1C-777 Limited (working under «1C Game Studios brand»), hereinafter referred to as the «Operator», offers to a person registered at the site www.il2sturmovik.com (hereinafter — the Operator Site), hereinafter referred to as the «User», to enter into a contractual relations concluding the Agreement as follows.
1. GENERAL PROVISIONS
1.1. This Agreement shall govern relations of the Parties connected with the using of objects of intellectual rights by the User, which are owned by the Operator (hereinafter — the Objects). Any using of the Operator’s Objects means that the User accepts all provisions of this Agreement in full volume exclusively and unconditionally.
1.2. In case if the User does not attain majority, in case of acceptance conditions of the Agreement, he shall inform his legal representatives thereabout and receive their consent to conclude the Agreement.
1.3. Any conditions of the Agreement can be changed by the Operator unilaterally. The Operator is not obliged to inform the User about such changes in advance. Any amendments to the Agreement made by the Operator on the unilateral basis shall become valid on the day following the day of publishing such amendments at the Operator Site.
2. TERMS USED IN THE AGREEMENT
2.1. Agreement — agreement about rendering of Services (this document) including any Schedules thereto.
2.2. Game Client — the software required to launch the Game «IL-2 Sturmovik» (hereinafter — IL-2 Sturmovik, the Game) on personal computers of Users.
2.3. The Game — a software product of the company 1C-777 Ltd.
2.4. Login and Password — two unique sets of symbols created by the User.
2.5. Registration data — information about the User provided by him during registration at Operator Resources.
2.6. Services — services rendered for the User including providing of the possibility to access the Game and providing of the playing process, as well as the access to information collection of different type and subjects located in the Internet and at the Operator Resources. Additional Services shall be rendered according to the Schedule No.1 and No.2 to this Agreement.
2.7. Site — main information resource in the Internet owned by the Operator, where the information about a list, procedure and conditions of Services rendering is placed.
2.8. Resources — all servers and services located in the domain il2sturmovik.com and its subdomains.
2.9. Objects — objects of intellectual rights of the Rightholder. Objects include directly the Game, Resources, and other objects of copyrights and allied rights with regard to which the Operator is the exclusive right holder.
3. DESCRIPTION OF SERVICES
3.1. Resources of the Operator provide the following Services:
a) proper access to information collections placed at the Resources;
b) communication services (forums, etc.);
c) access to the Game and ensuring of the playing process;
d) access to Objects and additional possibilities of the playing process for a fee established by the Operator.
4. RIGHTS AND OBLIGATIONS OF THE OPERATOR
4.1.The Operator undertakes to keep confidentiality of Registration data and other data about the User, except for cases envisaged by the legislation of the USA.
4.2. The Operator undertakes to provide the User with the possibility to activate the obtained digital key to the Game on Resources of the Operator. Should it be impossible for the User to activate the obtained digital key to the Game on the Operator Resources, the User is entitled to apply to the Operator at the address email@example.com specifying the problem, and the Operator undertakes to solve the arising problem with the digital key activation.
4.3. The Operator guarantees representation of the Operator resources in the English languages.
4.4. The Operator reserves the right to collect and to use any information received by the Operator during the playing process of the User in his discretion.
4.5. Operator has the right to remove or modify any content posted by the User on the Resources without the prior consent of the Operator or not provided for by the present Agreement.
4.6. Operator is not liable for losses incurred as a result of the use of the Game, as well as for loss or other damage arising from the User in connection with the actions of third parties.
4.7. Operator has the right to unilaterally and at any time limit, extend, modify or terminate the provision of services with the notification of the User on the Resources of the Operator.
4.8. In case of disagreement of the User with the decision of the Operator on the restriction, modification or termination of the provision of Services, User must notify the Operator in writing, describing the essence of the claim and its claims. Operator is obliged to consider the claims received and to answer the User. 4.9. Operator has the right without the consent of the User to expand the functionality of the Game.
4.10. Operator has the right without the consent of the User to set a fee for the access of the User to the expanded functionality.
4.11. Operator is not liable for temporary interruptions and break-downs in the operation of the communication lines, and other similar disruptions, as well as the break-downs of the computer from which a User is connected to the Internet and/or launches the Game.
4.12. In the event of loss of User login to the Web-site of the Operator, Operator does not provide access to the Game and paid for additional services.
5. RIGHTS AND LIABILITIES OF THE USER
5.1. User, under the terms defined in the Agreement, has the right to use Objects, for which the Operator has exclusive rights.
5.2. User is required to specify accurate information at the time of activation of the digital key to the Game, on the Resource of the Operator.
5.3. User agrees not to violate the intellectual rights, under the terms of the Agreement.
5.4. User is required to independently take appropriate measures to ensure the safety of its user login and password and prevent unauthorized use by third parties of such login and password.
5.5. Operator grants access to the User. User individually at own expense covers the access to the Internet.
6. RELEASE OF GUARANTEE
User understands and agrees that:
6.1. User uses the Resources of the Operator at own risk. Services are provided by the Resources in the state of «as is».
