Last Updated: 01 July, 2021

The following Terms of Use (“Terms of Use”) apply to your use of the website located at https://mundfish.com/ of Mundfish Ltd. or any one of its affiliated entities (“Mundfish“, “we“, “our” and “us“), including any content, functionality, products, and services offered on or through such websites (collectively, the “Website”), whether as a guest or a registered user. These terms also apply to the purchase of our products and your use of other services of Mundfish that display or include these terms (“Additional services”). In these terms, the Website and Additional services are collectively referred to as the “Services”.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE SERVICES.

The hereunder list of documents form an integral part of this Terms of Use:
● Privacy and Cookies Policy.

The documents will permanently be accessible on the Website in its actual version for review and print under.

You may use the Services only if you are a “natural person” over the age of eighteen (18).

Our Services, including (but not limited to) their visual components, characters, storylines, artwork, animations, designs, items, music and sound effects, dialogue, graphics, computer code, user interface, look and feel, games and game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all intellectual property rights and other legal and exploitation rights regarding them (“Content”), are either owned by us or we license them from third parties . You may not use or exploit any part of our Content except as explained in this Terms of Use. Our Services and their intellectual property rights are protected by copyright, trademark and other intellectual property laws worldwide.

“Intellectual Property Rights“; mean any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, rights in characters, rights in get-up, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in computer software (including source code and object code), moral rights, author rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.

Unless and to the extent that we have expressly authorised you in writing, you must not:
a) copy or download any Content from the Service or any part thereof (except as part of the proper use or operation of the Services);
b) distribute, publicly perform or display, print-off, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Content;
c) make any commercial use (i.e. for profit) of any Content; or
d) remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Content.

All trademarks in connection to the Content or Services, including but not limited to “Atomic Heart“, “Mundfish” and their respective logos, are trademarks or registered trademarks of Mundfish. You may not use or display such trademarks in any manner, except as expressly set out in these Terms of Use. All third-party trademarks and service marks that appear in the Services are the property of their respective owners and all rights in them are reserved.

We respect the intellectual property rights of others. If you believe that your work has been infringed in or via our games or services, please contact us by emailing to support@mundfish.com.

Mundfish gives you personal, non-commercial use only limited, non-exclusive, revocable license to use the Services for your personal entertainment, information, education, and communication, upon all of the terms of this Terms of Use. This license is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub- license or otherwise transfer it to someone else) and does not give you any ownership rights in our Services.

While using the Services, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern your use of our Services, and when you access or use our Services you will not, under any circumstances:
a. Violate any law, rule or regulation.
b. Interfere with or disrupt any of our Services or any server or network used to support or provide a service, including any hacking or cracking into our Services.
c. Use any software or program that damages, interferes with or disrupts our Services or another`s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs, SQL injections, creating of fishing websites.
d. Contribute, organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another`s privacy, or is otherwise reasonably objectionable.
e. Publish, post, upload or distribute content that is illegal or that you don`t have permission to freely distribute.
f. Impersonate another person or falsely imply that you are an employee or representative of Mundfish.
g. Attempt to obtain, a password, account information, or other private information from anyone else on our Services.
h. Make use of any payment methods to access or purchase our Services for fraudulent purposes, without permission of the authorized owner, or otherwise concerning a criminal offence or other unlawful activity.
i. Use any robot, spider or other automated device or process to access our Services for any purpose such as scraping data or copying material.
j. Modify any file or any other part of our Services that we do not specifically authorize you to modify.
k. Use or distribute unauthorized software programs or tools (such as "auto", "macro", hack, unlockers or cheat software), or use exploits, bugs or problems in our Services to gain unfair advantage.
l. Engage or assist in cheating or other anticompetitive behavior (such as boosting, collusion, and match or matchmaking manipulation).
m. Use or distribute counterfeit software or our Content.
n. Attempt to use our Services on or through any service that is not controlled or authorized by us.
o. Sell, buy, trade or otherwise transfer or offer to transfer any personal access to our Services, or any Content either within our Services or on a third-party website, or in connection with any out-of-game transaction, unless expressly authorized by us.
p. Use our Services in a country in which we are prohibited from offering such Services under applicable export control laws.
q. If you or someone using your Account (as provided in the Terms of Sale) violates these rules and fails to remedy this violation after a warning, we may take action against you, including revoking access to certain or all Services or Content, or terminating your Account. Specific services of Mundfish may post additional rules that apply to your conduct on those services.

Our Content may contain scenes and images of violence, sexuality, and other scenes that some may find disturbing. If you are sensitive to such Content or such Content is a trigger for you, please be aware of this before you use our Website.

Our Services may include links to third-party websites. These linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained in a linked website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mundfish of the Website. Your use of the third-party website may be subject to that third party’s terms and conditions.

