Last modified: June 25, 2021
Welcome to Advant Limited (hereinafter referred to as “Advant”), the company acting and organized under the laws of the Republic of Cyprus, with address: Griva Digeni, 78, Floor 2, Inter/Office B1, Neapolis, 3101, Limassol, Cyprus, represented by Director Marilena Chrristou.
These Terms of Service (hereinafter referred to as the “Terms”) regulate the use of the Services by Advant Users.
As used, these Terms,
1.1. "Advant", "we", "us", or "our" refer to Advant Limited and all companies affiliated with Advant.
1.2. “Advant User” or “Advant Users” refer to the users of Advant Services.
1.3. “You” or “yours” refer to Advant Users.
1.4. “Service” or “Services” refer to applications for mobile platforms or devices and web applications, including web applications accessible on third-party social networking services - "SNS" (collectively referred to as "Advant Applications"), technical solutions implemented by Advant into mobile and web applications of third parties aimed at application promotion, application analytics, and Advant Users’ tracking, web-pages of Advant at application stores (AppStore, Google Play etc.), accounts, pages, and societies of Advant in social networks (Facebook, Instagram etc.), chats and on-line dialogues implemented by Advant into Advant Applications and mobile and web applications of third parties, web domains and subdomains of Advant and Advant’s partners using the Services of Advant, including advantstudio.com (collectively referred to as "Sites").
“Advant Applications” refer to applications:
1.5. “Intellectual Property Rights” refer to right, title, and interest in and to the Services and Advant Content; such right, title, and interest cover all intellectual property rights in respect of Services and Advant Content, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights owned by Advant, its subsidiaries or Advant’s licensors that provided Advant with exclusive, sole, and sub-licensable right to use Advant Applications.
1.6. “Advant Content” refers to text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, Advant or our licensors' trademarks and logos, Advant Applications, and other content made available by Advant on or through our Services, including any Customizations but excluding User Content.
1.7. “Customizations” refer to the modifications, designs or enhancements to Advant Content in Advant Applications as a result of a Member's or a non-registered user's customization of a virtual character in Advant Applications using one of Advant's interactive templates or design tools.
1.8. “Virtual Items” refer to Advant Content that is purchased, found through use of Advant Applications, and used in Advant Applications by Advant Users for entertainment. Such Virtual Items may include but are not limited to virtual weapon, virtual medical aid kits, virtual natural resources and other items that can be used by Advant Users free of charge or for a fee.
1.9. “Virtual Currency” refers to Advant Content that is purchased and used in Advant Applications for purposes of purchasing and using Virtual Items.
1.10. “Tradable Items” refer to Virtual Items and Virtual Currency that cannot be purchased with real world money.
Please read these Terms carefully because they govern your access to and use of our Services, Advant Content, and User Content and are legally binding.
2.1. When you open the downloaded Advant Application or otherwise obtain access to the Services of Advant, a dialog box will appear on the screen of your device. The dialog box will contain the following text: “I fully and freely agree with the Terms of Service and Privacy Policy”. The box will also contain the link to the Terms of Service and the button “I accept”. By pushing this button, you express your consent to these Terms.
2.2. The dialog box specified in para.2.1 of the Terms will also contain the text “I confirm that I am 16+ (or holding parental responsibility)”, and the box by ticking which you confirm that you are 16 years of age or more, or that you are a person holding parental responsibility over the Advant User who is less than 16 years of age and you consent to the use of the Services by such Advant User.
2.3. The dialog box specified in para.2.1 will also ask you to agree with processing of your personal data. The mechanism of providing Advant with your consent to processing of your personal data is determined in Privacy Policy of Advant that you can find by following the link https://advantstudio.com/privacy-policy.html
3.1. Advant reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice.
3.2. If we modify these Terms, we will post these Terms as modified on our Site advantstudio.com. By continuing to access or use our Services after we have posted a modification to these Terms, you are indicating that you agree to be bound by the modified Terms. The Terms will be modified at least once per 12 (twelve) calendar months beginning from the date of posting the latest version of these Terms. We encourage you to periodically visit our Site advantstudio.com to monitor the updates on these Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
3.3. If you cease using our Services, you have a right to delete your data and send us a verifiable request to delete your personal data. A verifiable request can be sent via our e-mail support@advantstudio.com.
3.4. If you send us the request to delete your data, you shall mention your county, device, device language, approximate installation date, last launch date, your unique identifier if you used it (for example, Facebook ID, Game Center ID etc.), and any other data that is reasonably needed to identify your personal data.
