USER AGREEMENT
This User Agreement (hereinafter referred to as the “Agreement”) establishes a legal contract with the User and defines the rules for using the Services, which include access to the Game called “UKRAINE GTA”, published on the Site: https://ukraine-gta.com.ua/ and developed and managed by the individual entrepreneur Gustilin Grigory Alexandrovich (TIN 3772701713, entry in the Unified State Register of state registration No. 2010350000000176206 dated 18.07.2022) and the individual entrepreneur Grigorenko Alena Igorevna (TIN 3748210084, entry in the Unified State Register of state registration No. 10000002493661 dated 19. 04.2023), which is registered in accordance with the procedure established by the current legislation of Ukraine and has a legal address: 6B Mykhailo Velychka St., Belogorodka village, Kyiv region, Ukraine,
08140 (hereinafter referred to as the “Copyright Holder” or “We”).
This Agreement comes into force after you accept its terms, so please read them carefully. You may not use the Services if you do not have the legal capacity to agree to the terms of this Agreement in accordance with applicable law. We may ask for proof of age (for example, we may ask for your date of birth) or the consent of a parent or legal guardian at any time. We also reserve the right to block Users if we have reason to believe that they have not reached the appropriate age or violate other rules.
By accessing our Services, downloading or using any of our Services in any way; accessing platforms, including social networks and/or forums, by clicking the “Accept” button or after completing the registration process, you confirm that you have read, understood and agree to all provisions of this Agreement and to assume all obligations set forth in this Agreement, Privacy Policy, Terms of Use. These documents provide for your consent to the processing, collection, use and storage of your personal information.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR IF AT ANY TIME THE TERMS OF THE AGREEMENT BECOME UNACCEPTABLE TO YOU, PLEASE STOP USING THE SERVICE IMMEDIATELY.
1. DEFINITION OF TERMS
1.1. «User» or «You» means an individual who voluntarily uses the Services provided by the Copyright Holder for personal non-commercial entertainment purposes not related to business activities.
1.2. «Service» is a key part of the agreement between the parties, which allows the User to perform in an interactive, entertaining mode pre-prepared tasks, complete the plot, interact with other Users through the Internet connection and the Client part of the Game, using game content, updates, logic and software that are the result of the activities and belong to the Copyright Holder.
1.3. «Virtual Goods» - intangible objects that are part of the Service can be purchased and used by the Users of the Game, which are a graphic design effect that determines how the appearance of the User's model and other game items will be displayed during the game.
1.4. «Game» - a computer program that uses a permanent Internet connection to organize the game process (gameplay), communication with other Users in the virtual world of ‘UKRAINE GTA’, including the Client part of the Game, components, functions, Virtual Goods, names, computer codes, files, game software, client and server software, audio tracks, updates, pictures, themes, objects, characters, names, slogans, arrangements, concept, logic, illustrations, drawings, graphics, images, videos, animations, sounds, music, compositions, sound recordings, audiovisual effects, information, data, documentation, applets, chat logs, character information, gameplay, scripts, recordings, and the like, including all additions and updates to the Game, and the server as part of the Game software.
1.5. «Client Part» - software that is required for the User to participate in the Game and must be independently installed by the User on his/her personal computer via the Internet.
1.6. «Website» means an automated information system available on the Internet at the address (including subdomains) https://ukraine-gta.com.ua, which provides the User with access to the Services and the Client Area.
1.7. «Account» - an account in a computer system where a set of data about the User is stored, which may include his personal data, payment details and other settings necessary for his recognition and access to the Services.
1.9. «Cheat code» is an atypical combination of data (sequence of letters, numbers or keystrokes), software or hardware processes or functions that can give the User an unfair advantage in the Game, change the course and mechanics of operation or unlawfully modify the Service, which are not available if the rules documented by the Copyright Holder are followed.
1.9. «Terms of Use» - requirements related to the external attitude to fulfill the norm of interaction (use) when the User receives the Services from the Copyright Holder with other Users. The full text is available at the link: https://ukraine-gta.com.ua/offert.
1.10. «Privacy Policy» means the rules governing the collection, processing, use and protection of personal data that may be requested/received from Users. The full text is available at the link: https://ukraine-gta.com.ua/policy.
2. GENERAL PROVISIONS
2.1. The provision of our Services requires that you meet certain technical requirements and have access to the Internet. By using and accessing the Service(s), you declare that you have read and fully accepted all the requirements specified in the Agreement and are ready to pay for your computer software and Internet access to receive the Services at your own expense.
