Simformer Inc, hereinafter referred to as the Operator, offers to conclude the current User Agreement (Contract offer), hereinafter referred to as the Agreement, according to the conditions given below with a physical person, hereinafter referred to as the User, who has agreed to the terms of the current Agreement and registered properly in accordance with paragraphs 4.2, 4.3, 4.4 of the current Agreement.
The current Agreement regulates relationships between the Operator and the User. Stated relationships concern services of the multiplayer economic game Virtonomics (hereinafter the Game) with unlimited number of players located on the website https://virtonomics.com, https://virtonomica.ru and other domains, belonging to the Operator as intellectual property (rights reserved), as well as on the sub-domains (hereinafter “the Game Sites”) on the Internet.
By accepting the terms of the present Agreement the User shows that he/she agrees to all its conditions. The user’s agreement to the terms of the present Agreement is a compulsory condition to start playing the Game, register as a Game member and use any free of charge and paid services provided by the Operator and offered to the User in the Game.
By accepting the terms of the current Agreement the User confirms that he/she has competence and legal capacity, and has the right to sign the current Agreement. The text of the current Agreement can be modified by the Operator without any special notification of the User by means of publishing relevant version of the Agreement on the Game Sites.
1. Copyright and intellectual property
1.1. The rights of creators and owners of the Game belong to the Operator as intellectual property (rights reserved) and are protected by the laws of intellectual property and copyright protection. This protection concerns game rules, texts, pictures (photos, images, graphics), program codes and other objects of the copyright.
1.2. The Operator has the exclusive right to create derivative program products (works) based on the game of Virtonomics. Any kind of derivative program products (works) based on the game of Virtonomics can not be produced without a special prior written permission of the Operator, including (but not limited to):
- Reproduction, modification, distribution, publishing and translation into other languages of any Game component and/or the whole Game;
- Adding new components to the Game;
- Creation of derivative programs based on the Game software;
- Sale, rent, conceding or passing to other people in any other form of rights concerning Game materials and Game software.
1.3. The Operator has the right to delegate the temporary rights to use the Virtonomics Games, as well as the sale of any of its services to any other partner companies at its own discretion, without prior notice to users.
1.4. Besides, the User has no right to:
- Use software errors, and is obliged to inform the Operator immediately in case he/she finds any;
- To change the game program code;
- Make any modifications to the service in order to gain unauthorized access to the computer system;
- Hack and steal Logins of other Users;
- Spread links to the websites, that can cause malfunctions in computer operation or are aimed at illegal access to other Users’ Logins;
- Perform emulation of the Game protocol;
- Perform any actions aimed at the Game damaging (including safety of equipment, software and database belonging to the Operator).
- To send personal messages to other users of the game who do not have game contracts with the User
2. General terms and conditions
2.1. Virtonomics is a game located on the Internet at https://virtonomics.com, https://virtonomica.ru and other domains belonging to the Operator as intellectual property.
2.2. In accordance with the present Agreement, the Operator provides following services to the User:
- 2.2.1. Access to the game server of the Virtonomics economics game and to the game process;
- 2.2.2. Access to the information resources of the Game;
- 2.2.3. Access to other services and activities of the Game.
2.3. We consider the service of acquiring game points (GP) to be provided at the moment of game points are transferred to the asset of players account in the Game.
2.4. Acquiring game points (or other paid services) does not provide you with a guarantee of received game advantages to be preserved during the whole process of user participation in the Game.
2.5. Descriptions of the Game, Game rules, Game laws, additional agreements and other informational documents are located in the corresponding sections of the Game Sites. They are an integral part of the present User Agreement and are obligatory for the User to follow. The present Agreement does not include the content published by the administration of the Game on the game forums of the Game Sites.
2.6. The User himself/herself and from his/her own funds pays for the software of his/her PC and access to the Internet, as well as the purchase of any paid services in the Game.
3. The subject of the Agreement
3.1. Starting from the moment of acceptance of the present Agreement, the User is obliged to honor all the Agreement conditions.
3.2. According to the terms of the present Agreement, the Operator provides the User with the possibility of using the Virtonomics online game in accordance with the rules of the Game during 24 hours, except for the time of service maintenance and other circumstances hampering the access of the User to the Game caused by the fault of the Operator. The Operator has the right to change the mode and schedule of the Game operating, as well as provision of free and paid services.
3.3. The price of the paid services is set by the Operator at the moment of their sale to the User and can be adjusted by the Operator at any time.
3.4. The Operator has the right to change the Game rules, service conditions and/or services themselves at any time. The Operator can change the price of paid services, or turn free services into paid services. In this case the Operator notifies the User by means of publishing corresponding information on the Game Sites.
