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Before you start using the Game please read this Agreement carefully. By registering for access to the Game, you agree to the terms set forth below. If you do not agree to any of the terms of this Agreement, you must refuse to use the Service.
This User Agreement (hereinafter referred to as the "Agreement") regulates the relations between the copyright holder of the portal Cyber Plus LLC, hereinafter referred to as the "Operator" and the User (hereinafter referred to as the "User").
If the legislation of your state prohibits obtaining online gaming services, or there are other legal restrictions, including age restrictions, you may not use the Game or individual services in the Game. You agree to immediately stop using the Game or such services in the Game.
Terms used in this Agreement
The Portal is a hardware and software complex located on the Operator's Resources, which includes the Games and Game resources. The operation and maintenance of the Portal, as well as providing access to the Portal for Users is carried out exclusively by the Operator. The Users can take part in the Games in an interactive (online) mode by visiting https://tmgame.ru and/or getting information from the site https://tmgame.ru and/or its sub-domains and connecting the User via the Internet to the Operator Resources. The exclusive rights to use the Portal belong to the Operator.
Games - this are programs for the computer. The program algorithm is a formalized description (model) of a conflict situation, which includes clearly defined rules of action of the participants (players), who win over their opponents as a result of adopting one or another strategy. The Games are located on the Operator Resources. Users participate in the Games in an interactive (online) mode.
Website - the website located at https://tmgame.ru and its sub-domains, which provides the User with access to the Operator's resources, including for the User's participation in the Games. The Operator places information mandatory for Users on the Internet site.
Gaming resources - all services located in the domain https:// tmgame.ru and its sub domains.
Operator's resources - servers, Internet access channels, domain names and other software and hardware owned or leased by the Operator.
The Operator - the rights owner of the Portal, Cyber Plus LLC, performs the operation, maintenance and administration of the Portal. The Operator provides the User access to the Portal, Services and additional paid services under the terms of the Agreement. The Operator is a Party of user agreement.
User means a natural person who participates in the Games and/or visits the Portal and/or uses the information obtained from the Portal in any other way and/or is the ultimate recipient of the Services, Additional Paid Services. The User is a party to the User Agreement.
Services - this is providing the User with the access to the Portal, using the Portal, participation in the Games, using the facilities and services under the conditions defined in this Agreement. The Operator Services also including provision of the game process. The Services, except the Additional Paid Services, are rendered by the Operator to the User on a gratuitous basis. The Services can be provided by the Operator to the User only inside the Portal, in other words while the User is using the Portal.
Additional Services for a Fee - providing additional, special features of the Portal to the User for a fee, on the terms defined in this Agreement. Additional Services for a Fee are not necessary for the User to use the Portal or to receive Services and are provided for the User to receive additional features of the Portal beyond the Services. Additional Services for a Fee are provided upon User's request. Additional Services for a Fee may be provided by the Operator to the User only within the Portal.
Game currency is one of the numerical characteristics of the Portal, which is solely of a game nature. The game currency on the Portal is indicated by the signs of "coins" of different colors (copper, silver, gold) and has no real representation or equivalent. The Operator shall not exchange the game values obtained through the User receiving the Services and/or Additional Paid Services of the Operator, as well as the game currencies for cash, electronic or non-cash money.
User agreement - the text of the present Agreement between the User and the Operator contains all necessary and essential conditions of the contract. The User Agreement defines the relations between the User and the Operator regarding the User's use of the Portal, possibilities and conditions of receiving Services and Additional Paid Services by the User, limitations, conditions of suspension and termination of provision of Services and Additional Paid Services by the Operator, Parties responsibility, other relationships of the Parties related to the use of the Portal. Observance of conditions of User Agreement is a necessary condition for the User to use the Portal as well as for the User to receive Services and Additional Paid Services.
Rules of the Game - Appendix to User Agreement that regulates the rules for participation and conduct of User in the Game, a list of restrictions that User must adhere to in the Game, as well as User responsibility for failure to comply with these rules and restrictions, the rights of the Operator to apply the measures defined in this Agreement to User and the conditions of such measures. Compliance with the rules of the Game is a necessary condition for User participation in the Game, as well as obtaining Services and Additional Paid Services by the User. The rules of the game may be changed by the Operator at any time without prior notice to the User. Operator notifies the User of such changes by placing information on the website of the Game. User's continued participation in the game after changes in the rules of the game is his consent to these changes.
1. Subject of agreement
1.1. The Operator offers access to the Portal, Operator's Services as well as Additional Paid Services of the Operator to unlimited scope of persons under the terms of this Agreement.
1.2. Natural person wishing to access the Portal is a User from the moment of acceptance of this Agreement and has the rights and performs the charges stipulated in this Agreement.
1.3. Accepting the terms of this Agreement, the User agrees to all of its terms. The User's consent to the provisions of this Agreement is a prerequisite for starting to use the Portal.
1.4. Accepting the terms of this Agreement, the User confirms that he/she is legally capable person, competent, legal age (18 years) and has the right to enter into this Agreement.
1.5. Languages of communication in using the portal: Russian, English.
2. Operator obligations
2.1. The conditions set out in this Agreement, enable the User to obtain Operator's Services inside the Portal, obtain Additional Paid Services inside the Portal.
2.2. Notify the User by posting information on the Internet site about changes of the terms of this Agreement.
3. Operator Rights
3.1. The Operator has the right at any time, unilaterally, to limit, extend, change or terminate the provision of Services, Additional Paid Services, without prior notice to the User.
3.2. The Operator manages the Portal and the game processes at its own discretion, so at any time has the right to suspend or change the processes, the conditions of use of the Portal, without prior notice to the User.
3.3. The Operator has the right at any time to change, supplement, modify the Portal, any of its parts, without any prior notice to the User.
3.4. The Operator has the right at any time to change, delete any information posted by the User on the Operator Resources, including statements, announcements of the User.
3.5. All the information (personal data, photos, e-mail addresses etc.) which the User posts on the Portal belongs to the Operator. The Operator has the right to delete any information posted by the User without disclosing the reasons.
3.6. The Operator has the right at any time to suspend, limit and/or terminate the provision of Services, Additional Paid Services to the User, under the terms of this Agreement, including the User fails to comply with the terms of this Agreement.
3.7. The purpose to collect statistical data and identify Users, the Operator may monitor and store information about the IP-addresses of the User's access to the Portal, use technical information files (cookies) placed on the User's personal computer.
3.8. The Operator has the right to send messages of informational or technical nature related to the Portal, Services and Additional Paid Services to Users.
3.9. The Operator has the right to make remarks to the Users, to warn, notify, keep inform User about non-compliance with the terms of this Agreement by the Users. The Operator's instructions are binding for the User.
3.10. The Operator has the right to take statutory measures to protect its intellectual rights in relation to the Portal.
3.11. The Operator has the right, in case of suspension, restriction, termination of provision of Additional Services and/or Services to the User, to renew the Services and/or Additional Paid Services provided to the User.
3.12. The Operator has the right to encourage any of the available ways of any User at its discretion, including increasing the amount of game currency.
