Terms of Service

(Version dated by the December 20, 2023)

Welcome to The PG3D WEBSTORE!

PLEASE READ CAREFULLY BEFORE USING THE STORE AND RELATED SERVICES OF THE PROJECT OR ANY SERVICES PROVIDED THROUGH THE STORE AND PROJECT IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE STORE IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.

PG3D WEBSTORE is the official online store for the acquisition of in-game resources for the HERO WARS project - product of Cubic Games Ltd, which is its legal owner and/or operator (hereinafter referred to as the Project).

ACCEPTANCE OF THE TERMS

These Terms sets out the legal terms between you (either an individual or legal and non-legal entity) and Cubic Games Ltd.

These Terms and including cases where personal data is collected and processed in accordance with and as stipulated by the Article 6(1)(f) of the GDPR Regulation, are accepted by you when you actually use the Project and (or) Services provided by CUBIC GAMES. These Terms remain effective from the date of acceptance until terminated by you or CUBIC GAMES in accordance with these Terms.

You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with CUBIC GAMES. By accepting these terms you acknowledge, represent and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. You expressly represent that you are legally allowed to enter into these Terms and that you do not violate any applicable laws.

Certain countries maintain legal restrictions on the usage of the Service and (or) downloading, installing and/or using of products, portions of products, or software

that are or might be available through the Service. You expressly represent that you comply with all applicable legal restrictions in your jurisdiction. You are not permitted to use our Product if you are, or if you are owned or controlled directly or indirectly by, a person that is the target of export control restrictions, embargoes, or economic or trade sanctions maintained by the United States (including the U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), the U.S. Department of Commerce, or the U.S. Department of State), the United Nations Security Council, the European Union, any European Union member state, or Her Majesty’s Treasury of the United Kingdom (collectively, “Sanctions”), including any person (a) named on any Sanctions-related list of designated persons, including the Specially Designated Nationals and Blocked Persons List maintained by OFAC, or the Entity List maintained by the U.S. Department of Commerce, the “Consolidated list of persons, groups and entities subject to EU financial sanctions” maintained by the European Union, or the “UK Consolidated List of Asset Freeze Targets” maintained by Her Majesty’s Treasury of the United Kingdom; or (b) operating, organized, or resident in a country or territory that is the target of comprehensive Sanctions (currently Cuba, Iran, North Korea, Syria, the Crimea region and the so-called Donetsk People’s Republic and Luhansk People’s Republic) (collectively, a “Prohibited Person”). By using our Product you represent and warrant that (i) you are not (nor are you owned or controlled by, or acting for or on behalf of, directly or indirectly) a Prohibited Person; (ii) you are not prohibited by any Sanctions from using Cubic Games’ Product; and (iii) you will not provide access to the Product to any Prohibited Persons.

If you access the Project and (or) the Service from a social network, you shall comply with its terms of service/use and privacy notice as well as these Terms and Privacy Notice.

Please note that these rules shall not create any third party’s rights including any enforcement right (civil right of action) thereof and may be enforced solely by CUBIC GAMES in its sole discretion.

The failure by CUBIC GAMES to exercise or enforce any of the Terms shall not constitute or be deemed a waiver of its right thereafter to enforce each and every of these Terms.

PERSONAL DATA PROTECTION

The confidentiality of your data is our main priority. We strive to make the use of CUBIC GAMES projects as convenient and safe as possible.

The Store does not collect any personal information about you. The identification number of the in-game account is required when purchasing in-game resources, which is not personal information. We are unable to identify you on the site in any way. Please indicate the ID carefully, as this ID will be credited with resources after the acquisition. Payment processing is carried out by Fourthwall, please read its policies.

By accepting the Terms, you acknowledge and confirm that you have reached the age required to enter into a binding agreement in the country of your residence of domicile. We do not collect data from persons who are obviously under the age of 18 and do not allow such persons to use our Services without the proper consent of a legal representative. If you have not reached the specified age, you are obliged to provide permission from one of your parents or legal guardians in the form and manner required by the local legislation of the country of your residence of domicile.

We recommend that you fully explore what the gameplay involves and how the children may use the Project. To familiarize yourself with what we do to ensure the safety of children, please read the Parent's Guide.