3.5. It is not possible to use services partially. The User who has used a part of provided service is considered to have used the whole service, and therefore does not have the right to ask for any compensation for the remaining part of the service.
3.6. In case the User violates the current Agreement (including Game Rules and Laws), the Operator can forbid this User to use the Game and/or apply sanctions, including (but not limited to): warning, temporary blocking of the User’s login, deletion of the User’s login without the possibility of recovery, request to refund expenses and other actions.
3.7. Upon the decision of the Operator, the sanctions can be applied to any User regardless of whether he/she has used any paid services or plays for free. The money received as payment for additional services from the User whose account is blocked or deleted are not refunded.
4. Rights and obligations of the User.
4.1. The User has the right to use the Game for non-commercial private purposes only, in accordance with the Game rules.
4.2. The User must register: fill in the registration form, give his/her consent to the terms of the user Agreement.
4.3. The User agrees to provide true, exact and complete information about himself/herself by answering the questions from the registration form, and keep this information up to date.
4.4. At registration the User must choose his/her login and password, which are required for the User’s identification among other users of the Game. The Operator has the right to forbid certain Logins and/or withdraw them from circulation.
4.5. The User is obliged to secure non-disclosure (secret) of his/her password and other necessary data by himself/herself. The User is responsible for the security and safety of his/her login and password, as well as for all related risks and expenses.
4.6. The User can send his/her complaints, notices, offers and wishes concerning the Game in written form to the e-mail of the Operator specified on the Game Sites.
4.7. Each User has the right to leave the Game voluntarily and at any time, on any grounds which are reasonable for him/her.
4.8. Upon the Operator’s request the User is obliged to provide true information about himself/herself which would allow to identify the owner of the login.
4.9. The User is obliged to contact the Operator if his/her password and/or login have been hacked.
4.10. The User is obliged to treat other players and Operator’s representatives in a respectful and correct manner, i.e.:
- Not to use offensive words, not to threaten with violence and physical harm in the real world;
- Not to distribute any materials promoting or expressing intolerance or hatred against any kind of religion, culture, nation, race, people, language, policy, ideology or social activity;
- Not to advertise porno-sites, drugs and resources which contain information of this kind, and not to commit any similar actions.
4.11. The User has no right to restrict access of other users to the Game or hinder other Users from using the Game.
5. Rights and obligations of the Operator
5.1. The Operator is obliged not to intentionally disclose information about the User, which was provided at registration, to third parties, except for the cases specified by the law, and not to change User’s login and password without his/her permission.
5.2. The Operator does not guarantee trouble-free operation of the Game and is not responsible for any temporary technical failures and intermissions in operation of the Game or communication lines, or similar failures, nor for malfunctions of the computer which the User uses to connect to the Internet.
5.3. The operator is not responsible for any expenses born by the User as a result of his/her decision to use or not to use the Game or information about the Game.
5.4. The Operator has the right to unilaterally reduce the game account of the User if he violates the rules of the game, the terms of the User Agreement, or if he detects any dishonesty of the User’s actions leading to an unreasonable increase in his game account.
5.5. The Operator is not responsible to the User for any activity of other users.
5.6. The Operator has the right to restrict or forbid (in any way which is not inconsistent with the law; at his/her own discretion and without explanation) Users’ access to the Game if they violate the current Agreement or the Game rules.
5.7. At the moment of accepting the current Agreement the User agrees to receive e-mails which the Operator has the right to send him/her. The e-mails include various information (including but not limited to: news, notifications, reminders, warnings, system messages) and are sent to the e-mail address specified in the User’s Registration form. The Operator has the right to use any other way of providing information to the User (including an SMS confirming that the service requested by the User has been provided by the Operator) if it is conditioned by the specific settings of the payment service chosen by the User.
6. Subscription services
6.1. Certain Games services are available only if you create an account and pay a subscription fee (“Subscription Services”). The specified accounts of Subscription Services provide you with access to Subscription Services (including “Game Statuses“) for a specified period, with the possibility of automatic renewal in accordance with current Conditions.
6.2. Access restrictions. The user has no right to assist anyone in unauthorized access to Subscription Services, in particular, by reviewing your credentials for access, sale, public offer or sale offer; as well as provide to third parties whichever content or other materials you receive through subscription services or otherwise violate current Terms and Conditions. The user is responsible for maintaining the confidentiality of their access credentials. In the event of any fraudulent, abusive or other illegal activities using the account of the Subscription Services, the Operator has the right, at its sole discretion, to cancel your accounts and report you to the appropriate law enforcement authorities. The user may also be liable for any damage caused by any specified fraudulent, offensive or other illegal actions.
