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for the game "Destiny Sphere"
(hereinafter referred to as the Agreement)
1. Introduction
1.1. The game user, hereinafter referred to as the Client, requests the company Destiny Sphere GmbH, represented in Russia by IE Milchenko M.A. OGRN 313784707200272 INN 780218180048, hereinafter referred to as DestinySphere, to provide him with the service - a paid Premium subscription for participation in the Russian version of the game "Destiny Sphere"
1.2. The description of the Premium subscription service is set out in Appendix I to this agreement
1.3. Registration for a Premium subscription is allowed for persons who have reached the age of 18. Registration of a Premium subscription for minors may only be carried out by parents or guardians.
1.4. The existence of a free game account is a mandatory condition for providing the Client with the Premium subscription service. If the Client does not yet have a free game account in the game "Destiny Sphere", they must first register in the standard free game, and only after that can a Premium account be registered. DestinySphere emphasizes that the client must first try the free version, in order to familiarize themselves with the game and guarantee the technical compatibility of the game with the Client's computer, programs, and internet connection.
1.5. The Client agrees to the Rules for the use of the free service of the game "Destiny Sphere" (Destiny Sphere), which are an integral part of this Agreement (Appendix 2). In case of partial or complete contradiction between the Rules for the use of the free service of the game "Destiny Sphere" and the clauses and provisions of this agreement, the provisions of this Agreement shall be considered valid, and the clauses of the Rules for the use of the free service of the game "Destiny Sphere" not affected by the contradictions shall continue to be valid
1.6. DestinySphere provides access to the Premium subscription immediately after the receipt of funds from the payment made by the client. In case of an electronic debit process from the personal account, access is provided immediately after the subsequent bank data transfer. The client converts free access to Premium access by paying for it; the existing username and game data of the world do not change. Upon termination of the Premium subscription, the client loses only access to all Premium services; their game data for free game worlds are preserved.
1.7. The Client undertakes to keep all Premium access data, as well as game access data, confidential. DestinySphere does not assume any responsibility for losses incurred due to insecure storage of this data. Passwords cannot be stored on the Client's computer and under no circumstances should be disclosed to a third party.
2. General rights and obligations of the Client and DestinySphere
2.1. DestinySphere is obliged to provide the Client with guaranteed access to the game, but no more than 21 hours per day.
2.2. In case the game unavailability time exceeds 90 hours within one calendar month, the Client has the right to additional free Premium subscription time equal to the entire excess of the game unavailability period due to the fault of DestinySphere over the guaranteed access period
2.3. In case of difficulties connecting to the game server, DestinySphere assumes no responsibility, as this may depend on the Client's internet connection conditions.
2.4. The game service " Destiny Sphere " can be used at any time, except for breaks related to game maintenance.
2.5. Technical requirements for user equipment include an internet connection (preferably broadband), browser Internet Explorer version 6.0, operating system Microsoft Windows and plugin Macromedia Flash version not lower than 8.0, a computer with specifications no worse than Pentium III and RAM of at least 128 mb.
2.6. DestinySphere provides constant access to the Client's personal profile, except for interruptions related to the software product's maintenance. In general, one-time interruptions in access to the Client's personal profile should not exceed 4 hours.
2.7. The client cannot transfer their Premium subscription to anyone, nor use it jointly with anyone, except in cases where parents or guardians register a Premium subscription for a minor child. Parents or guardians who have consented to the game are fully responsible for their child's activities. Firms or other legal entities are not allowed to open a Premium subscription unless they have received special permission from the administration of DestinySphere.
2.8. The client cannot exchange their game account, individual game items, game objects, game resources, or game services for any legally circulating means of payment (money, securities, etc.) without the express permission of DestinySphere, or, in other words, nothing in the game can be sold for real money or valuable items (securities) without the express permission of DestinySphere. In case of violation of this clause, the affected game account will be immediately blocked without any compensation.
2.9. Each real player (Client) can own only one account in the game world. Multi-accounts are not allowed and are blocked without exception. Paid money is not refunded. DestinySphere reserves the right to block suspicious accounts, and only after providing sufficient proof of innocence from the Client and a thorough re-check, the account may be unblocked. Methods for detecting multi-accounts remain the exclusive prerogative of DestinySphere and are not disclosed to any third party or the Client under any circumstances. DestinySphere is not obligated to provide reporting to the Client under any circumstances regarding the essence of these methods and is considered the final authority for all matters concerning multi-accounting. Legal proceedings in this case are excluded.
