Maksim Khusainov
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Joined: 26/05/2009 09:26:30
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End User License Agreement ANY USE OF THE GAME AND ITS SEPARATE OBJECTS MEANS THAT YOU ARE ACQUAINTED AND AGREE WITH THE UNDERWRITTEN AGREEMENT, AND UNCONDITIONALLY ACCEPT ALL ITS TERMS. IF YOU DO NOT AGREE WITH THE ENTIRE AGREEMENT YOU HAVE NO RIGHT TO USE THE GAME AND ITS SERVICES AND YOU ARE OBLIGED TO LEAVE THE SITE IMMEDIATELY. Main terms and definitions: Administration –persons acting in the name and on behalf of the Owner and providing operation of Game; Game – interactive multiuser online game «Tanki Online», including its components, both separately, and in aggregate, all totality of Materials, images, sounds, computer programs, web resources located on Site; Materials - different objects in the form of texts, drawings, images, sounds, programs, commands, etc., placed in Game by Administration or by other Owners by approbation of Administration ; Pay service – paying granting of the exclusive right to use additional Game possibilities in the extent and on the terms provided by Administration; Payment – license fee for Pay service. The order, determining the amount of license fee, is regulated by Instruction about purchase of crystals; Payment Agent - the legal entity which receives payments from Users by means of various payment systems; End User License Agreement (or Agreement)- the present license agreement on granting an exclusive right to use Game with all annexes to it, being its integral part, including Rules of Game, the Instruction about purchase of crystals, and also other rules, instructions placed by Administration on Site; User (or Licensee) — the individual person who has come into the Site and using Game, its trial versions, materials, other services, including paid, as before the registration procedure in Game, and after registration procedure; Owner (or Licensor) –Limited liability company Tanki Online, box 7168, Perm-100, Tanki Online LLC, the owner of exclusive rights to Game; Using Game – legal types of using Game: Game starting by Users; using of technical possibilities of Game on free and on paid basis, Game installation, actions necessary for operating Game according to its purpose; Site - Game, all totality of the web resources located at the domain http://tankionline.com and its sub - domains; Service – granting of an exclusive right to Game using both on pay, and on free basis, to the extent and on the terms provided by Administration; Parties - User (Licensee) and Owner (Licensor); Other terms, definitions and word combinations used in Game, have its meaning and are interpreted according to the established practice of using given terms, definitions and word combinations at work in the field of Internet technologies, and also according to the current legislation of the Russian Federation. 1. General provisions 1.1. User guarantees that he is invested with all powers to use Game, there are no legislative restrictions on using Game concerning him, he obtains all necessary permits in the form required by law. 1.2. The minor user guarantees presence of the parents’ permission or its legal representatives on spending money given by parents, legal representatives or third parties. Use of any payment method to pay Game services is improvement of the presence of above mentioned permission. 1.3. The present Agreement establishes relationships between Administration and User; it is concluded from the moment of beginning any using of Game. Additional improvement of Agreement conclusion between Administration and User is passing of registration procedure in Game. 1.4. The present Agreement can be changed, added, replaced in any form and at any time without the preliminary or subsequent notice to User. Any changes, additions enter into force after 10 (Ten) days from the moment of making corresponding change, addition. 1.5. User is obliged to independently check any changes and additions to Game. 1.6. All changes, additions retroact and extend on the previous Parties' relationships. 1.7. Any further use of Game means unconditional acceptance of the modified version of Agreement. 1.8. Entitlement for use of Game is given on the conditions “AS IS”. Owner doesn't give any guarantees concerning unerring, uninterrupted, contiguous work of Game, conformity of Game to the requirements and the expectations of User. Owner doesn't bear responsibility for any direct or indirect damage due to using or impossibility of use of Game, and also doesn't give any other guarantees which is not specified (fixed) in Agreement. 1.9. The list and pay services costs are defined solely by Administration and can be changed at any time. Administration doesn't bear responsibility for actions of Payment agents at reception and processing payments, including but not limited to, for quality and terms of reception and processing payments, for the information given or not given by Payment Agent. 1.10. All payments made by User are voluntary, definitive and non-recoverable. 1.11. User doesn't give any Personal information to Administration, and Administration doesn't process or store it. 1.12. In the case of registration form will provide granting by Users any Personal information for the execution of this Agreement in the Game or other terms of Game established by Administration User gives the consent on processing the Personal information by Administration, on reflection the Personal information on User personal page and, on making the Personal information public from the moment of its granting and on distribution the Personal information to the third parties. The purpose of the processing the Personal information is appropriate and qualitative Services granting to Users and realization other actions provided by Agreement. The purpose of the Personal information processing is gathering, systematization, accumulation, storage, use, transfer to the third parties, destruction and other actions necessary for execution of the entire Agreement . 1.13. Owner obligates to take necessary and sufficient organizational and technical measures for protection the Personal information of User against illegal or casual access, destruction, alteration, blocking, copying, distribution, and also against other illegal actions of the third parties. 1.14. The present Agreement is the written offer that is the suggestion to conclude Agreement on the given conditions. The Acceptance, i.e. consent with all conditions of the offer, is deemed realization by User factual actions of using Game, and passing of registration procedure in Game. 1.15. Since Acceptance of this Offer User agrees to receive promotional materials distributed by the Administration / Owner, including, but not limited to, telecommunication networks, using telephone, facsimile, mobile, radio communications and other means. Additional confirmation of User's consent to receive promotional materials by any means is providing Owner (Administration) by User e-mail address or phone number by Game means. Since User's consent to receive promotional materials Administration has the right to send out to Users messages complying with Russian law of any advertising nature (including, but not limited to e-mails, sms-messages, etc.). 