User agreement

This document is a translation of User Agreement in English. In case of conflict between the Russian version of User Agreement and this translation – only the Russian version of User Agreement is legally binding. The Russian version of User Agreement can be found here: http://crazypanda.ru/eng/user-agreement

 

  1. Essential Terms

 

Internet Panda Limited Liability Company (hereinafter Company) is publishing this User Agreement (hereinafter Agreement), which constitutes a public contract (in the form of an official offer) with a private individual, who accepts and agrees to the terms of this User Agreement and its Appendices.

Blocking refers to limiting access to the game by blocking a user’s account in the application.

Game refers to a program for an electronic computer comprised of a body of data and commands designed to function as a whole on stationary computers and other computing devices (including mobile devices) and hosted on Company’s server(s), including the Server Core, the Game Client and the Website.

Game Client refers to a program for an electronic computer hosted by social networks, including, without limitation, VK.com, Odnoklassniki, My.Mail.ru, Facebook, etc., as well as on Google Play and App Store mobile platforms, which provides necessary intercommunication with the Server Core as a key element to the gaming process.

App Store Mobile Platform refers to an application store, a department of the iTunes Store online supermarket, that contains various applications for iPhone mobile phones, iPod Touch music players and iPad tablets, as well as for personal computers (via iTunes), which allows downloading applications at a given price or free of charge.
Google Play Mobile Platform refers to an application store by Google сompany that allows owners of mobile devices running on Android operating system to download applications at a given price or free of charge.

User refers to a private individual who has entered into this User Agreement with the Company in compliance with regulations set out in Clause 2 of this Agreement.

Appendices are supporting documents: Privacy Policy, Game Rules, as well as any other regulatory documents that are made available to the User for review and acknowledgement through being published on the Website and/or via the Game Client.

Registration refers to the procedure of creating a User Account.

Website refers to Company’s website located online at http://crazypanda.ru; its interface provides User with access to information and services associated with the Game (e.g. Forum, Chat, etc.).

Server Core refers to a program for electronic computers hosted on the server that provides intercommunication between Game Users as part of the gaming process.
Service refers to a common definition of the Game, the Website and all the resources associated with them.

Agreement refers to this User Agreement, as well as its Appendices.
Social Network refers to the platform, an online service or a website designed to develop, reflect and organize social relationships. Any reference to Social Networks in this Agreement and its Appendices includes, without limitation, the following networks: Facebook, VK.com, OK.com, MyMail.ru, Kanobu Games, as well as other social networks that provide access to the Game.

Features are additional services to the User, which allow them, for a given charge, to obtain additional Game functions and options that make the gaming process easier.

User Account refers to the set of User data that help identify and authorize the User in the Game, as well as log and record actions and events that reflect User’s participation in the gaming process.

Penalty refers to the annulment (reset) of the User’s game balance in response to a breach of rules of the application.

 

  1. Accepting Terms of Agreement

 

