Endbenutzer-Lizenzvertrag und Nutzungsbedingungen
1. Terms used in these Rules
1.1. The site Pickgamer.com (hereinafter referred to as the Site) is an Internet resource consisting of a set of (a) computer programs (software codes executed on a computer) and (b) information (Content) posted by the Administration and / or Users. The site Pickgamer.com is contained in the information system that ensures the availability of such information on the Internet at the network address (domain name): www.pickgamer.com (including all levels of the specified domain, both functioning as of the date of acceptance by the User of these Rules, and launched and entered in operation during the whole term of its operation).
1.2. The User of the Site is an Internet user who uses the service and / or functionality of the Pickgamer Site and performs any kind of interaction with the Site that does not violate these Rules or the current legislation of the country of his location.
1.3. The blogger is a user of the Pickgamer Site, who publish their materials in the Blogs section.
1.4. Additional functionality of the Site - program codes that are executed on the computer as part of Computer programs Pickgamer.com and perform certain additional functions of the Site.
2. Status of the Rules for the use of the Pickgamer Site2.1. These Rules for the use of the Website by Pickgamer.com (formerly the "Rules") have been developed by the Site Administration and determine the conditions for the use and development of the Site, as well as the rights and duties of its Users and Administration. The rules also apply to relations related to the rights and interests of third parties who are not Users of the Site, but whose rights and interests may be affected as a result of the actions of the Site Users.
2.2. These Rules are a legally binding agreement between the User and the Site Administration, the subject of which is the provision by the Administration of the Site of the User of access to the use of the Site and its functionality. In addition to these Rules, the agreement between the User and the Site Administration includes all special documents governing the provision of access to the use of a separate, including the Additional, functionality of the Site, located in the relevant sections of the Site on the Internet.
2.3. The User is obliged to fully familiarize himself with these Rules before registering on the Site. Registration of the User on the Site means full and unconditional acceptance by the User of these Rules.
2.4. These Rules may be amended and / or supplemented by the Site Administration unilaterally without any special notification. These Rules are an open and public document. The current version of the Rules is located on the Internet at www.pickgamer.com/rules/. The Site Administration recommends Users regularly check the conditions of these Rules for changes and / or additions. Continuation of the use of the Site by the User after making changes and / or additions to these Rules means acceptance and consent of the User with such changes and / or additions.
3. Status of the Pickgamer Site3.1. The rights to the Site as a whole and to the use of the network address (domain name) of pickgamer.com are owned by the Site Administration. The latter provides access to the Site to all interested persons in accordance with the present.
3.2. These Rules establish the conditions under which the rights to use information and the results of intellectual activity as part of separate sections of the Site may belong to users of the Site and other persons who independently created and / or posted these objects on the Site without the direct participation of the Site Administration.
4. Appeals to the Site Administration Pickgamer.com4.1. Appeals, proposals and claims of individuals and legal entities to the Site Administration in connection with these Rules and all questions regarding the functioning of the Site, violations of the rights and interests of third parties in its use, can be sent to the e-mail address [email protected] or by filling out the form feedback on www.pickgamer.com/feedback/.
4.2. No provisions of these Rules give the User the right to use the company name, trademarks, domain names and other distinctive signs of the Site Administration. The right to use the company name, trademarks, domain names and other distinctive signs of the Site Administration may be granted only by written agreement with the Site Administration.
5. Registration on the Pickgamer.com Site and User Status5.1. Registration of the User on the Site is free of charge, voluntary and conducted at the Internet address: www.pickgamer.com.
5.2. The User of the Site is an individual registered on the Site in accordance with the procedure established by the Rules, which has reached the age permitted in accordance with the laws of the State of its location for the purpose of accepting these Rules and having the appropriate authority (previously and hereinafter referred to as the User).
5.3. When registering on the Site, the User is obliged to provide the Site Administration with the necessary reliable and up-to-date information for the creation of the User's personal page, including the unique login for each User (e-mail address or combination of Latin letters and numbers to enter the Site) and the password for accessing the Site. The surname and the name the user specifies at will. The registration form of the Site may request additional information from the User.
5.4. The user is responsible for the accuracy, timeliness, completeness in the registration of information, and its cleanliness from claims of third parties.