STORE PURCHASES

By choosing to purchase products offered through the Service, you are bound by our pricing and payment terms, which we reserve the right to modify periodically. We maintain the authority to introduce new Products, modify pricing, and adjust payment terms for existing Products at our sole discretion. Upon placement of an order, we conduct a validation check on the provided information, verifying payment methods, billing details, and shipping addresses. Certain addresses and territories may not qualify for order acceptance. Should additional information be necessary to process your order, we may contact you via email. Any discrepancies or inaccuracies in the order information provided may result in processing delays. Please be aware that receipt of an order confirmation does not signify the acceptance of your order by CUBIC GAMES for Product purchases.

CUBIC GAMES reserves the unilateral right to limit the quantity of Product orders and to decline the sale of Products to any customer without prior notice or rationale. Additionally, CUBIC GAMES reserves the right to refrain from selling to resellers, dealers, or distributors. In the event of order cancellation by us, reasonable efforts will be made to notify you through the email address provided during the ordering process. Should you wish to cancel your order in part or whole, a limited timeframe may be available before processing begins, during which you can contact us. After receipt of your order, eligible items may be returned or exchanged.

Please note, payment, delivery, and returns for purchases are handled by third parties. For more information, please refer here.

INTELLECTUAL PROPERTY RIGHTS

CUBIC GAMES is the owner of all exclusive rights, intellectual property rights and interests associated with the Project and Services, as well as all their functions and components, including but not limited to:

all the virtual content that is contained and displayed in the Project, including:

- visual components: project locations, characters (names, appearance, characteristic behavior and utterances), artwork, structural or landscape design, animation and audiovisual effects;

- thematic content: themes, concepts, stories and storylines;

- musical and sound compositions and recordings;

- user accounts;

project elements: Virtual Items and Intra-Project Values, as well as intra-project options and ways of acquiring them;
other intellectual property that provides technical and other access to the Project and Services, including but not limited to:

- software and source code;

- methods of work and original works of authorship used in the Project;

all Accounts, including Account names and any player’s identification tools. Any use of the Account must be in accordance with the interests of CUBIC GAMES. CUBIC GAMES does not allow the transfer of Accounts. You cannot purchase, sell, gift and otherwise assign the Account, and also offer any Account to purchase, sell, gift or any form of assignment, and any such attempt will be void and may lead to the termination of the Account;
intangible rights thereto.

For the avoidance of doubts, the Services shall be construed as providing you with access to use the Project without transferring any exclusive or other intellectual property rights or interests to the Project and Services.

DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PROJECT AND (OR) SERVICES IS AT YOUR SOLE RISK, AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER CUBIC GAMES NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY REFERRED TO AS THE "CUBIC GAMES PARTIES") WARRANT THAT THE PROJECT AND (OR) SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE PROJECT AND (OR) SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE CUBIC GAMES PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PROJECT AND (OR) SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE NOT TO SEEK TO HOLD THE CUBIC GAMES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PROJECT AND (OR) SERVICE AND OPERATORS OF EXTERNAL WEB-SITES, AND THAT THE RISK OF INFRINGEMENT OF YOUR RIGHTS AND (OR) DAMAGES FROM USING THIRD PARTY SERVICES AND EXTERNAL WEB-SITES RESTS ENTIRELY WITH YOU.

TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE CUBIC GAMES PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE CUBIC GAMES PARTIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CUBIC GAMES.

CLASS ACTION WAIVER

IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, BY ACCEPTING THE TERMS, YOU AND CUBIC GAMES HEREBY AGREE: (i) THAT EACH CLAIM IS PERSONAL TO YOU AND CUBIC GAMES, AND SHALL ONLY BE CONDUCTED AS AN INDIVIDUAL COURT PROCEEDING, AND NOT AS A CLASS ACTION OR OTHER FORM OF REPRESENTATIVE ACTION; (ii) EXPRESSLY WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS; AND (iii) THE COURT MAY ONLY CONDUCT AN INDIVIDUAL COURT ACTION, MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING RELATING TO SUCH CLAIMS. UNLESS YOU SUBMIT A PROPER OPT OUT NOTICE (AS DESCRIBED BELOW), YOU AND CUBIC GAMES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Severability of Class Action Waiver