    1. This User Agreement (hereinafter Agreement) is a legally binding contract between Company and Game User (hereinafter User).
    2. This Agreement is comprised of the User Agreement and the following Appendices: Privacy Policy and Game Rules (Appendix 1). The Agreement and its Appendices are public documents and are available for review by any Internet user through simply following the hypertext links displayed above.
    3. Any private individual who wishes to obtain access to any of the Games by the Company becomes a User at the very moment they accept all the rights and obligations set out in this Agreement, effective immediately.
    4. By choosing to register with a social network (Facebook, VK.com, OK.com, MyMail.ru, Fotostrana and other networks that provide access to the Game) and proceeding to log in to the Game by clicking on “Run Game”, “Play”, “Play Now” or similar buttons, or installing the Game on a mobile device via Google Play or App Store Mobile Platforms, the User agrees with the terms of this Agreement and Privacy Policy.
    5. Should the User not agree with any of the clauses set out in this Agreement or its Appendices, they must immediately cease to use the Website and the Game.
    6. The fact of the User accepting this Agreement constitutes a full and unreserved acceptance of its terms, as well as of its Appendices – and a full acceptance of the Company’s offer in compliance with paragraphs Nos. 426, 428, 435-444 of the Russian Federation Civil Code of law.
    7. Upon completing all the actions defined in Clause 2.4 of this Agreement, the Agreement is deemed executed in written form and effectuated.
    8. Any private individual aged 16 by the time of entering into this Agreement can become a User. In case of purchasing Features for a charge, a minor individual (of less than 18 years of age) and/or a partially disabled person must first obtain a permission to do so from their legal representative(s). By completing the purchase of Features for an attributed charge, a minor and/or partially disabled User indicates that they have indeed obtained that permission, and the Company will leave it to their sole discretion to be honest and will not be obliged to investigate if such permission was indeed obtained.
    9. All the risks associated with the lack of such permission to purchase Features, whenever such permission is needed, are borne by the User.
    10. Should the Company demand to do so, the User obliges to provide the Company with written consent and passport information of their legal representative(s), thus confirming that their permission to purchase Features had been duly obtained by the User.
    11. IN CASE IT IS FORBIDDEN BY YOUR STATE LAW TO RECEIVE GAME SERVICES ONLINE, OR THERE ARE ANY OTHER LAWFUL RESTRICTIONS TO ONLINE GAMES, INCLUDING AGE RESTRICTIONS ASSOCIATED WITH ACCESS TO SUCH SERVICES, YOU HAVE NO RIGHT TO USE THE GAME OR ANY SPECIFIC SERVICES AND/OR FEATURES OF THE GAME, AND YOU ARE OBLIGED TO QUIT USING THE GAME OR ANY SUCH SERVICES IMMEDIATELY.
    12. Company reserves the right to introduce amendments to this Agreement and its Appendices. Upon introducing any amendments to the Agreement, the Company notifies all of its Users by publishing an updated version of the Agreement on its Website at http://crazypanda.ru/eng/user-agreement no later than 5 days prior to the amendment coming into force. All the previous versions of this Agreement are stored in Company’s archives.
    13. User obliges to review this Agreement and its Appendices regularly to familiarize themselves with the amendments at their sole discretion. Should the User have not been familiar with the latest version of the Agreement, this cannot serve as a basis for non-compliance with its terms and non-execution of User’s obligations, as well as non-compliance with restrictions set out by this Agreement. In case the User cannot agree with amendments introduced to this Agreement, they should immediately cease to use the Game and/or Website.
    14. In case of breach of this Agreement or its Appendices by the User, Company reserves the right to send the User a notification/warning regarding the specific breach and/or immediately terminate/suspend User’s access to the Game. User hereby accepts and agrees that the Company is not obliged to send out such a notification of termination or suspension of their access to the Game in advance, yet the Company may still choose to do so.
    15. User agrees that Company has the right to deny any user their access to the Game on the basis of technical reasons without notifying the User of it.
    16. User agrees that Company has a right to amend the contents of the Service at any time for any reason, with or without notifying the User of it, and will not bear any responsibility for doing so.
    17. User agrees that Company has the right to cease providing the Service at any time for any reason, with notifying the User of it at least 30 days prior to such cessation, and will not bear any responsibility for doing so.
  1. Subject of Agreement
    1. Company provides User with access to the Game on terms and with restrictions set out in this Agreement and its Appendices (hereinafter Game Access), as well as with access to additional Features at additional charges.
    2. Game Access is free of charge.
    3. There are Features (additional services) in the Game that can be purchased for additional charges; these simplify the gaming process for the User by making additional in-game items, advantages and possibilities available.
    4. Features are priced in specific in-game currency (hereinafter In-Game Currency). The relation between the In-Game Currency and the money paid in by the User is defined by the Company and is displayed/indicated in the in-game shop.
  1. Intellectual Property
    1. All materials (including, without limitation, designs, texts, graphics, images, videos, facts, applications, software, music, sound and other files, as well as their combinations and configurations) are products of Company’s intellectual activities and are protected from unauthorized use by law. All the rights associated with the Game and its components, as well as trademarks, are property of appropriate Rights Holders and are governed and protected by laws, conventions and international agreements in the field of intellectual property. Under this Agreement, User has no right to use any of the trademarks, brand names, services marks, logos and other means of individualization, as well as Company’s web domain names, unless User has Company’s authorized written consent to do so.
    2. User agrees that no materials associated with the Game may be altered, copied, distributed, reproduced, republished, downloaded, damaged, presented, posted, passed on or sold in any form and by any means, either in full or in part, and may not be in any other way used unless there is Company’s written consent to do so. This restriction does not apply to User-generated and User-owned content, as explained below, that can indeed be lawfully published. All other types of use of rights-reserved materials, including any secondary reuse and replication, require Company’s direct written permission, to be obtained in advance. Any reproduction or distribution of any Game materials in breach of terms of this Agreement is strictly forbidden and may result in strict civil and/or criminal action.
