| Language: |
END USER LICENSE AGREEMENT
ATTENTION! BY STARTING THE GAME PROCESS AND/OR DOWNLOADING, COPYING THE GAME CLIENT SOFTWARE AND/OR OTHERWISE USING THE GAME, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS WITHOUT ANY RESTRICTION.
If You (“You” means the User) do not have the legal capacity to receive on-line game services or there are other law restrictions, You are not allowed to use the Game and/or particular services in the Game and You are obliged to immediately stop using the Game and such services in the Game. Given the interactive character of the game and by capacity of ELYLAND INVESTMENT COMPANY LIMITED to detect such breaches committed by the Users (for example, in determining the area from which the User accesses the game ELYLAND INVESTMENT COMPANY LIMITED relies on several tools, one of them is the data about IP address of the devices used by the User to access the Game last), at any moment, without paying off any compensations or penalties, ELYLAND INVESTMENT COMPANY LIMITED has the right to unilaterally deny providing services to such Users, namely to no longer provide the possibility for the Users to access the game.
This End User License Agreement (hereafter – the “Agreement”) governs relations between ELYLAND INVESTMENT COMPANY LIMITED, hereinafter the “Possessor of Rights” and the individual person – the Game User (hereinafter – the “User”).
1. General
1.1. This Agreement shall be applied to the «Golden Rush» game (hereafter - the Game) hosted by the Possessor of Rights on his Internet resources and / or Internet resources of other parties on the basis of relevant agreements (hereinafter – the Partners).
1.2. "The Game Rules" shall be considered an integral part of this Agreement. If the User is provided the software required for participation in the Game -"the License Agreement" should also be considered an integral part. Together, these documents make out the full text of the End User License Agreement which governs relations between the User and the Possessor of Rights.
1.3. The exclusive property rights for the game belong to Forbes Consult Limited (hereinafter – the Owner of exclusive property rights); the owner of the exclusive property rights grants the Possessor of Rights the right to use the Game on the territory of certain countries (hereinafter – the Territory) in accordance with the applicable legislation of the Territory.
The User may not use any part of the Game outside of the Game and the game process without the written consent from the Owner of exclusive property rights.
1.4. The User understands, agrees, and accepts the conditions that all rights to use the Game, including any parts of the Game, including but not limited to game characters, game items and accessories, in-game currency and values, graphics, photos, animations, videos, video clips, audio tracks, sound effects, music, text content and other components of the Game belong to the Owner of exclusive property rights, unless otherwise specified in the Agreement or in the game itself.
The User understands, accepts and agrees that any element of the Game, in particular any game characters are an integral part of the Game, with a definite set of features and abilities in the game, and despite the fact that during the game the user is allowed to control and manage such game characters, including progress of such characters in the game, this control and management under no conditions shall be regarded as transfer and / or assignment of the property rights on the game character from the Owner of exclusive property rights to the User, in the same way as such control and progress of the character in the game shall not be considered as the User's authorship and / or the User's and the Owner's of exclusive property rights co-authorship of the character.
The User guarantees that he/she has the necessary authority to enter into this Agreement. If the User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from his/her parents or other legal representatives.
The User confirms that he/she has been provided the information on the minimum hardware and software requirements for using the Game. The User confirms his/her awareness of these requirements and has the necessary hardware and software for using the Game.
1.5. Terms used in this Agreement:
The Game shall mean an interactive computer on-line game, which is the program for personal computers. The game is hosted on the Resources of the Possessor of Rights and / or on the Resources of Partners (servers). Administration and maintenance of the Game, as well as the access to the Game shall be provided by the Possessor of Rights or other parties according to the written agreement with the Possessor of Rights.
The Users participate in the game in the interactive (on-line) mode by using Internet connection to the Resources of the Possessor of Rights and installation of the client-side application or without such installation.
The User is an individual who participates in the game and is the end consumer of the Services and Additional Services.
The Services means access to the Game provided by the Possessor of Rights, use of features and services according to the conditions specified in this agreement. The Possessor of Rights provides the services only when the user participates in the game.
The Additional services means providing the user with additional, special in-game features for a fee under the conditions specified in this Agreement. Additional services are not a necessary condition for participation in the Game and provide the User with extra features beyond the scope of the Services. Additional services are provided at user's wish and request. Additional Services consist of the in-game currency that can be purchased by the User (in the game and / or from the Resources of the Possessor of Rights) and the game values that can be provided only when the user is participating in the game.
Hereby the Possessor of Rights does not perform the exchange of the in-game values obtained from the provided services and / or additional services, including the in-game currency, to cash or non-cash money.The Possessor of Rights bears no expenses related to payment of the Additional services by the User and doesn't not compensate such expenses.
The User's Services are advertising services which may be provided by the Users to the Possessor of Rights. In the course of providing such advertising services the user has the right to place advertisements that contain information about the game on their own web sites or on the web sites of third parties, while respecting the requirements of the current legislation of the Republic of Cyprus, the country of registration of the Possessor of Rights, the country of such advertisement placing. For the advertising services, the Possessor of Rights is entitled to pay to the user reward, under the conditions specified in Section 2.3.11 of the End User License Agreement.
The user provides advertising services to Possessor of Rights only after acceptance of the advertising offer by Possessor of Rights.
At the time of trail period (demonstration mode of the Game) the Additional services may not be available. The Possessor of Rights decides when the additional services can be provided to the users and notifies about it by publishing information on the website of the Game.
The client part of the game is the software that in some cases is required for the User's participation in the game and received from the Possessor of Rights. The client part is installed on the personal computer by the user of the game. The client part of the game is a program for personal computers with the exclusive property rights belonging to the Possessor of Rights.
The Game Rules are an Annex to the End User License Agreement that regulates the rules of participation and behavior and also restrictions for the User in the game. Compliance with the Game Rules is a prerequisite for the User's participation in the game, as well as for receiving services and additional services. The Game Rules can be changed by the Possessor of Rights at any time without prior notice. The Possessor of Rights notifies the User about such changes by posting information on the website of the Game. The User accepts the such changes to the Rules by continuing to play the Game.
The License Agreement is an Annex to the End User License Agreement (if the user is provided the software required for participation in the Game) that regulates the conditions and procedure of how the client part of the game shall be used by the User. Compliance with the License Agreement is a prerequisite for the User's participation in the Game, as well as for receiving the Services and the Additional Services.
2. Subject of the Agreement
2.1. The Possessor of Rights provides general public access to the Game, to the Services in the game, as well as to the Additional Services under the conditions of this agreement.
Individuals that wish to obtain access to the game, from the moment they accept the Agreement, are the Users of the Game, have the rights and comply with obligations under the present Agreement.
2.2. Responsibilities of the Possessor of Rights:
2.2.1. Provide the possibility for the User to participate in the game, receive the services and additional services according to the conditions specified in this Agreement.
2.2.2. Provide the User with the possibility of communication services in the Game, namely the possibility to use in-game chats if such are present in the Game.
2.2.3. Notify the user about changes to the current Agreement by publishing respective information on the website of the Game.
2.2.4. Provide the User with the possibility to receive (download) the Client part of the Game via the Internet from the website of the Game or websites of the Partners, as well as via other media, if the client part is required for using the Game.
2.3. Rights of the Possessor of Rights
2.3.1. At any time, including the trial period (demonstration mode of the Game, and the Game Forums) unilaterally limit, extend, modify or discontinue the Services, Additional Services, without prior notice to the User.
2.3.2. Control the game and the game-play, change them at own discretion. At any time, suspend or modify the game process and the game conditions without prior notice to the User.
2.3.3. At any time modify, delete any information posted by Users on the Resources of the Possessor of Rights, including statements and declarations.