2. Subject of Agreement 2.1. In accordance with the conditions of this Agreement, Administration provides Users with any right to using Game on the terms of the non-exclusive license. 2.2. User has no right to transfer any exclusive right of Using Game to third parties. 2.3. Owner gives to User the right to Using Game for the period of validity an exclusive right to Game. 2.4. In accordance with Agreement, Owner gives the right to use Game on whole world territory . 2.5. Transfer of an exclusive right to Using Game to the new owner isn't a cause for amendment or cancellation of this Agreement. 3. Rights and duties of User 3.1. User has the right to use Game for any personal and non-commercial purposes. 3.2. User has the right to use all facilities and services of Game, to make all actions provided by Game, to participate in communication on sites by sending messages, to direct complaints and proposals for Game improvement to Administration, to make any other actions provided by Game and/or approved by Administration. 3.3. User is obliged to comply with conditions of entire Agreement and rules of applicable law; 3.4. User is obliged to regularly check actual edition of Agreement and to learn its conditions; 3.5. User is obliged not to disclose and transfer the account data to the third parties; 3.6. User is obliged to use Game only on the conditions of this Agreement. User has no the right to change, decompile, reverse, assemble, decipher and to make other actions with source code of Game for violation protection system from, illegal use of Game and obtaining information about realization of algorithms used in Game. User hasn't the right to create derivative software products by using of Game without Owner written consent; 3.7. User is obliged to provide access to Game at its own expense, and to incur all expenses for granting access to the Internet. 3.8. In the case of violation of Agreement provisions 1.1., 1.2., 3.1-3.8. User is obliged to stop using game immediately. 4. Rights and duties of Administration. 4.1. Administration is entitled to undertake any action for restricting or blocking access to Game of Users, violated conditions of this Agreement, at its sole discretion and without any explanations. 4.2. Administration is entitled to remove or change, any information, content, materials placed on Site and other Owner or other legal owners resources of without warning of any User. 4.3. Administration is entitled to close and/or to limit functionality of Game at any convenient for Administration time, without the prior or following notice of User. 4.4. Administration is entitled to change quality of granting Services unilaterally, at any time and in any extent and volume, moreover, if there is any sufficient basis to stop Service rendering without the prior and following notice of User. 4.5. Administration is entitled to collect the information about User. Administration can keep track of and store information about IP-addresses, using files of technical information (cookies), placed on the local terminal of User or visitor of Game. Any personal information reported to Administration as a result of Parties interaction , should be transferred to Administration only for Agreement execution and shouldn't be transferred to the third parties except for Agreement execution or in accordance with the legislation requirements. 4.6. Administration has the right to unilaterally refuse from Agreement and to stop Game service without prior notice. 4.7. Administration is entitled to unilaterally refuse from providing Services and returning any payments made by User. 4.8. Administration doesn't bear any responsibility for any direct or indirect damage caused as a result of using or inability to use Game or information about Game, as well as in connection with the third parties actions, including other users of Game. 4.9. Administration doesn't bear any responsibility for actions provided by the provisions 4.1.-4.8. of Agreement. 4.10. Administration transfers to User the free access to Game subject to observance of this Agreement by him. 5. Intellectual Property Right 5.1. Exclusive rights of Using Game belong to Owner of Game; copyrights belong to creators of Game; 5.2. Exclusive rights to Materials given by Users transfers to Owner automatically at the moment of its placing on Site, including right to use for personal and commercial purposes, place, modify, adapt, transfer to the third parties, create derivative Materials, expand, reproduce, make public demonstration, make public, delete Materials. The copyright belongs to User created Material; 5.3. Any use of Objects of intellectual property placing at Game without prior Owner consent is forbidden anyway. 5.4. Placing Materials, site links in Game by Users or the third parties doesn't mean that Owner has approved such placing and recommends it. Owner doesn't bear any responsibility for content of this Materials and sites, for any direct or indirect damage caused by usage of this Materials or sites. 6. Applicable law 6.1. Agreement and its execution are regulated by the material and remedial legislation of the Russian Federation 6.2. Invalidity of one or more conditions of Agreement, established by the decision of the court, doesn’t entail the nullity of the Agreement as a whole. 7. Responsibility of Parties 7.1. User bears full personal property responsibility for any Materials and information placed by him in Game; 7.2. User is obliged to pay all damages caused to Administration and the third parties in connection with Agreement breach; 7.3. Administration doesn't bear any responsibility, including but not limited to, for actions of the third parties, for quality and speed access to the Internet, for theft, destruction of materials and Users account , for any damage or harm, including harm to honor, to dignity, to business reputation, for full or partial default of obligations if such default was caused of force majeure, i.e. extraodnary and inevitable circumstances, fixed by act of competent authority. 8. Other Conditions 8.1. The Pretrial dispute resolution procedure is obligatory. User's claim should be sent on the box 7168, Perm-100, Tanki Online LLC (а/я 7168, Пермь-100, ООО «Танки Онлайн»), it should contain the specific list of violations made by Owner and/or Administration, account login, contact information and User signature. Non-compliance with the form or content of the claim entails non-compliance with the Pretrial dispute resolution procedure. Term for claim consideration and for sending the answer makes 30 (Thirty) business days from the moment of its acceptance. 8.2. In the case of dispute is not settled by Pretrial dispute resolution procedure, the dispute may be referred by any interested party in the Leninskiy court of city Perm, Russia.
This message was edited 3 times. Last update was at 20/04/2012 09:39:55
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