    3. Company’s hereby remains the sole proprietor of all property rights, including copyright and other intellectual property rights, for all the materials available from the Game, services and websites that belong to Company’s, as well as are published by the media. User agrees that they do not acquire any property rights to any of these materials by choosing to use the Game or accessing any materials available from the Game, services and websites that belong to Company’s, or to any materials derived from the original materials.
    4. Entering into this Agreement can under no circumstances be regarded as transfer and/or cession of any rights associated with the Game and/or its components, including, without limitation, Game characters by the Company, to the User. Moreover, managing and developing Game characters by the User cannot be regarded as User’s authorship or co-authorship of such Game characters by User and Company.
  1. User Content
    1. User agrees that they publish content as part of the Service at their sole discretion by using tools and technology provided by the Company. User understands and agrees that they cannot distribute, sell, forward, or license this content and/or the Game application in any way, in any country or in any social network or another technological environment without a directly expressed written permission by the Company. User renders the Company as the Service operator to act as an agent on behalf of the User.
    2. Any data, text, graphics, photographs and their combinations and configurations (hereinafter User Content) uploaded to the Service are subject to unlimited use by the Company, in full or in part, for commercial, non-commercial and/or advertising purposes.
    3. User acknowledges and agrees that any of their personal information within such content will at all times be processed by the Company in accordance with its Privacy Policy.
    4. User uploads all the texts, graphics and photographs, and the person who created the content accepts full responsibility for the content of such texts, graphics and photographs. This means that only Users, but not the Company, bear responsibility for any files uploaded, published, or in any other way made public.
    5. User obliges not to upload User Content that is: (i) insulting, unlawful, discrediting, libelous, threatening, misleading, inacceptable, pornographic, annoying, promoting hatred, or in any other way conflicting with or breaking the law; (ii) fraudulent or fact-twisting; (iii) not User’s property and is not protected by any current intellectual property laws, commercial secret laws, or is in any other way in breach of one’s right to private life, property rights, or any other private individual’s rights; (iv) an advertising or an offer to engage in commercial activity, offer to come into possession of money, products or services; or (v) a parody, where a parody constitutes mocking or impersonating a third person, or an intrusion into any third person’s private life.
    6. Company reserves the right, without obligation, to evaluate the extent to which any given User Content is in compliance with this Agreement, and reserves the right to remove such content at its own discretion, suspend and/or terminate this Agreement with a particular User deemed to be using any content that is in breach of this Agreement, current legislation or regulation, any resolution or demand by the court, or an administrative or any other regulatory government body.
    7. Company may choose to check or not check uploaded and circulating User Content, but by no means guarantees accuracy, quality, or integrity of any User Content posted via Company’s Services. When using the Services, User admits and accepts that they may come across material that she may find insulting and/or reprehensible. User accepts the fact that the Company bears no responsibility for any User Content under any circumstances, including, without limitation, errors in User Content and any damage or loss incurred as a result of re-using such User Content.
    8. On the basis of Clause 5.5 of this Agreement, Company reserves the right to remove (temporarily or for good) any User Content from its Service(s), with or without an appropriate User notification.
  1. Terms of Game Access and Providing Services to User
    1. Provision of Game Access and Company’s Services to the User under this Agreement is executed upon the condition of the User familiarizing themselves with and confirming their acceptance of this Agreement and its Appendices in the order indicated by Clause 2 of this Agreement.
    2. User obtains Game Access within limits and under restrictions set out in this Agreement and its Appendices. Further on, User may purchase Services for additional charge (the Features).
    3. User pays for the Features in the order prescribed by this Agreement and its Appendices.
    4. User pays for the Features by means of expending money in ways outlined on the Company’s Website, in the Social Network store, or in the Mobile Platform store. The outstanding amount to be paid is defined within the limits as set out by the chosen method of payment. Any Feature is deemed paid for from the moment the Company receives a confirmation of payment from the system that was used to perform the transaction.
    5. Once credit of money towards payment for Company’s Features is confirmed, the User Account is in turn credited with In-Game Currency of the quantity correspondent with the money paid. In-Game Currency is a standard unit that is used in the Game to attribute value to various Features and functions that are available to the User in the Game. In-Game Currency does not constitute a means of payment and cannot be used outside the Game in any way. In-Game Currency can be credited to the User Account without being paid for, but as a reward for completing certain actions in the Game by such User. Actions that entail an In-Game Currency reward vary across different Games (e.g., the User reaching a new level, or completing a number of specific requirements/achievements).
    6. After the appropriate quantity of In-Game Currency has been credited to the User Account, it can then be further used exclusively inside this Game, while the Services are considered fully provided to the User independent of the their own decision to use or not use this In-Game Currency inside the Game to pay for any in-game functions.
    7. User accepts and agrees that Company does not engage in reverse conversion of In-Game Currency (or any other in-game valuables) to money in cash or noncash form, and does not compensate and/or reimburse any User expenses, including any expenses associated with processing payment of money to the Company, and neither does it pay out any interest on money used. User has no right to purchase In-Game Currency or any in-game valuables from any third person or party, as well as sell and/or pass on In-Game Currency or in-game valuables to any other User free of charge.
    8. User accepts and agrees with the fact that In-Game Currency can only be used for obtaining additional in-game functions inside the Game, and that any funds credited to the in-game account are not subject to reimbursement under any circumstances.