2.3.4. At any time suspend, restrict and / or discontinue providing the Services and Additional Services to the User under the conditions of this Agreement, in particular in case of the User's non-compliance with the Terms of this Agreement and / or if the Possessor of Rights has reasons to suspect improper use of the data by the User. The Possessor of Rights also has the right to notify the User of the Agreement terms violation, post notices/warnings to the User mentioning their usernames on the Resources of the Possessor of Rights (including the Game) and / or temporarily or permanently block access to the Game or terminate (cancel) the Agreement. The notice of Agreement termination is sent from the e-mail address of the Possessor of Rights (support@goldenrush.org) to the address provided by the User at registration (if such was provided).
If the user hasn't entered the Game for a long period of time, the Possessor of Rights has the right to cancel the User's account.
2.3.5. Track, collect and store information, including IP-addresses of the User's access places to the game for statistical data collection and identification of the Game Users.
2.3.5.1 Collect extensive information on errors and failures that occured in the game for efficient troubleshooting.
2.3.6. Send informational or technical messages (single-handedly or with involvement of third parties) to the Users, in particular game-related messages (hereafter the Messages). The User agrees to receive such Messages, and agrees that such Messages are not spam.
By accepting the terms of this Agreement, the User agrees to receive Messages that are thereby considered preliminary ordered by the User.
The User has the right to stop receiving the Messages in accordance with paragraph 2.5.1. of this Agreement.
2.3.7. To write comments, warnings, notifications, and otherwise to inform the Users of their violation of the Game rules or other terms of this Agreement. Instructions of the Possessor of Rights are obligatory for the User to follow.
2.3.8. At any time to change, improve or modify the Game or any of its parts, including the Client part of the Game, without any prior notice. Thus, the user can only participate in the game in its current version.
2.3.9. Take measures as foreseen by the legislation of the Republic of Cyprus and/or international law to protect its rights on the Game.
2.3.10. Shall the provision of the Services and / or the Additional Services to the User have been paused, restricted, or stopped, the Possessor of Rights has the Right to resume providing such Services and / or Additional Services to the User by unblocking the User's account prematurely.
2.3.11. In case of qualitative provision of advertising services by the User to the Possessor of Rights, pre-approved by the latter, the Possessor of Rights can reward the User. The payment of reward is conducted via electronic transfer through services chosen by the Possessor of Rights, for example such as PAYPAL (paypal.com), Moneybookers or any other, in consideration of the following:
2.3.11.1. On the rules and procedures of using the payment systems for transferring the reward by the Possessor of Rights, the User should consult the legal entities - the holders of such payment systems. The Possessor of Rights does not elaborate to the User any questions related to the rules and procedures of using such payment systems, and does not compensate any funds after the payment of reward has been done to the account specified by the User, especially if the User violates any rules of the payment systems, resulting in not receiving the funds or in case the Possessor of Rights was given incorrect details for the reward transfer.
2.3.11.2. When transferring the reward for advertising services the fees for the transfer are to be paid at the User's expense in the amount and manner specified by the rules of the respective payment systems.
2.3.11.3. When transferring the reward to the User in accordance with the Income Tax Law of the Republic of the Republic of Cyprus - Income Tax Law, 2002, No.118 1/2002 the Possessor of Rights is not a tax agent in relation to the persons who were paid the reward under the present Agreement. Therefore the Possessor of Rights does not have to deduct tax on the income of natural persons. The Possessor of Rights brings it to the User's attention that according to the regulation above the User has to declare his income and pay the appropriate tax by him/herself.
2.4. Limited liability of the Possessor of Rights
2.4.1. The User uses the resources of the Possessor of Rights and / or the Partners, the Game, including its Client part, at his/her own risk. The User is solely responsible for compatibility and operability of the software and hardware on his/her personal computers.
2.4.2. The Possessor of Rights does not accept liability for any possible criminal actions committed by the User.
2.4.3. The Possessor of Rights is not responsible for statements of the User, made or published on the Resources of the Possessor of Rights. The Possessor of Rights is not responsible for the User's behavior while on the Resources of the Possessor of Rights, including the behavior, manner and ideology of the in-game characters, managed by the User, actions of in-game characters in the game, disrespect for other Users of the Game and their in-game characters.
2.4.4. The Possessor of Rights shall not be liable for the loss of access data by the User to his/her in-game accounts (loss of login, password and other information required for participation in the game).
2.4.5. The Possessor of Rights is not responsible for incomplete, inaccurate, incorrect data used to create the account on the website of the Possessor of Rights.
2.4.6. The Possessor of Rights shall not be liable for the loss of the User's in-game values received from the Services and Additional Services provided by the Possessor of Rights.
2.4.7. The Possessor of Rights shall not be responsible for the availability of the User's Internet connection and service quality of Internet providers, the User signed service providing agreements.
2.4.8. The Possessor of Rights is not responsible for direct or indirect damage to the User or other third parties that occurred as a result of the following:
• use or inability to use the Resources of the Possessor of Rights/the Partners;
• unauthorized access by any third parties to the user's personal information, including the user account and the user's in-game currency account in the Game;
• statements or behavior of any third party on the Resources of the Possessor of Rights/the Partners.
2.4.9. The Possessor of Rights doesn't guarantee that:
• the game will meet the User's requirements;
• the game process on the resources of the Possessor of Rights, as well as the Services and Additional Services will be uninterrupted, timely, secure and error-free;;
• results obtained from using the Services, Additional Services will be error-free;;
• quality of the game-play, any Services, Additional Services, information obtained from using in-game services, provided on the resources of the Possessor of Rights, will meet the User's expectations.
2.4.10. The Possessor of Rights is not obliged to provide the User with any evidences of the Agreement violation that resulted in termination of the Services, Additional Services or reduced/limited scope of such services to the User.
2.4.11. Under any other circumstances the scope of liability is limited to the size of the payment made by the User to the Possessor of Rights for providing the Additional Services.
2.5. The User's Rights and Obligations
2.5.1. Providing that the terms of the present agreement are fulfilled, the User has the following rights:
• access the Game;
• if necessary, receive (download) the client software from the resources of the Possessor of Rights/Partners or other resources permitted by this agreement on a non-repayable basis;
• free participation in the game process, with the exception of cases when the Player uses the resources that require a subscriber fee or Additional Services; information about the Resources that require a subscriber fee can be found on the Web-site of the Possessor of Rights.
• receive additional in-game services for a fee on the terms provided in this Agreement;
• place information, share it with other Users on the Game web-site via forums and in-game mail;
• participate in contests, quizzes, events organized by the Possessor of Rights and related to the Game, in the manner provided by the terms of such contests, quizzes, events;
• contact the Possessor of Rights with issues related to conclusion and execution of this Agreement.
• stop receiving Messages by following the instructions: click the link in every such Message and unsubscribe from receiving the Messages.
2.5.2. The User obliges:
• to use the language proper to the game site (proper to the language zone) in the Game, in the support service center, in the news section of the Game, in Forums, in chats and other sections of the Game where a user can write text messages.
• comply with the terms of this Agreement, including the Rules of the Game, License Agreement, without any restrictions;
• indicate reliable information during the registration in the Game on the Resources of the Possessor of Rights;
• provide the Possessor of Rights with information on all future changes in the registration data, including but not limited to change of e-mail address;
• not to violate intellectual property rights in respect of the Game and/or any part of the game and/or resources of the Possessor of Rights/Partners;
• independently take appropriate measures to ensure the safety of his accounts in the game, passwords and to prevent unauthorized use of these by third parties; if the User has reason to believe that third parties have obtained such information or can obtains it, the player should immediately inform the Possessor of Rights and change his data or ask Possessor of Rights to perform these actions;
• follow the instructions of the Possessor of Rights, in particular, if such instructions are made by the Possessor of Rights to a User or a group of Users in the game, in the customer support center, in the news section of the Game Web-site, on the forum of the Possessor of Rights and in other sections of the Web-site where the User can write text messages and/or attach graphics, audio, and video. If the User does not comply with these instructions of the Possessor of Rights, the latter has the right to suspend, restrict, terminate the Services and/or additional services for such User;
• provide his personal data, including name, full name, contact details upon the request of the Possessor of Rights;
• confirm data accuracy (including personal data) upon the request of the Possessor of Rights;
• guarantee that he/she has the necessary authority to enter into this Agreement. If the User has not reached the age of majority, he/she is obliged to obtain the necessary permission from the parents or legal representatives in the form required by the law.
