Services may not be used in connection with any commercial enterprise unless expressly approved or authorized by us.

5.2 As a user of the Services, you agree that you will not:

systematically collect data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission;
trick, cheat or otherwise mislead us and other users, particularly in an attempt to obtain sensitive account information;
denigrate, disparage or otherwise harm in our opinion us and/or the Services;
use the information you have obtained from the Services to harass, abuse or harm others;
unauthorized frame or link to the Services;
use the Services in a noncompliant manner with applicable laws or regulations;
remove the reference to copyright or other proprietary rights from the content;
use our support services improperly or submit false reports of abuse or misconduct;
upload or transmit (or attempt to upload or transmit) any virus, Trojan horse or other material, including excessive use of capital letters and spamming, that affects another party’s continued use and enjoyment of the Services or modifies, interferes with, disrupts, alters or disrupts the use, features, functions, operation or maintenance of the Services;
annoy, harass, threaten or intimidate our staff who provide any part of the Services to you;
duplicate, copy, adapt or modify the software of the Services, including but not limited to Flash, PHP, HTML, JavaScript or other code;
attempt to avoid measures implemented by the Services to prevent or restrict access to the Services or part of the Services;
use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any profit-generating or commercial enterprise;
play the Game(s) in commercial locations;
sell or transfer your profile to another party;
collect in-game currency, items or resources for sale/trade/exchange outside of our services
use third party services or systems to perform any prohibited illegal or fraudulent act under applicable law and/or these Terms;
provide in-game services, including, but not limited to, boosting accounts or power leveling, for payment or otherwise;
use the e-mail address of another natural person or legal entity to register for the use of our Services;
to organize, promote, facilitate or participate in any event that involves betting on the result or any other outcome of our Games, whether or not such behavior constitutes gambling according to the laws of any applicable jurisdiction, without permission;
disrupt or interfere with our services or networks or servers that provide our Services;
use any third-party software or other programs that may interfere with the systems of the Games of RioShocK or other users;
use our Services for abusive or fraudulent purposes (including, but not limited to, using our Services to misrepresent yourself as a natural or legal person or otherwise misrepresent your affiliation with a natural or legal person or our Services);
use other software or utilize programming errors that result or could result in the user receiving premium content in the games or other additional unintended benefits for which the user has not signed a premium contract, thus obliging the user to pay the fee for this premium content;
use of specific software, in particular for the systematic or automatic control of games;
use our Services for commercial or business purposes or to the benefit of any third party or to send unrequested messages.

6) Privacy

6.1 Data protection and data security are important to us. By using our Services, you agree to our Privacy Policy, which is an integral part of these Terms of Use.

We have implemented a policy to manage your privacy concerns. For more information, please see our Privacy Policy – Website, our Privacy Policy – Games and our Cookie Policy.

6.2 If you do not agree with our Privacy Policy, you may not download or access our Games or otherwise use our Services.

6.3 We do not knowingly collect, solicit or request information from children or knowingly market to children. For this reason, in accordance with the U.S. Children’s Online Privacy Protection Act, if we obtain actual knowledge that a person under the age of 13 has provided us with personal information without the required and verified parental consent, we will delete that information from the Services as soon as reasonably possible.

7) Minimum age requirement

You warrant to us that you are at least 13 years old when you use our Services or agree to these Terms of Use. If you are older than 13 but younger than 18, your parent or legal guardian must review and agree to these Terms before you continue to use our Website, play our Game or otherwise use our Services, and your parent or legal guardian will be responsible and liable for all acts and omissions by you.

8) Advertising

We permit advertisers to display their advertising and other information in certain areas of the Services. For more information, please see Section 7 in our Privacy Policy – Games.

9) Agreement conclusion and term

9.1 The agreement on the use of the game is concluded by downloading the game from the corresponding app store. The details of this process can be found in the terms of use of the corresponding app store. With the download, an agreement is concluded between the User and RioShocK Inh. Pavlo Pastukhov for the free use of the respective game.

9.2 These Terms of Use will remain in full force and effect as long as you use the Services.

We reserve the right, but are not obligated, to:

monitor the Services for breaches of these Terms of Use;
take any appropriate legal actions against any person who, in our own discretion, breaches the law or these Terms of Use, including, but not limited to, reporting such user to law enforcement authorities;
in our own discretion and without limitation, manage the Services in a way that protects our rights and properties and ensures the proper functioning of the Services.

9.3 We reserve the right to restrict access to certain Services for age reasons, and we only allow minors under a certain age to register for certain Services with the permission of their parents or legal guardians.

9.4 To the extent permitted by law, we accept no responsibility for activities undertaken by minors without the permission of their parents or legal guardians. In any case, the use of the Services by minors is the responsibility of their parents or legal guardians. If you are a parent or legal guardian and you give your child permission to access the Services, you agree to be bound by the terms of your child’s use of the Services.

