This Agreement is a proposal by Playtox Software, LLC (hereinafter referred to as the “Administration”) to conclude an agreement on using entertainment and/or informational services (hereinafter referred to as the “Game”), located at the web address http://vmmo.ru (hereinafter referred to as the “Site”) according to the terms set forth below.
This Agreement govern your use of following games:
Моя ферма (mferma.ru), Братва (bratki.mobi), Доценты (hata.mobi), Мир Теней (vten.ru), Генералы (generals.mobi), Танки (sleg.mobi), Пираты (vmore.mobi), My Farm EN (farmobi.com), Nông Trại (farmgame.mobi), My Farm ID (mobilefarm.mobi), My Farm IN (merakhet.mobi), Mi Granja (migranja.mobi), Minha Fazenda (mfazenda.mobi), World of Shadows (shadowsgame.com), Пушистики (pusiki.mobi)
By visiting or using the Site and/or the Game you confirm that you have read, understood, and agreed to the terms of this User Agreement, regardless of whether you are a registered Site User or not. 437 Гражданского кодекса РФ.
The Administration reserves the right, at its own discretion, to make amendments and/or additions to this Agreement at any time, without prior and/or further notice. Any changes to this Agreement will be published on this page. If you continue to use the Site after that, it will imply your acceptance of those amendments and/or additions.
If you do not agree to be bound by this Agreement, you must not use the Site or the Game; and if you are a registered User, you must remove your account and/or leave the Site and stop using the Game in any way. It is your responsibility to ensure that you visit this page periodically to check the current version of this Agreement.
This Agreement covers the relationship between the Administration and Users resulting from the use of the Site and the Game. The Administration and the User hereinafter may be referred to as the “Parties” collectively or “Party” individually.
1. The main terms and definitions used in this Agreement:
1.1. Site Owner — Playtox Software Limited Liability Company. The company’s legal address: Russia, 630090, Novosibirsk, ul. Nikolaeva, d. 11. tel.: +7 (383) 287-07-45, INN 5408292528, KPP 540801001, OGRN 1125476012419.
1.2. User — any person who accesses the site or the Game through the internet. The User must be a legally capable person over the age of 14.
1.3. Messages — electronic messages sent within the game by one User to another User through the User’s personal page and not accessible to any third parties, except for the Administration. By accepting the terms of this agreement, the User recognizes and agrees that messages will not contain any confidential information. The User recognizes and agrees that all messages are a part (element) of the game process implemented at the site (in the Game), and therefore the User authorizes the Administration to freely view, delete, and moderate (modify) any messages at its discretion, without obtaining permission from the User and without notifying the User, in order to provide security at the Site and/or in the Game and to secure compliance with applicable laws of the Russian Federation and in compliance with this User Agreement.
1.4. Content — works of art (including images, graphics, drawings, and icons), photographs, and other game content located at the Site.
1.5. Vmmo Europe Limited (“VMMO”) acts as the Merchant of Record for PayPal billed Transactions and has registered office in Egypt street 12, P.C. 1097, Nicosia, Cyprus.
2. The general game usage terms and conditions:
2.1. Some features can be used only by Users registered at the Site.
2.2. Paid services are provided to users who are subscribers of a wireless carrier all over the world (hereinafter referred to as the "Operator").
2.3. The list of the Game’s features available only for registered Users and the list of paid services are made by the Administration at its discretion and may be modified at any time.
2.4. Technical, organizational, and commercial terms of using the Game, including information on paid services, are brought to the User’s notice by placing them at the Site or in the Game.
2.5. The Administration allows Users registered at the Site to do the following:
2.6. To create an account and manage it according to the logic of the Game;
2.7. To use the Site’s features to exchange messages with other Site Users.
2.8. To post messages and read other Users’ messages in the Site’s community.
3. By accepting the terms of this agreement, the User recognizes the following:
3.1. The Game is intended for personal, family, domestic, or other use not associated with the User’s business (commercial) activity.
3.2. The Game is provided “as is” and therefore no guarantee is made that the Game will meet the User’s requirements/expectations and/or that services provided will be uninterrupted, continuous, of high quality, or free of errors. Failures, errors, and interruptions due to technical reasons are permitted during the course of the Game. The Administration will not be held liable for non-fulfillment or improper fulfillment of its duties due to failures in telecommunications networks or power grids, malware activity, or dishonest actions by third parties seeking to get unauthorized access and/or cause damage to the software and/or hardware system.
3.3. The Site and the Game are intended to be accessed by Users from their mobile (cellular) devices using WAP and/or GPRS protocols. The Game may not run correctly if accessed using other equipment and/or other protocols.
3.4. The Administration will not be held liable for the quality or connection speed of telecommunications. Any issues regarding disruptions in telecommunications services, the stability and speed of connection, or other technical issues related to telecommunications services should be addressed to the Operator that provides telecommunications services to the User.
3.5. The cost of WAP/GPRS traffic and the cost of SMS messages sent by the User to the shortcode numbers in order to get access to additional paid services in the Game is defined and charged for by the Operator that provides telecommunications services to the User. More information about the cost of sending and/or receiving paid SMS messages may be obtained from the Operator.
3.6. The User is fully responsible for entering the content (text) of each SMS message, shortcode number, code words, prefixes, and other identifiers used to access the services correctly, as well as for complying with other requirements to preparing and sending SMS messages that are sent by the User according to the terms published at the Site in order to get access to additional paid services and features in the Game.
3.7. On no account will the Administration reimburse the User for the cost of SMS messages sent by the User in order to get access to additional paid services and features in the Game if such SMS messages were not delivered and/or were not processed correctly due to any errors and/or inaccuracies made by the User when sending such SMS messages, including errors and/or inaccuracies in the shortcode number, code number, prefix, the text of the SMS message, the name of the User’s game character, the name of the User, or any identifiers used according to the terms of getting access to additional services, as well as in other cases not stated explicitly in this Agreement.
3.8. Shortcode numbers are made available by wireless carriers (Operators) and/or other partners of the Administration to permit the Administration to render additional services to Users in the Game. In the cases stated in paragraph 3.7 of these terms, the cost of an SMS message charged to the User cannot be reimbursed to the User by the Administration or by the wireless carrier as it is deemed that the telecommunications service for receiving and/or sending the SMS message has been duly provided.
3.9. The user is fully responsible for any actions at the Site (in the Game) involving the game character created (registered) by the User, regardless if the game character is controlled by the User or by a third party (third parties).
3.10. The User must take reasonable steps to protect the User’s personal data required for accessing the Site and/or for taking part in the Game. On no account will the Administration be liable for any loss of such data by the User or for unauthorized access by third parties to the User’s data. In the case that a third party (third parties) accesses the Site and/or the Game, the User will bear responsibility for any actions of such third party (third parties) as if they were the User’s own actions.
4. It is forbidden to do the following:
4.1. To accumulate or collect the e-mail addresses or other contact data of Site Users using automated or any other methods for the purpose of sending unsolicited e-mails (spam) or any other unwanted information;
4.2. To use the Site in a way that may interfere with the normal operation of the Site or its services;
4.3. To use automated scripts (programs) for collecting information and/or interacting with the Site and its services, managing the account, or using the Game in any way other than intended;
4.4. To upload, publish, transfer, or otherwise make available, including using in the User’s name (nickname) and posting messages in the community (hereinafter referred to as to “post”), any information and/or statements that contain threats; discredit or insult other Users or third parties; are indecent, obscene, unprintable, or offensive; are fraudulent; infringe on personal or public interests; propagandize racial, religious, or ethnic hatred or enmity; or any other information that insults a person’s honor and dignity, violates the generally accepted standards of morality and ethics, or violates human or civil rights protected by law;
4.5. To mislead other Users about one’s identity by using another person’s account or to intentionally misrepresent oneself, one’s age, or one’s relations with other persons or organizations;
4.6. To post any commercial advertisements, commercial proposals, or agitation materials; to spread spam, chain messages (messages that are requested to be sent to one or more users), financial pyramid schemes, or appeals to take part in them, or any other unwanted information; except for the cases when such posting was approved by the Administration;
4.7. To post home addresses, phone numbers, e-mail addresses, identity card data, or any other personal information of other Users or any third parties at the Site without obtaining those persons' consent for such actions;
4.8. To post any files (or links to files) that contain or may contain viruses or other malware;
4.9. To describe or propagandize criminal activities, or to post instructions or guides on committing criminal acts;
4.10. To obtain access to other Users’ accounts using any methods, such as guessing the password, cracking the account, or doing other actions against the will of the account’s owner;
4.11. To post any information that violates other Users’ or third parties’ exclusive rights to intellectual property items;
4.12. To post any information that, as deemed by the Administration, is undesirable, does not conform to the purpose of the Site, infringes on other Users’ interests, or is unwanted at the Site for other reasons;
4.13. To upload, transfer, or publish any images, icons, or graphic items if they were not created by the User unless the User has obtained permission from the rights holder;
4.14. To post obscene and/or curse words and/or phrases, including the use of such words/phrases in the User’s name (nickname);
4.15. To use in the User’s name (nickname) any words and/or phrases (written in any human language, regardless of using any transliteration, regardless of using uppercase or lowercase letters, and regardless of the style and font) that mislead (or may mislead) other Site Users concerning the User’s ability (authority or rights) to manage (moderate) the site (or specific sections and/or features and/or content at the site). Below some examples of words/phrases that violate this paragraph and therefore cannot be used under the User’s name (nickname) are given. Forbidden are the nicknames Administrator, Moderator, Game Master, Mega GameMaster, I’m Admin, Cool Admin, and any words/phrases derived from these words, as well as any other words/phrases described in this paragraph of the User Agreement.
5. Exclusive rights to items located at the Site:
5.1. The Site owner and the Site administration have exclusive rights to any items located at the Site, including design elements, text, graphics, illustrations, scripts, programs, sounds, and other items or collections of items, except for Users’ content. All rights to such items are reserved;
5.2. Except for the User’s content, the User cannot upload or otherwise make available (publish at the Site) content from other websites, databases, or other items protected by copyright law without obtaining permission for doing so from the rights holder;
5.3. Any use of the Site or content other than allowed by this Agreement is strictly forbidden unless prior written permission is obtained from the rights holder.
6. Third party websites and content:
6.1. In addition to content, the Site contains (or may contain) links to other websites;
6.2. If the User decides to leave the Site and visit third party websites or use/install third party software, the User will do that at his or her own risk. Furthermore, the User should follow applicable norms and policies, including the business practices of the parties whose content or software is used by the User.
7. Administration’s rights:
7.1 Administration can (but must not) view the Site, including the User’s personal page and messages, in order to detect (check for) forbidden items (to moderate), and can, at its discretion, delete or move (without notice) any content and/or Users’ content and/or messages for any reason or for no reason at all, including unlimited movement or deletion of items (including personal messages) that, according to Administration’s opinion, violate this Agreement; may be illegal; or may violate the rights, cause harm to, or threaten the safety of other Users or third parties; or otherwise violate this Agreement. Administration reserves the right of anonimous tracking the User's activity concerned to using of this application.
7.2. If the User violates this Agreement, Administration has the right to unilaterally suspend, limit, or block the User’s access to all or any sections or services of the Site at any time, for any reason or for no reason at all, with or without prior notice, without being liable for any harm that may be caused to the User by such actions (including cancellation of the agreement and removal of the User’s data from the Site).