3.13. The Operator may delegate some of its authority to control the activities of Users to another User, provided that the User agrees to assume this authority. Such User is hereinafter referred to as the Moderator. Moderators are subject to all provisions of this Agreement with the exception of paragraph 5.5.
3.14. Inaction on the part of the Operator in case the User or other Users break the provisions of the Agreement doesn't deprive the Operator of the right to take the corresponding actions to protect his interests later and also doesn't mean the refusal of the Operator of its rights in case of like and similar violations of the User's side in the future.
4. Limitations of Operator liability.
4.1. The User uses the Operator's Resources and the Portal at his own risk. Use the Portal, provision of services, Additional Paid Services shall be carried out in the "as it is" condition.
4.2. The Operator is not responsible for any damage which may be caused to the User's computer and/or User's data as a result of using the Portal.
4.3. The Operator is not responsible for any direct or indirect losses resulting from: the ability or inability to use the Portal; unauthorized access to communications of the User; statements or behavior of any third party on the Portal.
4.4. The Operator is not responsible for possible unlawful actions of the User.
4.5. The Operator is not responsible for the User's statements made or published on the Operator's Resources. The Operator is not responsible for the User's behavior on the Operator's Resources and disrespectful attitude towards other users of the portal.
4.6. The Operator is not responsible for the User's loss of access to the User game account - the User's account on the Portal (loss of username, password, other information are necessary to identify the User on the Portal).
4.7. The Operator is not responsible for incomplete, inaccurate or incorrect data provided by the User in creating User account on the Portal.
4.8. The Operator is not responsible for the User's loss of the game valuables received as a result of the Operator's provision of the Services, Additional Paid Services.
4.9. The Operator is not responsible for the availability of the User's Internet access and for the quality of services of Internet providers with the Users have concluded agreements on providing Internet access services.
4.10. The Operator does not exchange the game values obtained through the User receiving the Services and/or the Operator's Additional Paid Services, as well as the game currencies for cash, electronic or non-cash money.
4.11. The Operator does not exchange game values received through the User's receiving the Services and/or the Operator's Additional Paid Services for other game values.
4.12. The Operator doe not bear expenses related the User's payment for the Additional Paid Services of the Operator and does not refund that kind of expenses to the User.
4.13. The Operator does not guarantee that the Portal will meet the User's requirements.
4.14. The Operator does not guarantee that the use of the Portal, access to the Operator's Resources as well as Services and Additional Paid Services will be uninterrupted, prompt, reliable and error-free.
4.15. The Operator does not guarantee that the use of the Portal, access to the Operator's Resources as well as Services and Additional Paid Services will be uninterrupted, prompt, reliable and error-free.
4.16. The Operator does not guarantee that the quality of any Service, Additional Paid Service or information received by using the Portal will meet the User's expectations.
4.17. The Operator is not obliged to provide the User any proofs, documents or other evidences of the User's violation the terms of the Agreement as a result of which the User was denied or limited in the provision of the Services, Additional Paid Services or the scope of such services of the User was reduced and/or limited.
5. User Rights and Obligations.
5.1. The User has the right to use the Portal exclusively for non-commercial, personal purposes in accordance with the terms of this Agreement.
5.2. The User has the right to participate in contests, promotions held by the Operator and related to the Portal, in accordance with the procedure provided for by the terms of that contests and promotions.
5.3. The User has the right to contact the Operator about occurred questions by email: bugs@tmgame.ru. The Operator enters into correspondence with the User at its own discretion.
5.4. The User has obligated to contact other Users of the Portal respectfully and correctly. The User agrees not to use profanity, not to threaten violence and physical violence outside of the Portal, not to distribute in any way materials that promote, or express rejection or hatred of any religion, culture, race, nation, people, language, politics, ideology or social movement, not to advertise porn sites, drugs and resources containing that information, as well as perform other actions that break applicable laws of the Russian Federation.
5.5 The User has no right to limit other Users access to the Portal or prevent other Users from using the Portal.
5.6. The User has no right to use bugs (software errors) and should immediately inform the Operator about it, interfere with the software code, get unauthorized access to the computer system, get access to the database of the Users or portal materials without the proper permission of the Operator. The User has obligate not using malware and equipment that can harm the Portal or its Users. The User also has obligate that in case of his caught cheating, which is aimed at damaging the Portal, as well as attempting to increase the game characteristics in a non-game way, user will be penalized up to the account deletion or sending a report on this fact to the law enforcement agencies of Russian Federation.
5.7. The User agree that in case of violation of User obligations the Operator has the right at any time to apply sanctions against the User, expressed in prohibiting to use the Portal by User, or use other methods of influence: warnings, temporary blocking of using the Portal or Portal individual functions, the claim for damages and other actions.
5.8. The User has no right advertising anything in the Game without the written consent of the Operator. In particular, any messages sent by the User containing links to other websites on the Internet are considered unauthorized advertising, if the User has not received the Operator's written permission for such advertising campaign.
5.9 The User obligates not carry out anti-promotion of the Portal, both on the Portal and outside of Portal.
5.10. The User obligates not clogging up the information Portal (chats, forums, private messages, etc.) with floods and spam (repeated text that has no meaning and/or meaningless text).
5.11. The User is obliged to comply with the terms of this Agreement without any limitations.
5.12. User is obliged to specify true information during registration on the Operator's Resources.
5.13. The User has obligate not break the Operator's intellectual property rights in regarding the Portal and/or any of the Operator Resources, in particular the User has no right copy, broadcasting, send, publish and otherwise distribute and reproduce the materials (text, graphic, audio-video) located on the Operator Resources without a written consent of the Operator.
5.14. The User should independently take appropriate measures to ensure the security of their accounts on the Portal and prevent unauthorized use of these accounts by third parties.
5.15. The User obligates the instructions of the Operator (or the Moderator), in particular, if such instructions are given by the Operator to the User or a group of Users on the Portal. If the User does not obligate instructions of the Operator (or the Moderator), the Operator (or the Moderator) has the right to suspend, limit, terminate the provision of the Services and/or the Additional Paid Services to current User. The User has no right to discuss, criticize, express, indignation at such instructions on the Portal.
5.16. The User is obliged at the request of the Operator to provide his (User) personal data, including first name, last Name, or other data requested by the Operator, in case it does not contradict the legislation of the Russian Federation.
5.17. The User guarantees that he/she has all the necessary rights to enter into this Agreement. If the User has not reached the age of majority, visiting and using the Portal is possible only with the consent and under the responsibility of parents or persons who have custody over a minor.
5.18. User understands that he is responsible for all the information and materials posted on the site. Information and materials provided by the User shall not violate the current legislation, including the law on copyright and related rights. If the content (information) provided by the User contradicts to the current legislation, the User is solely responsible for the violation. Administration and creators of the site are not responsible for the information and materials provided by Users.
5.19. Forbidden for one player to register more than one game character for each race on each server (including for the purpose of increasing the wealth of other their game characters or game characters of third parties (called "multiboxing")).
5.20. Forbidden to use two characters, registered as opposite races, at same time. It is also forbidden to engage in trade relations or participate in battles by characters play from the same computer regularly.