2.10. The client must ensure that the provided passwords do not become accessible to anyone. In particular, the Premium account password must be kept strictly confidential. Passwords must not be stored insecurely on the client's local hard drive. Passwords must be changed periodically. The client agrees that providing their access to the DestinySphere service to third parties, intentionally or unintentionally, does not relieve them of responsibility for all actions of these persons, including possible abuses. The client is also solely responsible for all consequences of unauthorized use of their account. The client has the right to change passwords.
2.11. DestinySphere cannot under any circumstances ask the Client to provide their passwords either by phone or by email. If the client receives such a request, they can assume that it is not official and cannot respond to it under any circumstances.
2.12. The client can only log in from official pages http://www.destinysphere.ru, www.ds-game.ru and destinysphere.ru, all other login methods can only be used at your own risk, DestinySphere takes no responsibility for any losses that may arise as a result.
2.13. The Client undertakes to provide complete and truthful personal information in all Premium areas, particularly during registration, as well as when entering and/or changing personal data. If the information provided by the Client is not true, DestinySphere shall not be liable for any costs incurred. Furthermore, in these cases, DestinySphere reserves the right to take measures permitted by law or to unilaterally delete the Premium account without refunding the funds paid by the client for the Premium subscription.
2.14. The Client is obliged to immediately notify DestinySphere of changes in personal data (e.g., address, account parameters, email address) and make changes in the personal administrative section of the Premium account. DestinySphere may charge the Client for expenses incurred by DestinySphere due to the lack of information about the aforementioned data or its untimely change.
2.15. The client undertakes, for the entire duration of his use of DestinySphere online services, not to violate the Game Terms and Disciplinary Code. In case of non-compliance by the Client with the Game Terms and Disciplinary Code, DestinySphere reserves the right to exclude the Client from the game. In this case, the Client loses the right to a refund of paid money.
2.16. The Client has the right to use the services of DestinySphere at their own risk, provided that they comply with the Code of Conduct (addendum II), as well as the rules of conduct on the game forums. DestinySphere bears no responsibility for the content of the Client's messages on the forums and in the game, but reserves the right to control and edit/delete messages that do not comply with the letter and spirit of the internal policy of DestinySphere.
2.17. The client is informed that it is not recommended to publish and discuss personal information about themselves in the Forum and chat. Publication and discussion of personal issues related to third parties is strictly prohibited. DestinySphere has the right to record, store, and analyze personal game, forum correspondence, and conversations between Clients in the chat.
2.18. The client undertakes not to violate the current legislation of the Russian Federation, and also, if the client does not reside in the Russian Federation, the country of their residence, when using the communication services of DestinySphere. The client is solely responsible for the unlawful use of these services, in particular, the information disseminated by the client must not violate the rights of third parties (e.g., copyrights, patents, trademarks, or other rights or forms of ownership). The client is prohibited from disseminating racist, nationalist, pornographic, obscene, offensive, or inappropriate for minors content.
Such materials include materials aimed at promoting the cult of violence, unhealthy lifestyles (smoking, alcoholism, and drug addiction).
The client undertakes not to distribute commercial and political advertising within the game and forum space provided by the service and to refrain from all actions with respect to the provided DestinySphere service that could threaten the normal operation and availability of the service's functions.
2.19. The client is obliged to provide DestinySphere information that becomes known to him about possible actions of third parties directed against DestinySphere and about violations of this agreement by third parties.
2.20. DestinySphere is entitled, but not obliged, to check the content of any text, as well as submitted graphic files for compatibility with current legislation or this agreement and the Code of Conduct and, if necessary, to modify or delete the corresponding texts.
2.21. DestinySphere has the right, at its sole discretion, to evaluate texts for their admissibility or inadmissibility, and to block texts deemed inadmissible if necessary. DestinySphere is not obligated to provide any report to the Client in this case and is always considered the final authority for such decisions.
2.22. DestinySphere is authorized to transfer texts to a third party and/or delete them, as well as modify them if required by legal requirements, judicial or official orders. This also applies to user data.
2.23. All rights to programs, processes, technologies, software, trademarks, services, company names, inventions and all materials, such as texts, game accounts, scripts, quests, graphics, music, sounds and all other events, objects and other material or intangible subjects appearing in the game and forum space, which relate to DestinySphere, belong exclusively to DestinySphere.