5.5. After providing the information specified in paragraph 5.3. of these Rules, the User needs to undergo an authentication procedure, namely, to confirm registration by recognizing an automated test designed to distinguish computers and people ("CAPTCHA"). If the registration actions are performed correctly on the Site, a personal page of the User with a network address of the form www.pickgamer.com/players/number/ is created. The user has the right to register no more than one personal page on the Site.
5.6. Upon registration, the User agrees with these Rules and assumes the rights and duties indicated therein in connection with the use and operation of the Site. The user acquires full access to the use of the functionality of the Site.
5.7. After successful registration of the User on the Site, the Administration assumes the rights and obligations to the User specified in these Rules.
5.8. The processing of the User's personal data is carried out in accordance with the rules for processing personal data specified here
5.9. The login and password selected by the User are necessary and sufficient information for the User to access the Site. The user has the right to transfer their login and password to third parties, bears full responsibility for their safety, independently choosing the way of their storage. The user on the hardware-software used by him can authorize the storage of the login and password (using cookies) for subsequent automatic authorization on the Site.
5.10. If the User does not prove the contrary, any actions performed using his login and password are deemed to be committed by the relevant User. In case of unauthorized access to the login and password and / or the User's personal page, or the distribution of the login and password, the User is obliged to immediately notify the Site Administration in the established order.
5.11. After registration, the User obtains the right to create, use and determine the content of his / her own personal page and the terms of access of other Users to its content for personal non-commercial purposes. If the User uses third-party sites, data about the User's login and password and its data are not provided.
5.12. The user as the owner of information posted on his own personal page realizes that except for the cases established by these Rules, the Administration of the Site does not take part in the formation and use of content and control of access of other users to the User's personal page. By posting information on the personal page, including his personal data, the User is aware and agrees that the specified information may be available to other Internet users taking into account the architecture and functionality of the Site.
5.13. Creation and use of Communities (groups, guilds)
5.13.1. The user has the right to create groups, teams, guilds (further - Communities) for the purpose of informing other Users about any events, events, joint game. In the process of informing and discussing the Discussion Objects in the Communities, Users are required to post only such information that complies with these Rules, as well as recognized ethical norms and principles of morality, including those in the opinion of the Site Administration.
5.13.2. In the Community, including in the description, on the main photo of the Community, in news, discussions, surveys, content is not allowed (in the meaning provided for in paragraph 7.1.1. Of this Regulation) in whole or in parts without the prior permission of the right holder, and information provided for in 6.3.4. of these Rules. The user administering the Community is obliged to independently monitor and suppress the non-conforming posting of information in the Community and, if necessary, block access to the Community by using the functionality of the Site to users who violate these Rules.
5.13.3. In the Community, including in the description, on the main photo of the Community, in materials, discussions, surveys, etc., except for the cases directly established by this paragraph, third-party commercial and political advertising is not allowed. Third-party advertising is any information that is not directly related to the Community and its subjects, distributed in any form, either on behalf of the Community or on behalf of other communities and Users, and aimed at attracting the attention of Users to the object of advertising, forming or maintaining interest in it . The user administering the Community must independently monitor and prevent non-compliant placement of third-party advertising in the Community.
5.13.4. The Administration of the Site has the right, at its discretion, to form and post a list of recommended Communities based on their information value for users and other criteria.
5.13.5. The user bears full responsibility for his actions related to the creation and administration of the Communities in accordance with the current legislation of the state of his location, international legal acts and these Rules.
5.13.6. If the Community, the Community Administration or the Community members discover a violation of the lawful rights and interests of third parties, current legislation, and the provisions of these Rules, the Site Administration has the right, at its option, to take the following measures: (a) delete the Content and other information from the Community page and / or block access to them; (b) block specific users from accessing the Community page; (c) block access by the User administering the Community to the Community; (d) exclude the Community from the search system and / or block the Community.
5.13.7. In the event of violation by the Community of the procedure for placing third-party advertising (provided for by the Rules), the Site Administration has the right to restrict Community activities and to block the Community without the possibility of restoration.
5.13.8. Administrators and moderators of the communities are fully responsible for moderating and blocking Content placed on the pages of the communities under their control. In the case of the appearance on the pages of the controlled communities of Content that contradicts the Site Rules or the current legislation of the Russian Federation, administrators and community moderators are obliged to take measures to remove relevant materials from the pages of the communities under their control.
5.14. With regard to information about yourself, the User has the right: to delete the information previously posted by the User.