2.2. To receive the Services, the User shall register and create a User Account. The fact and date of conclusion and full and unconditional acceptance of the Agreement is the User's registration, during which you agree to:
- a) with all provisions of this Agreement. If the User disagrees with this Agreement or any clause of this Agreement, the User shall not be entitled to receive the Services;
- b) provide correct, accurate, up-to-date and complete information about yourself in accordance with the registration form, and you understand that the Copyright Holder will not be able to provide the Service to the User if he/she does not have complete information;
- c) update the Registration Data in a timely manner so that it remains correct, accurate, up-to-date and complete;
- d) that if any information provided by you is not correct, accurate, up-to-date or complete, or if the Copyright Holder has good reason to believe that the said information is not correct, accurate, up-to-date or complete, the Copyright Holder has the right to suspend your Account or delete it and refuse you any possible use of the Service (or its component);
- e) with the fact that the Copyright Holder reserves the right to remove or revoke any User name at any time for any reason, including, but not limited to, claims by third parties that the specified User name violates the rights of third parties;
- f) if you wish to terminate the Terms, you may do so by closing or terminating your Account, thereby ceasing to use the Services.
- g) that the Copyright Holder has the right to terminate the User's Account at its sole discretion if the Account has not been used for twelve months.
2.3. You are responsible for the confidentiality of your User name, the security of your computer system and all activities that are performed from your Account. You may not disclose, transfer or otherwise grant third parties the right to use your password or Account, except as authorized by the Copyright Holder. You agree to immediately notify the Copyright Holder of any unauthorized use of your password or other breach of security using the details below and log out of your Account at the end of each game session.
2.4. The Copyright Holder shall not be liable for the use of your password and Account or for any interaction and activities in the Game that result from the use of your User name and password by you or persons who have been required to intentionally or negligently disclose their User name and/or password in violation of this privacy statement.
2.5. Your Account, including any information related to it, is of a strictly personal nature. You may not sell or rent the right to use your Account or otherwise transfer the right to use your Account for a fee.
2.6. The Copyright Holder may change, update, add or delete the provisions of this Agreement at any time by notifying you of such changes by posting the updated Agreement on the Site or, depending on the status of your Account, at the discretion of the Copyright Holder, by e-mail.
2.7. This Agreement, as well as any amendments thereto, shall come into force 30 days after its publication. By using the Service after the renewal of the Agreement by the Copyright Holder, you agree to all the updated terms of the Agreement. If you do not agree to any updated terms of the Agreement, you must stop using the Service.
2.8. The Copyright Holder reserves the right to deny any User access to the Services and to terminate or suspend your Account without giving any reason or notice. If required by law, we will provide you with prior notice. The Copyright Holder, at its sole discretion, may terminate or delete your Account for any reason that we consider to be a violation of this Agreement.
2.9. The Copyright Holder may suspend the use of some of the Services at its sole discretion, including some interactive features in our Games (including chats and instant messaging features in the Games or other Online Services) in accordance with our policies and in case of violation of the terms of this Agreement and the Rules of Conduct.
2.10. The Copyright Holder may suspend or terminate the Service or change the content of the Service or the content of the Website or delete without any reason and without notice any content or other information, including the User's Account, at any time, for any reason, with or without notice.
2.11. The Copyright Holder may use features designed to detect Cheat Codes. You understand and agree not to create or facilitate the creation and use of Cheat Codes by third parties. You also agree that you will not directly or indirectly disable or otherwise interfere with the operation of programs responsible for detecting and preventing the use of Cheat Codes. You agree that you will not interfere with the operation of the Game and the Services, unless otherwise authorized by the Copyright Holder and understand that the latter has the right to terminate your Account.
2.12. If we terminate or suspend your Account, you will not have access to the Account or anything related to it. You will not be entitled to a refund of any virtual currency or Virtual Goods received or purchased through your use of the Games or Services. Termination of any feature of the Service includes termination of access to that feature. Termination of the Services will result in the deletion of your password and all related information, files and content associated with your Account (or any part thereof), including your Content. The Copyright Holder shall not be liable for any suspension or termination of the Service, including the deletion of your Content. All provisions of this Agreement, the effect and validity of which should be preserved based on their legal nature of content, will survive the termination of the Service, including, but not limited to, provisions on ownership, disclaimers of warranties and limitations of liability.