6.2. Operator is not liable for any wrongful acts of the User.
6.3. The operator does not warrant that:
a) Resources will meet the requirements of the User;
b) service on the Resources of the Operator would be provided continuously, quickly, reliably and without errors; c) results that may be obtained by using the service will be errorless;
g) quality of any product, service, information, etc., obtained with the use of the service provided at the Resources would be in line with expectations of the User.
6.4. Operator is not liable for the infliction of any direct or indirect damage that occurred because of:
a) the use or inability to use the Resources of the Operator;
b) unauthorized access to personal information of the User;
c) statements or conduct of any third party on the Resources of the Operator.
6.5. Operator does not guarantee the operational integrity of the Game, if the technical characteristics of a personal computer running the Game, do not conform to the recommended technical requirements established by the Operator at the Website of the Operator.
7. TITLE TO THE RESULTS OF INTELLECTUAL ACTIVITY
7.1. All intellectual property rights, including the exclusive ones to the Objects of the Operator (i.e. the text content, images, multimedia content, program codes and other objects of copyrights) shall remain with 1C-777 Ltd.
7.2. This product is sold subject to a patent license from Gaijin Entertainment Corporation.
7.3. Entering into the Agreement shall in no way be construed as assignment of any rights by the Operator to the User in part of the Objects and/or the Resources of the Operator.
8. OTHER CONDITIONS
8.1. All of the outstanding issues, terms and conditions, not covered by the present Agreement shall be governed by the legislation of the USA currently in force.
8.2. Should any provision of this Agreement be recognized by court as invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
8.3. Under no circumstances shall the Operator’s liabilities exceed the Operator’s income arising from sale of the Game digital key to this User.
8.4. Applicable to the way of entering into this Agreement shall be the provisions of the Civil Code of the Russian Federation, that govern the sequence, terms and conditions of concluding the public contract, the contract of adhesion and issuing the offer.
8.5. This Agreement shall be deemed signed in the location of the Operator.
Schedule No. 1 to the User Agreement
The User shall be entitled to the Auxiliary Services that have to be paid for by the User. This Schedule shall stipulate the relationships of the Parties, arising from the additionally payable services. The User is herby entitled to purchase the Objects involved in the Game and the Additional Functionalities of the Game process.
1. THE SERVICE RULES
1.1. Any paid Services in the Game shall only be provided by the Operator. The list of such Services may be referenced from the web-site of the Operator. Should any third party render the Game Services for the real cash, such default may result in denial to provide the Service to all those involved in the sale/purchase chain, partial or compete, as the Operator may elect.
1.2. Provision of the Auxiliary Services Payable shall not relieve the Users from adhering to this User Agreement, as well as from having the User Agreement rights elected, including the complete or the partial denial of the Services. No compensation shall be granted in case of denial to provide the Services.
1.3. The User hereby agrees that, pursuant to the Federal Law «On the Protection of the Private Data», the Operator shall have the right to inquire for, collect and store the User’s personified information, including the data regarding surname, name, middle name, sex, age, registered or actual residence, contact phone numbers, e-mail addresses or any other electronic whereabouts, and, beyond that, if the User applies for the Auxiliary Services Payable, — the data on the User’s payment details, including the data on the User’s credit and debit cards, as well as on the other payment instruments.
1.4. The Auxiliary Services Payable may only be provided to the User on the condition that the User has paid for them, saved that until confirmation of delivery of such payment for the Auxiliary Services Payable, the Operator shall retain the right to deny, limit the content or restrict the User in either/or Basic and/or Auxiliary Services of the Game.
1.5. All of the prepaid Game Objects and Additional Functionalities of the Game process shall be retained as the property of the Operator. The Operator shall not reversely convert the prepaid Game Objects and Additional Functionalities of the Game into the real cash.
2.1. The User warrants to the Operator that he has a right to use means selected by him to pay for additional Services keeping within the law of the USA and/or the law of other country if the User is its citizen. The Operator is not responsible for possible damage to the third parties and/or other users of the Game resulted from the use of payment means by the User not belonging to him.
2.2. The Operator is not responsible for possible illegal acts of the User when he pays for additional Services in the Game. The Operator reserves the unilateral right to stop or cease rendering Services to the User if the User is suspected of having committed illegal acts until the situation is clarified.
2.3. The Operator reserves the right to terminate rendering any Services to the User completely if the fact of User’s fraud with payment for additional Services is established. In this case, money for the Services previously rendered is not returned to the User.
2.4. The Operator warrants to the User that any personal information of the User if it is given to the Operator during the interaction of the parties under the Agreement is kept by the Operator only for the purposes of fulfillment of the present Agreement and, under no circumstances, is transferred to the third parties unless for the fulfillment of this Agreement or in accordance with law requirements.
3. THE USER’S PAYMENT PROCEDURE
3.1. The payment shall be effected by the User through money transfer to the Operator’s account via payment systems supported.
