1.1. Present User's Agreement (hereinafter referred to as "Agreement")
regulates the order and terms of rendering of service by the site coin-birds.com,
hereinafter referred to as "Coordinator", and is addressed to an
individual who desires to get service from the stated site (hereinafter
referred to as "Participant".)
1.2. To start getting the service a participant accepts all the rules of
the present agreement fully and unconditionally and if you do not agree
with any of the terms of the present agreement, the coordinator advises
you to disclaim using the service.
1.3. The coordinator and the participant accept the order and form of
concluding of the present agreement as equivalent in legal validity to
an agreement made in a written form.
1.4. Administration of coin-birds.com reserves the right to make any
changes and additions to the User's agreement and to the site without
noticing the users.
2.1 Terms and definitions.
Game is an activity aimed at satisfying a person's needs in
entertainment, pleasure, stress relieving and also at the development of
specified skills in the form of free self-expression which doesn't
concern achieving utilitarian aims and which bring gladness per se.
Playing ground is a hardware-software complex located in the global network Internet aimed for organizing of leisure time.
Game "coin-birds.com" is an
on-line game - isolated and unique name of the playing ground owned by
the coordinator and located at the addresses on the Internet coin-birds.com,
on which the Coordinator provides the service for the participant in
organizing his/her leisure time in the order and on terms stated in the
present agreement.
Game inventory is a conditional playing units which are called "gold"
for playing the game, the place of accounting and storing of which is
game account of the participant in a computer in the format of
accounting system of the playing ground "coin-birds.com".
Game account is a virtual account of the participant of the game which
is provided by the coordinator to every participant on the playing
ground for accounting the game inventory (gold coins, gold bars and
crystals).
3.1. The subject of the present Agreement is providing service by the
Coordinator for the Participant to organize leisure time in the game "coin-birds.com"
according to the terms of the present Agreement. Under such service,
particularly, the following ones are meant: service at buying - selling
game inventory, accounting significant information: actions on the game
account, providing arrangements for identification and security of the
participants, development software which is integrated in the playing
ground and external appliances, informational and other service
necessary for organizing the game and providing service for the
participant during the game on the playing ground of the coordinator.
3.2. The game in general as all it's elements and any other conjugate
external playing appliances are made solely for entertaining. The
participant admits that all activities in the game on the playing ground
are entertainment. The participant agrees that according to the
characteristics of the account his/her extent of involving in the game
will be accessible in different degree.
3.3. The participant agrees that he/she is personally responsible for
all the actions done with the game inventory (gold coins, gold bars and
crystals): buying, selling, input and output and also for any actions on
the playing ground: creating, buying-selling, operations with all
playing objects and other game attributes and objects used for the
playing process.
3.4. The participant agrees that extent and possibility of participating
in entertainment on the server of the Game are the main characteristics
of the rendered service.
Rights and duties of the sides.
4.1 Rights and duties of the Participant.
4.1.1. Only those people can take part in the game "coin-birds.com"
who have reached legal ability according to the law of their countries.
All consequences of non-compliance with the term are entrusted to the
participant.
4.1.2. Extend and way of participating in the game are decided on the
participant him/herself but can't contradict the present Agreement and
the rules of the playing ground.
4.1.3. The participant is obliged:
4.1.3.1. to input the data about him/herself at registration truthfully
and at the very first demand of the Coordinator provide with trustworthy
data about the personality which allow to identify him/her as the owner
of the account;
4.1.3.2. not to use the game for making any actions which contradict the
international law and the law of the country - residence of the
Participant;
4.1.3.3. not to use undocumented features (bugs) and mistakes of the
software and immediately inform the Coordinator about them and also
about people who make use of these mistakes;
4.1.3.4. not to use external programs of any kind for scoring an advantage in the game;
4.1.3.5. not to use for advertising of your partner link, mail
distribution and other kinds of massages to people who didn't agree to
get them (spam);
4.1.3.6. not to restrict the access of other participants and people to
the Game, treat other players, the Coordinator and his partners and
staff respectfully, not to make any obstacles in their work;
4.1.3.7. not to cheat on the Coordinator and other;
4.1.3.8. not to use offensive language and abuses in any form;
4.1.3.9. not to discredit actions of other players and the Coordinator;
4.1.3.10. not to threaten anybody with violence;
4.1.3.11. not to distribute materials promoting disapproval or hate
towards any race, religion, nation, language, politics, country,
ideology or social movement;
4.1.3.12. not to advertise pornography, drugs or resources containing such information;
4.1.3.13. not to use any actions, terminology or slang for conceiving the breaching of the participant's duties;
4.1.3.14. to take his/her own care about necessary computer and another
kind of safety, to keep in secret and not to give another person or
another participant his/her confidential data: login, account's
password, not to admit unauthorized access to the email stated in the
participant's profile. The participant carries the whole risk of
unfavourable consequences of disclosing the data as the participant
agrees that the information safety system of the playing ground excludes
transferring the participant's data to strangers;
4.1.3.15. to be personally responsible for accounting his/her own
operations. The Coordinator is not responsible for performed actions
(transfer of game inventory and all other game attributes) between
players;
4.1.3.16. to inform firstly the Coordinator about any complaints in a written form through the page «Support»;
4.1.3.17. to get informed with the game news and with the changes in the
present Agreement and the rules on the playing ground regularly and by
his/herself/ The user is obliged to read the User's agreement and
description of functions and services not rarely than once a week
ATTENTIVELY (they can be changed and supplemented - see pt. 1.5), as not
knowing the rules doesn't relieve the user of responsibility.