4.1. Subject to your compliance with these Terms, Advant hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and use Advant Services and Advant Content that is a part of these Services solely for your personal and non-commercial purposes.
4.2. You may not use Advant Services and Advant Content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of Advant or others.
4.3. Notwithstanding any other rights or restrictions in these Terms, you shall not use Advant Services or Advant Content to:
4.3.1. violate any laws, third party rights, or Advant’s Privacy Policy;
4.3.2. copy, modify, host, stream, sublicense or resell Services or Advant Content except as otherwise explicitly provided in these Terms;
4.3.3. circumvent any use restrictions put into place by these Terms or Privacy Policy of Advant to prevent illegal uses of the Services;
4.3.4. introduce to Advant Services viruses, worms, Trojan horses, and/or harmful code;
4.3.5. obtain unauthorized access to any computer system that is used by Advant for managing Services and Advant Content;
4.3.6. invade the privacy of other Advant Users;
4.3.7. disrupt, interfere with, or inhibit any other Advant User from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
4.3.8. Improperly use in-game support or complaint buttons or make false reports to Advant staff.
4.3.9. Use information about users publicly available in any Advant Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
4.3.10. tamper with or obtain illegal access to the Services or Advant Content;
4.3.11. place an advertisement of any products or services in the Services except with Advant’s prior written approval;
4.3.12. conduct fraudulent activities; or
4.3.13. collect or harvest information regarding other users of Advant Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail or for any other reason not specified in these Terms.
4.4. All Advant Users have a right to provide us with feedback on the Services of Advant and Advant’s business activities. The feedback can be sent to our e-mail support@advantstudio.com.
4.5. You can freely use our Services only if you are 16 years of age or more. If you are under the age of 16, you shall obtain the consent to the use of the Services from your parent or guardian in accordance with para.2.2 of these Terms.
4.6. The Services of Advant may contain links to third-party web-sites and resources and other materials of third parties. Because we do not control the content of such web-sites, resources, and other materials, as well as availability of such web-sites, resources or other materials, it is your sole responsibility for and assume all risks arising from your use of any such websites or resources.
4.7. Advant can offer Advant Users sweepstakes, contests and similar promotions through the Services. Each promotion may contain special rules of the promotion, and you should carefully review them because they may contain additional important information about Advant's rights to and ownership of the submissions you make as part of the such promotions and as a result of your participation in such promotions. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.
4.8. The use of Services is free of charge. However, there can be special in-app purchases implemented into Advant Applications that provide Advant Users with additional features and functions, including Virtual Items and Virtual Currency. If you purchase Virtual Items or Virtual Currency, you agree that all such purchases are final. You can refund the purchase price of Virtual Items or Virtual Currency only if such Virtual Items or Virtual Currency become unavailable for you before they are provided to you but after the transaction has been made. Besides, if you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 (seven) working days of the date of purchase ("Cooling Off Period") may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period.
4.9. Please note that if You request Your personal data to be erased as specified in Privacy Policy, You will permanently and without a right to a refund lose all Your Virtual Items. YOU ACKNOWLEDGE THAT ADVANT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR DATA.
5.1. If you purchase or use Virtual Items and Virtual Currency, such Virtual Items and Virtual Currency are provided to you solely for your personal and entertainment use. They may only be used in Advant Applications, and they have no "real world" value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in Advant Applications; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
5.2. The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice. You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency.
5.3. If we find out that you attempted to or transferred your Virtual Items or Virtual Currency to another Advant User or third party or sold Virtual Items or Virtual Currency for real world money, we will delete your data and restrict your access to our Services.
5.4. Advant Applications are intended solely for your personal and non-commercial use. Advant may change, suspend or discontinue the Advant Applications (or any feature thereof) at any time. Advant may also impose limits on certain features and services offered in connection with the Advant Applications or restrict your access to parts or all of Advant Applications without notice or liability. You acknowledge that from time to time Advant Applications may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Advant may undertake from time to time; or (iii) causes beyond the control of Advant or which are not reasonably foreseeable by Advant.
5.5. Collection and processing of your personal data related to your use of Advant Applications as a Member is regulated by our Privacy Policy that you can read by following the link https://advantstudio.com/privacy-policy.html
6.1. Games and applications include virtual in-game currency such as coins, cash and / or gold, which can be purchased with real money and, in turn, used to purchase virtual in-game items (“Virtual Items”).
6.2. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them.