Upon termination of access to the Subscription Services, the User is not liable to pay for Subscription Services, however, no rights to reimbursement arise, the Operator will not return any previous payments.
6.3. Payments. The operator reserves the right to change the amount or procedure of payment for any services provided on the basis of a subscription fee or any other charges for Subscription Services, as well as introduce a new subscription fee or other charges that come into effect after sending you a notification or after publishing new subscription fee conditions on the website of the Operator.
6.4. Automatic renewal. Subscription for Subscription Services may vary in duration – monthly (30 days), quarterly (90 days), annual (360 days). In the case of Subscription Services, which are billed monthly, your subscription will automatically renew monthly at the current price for the full month, provided that you do not cancel your subscription to Subscription Services before the start of the next relevant billing period (and renewal period). The corresponding amount at the end of the subscription term will be debited from your credit or debit card, or other payment instrument that you specified when making the initial payment.
In order to cancel the subscription to the Subscription Services, you can log in to your account, go to the “Settings / User profile / My subscriptions” section and then follow the corresponding instructions. The operator under no circumstances pays partial or proportional compensation.
6.5. Trial subscriptions. Access to subscription services may be periodically provided for a limited period of time free of charge or at a significant discount on a trial basis. Please note that the Trial Subscription is subject to these Terms and Conditions. When registering for a Trial Subscription, you may be asked for credit or debit card information. In this case, the payment from your credit, debit card or other payment instrument is charged only if you have not canceled the subscription to the Subscription Services before the expiration date of the Trial Pass. If the Operator requests information on your credit or debit card or other payment instrument to pay for or update the Trial Subscription, when you subscribe to the Trial Subscription, and you have not canceled it with all certainty before the expiration of the Trial Subscription, then your Trial Subscription at its expiration date can be converted to a regular Subscription, and your credit card, debit card or other payment instrument can be charged accordingly.
If, before the start of the next subscription (extension of the subscription) period you do not cancel automatic renewal for any Subscription Service, your subscription to Subscription Service will be automatically renewed and you authorize us (without any previous notice) to charge your credit or debit card (or any other payment tool that you used previously to subscribe or extend your subscription) with a corresponding monthly fee.
7. Pricing, Payments, Refunds
7.1. All additional in-game services and features are listed in the V-Store or on other special web pages of Operators sites. The price of each service is nominated in game points and can be changed by the Operator without further notice.
7.2. Game points can be purchased by the User in the V-Store section or any special web-pages and paid through the online payment providers presented on the site, such as VISA/MC debit or credit cards, PayPal and others.
7.3. The price of one game point is equivalent to one US dollar. The amount payable by the User depends on the number of purchased game points or other paid gaming services, and is displayed in the currency selected by the User. The minimum and maximum game points may be limited by the payment service provider or the Game Operator.
7.4. Game points paid by the User are delivered to his/her account immediately upon receipt of confirmation from payment provider and can be further exchanged for additional in-game services, features and benefits.
7.5. After the game points is paid by the User and delivered to his gaming account, no refunds will be made.
8. Other conditions
8.1. The Operator does not guarantee that the software of the Game does not contain any errors or will be trouble-free operable; the defects will be eliminated; the service will meet all User’s requirements and will be provided continuously, safely, quickly and accurately; the quality of any product, service, information, etc. provided in the Game will comply with the expectations and/or purposes of the User.
8.2. The Operator is not responsible for any expenses or other damage faced by the User as a result of certain actions of third persons, including actions of the Operator’s former employees.
8.3. The Operator has the right to delete from his/her servers any information or materials which are, in the opinion of the Operator, not acceptable, undesirable or are violating the current Agreement.
8.4. The Operator has the right to restrict, extend or modify the quality of services at any time, unilaterally and without prior notification of the User. The Operator has the right to modify terms of the present Agreement unilaterally and at any time.
8.5. The current Agreement comes into force after the User accepts its terms and conditions when registering in the Game. The User agrees that he/she has preliminarily acquainted oneself with all the conditions of the current Agreement and accepts them without any exceptions.
8.6. The Agreement is made for an indeterminate period.
8.7. The Operator has the right to unilaterally withdraw from this Agreement and stop the provision of services for using the Game without prior notice.
8.8. Disputes arising from this Agreement shall be settled by negotiation. If the dispute is not settled out of court, it is submitted for resolution to the appropriate judicial authority at the place of registration of the Operator.