5.21. Disrespectful statements about the Operator, its products and people working there (including the moderators of the forum and the game) are not allowed. User is not allowed to spread information that does not correspond to reality (rumors, slander) about the game service of the game and the Operator (including the moderators of Chat and Forum). Forbidden to publish or send messages that provoke and/or contain calls to violation of the existing rules by other users of the project.
5.22. Use of direct or indirect advertising of other online projects, including games, as well as demonstrative appeals/invitations/exit to anywhere, including other online games, is forbidden.
5.23. Any advertising of brands and names not related to the Operator is forbidden. Spam, chain letters, pyramid schemes are forbidden.
5.24. Flooding, flaming and trolling are prohibited.
5.25. Prohibited to write more than half of the words or text in upper case (CAPS), messages containing an excessive (4 or more in a row) number of emoticons, (5 or more in a row) punctuation marks, symbols.
5.26. Forbidden to create nicknames and clans with offensive and/or provocative names , contrary to any of the paragraphs of the User Agreement, nicknames and clan names containing symbols that are not allowed by the Game, as well as unreadable nicknames and clan names (readability is at the discretion of the Operator).
5.27. Begging, extortion, charity, lending, renting, borrowing, etc. is forbidden.
5.28. Forbid to transfer game currency (monetary and clothing pumping), items, elixirs and other valuables from one character to another, either directly or by using the game Mail or game Auction.
5.29. Contractual fights (participation in fights with a predetermined outcome or conditions), any other collusion with a player of the opposite race in order to get game advantage, and it is forbidden to threaten other players using that collusion.
5.30. Forbidden to disclose to third parties the parameters of the other player without his consent.
5.31. Forbidden to ask questions about the reasons for penalties (silence, bans, warnings in the Forum and Chat), the actions of members of the Department of moderation anywhere, except in the "Complaints on the actions of game moderators" and "Complaints on the actions of forum moderators" on the forum.
5.32. Forbidden use words and expressions in the Questionnaire and Gifts that explicitly or implicitly breaks any paragraphs of the User Agreement.
5.33. Forbidden to disturb the employees of the Moderation Department, distract them from their work or interfere with their work.
5.34. Forbidden lie to representatives of the Operator.
5.35. The game prohibits threats, blackmail, wishes of death, disease, etc. - related to the identity of the player and his close relatives in real life.
5.36. Publish content of personal conversations on resources of the Game (privates) with anyone without prior consent (exception - to report violations of the Rules by another player).
5.37. Forbidden in any way, including, but not limited to, selling, buying, exchanging, and transferring, to get information necessary to access accounts in the Game and on the site of other Users. Forbidden to buy or otherwise get game characters or accounts. The penalty is a permanent ban.
5.38. Forbidden for User to use terminology in nicknames, titles and clan names that imply that the game character/clan has administrative functions, or pretend to be a trusted person of the Game Service Operator.
5.39. Plagiarize players' nicknames, names and/or clan icons (plagiarism parameters are at the Operator's discretion) are forbidden.
5.40. User has the right to use Game solely for noncommercial purposes within the limits defined in these Rules.
5.41. Forbidden any third-party programs that exercise control over the gameplay. Also prohibited are any programs that automatically generate game data, used for the purpose of obtaining a game advantage over other players. This includes: Bots, Macros, Automatic databases, etc.
5.42. Forbidden to User distribute information aimed at illegally obtaining passwords to the Game characters, as well as distribute links to resources with current information.
5.43. User has the right to change his password an unlimited number of times. In this case, User must independently ensure the complexity and secrecy of his password and other necessary data. User is also responsible for non-disclosure of his login and password, as well as all risks (losses) associated with possible disclosure.
5.44. User can complain about the actions of moderators of the game and the forum in special section of the forum. Complaint should be stated reasonably, without emotion and without breaking the rest of rules. Complaints in transliteration are not resolved. Complaints on moderators actions older than 3 months are not resolved. The complaint should not be complained more than once. If it is considered and rejected, it is not allowed to reapply for the same reason.
5.45. User agrees that in case of break of his obligations, the Operator or its representatives have the right to apply sanctions to User at any time: a warning, renaming, temporary blocking of the game chat use, temporary blocking of account, suspension/termination of Services, a claim for damages and other actions.
5.46. Actions of the Operator are not discussed and are not subject to appeal.
5.47. User agrees to comply with the rules of the game and forum rules.
5.48. Other obligations of User are stipulated in the section "Additional Paid Services" of this Agreement.
6. General terms
6.1 User is hereby notified that regular long (continuous) stay at a personal computer can cause various complications of physical condition, including vision impairment, scoliosis, various forms of neurosis and other negative effects on the body. User guarantees that he/she will use the Services only for a reasonable amount of time, with breaks for rest or other physical condition preventive measures, if such are recommended or prescribed to the User.
6.2 Account of User has not reached the second level and has not been used for 91 days or more is deleted after the specified period.
6.3 User has no right to use any components of the Portal outside the Portal without a written consent of the Operator.
6.4 User understands, accepts and agrees that any element of the Portal is component part of the Portal, particular set of functions and features of computer program, and despite the fact that the User is allowed to manage current elements of the Portal while using the Portal, it cannot be considered under any circumstances as transfer and/or cession of ownership of that element from the Operator to the User, just as it cannot be considered such management of the Portal element as authorship of the User.
6.5 Conclusion of this Agreement cannot be regarded as assignment of any rights from the Operator to the User on any parts of the Portal.
6.6 If the User is forbidden to use the Portal in accordance with the laws of their country or if there are other legislative restrictions, including age restrictions on access to such services, the User has no right to use the Portal or individual Services of the Portal. In this case, the User is solely responsible for the use of the Portal on the territory of their state in accordance with local laws.
6.7. The present Agreement can be changed by the Operator without any prior notification. Any changes in the Agreement made by the Operator unilaterally come into force on the day following the day of publication of such changes on the Internet site. The User is obliged to independently check the Agreement for changes. The User's failure to take actions to familiarize himself with the Agreement and/or the amended version of the Agreement can't be the reason for the User's failure to fulfill his obligations and non-observance of the restrictions, set by this Agreement.
6.8. Agreeing to this Agreement, User does not object to receiving news and advertising materials relating to the Project at User registration email.
6.9 Invalidity of one or more provisions of the Agreement, duly recognized as invalid by a court decision, does not entail for the Parties invalidity of the Agreement as a whole. In the event of invalidation of one or more provisions of the Agreement in accordance with the established procedure, the Parties undertake to perform their obligations under the Agreement as closely as possible to those implied by the Parties by entering into and/or agreeing to amend the Agreement.
6.10. This Agreement, in matters and conditions not stipulated in this Agreement, shall be governed in accordance with the applicable laws of the Russian Federation.
6.11. Regarding the form of this Agreement, the rules of the Russian Civil Code, governing the procedure and conditions of the public contract (Art. 426 of the Russian Civil Code), the contract of adhesion (Art. 428 of the Russian Civil Code), the offer (Articles 435-444 of the Russian Civil Code).
6.12. In relation to payment of taxes and charges, incurred in the process of rendering Services and Additional Paid Services to the User by the Operator, the User understands, accepts and agrees with the obligation to bear the burden of payment of the legally established taxes and charges according to the Article 23 of the Russian Tax Code, on Users own and at Users own expense.