6.3. All Virtual Currency and Virtual Items transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency and Virtual Items, You are bound by and agree to the third-party payment providers’ Terms of Use.
6.4. Price and availability of Virtual Items are subject to change without notice.
6.5. Advant may manage, regulate, control, modify or eliminate available Virtual Items at any time, with or without notice. Advant may also revise the pricing for the goods and services offered through the Service at any time. Advant shall have no liability to You or any third party in the event that Advant exercises any such rights.
6.6. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have been designated by the U.S. Government as a «terrorist supporting» country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation
7.1. Both Members and other Advant Users have an equal right to use our Services that are not Advant Applications.
7.2. In particular, all Advant Users have the right to search and browse through:
7.2.1. Official web-site of Advant advantstudio.com and official web-sites of our partners, subsidiaries and licensors that provided us with exclusive, sole, and sub-licensable right to use Advant Applications;
7.2.2. Other web-sites belonging to Advant, its subsidiaries and licensors;
7.2.3. Accounts, pages, and societies of Advant in social networks (such as Facebook, Instagram, YouTube etc.);
7.2.4. Web-pages of Advant at application stores (such as AppStore and Google Play);
7.3. Advant Users have the right to post, view, upload, create, and modify any lawful User Content in or through Services, including posting, viewing, uploading, creation, and modification by use of the accounts, pages, and societies of Advant in social networks (Facebook, Instagram etc.). Such actions can be performed by all Advant Users to the extent that they do not violate other Advant Users’ rights.
7.4. Collection and processing of your personal data related to your use of Advant Services as an Advant User is regulated by our Privacy Policy that you can read by following the link https://advantstudio.com/privacy-policy.html
8.1. Our Services and Advant Content are protected by copyright, trademark, and other laws of the Republic Cyprus, legal acts of European Union, and other foreign countries laws and regulations. Except as expressly provided in these Terms, Advant, its subsidiaries, and our licensors exclusively own all Intellectual Property Rights.
8.2. Advant owns all right, title and interest in and to any Customizations, and you hereby waive any and all rights you may have had in any Customizations under copyright law or otherwise.
8.3. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or Advant Content.
9.1. All User Content that is created, posted, uploaded, viewed, commented on, or modified on or through the Services by Advant Users, as well as any Customizations provided by Advant Users in respect of Advant Applications shall comply with copyright and other intellectual property laws, including Digital Millennium Copyright Act (DMCA), and shall not violate Intellectual Property Rights and intellectual property rights of other Advant Users. The use of the Advant Content by Advant Users shall not violate copyright laws, including Digital Millennium Copyright Act (DMCA), and other intellectual property laws and regulations.
9.2. If you believe someone has uploaded User Content or Customizations to our Services that infringes your copyright or your trademark and violates DMCA, please let us know by sending us an Intellectual Property (IP) infringement notice.
9.3. For copyright notices, the notice must meet all requirements of the DMCA (described below). For trademark infringement notices, person or legal entity must provide Advant with clear information about the location of the allegedly infringing work, complete information about trademark, and contact information (name, physical address, e-mail address, and telephone number).
9.4. You can send a DMCA Notice, DMCA Counter Notice or Trademark Notice to the following e-mail: support@advantstudio.com. You can also send a DMCA Notice, DMCA Counter Notice or Trademark Notice to our address: Vyzantiou, 5 Spyrides Tower, Strovolos, 2064, Nicosia, Cyprus.
9.5. When you send a DMCA Notice, DMCA Counter Notice or Trademark Notice to us, we always provide a copy of your notice to the Advant User who uploaded the User Content or Customizations you say are infringing.
9.6. If you believe your copyright-protected work was used in our Services without authorization, you may submit a DMCA Notice. It should contain:
9.6.1. A clear description of the copyrighted work infringed;
9.6.2. The uniform resource locator (URL) where the material you claim is infringing is located on our Services, or a description of that location sufficiently detailed for us to find it;
9.6.3. A statement that you have a good faith belief that the use of the content identified in your DMCA notice is not authorized by the copyright owner, its agent or the law;
9.6.4. Your contact information (such as your name, physical address, e-mail address, and telephone number);
9.6.5. A certification, under penalty of perjury, that the DMCA notice is accurate, signed (either electronically or physically) by the copyright owner or the copyright owner’s legal representative; and
9.6.6. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on copyright owner’s behalf.
9.7. Before you file your DMCA notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees. If you are unsure whether someone’s use of your copyrighted material amounts to infringement, please contact an attorney.