2.24. Responsibility for the Client's use of the proposed services DestinySphere lies entirely with the Client. The Client, or any of its representatives, or third parties, cannot claim any responsibility for possible losses that may arise from the use of the services DestinySphere. In particular, DestinySphere proceeds from the fact that the Client performs actions in the game while of sound mind and full consciousness. Also DestinySphere proceeds from the fact that the Client's physical and mental health condition allows him to use the provided DestinySphere service
2.23. DestinySphere in no case assumes responsibility for the actions of Clients, explained by the fact that the Client no longer feels the boundaries between reality and the game world. The same applies to all types of costs that may arise from this condition.
2.25. The use of and/or access to the services may be temporarily limited or interrupted due to maintenance or service improvements DestinySphere.
2.26. DestinySphere is obliged to respond to all kinds of requests and inquiries from the Client, however, no limitation of response time on the part of DestinySphere can be discussed. Nevertheless, DestinySphere always strives to respond to questions regarding the support of Premium players within 48 hours, excluding legal holidays. The condition for fulfilling this obligation on the part of DestinySphere is the Client sending the request only to the specially designated email address for premium player requests premium-support@ru.destinysphere.com
2.27. The client undertakes not to manipulate the provided DestinySphere services in any way, in particular, manipulations with the source code are strictly prohibited.
Any form of decompilation and disassembly is absolutely prohibited. Actions of this nature will lead to the prosecution of the offender in accordance with current legislation.
2.28. DestinySphere provides no guarantee that the provided DestinySphere software is free of viruses, trojans, or other harmful programs.
2.29. DestinySphere also provides no guarantee of the timeliness, correctness, completeness, or quality of the information on the web pages that are posted on the internet DestinySphere or its voluntary assistants.
2.30. No information or advice posted on the internet by DestinySphere, its representatives, or voluntary assistants can be considered an absolute source of information or one hundred percent verified information. DestinySphere assumes no responsibility for indirect losses or expenses of any other kind that the Client may incur as a result of using incorrect information.
2.31. DestinySphere does not assume any responsibility for the activities of volunteers or moderators in the game, forum, or correspondence. DestinySphere does not assume any responsibility for possible losses or expenses of any other kind that the Client may incur as a result of using these services.
2.32. In case of refusal to provide a Premium account or termination of this Agreement by DestinySphere for any reason whatsoever, DestinySphere is always considered the final and ultimate authority, and may, but is not obligated to, provide the Client or their representative with explanations of the decisions made.
In case of unjustified termination of the Agreement by DestinySphere while the Client's prepaid Premium subscription is active, the monetary value of the unused time of the Premium subscription will be refunded to the Client.
2.33. DestinySphere is declared free from any liability and guarantees, except in cases where liability and/or guarantee is provided directly by DestinySphere. DestinySphere is not responsible for force majeure circumstances or possible unforeseen actions and losses.
2.34. By registering their account in the game, the Client agrees to receive newsletter DestinySphere.
3. Payment options and conditions
3.1. DestinySphere offers clients the following payment options:
a. Electronic debit from a current account for common electronic money. With this method, the Client can use their Premium account immediately.
b. Bank transfer. The transfer is made manually by the Client through the bank each time. With this payment method, access to the Premium account is granted only after the payment is confirmed by the bank handling the account of DestinySphere.3.2. In the case of electronic debit from the Client's account, the Client must independently ensure that the account has sufficient funds. In case of a bank's chargeback due to insufficient funds in the Client's account, DestinySphere will charge the Client for the resulting expenses.
3.3. Each payment period that has begun means that from this moment on, neither partial nor full refund of funds paid for that period is possible.
3.4. Funds paid for periods that have not yet begun can be refunded upon the client's request within a 10-day period.
3.5. In case of dissatisfaction with the DestinySphere service, the Client requests to terminate the contract via E-Mail/Mail, after which DestinySphere will refund the money to the client in accordance with clause
3.4. Expenses related to refunding funds to the Client are borne by the party that terminated the contract.
3.6. Non-use of the paid Premium account by the Client does not entitle the Client to a refund of the money paid.
3.7. DestinySphere has the right to deactivate Premium access without prior notice if the Client has not paid for the next subscription period by the first day of its occurrence. Furthermore, the Premium account may be canceled by automatic control systems. DestinySphere reserves the right to notify the Client via email about the upcoming billing period
3.8. DestinySphere reserves the right to change tariffs. Tariffs can be changed in any direction. DestinySphere notifies the Client of new tariffs within a reasonable period and at least one month before they come into effect. Changes to existing tariffs do not take effect until the end of the Premium subscription period paid for by the Client. The Client has the option to refuse the new tariff conditions and terminate their Premium account.