3. ORDER PLACEMENT
3.1. Your use of the Game Service and the Services is licensed, not sold, and you hereby acknowledge that no ownership rights in the Game Service are transferred or assigned and this Agreement shall not be construed as a sale of any rights.
3.2. Your order through the Website constitutes your consent to the offer of the Copyright Holder to enter into the Agreement for certain Services. At the same time, some Services may be paid and the prices for them are determined by the Copyright Holder independently.
3.3. When you place an order on the Site through the Donate form, we send you a message confirming receipt of your order and containing the details of your order. Confirmation of acceptance of your offer to enter into the Agreement shall be deemed to be that the Copyright Holder deducts the corresponding price from your payment method and makes the relevant content and Services available to you. You agree to receive invoices in electronic form.
3.4. The User shall be responsible for the accuracy of the information provided when placing the Order. The Right Holder shall have the right to refuse to transfer the order to the User in any case, including if the information provided by the User when placing the order is incomplete or raises suspicion as to its validity.
3.5. If either party to the Agreement requires additional information, it has the right to request it from the other party. In case of failure to provide the necessary information by the User, the Supplier shall not be responsible for providing a quality Service to the User.
3.6. Placing an order is an additional confirmation of the User's acceptance of all the terms of this Agreement and granting permission to collect, process and transfer personal data. All payments for the Services may be made and processed through the relevant third party platform. In this regard, the terms of use and payment of the third-party platform, supplemented by this Agreement, apply. Learn more about your personal data in the Privacy Policies.
3.7. All virtual currencies and Virtual Goods are considered final and non-refundable, unless otherwise determined in the sole discretion of the Rightholder. You will not have any right, including ownership, to any Virtual Goods and/or virtual currencies you receive. Virtual currency may be used solely to obtain Virtual Goods.Virtual currency and Virtual Goods are not legal tender and may not be resold, transferred for value, paid in cash, purchased through the Service, or by any other means or methods not provided for in the Game, or applied to any other Account, except as described herein or as required by applicable law.
3.8. The Virtual Currency and Virtual Goods have no expiration date and have no material value in the real world, and the Rightholder has full control over all virtual currency and Virtual Goods and at any time has the right to unilaterally change the value, modify and/or eliminate any virtual currency and Virtual Goods at its sole discretion and without any liability. The obligations of the Rightholder to you in relation to the virtual currency and Virtual Goods shall be deemed fulfilled upon transfer of the virtual goods and/or the virtual currency to your Account.
3.9. The Copyright holder will not provide any refunds. Virtual Currency and Virtual Goods have no real monetary value, cannot be exchanged for real money and can only be used in the Game. You are granted a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Game. Other than this license, you have no legal basis or right to the aforementioned currency and goods.
3.10. If your Account is terminated or suspended for any reason (at the discretion of the Copyright Holder or if the Copyright Holder ceases to support the Game), you will forfeit all currency and Virtual Goods. The Rightholder has the absolute right to manage, regulate, control, modify and/or cancel the virtual currency and/or Virtual Goods as it deems necessary in its sole discretion and shall not be liable to you or any other person for such actions.
3.11. Payment processing may vary depending on the type of payment method you use, and there may be certain payment methods that are not accepted by or subject to restrictions imposed by payment service providers (including restrictions on certain types of credit cards, debit cards, and cards issued by certain manufacturers) or various transaction limits in certain currencies. To the maximum extent permitted by law, we are not responsible for any payments you make or for the performance of any payment service provider. By conducting a transaction, you accept the terms of the agreement or any restrictions that may be applied by the payment service providers.
3.12. The User agrees to pay any fees and applicable taxes that apply to you or any person using the Account registered to you. Any additional costs or obligations imposed on you when interacting with third parties are your responsibility. Fees are non-refundable.
3.12. The User agrees to pay any fees and applicable taxes that apply to you or any person using the Account registered to you. Any additional costs or obligations imposed on you when interacting with third parties are your responsibility. Fees are non-refundable.
3.14. The User has the right to a refund if the order for the Service was received by mistake or in the wrong format, such as (replenishment for the wrong amount, system failure, etc.).
4. INTELLECTUAL PROPERTY AND LICENSE
4.1. You acknowledge and agree that all intellectual property rights in and to our Services and all related technology, information and content available through the Services, including characters, images, storylines, sounds, virtual currency and Virtual Goods in the Game, are owned by the Copyright Holder.