6. Duties of the User Pickgamer.com6.1. When using the Site, the User is obliged:
- comply with the provisions of the current legislation of the state of its location, these Rules;
- inform the Administration of the Site of unauthorized access to the personal page and / or unauthorized access and / or use of the User's password and login;
- do not provide access to other users to their own personal page or to the information contained therein in the event that this may lead to violation of the legislation and / or these Rules, special documents of the Administration of the Site;
- do not place on the personal page information and objects (including links to them) that may violate the rights and interests of others;
- before placing information and objects, preliminary assess the legality of their placement;
- to carry out a backup of the important information stored on its personal page for the User.
6.2. If there are doubts as to the legality of the implementation of certain actions, including the placement of information or the provision of access, the Site Administration recommends refraining from implementing the latter.
6.3. When using the Site, the user is prohibited from:
6.3.1. register as a User on behalf of or in lieu of another person ("fake account") or register a Community with an existing name.
6.3.2. to mislead Users regarding their identity, using the login and password of another registered User;
6.3.3. distort information about yourself, your age or your relationships with other users;
6.3.4. download, store, publish, distribute and provide access to or otherwise use any information that:
(a) contains threats, discredits, offends, defames honor and dignity or business reputation or violates the privacy of other Users or third parties;
(b) violates the rights of minors;
(c) is vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature involving minors;
(d) contains scenes of inhuman treatment of animals;
(e) contains a description of the means and methods of suicide, any incitement to commit it;
(e) promotes and / or promotes racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
(g) contains extremist materials;
(h) promotes criminal activity or contains advice, instructions or guidelines for the commission of criminal acts;
(i) contains information of limited access, including, but not limited to, state and commercial secrets, information on the privacy of third parties;
(k) contains advertising or describes the attractiveness of the use of narcotic substances, including "digital drugs" (sound files that affect the human brain due to binaural beats), information about the distribution of drugs, recipes for their manufacture and tips for use;
(k) is fraudulent;
(m) and also violates other rights and interests of citizens and legal entities or the requirements of the legislation of the state of their location.
6.3.5. illegally upload, store, publish, distribute and provide access to or otherwise use the intellectual property of Users and third parties;
6.3.6. to carry out mass mailing of invitations about joint game;
6.3.7. Use the software and carry out actions aimed at disrupting the normal operation of the Site or users' personal pages;
6.3.8. download, store, publish, distribute and provide access to or otherwise use viruses, trojans and other malicious programs;
6.3.9. use automated scripts (programs, bots, crawlers) to gather information on the Site and / or interact with the Site and its functionality without the special permission of the Site Administration;
6.3.10. by any means, including but not limited to, by deception, abuse of trust, hacking, attempting to access the login and password of another User;
6.3.11. to carry out illegal collection and processing of personal data of other persons;
6.3.12. to use the Site in a different way, except through the interface provided by the Administration of the Site, except for cases when such actions were directly allowed to the User in accordance with a separate agreement with the Administration;
6.3.13. reproduce, duplicate, copy, sell, execute trading operations and resell access to the use of the Site, including its Additional Functionality, for any purpose, except for cases when such actions were directly authorized by the User in accordance with the terms of a separate agreement with the Administration ;
6.3.14. place commercial and political advertising outside of the special sections of the Site established by the Site Administration;
6.3.15. place any other information that, according to the personal opinion of the Administration, is undesirable, does not correspond to the purposes of creating the Site, infringes the interests of Users or, for other reasons, is undesirable for posting on the Site;
6.3.16. carry out independently or on behalf of other Users using the functionality of their account, including by misleading or promising to encourage, including using any programs, automated scripts, mass one-type actions aimed at artificially increasing the indicators of the counters of the Site.
6.4. The user is personally responsible for any information posted on the Site, informs other Users, as well as for any interactions with other Users, carried out at their own risk.
6.5. In the event that the User disagrees with these Rules or their updates, the User must refuse to use the Site, informing the Site Administration accordingly.
7. Terms and Conditions of Intellectual Rights7.1. Exclusive rights to Content posted on the Site.
7.1.1. All objects posted on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, and other objects and their collections (hereinafter referred to as Content) are objects of the Administration's exclusive rights, all rights to these objects are protected .
