User agreement

Version date: October 20, 2010 12:00:00 AM UTC

  1. General terms.

    2. 1.1. This User agreement (hereinafter referred to as the "Agreement") regulates the procedure and terms of service provision by FERNANDO SYSTEMS, LTD (British Virgin Islands), hereinafter referred to as the "Organizer" and is addressed to a natural person wishing to receive the service provided by the said company (hereinafter referred to as the "Participant").

    1.2. To begin the use of services, the participant must fully, directly and unconditionally accept all terms of the present Agreement and if you disagree with any provisions hereof, the Organizer is offering you to refrain from using his services.

    1.3. The Organizer and the Participant acknowledge that the procedure and form in which this agreement is concluded is equal to an agreement concluded in writing in terms of its legal power..

  2. Terms and definitions.

    3. The Game is a type of activity aimed at satisfaction of the human need of entertainment, pleasure, pressure release, as well as development of certain skills and knowledge in the form of free self-expression not associated with utilitarian objectives and being enjoyable by itself.

    The Game Platform is a software-hardware complex of physical devices and programs, located in the global network known as Internet and intended for organization of leisure and rest.

    The "Golden Clone" Game (hereinafter referred to as the "Golden Clone"), is the economic online game "Golden Clone", being the unique name of a game platform owned by the Organizer and located at the following Internet addresses: www.goldenclone.com and www.igra3k.ru, by which the Organizer provides services to the Participant consisting in organization of the Participant's entertainment, leisure and recreation in accordance with the procedure and the terms provided for herein.

    The Game inventory is a conditional game unit intended for participation in the game, called "Clonero", which is accounted for and kept on the game account of the Participant in electronic form and in the format of the game accounting system of the "Golden Clone" platform.

    The Clone is a virtual game character created and managed by the participant, which level of development determines the game opportunities the participant is entitled to.

    The Game account is a virtual account of the game Participant provided by the Organizer to each Participant at the game platform for the purposes of game inventory (Clonero) registration.

    The Money purse is the clone's virtual account intended for registration of the game currency called "Golden Coins".

  3. Subject of the agreement.

    4. 3.1. The object of this agreement is provision of services by the Organizer to the Participant, consisting in organization of the Participant's leisure and recreation in the game "Golden Clone", in accordance with provisions hereof. The services are deemed to include the following: the services of sale-purchase of the game inventory (Clonero), keeping of registers of the relevant information: transactions on the game account and the money purse, measures for identification and safety of participants, development of software integrated in the game platform and external applications, information and other services required for organization of the game and servicing of the Participant in the process thereof on the game platform of the Organizer..

    3.2. The game as a whole, as well as any element thereof or any connected external game application are created for entertainment purposes only. The Participant acknowledges that all types of activity in the game at the game platform are viewed as entertainment by him/her. The Participant agrees that characteristics of his/her game character (clone) determine the levels of participation in the game available to the Participant.

    3.3. The Participant agrees that he/she bears personal responsibility for all activities carried out using the game inventory (Clonero): purchase, sale, exchange for game currency, etc, as well as for all activities at the game platform: creation, sale/purchase of clones, transactions with all in-game elements: characteristics of the game character (game social status, experience, charisma, discretion, etc.) as well as other game attributes and objects used in the game process.

    3.4. The Participant acknowledges that the level and opportunities for participation in the entertainment activities at the Game server are the main qualities of the service provided to him/her.

  4. Rights and obligations of the parties.
    5. 4.1 Rights and obligations of the participant.

    4.1.1. Only natural persons of legal age (as determined by the legislation of their respective countries of residence) may take part in the "Golden Clone" game. All consequences of non-fulfillment of this requirement shall be responsibility of the participant.

    4.1.2. The grade and method of participation in the game are determined by the Participant him/herself. However, they must not conflict with the present Agreement or rules of the game platform.

    4.1.2. The participant is obliged to:

    4.1.2.1. supply truthful information about him/herself during registration and provide authentic data about his/her identity enabling Participant's identification as owner of a particular game account, on the first request of the Organizer;

    4.1.2.2. not to use the Game for carrying out any activity which conflicts with the international legislation and the legislation of the Participant's country of residence;

    4.1.2.3. not to use the undocumented special features (bugs) and errors of the Game software and inform the Organizer of such errors without delay, as well as of any persons using them;

    4.1.2.4. not to use external programs of any kind to gain advantage in the Game;

    4.1.2.5. not to use his/her ambassador's link or the site containing it for advertisement purposes, postal mailings or other messaging to people who did not consent to receive them (SPAM);

    4.1.2.6. is not entitled to limit the access of other participants or persons to the Game, must treat with respect and courtesy other participants of the Game, as well as the Organizer, its partners and employees, not to obstacle their work;

    4.1.2.7. not to deceive the Organizer or participants of the game;

    4.1.2.8. not to use offensive expressions and insults in any form;