4.2. You also acknowledge and agree that you have no ownership or any other property rights to the Account and that all rights to the Account belong to the Copyright Holder.
4.3. To use the Game, you must download and install the Client Software on your computer. The Copyright Holder hereby grants to you, and you accept, a limited, non-exclusive, revocable, non-transferable, non-sublicensable license (subject to the restrictions set forth herein). This license authorizes you to download, install, access and use the Services solely for your personal, non-commercial entertainment purposes. Any other use is not permitted.
4.4. You may not otherwise use, download, print, display, reproduce, publish, license, post, transmit, modify, create derivative works from, modify, translate, reverse engineer, disassemble, adapt, distribute, sell, buy or exploit the Service, its features or components in whole or in part without our prior written permission.
4.5. You may not sell, copy, exchange, assign, transfer or otherwise distribute anything you have copied or purchased from the Game unless expressly authorized by the Copyright Holder, who reserves all rights not granted in this Agreement. This Agreement does not contain or grant any other licenses other than those expressly provided for in the Agreement.
4.6. For reasons including, but not limited to, system security, stability, and multi-user compatibility, the Copyright Holder may need to perform automatic updates, preloads, new versions, or other improvements to the Services, and accordingly, the system requirements for using the Content and Services may change from time to time. You agree to such automatic updates. You understand that this Agreement does not entitle you to future updates, new versions or other improvements to the Services.
4.7. You also understand and agree that any change or upgrade may change the system specifications required to receive the Services. In such case, you, and not the Copyright Holder, are responsible for purchasing the necessary additional equipment and/or components in order to access the Services. You acknowledge and agree that after the release and publication of an application update by the Licensor, previous versions of the Game may become unavailable and the Licensor may, at its sole discretion, discontinue support for previous versions of the Game.
4.8. All ownership rights and intellectual property rights related to the Services and their copies belong to the Right Holder and/or its licensors or affiliated licensors. All rights are reserved, unless otherwise provided in this Agreement. The Content and the Services are protected by copyright law, international agreements and conventions in the field of intellectual property and other regulations. The Content and Services contain a certain set of licensed materials, and the licensors of the Copyright Holder and the licensors of its affiliated companies have the right to protect their rights in case of violation of the provisions of this Agreement.
4.9. The Copyright Holder respects the intellectual property rights of others and encourages everyone who uses the Site, the Game and the Services to do so. If you believe that the use of your work within the Game infringes your copyright, you can notify the Copyright Holder of this using the details below.
5. USER CONTENT
5.1. You agree that you publish content when you use the Services at your own request. Any data, text, information, files, graphics, photographs and their collections that are uploaded, posted, sent by e-mail or otherwise published by you through the Service are subject to unlimited commercial, non-commercial and/or advertising use by the Copyright Holder (both in part and in full).
5.2. Only Users are solely responsible for User Content. The Copyright Holder may or may not monitor User Content and does not guarantee the accuracy, quality or integrity of any User Content posted as part of the use of the Service. By using the Service, you acknowledge and agree that you may be exposed to material that you find offensive or objectionable.
5.3. You agree that the Copyright Holder shall under no circumstances be liable for any User Content, including, but not limited to, errors in the User Content or any loss or damage caused by the use of the User Content. The Copyright Holder has no obligation and will not check any User Content, but has the right to remove any User Content at its sole discretion in case of a complaint. If required by law, the Copyright Holder will notify you before or after removing the User Content that you have posted or uploaded.
5.4. The Service may include forum, blog, and chat features where you can post User content, including, but not limited to, your comments and observations on the topics covered. Therefore, in addition to the other provisions of this Agreement, you are specifically informed that the Copyright Holder cannot guarantee that other Users will not use the ideas and information you share. Therefore, if you have ideas or information that you would like to keep confidential and/or would not like others to use, do not publish it through the Service. The Copyright Holder is not responsible for the use or evaluation of the information you have published, and does not compensate for any damages caused by the use of this information. When you disclose or rely on any information in the forums, you do so at your own risk.
