1.1. The Present User Agreement (hereinafter referred to as “Agreement”) regulates conditions and procedures for the provision of services by the website http://goldenbirds.biz, hereinafter addressed to as “Facilitating Agent”, and is superscribed to a natural person (hereinafter referred to as “Participant”) to be accommodated by the mentioned website.
1.2. Before services obtainment begins a Participant accepts all terms of the Present Agreement self-evidently, outright and completely, and in case the Participant disagree to any term of the Agreement, the Facilitating Agent suggests refusing his services provision.
1.3. Both Facilitating Agent and a Participant accept procedures and form of execution of the Present Agreement to be of equal legal force with an agreement executed in written form.
1.4. Administration of GoldenBirds.Ru reserves it’s right for any amend and supplement in the User Agreement and the website without Participants’ notification.
2. Terms and conditions.
The game is a kind of activity with aim to meet needs of a person in entertainment, pleasure, stress-relief, and also to develop certain skills and abilities, in form of free self-expression of a person, not connected with achieving practical goals, and delivering joy in themselves. The game acting area is a Gaming area of physical devices and computer software, allocated in WAN Internet, intended for leisure-time activities organization.
The game « goldenbirds.biz» , economic game «Virtual online money» - is special and unique name of hardware and software package, owned by the Facilitating Agent and located at Internet URL http://goldenbirds.biz , which is the Facilitating Agent tool for providing Participants with services of their leisure time in the procedures of the Present Agreement and upon its terms.
Gaming inventory — is conditional unit for game participation, entitled “Silver”, which storage and discount place is Participants’ online accounts in the format of accounting system of the Gaming area « http://goldenbirds.biz».
Game account – is a Participant virtual account, provided by the Facilitating Agent for each Participant in the Gaming area for gaming inventory (Silver) discount.
3.1. The subject of the Present Agreement is provision of services by the Facilitating Agent aimed at leisure-time activities within the game « http://goldenbirds.biz» according to terms and conditions of the Present Agreement. By such services, more specifically, the following are: gaming inventory (Silver), relevant information: game account flows, Participants identification and safety measures provision, development of software, integrated in software and hardware package and external applications, information and other services necessary for game organization and Participants support in its course within Gaming area of the Facilitating Agent.
3.2. The game as a general principle, as well as any of its components or any related external gaming application, are designed solely for the purposes of entertainment. A participant acknowledges that all kinds of activities in the game within Gaming area are articles of entertainment for the Participant. A participant agrees to the fact that his gaming activity rate is available to different degree upon the Participant’s user account data.
3.3. A Participant agrees to be personally liable for all actions which effected gaming inventory (Silver), such as buys-in, buys-out, investment and withdrawal, and also for actions within the Gaming area: creation, buys-in-out, manipulations with all gaming elements and other attributes and objects being used for gaming process.
3.4. A Participant acknowledges that ability and rate of participation in entertainments at the Game server are substantive properties of services provided with.
4. Parties rights and liabilities
4.1 Participants rights and liabilities
4.1.1. To participate in the game « http://goldenbirds.biz» persons are to be of civil capacity according to the legislation of their domicile. All effects of this condition disregard assert liability against the Participant.
4.1.2. Playing manner and gaming activity rate are governed by a Participant, but can’t be not in compliance with the Present Agreement and Gaming area rules.
4.1.2. A Participant is obliged to:
22.214.171.124. Truly inform personal information when signing up and upon the first request of the Facilitating Agent deliver reliable details of his identity, which allow to identify him as gaming user account owner;
126.96.36.199. Refuse using the game for any actions, which are not in compliance with international legislation or the Participant domicile country legislation;
188.8.131.52. Never use undocumented distinctions (bugs) of software and it’s errors and immediately inform the Facilitating Agent about them, and also about identities using such errors;
184.108.40.206. Never use external applications of any kind for gaining advantages in the game;
220.127.116.11. Never use his affiliate hyperlink, as well as hyperlinks of the resource containing it, mailouts or any other kinds of messages in aid of advertising to persons, which have never shown desire to receive such ones(spam);
18.104.22.168. Limit no other participants or other persons access to the game, and obliged to treat other participants of the game and the Facilitating Agent, his partners and employees respectfully correctly, produce no clutter for the operation of the latter;
22.214.171.124. Refuse the Facilitating Agent and the game participants mislead;
126.96.36.199. Refuse foul language and obscenities of any kind usage;
188.8.131.52. Refuse to cast a slur on other participants and administration actions;
184.108.40.206. Refuse to pose violence or bodily harm threats to whomsoever;
220.127.116.11. Refuse distribution of materials propagandizing nonacceptance or hatred of any race, religion, culture, nationality, nation, language, policy, community, ideology or social movement;
18.104.22.168. Refuse advertising pornography, drugs and resources containing such information;
22.214.171.124. Refuse taking actions, terminology or jargon for window dressing of participant’s liabilities violations;
126.96.36.199. Personal care of necessary computer and other security measures, keep in secret and never deliver personal identification information, such as Login, user account password etc, over third party, allow unauthorized access to mailbox specified in the Participants user account. The whole of risks with unfavorable consequences of such information disclosure is the Participant’s responsibility, as the Participant agrees to the fact that Gaming area security system excludes delivery of Login, password and participant’s user account identity to third parties;
188.8.131.52. Personal responsibility for financing activities and deals, The Facilitating Agent is not responsible for financing activities, such as gaming inventory and game currency, as well as other game attributes, transfer handled among participants.