Other rights of the Possessor of Rights and the User's obligations are provided in the Game Rules, License Agreement, and in Section 2.6 "Additional Services" of this Agreement.
2.6. Additional services.
2.6.1. Upon the User's request, the Possessor of Rights provides additional services that allow using additional, advanced, special game features.
2.6.2. The moment of providing Additional Services by Possessor of Rights is the moment of the User's payment for the additional services using the in-game currency specified on the web-site of the Possessor of Rights. Money paid by the User for an additional service is not subject to return.
2.6.3. If the User chooses to use additional services, he is obliged to indicate the following data in the information file: surname, first name, date of birth and other information that will allow the Possessor of Rights to identify the actual person with the User's account in the game, if necessary. The User is solely responsible for accuracy, completeness, reliability, and correctness of his personal data.
2.6.4. The list and the cost of additional services, as well as Methods and conditions of purchasing the in-game currency, are published on the Web-site of the game solely by the Possessor of Rights.
2.6.5. The moment of payment for additional services should be considered placement of funds on the current account of the Possessor of Rights. After the transfer of funds from the User to the current account of the Possessor of Rights the funds are converted into in-game currency. Conversion is made according to the rate and formula set forth by the Possessor of Rights and published on the web-site. Purchased in-game currency is credited by the Possessor of Rights to the User's personal account opened and located on the Web-site of the Possessor of Rights.
2.6.6. When purchasing in-game currency the User agrees to follow the payment instructions related to the payment order and methods, including rules of writing the message and the number of short text messages (SMS), including the input order for upper and lower case letters, numbers and language. In-game currency crediting to the personal account is guaranteed when the enclosed instructions and payment terms are met. The Possessor of Rights shall bear no responsibility for incorrect implementation of the terms of payment for additional services, as it lies out of the Possessor of Rights’ control.
For policies and procedures of the payment systems used to purchase the in-game currency the User shall contact the legal holders of such payment systems. The Possessor of Rights does not make any explanations to the User regarding the rules and procedures of such payment systems, and also does not make any money compensations to the User who performed funds transfer operations to purchase the in-game currency using payment systems, if such payments were made with violation of the rules established by the payment systems, and as the result the money was not received by the Possessor of Rights.
2.6.7. If in the case of a technical error, game failure, or the User's deliberate actions, he/she obtained additional services without payment and/or incomplete payment, the Possessor of Rights is entitled to charge the cost resulting from such circumstances from any following User's payment no matter what purpose it is intended for.
2.6.8. The User is obliged to keep documents proving the payment for additional services for the whole period the User stays in the game, and, if such documents are requested by the Possessor of Rights, the User shall provide the latter with them.
2.6.9. The User is obliged to monitor the state of his/her personal account.
2.6.10. Additional services are provided only by the Possessor of Rights or by other parties on his behalf. In case of a dispute, ambiguous situations or in case of receiving any offers from any third party in regard of payment for services or additional services in the Game, or posting such advertisements and offers on the Internet, with the exception of offers made under the written permission from the Possessor of Rights (hereinafter - the Offers), the User shall immediately notify the Possessor of Rights of such facts. If the User makes such payments (with details and references specified in such offer) violating this provision, any claims to the Possessor of Rights that the in-game currency has not been credited to the User's personal account will not be accepted and/or compensated by the Possessor of Rights.
2.6.11. If the Possessor of Rights finds that the User receives services or additional services within the Games from other third parties (individuals and/or legal bodies) operating without any agreement with the Possessor of Rights, the latter has the right to suspend, restrict, and terminate the Services, Additional Services provided to the User.
2.6.12. The User shall guarantee to the Possessor of Rights that he/she has the right to use the selected method of payment for additional services without violating the laws of the Republic of Cyprus and/or legislation of other appropriate countries the User is being a citizen of. The Possessor of Rights shall not be liable for any damages to third parties and/or other Users of the game, which results from the use of payment means that do not belong to the User.
2.6.13. The Possessor of Rights has the right to unilaterally suspend or terminate the Services, Additional Services for the User if there are any suspicions of illegal or fraudulent actions committed by the User and/or the Possessor of Rights determines that the user's operations of payment for additional services are fraud (including carding) - hereinafter - Fraud operations.
2.6.14. If the Possessor of Rights has reasons to think that the User performs illegal actions or fraud related to payment for additional services in the Game, the Possessor of Rights has the right to send relevant information to law enforcement bodies to investigate these facts.
2.6.15. The User shall comply with the requirements of the legislation of the Republic of Cyprus and/or legislation of the country he/she is being a citizen of when purchasing the in-game currency through bank cards.
2.6.16. The User agrees, understands and accepts that the this game is not a gambling or cash game, contest or betting and that purchase of additional services is User's own will and desire and is not necessary or mandatory to participate in the game and the game process.
2.7. Concluding provisions
2.7.1. If the User is prohibited from receiving on-line game services by the legislation of his/her country or in case of any other legal restrictions, including age restrictions, the User is not allowed to use the Game or individual services in the Game, the User is solely responsible for the use of the game on the Territory of his country in accordance with local laws.
2.7.2. This Agreement may be amended by the Possessor of Rights without any prior notice. Any changes to the agreement unilaterally made by the Possessor of Rights shall enter into force on the following day after publication of such changes by the Possessor of Rights in the game and/or on the website.
The User is obliged to check the Agreement for changes periodically. Failure to study this Agreement or/and its emended version by the User shall not be a reason for non-fulfillment of the obligations or/and violation of the restrictions set forth in this Agreement.
2.7.3. Invalidity of one or several provisions of this Agreement established by the effective court decision shall not entail the invalidity of the whole Agreement for the Parties. If one or several provisions of this Agreement are recognized invalid in accordance with the established order, the Parties are bound to fulfill the undertaken obligations under this Agreement in the manner implied by the Parties when concluding and/or emending the Agreement.
2.7.4. The User agrees that the Possessor of Rights has the right to request, collect and store the User's personal information (considering the provisions of the Law of the Republic of Cyprus on Information) including but not limited to the following information: name, last name, middle name, gender, age, address of registered or actual residence, phone number or e-mail addresses or other means of electronic communication; if the User orders the Additional services: payment details, including information on credit or debit payment cards and other means of payment.
The User agrees that personal information such as IP-address, browser type, access time, as well as other information that identifies the User will be automatically sent to the Possessor of Rights from the User's computer and will be stored on the server of the Possessor of Rights.
2.7.5. By accepting this Agreement, the User confirms that he/she is legally capable to enter into this Agreement. The User guarantees that the hardware by him/her is operable and sufficient to use the game.
2.7.6. Conclusion of this Agreement shall comply with the legislation of the Republic of Cyprus being the country of the exclusive property rights owner, namely with the norms that regulate the procedure and terms for concluding public agreements and adhesion contracts. The user shall not violate the local laws of the residence country. The User is solely responsible for non-compliance with these norms.
2.7.7. Agreement on issues and conditions not covered by this Agreement shall be regulated in accordance with the legislation of the country of the exclusive property rights owner.
2.7.8. Within two weeks after accepting the terms of the Agreement the user can terminate it in email without giving any reason.
Notice of termination of the Agreement should be sent to: support@goldenrush.org
Upon termination of the agreement the user name and the account name should be written in the subject line.
2.7.9. All disputes between the parties in respect to this Agreement shall be resolved through correspondence and discussions using the prejudicial (complaint) procedure, and in case of failure to reach an agreement between the parties through negotiations the dispute can be sent to the court of general jurisdiction by any interested party at the location of the Possessor of Rights.
