Diamond Scent Ltd, hereinafter referred to as "Administration", proposes to sign this Agreement on the terms and conditions set forth below with an individual or legal entity, hereinafter referred to as "User" having consented to the terms and conditions of this Agreement.
By accepting the terms and conditions of this Agreement, User shall consent to all the terms and conditions hereof. User's consent to the provisions of this Agreement shall be a obligatory condition to commence use of the Game "Fight Club" (hereinafter referred to as "Game").
The text of this Agreement may be modified by Administration without sending any special notice to User by publishing the actual version of the Agreement on site www.combats.ru, www.combats.com.
When accepting the terms and conditions of this Agreement, User (individual) shall acknowledge that he is capable and competent to conclude this Agreement.
When accepting the terms and conditions of this Agreement, User (legal entity) shall acknowledge that it is duly incorporated legal entity, solvent and that its participation in the Game will not contradict its constituent purposes and laws of the Russian Federation.
User shall warrant that the equipment and communication facilities used by him, including communication operator's services used by User are adequate and operable for participation in the Game.
The rights of the developers and owners of the Game placed on www.combats.ru, www.combats.com are protected by the Russian Federation laws on intellectual property protection and copyright.
This Agreement has been developed specially for the Game "Fight Club. Any distribution of the text of this Agreement or parts hereof may not be effected unless there is available Administration's consent in writing.
1. General.
1.1. "Fight Club" is the game located in the Internet at the address: www.combats.ru, www.combats.com.
A great number of users may take part simultaneously in the game "Fight Club".
1.2. Administration undertakes to provide User with access to the Game free of charge. User shall himself at his own expense pay up the Internet access.
Administration shall provide User with additional paid services, which list is determined by this Agreement or Appendixes to it. The procedures and terms for using the paid services are defined in Section 5 of this Agreement.
1.3. The description of the Game and its rules are given on the site : www.combats.ru, www.combats.com. in the Section "The Rules of the Game "Fight Club" and shall be an integral part of this Agreement and be binding on User.
1.4. "User" of the game is any person having been given access to the game, reviewing, copying or using otherwise the materials placed on : www.combats.ru, www.combats.com. in private or other manner for any purpose, whether commercial or private.
1.5. "Materials or "components" of the game shall be any text, photographic images, graphics as well as any data in visual, audio or audiovisual or other form being on : www.combats.ru, www.combats.com. This term shall also imply any materials placed on any other web-site or web-page with any available reference to : www.combats.ru, www.combats.com.
2. Subject of the Agreement.
2.1. Pursuant to the terms and conditions of this Agreement Administration shall grant to User the right to use the Game "Fight Club" around the clock except the period of maintenance and other circumstances preventing User from access to the Game arising not through Administration's fault.
2.2. User undertakes to observe the terms and conditions of this Agreement.
2.3. From the time of User's accepting the terms and conditions, all the terms and conditions of this Agreement shall apply to him.
2.4. In case of any User's violation of this Agreement Administration shall be entitled to refuse to User any further use of the Game.
2.5. Information placed on sites www.combats.ru, www.combats.com. shall be deemed an official information of the Administration binding on each User having signed this Agreement.
2.6. Persons under age shall be bound to coordinate use of the Game with their lawful representatives (parents, custodians and etc.). Minor's use of any additional (paid) services of the Game shall be performed on the terms determined in Section 5 of this Agreement.
3. Rights and obligations of the User
3.1. Rights of the User
3.1.2. At registration User shall select a login and password which will make it possible to identify User among other users of the Game. For access to the paid services User shall be bound to advise Administration the following reliable data about himself: date of birth, E-mail address, login and password in the Game.
3.1.3. User shall have the right to change his password. At the same time User shall be bound to provide himself non-disclosure (secret of) of his password and other necessary data and accordingly be responsible for integrity and non-disclosure of his password as well as for all risks (losses) connected therewith.
3.1.4. User shall have the right to register only one character.
3.1.5. User shall have the right to send claims and proposals connected with the use of the Game in writing or by E-mail to the addresses specified on site www.combats.ru, www.combats.com
3.2.1. On request of Administration User shall be bound to advise the reliable information about himself permitting identification of the owner of the character.
3.2.2. User shall have the right to purchase or sell his character, credits, Eurocredits, things as well as to perform any other similar acts only through the authorized representatives of Administration. If User becomes aware of any unlawful transactions (other than through dealers) he shall be bound to advise this to Administration.
3.2.3. User shall be bound, if it is necessary to perform any actions connected with use of the Game, to make sure that he is entering in legal relations with the Administration's representative authorized to do so. Each authorized representative shall possess a special distinctive sign which description is given on www.combats.ru, www.combats.com.
3.2.4. User may not use bugs (software errors) and shall be bound to report the same immediately to Administration, may not intrude into the software code, obtain unauthorized access to the computer system, receive without a proper permit of Administration, access to the data base of the game users or materials on www.combats.ru, www.combats.com.
3.2.5. User may not distribute any information aimed at unauthorized obtaining of passwords of access to the characters of the Game "Fight' Club" as well as distribute references to sites with similar information.
3.2.6. User shall be bound to treat with respect other users of the Game, namely: to use no foul language, not to assault or not to threaten any violence beyond the Game; not to distribute in any manner materials propagandizing or expressing non-acceptance of or hostility to any religion, culture. race, nation, people, language, policy, ideology or public movement; not to advertise porno-sites, drugs and resources containing similar information as well as not to perform any other similar actions.