    9. Information on additional in-game functions available via the Game, which can be obtained by means of reducing the In-Game Currency total associated with the User Account, is displayed as icons/pictograms/images and/or short descriptions of such in-game functions, as well as in the form of their attributed value to be charged in In-Game Currency, should the User wish to obtain them. An additional in-game function may only become available to the User if their In-Game Currency total is sufficient at the time of purchase. User accepts and agrees with the fact that the Company has the right to amend the order of selecting in-game functions and/or providing Services and Features.
    10. User agrees that, to record and archive User actions and activity inside the Game, including, without limitation, those associated with obtaining in-game valuables and other in-game functions, the Company employs exclusively the accounting system of its own or of the third party that executes such recording and archiving under the contract with the Company.
    11. Any publicly available or additional (paid) Services or Features in the Game are provided by the Game Company strictly. Should the Company establish that the User obtains any paid Services inside the Game from any unauthorized third party or person acting without Company’s consent, the Company reserves the right to suspend, restrict and/or terminate provision of such Services and/or Features to the User.
    12. In case of technical error, Game failure or shutdown, or intentional actions by the User resulting in the User obtaining additional (paid), services or Features, without appropriate payment for them – that is, no payment, incomplete payment, or no debit from the User Account towards obtaining these services, – the Company has a right to withhold the value of such services de facto obtained from any future money credit transaction by the User.
    13. User personally bears all the expenses associated with transactions of payment to the Company of any money, including any commission or additional fees. User must save all the documents that constitute proof that they had indeed paid for additional (paid), services or Features, for the whole period of using the Game and, upon Company’s request, be able to present such documents, as well as present any specific information about the circumstances under which those payments were executed by the User.
    14. Should the User breach this Agreement in any way, they may be denied any further provision of Services by the Company immediately, without any prior notification, or such Services may be suspended or restricted partly or in full. The list of grounds for such suspension, restriction and/or termination of provision of Services may be found in Appendix 1 to this Agreement.
    15. Obtaining any additional (paid), services or Features, by the User does not relieve them from having to comply with this User Agreement or from being subject to any disciplinary measures outlined by this User Agreement.
    16. Company accepts no responsibility for potential unlawful actions by the User associated with paying for additional (paid), services or Features, in the Game.
    17. Company reserves the right to suspend, restrict or terminate provision of Services or additional (paid) services, or Features, to the User at its sole discretion, should there arise any basis to believe that the User has been engaging in unlawful activity, until the situation is clarified/resolved.
    18. In certain cases, Company reserves the right to forward certain User information to legal authorities, if the User acts in breach of this Agreement.
    19. If the User has any complaints about the content of de facto provided Services, they must immediately inform the Company by email via the special online form at http://crazypanda.ru/eng/contacts, specifying their identification details, the instances that brought up the complaint, the time and date of the incident, and the reasons behind the complaint.
    20. In case the Service was not provided or was provided inappropriately and/or incompletely, the User has a right to file a complaint to the Company. No compensation under the terms of this Agreement may exceed the In-Game Currency value of the Service, Feature or function in dispute that was not provided or was provided inappropriately.
    21. User acknowledges and agrees with the fact that Company reserves the right to amend this Agreement and its Appendices and the list of and prices attributed to Services at its sole discretion, publicly notifying of such amendments on the Website at a permanent URL address of http://crazypanda.ru/eng/user-agreement and/or by email and/or in the Game Client no later than 5 days in advance of the said amendments coming into effect. By continuing to engage in the gaming process, the User expresses their agreement with the new amended terms and conditions.
    22. User agrees that any elements (objects) of the Game may be added, altered and/or removed from the Game at Company’s sole discretion at any time without seeking any User consent to do so, including incidents of expired licenses for any Game elements (objects). Moreover, the Company reserves the right to introduce alterations to the list of and prices attributed to Services at its sole discretion and amend the order of conversion of money credited by User in exchange for In-Game Currency by publishing all the altered information inside the Game.
    23. User agrees that the Game is subject to regular updates and upgrades that take place automatically without any prior notifications to and/or consent from the User, as well as that the Company has the right to shut down and/or restrict the Game utility at any time without any prior notifications to and/or consent from the User.
    24. User agrees, understands and accepts that the Game bears no relation to gambling, does not constitute a money game, a competition, or a bet, and that obtaining additional (paid) services, or Features, is done solely at their own discretion and is by no means a necessary or obligatory condition of playing/using the Game and/or taking part in the gaming process.
    25. Company operates the Game and its gaming processes solely at its own discretion. In order to collect statistical data and identify Game visitors, Company may track and store information on IP addresses that Users use to access the Game, as well as use cookies (technical information files) stored on Users’ local terminals/devices that are used to access the Internet and, subsequently, the Game.
    26. Company reserves the right to request, collect, store as well as use Personal User Data in accordance with the Privacy Policy, which can be viewed here: http://crazypanda.ru/eng/privacy-policy. User accepts and agrees that Privacy Policy is an inherent part of this Agreement.
    27. Company reserves the right to store and process Personal User Data after this Agreement has been terminated with the aim of confirming the fact that this Agreement had been previously entered into by the User and the Company and that the Company has duly executed this Agreement during its effective period.
    28. Company reserves the right to involve third persons or parties (agents, contractors, etc.) in provision of Services or executing settlements and payments between the Company and the User under this Agreement without seeking prior User consent to do so. When choosing to execute any payment for any Services in the Game, the User obliges to familiarize themselves with and accept the terms of specific payment systems and agent operations.
  1. User Obligations