7.1.2. Except as provided in these Rules, no Content may be copied (reproduced), reprocessed, distributed, displayed in a frame, published, downloaded, transmitted, sold or otherwise used in whole or in part without the prior permission of the copyright owner, except when the copyright holder explicitly expressed his consent to the free use of the Content by any person. Reproduction, copying, collection, systematization, storage, transfer of Content for the purpose of creating a database for commercial and / or non-commercial purposes and / or use of the Content in full or in any part thereof, regardless of the method of use, without the consent of the Administration is not allowed.
7.1.3. The user posting the Content on the Site, which is legally entitled to it, grants to other users the non-exclusive right to use it exclusively within the framework of the functionality provided by the Site, by viewing (including copying) and other rights solely for the purpose of personal non-commercial use, unless such use causes or may cause harm to the protected interests of the right holder.
7.1.4. Use of the Content by the User, access to which is obtained solely for personal non-commercial use, is allowed provided all the copyright (copyright) or other notices of authorship are preserved, the author's name remains unchanged, and the work remains unchanged.
7.1.5. The User also grants to the Administration of the Site a non-exclusive right to use, on a free-of-charge basis, Content posted on the Site and legally owned Content in order to provide the Site Administration with the functioning of the Site in the amount determined by the functionality and architecture of the Site. This non-exclusive right is granted for the term of the Content on the Site and extends to the territories of countries all over the world. The Administration of the Site has the right to transfer the rights specified in this paragraph to third parties.
7.1.6. In addition to its own Content, the User does not have the right to download or otherwise communicate to the public (publish on the Site) the Content of other sites, databases and other results of intellectual activity in the absence of the expressly expressed consent of the Site Administration for such actions.
7.1.7. Any use of the Site or Content, except as permitted in these Rules or in the case of express consent of the Site Administration for such use, without the prior written permission of the copyright holder, is strictly prohibited.
7.1.8. Unless otherwise expressly stated in these Rules, nothing in these Rules can be considered as the transfer of exclusive rights to the Content.
7.2. Responsibility for violation of exclusive rights.
7.2.1. The User is personally responsible for any Content or other information that it downloads or otherwise makes public (publish) on the Site or with its help. The User does not have the right to upload, transmit or publish Content on the Site, unless he has the appropriate rights to perform such acts, acquired or transferred to him in accordance with the laws of the country of his location. If a violation of rights is found for filing complaints, the User has the right to apply to the Site Administration in the order established by the Rules.
7.2.2. The Site Administration may, but is not obligated to, view the Site for the presence of prohibited Content and may remove or move (without notice) any Content or users in its sole discretion, for any reason or for no reason, including without limitation the movement or removal of Content that, in the personal opinion of the Administration, violates these Rules, the law and / or may violate the rights, cause harm or threaten the safety of other Users or third parties.
8. Operation of the Site Pickgamer.com and the responsibility in its use8.1. Users are responsible for their own actions in connection with the creation and posting of information on their own personal page on the Site, as well as in connection with the posting of information on the personal pages of other Users and in other sections of the Site in accordance with applicable law. Violation of these Rules and current legislation entails civil, administrative and criminal liability.
8.2. The Site Administration provides the technical possibility of its use by Users, does not participate in the formation of the contents of the User's personal pages and does not control and is not responsible for the actions or omissions of any persons regarding the use of the Site or the formation and use of the contents of the User's personal pages on the Site.
8.3. In the information system of the Site and its software, there are no technical solutions that automatically censor and monitor the actions and information relationships of Users on the use of the Site, except for special technical solutions that can be implemented by the Administration in order to prevent and suppress violations of the rights of third parties to the results of intellectual activity.
8.4. The Administration reserves the right at any time to change the design of the Site, its contents, functionality, modify or supplement the scripts, software and other objects used or stored on the Site, any server applications at any time with or without notice.
8.5. The Site Administration does not pre-modulate or censor users' information and takes actions to protect the rights and interests of individuals and ensure compliance with the requirements of the law only after the interested person has contacted the Site Administration in accordance with the established procedure.
8.6. The Administration of the Site is not liable for the violation of these Rules by the User and reserves the right, at its own discretion, and also when receiving information from other users or third parties about violation of these Rules by the User, modifying, blocking or deleting any information published by the User, violating the prohibitions established by these Rules, suspend, restrict or terminate the User's access to all or any of the sections or functions of Sai and at any time for any reason or without giving any reason, with or without notice thereof. The Site Administration reserves the right to delete the User's personal page and / or suspend, restrict or terminate the User's access to any of the functionality of the Site if the Administration finds that in its opinion the User poses a threat to the Site and / or its Users. The Administration of the Site implements the measures described above in accordance with applicable law and is not responsible for the possible negative consequences of such measures for the User or third parties.