You and CUBIC GAMES agree that, no provision of this Class Action Waiver shall be enforceable against you or CUBIC GAMES and all claims shall be governed by Governance Law and Jurisdiction provisions of these Terms, below, in the event either: (i) a court of competent jurisdiction conclusively determines that any term or provision of this Class Action Waiver is unenforceable, prohibited by applicable law, or inapplicable to any сlaim; or (ii) you submit a proper Opt Out Notice, wherein you have elected to opt out of this Class Action Waiver. In no event may the severance of the Class Action Waiver be interpreted or deemed to constitute consent by you or CUBIC GAMES to participate in a class action.

Opt Out Procedure

You have the right to opt out and not be bound by the foregoing Class Action Waiver, by sending a written notice of your election to opt out from such Class Action Waiver (the “Opt Out Notice”), in strict compliance with the following requirements of paragraphs (i) – (iii):

Form & Address

Your Opt Out Notice must be sent to the following address: Cubic Games Ltd, 113 Georgiou Griva Digeni, Astromeritis, 2722, Nicosia, Cyprus, and either by: (a) first class mail, postage prepaid, certified and return receipt requested; or (b) overnight courier service.

Time Limitations

Unless a longer period is required by applicable law, your Opt Our Notice must be postmarked (if sent by first class mail) or deposited (if sent by overnight courier service) within 30 days of the date on which you first accessed to your Account in the Project.

Required Information

Your Opt Our Notice must include: (i) the title of the Project to which your Opt Out Notice is intended to apply; (ii) your first and last name; (iii) your address; (iv) your phone number; (v) your email address; (vi) if you are a registered user of the Project, each of your usernames for the Project; and (vii) a statement that you do not agree to the Class Action Waiver. CUBIC GAMES may use the foregoing information included in the Opt Out Notice to record, process, maintain, and administer your opting out of the Class Action Waiver, as applicable, but not for marketing purposes.

Effects of Proper Opt Out Notice

If your Opt Out Notice meets all of the above requirements, you and CUBIC GAMES will be deemed to have opted out of the Class Action Waiver, subject to your statement in such Opt Out Notice, with respect to these Terms. Submission of a valid Opt Out Notice applies only to Claims arising from or relating to the Project identified therein, as between CUBIC GAMES and the individual identified in such Opt Out Notice.

Effects of Improper Opt Out Notice

If you submit an Opt Out Notice that fails to meet any of the requirements set forth in paragraphs i – iii, you and CUBIC GAMES will be bound by the Class Action Waiver set forth in these Terms.

MISCELLANEOUS

If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

The failure by CUBIC GAMES to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of CUBIC GAMES’s right or remedy.

We may make changes to these Terms from time to time and we will publish the changes at this link. Changes will be effective when published. Please review these Terms on a regular basis. You acknowledge and agree that you express acceptance of the Terms of Services after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate these Terms in accordance with the set forth below.

If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.

Governance Law and Jurisdiction

These Terms are governed by and construed in accordance with applicable law of the Republic of Cyprus, without regard to its conflicts of law provisions, including those that might imply the use of law of another jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to any dispute or transaction arising under these Terms.

Exclusive jurisdiction and venue for any judicial proceedings concerning the subject matter of these Terms has the competent court of the Republic of Cyprus, and each party waives any objection to the jurisdiction and venue of these courts. However, we reserve the right to seek a cancellation of any injunction relief in any jurisdiction where we deem it necessary.

These Terms are made in English language. We can provide you with a French, German, Italian, Spanish and Portuguese translation of these Terms. In the event of any inconsistency between a non-English translation of these Terms and the English version, the English version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR THE PROJECT. BY CONTINUING TO USE THE SERVICES OF THE PROJECT YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS YOU GRANT TO CUBIC GAMES THE RIGHTS SET FORTH HEREIN.

CUBIC GAMES LTD
113 Georgiou Griva Digeni, Astromeritis, 2722, Nicosia, Cyprus
support.web@cubicgames.com