In order to fully comply with the terms of this Agreement, User obliges to:

    1. Provide authentic information (including, without limitation, User’s current email address) upon registration, processing payments in the Game, and/or when filing complaintы to the Company.
    2. Comply with clauses of this Agreement and its Appendices rigorously.
    3. Never disclose and/or forward their identification details that are used to access the Game to any third person or party.
    4. Not use their Game Access, as provided by the Company, for commercial purposes.
    5. Not use any of the in-game valuables, items and/or advantages outside the Game (for either commercial or non-commercial purposes).
    6. Comply with the order of introducing/crediting money towards payment for Services as set by the appropriate payment system, as well as bear all the risks associated with the procedure of transferring money to the Company.
    7. Not breach intellectual property rights of the Company, the Rights Holder, or any other persons or parties associated with the Game and/or any Game components (including the Website and the Game Client). User, in particular, has no right to in any way copy, openly publish and notify of, or in any other manner distribute and replicate the Website, the Game (in full or in part), any materials (text, graphic, audio, video, etc.) from the Website or the Game, as well as the Game Client without prior written consent of the Company.
    8. At their sole discretion familiarize themselves with this Agreement and its Appendices that are published by the Company and are made publicly available on the Website.
    9. Follow Company’s instructions associated with the Game that have been made clear to the User in any way.
    10. At their sole discretion, provide all necessary technical and technological conditions for successful use of the rights and Services provided, including, without limitation, the following:
  • Equipment that enables User to access the Game;
  • Internet connection;
  • Software that is compatible with the HTTP data sharing protocol.