4.1.3.18. not to create supplement accounts with the purpose of gaining
more referral rewards. Such actions will cause blocking of an account or
setting the balance to zero.
4.2 Rights and duties of the Coordinator.
4.2.1. The Coordinator is obliged:
4.2.1.1. to ensure without payment access of the Participant to the
playing ground and to participation in the game. The participant pays
for the Internet access and other expenses connected with it by
him/herself;
4.2.1.2. to account the game inventory (gold coins, gold bars and crystals) at the Participant's account;
4.2.1.3. to regularly improve the hardware and software complex but the
Coordinator doesn't guarantee that the game's software doesn't have any
mistakes and the hardware won't overstep the working parameters and will
be working uninterruptedly;
4.2.1.4. to comply with the privacy policy with regard to the
Participant's personal data in the order of pt. 6 of the present
agreement;
4.2.1.5. Order of payoffs by the user is restricted by availability of crystals on the account. 1 crystal gives the right to withdraw 1 USD (or other user's account currency).
Crystals are credited for replenishment of the gold coins account:
- your replenishments of the account (40% of the paid sum);
- replenishment of the account by a referral of the 1st level - 20% of the paid sum;
- replenishment of the account by a referral of the 2nd level - 5% of the paid sum;
4.2.1.6. Any person legally owning the game inventory (gold bars and
crystals) is paid with the sum conditioned by the set cost (gold bars
and crystals) after deduction of the operational sum;
4.2.2. The coordinator has right:
4.2.2.1. to render the participant additional paid services the list of
which and also the order and terms of their using are clarified by the
present agreement, rules of the playing ground and other announcements
of the Coordinator. Also the Coordinator has the right to change the
amount of suggested paid services at any time, their cost, name, kind
and effect of the usage;
4.2.2.2. to suspend the functioning of the present agreement and disable
the participant of playing the game during the inquiry of suspecting
the Participant in breaching the agreement and the rules of the playing
ground;
4.2.2.3. to exclude the participant from the game if the Coordinator
ascertains that the participant has breached the present agreement or
the rules established on the playing ground in the order of pt 5.10 of
the present agreement;
4.2.2.4. to break off the serving partly or totally without noticing the
participant at making reconstructions, repair and preventive works on
the playing ground;
4.2.2.5. The Coordinator is not responsible for wrong functioning of the
software of the game. The participant uses the software according to
the rule "AS IS". If the Coordinator ascertains that during the game
there is a failure in the work of the ground then the results of the
incorrect work of the software can be nullified or corrected by the
Coordinator. The participant agrees not to appeal to the Coordinator on
the subject of quality, quantity, order and time-frames of the rendering
playing services;
4.2.2.6. to change the rate of the game inventory unilaterally.
Guarantees and responsibilities.
5.1. The Coordinator doesn't guarantee continuous access to the playing
ground and the services in case of technical failures and/or unforeseen
circumstances such as inadequate work or non functioning of
Internet-providers, servers of information, bank and paying systems and
illegal actions of other people. The Coordinator will exert himself not
to allow any failures but is not responsible for temporary technical
failures and outages in the Game no matter the reasons of the failures.
5.2 The Participant agrees that the Coordinator may not be responsible
for the Participant's losses which occurred because of illegal action of
other people which were aimed to malfunction the security system of
electronics and database of the game or because of any irregularities
not dependant of the Coordinator, halt or stopping of the channels work
and telecommunications used to cooperate with the Participant, and also
because of illegal and invalid actions pf payment systems and other
people.
