UAB "Marilana", hereinafter referred to as the Operator, offers to conclude the current User Agreement (Contract offer), hereinafter referred to as the Agreement, according to the conditions given below with a physical person, hereinafter referred to as the User, who has agreed to the terms of the current Agreement and registered properly in accordance with paragraphs 4.2, 4.3, 4.4 of the current Agreement.
The current Agreement regulates relationships between the Operator and the User. Stated relationships concern services of the multiplayer economic game Virtonomics (hereinafter the Game) with unlimited number of players located on the website http://virtonomics.com and other domains, belonging to the Operator as intellectual property (rights reserved), as well as on the sub-domains (hereinafter "the Game Sites") on the Internet.
By accepting the terms of the present Agreement the User shows that he/she agrees to all its conditions. The user’s agreement to the terms of the present Agreement is a compulsory condition to start playing the Game, register as a Game member and use any free of charge and paid services provided by the Operator and offered to the User in the Game.
By accepting the terms of the current Agreement the User confirms that he/she has competence and legal capacity, and has the right to sign the current Agreement. The text of the current Agreement can be modified by the Operator without any special notification of the User by means of publishing relevant version of the Agreement on the Game Sites.
1. Copyright and intellectual property
1.1. The rights of creators and owners of the Game belong to the Operator as intellectual property (rights reserved) and are protected by the laws of intellectual property and copyright protection. This protection concerns game rules, texts, pictures (photos, images, graphics), program codes and other objects of the copyright.
1.2. The Operator has the exclusive right to create derivative program products (works) based on the game of Virtonomics. Any kind of derivative program products (works) based on the game of Virtonomics can not be produced without a special prior written permission of the Operator, including (but not limited to):
- Reproduction, modification, distribution, publishing and translation into other languages of any Game component and/or the whole Game;
- Adding new components to the Game;
- Creation of derivative programs based on the Game software;
- Sale, rent, conceding or passing to other people in any other form of rights concerning Game materials and Game software.
1.3. The Operator has the right to delegate the temporary rights to use the Virtonomics Games, as well as the sale of any of its services to any other partner companies at its own discretion, without prior notice to users.
1.4. Besides, the User has no right to:
- Use software errors, and is obliged to inform the Operator immediately in case he/she finds any;
- To change the game program code;
- Make any modifications to the service in order to gain unauthorized access to the computer system;
- Hack and steal Logins of other Users;
- Spread links to the websites, that can cause malfunctions in computer operation or are aimed at illegal access to other Users' Logins;
- Perform emulation of the Game protocol;
- Perform any actions aimed at the Game damaging (including safety of equipment, software and database belonging to the Operator).
2. General terms and conditions
2.1. Virtonomics is a game located on the Internet at http://virtonomics.com and other domains belonging to the Operator as intellectual property.
2.2. In accordance with the present Agreement, the Operator provides following services to the User:
- 2.2.1. Access to the game server of the Virtonomics economics game and to the game process;
- 2.2.2. Access to the information resources of the Game; 2.2.3. Access to other services and activities of the Game.
2.3. We consider the service of acquiring game points or bonus game currency virts to be provided at the moment of game points or virts are transferred to the asset of players character in the Game.
2.4. Acquiring game points (or other paid services) or bonus game currency virts does not provide you with a guarantee of received game advantages to be preserved during the whole process of user participation in the Game.
2.4.1. Bonus game currency virts stored on the user’s account can be converted into Virtonomics tokens (VICoin) according to the following exchange rate: 100 virts = 1 VICoin, after the successful ICO procedure by Virtonomics (Initial Coin Offering). Minimum number of virts for aforementioned conversion is no less than 100 virts.
2.5. Descriptions of the Game, Game rules, Game laws and other informational documents are located in the corresponding sections of the Game Sites. They are an integral part of the present Agreement and are obligatory for the User to follow. The present Agreement does not include the content published by the administration of the Game on the game forums of the Game Sites.
2.6. The User himself/herself and from his/her own funds pays for the software of his/her PC and access to the Internet.
3. The subject of the Agreement
3.1. Starting from the moment of acceptance of the present Agreement, the User is obliged to honor all the Agreement conditions.