6.13. All disputes between the parties hereunder shall be resolved by correspondence and negotiations using the pre-trial (claim) procedure, and if the parties cannot reach an agreement through negotiations, the dispute may be submitted by any interested party to the court of general jurisdiction at the location of the Operator.
Appendix 1 to the User Agreement of «TechnoMagic» the online game
Additional Paid Services.
1. This section of the Agreement regulates the order and conditions of providing Additional Paid Services related to the Portal by the Operator to the User.
2. Upon the User's request the Operator provides the User with Additional Paid Services which allow the User to use additional, extended, special features of the Portal. As a result of using some additional features the User may receive game values that contribute to faster development of the game character on the Portal and/or faster growth of the User's rating. Game values are intangible and may only be used by the User within the Portal.
3. The moment when the Operator credits game currency to the User's account for payment for the Additional Paid Service and when the User receives the Additional Paid Service is considered the moment of provision of the Additional Paid Service by the Operator. From that moment the Additional Paid Service is considered to be rendered by the Operator to the User in full, on time and with the proper quality. Funds paid by the User for the Additional paid Service shall not be returned to the User by the Operator.
4. If the User decides to use the Additional Paid Services of the Operator he is obliged to provide his last name, first name, year of birth and other information which will allow the Operator to identify the particular individual with the User's account on the Portal, if necessary. The User is solely responsible for the correctness, completeness, reliability and accuracy of his personal data. User agrees that the Operator has the right to request, collect and store, taking into account the provisions of the Federal Law "On Protection of Personal Data", personal information of the User, including information about surname, name, patronymic, gender, age, address of registered or actual residence, contact phone numbers or e-mail addresses or other means of electronic communication, as well as, in cases when the User uses the Additional Paid Services - payment data details of the User, including data on credit or debit payment cards and other means of payment, if it does not contradict the legislation of the Russian Federation.
5. List and cost of Additional Paid Services is published exclusively by the Operator on the website.
6. When registering the User on the Portal, the Operator automatically sets up the User's account, which is directly linked to the User's account. Payment for Additional Paid Services is made by the User from the User's account.
7. Methods and terms of refilling the User's account to pay for the Additional Paid Services on the Portal are published by the Operator on the Internet site. The User's account can be replenished by transferring money through supported payment systems to the Operator's account. The list of payment systems available for payment is given on the website. After the funds have been transferred to the Operator's account the funds are converted into the game currency to be transferred to the User's account. The conversion takes place according to the exchange rate and the formula defined by the Operator and published on the website. The moment of the User's account replenishment is considered to be the transfer of the funds to the Operator's account.
8. When depositing funds into the User's account on the Portal, the User undertakes to follow the payment instructions on the payment procedure and methods, including the rules for entering messages and short text message (SMS) numbers, including the procedure for entering upper and lower case letters, numbers and the input language. The crediting of game currency to the User's account is guaranteed upon complying with the attached instructions and payment terms. The Operator is not responsible for the correctness of the User's payment terms for the Additional Paid Services as they are out of the Operator's control. For questions concerning the rules and order of using payment systems for the User's account replenishment the User should contact the legal entities - the holders of such payment systems. The Operator doesn't explain to the Users the issues related to the rules and order of using such payment systems as well as doesn't compensate the User who transferred money to the User's account in the Portal via payment systems if such payments were made with violations of the rules established by the payment systems and as a result the money are not transferred to the Operator.
9. Receipt of Additional Paid Services by the User is possible if the User pays for such Additional Paid Services in full, at the same time the Operator has the right not to provide such Services, to provide it in limited amount or to limit the User to receive Additional Paid Services until confirmation of payment for Additional Paid Services is received. In order for the User to receive Additional Paid Services, the User's account must have enough game currency to be debited for each particular Additional Paid Service. The Operator does not provide the User with deferred payment, installments of Additional Paid Services as well as does not provide Additional Paid Services to the User on credit. Additional Paid Services are provided by the Operator to the User on condition of full prepayment of the cost of such Additional Paid Services.
10. If due to a technical error or portal failure or conscious action of the User the User received Additional Paid Services without payment and/or incomplete payment and/or game currency was not debited from the User's account for such Additional Paid Services, the User has to inform the Operator about that fact within 24 hours and compensate the cost of Additional Paid Services received by the User as a result of such circumstances or refuse to use such Additional Paid Services.
11. The Operator doesn't calculate and pay the User no interest for the unused by the User money if such funds were transferred to the Operator's account for their conversion into the game currency and the following payment for the Additional Paid Services and are on the User's account.
12. The User must keep the documents confirming the payment for the Additional Paid Services for the whole period of using the Portal, and in case the Operator requests such documents, provide it to the Operator as well as provide the Operator with the information about the circumstances of that User payment.
13. The User's responsibility to independently track the status of their account.
14. Additional Paid Services are rendered only by the Operator, that's why no offers from third parties for any Services connected with the Portal can be considered by the User as the offers from the Operator. In case of any disputable, unclear situations or any offers from third parties, connected with the payment for the Services or Additional Paid Services in the Portal, or placing such announcements and offers in the Internet, except the Operators' Resources and made on behalf of the Operator, the User should immediately notify the Operator of such fact. In case the User made a payment by the mentioned advertisement using the details mentioned in such an advertisement in violation of the present provision, the User's claims to the Operator concerning the lack of money transfer to the User's account are not accepted, and the Operator doesn't compensate the User the money spent by the User under such circumstances.
15. If the Operator establishes that the User get Services or Additional Paid Services inside the Portal from other third parties (physical and/or legal), the Operator has the right to suspend, limit or terminate the provision of Services or Additional Paid Services to the User.
16. Receipt of the Additional Paid Services doesn't release the Users from the observance of the present User Agreement and any measures stipulated in the User Agreement, including full or partial refusal of the Operator from providing the Services to the User. Compensation to the User of the paid Services in case of the Operator's refusal to provide the Services is not producing.
17. User guarantees to the Operator that User has the right to use the chosen means of payment for the Additional Paid Services without breaking the legislation of the Russian Federation and/or the legislation of other country which the User is a citizen of. The Operator doesn't bear responsibility for the possible damage to third parties and/or other Users of the Portal which was caused by the use of means of payment which don't belong to the User.
18. The Operator is not responsible for possible unlawful actions of the User while paying for the Additional Paid Services on the Portal. The Operator reserves the right to unilaterally suspend or stop providing Services or additional paid services to the User in case there is a suspicion of unlawful actions by the User until all the circumstances are clarified.
19. If the Operator has reasons to believe that the User performs illegal actions or fraudulent activities related to the payment for the Additional Paid Services, the Operator has the right to transfer the relevant information to law enforcement agencies for the purpose of verification of the given fact.
20. User shall bear all expenses related to the transfer of funds to the Operator, including fees and commissions, at the User's own expense.
21. User guarantees that he/she has full authority to enter into this Agreement in the provision of the Additional Paid Services and that he/she has the right and authority to make payments for the Additional Paid Services.
22. User agrees, understands and accepts that the Portal is not a gambling game, a game for money, a contest, a bet, and the purchase of the Additional Paid Services is his will and desire, and is not a necessary or prerequisite for the use of the Portal.