5.3. The Coordinator isn't responsible for the losses which are results
of using or not using by the Participant information about the game, the
game rules and the Game itself and is not responsible for losses and
damage which is result of the unqualified actions of the Participant or
not knowing the rules or his/her mistakes in accounting.
5.4. The participant agrees that he/she uses the playing ground on
hos/her own free will and on his/her own risk. The Coordinator doesn't
give the Participant any guarantees that he/she will get any profit out
of playing. The extent of playing the game is determined by the
Participant him/herself.
5.5. The Coordinator is not responsible to the Participant for the actions of other players.
5.6. In case of appearing any argues on the playing ground the
Coordinator's decision is definitive and the Participant totally agrees
with it. All argues which arise because of the present agreement or are
connected with it should be solved by negotiations. In case of
impossibility of solving the problem arisen because of the present
Agreement by negotiating should be solved according to the current
legislation.
5.7. The Coordinator isn't responsible for the Participant taxes. The
Participant promises to include possible profit in the tax statement
according to the legislation of the country of residence.
5.8. The Coordinator can make changes to the present Agreement, rules of
the playing ground and other documents unilaterally. In case of making
any changes to the documents the Coordinator allocates the latest
versions of the documents on the site of the playing ground. All the
changes come into effect from the moment of their allocating. The
Participant had right to abrogate the present agreement during 3 days if
he/she doesn't agree to the changes. In this case abrogating of the
Agreement is being made according to the pt. 5.9 of the present
agreement. The Participant is vested with the function to visit the
official site of the Game regularly to become familiar with the official
documents and news.
5.9. The Participant has right to allocate the present Agreement
unilaterally without saving the game account. In this case all the
expenses connected with participating in the Game are not compensated or
returned. The game inventory (gold coins, gold bars and crystals) which
are at the Participant's account are not being returned or compensated.
5.10. The Coordinator has right to allocate the present Agreement
unilaterally and also make other actions which restrict the
possibilities in the Game of a participant or a group of participants
who are accessories to ascertained breaches of the present Agreement. In
this case all the attributes, the game inventory (gold bars and
crystals) which are on the account and the game account of the
participant or the group of participants and all the expenses are not
being returned.
5.11. The Coordinator and the Participant are released from
responsibility in case of acts of God to the list of which the following
ones are attributed: natural disasters, wars, fires, floods,
explosions, terrorism, riots, civil disorders, acts of the government,
hackers attacks lack or failure of electricity, Internet providers,
telecommunications and services. The side that has such circumstances
should inform the other side within the reasonable time and in the
available way.
Confidentiality.
6.1. The privacy rule applies to the information which the Coordinator
can get about the Participant during his/her being on the Game site and
which can be related to the particular user. The Coordinator
automatically gets and logs to the server technical information from
your browser: IP address, the address of the requested page, etc. The
Coordinator can log "cookies" on the user's computer and use them later
on. The coordinator guarantee that the stated by the Participant data at
the registration in th Game will be used by the Coordinator only inside
the Game.
6.2. The Coordinator has right to unveil the Participant's personal information only if:
6.2.1. The Participant is willing to unveil this data
6.2.2. Without it the Participant can't use the desiring product or
service, in particular - information about names (nicknames), playing
attributes - can be accessible to other participants;
6.2.3. It's demanded by international legislation and/or bodies of power with complying with the legal procedure;
Other clauses.
7.1. Invalidity of a part or a point of the present Agreement doesn't entail invalidity of all the other parts and points.
7.2. The validity term of the present Agreement is established for the
whole period of working of the playing ground, i.e. for indefinite term
and it doesn't propose the date of term of the present Agreement.
7.3. By registering and being on the playing ground the Participant
agrees that he/she has read, understood and fully accepts the terms of
the present Agreement and also the rules of the Game and other official
documents.
7.4. To get the services of the site the Participant fully accepts all
the terms of the present Agreement. In case of disagreement with any of
the points of the Agreement the Participant is suggested to reject using
the site.
The rendered service in the form of a game is aimed to satisfy the
Participant's needs which he/she by agreeing to the Agreement determines
on his/her own.
The present rules of the game and other data of the site don't have the
aim of the Coordinator to stimulate the Participant's emotions connected
with excitement.
7.5. The Agreement comes into effect from the moment of registration of the Participant in the project.