10) Termination of use

10.1 We may, in our own discretion, temporarily or permanently terminate or discontinue access to the Website, to the Games or to the other Services at any time. You agree that we have no liability to you or any third party for any such modification, termination or discontinuation of your access to our Services, Website and Games. You are not entitled to any compensation or any other payment, even if any specific features, settings and/or content that you have provided or on which you have relied are permanently lost. You must not bypass or circumvent, or attempt to bypass or circumvent, any access limitation measures on our Website or in our Games.

10.2 Not limiting any other provision of these Terms of Use, we hereby reserve the right, in our own discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or no reason, including without limitation for breach of any representation, warranty or obligation contained in these Terms of Use or of any applicable law or regulation.

10.3 The User may not assign this agreement to third parties. In the event of a breach of this condition, RioShocK is entitled to terminate the contract, including the agreements on Premium Content. In this case, there will be no refund of fees paid. RioShocK is entitled to continue to charge any outstanding fees for Premium Content already purchased.

11) Premium Content

11.1 Besides the option of free use, RioShocK also offers additional paid Premium Content. The use of Premium Content is not obligatory and the rejection of such use does not restrict the other use of the game. The obligation to pay is shown separately in the Game.

11.2 The agreement for the additional Premium Content is only concluded when the user clicks on the “Buy” or “Order for a fee” button in the store area of the Game (the exact description of in-app purchases may be different depending on the App Store). The agreement is confirmed by RioShocK Inh. Pavlo Pastukhov (or on its behalf by the corresponding App Store provider) by sending an order confirmation by message or e-mail or by providing the respective Premium Content. For the purchase of Premium Content, the fee must be paid in advance.

11.3 A refund after the purchase of Premium Content can only be made within the framework of the legal consumer rights or the legal right of withdrawal, taking into account the corresponding exclusions.

11.4 For each order, the prices for Premium Content are as indicated in the corresponding App Store and submitted in the order confirmation. These may be different depending on currency and country. These prices contain the valid value added tax. The payment is processed via the corresponding App Store. The Terms of Use and Payment of the App Store apply, in addition to these Terms of Use. In case of discrepancies between the Terms of Use of the App Store and these Terms of Use, the Terms of Use of the App Store have priority.

11.5 Cancellations or recharges caused by the user, e.g. due to insufficient funds in the account, are the responsibility of the user. The costs incurred as a result will generally be borne by the user. RioShocK is allowed to charge these costs from the user’s means of payment together with the original fee. The user reserves the right to prove that no loss has been caused or that the amount claimed is lower.

11.6 RioShocK is entitled to offer new Premium Content, change existing Premium Content and discontinue Premium Content. Any further claims by the user are excluded.

12) Right of withdrawal

12.1 In the case of contracts against payment, the consumer has a right of withdrawal in accordance with § 13 BGB. You have the right to withdraw from this contract within 14 days from the date of conclusion of the contract without providing any reason.

12.2 To exercise the right to withdraw from this contract, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. e-mail or a letter sent by post):

RioShocK Inh. Pavlo Pastukhov

Hahnweg 7a

96450 Coburg

Germany

contact.rioshock@gmail.com

12.3 To meet the withdrawal time limit, it is only necessary for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

12.4 If you withdraw from this contract, RioShocK Inh. Pavlo Pastukhov has to refund all payments received from you immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same method of payment for this refund as you used for the original transaction, unless a different method has been expressly agreed with you.

12.5 Early exclusion of the right of withdrawal after provision of the digital content according to § 356 Section 5 of the German Civil Code:

Your right of withdrawal will terminate before the expiration of the withdrawal period if we have started the execution of the contract before the expiration of the withdrawal term, after you have given your express consent to this as a user and have confirmed your knowledge of the fact that you will lose your right of withdrawal by accepting the start of the execution of the contract.

13) Modifications and interruptions

We do not ensure that our Services will be available at all times or at any particular time, uninterrupted or error-free, in all locations worldwide and on all devices or that we will continue to provide all or any of our Services for any specific period of time.

Our right to modify, change or remove the content of the Services at any time and for any reason at our own discretion and without prior notice is reserved. However, we are not obliged to update content or information in our Services. We have no liability to you or any third party for any modifications, price changes, discontinuance or suspension of the Services.

Under no circumstances can we guarantee that the Services will be available at all times. There may be hardware, software or other problems or we may need to perform maintenance in connection with the Services, which may result in interruptions, delays or errors. We reserve the right to alter, change, revise, update, discontinue, suspend or otherwise modify the Services at any time and for any reason without notifying you. You agree we are not liable for any loss, damage or inconvenience caused by any inability to access or use the Services during any suspension or downtime. Furthermore, nothing in this Legal Notice will be interpreted as obligating us to maintain and support the Services or to provide any corrections, updates or releases in connection with them.