9.8. If you believe we disabled your content on our Services as a result of an improper copyright infringement notice, you can file a DMCA Counter Notice. Advant will only take action in response to DMCA Counter Notices that contain all of the following:
9.8.1. A clear description of the material we disabled and the location where it was hosted before disabling;
9.8.2. A statement that you consent to jurisdiction of the Federal District Court for the Southern District of New York and that you will accept service of process from the person who filed the DMCA notice you are responding to or their agent;
9.8.3. Your contact information (such as your name, physical address, e-mail address and telephone number); and
9.8.4. A statement made and signed by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
9.9. Before you file your DMCA Counter Notice, please carefully consider whether your use of the material at issue is infringing. If you file a DMCA Counter Notice when your use is infringing, you could be liable for costs and attorneys’ fees. If you are unsure whether your use of the content at issue amounts to infringement, please contact an attorney.
9.10. We process copyright notices in the order they are received. Please note that submitting duplicate DMCA notifications may cause delayed processing.
9.11. Our response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material.
10.1. Our Services and Advant Content are provided as is, without warranty of any kind, either express or implied.
10.2. Without limiting the foregoing, Advant explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
10.3. Advant makes no warranty that our Services, Advant Content or User Content will meet your requirements or will be available on an uninterrupted, secure, or error-free basis.
10.4. Advant makes no warranty regarding the quality of any Services or Advant or User Content purchased or obtained through our Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any Advant or User Content obtained through our Services.
10.5. No advice or information, whether oral or written, obtained from Advant or through our Services, Advant Content or User Content, will create any warranty not expressly made herein.
11.1. Advant is not liable to Advant User or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if Advant has been advised of the possibility of the loss or damages), including losses and damages:
11.1.1. resulting from loss of use, data, or profits, whether or not foreseeable;
11.1.2. based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or
11.1.3. arising from any other claim arising out of or in connection with Advant User’s use of or access to the Services.
11.2. By agreeing to these Terms, you specifically acknowledge that Advant is not liable for the defamatory, offensive or illegal conduct of other Advant Users or third parties, and that the risk of injury from the foregoing rests entirely with you further. Advant will also have no liability for any User Content uploaded to or downloaded from or through the Services.
11.3. In no event will the total liability of Advant arising out of or in connection with application of these Terms or use of Services exceed 100 (one hundred) U.S. dollars.
11.4. The rules provided in paras.10.1-10.3 of this Section do not apply if imperative rules of applicable law provide otherwise.
12.1. These Terms, their validity, interpretation, modification, and performance are governed by the law of the United Kingdom of Great Britain and Northern Ireland.
12.2. If laws and legal acts of other countries or supranational and international organizations, including, but not limited to, DMCA, California Consumer Privacy Act (CCPA), and General Data Protection Regulation (GDPR) provide that the business activity of Advant related to providing Advant Users with access to the Services is governed by these laws and legal acts, and such provisions are peremptory and cannot be avoided by Advant, such laws and acts apply.
12.3. If an Advant User has any concern about application of these Terms or does not agree with any of the actions of Advant related to the application of these Terms or providing Advant Users with the Services, such Advant User shall send a claim to Advant via e-mail support@advantstudio.com. Advant shall response to the claim within 30 (thirty) calendar days after receiving the claim. Advant sends the response to the claim to the e-mail address of Advant User that he mentioned in the claim.
12.4. If the Advant User is not satisfied with the response to the claim, he can resolve a dispute in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State.
12.5. All other disputes between Advant and Advant Users with respect to the application of these Terms shall also be resolved in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State.
12.6. With respect to disputes determined in para.11.4 of these Terms both Advant and Advant User that has agreed to these Terms waive any objection to jurisdiction and venue in courts specified in this Section of the Terms. In resolving the dispute specified in para. 11.4 of the Terms, the court shall apply the law of the United Kingdom of Great Britain and Northern Ireland unless otherwise is explicitly provided by laws and legal acts of other countries application of which cannot be avoided by Advant.
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only, and the English version shall govern to the extent of any inconsistency.
All communication with Advant regarding the application of these Terms or the use of the Services is conducted through Advant e-mail support@advantstudio.com. You can also send us a mail to our physical address: Vyzantiou, 5 Spyrides Tower, Strovolos, 2064, Nicosia, Cyprus.
We also use the following third-parties' trademarks in our website:
- Apple, the Apple logo, iPhone, and iPad, which are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.
- Google Play and the Google Play logo are trademarks of Google LLC.