This User Agreement (hereinafter referred to as the "Agreement") regulates the relations between the copyright holder of the portal Cyber Plus LLC, hereinafter referred to as the "Operator" and the User (hereinafter referred to as the "User").
If the legislation of your state prohibits obtaining online gaming services, or there are other legal restrictions, including age restrictions, you may not use the Game or individual services in the Game. You agree to immediately stop using the Game or such services in the Game.
Terms used in this Agreement
The Portal is a hardware and software complex located on the Operator's Resources, which includes the Games and Game resources. The operation and maintenance of the Portal, as well as providing access to the Portal for Users is carried out exclusively by the Operator. The Users can take part in the Games in an interactive (online) mode by visiting https://tmgame.ru and/or getting information from the site https://tmgame.ru and/or its sub-domains and connecting the User via the Internet to the Operator Resources. The exclusive rights to use the Portal belong to the Operator.
Games - this are programs for the computer. The program algorithm is a formalized description (model) of a conflict situation, which includes clearly defined rules of action of the participants (players), who win over their opponents as a result of adopting one or another strategy. The Games are located on the Operator Resources. Users participate in the Games in an interactive (online) mode.
Website - the website located at https://tmgame.ru and its sub-domains, which provides the User with access to the Operator's resources, including for the User's participation in the Games. The Operator places information mandatory for Users on the Internet site.
Gaming resources - all services located in the domain https:// tmgame.ru and its sub domains.
Operator's resources - servers, Internet access channels, domain names and other software and hardware owned or leased by the Operator.
The Operator - the rights owner of the Portal, Cyber Plus LLC, performs the operation, maintenance and administration of the Portal. The Operator provides the User access to the Portal, Services and additional paid services under the terms of the Agreement. The Operator is a Party of user agreement.
User means a natural person who participates in the Games and/or visits the Portal and/or uses the information obtained from the Portal in any other way and/or is the ultimate recipient of the Services, Additional Paid Services. The User is a party to the User Agreement.
Services - this is providing the User with the access to the Portal, using the Portal, participation in the Games, using the facilities and services under the conditions defined in this Agreement. The Operator Services also including provision of the game process. The Services, except the Additional Paid Services, are rendered by the Operator to the User on a gratuitous basis. The Services can be provided by the Operator to the User only inside the Portal, in other words while the User is using the Portal.
Additional Services for a Fee - providing additional, special features of the Portal to the User for a fee, on the terms defined in this Agreement. Additional Services for a Fee are not necessary for the User to use the Portal or to receive Services and are provided for the User to receive additional features of the Portal beyond the Services. Additional Services for a Fee are provided upon User's request. Additional Services for a Fee may be provided by the Operator to the User only within the Portal.
Game currency is one of the numerical characteristics of the Portal, which is solely of a game nature. The game currency on the Portal is indicated by the signs of "coins" of different colors (copper, silver, gold) and has no real representation or equivalent. The Operator shall not exchange the game values obtained through the User receiving the Services and/or Additional Paid Services of the Operator, as well as the game currencies for cash, electronic or non-cash money.
User agreement - the text of the present Agreement between the User and the Operator contains all necessary and essential conditions of the contract. The User Agreement defines the relations between the User and the Operator regarding the User's use of the Portal, possibilities and conditions of receiving Services and Additional Paid Services by the User, limitations, conditions of suspension and termination of provision of Services and Additional Paid Services by the Operator, Parties responsibility, other relationships of the Parties related to the use of the Portal. Observance of conditions of User Agreement is a necessary condition for the User to use the Portal as well as for the User to receive Services and Additional Paid Services.
Rules of the Game - Appendix to User Agreement that regulates the rules for participation and conduct of User in the Game, a list of restrictions that User must adhere to in the Game, as well as User responsibility for failure to comply with these rules and restrictions, the rights of the Operator to apply the measures defined in this Agreement to User and the conditions of such measures. Compliance with the rules of the Game is a necessary condition for User participation in the Game, as well as obtaining Services and Additional Paid Services by the User. The rules of the game may be changed by the Operator at any time without prior notice to the User. Operator notifies the User of such changes by placing information on the website of the Game. User's continued participation in the game after changes in the rules of the game is his consent to these changes.
1. Subject of agreement
1.1. The Operator offers access to the Portal, Operator's Services as well as Additional Paid Services of the Operator to unlimited scope of persons under the terms of this Agreement.
1.2. Natural person wishing to access the Portal is a User from the moment of acceptance of this Agreement and has the rights and performs the charges stipulated in this Agreement.
1.3. Accepting the terms of this Agreement, the User agrees to all of its terms. The User's consent to the provisions of this Agreement is a prerequisite for starting to use the Portal.
1.4. Accepting the terms of this Agreement, the User confirms that he/she is legally capable person, competent, legal age (18 years) and has the right to enter into this Agreement.
1.5. Languages of communication in using the portal: Russian, English.
2. Operator obligations
2.1. The conditions set out in this Agreement, enable the User to obtain Operator's Services inside the Portal, obtain Additional Paid Services inside the Portal.
2.2. Notify the User by posting information on the Internet site about changes of the terms of this Agreement.
3. Operator Rights
3.1. The Operator has the right at any time, unilaterally, to limit, extend, change or terminate the provision of Services, Additional Paid Services, without prior notice to the User.
3.2. The Operator manages the Portal and the game processes at its own discretion, so at any time has the right to suspend or change the processes, the conditions of use of the Portal, without prior notice to the User.
3.3. The Operator has the right at any time to change, supplement, modify the Portal, any of its parts, without any prior notice to the User.
3.4. The Operator has the right at any time to change, delete any information posted by the User on the Operator Resources, including statements, announcements of the User.
3.5. All the information (personal data, photos, e-mail addresses etc.) which the User posts on the Portal belongs to the Operator. The Operator has the right to delete any information posted by the User without disclosing the reasons.
3.6. The Operator has the right at any time to suspend, limit and/or terminate the provision of Services, Additional Paid Services to the User, under the terms of this Agreement, including the User fails to comply with the terms of this Agreement.
3.7. The purpose to collect statistical data and identify Users, the Operator may monitor and store information about the IP-addresses of the User's access to the Portal, use technical information files (cookies) placed on the User's personal computer.
3.8. The Operator has the right to send messages of informational or technical nature related to the Portal, Services and Additional Paid Services to Users.
3.9. The Operator has the right to make remarks to the Users, to warn, notify, keep inform User about non-compliance with the terms of this Agreement by the Users. The Operator's instructions are binding for the User.
3.10. The Operator has the right to take statutory measures to protect its intellectual rights in relation to the Portal.
3.11. The Operator has the right, in case of suspension, restriction, termination of provision of Additional Services and/or Services to the User, to renew the Services and/or Additional Paid Services provided to the User.
3.12. The Operator has the right to encourage any of the available ways of any User at its discretion, including increasing the amount of game currency.
3.13. The Operator may delegate some of its authority to control the activities of Users to another User, provided that the User agrees to assume this authority. Such User is hereinafter referred to as the Moderator. Moderators are subject to all provisions of this Agreement with the exception of paragraph 5.5.
