Enkord Ltd, hereinafter referred to as the "Company", proposes to
sign this Terms of Service (hereinafter referred to as the "TOS")
on the terms and conditions set forth below with an individual person, hereinafter
referred to as the "User" having consented to the terms and conditions
of this TOS.
The User consents to accept irrevocably the then-current terms and conditions
of this TOS (which is a mandatory condition) to commence using the Game “GUNROX”
(hereinafter referred to as the "Game"), disposed in the Internet
at the address: www.gunrox.com and also to referring to the present Game accompanying
informational and entertaining resources (collectively the Game and informational
and entertaining resources, hereinafter referred to as the "Project").
Any materials placed on the domain name gunrox.com comprise the Project.
The present TOS may be updated by the Company at any time without prior notice.
The current version of the TOS is disposed at the address: www.gunrox.com/guide/terms/
By accepting the terms and conditions of this TOS, the User confirms that
he has come to 18 years of age, he is capable and competent to conclude this
TOS, that according to the laws of his state, the User does not have any prohibitions
and limitations for obtaining the game services on-line.
By this the User is notified that the systematic long (continuous) staying
at the personal computer can cause different physical complications including
amblyopia, scoliosis, various forms of neurosis and other negative influences
for the body. The User guarantees that he will use the Project only during the
reasonable period of time with breaks for rest and other activities for preventive
care of physical condition if they are recommended and prescribed to the User.
The User warrants that equipment and communication facilities used by him,
including communication operator's services used by the User are adequate and
operable for participation in the Project.
The exclusive rights of the developers and owners of the Project disposed
at www.gunrox.com are beneficially owned by the Company Enkord Ltd and are
protected by the Ukrainian law and the Rules of international law on intellectual
property protection and copyright. This TOS has been developed specially for
the Project “GUNROX”. Any distribution of the text of this TOS or
parts hereof may not be effected unless there is available Company's consent
in writing.
1. General provisions
1.1. The Company provides the User with access to the Project without charging
the transmission fee. The User shall himself at his own expense pay up the Internet
access.
1.2. The obtaining of additional (paid) services of the Project doesn’t
release Users from observation the present TOS or the Rules of the Project.
1.3. "User" is any person having been given access to the Project
according to the present TOS, using the materials placed on the domain name
gunrox.com in private manner only for private non-commercial purposes.
1.4. All names, property rights and intellectual property rights in the Project
and to the Project (including without exception any names, software (computer
program and any files), databases, any text, photographic images, images, graphics
as well as any data in visual, audio or audiovisual or other form, themes, characters,
names of characters, stories, dialogue, popular phrases, places of location,
illustrative material, material values of characters, structural and landscape
designs, things (objects), and any documentation referring to this) is the property
of the Company and is licensed by the Company Enkord.
2. Subject of the Terms of Service
2.1. According to the terms and conditions of this TOS the Company grants
to the User the possibility to use the Project "GUNROX" around the
clock except the period of maintenance and other circumstances preventing the
User from access to the Project arising not through Company's fault.
2.2. The User undertakes to observe the terms and conditions of this TOS.
2.3. In case of any User’s violation of this TOS or the Laws/Rules of
the Project the User may be refused to have the access to services of the Project
or the providing of such services may be limited completely or partially. The
User also consents that the Company is not responsible for any modification,
limitation or shutting-off the User access to the Project.
3. Rights and obligations of the User
3.1. Rights of the User
3.1.1. The User has the right to use the Project only for non-commercial personal
purposes.
3.1.2. At registration the User selects a login and a password which will make
it possible to identify the User among other users of the Project.
3.1.3. The User has the right to change his password. At the same time the User
is bound to provide himself non-disclosure (secret) of his password and other
necessary data and accordingly is responsible for integrity and non-disclosure
of his password as well as for all risks (losses) connected therewith.
3.1.4. The User has the right to register only one character. The User does
not have the right to pass his registration (login and password) to the third
person as well as does not have the right to obtain it from the third person.
3.1.5. The User may send claims and proposals connected with the use of the
Project to the address: support@enkord.com.
3.2. Obligations of the User
3.2.1. On request of the Company the User is bound to advise the reliable,
complete and update information about him permitting to identify him among other
Users. If after the registration this information will be changed, the User
is obliged to renew it as soon as possible. Any personal User’s information
is requested by the Company only for the purpose to carry out the TOS and in
no circumstances it is passed to the third parties if only as for the purpose
to carry out the TOS or according to the legislation demands.
Persons not having come to 18 years of age shall be bound to coordinate use
of the Project with their lawful representatives (parents, custodians, etc.);
in addition to this other actions to confirm the age may be necessary.