Annex "Game Rules" to the User Agreement between the Possessor of Rights and the User
This document is an annex to the User Agreement that regulates the rules of participation and conduct in the game, of limiting the actions of the User in the game, and also of liability of the User for non-compliance with such rules and restrictions, the rights of the Possessor of Rights to apply the measures and conditions for such measures to the User as defined under the User Agreement. Compliance with the Game Rules is a prerequisite for user's participation in the game, as well as for receiving the Service and Additional services.
The Game Rules are applicable to the Game as well as to the Website of the Game, in particular at the Game forums.
These Rules regulate the user's conduct in the game and on the official website of the game, in particular at the game forums. The Rules of conduct are intended to make presence in the game world as pleasant as possible for each user. Non-compliance with these rules may result in blocking or deletion of the user account without reimbursement to the user (if any).
1. Registration in the Game
1. User registration is a prerequisite for participation in the Game and availability of other services provided by the Possessor of Rights.
2. Registration is allowed only to individuals. Only individuals are accepted as authorized users (not groups, not families, not spouses, etc.). If the user is under legal age, he/she confirms that by sending the registration request, the consent of the legal representatives is received.
3. When registering, the user shall provide a User Name in the game. The user name shall not violate rights of third parties and must conform to generally accepted moral principles. The email address and / or the Internet address of the Resource shall not be chosen as user's name. The user is allowed to have only one account at the respective web-resource (server). Also, during registration in the game, the User is obliged to use the language proper to the web-resource (to the language zone).
4. Upon successful registration the user can create and independently manage an account.
5. Under no circumstances the User shall use the login data of other users, unless the Game Rules provide a specific exception.
6. The User is allowed to use only one account in the game. Multi-user accounts can be deleted or blocked at any time at the discretion of the Possessor of Rights.
2. General information
1. The User, the owner of the account has no right to give/disclose the password to other users of the game, except for disclosure of the password to an individual who is not a Game User.
The User who disclosed the password bears responsibility for compliance with the terms of the Agreement and its annexes.
2. The maximum number of users that may play from one computer is one (1).
3. Resource sharing:
Each account must be used only for its own benefit and not for use by other users.
Resource sharing between the players, who share a computer, between the substitute and the substituted is prohibited.
4. Using various means of communication provided by the Game (including but not limited to discussion forums, email, chat rooms, blogs, guest books etc., as well as the comments function) the User can post their own content on the websites of the Possessor of Rights. In this regard, the owner provides only technical means of information exchange. The user accepts the responsibility for the content of such information and agrees to fully protect the Possessor of Rights from any claims and litigations by third parties.
The Possessor of Rights is not responsible for the content posted by the User. The User grants the Possessor of Rights the right to use the content posted by the User.
The Possessor of Rights indicates that the Possessor of Rights has no active system for posted content tracking, but spot checks are performed instead.
In addition, each user has the ability to inform the Possessor of Rights about suspicions of illegal content.
3. Restrictions for Game Users:
1. The user must follow all rules and restrictions set forth in these Regulations, License Agreement, User Agreement.
2. The user is obliged to respect the right of other users to participate in the game and should not create situations when the rights of other users in the game can be violated and/or limited.
3. The User is prohibited from performing any intentional actions that complicate or make it impossible to access the game by other users, as well as performing any intentional actions that complicate or make it impossible to carry out the duties by the Administration, creating intentional obstacles for other users not provided by the existing game-play.
Under no circumstances the user shall: hack/attempt to hack the software components and/or intercept the data coming from/to the server, create or use fraudulent methods, hacking and software products of third parties that may alter the results of the game, use the software that provides "data mining" from other Users or otherwise prevents the collection of information related to the Game. Other actions with a similar effect are also PROHIBITED. The User is prohibited from distribution or intended acquiring of information that allows to gain access to user accounts in the game or on the website of the Game. The User is prohibited from spreading links to other resources that contain such information, and use the information that allows to gain access to accounts of other users in the game or or on the web-resource of the Game.
The User is prohibited from any modification, change, de-compilation, sale and distribution of modified materials of the Game in whole or in parts, use of software bugs, code changes, gaining unauthorized access to the server and database of the Game. In individual cases the Possessor of Rights has the right for immediate suspension of the User's access to the game and appeal to police to review the actions of the offender under the Criminal Code of the Republic of Cyprus, or appropriate laws of the offender's residence country.
4. The User is prohibited to perform the following actions with any in-game objects, values, services, in-game currency without the personal permission from the Possessor of Rights:
• exchange of any in-game objects, values, services, in-game currency for any real-world values;
• sale of services outside of the game and/or for real-world values, including cash;
• purchase of services outside of the game and / or for real-world values, including cash;
• distribution of information about the user's intention to commit the above mentioned actions both by the User and by any third party.
5. The User is prohibited from creation and use of bots in the game (in-game characters controlled by software), other programs, any technical and/or other means to emulate User's actions in the game.
6. The User is prohibited from using any in-game errors and errors of any related software in the game. Users who found such game errors shall report them to the Possessor of Rights.
7. The User is forbidden to post or distribute on websites of the Possessor of Rights any information, including but not limited to the means of communication and messages that:
• violate intellectual property rights of third parties;
• contain "chain letters" or pyramid schemes;
• can be mistaken for messages from the Possessor of Rights;
• contain personal data about other Users and/or third parties;
• are advertisement, including displaying of any links to pages on the Internet, without the prior consent of the Possessor of Rights.
The User is forbidden to spread rumors and slander about the Possessor of Rights, other users, the game, any information that discredits the business reputation of the Possessor of Rights.
The User is prohibited from sending spam (information and announcements not related to the game) and flood (repetition, reproduction, copying of information etc.) in any of the game communication means.
The User is forbidden to use any obscene, offensive, provocative or any abnormal words and symbols in any form in the names or descriptions of characters and other game objects, use any obscene, offensive, provocative or abnormal words and symbols in the names or descriptions of unions (e.g. guilds) registered in the Game.
The User is forbidden to use profanity, insults, threats of violence, advertisement of drugs, pornographic material or third-party resources that contain this material in open access, propagation of racial, ethnic, religious, cultural, ideological, sexual, linguistic or political intolerance, including but not limited to Nazism, racism, fascism, fanaticism, terrorism, in the game. Users are not allowed to use in the game anything from the list above even if written with missing letters or/and words or/and if any letters are replaced by other than letters symbols, including the transliteration of foreign words with Latin alphabet.
8. The User is forbidden to post or upload files that contain viruses, Trojans, worm programs, time bombs, cancel-bots, corrupted files or data or any other similar software that may damage the game or disrupt operation of computers.
9. The User is forbidden to create character names, names of unions and other distinctions that indicate belonging to the Possessor of Rights or its Partners.
10. The User shall not violate the local laws of the residence country. The User is solely responsible for non-compliance with such norms.
4. Concluding provisions:
1. The Possessor of Rights shall solely decide what actions are considered a violation of these Game Rules.
2. In case of Game rules violation by the User the Possessor of Rights has the right to impose the following penalties:
• restrict use of the in-game mail;
• rename the character, the union or in-game objects;
• retrieve items, in-game currency, and other in-game values;
• restrict, suspend or terminate access to the account;
• delete characters or accounts.
• terminate the Agreement
3. If the User admits the guilt and agrees for further strict compliance with these Rules the Possessor of Rights has the right to set a penalty for pre-term unblocking of the account, at the same time the Possessor of Rights has the right to deny the pre-term unblocking without any explanation.
START PLAYING THE GAME MEANS UNCONDITIONAL ACCEPTANCE OF THE AGREEMENT TERMS BY THE USER AND SHOULD BE CONSIDERED AS ACKNOWLEDGMENT OF THE USER'S GUARANTEES WITH RESPECT TO THE PROVISIONS OF THIS AGREEMENT
ATTENTION! BY STARTING THE GAME PROCESS AND/OR DOWNLOADING, COPYING THE GAME CLIENT SOFTWARE AND/OR OTHERWISE USING THE GAME, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS WITHOUT ANY RESTRICTION.