14) Warranty, liability

14.1 There is nothing in this section that restricts or excludes any warranty required by law that would be illegal to restrict or exclude. Our Services and all Content of them are provided to you on an “as is” and “as available” basis and may include inaccuracies or typographical errors. You acknowledge that we explicitly disclaim all warranties, express or implied, as to the availability, accuracy or completeness of the content. We do not warrant that:

our Website and Services or our Content will meet your requirements;
our Website and Services will be uninterrupted, up to date, secure and error free.

14.2 RioShocK does not warrant that its Games and/or Services will be provided error-free. It is recommended that you always install the latest version of the game.

14.3 Nothing on this Website or in our Services represents or is intended to represent legal, financial or medical advice in any form. You should consult an appropriate professional if you require such advice.

14.4 Insofar as RioShocK provides Services free of charge, there are no warranty claims and RioShocK is only liable in accordance with the statutory provisions for intent and gross negligence. RioShocK is only liable for any defects if it has intentionally concealed them.

14.5 If paid Services are provided, the user’s warranty claims shall be in accordance with the statutory provisions, unless otherwise specified in this Section 14.5 RioShocK is not liable for non-fulfilment or delay of the Service insofar as the cause lies outside its area of influence.

14.6 The provisions of this section below apply to the fullest permitted by applicable law and neither limit nor exclude our liability in respect of any matter that would be unlawful or illegal for us to limit or exclude. Under no circumstances are we liable for any direct or indirect damages incurred to you or any third party as a result of accessing our Website or using our Services.

14.7 In the event that a Supplemental Agreement does not explicitly state otherwise, our maximum liability to you for all damages resulting from or in connection with the Services or the Products sold through it, no matter what form of legal action imposes liability (whether in contract, equity, negligence, intentional behavior, tort or otherwise), is limited to the total price paid by you to us for the purchase of such Products or Services or use of the Website. This limitation applies to all of your claims, actions and causes of action of any nature or kind.

15) User Data

We may store certain data that you submit to the Services in order to manage the Services’ performance, including data related to your use of the Services. While we perform routine backups on a regular basis, you are solely responsible for any data that you submit or that is related to any activity you have performed using the Services. You agree that we are not liable to you for any loss or damage of such data, and you hereby agree to waive any right of action against us resulting from any such loss or damage to such data.

16) Changes to these Terms or Updating of the Terms of Use

16.1 From time to time we may update these Terms of Use. We may do this for various reasons, including but not limited to, because we change the kind of Products and Services we offer, for any technical or legal reasons, or due to changes in the needs of our business. You are responsible for regularly reviewing these Terms for any changes or updates. The date indicated at the end of these Terms of Use is the date of the last update. Changes to the Terms of Use will be in force as soon as these changes are published on this Website. If you continue to use our Services, this means that you accept the modified terms. You agree that if you do not accept any change to our Terms, you must immediately stop accessing and using our Services.

16.2 RioShocK reserves the right to modify these Terms of Use with future effect in accordance with this Section 16.

16.3 You can review these Terms of Use at any time at https://rioshock.com/terms-of-use/.

17) Severability clause

If any part of these Terms is determined to be invalid or inapplicable under any applicable law or by a court of competent jurisdiction, that part will be construed in a way that is consistent to applicable law to reflect, as closely as possible, our initial intentions and the remaining provisions of these Terms will remain valid and enforceable. In the event that it is not possible to construe an invalid or unenforceable part of these Terms in a manner consistent with applicable law, that part shall be considered deleted from these Terms without affecting the remaining provisions of these Terms.

18) Language

These Terms of Use are interpreted and construed exclusively in the English language. All communications and correspondence will be made in this language only.

19) Disclaimer of our rights

The fact that we fail to exercise or to enforce any of our rights under these Terms does not mean that we are waiving our right to enforce those rights. Any waiver of such rights will only be effective in a writing form signed by us.

20) Jurisdiction and applicable law

20.1 Most issues can be quickly resolved when you contact us at contact.rioshock@gmail.com.

20.2 As a resident of the European Union, if you are not satisfied with the resolution of your issue by our customer service, the European Commission provides an online dispute resolution platform that you can access.

20.3 These Terms of Use are subject to and will be interpreted in accordance with German law, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

20.4 For disputes with the user, the statutory place of jurisdiction shall apply if the user has a general place of jurisdiction in Germany. If the user has changed his residence or habitual location from Germany after conclusion of the contract or if his residence or habitual location is not known at the time the action is initiated, the place of jurisdiction shall be Berlin. All disputes in connection with these Terms of Use are subject to the jurisdiction of the German courts.

21) Contact information

For any complaints regarding the Services or for further information about the use of the Services or regarding these Terms of Use, please contact us via contact details indicated on our Contact Page or Impressum.

The Terms of Use were last updated on 30.06.2024