If you consider that privacy statement regarding the personal information derogates
you somehow or other, please state your thoughts to the address: support@enkord.com.
3.2.2. The User does not have the right:
- to use software errors and is bound to report the same immediately to the
address: support@enkord.com,
- to intrude into the software code,
- to obtain unauthorized access to the computer system, access to the database
of the Users of the Project.
3.2.3. The User shall be bound to treat with respect other users of the Project
as well as not to use the Project for:
- uploading, sending, transmitting or any other way of disposition of the content
which is unlawful, harmful, threatening, slanderous, injures morality, infringe
copyright, propagandizes hatred and/or race, nation, sexual, religious, social
discrimination, contains affronts to certain persons or organizations;
-infringing the rights of minors and/or causing of any harm to them;
-impairment of minorities’ rights;
-pretending to be another person or a representative of some organization and/or
community without having sufficient rights for it, including pretending to be
an employee of Enkord Ltd, a moderator of a forum, the owner of the site as
well as misinforming regarding features and characteristics of some persons
or objects;
-uploading, sending, transfer or any other way of disposition of the content
which you do not have a right to make available under the Ukrainian law or under
any contractual relationships;
- uploading, sending, transmitting or any other way of disposition of the content
which infringes any patent, trademark, trade secret, copyright or other proprietary
rights and/or copyrights and adjacent rights of the third party thereof;
- uploading, sending, transmitting or any other way of disposition of advertising
information which was not authorized by a special way, spam (including spamdexing),
lists of addresses of other persons’ e-mails, «pyramid schemes»,
multi-level (network) marketing (MLM), system of earning in the Internet and
e-mail business, etc.
- uploading, sending, transmitting or any other way of disposition of any material
which contains viruses or any other computer code, files and programs designed
to interrupt, destroy or limit the functionality of any computer or telecommunication
equipment or programs, for performing unauthorized access as well as serial
numbers for commercial program products and programs for their generation, logins,
passwords and other means for obtaining unauthorized access to the paid recourses
in the Internet, as well as for disposition of references to the above-mentioned
information;
-intended violation of Ukrainian legislation or the Rules of international law;
-collection and storage of other users’ data;
-derangement of normal running of the site «GUNROX»;
-application of any forms and ways of unauthorized representation of other persons
in the network;
-disposition of references for network recourses the content of which contradicts
Ukrainian legislation;
-assistance of actions aimed to infringe limitations and bans put by this TOS.
3.2.4. The User is prohibited to copy, reproduce, distribute and translate into
other languages any component of the Project, to carry out cracking of the technology,
to take out the initial code, to modify, to disassemble, to decompile, or to
create derived objects based on the Project, to include any material of the
Project into the basis of his own developments. The User accepts and agrees
that any material and all necessary programs connected with the Project "GUNROX»
are protected by intellectual property laws of Ukraine and other international
laws and the material (Company’s intellectual property comprising the
Project) provided to the User when using the Project "GUNROX" is protected
by copyright, trademarks, patents and other appropriate laws. The User doesn’t
have the right to modify, sell or distribute this material of the Project and
programs in whole or in parts. The Company confers to the User a nonexclusive
and non-transferable right to use personally the material of the Project and
software which comprise the Project "GUNROX" according to the Rules
of the Project providing that neither User nor any other persons with the assistance
of the User will copy or modify the material and software; to create programs
which are derived from software; to penetrate into software to obtain program
codes; to sell, to cede, to give in rent, to pass to the third parties in any
other form of rights regarding the material of the Project and software of the
Project as well as to modify the service including with the purpose to obtain
unauthorized access to it.
3.2.5. The User agrees that in case of his violation of the obligations the
Company shall have the right at any time to apply sanctions to him implying
ban on his use of the Project or apply to him any other disciplinary actions:
warning, temporary blocking of the Project use, claim for damage and other actions.
4. Company rights and responsibilities
4.1. The Company undertakes not to disclose on purpose personal information
about the User given when registered to the third parties except in cases allowed
by the Ukrainian law and the Rules of international law, and also not to change
the login and password of the User without his consent.
The Company rules the Project and Game processes at its sole discretion and
determination. In order to collect of statistical data and identify visitors
of the Project the Company can monitor and save the information about IP-addresses
of users to the Project, use cookies disposed at the local terminal of the User.
The User or visitor of the Project agree that the Company has the right to demand,
collect and save personal information of the User, including surname, name,
patronymic, sex, age, address of the registered or actual location, contact
numbers or e-mail addresses, or any other means of electronic communication,
as well as in case the User commands additional (paid) services – payment
requisites of the User. The Company has the right to delete a character or block
it (cease access to it) if there are any reasons to doubt that the information
provided by the User is not full, authentic or up-to-date.