3.2. According to the terms of the present Agreement, the Operator provides the User with the possibility of using the Virtonomics online game in accordance with the rules of the Game during 24 hours, except for the time of service maintenance and other circumstances hampering the access of the User to the Game caused by the fault of the Operator. The Operator has the right to change the mode and schedule of the Game operating, as well as provision of free and paid services.
3.3. The price of the paid services is set by the Operator at the moment of their sale to the User and can be adjusted by the Operator at any time.
3.4. The Operator has the right to change the Game rules, service conditions and/or services themselves at any time. The Operator can change the price of paid services, or turn free services into paid services. In this case the Operator notifies the User by means of publishing corresponding information on the Game Sites.
3.5. It is not possible to use services partially. The User who has used a part of provided service is considered to have used the whole service, and therefore does not have the right to ask for any compensation for the remaining part of the service.
3.6. In case the User violates the current Agreement (including Game Rules and Laws), the Operator can forbid this User to use the Game and/or apply sanctions, including (but not limited to): warning, temporary blocking of the User’s login, deletion of the User’s login without the possibility of recovery, request to refund expenses and other actions.
3.7. Upon the decision of the Operator, the sanctions can be applied to any User regardless of whether he/she has used any paid services or plays for free. The money received as payment for additional services from the User whose account is blocked or deleted are not refunded.
4. Rights and obligations of the User.
4.1. The User has the right to use the Game for non-commercial private purposes only, in accordance with the Game rules.
4.2. The User must register: fill in the registration form, give his/her consent to the terms of the user Agreement.
4.3. The User agrees to provide true, exact and complete information about himself/herself by answering the questions from the registration form, and keep this information up to date.
4.4. At registration the User must choose his/her login and password, which are required for the User’s identification among other users of the Game. The Operator has the right to forbid certain Logins and/or withdraw them from circulation.
4.5. The User is obliged to secure non-disclosure (secret) of his/her password and other necessary data by himself/herself. The User is responsible for the security and safety of his/her login and password, as well as for all related risks and expenses.
4.6. The User can send his/her complaints, notices, offers and wishes concerning the Game in written form to the e-mail of the Operator specified on the Game Sites.
4.7. Each User has the right to leave the Game voluntarily and at any time, on any grounds which are reasonable for him/her.
4.8. Upon the Operator's request the User is obliged to provide true information about himself/herself which would allow to identify the owner of the login.
4.9. The User is obliged to contact the Operator if his/her password and/or login have been hacked.
4.10. The User is obliged to treat other players and Operator's representatives in a respectful and correct manner, i.e.:
- Not to use offensive words, not to threaten with violence and physical harm in the real world;
- Not to distribute any materials promoting or expressing intolerance or hatred against any kind of religion, culture, nation, race, people, language, policy, ideology or social activity;
- Not to advertise porno-sites, drugs and resources which contain information of this kind, and not to commit any similar actions.
4.11. The User has no right to restrict access of other users to the Game or hinder other Users from using the Game.
5. Rights and obligations of the Operator
5.1. The Operator is obliged not to intentionally disclose information about the User, which was provided at registration, to third parties, except for the cases specified by the law, and not to change User's login and password without his/her permission.
5.2. The Operator does not guarantee trouble-free operation of the Game and is not responsible for any temporary technical failures and intermissions in operation of the Game or communication lines, or similar failures, nor for malfunctions of the computer which the User uses to connect to the Internet.
5.3. The operator is not responsible for any expenses born by the User as a result of his/her decision to use or not to use the information about the Game.
5.4. The Operator has the right to abridge User's game account unilaterally in case of revealing his/her bad faith which has lead to an unjustified increase of his/her game account.
5.5. The Operator is not responsible to the User for any activity of other users.
5.6. The Operator has the right to restrict or forbid (in any way which is not inconsistent with the law; at his/her own discretion and without explanation) Users’ access to the Game if they violate the current Agreement or the Game rules.
5.7. At the moment of accepting the current Agreement the User agrees to receive e-mails which the Operator has the right to send him/her. The e-mails include various information (including but not limited to: news, notifications, reminders, warnings, system messages) and are sent to the e-mail address specified in the User's Registration form. The Operator has the right to use any other way of providing information to the User (including an SMS confirming that the service requested by the User has been provided by the Operator) if it is conditioned by the specific settings of the payment service chosen by the User.
6. Pricing, Payments, Refunds
6.1. All additional in-game services, features and benefits are listed on “V-Store”. The price of each service, feature or benefit is stated in game points and is subject to change by the Operator without notice.