You hereby accept, recognize and understand that we constantly work on the further development of the Services, we improve, upgrade and update Content in order to make the Services enjoyable for you, and from time to time, we may need to deploy or provide patches, updates, additional content or other modifications to the Content and Services. We reserve the rights to modify, change, update, delete any parts of the Website, Content, Services any other features and specifications with or without prior notice and with no liability to you. You acknowledge and agree that we may require you to accept and download the updates required for further use and support of Services. You also acknowledge and agree that we may introduce automatic updates and/or modifications to the Services which shall be applied without manual install, with or without additional notice to you.

You may from time to time provide suggestions, comments or other feedback to us with respect to any product, service, software or information provided by us (the "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for us. You grant us the right to use, modify, adapt, reproduce, distribute, and display your Feedback (for example, for promotional purposes) worldwide. Mundfish shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not affect either party`s obligations hereunder with respect to the information protected pursuant to our Privacy Policy. You are solely responsible for your communications with other users of our Services. If you have a dispute with one or more users, you release Mundfish (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Mundfish reserves the right to terminate its Services to you, without prior notice, for contravening the requirement to comply with the conditions set out under the Terms of Use. If you do not comply with our Terms of Use or policies or if we are investigating any suspected non- compliance or misconduct, we shall be entitled to take such action that we deem appropriate or necessary, including suspending or ending your access to the whole or any parts of Services without notice to you.

We retain the right to investigate any non-compliance with these Terms of Use and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary, during or in response to such investigation.

We shall be entitled to stop providing Services to you or add or create new limits to our Services at any time.

If we suspend or terminate your rights to use the Services you must stop all activities authorised by these Terms of Use, including your use of Services.

OUR SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE GIVE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES; THAT THE OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE OUR SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT OUR SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MUNDFISH AND ITS EMPLOYEES, LICENSORS AND BUSINESS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY OUR BREACH OF THIS AGREEMENT, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. THE TYPES OF EXCLUDED DAMAGES INCLUDE, FOR EXAMPLE, FINANCIAL LOSS (SUCH AS LOSS INCOME OR PROFITS), COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR STOPPAGE, LOSS OF DATA, LOSS OF GOODWILL, AND COMPUTER FAILURE OR MALFUNCTION. THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATED TO THIS TERMS OF USE OR OUR SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE. IT ALSO APPLIES EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. YOU MAY RECOVER ONLY DIRECT DAMAGES IN ANY AMOUNT NO GREATER THAN WHAT YOU ACTUALLY PAID FOR THE APPLICABLE SERVICE. WE DO NOT LIMIT OUR LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE ABOVE EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THEM MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF OUR SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE OR LIMIT ANY MANDATORY CONSUMER PROTECTIONS THAT ARE AVAILABLE TO YOU IN YOUR TERRITORY OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.

You agree that any loss, damage or harm you suffer is not irreparable, and other remedies will be adequate, such that you are not entitled to injunctive or other equitable relief against us, its affiliates, licensors and partners.

To the maximum extent permitted by the applicable law, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. That means, to the fullest extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration is found illegal or unenforceable, you and we agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in court.

We shall have no liability under these Terms of Use if it is prevented from, or delayed in, performing its obligations or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

Inaction on the part of Mundfish in the event of a breach of this Terms of Use by you does not deprive us of the right to take appropriate action to protect our interests later, and does not mean that we waive our rights in the event of similar breaches in the future.

To the extent permitted by applicable law, these Terms of Use and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non- contractual disputes or claims) are governed by and construed in accordance with the laws of Cyprus and any dispute regarding it will be exclusively under the jurisdiction of the courts of Cyprus.

The Pre-trial dispute resolution procedure is obligatory. Your claims should be sent to support@mundfish.com, and such claims should contain the specific list of violations made by Mundfish, your Account information, contact information and signature. Sending our answer to the claim may take up to thirty (30) business days from the moment of its acceptance.

The provisions of these Terms of Use do not exclude, limit or otherwise restrict the rights vested with the consumers upon relevant provisions of applicable law nor may be construed by anyone in this way.

We may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Use, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Use.

We reserve the right to modify these Terms of Use and other notices contained on our Website, at any time, temporarily or permanently and entirely at its own discretion.

No failure or delay by Mundfish to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by Mundfish or by you. Our failure or neglect to enforce, at any time, any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of our rights herein, nor in any way affect the validity of the whole or any part of this Terms of Use, nor prejudice our rights to take subsequent action.

In the event that any of these Terms of Use, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

The Services are offered by Mundfish Limited, registered office: Boumpoulinas, 1-3 BOUBOULINA BUILDING, Office 42, CY-1060, Nicosia, Cyprus; registration number HE 385034. You can reach us by sending letters to our address or by emailing us at support@mundfish.com.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S- 202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.