3.14. Inaction on the part of the Operator in case the User or other Users break the provisions of the Agreement doesn't deprive the Operator of the right to take the corresponding actions to protect his interests later and also doesn't mean the refusal of the Operator of its rights in case of like and similar violations of the User's side in the future.
4. Limitations of Operator liability.
4.1. The User uses the Operator's Resources and the Portal at his own risk. Use the Portal, provision of services, Additional Paid Services shall be carried out in the "as it is" condition.
4.2. The Operator is not responsible for any damage which may be caused to the User's computer and/or User's data as a result of using the Portal.
4.3. The Operator is not responsible for any direct or indirect losses resulting from: the ability or inability to use the Portal; unauthorized access to communications of the User; statements or behavior of any third party on the Portal.
4.4. The Operator is not responsible for possible unlawful actions of the User.
4.5. The Operator is not responsible for the User's statements made or published on the Operator's Resources. The Operator is not responsible for the User's behavior on the Operator's Resources and disrespectful attitude towards other users of the portal.
4.6. The Operator is not responsible for the User's loss of access to the User game account - the User's account on the Portal (loss of username, password, other information are necessary to identify the User on the Portal).
4.7. The Operator is not responsible for incomplete, inaccurate or incorrect data provided by the User in creating User account on the Portal.
4.8. The Operator is not responsible for the User's loss of the game valuables received as a result of the Operator's provision of the Services, Additional Paid Services.
4.9. The Operator is not responsible for the availability of the User's Internet access and for the quality of services of Internet providers with the Users have concluded agreements on providing Internet access services.
4.10. The Operator does not exchange the game values obtained through the User receiving the Services and/or the Operator's Additional Paid Services, as well as the game currencies for cash, electronic or non-cash money.
4.11. The Operator does not exchange game values received through the User's receiving the Services and/or the Operator's Additional Paid Services for other game values.
4.12. The Operator doe not bear expenses related the User's payment for the Additional Paid Services of the Operator and does not refund that kind of expenses to the User.
4.13. The Operator does not guarantee that the Portal will meet the User's requirements.
4.14. The Operator does not guarantee that the use of the Portal, access to the Operator's Resources as well as Services and Additional Paid Services will be uninterrupted, prompt, reliable and error-free.
4.15. The Operator does not guarantee that the use of the Portal, access to the Operator's Resources as well as Services and Additional Paid Services will be uninterrupted, prompt, reliable and error-free.
4.16. The Operator does not guarantee that the quality of any Service, Additional Paid Service or information received by using the Portal will meet the User's expectations.
4.17. The Operator is not obliged to provide the User any proofs, documents or other evidences of the User's violation the terms of the Agreement as a result of which the User was denied or limited in the provision of the Services, Additional Paid Services or the scope of such services of the User was reduced and/or limited.
5. User Rights and Obligations.
5.1. The User has the right to use the Portal exclusively for non-commercial, personal purposes in accordance with the terms of this Agreement.
5.2. The User has the right to participate in contests, promotions held by the Operator and related to the Portal, in accordance with the procedure provided for by the terms of that contests and promotions.
5.3. The User has the right to contact the Operator about occurred questions by email: bugs@tmgame.ru. The Operator enters into correspondence with the User at its own discretion.
5.4. The User has obligated to contact other Users of the Portal respectfully and correctly. The User agrees not to use profanity, not to threaten violence and physical violence outside of the Portal, not to distribute in any way materials that promote, or express rejection or hatred of any religion, culture, race, nation, people, language, politics, ideology or social movement, not to advertise porn sites, drugs and resources containing that information, as well as perform other actions that break applicable laws of the Russian Federation.
5.5 The User has no right to limit other Users access to the Portal or prevent other Users from using the Portal.
5.6. The User has no right to use bugs (software errors) and should immediately inform the Operator about it, interfere with the software code, get unauthorized access to the computer system, get access to the database of the Users or portal materials without the proper permission of the Operator. The User has obligate not using malware and equipment that can harm the Portal or its Users. The User also has obligate that in case of his caught cheating, which is aimed at damaging the Portal, as well as attempting to increase the game characteristics in a non-game way, user will be penalized up to the account deletion or sending a report on this fact to the law enforcement agencies of Russian Federation.
5.7. The User agree that in case of violation of User obligations the Operator has the right at any time to apply sanctions against the User, expressed in prohibiting to use the Portal by User, or use other methods of influence: warnings, temporary blocking of using the Portal or Portal individual functions, the claim for damages and other actions.
5.8. The User has no right advertising anything in the Game without the written consent of the Operator. In particular, any messages sent by the User containing links to other websites on the Internet are considered unauthorized advertising, if the User has not received the Operator's written permission for such advertising campaign.
5.9 The User obligates not carry out anti-promotion of the Portal, both on the Portal and outside of Portal.
5.10. The User obligates not clogging up the information Portal (chats, forums, private messages, etc.) with floods and spam (repeated text that has no meaning and/or meaningless text).
5.11. The User is obliged to comply with the terms of this Agreement without any limitations.
5.12. User is obliged to specify true information during registration on the Operator's Resources.
5.13. The User has obligate not break the Operator's intellectual property rights in regarding the Portal and/or any of the Operator Resources, in particular the User has no right copy, broadcasting, send, publish and otherwise distribute and reproduce the materials (text, graphic, audio-video) located on the Operator Resources without a written consent of the Operator.
5.14. The User should independently take appropriate measures to ensure the security of their accounts on the Portal and prevent unauthorized use of these accounts by third parties.
5.15. The User obligates the instructions of the Operator (or the Moderator), in particular, if such instructions are given by the Operator to the User or a group of Users on the Portal. If the User does not obligate instructions of the Operator (or the Moderator), the Operator (or the Moderator) has the right to suspend, limit, terminate the provision of the Services and/or the Additional Paid Services to current User. The User has no right to discuss, criticize, express, indignation at such instructions on the Portal.
5.16. The User is obliged at the request of the Operator to provide his (User) personal data, including first name, last Name, or other data requested by the Operator, in case it does not contradict the legislation of the Russian Federation.
5.17. The User guarantees that he/she has all the necessary rights to enter into this Agreement. If the User has not reached the age of majority, visiting and using the Portal is possible only with the consent and under the responsibility of parents or persons who have custody over a minor.
5.18. User understands that he is responsible for all the information and materials posted on the site. Information and materials provided by the User shall not violate the current legislation, including the law on copyright and related rights. If the content (information) provided by the User contradicts to the current legislation, the User is solely responsible for the violation. Administration and creators of the site are not responsible for the information and materials provided by Users.
5.19. Forbidden for one player to register more than one game character for each race on each server (including for the purpose of increasing the wealth of other their game characters or game characters of third parties (called "multiboxing")).
5.20. Forbidden to use two characters, registered as opposite races, at same time. It is also forbidden to engage in trade relations or participate in battles by characters play from the same computer regularly.
5.21. Disrespectful statements about the Operator, its products and people working there (including the moderators of the forum and the game) are not allowed. User is not allowed to spread information that does not correspond to reality (rumors, slander) about the game service of the game and the Operator (including the moderators of Chat and Forum). Forbidden to publish or send messages that provoke and/or contain calls to violation of the existing rules by other users of the project.