6.2. Game points can be purchased by the User at “V-Store/Buy Game Points” and paid via online payment providers presented therein, such as VISA/MC debit or credit cards, PayPal and others.
6.3. The price of one game point is equal to one US dollar. The amount to be paid by the User depends on number of game points desired and is displayed in currency chosen by the User. The minimum and maximum quantity of game points can be limited by payment service provider.
6.4. Game points paid by the User are delivered to his/her account immediately upon receipt of confirmation from payment provider and can be further exchanged for additional in-game services, features and benefits.
6.5. Once the game points paid by the User are delivered to his/her account, no refunds will be given.
7. Other conditions
7.1. The Operator does not guarantee that the software of the Game does not contain any errors or will be trouble-free operable; the defects will be eliminated; the service will meet all User's requirements and will be provided continuously, safely, quickly and accurately; the quality of any product, service, information, etc. provided in the Game will comply with the expectations and/or purposes of the User.
7.2. The Operator is not responsible for any expenses or other damage faced by the User as a result of certain actions of third persons, including actions of the Operator's former employees.
7.3. The Operator has the right to delete from his/her servers any information or materials which are, in the opinion of the Operator, not acceptable, undesirable or are violating the current Agreement.
7.4. The Operator has the right to restrict, extend or modify the quality of services at any time, unilaterally and without prior notification of the User. The Operator has the right to modify terms of the present Agreement unilaterally and at any time.
7.5. It is forbidden to use fraud as a payment method in the Game.
7.6. According to the Agreement, Fraud includes SMS not paid for by the Subscribers sent to the Operators by the Subscribers by means of unauthorized access to telecommunication services (access to telecommunication services gained by means of violation of the rules of concession of telecommunication services determined by the telecommunication Operator or (and) by the effective legislation).
7.7. SMS messages recognized as Fraud are not considered when counting the cost of services according to the information provided by the telecommunication operator. The Operator can limit the number of SMS messages from one User within a certain period with the purpose of avoiding Fraud during the purchase and crediting of game points to the User’s account. If the User exceeds the established limit, his/her login (character) in the Game, as well as the company and its assets, get blocked until all the circumstances are clarified, and the Operator and the communication operator decide whether the payments in question are fraud. The procedure of clarifying the circumstances can take from 1 to 3 months.
7.8. The current Agreement comes into force after the User accepts its terms and conditions when registering in the Game. The User agrees that he/she has preliminarily acquainted oneself with all the conditions of the current Agreement and accepts them without any exceptions.
7.9. The Agreement is made for an indeterminate period.
7.10. The Operator has the right to unilaterally repudiate the current Agreement and discontinue rendering services of the Game without preliminary notice.
7.11. The differences caused by the current Agreement are to be solved by means of negotiations. If the differences are not solved in an extra-judicial manner, they are to be solved in an appropriate judicial body.
“Financial Information” means Personal Information of a financial nature, such as amount and currency of payments, payment providers preferred by User etc.
“Personal Information” means information about User that Operator collects from User that may be used to identify User as a specific individual.
“Related Parties" means parties other than User that collaborate with Operator in connection with services that Operator provides.
2. Information Collected
Operator collects information from User whenever the latter visits or uses Website, some of which are provided by User voluntarily and some of which is collected automatically. The information that User provides to Operator includes Personal Information as well as User’s responses, decisions, and other actions during participating in the Game, provided by Operator.
Operator also may receive information about User from third parties, whenever User signs in to Website using his/her third party credentials. Operator collects other information to the extent that User has agreed may be provided by that third party, such as username, name, e-mail address etc. Operator collects this information so that it can be used for the purposes explained in this Policy.
Operator stores all Personal Information collected from User in its own database, implements and maintains reasonable security practices to protect Personal Information against the unauthorized access, use, modification, destruction or disclosure.
3. Use of Personal Information
Operator does not sell, rent or lease User’s Personal Information to others. Operator may collect, use, and disclose Personal Information for the following purposes:
(a) to authenticate your login into the Game,
(b) to provide User services, related to his participating in the Game,
(c) to respond to User’s inquiries and provide customer support,
(d) to enquire User’s opinion and assessment of Website and the Game performance,
(e) to inform Users about new products and services, promotion and marketing events, other opportunities and features being offered by Operator,
(f) to analyze how Website, products and services are being accessed and used by Users,
(g) to prevent misuse of Websites and the Game by Users,
(h) to obtain and process payments for subscription and services,
(i) to maintain business records,
(j) in some other cases as may be compelled by law.