7.11. At their sole discretion, track availability of sufficient amounts of In-Game Currency in the User Account in the Game and save any documents that may act as proof of all necessary payments having been successfully completed throughout the whole period of use of the Game.

7.12. User guarantees that the money as a means of payment that is transferred to the Company belongs to the User on a legitimate basis at the moment of transaction, and that the User has full rights to manage and dispose of such money, including to pay for Company’s Services.

  1. Company Obligations

In order to fully comply with the terms of this Agreement, Company obliges to (with certain provisos outlined in this Agreement):

    1. Provide User with Game Access and Services under the terms of and with restrictions as set out by this Agreement and its Appendices. User accepts and agrees that Company’s obligations as listed by this Agreement depend in part on compliance by the User(s) with the terms of this Agreement and its Appendices, and that the Company reserves the right to deny the User any further provision of Game Access and/or Services in cases prescribed by this Agreement and its Appendices.
    2. Observe confidentiality of Personal User Data provided by the User, as well as not forward any User contact details to third persons or parties (except for persons or parties employed by the Company exclusively with the purpose of executing the terms of this Agreement and its Appendices), should this information not be publicly available as per User’s own discretion, unless required to by law, including court decisions and any other legislation of Russian Federation.
  1. Validity Period and Termination of This Agreement
    1. This Agreement is deemed valid for a period of 1 (one) calendar year from the moment that User accepts it. Once this 1 (one) year period expires, Agreement is renewed for every subsequent calendar year, unless the Company terminates this Agreement during one of such periods in the order stipulated by this Agreement.
    2. Company reserves the right to suspend or terminate at its sole discretion the effective validity of this Agreement with immediate termination of Game Access, Website access and/or access to any separate components of the Game and/or Website for the User, without any compensations or loss reimbursements to the User and without any explication to the User in cases defined in Appendix 1.
    3. Company also reserves the right to suspend User’s Game Access, Website access and/or access to any separate components of the Game and/or Website for the User in the following cases:
  • Planned or emergency technical maintenance works (installing updates, fixing errors, etc.);
  • Incidence of unexpected technical failures, breakdowns and any other force-majeure (acts of God) circumstances that inhibit access to the Game and/or Website;
  • Incidence of external force-majeure (acts of God) circumstances;
  • Threats of damage for the Company, any third party and/or Game Users;
    1. User has the right to cease to use the Game and engage in the gaming process at any time at their sole discretion without notifying the Company.
    2. In cases when it is implied by the Game mechanics/software, the User may terminate this Agreement at any time by deleting their User Account from the Game.

9.6. Company reserves the right at any time, and solely at its own discretion, to amend the order of provision of Game Access and/or Services in the Game, or to stop any further Game servicing, in full or in part, which may result in amendment or termination of this Agreement and its Appendices without prior User notification.