5.22. Use of direct or indirect advertising of other online projects, including games, as well as demonstrative appeals/invitations/exit to anywhere, including other online games, is forbidden.
5.23. Any advertising of brands and names not related to the Operator is forbidden. Spam, chain letters, pyramid schemes are forbidden.
5.24. Flooding, flaming and trolling are prohibited.
5.25. Prohibited to write more than half of the words or text in upper case (CAPS), messages containing an excessive (4 or more in a row) number of emoticons, (5 or more in a row) punctuation marks, symbols.
5.26. Forbidden to create nicknames and clans with offensive and/or provocative names , contrary to any of the paragraphs of the User Agreement, nicknames and clan names containing symbols that are not allowed by the Game, as well as unreadable nicknames and clan names (readability is at the discretion of the Operator).
5.27. Begging, extortion, charity, lending, renting, borrowing, etc. is forbidden.
5.28. Forbid to transfer game currency (monetary and clothing pumping), items, elixirs and other valuables from one character to another, either directly or by using the game Mail or game Auction.
5.29. Contractual fights (participation in fights with a predetermined outcome or conditions), any other collusion with a player of the opposite race in order to get game advantage, and it is forbidden to threaten other players using that collusion.
5.30. Forbidden to disclose to third parties the parameters of the other player without his consent.
5.31. Forbidden to ask questions about the reasons for penalties (silence, bans, warnings in the Forum and Chat), the actions of members of the Department of moderation anywhere, except in the "Complaints on the actions of game moderators" and "Complaints on the actions of forum moderators" on the forum.
5.32. Forbidden use words and expressions in the Questionnaire and Gifts that explicitly or implicitly breaks any paragraphs of the User Agreement.
5.33. Forbidden to disturb the employees of the Moderation Department, distract them from their work or interfere with their work.
5.34. Forbidden lie to representatives of the Operator.
5.35. The game prohibits threats, blackmail, wishes of death, disease, etc. - related to the identity of the player and his close relatives in real life.
5.36. Publish content of personal conversations on resources of the Game (privates) with anyone without prior consent (exception - to report violations of the Rules by another player).
5.37. Forbidden in any way, including, but not limited to, selling, buying, exchanging, and transferring, to get information necessary to access accounts in the Game and on the site of other Users. Forbidden to buy or otherwise get game characters or accounts. The penalty is a permanent ban.
5.38. Forbidden for User to use terminology in nicknames, titles and clan names that imply that the game character/clan has administrative functions, or pretend to be a trusted person of the Game Service Operator.
5.39. Plagiarize players' nicknames, names and/or clan icons (plagiarism parameters are at the Operator's discretion) are forbidden.
5.40. User has the right to use Game solely for noncommercial purposes within the limits defined in these Rules.
5.41. Forbidden any third-party programs that exercise control over the gameplay. Also prohibited are any programs that automatically generate game data, used for the purpose of obtaining a game advantage over other players. This includes: Bots, Macros, Automatic databases, etc.
5.42. Forbidden to User distribute information aimed at illegally obtaining passwords to the Game characters, as well as distribute links to resources with current information.
5.43. User has the right to change his password an unlimited number of times. In this case, User must independently ensure the complexity and secrecy of his password and other necessary data. User is also responsible for non-disclosure of his login and password, as well as all risks (losses) associated with possible disclosure.
5.44. User can complain about the actions of moderators of the game and the forum in special section of the forum. Complaint should be stated reasonably, without emotion and without breaking the rest of rules. Complaints in transliteration are not resolved. Complaints on moderators actions older than 3 months are not resolved. The complaint should not be complained more than once. If it is considered and rejected, it is not allowed to reapply for the same reason.
5.45. User agrees that in case of break of his obligations, the Operator or its representatives have the right to apply sanctions to User at any time: a warning, renaming, temporary blocking of the game chat use, temporary blocking of account, suspension/termination of Services, a claim for damages and other actions.
5.46. Actions of the Operator are not discussed and are not subject to appeal.
5.47. User agrees to comply with the rules of the game and forum rules.
5.48. Other obligations of User are stipulated in the section "Additional Paid Services" of this Agreement.
6. General terms
6.1 User is hereby notified that regular long (continuous) stay at a personal computer can cause various complications of physical condition, including vision impairment, scoliosis, various forms of neurosis and other negative effects on the body. User guarantees that he/she will use the Services only for a reasonable amount of time, with breaks for rest or other physical condition preventive measures, if such are recommended or prescribed to the User.
6.2 Account of User has not reached the second level and has not been used for 91 days or more is deleted after the specified period.
6.3 User has no right to use any components of the Portal outside the Portal without a written consent of the Operator.
6.4 User understands, accepts and agrees that any element of the Portal is component part of the Portal, particular set of functions and features of computer program, and despite the fact that the User is allowed to manage current elements of the Portal while using the Portal, it cannot be considered under any circumstances as transfer and/or cession of ownership of that element from the Operator to the User, just as it cannot be considered such management of the Portal element as authorship of the User.
6.5 Conclusion of this Agreement cannot be regarded as assignment of any rights from the Operator to the User on any parts of the Portal.
6.6 If the User is forbidden to use the Portal in accordance with the laws of their country or if there are other legislative restrictions, including age restrictions on access to such services, the User has no right to use the Portal or individual Services of the Portal. In this case, the User is solely responsible for the use of the Portal on the territory of their state in accordance with local laws.
6.7. The present Agreement can be changed by the Operator without any prior notification. Any changes in the Agreement made by the Operator unilaterally come into force on the day following the day of publication of such changes on the Internet site. The User is obliged to independently check the Agreement for changes. The User's failure to take actions to familiarize himself with the Agreement and/or the amended version of the Agreement can't be the reason for the User's failure to fulfill his obligations and non-observance of the restrictions, set by this Agreement.
6.8. Agreeing to this Agreement, User does not object to receiving news and advertising materials relating to the Project at User registration email.
6.9 Invalidity of one or more provisions of the Agreement, duly recognized as invalid by a court decision, does not entail for the Parties invalidity of the Agreement as a whole. In the event of invalidation of one or more provisions of the Agreement in accordance with the established procedure, the Parties undertake to perform their obligations under the Agreement as closely as possible to those implied by the Parties by entering into and/or agreeing to amend the Agreement.
6.10. This Agreement, in matters and conditions not stipulated in this Agreement, shall be governed in accordance with the applicable laws of the Russian Federation.
6.11. Regarding the form of this Agreement, the rules of the Russian Civil Code, governing the procedure and conditions of the public contract (Art. 426 of the Russian Civil Code), the contract of adhesion (Art. 428 of the Russian Civil Code), the offer (Articles 435-444 of the Russian Civil Code).
6.12. In relation to payment of taxes and charges, incurred in the process of rendering Services and Additional Paid Services to the User by the Operator, the User understands, accepts and agrees with the obligation to bear the burden of payment of the legally established taxes and charges according to the Article 23 of the Russian Tax Code, on Users own and at Users own expense.