8.7. Deletion of the User's personal page means the automatic deletion of all information placed on it, as well as all the information of the User entered during registration on the Site. After deleting the personal page, the User loses access to the use of the Site.
8.8. The Administration of the Site ensures the functioning and operation of the Site and undertakes to promptly restore its operability in the event of technical failures and interruptions. The Administration of the Site is not responsible for temporary failures and interruptions in the operation of the Site and the loss of information caused by them.
8.9. The Administration of the Site has the right to dispose of statistical information related to the functioning of the Site, as well as the information of the Users to ensure the targeted display of advertising information to different audiences of the Site Users. For the purposes of organizing the operation and technical support of the Site and the implementation of these Rules, the Site Administration has the technical ability to access the User's personal pages, which it implements only in cases established by these Rules.
8.10. The Administration of the Site has the right to send to the User information about the development of the Site and its functionality, as well as to advertise its own activities.
8.11. Limitation of responsibility of the Site Administration:
8.11.1. SITE AND ITS FUNCTIONAL, INCLUDING ALL SCRIPTS, CONTENT AND SITE MAKING ARE PROVIDED "AS IS". ADMINISTRATION DISCLAIMS ALL WARRANTIES THAT THE SITE OR ITS FUNCTIONALITY MAY APPROVE OR NOT APPROVE FOR SPECIFIC USE OBJECTIVES. ADMINISTRATION CAN NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE AND / OR ITS FUNCTIONAL;
8.11.2. TO AVOID UNKNOWLEDGMENTS, THE USER SHOULD FOLLOW THE PRECAUTIONS IN THE DOWNLOAD FROM THE SITE OR BY THE LINKS PUT ON THERE, AND USE OF ANY FILES, INCLUDING THE SOFTWARE. SITE ADMINISTRATION HIGHLY RECOMMENDS TO USE ONLY A LICENSE, INCLUDING ANTI-VIRUS, SOFTWARE;
8.11.3. BY USING THE SITE, YOU AGREE THAT download from the site OR ITS MEANS ANY MATERIALS AT YOUR OWN RISK AND personally liable for the possible use of these materials, INCLUDING ANY DAMAGES THAT MAY CAUSE user's computer or to third parties, LOSS OF DATA OR ANY OTHER HARM;
8.11.4. IN NO EVENT SHALL THE SITE ADMINISTRATION OR ITS REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES, INCLUDING LOST PROFITS, OR LOST DATA, INJURY honor, dignity or business reputation, ARISING IN CONNECTION WITH THE USE OF THE SITE, CONTENT SITE OR OTHER MATERIALS TO WHICH YOU OR OTHER PERSONS RECEIVED ACCESS BY THE SITE, EVEN IF THE SITE ADMINISTRATION WARNED OR INDICATED THE POSSIBILITY OF SUCH DAMAGE.
9. Transfer of funds from subscribers to bloggers9.1. The Pickgamer website provides users with the technical opportunity to provide financial support to the Blogors in the form of a transfer of funds. Pickgamer is responsible for money transfers and for technical serviceability of the service. Cash remains on the Pickgamer accounts until they are claimed by Blogler. The blogger can find out the balance of his account in his personal account at any time. The blogger can at any time request withdrawal of funds taking into account available at the time of the request for withdrawal methods, taking into account the withdrawal commission described below.
9.2. In the event that the User has transferred money to the Blogger, a refund is not possible.
10. Final Provisions10.1. These Rules constitute an agreement between the User and the Site Administration regarding the use of the Site and its functionality and replace all previous agreements between the User and the Administration.
10.2. In case of any disputes or disagreements connected with the implementation of these Rules, the User and the Administration of the Site will make every effort to resolve them by negotiating between them. In the event that disputes are not resolved through negotiation, disputes shall be resolved in accordance with the procedure established by applicable law.
10.3. These Regulations shall enter into force for the User from the moment of their accession to them and shall be valid for an indefinite period.
10.4. If for one reason or another reasons one or several provisions of these Rules are found to be invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions.