The present document represents an offer from Overmobile LLC (hereinafter referred to as the Administration) to conclude the Service Agreement for the use of services (hereinafter referred to as the Game) provided by site WarTank (hereinafter referred to as the Portal) under the below-mentioned terms.
1. Using the Game, you agree that:
1.1. You have read and understood the terms of the present Agreement in full volume before using the Game.
1.2. The start of your using the Game in any form shall mean that you accept all the terms of the present Agreement, including the Rules of the Game and Restrictions, which form an integral part of it, in full volume without any withholding or limitations on your part. The use of the Game under other terms is prohibited.
1.3. In case you do not agree with the terms of the present Agreement or if you have no right to conclude it, you should immediately stop any use of the Game.
1.4. The Agreement (including any part of it) can be amended by the Administration without any special notice. The new version of the Agreement shall come into force from the moment of its placement on the Portal unless otherwise is stipulated in the new version of the Agreement.
2. General terms for the use of the Game:
2.1. Legally capable persons over 16 years of age are allowed to be the Game Users.
2.2. The use of separate functional capabilities of the Game is allowed only after the User’s passing the registration on the Portal and also after payment for services.
2.3. Paid services are provided to Users who have concluded a contract with one of the operators providing services of mobile radiotelephony or with a payment agency on the territory of the Russian Federation, the CIS countries or the Baltic States (hereinafter referred to as the Operator.)
2.4. The list of functional capabilities requiring preliminary registration of the User and paid services shall be determined at the sole discretion of the Administration and may be changed from time to time.
2.5. Stating identification data at the time of payment, that are connected with the User’s account who has registered this account, you confirm that you are the User who has registered this account or that you are acting under his instruction and in his interest. Placement of payment on the Game User’s account is made under the terms of the data provided by the Operator.
2.6. Some technical, organizational, financial and commercial terms of the Game usage including its functional capabilities and paid services may be brought to the attention of Users via separate placement on the Portal.
3. The Administration provides the registered User with the possibility:
- To create and control a game character on the Portal;
- To use technical power of the Portal for exchange of game subjects with other Users;
- To use technical power of the Portal to exchange messages with other Users;
- To place messages and read messages from other Users on the forum.
4. Having accepted the present Agreement, you confirm and guarantee that:
4.1. You have all the necessary rights and authorities to conclude and execute the present Agreement;
4.2. You shall use the Game exclusively for the purposes allowed in the present Agreement observing its clauses, including the requirements of the Rules of the Game and Restrictions as well as the requirements of the applicable laws and generally accepted practice;
4.3. You shall not perform any actions that would contradict or hinder the Game provision (or operation of the relative equipment, networks or software that help the Game provision);
4.4. Your usage of the Game with definite purposes shall not violate property and/or personal non-property rights of third persons as well as prohibitions or restrictions established by the applicable laws, including without limitation: copyright and allied rights, trademark rights, service signs and names of places of the products origin, industrial design rights, rights to use images of people living or dead, etc., and that the materials placed by you do not contain information and/or images that would insult human dignity, promote violence, pornography, drugs, racial or national hatred and so on, and that you have obtained all the necessary permissions from authorized persons in connection with the use of materials.
5. Having accepted the present Agreement, you understand and acknowledge that:
5.1. The Game is designed for personal, family, home and other physical persons’ needs not connected with performance of entrepreneurial. The use of the Game with commercial purposes is not allowed.
5.2. The Game is provided under as-is terms and in this connection you will not be provided any guarantees that the Game will meet your requirements; services will be provided uninterruptedly, fast, reliably and without errors; the results that can be received with the use of the Game shall be precise and reliable; quality of any product, service, information and other contents received with the use of the Game shall conform your requirements; all errors in the Game software shall be corrected.
5.3. As the Game is in the stage of constant supplement and upgrade of new functional capabilities, the form and features of provided services may be changed from time to time without any preliminary notification to you. The Administration has the right at its own discretion to stop (temporarily or finally) provision of services (or any separate functions in the framework of services) to all Users as a whole or to you in particular without any preliminary notification to you.