7.3. At the User’s request, Administration can, at its own discretion, remove such limitations or unblock the User’s access to the Site/Game. restoration of the User’s access to the Site/Game is the right, not obligation, of Administration. Administration has the right to demand that the User pay Administration for the costs incurred due to: 1) consideration of the User’s request to restore unlimited access to the Site/Game, 2) investigation of the circumstances that were the basis for blocking/limiting the access, and 3) technical restoration of access. The amount of compensation will be determined by Administration at its discretion, taking into account the severity of the violation that resulted in blocking/limiting the User’s access to the Site/Game. If Administration demands that the User compensate for its costs, the restoration of the User’s access to the Site/Game is possible only after the User pays the specified amount of compensation. In each case, Administration informs the User personally regarding the amount of compensation through the Site’s technical support.
7.4. Restoration of a lost password required for the User to access the Site/Game is a paid service provided by Administration to the User only if the User pays for the service according to the terms published at the Site and/or communicated to the User by Administration’s technical support.
8. User responsibilities and liabilities:
8.1. The User is personally responsible for any content or other information uploaded to or otherwise made available (published) on the Site by the User or with the User’s help.
8.2. The User is personally responsible to the Site Administration and any third parties for the User’s compliance with this Agreement.
8.3. The User agrees to compensate the Site Administration for any damages incurred by the Site Administration in connection with the use of the Site by the User and/or violation of this Agreement and/or violation of any third party rights (including copyright rights, patent rights, and information rights) by the User.
9.1. Mobile Applications include applications for iPhone, Android, Windows Phone 7, Windows RT, and Nokia WindowsPhone, as well as Noka FeaturePhone, with content belonging to the Company.
By using the services of the Site, including via Mobile Applications, the User certifies his or her unconditional acceptance of this Policy.
9.2. In relation to this Site, the Company does not receive or process any information which, in accordance with the legal norms of current legislation of the Russian Federation, constitutes personal data.
The data which are automatically transferred to the Site’s services during its use by software installed on the User’s device, including the User’s IP address, cookie information, and information about the User’s browser (or about any other program which is used to access these services), time of access, and the address of the requested page, are used by the Company solely for the purpose of evaluating the effectiveness of the Site’s operation. These data, in accordance with current legislation of the Russian Federation, do not constitute personal data, and the Company does, in any case, guarantee the protection of such information from being used for any illegal purposes.
9.4. Automatic delivery of notifications to the User’s email address, containing materials of an advertising and/or informational nature, including information on in-game offers and promotions of interest to the User (hereinafter, the “Subscription”), is made by the Company only with the consent of the User.
9.5. The Company guarantees the safety and confidentiality of the User’s electronic mailing address. It shall not be considered a violation if the Company provides information about the User’s electronic mailing address to agents and third parties who are acting on the basis of a contract with the Company in order to fulfill obligations to the User. Nor shall it be considered a violation when such information is provided in order to comply with valid, applicable legal requirements.
The Company provides the User with the option to cancel the Subscription.
9.6. This Policy applies only to the services of the Site (including the use of Mobile Applications). The Company does not control, and is not responsible for, third-party sites which the User may visit by following links available on the Company’s Website. When using the services of the Site, the User is obliged to observe the current legislation of the Russian Federation, this Policy, and any other special Company documents located on the Site.
9.7. Users of the Site are forbidden to:
9.7.1. Illegally download, store, publish, distribute, or provide access or by any other means violate the intellectual property rights of Users, the Company, or any third parties;
9.7.2. Use software to (and/or carry out any activities designed to) disrupt the normal functioning of the Site and its services;
9.7.3. Use, without the express permission of the Company, automated scripts (programs) to collect information on the Site and/or interact with the Site and its services.
9.7.4. The Company reserves the exclusive right to unilaterally amend the text of this Policy. The new version of the Policy shall enter into force on the date it is released, unless otherwise provided in the new version of the Policy.
9.7.5. This Policy and any relations between the User and the Company arising from the use of this Policy shall be subject to the applicable legislation of the Russian Federation.
10. Final provisions:
10.1. This Agreement shall be governed by and interpreted according to the laws of the Russian Federation. Any issues not covered by this Agreement shall be settled according to the laws of the Russian Federation.
10.2. This Agreement and any published amendments to this Agreement shall be in force for the whole period of use of the Site or the Game by the User, regardless if the User is registered at the Site or not.