If You (“You” means the User) do not have the legal capacity to receive on-line game services or there are other law restrictions, You are not allowed to use the Game and/or particular services in the Game and You are obliged to immediately stop using the Game and such services in the Game. Given the interactive character of the game and by capacity of ELYLAND INVESTMENT COMPANY LIMITED to detect such breaches committed by the Users (for example, in determining the area from which the User accesses the game ELYLAND INVESTMENT COMPANY LIMITED relies on several tools, one of them is the data about IP address of the devices used by the User to access the Game last), at any moment, without paying off any compensations or penalties, ELYLAND INVESTMENT COMPANY LIMITED has the right to unilaterally deny providing services to such Users, namely to no longer provide the possibility for the Users to access the game.
This End User License Agreement (hereafter – the “Agreement”) governs relations between ELYLAND INVESTMENT COMPANY LIMITED, hereinafter the “Possessor of Rights” and the individual person – the Game User (hereinafter – the “User”).
1. General
1.1. This Agreement shall be applied to the «Golden Rush» game (hereafter - the Game) hosted by the Possessor of Rights on his Internet resources and / or Internet resources of other parties on the basis of relevant agreements (hereinafter – the Partners).
1.2. "The Game Rules" shall be considered an integral part of this Agreement. If the User is provided the software required for participation in the Game -"the License Agreement" should also be considered an integral part. Together, these documents make out the full text of the End User License Agreement which governs relations between the User and the Possessor of Rights.
1.3. The exclusive property rights for the game belong to Forbes Consult Limited (hereinafter – the Owner of exclusive property rights); the owner of the exclusive property rights grants the Possessor of Rights the right to use the Game on the territory of certain countries (hereinafter – the Territory) in accordance with the applicable legislation of the Territory.
The User may not use any part of the Game outside of the Game and the game process without the written consent from the Owner of exclusive property rights.
1.4. The User understands, agrees, and accepts the conditions that all rights to use the Game, including any parts of the Game, including but not limited to game characters, game items and accessories, in-game currency and values, graphics, photos, animations, videos, video clips, audio tracks, sound effects, music, text content and other components of the Game belong to the Owner of exclusive property rights, unless otherwise specified in the Agreement or in the game itself.
The User understands, accepts and agrees that any element of the Game, in particular any game characters are an integral part of the Game, with a definite set of features and abilities in the game, and despite the fact that during the game the user is allowed to control and manage such game characters, including progress of such characters in the game, this control and management under no conditions shall be regarded as transfer and / or assignment of the property rights on the game character from the Owner of exclusive property rights to the User, in the same way as such control and progress of the character in the game shall not be considered as the User's authorship and / or the User's and the Owner's of exclusive property rights co-authorship of the character.
The User guarantees that he/she has the necessary authority to enter into this Agreement. If the User has not attained the age of majority, he/she is obliged to obtain the necessary permission in the form required by law from his/her parents or other legal representatives.
The User confirms that he/she has been provided the information on the minimum hardware and software requirements for using the Game. The User confirms his/her awareness of these requirements and has the necessary hardware and software for using the Game.
1.5. Terms used in this Agreement:
The Game shall mean an interactive computer on-line game, which is the program for personal computers. The game is hosted on the Resources of the Possessor of Rights and / or on the Resources of Partners (servers). Administration and maintenance of the Game, as well as the access to the Game shall be provided by the Possessor of Rights or other parties according to the written agreement with the Possessor of Rights.
The Users participate in the game in the interactive (on-line) mode by using Internet connection to the Resources of the Possessor of Rights and installation of the client-side application or without such installation.
The User is an individual who participates in the game and is the end consumer of the Services and Additional Services.
The Services means access to the Game provided by the Possessor of Rights, use of features and services according to the conditions specified in this agreement. The Possessor of Rights provides the services only when the user participates in the game.
The Additional services means providing the user with additional, special in-game features for a fee under the conditions specified in this Agreement. Additional services are not a necessary condition for participation in the Game and provide the User with extra features beyond the scope of the Services. Additional services are provided at user's wish and request. Additional Services consist of the in-game currency that can be purchased by the User (in the game and / or from the Resources of the Possessor of Rights) and the game values that can be provided only when the user is participating in the game.
Hereby the Possessor of Rights does not perform the exchange of the in-game values obtained from the provided services and / or additional services, including the in-game currency, to cash or non-cash money.The Possessor of Rights bears no expenses related to payment of the Additional services by the User and doesn't not compensate such expenses.
The User's Services are advertising services which may be provided by the Users to the Possessor of Rights. In the course of providing such advertising services the user has the right to place advertisements that contain information about the game on their own web sites or on the web sites of third parties, while respecting the requirements of the current legislation of the Republic of Cyprus, the country of registration of the Possessor of Rights, the country of such advertisement placing. For the advertising services, the Possessor of Rights is entitled to pay to the user reward, under the conditions specified in Section 2.3.11 of the End User License Agreement.
The user provides advertising services to Possessor of Rights only after acceptance of the advertising offer by Possessor of Rights.
At the time of trail period (demonstration mode of the Game) the Additional services may not be available. The Possessor of Rights decides when the additional services can be provided to the users and notifies about it by publishing information on the website of the Game.
The client part of the game is the software that in some cases is required for the User's participation in the game and received from the Possessor of Rights. The client part is installed on the personal computer by the user of the game. The client part of the game is a program for personal computers with the exclusive property rights belonging to the Possessor of Rights.
The Game Rules are an Annex to the End User License Agreement that regulates the rules of participation and behavior and also restrictions for the User in the game. Compliance with the Game Rules is a prerequisite for the User's participation in the game, as well as for receiving services and additional services. The Game Rules can be changed by the Possessor of Rights at any time without prior notice. The Possessor of Rights notifies the User about such changes by posting information on the website of the Game. The User accepts the such changes to the Rules by continuing to play the Game.
The License Agreement is an Annex to the End User License Agreement (if the user is provided the software required for participation in the Game) that regulates the conditions and procedure of how the client part of the game shall be used by the User. Compliance with the License Agreement is a prerequisite for the User's participation in the Game, as well as for receiving the Services and the Additional Services.
2. Subject of the Agreement
2.1. The Possessor of Rights provides general public access to the Game, to the Services in the game, as well as to the Additional Services under the conditions of this agreement.
Individuals that wish to obtain access to the game, from the moment they accept the Agreement, are the Users of the Game, have the rights and comply with obligations under the present Agreement.
2.2. Responsibilities of the Possessor of Rights:
2.2.1. Provide the possibility for the User to participate in the game, receive the services and additional services according to the conditions specified in this Agreement.
2.2.2. Provide the User with the possibility of communication services in the Game, namely the possibility to use in-game chats if such are present in the Game.
2.2.3. Notify the user about changes to the current Agreement by publishing respective information on the website of the Game.
2.2.4. Provide the User with the possibility to receive (download) the Client part of the Game via the Internet from the website of the Game or websites of the Partners, as well as via other media, if the client part is required for using the Game.
2.3. Rights of the Possessor of Rights
2.3.1. At any time, including the trial period (demonstration mode of the Game, and the Game Forums) unilaterally limit, extend, modify or discontinue the Services, Additional Services, without prior notice to the User.
2.3.2. Control the game and the game-play, change them at own discretion. At any time, suspend or modify the game process and the game conditions without prior notice to the User.
2.3.3. At any time modify, delete any information posted by Users on the Resources of the Possessor of Rights, including statements and declarations.
