TERMS OF SERVICE
Enkord Ltd, hereinafter referred to as the "Company", proposes to sign this Terms of Service (hereinafter referred to as the "TOS") on the terms and conditions set forth below with an individual person, hereinafter referred to as the "User" having consented to the terms and conditions of this TOS.
The User consents to accept irrevocably the then-current terms and conditions of this TOS (which is a mandatory condition) to commence using the Game “GUNROX” (hereinafter referred to as the "Game"), disposed in the Internet at the address: www.gunrox.com and also to referring to the present Game accompanying informational and entertaining resources (collectively the Game and informational and entertaining resources, hereinafter referred to as the "Project").
Any materials placed on the domain name gunrox.com comprise the Project.
The present TOS may be updated by the Company at any time without prior notice. The current version of the TOS is disposed at the address: www.gunrox.com/guide/terms/
By accepting the terms and conditions of this TOS, the User confirms that he has come to 18 years of age, he is capable and competent to conclude this TOS, that according to the laws of his state, the User does not have any prohibitions and limitations for obtaining the game services on-line.
By this the User is notified that the systematic long (continuous) staying at the personal computer can cause different physical complications including amblyopia, scoliosis, various forms of neurosis and other negative influences for the body. The User guarantees that he will use the Project only during the reasonable period of time with breaks for rest and other activities for preventive care of physical condition if they are recommended and prescribed to the User.
The User warrants that equipment and communication facilities used by him, including communication operator's services used by the User are adequate and operable for participation in the Project.
The exclusive rights of the developers and owners of the Project disposed at www.gunrox.com are beneficially owned by the Company Enkord Ltd and are protected by the Ukrainian law and the Rules of international law on intellectual property protection and copyright. This TOS has been developed specially for the Project “GUNROX”. Any distribution of the text of this TOS or parts hereof may not be effected unless there is available Company's consent in writing.
1. General provisions
1.1. The Company provides the User with access to the Project without charging the transmission fee. The User shall himself at his own expense pay up the Internet access.
1.2. The obtaining of additional (paid) services of the Project doesn’t release Users from observation the present TOS or the Rules of the Project.
1.3. "User" is any person having been given access to the Project according to the present TOS, using the materials placed on the domain name gunrox.com in private manner only for private non-commercial purposes.
1.4. All names, property rights and intellectual property rights in the Project and to the Project (including without exception any names, software (computer program and any files), databases, any text, photographic images, images, graphics as well as any data in visual, audio or audiovisual or other form, themes, characters, names of characters, stories, dialogue, popular phrases, places of location, illustrative material, material values of characters, structural and landscape designs, things (objects), and any documentation referring to this) is the property of the Company and is licensed by the Company Enkord.
2. Subject of the Terms of Service
2.1. According to the terms and conditions of this TOS the Company grants to the User the possibility to use the Project "GUNROX" around the clock except the period of maintenance and other circumstances preventing the User from access to the Project arising not through Company's fault.
2.2. The User undertakes to observe the terms and conditions of this TOS.
2.3. In case of any User’s violation of this TOS or the Laws/Rules of the Project the User may be refused to have the access to services of the Project or the providing of such services may be limited completely or partially. The User also consents that the Company is not responsible for any modification, limitation or shutting-off the User access to the Project.
3. Rights and obligations of the User
3.1. Rights of the User
3.1.1. The User has the right to use the Project only for non-commercial personal purposes.
3.1.2. At registration the User selects a login and a password which will make it possible to identify the User among other users of the Project.
3.1.3. The User has the right to change his password. At the same time the User is bound to provide himself non-disclosure (secret) of his password and other necessary data and accordingly is responsible for integrity and non-disclosure of his password as well as for all risks (losses) connected therewith.
3.1.4. The User has the right to register only one character. The User does not have the right to pass his registration (login and password) to the third person as well as does not have the right to obtain it from the third person.
3.1.5. The User may send claims and proposals connected with the use of the Project to the address: email@example.com.
3.2. Obligations of the User
3.2.1. On request of the Company the User is bound to advise the reliable, complete and update information about him permitting to identify him among other Users. If after the registration this information will be changed, the User is obliged to renew it as soon as possible. Any personal User’s information is requested by the Company only for the purpose to carry out the TOS and in no circumstances it is passed to the third parties if only as for the purpose to carry out the TOS or according to the legislation demands.