    4.1.2.9. not to defame actions of other players or the Administration;

    4.1.2.10. not to threaten anybody with physical or other violence;

    4.1.2.11. not to distribute materials advertising intolerance or hatred to any race, religion, culture, nation, language, politics, state, ideology or social movement;

    4.1.2.12. not to advertise pornography, narcotic substances or resources containing such information;

    4.1.2.13. not to use actions, terminology or jargon to conceal violations of Participant's obligations;

    4.1.2.14. on his/her own, take the required precautions in terms of computer and other security, keep in secrecy and not to disclose to other parties or Participants his/her identification data: login and password of the account, etc., and prevent unauthorized access to the mailbox specified in the Participant's account profile. All risk of unfavorable consequences of disclosure of such data shall be responsibility of the Participant, since the Participant acknowledges that information security system of the game platform excludes disclosure of the login, password or identification data of the account to any third parties;

    4.1.2.15. bear independently personal responsibility for the financial transactions and deals concluded. The Organizer shall bear no responsibility for the financial activity between players associated with transfer of the game inventory and game currency, as well as other game attributes.

    4.1.2.16. first notify of his/her claims and complaints the Organizer in writing, using the Contacts section.

    4.1.2.17. familiarize him/herself on a regular basis with news of the game, as well as changes made to this Agreement and rules of the game at the game platform.

    4.2 Rights and obligations of the organizer.

    4.2.1. The organizer is obliged to:

    4.2.1.1. provide the Participant with access to the game platform and participation in the game free of charge. The Participant shall pay for the access to the Internet network at his expense and shall bear other expenses associated with such access.

    4.2.1.2. keep register of the game inventory (Clonero) on the Participant's game account, as well as keep register of the game currency (Golden Coins) in clone's Money Purse. All transactions of the last 24 hours are listed in the logs and are available on the page "Transactions history". If within 7 days from the moment of registration of a transaction in the log, the Participant does not inform of his disagreement with it, he/she thereby confirms his/her consent to such transaction.

    4.2.1.3. carry out regular upgrades of the hardware-software complex, but makes no guarantees that software of the Game shall contain no errors or that the hardware won't malfunction or uninterruptedly.

    4.2.1.4. Maintain confidentiality of the personal data of the Participant as provided for in the item 6 hereof.

    4.2.1.5. Bear financial liability to ensure equivalent exchange rate of the game inventory (Clonero) on the Participant's game account. Exchange rate of the game inventory (Clonero) amounts to one half of the aggregate price of United States dollars (USD) and the unified European currency (EURO) on the international currency exchange (1 Clonero = (EURO+USD)/2).

    4.2.1.6. Any person legally owning game inventory (Clonero) is guaranteed payment of the monetary sum resulting from conversion thereof at the exchange rate of Clonero, except for the expenses associated with the conversion transaction itself. This provision shall not apply to Participant's account which only has one clone (character) with the status of Tramp and which has no other clones (characters) associated with it.

    4.2.2. The organizer is entitled to:

    4.2.2.2. provide additional paid services to the Participant, which variety, procedure of provision and terms of use shall be determined by this agreement, rules of the game platform and other notices of the Organizer. At that, the Organizer reserves the right to change the amount and scope of the paid services, their price, name, type and usage consequences.

    4.2.2.3. suspend fulfillment of the present Agreement and restrict Participant's participation in the game during investigation of the Participant's violations of this Agreement and rules of the game platform.

    4.2.2.4. exclude Participant from the game if the Organizer determines that the Participant have violated this Agreement or the rules of the game platform in accordance with the item 5.10 hereof.

    4.2.2.5. suspend provision of services in part or in full without prior notice to the Participant during reconstruction, repair and maintenance works on the platform.

    4.2.2.6. The Organizer shall not be responsible for incorrect functioning of the game's software. The Participant makes use of the software in accordance with the "AS IS" principle. If the Organizer determines that there is a malfunction (error) in the game platform's operation, the results obtained during such incorrect operation of software may be annulled or corrected at Organizer's discretion. The Participant consents not to file claims against the Organizer based on quality, quantity, procedure and term of the game opportunities and services provided to him/her.

  5. Warranties and responsibility.

    6. 5.1. The Organizer does not guarantee permanent and uninterrupted access to the game platform and its services in case of technical malfunction and/or unforeseen circumstances, including: unstable operation or non-operation of the Internet providers, data servers, banking and payment systems, as well as illegal activity of third parties. The Organizer shall apply its best efforts to prevent malfunction, however, it shall not be held responsible for temporary technical malfunctions or interruptions in the Game's operation, regardless of the causes thereof.

    5.2 The Participant fully agrees that the Organizer can not be held responsible for any losses of the Participant associated with illegal activities of third parties intended to disrupt security systems of the electronic equipment and databases of the game, or caused by interruptions, suspension or non-operation of the communication channels and networks used for interaction with the Participant due to causes independent from the Organizer, as well as illegal or ungrounded activity of the payment systems or third parties.