2.3.4. At any time suspend, restrict and / or discontinue providing the Services and Additional Services to the User under the conditions of this Agreement, in particular in case of the User's non-compliance with the Terms of this Agreement and / or if the Possessor of Rights has reasons to suspect improper use of the data by the User. The Possessor of Rights also has the right to notify the User of the Agreement terms violation, post notices/warnings to the User mentioning their usernames on the Resources of the Possessor of Rights (including the Game) and / or temporarily or permanently block access to the Game or terminate (cancel) the Agreement. The notice of Agreement termination is sent from the e-mail address of the Possessor of Rights (support@goldenrush.org) to the address provided by the User at registration (if such was provided).
If the user hasn't entered the Game for a long period of time, the Possessor of Rights has the right to cancel the User's account.
2.3.5. Track, collect and store information, including IP-addresses of the User's access places to the game for statistical data collection and identification of the Game Users.
2.3.5.1 Collect extensive information on errors and failures that occured in the game for efficient troubleshooting.
2.3.6. Send informational or technical messages (single-handedly or with involvement of third parties) to the Users, in particular game-related messages (hereafter the Messages). The User agrees to receive such Messages, and agrees that such Messages are not spam.
By accepting the terms of this Agreement, the User agrees to receive Messages that are thereby considered preliminary ordered by the User.
The User has the right to stop receiving the Messages in accordance with paragraph 2.5.1. of this Agreement.
2.3.7. To write comments, warnings, notifications, and otherwise to inform the Users of their violation of the Game rules or other terms of this Agreement. Instructions of the Possessor of Rights are obligatory for the User to follow.
2.3.8. At any time to change, improve or modify the Game or any of its parts, including the Client part of the Game, without any prior notice. Thus, the user can only participate in the game in its current version.
2.3.9. Take measures as foreseen by the legislation of the Republic of Cyprus and/or international law to protect its rights on the Game.
2.3.10. Shall the provision of the Services and / or the Additional Services to the User have been paused, restricted, or stopped, the Possessor of Rights has the Right to resume providing such Services and / or Additional Services to the User by unblocking the User's account prematurely.
2.3.11. In case of qualitative provision of advertising services by the User to the Possessor of Rights, pre-approved by the latter, the Possessor of Rights can reward the User. The payment of reward is conducted via electronic transfer through services chosen by the Possessor of Rights, for example such as PAYPAL (paypal.com), Moneybookers or any other, in consideration of the following:
2.3.11.1. On the rules and procedures of using the payment systems for transferring the reward by the Possessor of Rights, the User should consult the legal entities - the holders of such payment systems. The Possessor of Rights does not elaborate to the User any questions related to the rules and procedures of using such payment systems, and does not compensate any funds after the payment of reward has been done to the account specified by the User, especially if the User violates any rules of the payment systems, resulting in not receiving the funds or in case the Possessor of Rights was given incorrect details for the reward transfer.
2.3.11.2. When transferring the reward for advertising services the fees for the transfer are to be paid at the User's expense in the amount and manner specified by the rules of the respective payment systems.
2.3.11.3. When transferring the reward to the User in accordance with the Income Tax Law of the Republic of the Republic of Cyprus - Income Tax Law, 2002, No.118 1/2002 the Possessor of Rights is not a tax agent in relation to the persons who were paid the reward under the present Agreement. Therefore the Possessor of Rights does not have to deduct tax on the income of natural persons. The Possessor of Rights brings it to the User's attention that according to the regulation above the User has to declare his income and pay the appropriate tax by him/herself.
2.4. Limited liability of the Possessor of Rights
2.4.1. The User uses the resources of the Possessor of Rights and / or the Partners, the Game, including its Client part, at his/her own risk. The User is solely responsible for compatibility and operability of the software and hardware on his/her personal computers.
2.4.2. The Possessor of Rights does not accept liability for any possible criminal actions committed by the User.
2.4.3. The Possessor of Rights is not responsible for statements of the User, made or published on the Resources of the Possessor of Rights. The Possessor of Rights is not responsible for the User's behavior while on the Resources of the Possessor of Rights, including the behavior, manner and ideology of the in-game characters, managed by the User, actions of in-game characters in the game, disrespect for other Users of the Game and their in-game characters.
2.4.4. The Possessor of Rights shall not be liable for the loss of access data by the User to his/her in-game accounts (loss of login, password and other information required for participation in the game).
2.4.5. The Possessor of Rights is not responsible for incomplete, inaccurate, incorrect data used to create the account on the website of the Possessor of Rights.
2.4.6. The Possessor of Rights shall not be liable for the loss of the User's in-game values received from the Services and Additional Services provided by the Possessor of Rights.
2.4.7. The Possessor of Rights shall not be responsible for the availability of the User's Internet connection and service quality of Internet providers, the User signed service providing agreements.
2.4.8. The Possessor of Rights is not responsible for direct or indirect damage to the User or other third parties that occurred as a result of the following:
• use or inability to use the Resources of the Possessor of Rights/the Partners;
• unauthorized access by any third parties to the user's personal information, including the user account and the user's in-game currency account in the Game;
• statements or behavior of any third party on the Resources of the Possessor of Rights/the Partners.
2.4.9. The Possessor of Rights doesn't guarantee that:
• the game will meet the User's requirements;
• the game process on the resources of the Possessor of Rights, as well as the Services and Additional Services will be uninterrupted, timely, secure and error-free;;
• results obtained from using the Services, Additional Services will be error-free;;
• quality of the game-play, any Services, Additional Services, information obtained from using in-game services, provided on the resources of the Possessor of Rights, will meet the User's expectations.
2.4.10. The Possessor of Rights is not obliged to provide the User with any evidences of the Agreement violation that resulted in termination of the Services, Additional Services or reduced/limited scope of such services to the User.
2.4.11. Under any other circumstances the scope of liability is limited to the size of the payment made by the User to the Possessor of Rights for providing the Additional Services.
2.5. The User's Rights and Obligations
2.5.1. Providing that the terms of the present agreement are fulfilled, the User has the following rights:
• access the Game;
• if necessary, receive (download) the client software from the resources of the Possessor of Rights/Partners or other resources permitted by this agreement on a non-repayable basis;
• free participation in the game process, with the exception of cases when the Player uses the resources that require a subscriber fee or Additional Services; information about the Resources that require a subscriber fee can be found on the Web-site of the Possessor of Rights.
• receive additional in-game services for a fee on the terms provided in this Agreement;
• place information, share it with other Users on the Game web-site via forums and in-game mail;
• participate in contests, quizzes, events organized by the Possessor of Rights and related to the Game, in the manner provided by the terms of such contests, quizzes, events;
• contact the Possessor of Rights with issues related to conclusion and execution of this Agreement.
• stop receiving Messages by following the instructions: click the link in every such Message and unsubscribe from receiving the Messages.
2.5.2. The User obliges:
• to use the language proper to the game site (proper to the language zone) in the Game, in the support service center, in the news section of the Game, in Forums, in chats and other sections of the Game where a user can write text messages.
• comply with the terms of this Agreement, including the Rules of the Game, License Agreement, without any restrictions;
• indicate reliable information during the registration in the Game on the Resources of the Possessor of Rights;
• provide the Possessor of Rights with information on all future changes in the registration data, including but not limited to change of e-mail address;
• not to violate intellectual property rights in respect of the Game and/or any part of the game and/or resources of the Possessor of Rights/Partners;
• independently take appropriate measures to ensure the safety of his accounts in the game, passwords and to prevent unauthorized use of these by third parties; if the User has reason to believe that third parties have obtained such information or can obtains it, the player should immediately inform the Possessor of Rights and change his data or ask Possessor of Rights to perform these actions;
• follow the instructions of the Possessor of Rights, in particular, if such instructions are made by the Possessor of Rights to a User or a group of Users in the game, in the customer support center, in the news section of the Game Web-site, on the forum of the Possessor of Rights and in other sections of the Web-site where the User can write text messages and/or attach graphics, audio, and video. If the User does not comply with these instructions of the Possessor of Rights, the latter has the right to suspend, restrict, terminate the Services and/or additional services for such User;
• provide his personal data, including name, full name, contact details upon the request of the Possessor of Rights;
• confirm data accuracy (including personal data) upon the request of the Possessor of Rights;
• guarantee that he/she has the necessary authority to enter into this Agreement. If the User has not reached the age of majority, he/she is obliged to obtain the necessary permission from the parents or legal representatives in the form required by the law.
Other rights of the Possessor of Rights and the User's obligations are provided in the Game Rules, License Agreement, and in Section 2.6 "Additional Services" of this Agreement.
2.6. Additional services.
2.6.1. Upon the User's request, the Possessor of Rights provides additional services that allow using additional, advanced, special game features.
2.6.2. The moment of providing Additional Services by Possessor of Rights is the moment of the User's payment for the additional services using the in-game currency specified on the web-site of the Possessor of Rights. Money paid by the User for an additional service is not subject to return.
2.6.3. If the User chooses to use additional services, he is obliged to indicate the following data in the information file: surname, first name, date of birth and other information that will allow the Possessor of Rights to identify the actual person with the User's account in the game, if necessary. The User is solely responsible for accuracy, completeness, reliability, and correctness of his personal data.
2.6.4. The list and the cost of additional services, as well as Methods and conditions of purchasing the in-game currency, are published on the Web-site of the game solely by the Possessor of Rights.
2.6.5. The moment of payment for additional services should be considered placement of funds on the current account of the Possessor of Rights. After the transfer of funds from the User to the current account of the Possessor of Rights the funds are converted into in-game currency. Conversion is made according to the rate and formula set forth by the Possessor of Rights and published on the web-site. Purchased in-game currency is credited by the Possessor of Rights to the User's personal account opened and located on the Web-site of the Possessor of Rights.
2.6.6. When purchasing in-game currency the User agrees to follow the payment instructions related to the payment order and methods, including rules of writing the message and the number of short text messages (SMS), including the input order for upper and lower case letters, numbers and language. In-game currency crediting to the personal account is guaranteed when the enclosed instructions and payment terms are met. The Possessor of Rights shall bear no responsibility for incorrect implementation of the terms of payment for additional services, as it lies out of the Possessor of Rights’ control.
For policies and procedures of the payment systems used to purchase the in-game currency the User shall contact the legal holders of such payment systems. The Possessor of Rights does not make any explanations to the User regarding the rules and procedures of such payment systems, and also does not make any money compensations to the User who performed funds transfer operations to purchase the in-game currency using payment systems, if such payments were made with violation of the rules established by the payment systems, and as the result the money was not received by the Possessor of Rights.
2.6.7. If in the case of a technical error, game failure, or the User's deliberate actions, he/she obtained additional services without payment and/or incomplete payment, the Possessor of Rights is entitled to charge the cost resulting from such circumstances from any following User's payment no matter what purpose it is intended for.
2.6.8. The User is obliged to keep documents proving the payment for additional services for the whole period the User stays in the game, and, if such documents are requested by the Possessor of Rights, the User shall provide the latter with them.
2.6.9. The User is obliged to monitor the state of his/her personal account.
2.6.10. Additional services are provided only by the Possessor of Rights or by other parties on his behalf. In case of a dispute, ambiguous situations or in case of receiving any offers from any third party in regard of payment for services or additional services in the Game, or posting such advertisements and offers on the Internet, with the exception of offers made under the written permission from the Possessor of Rights (hereinafter - the Offers), the User shall immediately notify the Possessor of Rights of such facts. If the User makes such payments (with details and references specified in such offer) violating this provision, any claims to the Possessor of Rights that the in-game currency has not been credited to the User's personal account will not be accepted and/or compensated by the Possessor of Rights.
2.6.11. If the Possessor of Rights finds that the User receives services or additional services within the Games from other third parties (individuals and/or legal bodies) operating without any agreement with the Possessor of Rights, the latter has the right to suspend, restrict, and terminate the Services, Additional Services provided to the User.
2.6.12. The User shall guarantee to the Possessor of Rights that he/she has the right to use the selected method of payment for additional services without violating the laws of the Republic of Cyprus and/or legislation of other appropriate countries the User is being a citizen of. The Possessor of Rights shall not be liable for any damages to third parties and/or other Users of the game, which results from the use of payment means that do not belong to the User.
2.6.13. The Possessor of Rights has the right to unilaterally suspend or terminate the Services, Additional Services for the User if there are any suspicions of illegal or fraudulent actions committed by the User and/or the Possessor of Rights determines that the user's operations of payment for additional services are fraud (including carding) - hereinafter - Fraud operations.
2.6.14. If the Possessor of Rights has reasons to think that the User performs illegal actions or fraud related to payment for additional services in the Game, the Possessor of Rights has the right to send relevant information to law enforcement bodies to investigate these facts.
2.6.15. The User shall comply with the requirements of the legislation of the Republic of Cyprus and/or legislation of the country he/she is being a citizen of when purchasing the in-game currency through bank cards.
2.6.16. The User agrees, understands and accepts that the this game is not a gambling or cash game, contest or betting and that purchase of additional services is User's own will and desire and is not necessary or mandatory to participate in the game and the game process.
2.7. Concluding provisions
2.7.1. If the User is prohibited from receiving on-line game services by the legislation of his/her country or in case of any other legal restrictions, including age restrictions, the User is not allowed to use the Game or individual services in the Game, the User is solely responsible for the use of the game on the Territory of his country in accordance with local laws.
2.7.2. This Agreement may be amended by the Possessor of Rights without any prior notice. Any changes to the agreement unilaterally made by the Possessor of Rights shall enter into force on the following day after publication of such changes by the Possessor of Rights in the game and/or on the website.
The User is obliged to check the Agreement for changes periodically. Failure to study this Agreement or/and its emended version by the User shall not be a reason for non-fulfillment of the obligations or/and violation of the restrictions set forth in this Agreement.
2.7.3. Invalidity of one or several provisions of this Agreement established by the effective court decision shall not entail the invalidity of the whole Agreement for the Parties. If one or several provisions of this Agreement are recognized invalid in accordance with the established order, the Parties are bound to fulfill the undertaken obligations under this Agreement in the manner implied by the Parties when concluding and/or emending the Agreement.
2.7.4. The User agrees that the Possessor of Rights has the right to request, collect and store the User's personal information (considering the provisions of the Law of the Republic of Cyprus on Information) including but not limited to the following information: name, last name, middle name, gender, age, address of registered or actual residence, phone number or e-mail addresses or other means of electronic communication; if the User orders the Additional services: payment details, including information on credit or debit payment cards and other means of payment.
The User agrees that personal information such as IP-address, browser type, access time, as well as other information that identifies the User will be automatically sent to the Possessor of Rights from the User's computer and will be stored on the server of the Possessor of Rights.
2.7.5. By accepting this Agreement, the User confirms that he/she is legally capable to enter into this Agreement. The User guarantees that the hardware by him/her is operable and sufficient to use the game.
2.7.6. Conclusion of this Agreement shall comply with the legislation of the Republic of Cyprus being the country of the exclusive property rights owner, namely with the norms that regulate the procedure and terms for concluding public agreements and adhesion contracts. The user shall not violate the local laws of the residence country. The User is solely responsible for non-compliance with these norms.
2.7.7. Agreement on issues and conditions not covered by this Agreement shall be regulated in accordance with the legislation of the country of the exclusive property rights owner.
2.7.8. Within two weeks after accepting the terms of the Agreement the user can terminate it in email without giving any reason.
Notice of termination of the Agreement should be sent to: support@goldenrush.org
Upon termination of the agreement the user name and the account name should be written in the subject line.
2.7.9. All disputes between the parties in respect to this Agreement shall be resolved through correspondence and discussions using the prejudicial (complaint) procedure, and in case of failure to reach an agreement between the parties through negotiations the dispute can be sent to the court of general jurisdiction by any interested party at the location of the Possessor of Rights.