Persons not having come to 18 years of age shall be bound to coordinate use of the Project with their lawful representatives (parents, custodians, etc.); in addition to this other actions to confirm the age may be necessary.
If you consider that privacy statement regarding the personal information derogates you somehow or other, please state your thoughts to the address: firstname.lastname@example.org.
3.2.2. The User does not have the right:
- to use software errors and is bound to report the same immediately to the address: email@example.com,
- to intrude into the software code,
- to obtain unauthorized access to the computer system, access to the database of the Users of the Project.
3.2.3. The User shall be bound to treat with respect other users of the Project as well as not to use the Project for:
- uploading, sending, transmitting or any other way of disposition of the content which is unlawful, harmful, threatening, slanderous, injures morality, infringe copyright, propagandizes hatred and/or race, nation, sexual, religious, social discrimination, contains affronts to certain persons or organizations;
-infringing the rights of minors and/or causing of any harm to them;
-impairment of minorities’ rights;
-pretending to be another person or a representative of some organization and/or community without having sufficient rights for it, including pretending to be an employee of Enkord Ltd, a moderator of a forum, the owner of the site as well as misinforming regarding features and characteristics of some persons or objects;
-uploading, sending, transfer or any other way of disposition of the content which you do not have a right to make available under the Ukrainian law or under any contractual relationships;
- uploading, sending, transmitting or any other way of disposition of the content which infringes any patent, trademark, trade secret, copyright or other proprietary rights and/or copyrights and adjacent rights of the third party thereof;
- uploading, sending, transmitting or any other way of disposition of advertising information which was not authorized by a special way, spam (including spamdexing), lists of addresses of other persons’ e-mails, «pyramid schemes», multi-level (network) marketing (MLM), system of earning in the Internet and e-mail business, etc.
- uploading, sending, transmitting or any other way of disposition of any material which contains viruses or any other computer code, files and programs designed to interrupt, destroy or limit the functionality of any computer or telecommunication equipment or programs, for performing unauthorized access as well as serial numbers for commercial program products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to the paid recourses in the Internet, as well as for disposition of references to the above-mentioned information;
-intended violation of Ukrainian legislation or the Rules of international law; -collection and storage of other users’ data;
-derangement of normal running of the site «GUNROX»;
-application of any forms and ways of unauthorized representation of other persons in the network;
-disposition of references for network recourses the content of which contradicts Ukrainian legislation;
-assistance of actions aimed to infringe limitations and bans put by this TOS.
3.2.4. The User is prohibited to copy, reproduce, distribute and translate into other languages any component of the Project, to carry out cracking of the technology, to take out the initial code, to modify, to disassemble, to decompile, or to create derived objects based on the Project, to include any material of the Project into the basis of his own developments. The User accepts and agrees that any material and all necessary programs connected with the Project "GUNROX» are protected by intellectual property laws of Ukraine and other international laws and the material (Company’s intellectual property comprising the Project) provided to the User when using the Project "GUNROX" is protected by copyright, trademarks, patents and other appropriate laws. The User doesn’t have the right to modify, sell or distribute this material of the Project and programs in whole or in parts. The Company confers to the User a nonexclusive and non-transferable right to use personally the material of the Project and software which comprise the Project "GUNROX" according to the Rules of the Project providing that neither User nor any other persons with the assistance of the User will copy or modify the material and software; to create programs which are derived from software; to penetrate into software to obtain program codes; to sell, to cede, to give in rent, to pass to the third parties in any other form of rights regarding the material of the Project and software of the Project as well as to modify the service including with the purpose to obtain unauthorized access to it.
3.2.5. The User agrees that in case of his violation of the obligations the Company shall have the right at any time to apply sanctions to him implying ban on his use of the Project or apply to him any other disciplinary actions: warning, temporary blocking of the Project use, claim for damage and other actions.
4. Company rights and responsibilities
4.1. The Company undertakes not to disclose on purpose personal information about the User given when registered to the third parties except in cases allowed by the Ukrainian law and the Rules of international law, and also not to change the login and password of the User without his consent.
The User or visitor of the Project agree that the Company has the right to demand, collect and save personal information of the User, including surname, name, patronymic, sex, age, address of the registered or actual location, contact numbers or e-mail addresses, or any other means of electronic communication, as well as in case the User commands additional (paid) services – payment requisites of the User. The Company has the right to delete a character or block it (cease access to it) if there are any reasons to doubt that the information provided by the User is not full, authentic or up-to-date.