5.5. By accepting the terms and conditions of this Agreement, you grant and guarantee to the Copyright Holder an irrevocable, perpetual, transferable, non-exclusive, royalty-free, non-territorially limited license (including the right to sublicense and transfer to third parties), as well as the right to copy, reproduce, correct, adjust, modify, create derivative works, produce, put into mass production, publish, distribute, sell, license, assign rights transfer, loan, transmit, publicly provide, publicly perform or make available electronically, broadcast, publicly communicate by telecommunications, display, perform, store in a computer memory, and in any way use and exploit your Content and all modified and derivative works of your Content in connection with the provision of the Service, including for marketing and advertising the Service. This license is granted for the duration of the licensed rights or, if permitted by law, in perpetuity. Except as prohibited by law, you waive any rights to mention the author's name and/or any moral rights you claim to have in your Content, regardless of whether your Content has been modified in any way. You warrant and represent that you have the right to download any content that you make available (publish) through the Service.
6. DISCLAIMER OF WARRANTIES AND EXEMPTION FROM LIABILITY
5.5. By accepting the terms and conditions of this Agreement, you grant and guarantee to the Copyright Holder an irrevocable, perpetual, transferable, non-exclusive, royalty-free, non-territorially limited license (including the right to sublicense and transfer to third parties), as well as the right to copy, reproduce, correct, adjust, modify, create derivative works, produce, put into mass production, publish, distribute, sell, license, assign rights transfer, loan, transmit, publicly provide, publicly perform or make available electronically, broadcast, publicly communicate by telecommunications, display, perform, store in a computer memory, and in any way use and exploit your Content and all modified and derivative works of your Content in connection with the provision of the Service, including for marketing and advertising the Service. This license is granted for the duration of the licensed rights or, if permitted by law, in perpetuity. Except as prohibited by law, you waive any rights to mention the author's name and/or any moral rights you claim to have in your Content, regardless of whether your Content has been modified in any way. You warrant and represent that you have the right to download any content that you make available (publish) through the Service.
6.2. Except as otherwise provided by law, the Copyright Holder and its officers, employees and agents do not give any warranties, whether express or implied, including warranties of quality of the Services, their fitness for a particular purpose and observance of intellectual property rights, accuracy, competence, usefulness and timeliness of the Services. The Copyright Holder does not give any guarantees or make any representations regarding the accuracy or completeness of the content of the Services or the content of other sites related to the provision of the Services, and, to the extent permitted by applicable law, shall not be liable for the following:
- − errors or inaccuracies in the content;
- − physical injury or material damage of any kind resulting from your access to and use of the Service, Site or Game;
- − any unauthorized access to or use of our security servers and/or any and all personal and/or financial information stored on them;
- − any delays or interruptions in the provision of the Services;
- − any bugs, viruses, trojans and other harmful programs that may have been transmitted by third parties through the Service or the Site;
- − any damage to the User's personal computer, mobile devices, any other equipment or software;
- − any compromised passwords of third parties and any actions taken using the User Account;
- − for damages resulting from the use or inability to receive the Services, the use of your Account, including the loss of intangible assets, interruption of workflow, failure or malfunction of computers, as well as any other commercial losses;
- − any errors that may be contained in the published, downloaded, transmitted content available through the Services and/or the Website, as well as any damage of any kind caused by such errors and/or the use of such content.
6.3. The User agrees to indemnify and hold harmless the Copyright Holder, its parents, subsidiaries, affiliates, as well as officers, employees, agents, partners and licensors (collectively, the “Copyright Holder Parties”) from damages, losses, liabilities and expenses (including reasonable legal fees) related to or arising from:
- a) your Content;
- b) your use or inability to use the Services;
- c) your breach of the Agreement;
- d) you violate any rights of another party, including any Users;
- e) your violation of any applicable laws, rules or regulations.
6.4. The Copyright Holder reserves the right, at its own expense, to assume the defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with the Copyright Holder in the production of any evidence. It is agreed that the provisions of this section will survive termination of your Account and the Agreement, as well as termination of your access to the Services.
7. OTHER TERMS AND CONDITIONS
7.1. All disputes arising between the User and the Copyright Holder shall be resolved through negotiations. In case of failure to resolve the dispute through negotiations, the User and/or the Copyright Holder shall have the right to apply to the judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
7.2. Unless otherwise expressly provided for in this Agreement, if any provision of this Agreement is determined to be unlawful or unenforceable by a court of law, it shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect.
7.3. The User agrees that the Copyright Holder has the right to send messages (including by e-mail, SMS and other means of communication) containing advertising information about the Service, the Game or materials thematically related to them.
8. CONTACT INFORMATION
8.1. If you have any questions about this Agreement, please contact our support team at. We will do our best to assist you.
Technical support contact: https://t.me/ukrainegtabot
Email: [email protected]