6.13. All disputes between the parties hereunder shall be resolved by correspondence and negotiations using the pre-trial (claim) procedure, and if the parties cannot reach an agreement through negotiations, the dispute may be submitted by any interested party to the court of general jurisdiction at the location of the Operator.
Appendix 1 to the User Agreement of «TechnoMagic» the online game
Additional Paid Services.
1. This section of the Agreement regulates the order and conditions of providing Additional Paid Services related to the Portal by the Operator to the User.
2. Upon the User's request the Operator provides the User with Additional Paid Services which allow the User to use additional, extended, special features of the Portal. As a result of using some additional features the User may receive game values that contribute to faster development of the game character on the Portal and/or faster growth of the User's rating. Game values are intangible and may only be used by the User within the Portal.
3. The moment when the Operator credits game currency to the User's account for payment for the Additional Paid Service and when the User receives the Additional Paid Service is considered the moment of provision of the Additional Paid Service by the Operator. From that moment the Additional Paid Service is considered to be rendered by the Operator to the User in full, on time and with the proper quality. Funds paid by the User for the Additional paid Service shall not be returned to the User by the Operator.
4. If the User decides to use the Additional Paid Services of the Operator he is obliged to provide his last name, first name, year of birth and other information which will allow the Operator to identify the particular individual with the User's account on the Portal, if necessary. The User is solely responsible for the correctness, completeness, reliability and accuracy of his personal data. User agrees that the Operator has the right to request, collect and store, taking into account the provisions of the Federal Law "On Protection of Personal Data", personal information of the User, including information about surname, name, patronymic, gender, age, address of registered or actual residence, contact phone numbers or e-mail addresses or other means of electronic communication, as well as, in cases when the User uses the Additional Paid Services - payment data details of the User, including data on credit or debit payment cards and other means of payment, if it does not contradict the legislation of the Russian Federation.
5. List and cost of Additional Paid Services is published exclusively by the Operator on the website.
6. When registering the User on the Portal, the Operator automatically sets up the User's account, which is directly linked to the User's account. Payment for Additional Paid Services is made by the User from the User's account.
7. Methods and terms of refilling the User's account to pay for the Additional Paid Services on the Portal are published by the Operator on the Internet site. The User's account can be replenished by transferring money through supported payment systems to the Operator's account. The list of payment systems available for payment is given on the website. After the funds have been transferred to the Operator's account the funds are converted into the game currency to be transferred to the User's account. The conversion takes place according to the exchange rate and the formula defined by the Operator and published on the website. The moment of the User's account replenishment is considered to be the transfer of the funds to the Operator's account.
8. When depositing funds into the User's account on the Portal, the User undertakes to follow the payment instructions on the payment procedure and methods, including the rules for entering messages and short text message (SMS) numbers, including the procedure for entering upper and lower case letters, numbers and the input language. The crediting of game currency to the User's account is guaranteed upon complying with the attached instructions and payment terms. The Operator is not responsible for the correctness of the User's payment terms for the Additional Paid Services as they are out of the Operator's control. For questions concerning the rules and order of using payment systems for the User's account replenishment the User should contact the legal entities - the holders of such payment systems. The Operator doesn't explain to the Users the issues related to the rules and order of using such payment systems as well as doesn't compensate the User who transferred money to the User's account in the Portal via payment systems if such payments were made with violations of the rules established by the payment systems and as a result the money are not transferred to the Operator.
9. Receipt of Additional Paid Services by the User is possible if the User pays for such Additional Paid Services in full, at the same time the Operator has the right not to provide such Services, to provide it in limited amount or to limit the User to receive Additional Paid Services until confirmation of payment for Additional Paid Services is received. In order for the User to receive Additional Paid Services, the User's account must have enough game currency to be debited for each particular Additional Paid Service. The Operator does not provide the User with deferred payment, installments of Additional Paid Services as well as does not provide Additional Paid Services to the User on credit. Additional Paid Services are provided by the Operator to the User on condition of full prepayment of the cost of such Additional Paid Services.
10. If due to a technical error or portal failure or conscious action of the User the User received Additional Paid Services without payment and/or incomplete payment and/or game currency was not debited from the User's account for such Additional Paid Services, the User has to inform the Operator about that fact within 24 hours and compensate the cost of Additional Paid Services received by the User as a result of such circumstances or refuse to use such Additional Paid Services.
11. The Operator doesn't calculate and pay the User no interest for the unused by the User money if such funds were transferred to the Operator's account for their conversion into the game currency and the following payment for the Additional Paid Services and are on the User's account.
12. The User must keep the documents confirming the payment for the Additional Paid Services for the whole period of using the Portal, and in case the Operator requests such documents, provide it to the Operator as well as provide the Operator with the information about the circumstances of that User payment.
13. The User's responsibility to independently track the status of their account.
14. Additional Paid Services are rendered only by the Operator, that's why no offers from third parties for any Services connected with the Portal can be considered by the User as the offers from the Operator. In case of any disputable, unclear situations or any offers from third parties, connected with the payment for the Services or Additional Paid Services in the Portal, or placing such announcements and offers in the Internet, except the Operators' Resources and made on behalf of the Operator, the User should immediately notify the Operator of such fact. In case the User made a payment by the mentioned advertisement using the details mentioned in such an advertisement in violation of the present provision, the User's claims to the Operator concerning the lack of money transfer to the User's account are not accepted, and the Operator doesn't compensate the User the money spent by the User under such circumstances.
15. If the Operator establishes that the User get Services or Additional Paid Services inside the Portal from other third parties (physical and/or legal), the Operator has the right to suspend, limit or terminate the provision of Services or Additional Paid Services to the User.
16. Receipt of the Additional Paid Services doesn't release the Users from the observance of the present User Agreement and any measures stipulated in the User Agreement, including full or partial refusal of the Operator from providing the Services to the User. Compensation to the User of the paid Services in case of the Operator's refusal to provide the Services is not producing.
17. User guarantees to the Operator that User has the right to use the chosen means of payment for the Additional Paid Services without breaking the legislation of the Russian Federation and/or the legislation of other country which the User is a citizen of. The Operator doesn't bear responsibility for the possible damage to third parties and/or other Users of the Portal which was caused by the use of means of payment which don't belong to the User.
18. The Operator is not responsible for possible unlawful actions of the User while paying for the Additional Paid Services on the Portal. The Operator reserves the right to unilaterally suspend or stop providing Services or additional paid services to the User in case there is a suspicion of unlawful actions by the User until all the circumstances are clarified.
19. If the Operator has reasons to believe that the User performs illegal actions or fraudulent activities related to the payment for the Additional Paid Services, the Operator has the right to transfer the relevant information to law enforcement agencies for the purpose of verification of the given fact.
20. User shall bear all expenses related to the transfer of funds to the Operator, including fees and commissions, at the User's own expense.
21. User guarantees that he/she has full authority to enter into this Agreement in the provision of the Additional Paid Services and that he/she has the right and authority to make payments for the Additional Paid Services.
22. User agrees, understands and accepts that the Portal is not a gambling game, a game for money, a contest, a bet, and the purchase of the Additional Paid Services is his will and desire, and is not a necessary or prerequisite for the use of the Portal.