3.2. While effecting a payment the User undertakes to follow regulations for payment procedure and terms particularly the instructions for message input and a number of short messages (SMS) including the procedure of input of capital and small letters, figures and the language of input. The Operator shall not responsible for the accuracy of effecting a payment for additional Services by the User as it is not under the Operator’s control.
3.3. Operator accepts credit cards of international payment systems (Visa International, MasterCard) performed via Autorize.net (http://www.authorize.net/) and PayPal.
3.4. The list and description of alternative ways of payment are given on the Operator’s web site.
3.5. All payments for additional Services shall be effected by the User on pre-paid basis.
4. THE OPERATOR’S RIGHTS AND OBLIGATIONS
4.1. When money is transferred to operating account according to items 3.1 and 3.5 of the present Schedule, the operator provides the User`s access to additional services.
4.2. The Operator reserves the unilateral right to terminate rendering Services to the User in case of infringement by the User of this Agreement and/or the law of the USA. In the latter case, the User shall be responsible for any damage inflicted to the third parties.
5. THE USER’S RIGHTS AND OBLIGATIONS
5.1. The User shall independently monitor the access to additional services paid.
5.2. The time of money receipt to the Operator’s account is considered as the moment of payment.
5.3. The User shall defray all the costs concerning money transfer to the Operator including dues and fees by himself and at his own expense.
6. SPECIAL PROVISIONS
6.1. The Operator shall not be responsible for the acts of the third parties that can lead to failure in money transfer or inadequate money transfer to the Operator’s account via electronic fund transfer systems.
Schedule No. 2 to the User Agreement
PRE-ORDER PROGRAM AND EARLY ACCESS PROGRAM
1. General or partial refunds other than for accidental double/multiple purchases are not allowed during the pre-order program or the early access program. The User shall shop with caution and at his/her own risk.
2. In addition to the User Agreement previously agreed to, the User understands that by placing a pre-order or purchasing the early access the Operator is offering access to its Alpha of the Game.
3. The release date for the Game is not known precisely and dates, features and performance may change during development and without warning. All final decisions about the Game are at the sole discretion of the Operator.
4. NO WARRANTY AND DISCLAIMER
4.1. User Remedies. The Operator and its suppliers’ entire liability and User’s exclusive remedy for any breach of the foregoing warranty shall be at the Operator’s option: (i) return of the purchase price paid for the license granted hereunder or (ii) correction of the defects, «bugs» or errors within reasonable period of time. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication.
4.2. No implied or other warranties. Except for the foregoing limited warranty and for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to the User in User’s jurisdiction, the Game is provided “as-is” without any warranty whatsoever and the Operator makes no promises, representations or warranties, whether expressed or implied, whether by statute, common law, custom, usage or otherwise, regarding or relating to the Game, services or resources therein or to any other material furnished or provided to User pursuant to this Agreement or otherwise. The User assumes all risks and responsibilities for selection of the Game to achieve your intended results, and for the installation of, use of, and results obtained from the Game. The Operator makes no warranty that the Game will be error free or free from interruption or failure, or that it is compatible with any particular hardware or software. To the maximum extent permitted by applicable law, the Operator disclaims all warranties, either express or implied, including but not limited to implied warranties or merchantability, non-infringement of third party rights, integration, satisfactory quality or fitness for any particular purpose with respect to the Game and the accompanying written materials or the use thereof. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to the User. The User hereby acknowledged that the Game may not be or become available due to any number of factors including without limitations periodic system maintenance, scheduled or unscheduled, acts of god, technical failure of the software, telecommunications infrastructure, or delay or disruption attributable to viruses, denial of service attacks, increased or fluctuating demand, and actions and omissions of third parties. Therefore, the Operator expressly disclaims any express or implied warranty regarding system and/or software availability, accessibility, or performance. The Operator disclaims any and all liability for the loss of data during any communications and any liability arising from or related to any failure by the operator to transmit accurate or complete information to the User.
4.3. Limited liability; no liability for consequential damages. The User assumes the entire cost of any damage resulting from User’s use of the Game and the information contained in or compiled by the Game, and the interaction (or failure to interact properly) with any other hardware of software whether provided by the Operator of a third party. To the maximum extent permitted by applicable law, in no event will the Operator or its suppliers or Operator’s be liable for any damaged whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill, work stoppage, hardware or software disruption impairment or failure, repair costs, time value or other pecuniary loss) arising out of the use or inability to use the Game, or the incompatibility of the Game with any hardware software or usage, even if such party has been advised of the possibility of such damages. In no event will Operator’s total liability to the User for all damages in any one or more cause of action, whether in contract, tort or otherwise exceed the amount paid by the user for the product. This limitation of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitations. Furthermore, because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the User.
5. By continuing with the pre-order of the Game or the purchase of the early access the User acknowledges the above facts and agrees to continue with the purchase of the Pre-Order or the Early Access of the Game.