The Company does not distribute among the Users baseless electronic mails or other messages (spam); in case of receiving of such a message the User should notify about it to the address: firstname.lastname@example.org.
4.2. The Company does not bear any responsibility for any temporary technical failures and breaks in work of the Project, for temporary failures and breaks in work of connection links, other similar failures, and also for defects of the computer which is used by the User to connect to the Internet.
4.5. The Company does not bear any responsibility before Users for the actions of other Users.
4.6. The Company has the right to delete or change any information reported by the User to www.gunrox.com without any prior agreement with the representatives of the Company or any information unforeseen in the TOS or any other agreements with the Company.
5. Disclaimer of warranties
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
(?) HIS USE OF THE SERVICE IS AT HIS SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OF THE PROJECT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) THE COMPANY MAKES NO WARRANTY THAT
(1) THE SERVICE WILL MEET YOU REQUIREMENTS,
(2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OF THE PROJECT WILL BE ACCURATE OR RELIABLE,
(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL, PERCHASED OR OBTAINED BY YOU THROUGH USING OF THE PROJECT, WILL MEET YOUR EXPECTATIONS,
(5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROJECT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESLY STATED IN THE TOS.
6. Liability limit
THE USER EXPRESLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE UNABILITY TO USE THE PROJECT “GUNROX”;
(ii) CHANGING OF THE CONDITIONS OF THE TOS, OBTAINING THE DATA INSTEAD OF THE ACQUIRED BY MEANS OF SERVICES OR AS A RESULT OF MAKING BARGAINS, MESSAGES AND INFORMATION RECEIVED BY MEANS OF THE PROJECT;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROJECT;
(v) ANY OTHER MATTER RELATING TO THE SERVICES OF THE PROJECT “GUNROX”.
7. Special conditions
7.1. The Company reserves the right to delete from its own servers any information or materials which seem to the Company unacceptable, undesirable or violating the TOS.
7.2. The Company has the right unilaterally and at any time to limit, extend or change the quality of the services without any prior notification to the User.
7.3. The Company has the right unilaterally and at any time to change the conditions of the TOS and accordingly input the changes to this page. When using the service of the Project “GUNROX” the User agrees that all changes to the TOS apply to him of the moment of publication at this page. The User is to visit regularly this page in order to get acquainted with the up-to-date provisions of the TOS.
7.4. The present TOS is subject to the Ukrainian law and the Rules of international law. All disputes which may arise out of the TOS will be settled by means of negotiations. If the Parties do not come to an agreement, the matter is to be submitted for settlement to the relevant legal body determined by the Ukrainian law unless otherwise stipulated by the Rules of international law. 7.5. Offered goods and services are not provided on order of a person or company, who runs WebMoney Transfer System. We are an independent entity providing services and making decisions about pricing and offers ourselves. Companies, running WebMoney Transfer System do not receive any commission, interest fees or any other awards/refunds for the provided goods or services and are not liable for our activities. Verification done by WebMoney Transfer System only confirms the accuracy of our contact details and prove the identity. Verification is performed on our own intention and doesn't mean or show our connection with WebMoney System operators sales.
8. Effective date and term of the TOS
8.1. The present TOS comes into effect when accepted by the User by choosing and entering a command option “agree” (or any other similar option). The User agrees that his choice of the abovementioned option means that the User got acquainted preliminary and in full with the conditions of the TOS and that the User accepts them without any exclusion.
8.2. The TOS is concluded for an indefinite term.
8.3. The User may terminate the TOS at any time by stopping to use the Project. The Company may at any time terminate the TOS by any cause or without cause. On the termination of the TOS by any cause or without cause, all the rights provided to the User according to the present TOS terminate.
8.4. The Company has the right to refuse unilaterally the present TOS and terminate the providing of the services for using the Project without compensation for damages.
8.5. All changes, additions and appendices to the TOS or other information are integral parts of the TOS and are obligatory for execution of the date of publication at the Project site “GUNROX”, unless otherwise stipulated by the Company.
THE START OF USING THE PROJECT MEANS ABSOLUTE CONSENT AND ACCEPTANCE OF CONDITIONS AND TERMS BY THE USER REGARDING THE PROVISIONS OF THE PRESENT TOS.