3.9. Invoicing and sending invoices to the Client is usually done only upon the Client's request to their email address. However, invoices for electronic debit from the account and for manual bank transfers are generated automatically, so they must be checked in the Premium account administration section and printed if necessary. Sending invoices by mail is not provided, except in exceptional cases. In these cases, postal costs are paid separately by the Client.
3.10. The Client is entitled to compensation only if the claim made by them is recognized as indisputably valid.
4. Agreement term and termination conditions
4.1. The contract comes into force upon registration of the Premium account and lasts for the selected payment period. With electronic debit from the account, the contract can be terminated at any time before the next payment period begins. In the case of manual bank transfer, no special termination is required; the contract is automatically canceled from the end of the payment period, and if it is extended, the contract must be concluded again. If the contract is terminated prematurely, it is automatically extended for the duration of the currently selected payment period.
4.2. Upon expiration of the Premium subscription, the Client retains their regular free game account but loses access to Premium worlds.
4.3. DestinySphere reserves the right to temporarily or permanently terminate the Premium subscription agreement without prior notice to the Client in case of:
- insolvency,
- if the Client provided knowingly false information during Premium registration that they cannot confirm,
- non-compliance by the Client with the Free Version Game Rules and/or the terms of this Agreement
- copyright infringement,
- non-compliance by the Client with the Code of Conduct in the game "Destiny Sphere" (addendum I to this Agreement)
- Client behavior that can be considered by DestinySphere as a violation of its interests and/or the interests of the game community.
4.4. In case of temporary closure of the Client's account or termination of the contract by DestinySphere for the reasons stated above, the Client loses access to their Premium account and game account, as well as the data stored therein, and loses the right to partial or full refund of paid funds.
5. Data protection
5.1. The Client guarantees that all data provided by them and placed on the internet pages of DestinySphere complies with the legislation of the Russian Federation.
5.2. Client data is stored only as long as required under this agreement. The Client has the right to request information about the data collected about them at any time.
5.3. The Client is informed about the type, scope, location, and purpose of data collection, and agrees to its processing and storage. Personal data of the Client may be transferred to third parties only by court decision or by other legally prescribed procedures.
6. External links
6.1. DestinySphere is not responsible for the content of links to external internet pages.
7. Changes to agreement terms
7.1. DestinySphere reserves the right to change or supplement the terms of this Agreement in the future. The Client undertakes to regularly check these terms for any changes or additions. If the Client continues to use the services of DestinySphere, they automatically agree to all changes to the Agreement, including all additions.
7.2. DestinySphere is authorized to change the relevant terms of use, tariffs, and the qualitative content of the game service. The Client is informed of any changes via email. The relevant change becomes part of the existing contract between the parties, unless the Client notifies of their disagreement in writing or via email within 2 weeks from the announcement of the change.
7.3. If individual provisions of these General Terms and Conditions are declared invalid in whole or in part, this will not affect the legal validity of the remaining provisions.
7.4. DestinySphere is authorized to assign rights and obligations under this contract to a third party or to entrust third parties with the full or partial provision of services.
19.07.2004, Saint Petersburg
Addendum I
"Destiny Sphere". http://www.destinysphere.ru A new multiplayer strategy game with elements of RPG (Role Playing Game) in an internet browser window.
The game is built on Macromedia Flash technology. This allows it to combine the visual advantages of offline strategy games with the main advantage of browser games - the ability to play with thousands of real opponents worldwide. Many revolutionary inventions make "Destiny Sphere" an absolute novelty in the gaming world. The game is timeless - each player can infinitely develop their game world - their comb.
Premium subscription benefits:
All game functions are available.
Ad-free!
The game surface image will not be overloaded with every player action. The comb will be constantly available, while the loading time will be significantly reduced.
The game interface is always displayed in full screen!
Player actions will be serviced by the server first, each of your actions will be processed by the server with priority, regardless of the load.
More game worlds, additional game worlds for premium players.
Premium support. Prompt answers to your questions. Premium forum.
More comfort and convenience during the game. Further innovations in convenience are under development.
You can opt out of the premium version at any time, no obligations or risks in the test premium version, game accounts in all game worlds remain even after the premium subscription or test premium version expires!
Upon expiration of the premium subscription or test premium version, an automatic conversion to the standard version follows.
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