4. Use of Financial Information
User’s Financial Information will be used to provide requested services, to analyze operational and business results. It will never be sold, rented, or otherwise transferred to anyone for any other purpose.
Operator uses the services of a third-party service providers to process online payments. Therefore, Operator itself will not collect, store and use in any way the information of User’s credit or debit cards numbers, terms of expiration etc, nor account numbers maintained by User with banks or other financial entities.
5. Internet Technologies Used
Cookies, pixel tags, and other relevant internet technologies are used on Website to collect information, to save User’s login information for future logins to Website, to enable certain features of Website as well as those of services and the Game, to better understand how Users interact with Website and to monitor aggregate usage and web traffic routing on the Website.
Cookies reside in User’s computer and browser and can be removed by User on his/her sole discretion. If User desire to remove such technologies he/she may do so, but this may cause problems in use of Website and the Game.
6. Other Websites
In order to facilitate easy and prompt access to Related parties’ websites (e.g. www.virtonomica.ru, www.simformer.com) Operator will automatically submit User’s Personal Information such as username and e-mail address.
Operator’s Website may contain links to other websites. Some of them may collect User’s Personal Information and may apply their own policies on how Personal Information is used. Operator is not responsible for the privacy practices and security measures of anyone else’s websites.
1. The Confidential information given by one of the Parties (further in this Chapter – “Disclosing party”) has to be used by the other Party (further in this Chapter – “Receiving party”) exclusively for the purposes of the execution of the Contract (further in this section – “Authorized purposes”) and can be disclosed to third persons only in concordance with the Contract.
2. For the purposes of the Contract the term “Confidential information” includes the conditions of the Contract and all the information given to the Receiving party and/or their affiliated persons by the Disclosing party and/or their affiliated persons in connection with the Contract in writing on paper, magnetic, electronic and other material carriers.
3. The Confidential information does not include (angel) data which cannot be commercial classified information, (beer) data which can be commercial classified information, but has become public, (coffee) data which is to be disclosed according to the legislation, (d) information and data which has become known to the Party following the independent investigation, observations and developments without the access to the Confidential information, (e) data which has become known to the Receiving party in a legal way.
4. The Receiving party is obligated to take measures to keep the Confidential information secret and to provide the necessary protection for this information, including:
to provide the access to the Confidential information for the limited number of their employees and for the employees of their affiliated persons who directly use the Confidential information in order to discharge their duties;
not to copy the received documentation and other materials which contain the Confidential information in the amount which exceeds the usual necessity, and, according to the choice of the Disclosing party, destroy (in the presence of a representative of the Disclosing party) or give copies to the Disclosing party when there is no further necessity to use them;
not to disclose or divulge such information to any third person without a prior direct written consent of the Disclosing party, apart from the cases of forced disclosure due to a regulatory requirement of the authorized state structures in the amount and in cases directly provided for by the effective legislation.
5. In case of disclosure of the Confidential information according to the paragraphs 11.1 and 11.3 of the Contract the Receiving party undertakes to inform the above-listed persons about the confidential nature of the Confidential information, to properly provide the observance by them of the confidentiality arrangements in the case of such information according to the Contract.
6. Each Party is to take reasonable measures for the purpose of protection of the confidentiality of the Confidential information of the other party and is to act with circumspection to the same degree that can be applied to protection of their own confidential information of similar nature, which implies at least reasonable degree of circumspection.
7. The Confidential information provided according to the conditions of the Contract, including all records, summaries or extracts from the Confidential information, is to be given back or, accordingly, passed to the Disclosing party, or destroyed in the presence of their representative on the expiry of its use for the Authorized purposes or at the request of the Disclosing party without any delay.
OPERATOR and PARTNERS INFO
Company: UAB Marilana. Lithuania, Vilnius, Konstitucijos pr. 12
Simformer Inc. 2711 Centerville Road, Suite 400, Wilmington of New Castle, 19808
Paviran LP. OFFICE 29 CLIFTON HOUSE FITZWILLIAM STREET LOWER DUBLIN 2, Dublin, Ireland