  1. Party Liabilities
    1. User bears responsibility for all of their actions associated with using the Game Access and for all the potential risks associated with obtaining Services under this Agreement.
    2. Company accepts no responsibility for any expenses and/or losses incurred by User, as well as any third person or party, arising from provision or non-provision of Game Access and/or Services by the Company to the User under this Agreement.
    3. User accepts full responsibility for safety and integrity of personal and  identification details that provide access to the Game’s Server Component, as well as for any losses that may be incurred as a result of unauthorized use of access to such details. In the case of loss of control over their User Account, User must immediately contact technical support to restore their access (any in-game valuables lost as a result of such loss of account control cannot be restored).
    4. Under no circumstances will Company accept responsibility for User’s losses associated with the period of effective provision by the Company of Game Access and/or Services, including, without limitation, losses incurred as a result of errors, glitches, pauses in connection, deletion of files, amendments to functions, defects, delays in data transmission and suchlike events that occurred through no fault of the Company’s.
    5. Company accepts no responsibility for any actions by the User that result in damage to third persons or parties, including incidents of the User posting information on the Website or in the Game (including the Game Forum, Game Chat, etc.). User accepts full responsibility for any information or data, as well as materials, published by them on the Website and/or in the Game.
    6. User hereby guarantees to Company that any information, details or materials posted, uploaded and/or referred to by them do not violate any third-party rights and are not contrary to the laws of the Russian Federation. In case of violation of third-party rights as a result of such posting or messaging, User obliges to compensate the losses incurred by Company and/or any third party at Company’s request, should these losses be incurred as a result of aforementioned actions by the User.
    7. In case when Company discovers, or has any reason to believe, that User engages in any unlawful activity (including fraud) associated with payment for Game Services, Company has a right to not only suspend or terminate this Agreement, but forward appropriate information to the legislative body/bodies as prescribed by Russian law to initiate and perform any necessary investigation.
    8. The Game is provided to the User in the form and version “as is”, and, to the extent permitted by the law, Company denies any other guarantees, conditions, obligations and statements, explicit or implicit, according to the law, common rights, customs, traditions, standards, or otherwise, in relation to the Game.
    9. In any circumstances the Company’s responsibility may not exceed the value of additional (paid) services, or Features, in money equivalent, obtained by User and provided by the Company.
    10. This Agreement is governed by the current laws of the Russian Federation in all areas that are not clearly set out by this Agreement.
    11. All disputes and litigations in reference to this Agreement are to be resolved by means of written and verbal communication as part of pre-court mediation/settlement. Any claim must be processed and responded to within 10 working days from the moment of receipt. Should it be impossible to reach an agreement between the sides of the dispute in this manner, the dispute may be forwarded by either of the sides to the court of general jurisdiction at the Company’s domicile.
  1. Other Regulations
    1. Recognizing any of the clauses of this User Agreement as invalid does not entail invalidity of any other clauses of this Agreement and/or any of the Appendices.

Appendix 1

to the User Agreement

 

Game Rules

WARNING! In case User engages in any actions not outlined in these Rules that nevertheless result in discomfort in the Game experienced by other users or stifle Company’s working processes, as well as represent a breach from Company’s point of view, Company reserves the right to apply disciplinary measures to this User at its sole discretion, depending on the severity of such breach. Should the User fully admit their guilt and express consent to diligently comply with this Agreement (including its Appendices) in the future, the Company has the right to impose on them a penalty payable to unlock the user account prematurely before the suspension period is complete; however, Company reserves the right to refuse to unlock the user account prematurely without explaining the reasons behind such decision.

 

 

  1. General Rules

 

This Appendix contains an open list of User actions and deliberations that may cause the Company, at its sole discretion, to deny, suspend or restrict provision of services to the User, including the Features – the additional (paid) services, including, without limitation, the following:

 