3.2.7. User may not restrict access of other Users to the Game or interfere with other Users using the Game.
3.2.8. User undertakes not to transfer any information or software which contains viruses or other harmful components as well as to do other actions being inconsistent with the standards of the Russian and international laws being in force.
3.2.9. User shall be prohibited to copy, reproduce and translate into other languages any component of the Game without authorization of the Administration.
3.2.10. User shall agree that in case of his violation of the obligations Administration shall have the right at any time to apply sanctions to him implying ban on his use of the Game or apply to him any other disciplinary actions: warning, temporary blocking of the Game use, claim for damage and other actions.
4. Rights and obligations of Administration
4.1. Administration undertakes not to disclose intentionally information on User furnished by the latter during the registration to any third persons except as otherwise stipulated by RF laws and not to modify User's login and password without his consent. Administration shall not distribute among users any unjustified electronic and other messages (spam); should a user receive such message from Administration, he should immediately notify the Administration's representatives about this.
4.2. Administration shall not be held liable for any temporary technical failures and outages in the Game operation, temporary failures and outages in the operation of the communication line, other similar problems as well as for any failure of the computer used by User to access the Internet.
4.3. Administration shall not be held liable for any losses incurred as a result of the use or non-use of the Game information by User.
4.4. Administration shall be bound, upon confirmation of the entry of cash on account for the Game paid services, to represent the corresponding information evidencing the receipt of the cash from User.
4.5. Administration undertakes to provide operability of the software used for receiving information on cash transfer.
4.6. Administration shall have the right to reduce unilaterally the game account of the User should it reveal any unfair actions of the User resulting to any non-grounded increase of his game account.
4.7. Administration shall not be held liable to User for actions of other users.
4.8. Administration shall have the right to delete or modify any information placed by User on www.combats.ru, www.combats.com. without preliminary consent of Administration or not provided by this Agreement as well as other agreements with Administration.
5. Paid services of the Game "Fight Club"
5.1. User may use paid services of the Game at his own discretion.
5.2. Paid services of the Game may be used by legally capable Users having reached the age of 18. Persons under age shall have the right to use paid services of the Game in the order and on the terms as provided by the laws of the Russian Federation.
5.3. Any additional (paid) services of the Game "Fight Club" shall be used as provided and on the basis of an Supplementary Agreement to be made in writing between User and Administration or any other manner set by Administration.
5.4. Services to be paid up shall be as follows:
- providing game credits (eurocredits);
- providing artefacts;
- providing fight bunches;
- providing Game attributes.
5.5. The conventional payment unit for paid services shall be 1 eurocredit being equivalent to 1 euro. Payment shall be effected in RF roubles at the exchange rate of the Central Bank as on the payment date.
5.6. Administration shall have the right at any time to change the currency equivalent or exchange rate of the conventional unit or date and procedure of the determination thereof.
5.7. Additional services and conventional units may be acquired only from the persons authorized by Administration to sell such services. User shall bear all the risks connected with his acquiring any services in violation of the procedure and terms determined by this Agreement.
5.8. User shall be granted access to the paid services of the time of the payment thereof. When placed to the game account Eurocredits shall be converted into game credits and be subject to no reverse conversion.
5.9. Administration shall have the right at any time and unilaterally to change or add methods of cash payment for use of the Game paid services.
5.10. If User is blocked or terminates otherwise to use the Game, the non-used game credits shall not be returned to User or exchanged.
6. Special terms
6.1. Administration shall not warrant that the Game software contains no errors or will function without failure.
6.2. Administration shall not be held liable for losses or other damage incurred by User in connection with any actions of third persons including actions of the former employees of the Administration.
6.3. Administration shall reserve the right to remove from its servers any information or materials which Administration considers as unacceptable, undesirable or violating this Agreement.
6.4. Administration shall have the right unilaterally at any time to limit, expend or change the quality of the services without preliminary consent of User.
6.5. Administration shall have the right unilaterally and at any time to modify the tems and conditions of this Agreement. Modifications shall become effective of the time of the publishing thereof on site www.combats.ru, www.combats.com. or of the time set by Administration.
6.6. This Agreement shall be regulated by the standards of the Russian laws. Any disputes arising from this Agreement shall be settled by negotiation. Should a dispute be not settled by non-court way it shall be referred to the corresponding judicial body to be determined in accordance with the laws of the Russian Federation, unless otherwise is stipulated by the international law.
Effective date and term of the Agreement
7.1. This Agreement will come into force upon acceptance hereof by User on site www.combats.ru, www.combats.com. by User's selecting and pressing "I agree" option (or other similar option). User shall agree that the selection of the specified option by him shall mean that he has preliminarily familiarized himself with the terms and conditions of this Agreement and accept the same without any reservations.
7.2. The Contract is made for unlimited period.
7.3. Administration shall have the right to terminate unilaterally this Agreement and cease to provide the services on the Game use without paying any indemnity by preliminary notice of the Agreement termination to be sent to User at least 3 months prior to such termination. Notification may be made by publishing such information on site www.combats.ru, www.combats.com
7.4. All alterations, additions, appendixes to this Contract or other information shall be an integral part hereof and be binding of the time of the publishing thereof on site www.combats.ru, www.combats.com unless otherwise is established by Administration.
7.5. This Agreement is made in Russian and English languages. Should any dispute on the merits of the Agreement arise, the Russian text shall prevail. The official language on site www.combats.ru shall be Russian, the official language on site www.combats.com shall be English.
Contacts:
Diamond Scent Ltd.
P.O. Box 415
Templar House
Don Road
St Helier
Jersey
JE4 8WH
Channel Islands
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