5.4. The Portal design, software and technical support are set up for access via a mobile terminal with the use of radiotelephony (cellular) communications under WAP and/or GPRS protocols, and with access from other gadgets and under other protocols the Game may operate incorrectly.
5.5. The administration shall not be responsible for the quality of connection and the speed of data transfer. All matters with regard to the connection stability, its set-up, the mobile phone settings and other similar technical problems should be addressed to the Operator.
5.6. The cost of WAP/GPRS traffic shall be determined in the agreement with the Operator. The cost of services shall be clarified by the Operator. All financial issues connected with payment for WAP\GPRS traffic shall be resolved with the Operator.
5.7. The Administration is in no way connected with the materials placed by the User on the Portal (hereinafter referred to as the Contents), neither does it check the contents, authenticity and safety of these materials as well as their conformity to the requirements of the applicable law and the User’s having the necessary volume of rights for their use.
5.8. During the use of the Game you may receive the contents that you may regard as containing information of insulting or indecent character and also violating the applicable law and the third persons’ rights.
5.9. The person who has created such content and (or) placed it on the Portal bears all the responsibility for the content information and its conformity with the requirements of the applicable law.
5.10. The Game may contain reference links to other resources, and with this the Administration shall bear no responsibility for availability of these resources, their content and advertisements, as well as for any consequences connected with the use of these resources, their content and advertising.
5.11. You shall bear exclusive responsibility for any violation of your obligations established in the present Agreement and (or) the applicable law, as well as for all the consequences of such violations (including any losses or damage that may be borne by the Game owner and other third persons).
5.12. The Administration reserves the right to remove any content from the Portal without giving any reasons or to temporarily limit the access to them.
5.13. In case of multiple violations by the User of the terms of the present Agreement and/or requirements of the legislation, the Administration reserves the right to totally block the User’s account or any of its services (diaries, site, files archive, etc.).
5.14. In case any claims from third persons arise with regard to violation of any proprietary rights and/or personal non-property rights of third persons as well as prohibitions or restrictions established by the legislation, you will be liable to compensate the Administration’s losses in full volume.
5.15. The Administration shall be relieved from any responsibility in connection with your violations as well as damage or losses caused to you under the above-mentioned circumstances.
5.16. Under any circumstances the liability of the Administration is restricted by 1000 (One Thousand) Rubles and is imposed on it if there is fault in its actions.
6. You agree to receive informational E-mail and text messages from the Portal (hereinafter referred to as notifications) about important events happening with its informational resources within the system framework under the below-mentioned terms.
6.1. The Administration is obliged to use notifications solely for informing the User about the system capabilities and/or amendments in its informational resources.
6.2. The Administration is obliged not to attach to notifications advertisement messages from third persons.
6.3. The Administration shall provide the User with the ability to adjust the frequency of reception of notifications from the Administration up to full a refusal to receive notifications.
7. From the moment of registration the User agrees with automatic procession, use and distribution of his personal data.
8. Other terms:
8.1. The Law of the Russian Federation is applied to the present Agreement and the Parties’ relations.
8.2. All the disputes with regard to the present Agreement and in its connection shall be reviewed by Russian courts in conformity with the general principles of jurisdiction.
8.3. Acknowledgement by the court of any of the present Agreement clauses as invalid or exempt from execution shall not mean invalidity or exemption from execution of other clauses of the Agreement.
8.4. The present document designs a full agreement between the Parties from the moment you accept it under Article 1 of the Agreement and cancels all the previous reached or assumed agreements.
With all the matters connected with execution of the Agreement please contact: office (at) overmobile (dot) ru.
The Administration of the Game and the Project is Overmobile LLC (OOO «Овермобайл»), Russia, State Registration Number ОГРН 1065473077086, Tax Payer ID number/KPP ИНН/КПП 5408245528/540801001.
Legal support of the Portal is provided by a law firm IT-LEX.
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