Annex "Game Rules" to the User Agreement between the Possessor of Rights and the User
This document is an annex to the User Agreement that regulates the rules of participation and conduct in the game, of limiting the actions of the User in the game, and also of liability of the User for non-compliance with such rules and restrictions, the rights of the Possessor of Rights to apply the measures and conditions for such measures to the User as defined under the User Agreement. Compliance with the Game Rules is a prerequisite for user's participation in the game, as well as for receiving the Service and Additional services.
The Game Rules are applicable to the Game as well as to the Website of the Game, in particular at the Game forums.
These Rules regulate the user's conduct in the game and on the official website of the game, in particular at the game forums. The Rules of conduct are intended to make presence in the game world as pleasant as possible for each user. Non-compliance with these rules may result in blocking or deletion of the user account without reimbursement to the user (if any).
1. Registration in the Game
1. User registration is a prerequisite for participation in the Game and availability of other services provided by the Possessor of Rights.
2. Registration is allowed only to individuals. Only individuals are accepted as authorized users (not groups, not families, not spouses, etc.). If the user is under legal age, he/she confirms that by sending the registration request, the consent of the legal representatives is received.
3. When registering, the user shall provide a User Name in the game. The user name shall not violate rights of third parties and must conform to generally accepted moral principles. The email address and / or the Internet address of the Resource shall not be chosen as user's name. The user is allowed to have only one account at the respective web-resource (server). Also, during registration in the game, the User is obliged to use the language proper to the web-resource (to the language zone).
4. Upon successful registration the user can create and independently manage an account.
5. Under no circumstances the User shall use the login data of other users, unless the Game Rules provide a specific exception.
6. The User is allowed to use only one account in the game. Multi-user accounts can be deleted or blocked at any time at the discretion of the Possessor of Rights.
2. General information
1. The User, the owner of the account has no right to give/disclose the password to other users of the game, except for disclosure of the password to an individual who is not a Game User.
The User who disclosed the password bears responsibility for compliance with the terms of the Agreement and its annexes.
2. The maximum number of users that may play from one computer is one (1).
3. Resource sharing:
Each account must be used only for its own benefit and not for use by other users.
Resource sharing between the players, who share a computer, between the substitute and the substituted is prohibited.
4. Using various means of communication provided by the Game (including but not limited to discussion forums, email, chat rooms, blogs, guest books etc., as well as the comments function) the User can post their own content on the websites of the Possessor of Rights. In this regard, the owner provides only technical means of information exchange. The user accepts the responsibility for the content of such information and agrees to fully protect the Possessor of Rights from any claims and litigations by third parties.
The Possessor of Rights is not responsible for the content posted by the User. The User grants the Possessor of Rights the right to use the content posted by the User.
The Possessor of Rights indicates that the Possessor of Rights has no active system for posted content tracking, but spot checks are performed instead.
In addition, each user has the ability to inform the Possessor of Rights about suspicions of illegal content.
3. Restrictions for Game Users:
1. The user must follow all rules and restrictions set forth in these Regulations, License Agreement, User Agreement.
2. The user is obliged to respect the right of other users to participate in the game and should not create situations when the rights of other users in the game can be violated and/or limited.
3. The User is prohibited from performing any intentional actions that complicate or make it impossible to access the game by other users, as well as performing any intentional actions that complicate or make it impossible to carry out the duties by the Administration, creating intentional obstacles for other users not provided by the existing game-play.
Under no circumstances the user shall: hack/attempt to hack the software components and/or intercept the data coming from/to the server, create or use fraudulent methods, hacking and software products of third parties that may alter the results of the game, use the software that provides "data mining" from other Users or otherwise prevents the collection of information related to the Game. Other actions with a similar effect are also PROHIBITED. The User is prohibited from distribution or intended acquiring of information that allows to gain access to user accounts in the game or on the website of the Game. The User is prohibited from spreading links to other resources that contain such information, and use the information that allows to gain access to accounts of other users in the game or or on the web-resource of the Game.
The User is prohibited from any modification, change, de-compilation, sale and distribution of modified materials of the Game in whole or in parts, use of software bugs, code changes, gaining unauthorized access to the server and database of the Game. In individual cases the Possessor of Rights has the right for immediate suspension of the User's access to the game and appeal to police to review the actions of the offender under the Criminal Code of the Republic of Cyprus, or appropriate laws of the offender's residence country.
4. The User is prohibited to perform the following actions with any in-game objects, values, services, in-game currency without the personal permission from the Possessor of Rights:
• exchange of any in-game objects, values, services, in-game currency for any real-world values;
• sale of services outside of the game and/or for real-world values, including cash;
• purchase of services outside of the game and / or for real-world values, including cash;
• distribution of information about the user's intention to commit the above mentioned actions both by the User and by any third party.
5. The User is prohibited from creation and use of bots in the game (in-game characters controlled by software), other programs, any technical and/or other means to emulate User's actions in the game.
6. The User is prohibited from using any in-game errors and errors of any related software in the game. Users who found such game errors shall report them to the Possessor of Rights.
7. The User is forbidden to post or distribute on websites of the Possessor of Rights any information, including but not limited to the means of communication and messages that:
• violate intellectual property rights of third parties;
• contain "chain letters" or pyramid schemes;
• can be mistaken for messages from the Possessor of Rights;
• contain personal data about other Users and/or third parties;
• are advertisement, including displaying of any links to pages on the Internet, without the prior consent of the Possessor of Rights.
The User is forbidden to spread rumors and slander about the Possessor of Rights, other users, the game, any information that discredits the business reputation of the Possessor of Rights.
The User is prohibited from sending spam (information and announcements not related to the game) and flood (repetition, reproduction, copying of information etc.) in any of the game communication means.
The User is forbidden to use any obscene, offensive, provocative or any abnormal words and symbols in any form in the names or descriptions of characters and other game objects, use any obscene, offensive, provocative or abnormal words and symbols in the names or descriptions of unions (e.g. guilds) registered in the Game.
The User is forbidden to use profanity, insults, threats of violence, advertisement of drugs, pornographic material or third-party resources that contain this material in open access, propagation of racial, ethnic, religious, cultural, ideological, sexual, linguistic or political intolerance, including but not limited to Nazism, racism, fascism, fanaticism, terrorism, in the game. Users are not allowed to use in the game anything from the list above even if written with missing letters or/and words or/and if any letters are replaced by other than letters symbols, including the transliteration of foreign words with Latin alphabet.
8. The User is forbidden to post or upload files that contain viruses, Trojans, worm programs, time bombs, cancel-bots, corrupted files or data or any other similar software that may damage the game or disrupt operation of computers.
9. The User is forbidden to create character names, names of unions and other distinctions that indicate belonging to the Possessor of Rights or its Partners.
10. The User shall not violate the local laws of the residence country. The User is solely responsible for non-compliance with such norms.
4. Concluding provisions:
1. The Possessor of Rights shall solely decide what actions are considered a violation of these Game Rules.
2. In case of Game rules violation by the User the Possessor of Rights has the right to impose the following penalties:
• restrict use of the in-game mail;
• rename the character, the union or in-game objects;
• retrieve items, in-game currency, and other in-game values;
• restrict, suspend or terminate access to the account;
• delete characters or accounts.
• terminate the Agreement
3. If the User admits the guilt and agrees for further strict compliance with these Rules the Possessor of Rights has the right to set a penalty for pre-term unblocking of the account, at the same time the Possessor of Rights has the right to deny the pre-term unblocking without any explanation.
START PLAYING THE GAME MEANS UNCONDITIONAL ACCEPTANCE OF THE AGREEMENT TERMS BY THE USER AND SHOULD BE CONSIDERED AS ACKNOWLEDGMENT OF THE USER'S GUARANTEES WITH RESPECT TO THE PROVISIONS OF THIS AGREEMENT