1.1. Present User’s Agreement (hereinafter referred to as «Agreement») regulates the order and terms of rendering of service be the site smart.best-birds-money.org, 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 smart.best-birds-money.org reserves the right to make any changes and additions to the User’s agreement and to the site without noticing the users.
Terms and definitions.
2.1. 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
2.2. Playing ground is a hardware-software complex located in the global network Internet aimed for organizing of leisure time.
2.3. Game «smart.best-birds-money.org» is an economic on-line game - isolated and unique name of the playing ground owned by the coordinator and located at the addresses on the Internet http://smart.best-birds-money.org, 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.
2.4. Game inventory - is a conditional playing unit which is called «silver» 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 «smart.best-birds-money.org».
2.5. 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 (silver).
The subject of the present Agreement
3.1. The subject of the present Agreement is providing service by the Coordinator for the Participant to organize leisure time in the game «smart.best-birds-money.org» according to the terms of the present Agreement. Under such service, particularly, the following ones are meant: service at buying – selling game inventory (silver), 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 (silver): buying, selling, input and output and also for the 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 «smart.best-birds-money.org» 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:
22.214.171.124. 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;
126.96.36.199. not to use the game for making any actions which contradict the international law and the law of the country – residence of the Participant;
188.8.131.52. 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;
184.108.40.206. not to use external programs of any kind for scoring an advantage in the game;
220.127.116.11. 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);
18.104.22.168. 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;
22.214.171.124. not to cheat on the Coordinator and other;
126.96.36.199. not to use offensive language and abuses in any form;
188.8.131.52. not to discredit actions of other players and the Coordinator;
184.108.40.206. not to threaten anybody with violence;
220.127.116.11. not to distribute materials promoting disapproval or hate towards any race, religion, nation, language, politics, country, ideology or social movement;
18.104.22.168. not to advertise pornography, drugs or resources containing such information;
22.214.171.124. not to use any actions, terminology or slang for conceiving the breaching of the participant’s duties;
126.96.36.199. 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;
188.8.131.52. to be personally responsible for accounting his/her own finances and operations. The Coordinator is not responsible for performed financial actions (transfer of game inventory and game currency and other game attributes) between players;
184.108.40.206. to inform firstly the Coordinator about any complaints in a written form through the page «Help»;
220.127.116.11. 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.
4.2 Rights and duties of the Coordinator.
4.2.1. The Coordinator is obliged:
18.104.22.168. 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;
22.214.171.124. to account the game inventory (silver) at the Participant’s account;
126.96.36.199. 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;
188.8.131.52. to bear financial responsibility for guaranteeing equivalent market value of the game inventory (silver) on the participant’s game account. Market value of the game inventory (silver) is 100 silver = 1 ₽. Getting payoffs by the user is restricted by availability of Cash Points on the account. 1 Cash Point gives the right to withdraw 1 ₽.
Cash Points are credited for:
- Your replenishments of the account (20% of the sum);
- replenishment of the account by a referral of the 1st level, 20% go to the Cash Points;
- replenishment of the account by a referral of the 2nd level, 5% go to the Cash Points;
- replenishment of the account by a referral of the 3d level, 3% go to the Cash Points;
- replenishment of the account by a referral of the 4th level, 2% go to the Cash Points;
- replenishment of the account by a referral of the 5th level, 1% go to the Cash Points;
- replenishment of the account by any player, 1% of the sum is divided between all the players who were active during 12 hours;
184.108.40.206. Any person legally owning the game inventory (silver) is paid with the sum conditioned by the market cost (silver) after deduction of the operational sum.
4.2.2. The coordinator has right:
220.127.116.11. 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;
18.104.22.168. 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;
22.214.171.124. 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;
126.96.36.199. to break off the serving partly or totally without noticing the participant at making reconstructions, repair and preventive works on the playing ground;
188.8.131.52. 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;
184.108.40.206. 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 (silver) which are at the Participant’s account have to be returned in the order stated in pt. 220.127.116.11 of the present Agreement.
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 (silver) 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.
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;
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.
Aiming to exclude abusing (cheating on) the Participant the Coordinator lets the Participant know beforehand that the suggested to the Participant services in the form of a game are based on risk which arises between several players according to the rules of the Game.
Cash means of the agreed to the Agreement Participant which are necessary for playing (buying means for the game, improvement of the conditions by the player for winning, etc.) are being sent to the general game fund of the Participants (players). Accordingly the Coordinator informs you that the Game is partially based on the principles of financial pyramid and in any moment you can lose all your means and will have no complaints to the Coordinator.
In addition, by accepting the Agreement the Participant confirms the agreement of using the game fund by the Coordinator for organizing and servicing the game among Participants.
The final result of the playing risk is winnings. At the same time the Coordinator promises to minimize possible negative consequences of the risk in the Game of the Participant to attract more people to the site.
At the same time the rendered service in the form of a game isn’t aimed to satisfy the Participant 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.