  1. Disrespectful attitude towards other Users, including, without limitation, the following: using profanities and/or insults in relation to other Users; using obscenities, insulting and provocative words, symbols and phrases when entering a name for one’s game character; using obscenities when entering names and descriptions of in-game user communities (e.g., teams); spamming (sending out information and announcements unrelated to the Game); flooding (multiple repeats, reproduction, copying and posting of the same information) in any of the Game’s chatting and messaging spaces.
  2. Disrespectful attitude towards the Company, including, without limitation, the following: using profanities and/or insults in relation to developers and the Company; rude and obscene statements about the Game; using obscenities when communicating with and insulting game project helpers, threats of violence and/or physical harm; blackmailing other Users or project administrators; extortion of in-game and non-game valuables.
  3. Promotion of hatred and/or discrimination of persons by race, gender, ethnicity, religion, social status, etc., as well as disrespectful attitude towards culture, race, people, language, politics and political regime, ideology, social movements, etc.
  4. Advertising, i.e. distributing advertising information that is not related to the Game, advertising products whose circulation is prohibited and/or restricted by the current laws of Russian Federation, as well as distributing information of external software that has not been approved by the Company.
  5. Impersonating a Company’s representative, including, without limitation, the following: creating character names, titles of in-game user communities (e.g., teams) and other identification signs that suggest an inherent association with the Company or its partners; presenting oneself as a Company’s employee or partner in front of other users.
  6. Using Game errors, i.e. using technical in-game errors and/or errors in any complementary software employed by the Game.
  7. Using prohibited software and cheating, including, without limitation, the following:
    1. Using programs and devices that emulate User’s presence in the Game, modifications to the Game Client, unauthorized access to Company servers, obtaining access to the Game’s source code;
    2. Using external software that enables server data spoofing, grants User gaming advantages inconsistent with the gaming process; intentionally engaging in actions that result in errors in the provision of the Service;
    3. Intercepting data from the game server, decompiling and/or reverse engineering of any of the Game files;
    4. Using unauthorized Game Client modifications (patches that alter the color or type of fonts, game character’s appearance, etc.).
  1. Hacking user accounts, multi-accounting, including, without limitation, the following:
    1. Distributing or intentionally coming into possession of information that allows obtaining access to Game user accounts or Website user accounts, distributing links to external resources that contain such information, as well as using information that allows access to other user accounts in the Game or on the Website;
    2. Disclosing one’s registration details to other Users;
    3. Creating additional Game accounts (except for the cases when the original account had been hacked) in order to gain advantages over other users.
  2. Selling or buying in-game valuables, including, without limitation, the following:
    1. Distributing information on selling/buying in-game valuables, on developing and/or upgrading in-game characters for funds not stipulated for in the project, as well as on intentions of committing any of the said actions;
    2. Distributing information on selling/buying in-game valuables for non-game valuables, including cash;
    3. Actual selling and/or buying in-game valuables for funds not stipulated for in the Game; actual selling and/or buying of User Accounts. Any attempt to engage in any of the actions described above is strictly prohibited, as is using items and/or in-game valuables in the Game that were obtained by other Users as a result of breach of this Agreement.
  3. Fraud, including, without limitation, the following: using credit payment systems without timely compensation/return of credit, and/or any other actions (including any attempts to perform the aforementioned actions) which seek to cover up the fact of using or gaining benefits without timely compensation/return of executed payments.
  4. Spreading rumors and/or libel seeking to discredit the Company, other Users, the Game overall, as well as presenting the Company’s employees with knowingly misleading information.
  1. World Poker Club Rules (in Addition to General Rules)
  1. World Poker Club reserves the right to block access to the application for any user account(s), or exercise any other measures, at any given time and for the reasons that include, without limitation, the breaches described in this document. The major criteria for making a decision to block a user account include the specific user performing actions that disrupt regular gaming process, contradicting the spirit and the main principles of fair play: that is, “fairness” and “competition” for all players.
  2. Incidents of breach of conduct that entail penalties and/or ban of access to the game, constitute unfair play and include, without limitation, the following:
    1. Fixing-up (or “cahooting”) between several players with the purpose of exchanging information in order to gain an advantage over other players, employing forbidden programs and services to achieve that;
    2. Intentional passing of chips masked as losing the game (the so-called “chip dumping”). This clause also includes using several user accounts by a single user for the purposes described above;
    3. Transferring Respect and other game valuables between accounts that belong to a single user;
    4. Driving up the game valuable totals artificially by inviting accounts into the game that were specifically created for the purpose, as well as inviting other user accounts that belong to the same user, and by any other means not provided for by the application;
      using other person’s game account(s), as well as selling or in any other way transferring your own user account, or acquiring another person’s account, including doing so by means of exchange or gifting;
    5. Selling and/or acquiring game valuables within the application from other users by any means that are not provided for by the application;
  1. All actions described in clauses 2.2-2.4 entail an automatic and non-disputable blocking of the user account access to the application.
  2. All actions described in Clause 2.5 entail blocking of the user account access to the application and permanently ridding the user of the right to re-register and use the application in the future again.
  3. Player with 5 penalties gets their access to the application blocked forever without prior notification.
  4. In case of any other breaches of conduct, the application admin team reserves the right to impose a penalty or block a user’s access to the application at its own discretion.
  5. The World Poker Club (Company) takes extensive measures to detect and prevent fraud and unfair play, including checking user accounts, reviewing dealing history and analyzing programs running on user’s computers and devices at the same time as the World Poker Club application.
  6. Should an employee of the World Poker Club team (Company) believe that a user has engaged in unfair play, breaching the rules, the World Poker Club administration reserves the right to take appropriate measures. Unfair play is dealt with on the basis of the decision taken by the employee(s) of the World Poker Club team (Company) without prior notification.

 

 

Latest version: May 25, 2018

 

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