    5.3. The Organizer shall not be responsible for the losses sustained as the result of Participant's use or lack of use of the information about the Game, game rules and the Game itself, nor shall it be responsible for the losses or other damages caused to the Participant due to his/her unqualified actions or lack of acquaintance with the rules of the game or his/her errors in judgment;

    5.4. The Participant agrees that he/she uses the game platform at his/her own free will and at his/her own risk. The Organizer makes no guarantee to the Participant that his/her participation in the game will be profitable or useful. The level of participation in the game is determined by the Participant him/herself.

    5.5. The Organizer shall not be responsible towards the Participant for actions of other Participants.

    5.6. In case of disputes and disagreements at the game platform, the decision of the Organizer is final and the Participant shall fully consent to it. All disputes and disagreements based on the present Agreement or in relation herewith shall be resolved through negotiations. In case a resolution may not be achieved through negotiations, the disputes, disagreements and claims associated with this Agreement shall be resolved in accordance with current legislation of the British Virgin Islands.

    5.7. The Organizer does not undertake the tax burden of the Participant. The Participant undertakes to include all possible incomes in his tax return him/herself, in accordance with the legislation of his/her country of residence.

    5.8. The Organizer may make amendments to the present Agreement, rules of the game platform and other documents unilaterally. If the Organizer makes any amendments to the documents, it shall publish the latest versions thereof at the website of the game platform. All changes become effective at the time of their placement at the website. The Participant is entitled to terminate this Agreement within three days if he/she disagrees with the changes made. In such case the termination of the Agreement shall take place in accordance with the item 5.9 hereof. The Participant is obliged to pay regular visits to the official website of the Game in order to familiarize him/herself with the official documents and news.

    5.9. The Participant is entitled to terminate the present Agreement unilaterally without preservation of the game account. At that, all expenses associated with participation in the game shall not be repaid or compensated to the Participant. The game inventory (Clonero) on the game account of the Participant shall be returned in accordance with the procedure specified in the item 4.2.1.6 of this Agreement.

    5.10. The Organizer is entitled to terminate this Agreement unilaterally, as well as carry out other actions which limit game opportunities in regard of a Participant or group of Participants who have violated provisions of this Agreement. At that all characters (clones), game attributes, game inventory (Clonero) and game currency on the user account or game account of such Participant or group of Participants, as well as all expenses made, shall not be compensated.

    5.11. The Organizer and Participant shall be responsible for non-fulfillment or improper fulfillment of their obligations hereunder.

    5.12. The Organizer and the Participant shall be released from responsibility in case of the circumstances of insuperable force (force-majeure), which include, but no limited to the following: natural calamities, wars, fires, floods, explosions, terrorist acts, civil unrest, actions of the governmental and regulatory authorities, hacker attacks, absence, malfunction or non-operation of the power supply, Internet service providers, communication networks and other systems, networks and services. The Party which experiences such circumstances shall, within a reasonable term and by the means available to it, inform the other party thereof.

  6. Confidentiality.

    7. 6.1. The Confidentiality clause covers all the information which the Organizer may obtain about the Participant during his presence at the website of the Game and which may be associated with that particular user. The Organizer shall automatically receive and record in the server logs the technical information of your browser: IP address, address of the web page requested, etc. The Organizer may record "cookies" on the user's computer and use them thereafter. The Organizer guarantees that the data provided by the Participant on registration shall only be used by the Organizer inside the Game environment.

    6.2. The Organizer is entitled to transfer personal information of the Participant to third parties in the following cases only::

    6.2.1. If the Participant expressed his/her wish to have such information publicly disclosed;

    6.2.2. If not doing so would prevent the Participant from using the desired product or service, in particular, the information regarding the names (nicknames) of clones, their characteristics, their game attributes, may be available to other participants;

    6.2.3. If it is required by the international legislation and/or authorities in compliance with a legal procedure;

    6.2.4. If the Participant violates the present Agreement and the rules of the game platform.

  7. Miscellaneous provisions.

    8. 7.1. Invalidity of any part or item (subitem) of this Agreement shall not cause invalidity of all the remaining parts and items (subitems) hereof.

    7.2. The term of this Agreement shall be the whole period of operation of the game platform, that is unlimited, and does not provide for a term of expiry of this Agreement.

    7.3. By registration and presence at the game platform, the Participant acknowledges that he/she has read, understood and fully consented to the terms of this Agreement, as well as rules of the game and other official documents.

Organizer

The company «FERNANDO SYSTEMS LTD» (British Virgin Islands)

Legal address: Sea Meadow House, Blackburne Highway, P.O. Box 116, Road Town, Tortola, British Virgin Islands

Phone: +1.829 806 4944

Fax: +1.514 313 5695