The Company does not distribute among the Users baseless electronic mails or
other messages (spam); in case of receiving of such a message the User should
notify about it to the address: support@enkord.com.
4.2. The Company does not bear any responsibility for any temporary technical
failures and breaks in work of the Project, for temporary failures and breaks
in work of connection links, other similar failures, and also for defects of
the computer which is used by the User to connect to the Internet.
4.5. The Company does not bear any responsibility before Users for the actions
of other Users.
4.6. The Company has the right to delete or change any information reported
by the User to www.gunrox.com without any prior agreement with the representatives
of the Company or any information unforeseen in the TOS or any other agreements
with the Company.
5. Disclaimer of warranties
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
(?) HIS USE OF THE SERVICE IS AT HIS SOLE RISK. THE SERVICE IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OF THE PROJECT,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) THE COMPANY MAKES NO WARRANTY THAT
(1) THE SERVICE WILL MEET YOU REQUIREMENTS,
(2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OF THE PROJECT
WILL BE ACCURATE OR RELIABLE,
(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL, PERCHASED
OR OBTAINED BY YOU THROUGH USING OF THE PROJECT, WILL MEET YOUR EXPECTATIONS,
(5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROJECT
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY SHALL CREATE ANY WARRANTY
NOT EXPRESLY STATED IN THE TOS.
6. Liability limit
THE USER EXPRESLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE UNABILITY TO USE THE PROJECT “GUNROX”;
(ii) CHANGING OF THE CONDITIONS OF THE TOS, OBTAINING THE DATA INSTEAD OF THE
ACQUIRED BY MEANS OF SERVICES OR AS A RESULT OF MAKING BARGAINS, MESSAGES AND
INFORMATION RECEIVED BY MEANS OF THE PROJECT;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROJECT;
(v) ANY OTHER MATTER RELATING TO THE SERVICES OF THE PROJECT “GUNROX”.
7. Special conditions
7.1. The Company reserves the right to delete from its own servers any information
or materials which seem to the Company unacceptable, undesirable or violating
the TOS.
7.2. The Company has the right unilaterally and at any time to limit, extend
or change the quality of the services without any prior notification to the
User.
7.3. The Company has the right unilaterally and at any time to change the conditions
of the TOS and accordingly input the changes to this page. When using the service
of the Project “GUNROX” the User agrees that all changes to the
TOS apply to him of the moment of publication at this page. The User is to visit
regularly this page in order to get acquainted with the up-to-date provisions
of the TOS.
7.4. The present TOS is subject to the Ukrainian law and the Rules of international
law. All disputes which may arise out of the TOS will be settled by means of
negotiations. If the Parties do not come to an agreement, the matter is to be
submitted for settlement to the relevant legal body determined by the Ukrainian
law unless otherwise stipulated by the Rules of international law.
7.5. Offered goods and services are not provided on order of a person or company,
who runs WebMoney Transfer System. We are an independent entity providing services
and making decisions about pricing and offers ourselves. Companies, running WebMoney
Transfer System do not receive any commission, interest fees or any other
awards/refunds for the provided goods or services and are not liable for our activities.
Verification done by WebMoney Transfer System only confirms the accuracy of our
contact details and prove the identity. Verification is performed on our own intention
and doesn't mean or show our connection with WebMoney System operators sales.
8. Effective date and term of the TOS
8.1. The present TOS comes into effect when accepted by the User by choosing
and entering a command option “agree” (or any other similar option).
The User agrees that his choice of the abovementioned option means that the
User got acquainted preliminary and in full with the conditions of the TOS and
that the User accepts them without any exclusion.
8.2. The TOS is concluded for an indefinite term.
8.3. The User may terminate the TOS at any time by stopping to use the Project.
The Company may at any time terminate the TOS by any cause or without cause.
On the termination of the TOS by any cause or without cause, all the rights
provided to the User according to the present TOS terminate.
8.4. The Company has the right to refuse unilaterally the present TOS and terminate
the providing of the services for using the Project without compensation for
damages.
8.5. All changes, additions and appendices to the TOS or other information are
integral parts of the TOS and are obligatory for execution of the date of publication
at the Project site “GUNROX”, unless otherwise stipulated by the
Company.
THE START OF USING THE PROJECT MEANS ABSOLUTE CONSENT AND ACCEPTANCE OF CONDITIONS
AND TERMS BY THE USER REGARDING THE PROVISIONS OF THE PRESENT TOS.
Contacts:
Enkord Ltd.
Ekskavatorna 16, 2
08300 Boryspil
Ukraine