184.108.40.206. Be the first to report the participant’s complaint’s and claims to the Facilitating Agent in written form via “Contacts” page.
220.127.116.11. Gain familiarity with the game news and amendments of the Present Agreement and the game rules within gaming area independently and on a term basis. Users are obliged to READ ATTENTIVELY User Agreement and description of the project functions and services at least once a week (they may be undergone changes and amendments – check out clause 1.5), as poor awareness of the rules does not waive participants responsibility for their violations.
18.104.22.168. Never create additional profiles for increasing referral reward. This actions can encourage account block, or set to zero all accumulations.
22.214.171.124. don\'t pass silver or pay points to another player using \"Auction\" or \"Rock-Pillar-Scissors\".
4.2 Facilitating Agent rights and liabilities
4.2.1. The Facilitating Agent is obliged to:
126.96.36.199. Provide Participants with access to the Gaming area and game participation free of charge. A participant settles network connection and bears other expenses related to the present action.
188.8.131.52. Keep track of gaming inventory (Silvers) for gaming accounts of participants.
184.108.40.206. Develop hardware and software complex on a term basis, but doesn’t guarantee that software contains no errors, and hardware components will not fall outside the operational limits and will function faultless.
220.127.116.11. To follow privilege concerning Participants personal data as in clause 6 of the Present Agreement.
18.104.22.168. Bear accounts liability and provide equivalent market value of gaming inventory (Silver) at Participants gaming accounts. Market value of gaming inventory (Silver) is the following: 100 Silvers = 1 Ruble. Participants’ withdrawals are limited by payout capacity points’ availability of the Participants user accounts. One payout capacity point allows to withdraw one Ruble.
Payout capacity points are generated for:
- Your investments (40% of the investment);
- 1st layer referrals investments (30% of the investment);
- 2nd layer referrals investments (10% of the investment);
- 3rd layer referrals investments (5% of the investment);
- Investment of any Participant divides 5% of the investment among all Participants being active within previous 24 hours;
22.214.171.124. Any person legally having in possession gaming inventory (Silver) is ascertained in settlement of funds amount, defined by market value (of Silver), less and except given operation procedure cost.
5. Warranties and Obligations
5.1. The Facilitating Agent doesn’t warrant continuous and permanent access to the gaming area and its services, in case of occurrence of technical malfunctions andor unpredictable circumstances including the following: Internet providers malfunctioning operation or afunction, Information servers, banking systems and payment processors, and unlawful actions of third parties. The Facilitating Agent will exercise best efforts to prevent failures, but is not responsible for ad interim game failures and suspensions regardless of such failures reasons.
5.2 Participants agree that Facilitating Agent is not responsible for the Participants losses, which occurred due to the third parties unlawful actions, aimed at security breach of electronic aids and the game databases, or due to independent of the Facilitating Agent malfunctions, suspension or closedown of connections or networks, used for cooperation with Participants, and also unlawful or meritless actions of payment processors, as well as third parties.
5.3. The facilitating Agent is not responsible for losses, which occurred due to Participants usage or negligence of game descriptive information, game rules or the game itself, and is not responsible for losses and other damage, occurred due to participants unqualified actions and ignorance of the game rules or participants calculations mistakes;
5.4. A participant agrees to use gaming area voluntarily and at the participant’s sole risk. The Facilitating Agent doesn’t guaranty a Participant will do well out of game participation. Rate of participation is defined by the Participant himself.
5.5. The Facilitating Agent is not responsible before a Participant for other Participants actions.
5.6. In case of disputes and difficulties appearance within the gaming area, the Facilitating Agent’s decision is conclusive, and Participants accept it completely. All disputes and difficulties arisen out of or in connection with the Present Agreement are solved through negotiations. In case it is impossible to solve disputes and difficulties arisen out of or in connection with the Present Agreement through negotiations, they are subject to settlement according to the actual legislation of Belize.
5.7. The Facilitating Agent doesn’t bear taxation burden for Participants. A participant is obliged to include possible gained profits in his tax statement on his own according to the domicile country legislation.
5.8. The Facilitating Agent is entitled to alter the Present Agreement, gaming area rules and other documentation at his selection. In such case the Facilitating Agent posts the latest versions of documentation at gaming area website. All alterations come into effect since posted. A participant is entitled to rescind the Present Agreement throughout three days, in case he doesn’t agree to the alterations. In such case, termination of the agreement is carried out according to clause 5.9 of the Present Agreement. Participants are charged to visit the game official website in order to learn official documentation and news.
5.9. A participant is entitled to terminate the Present Agreement at his selection without conserving of his gaming account. At that all the expenses, connected with participation in the game, are not reimbursed and indemnified for. Game inventory (Silver), allocated at the gaming account of the Participant are the subject to return according to clause 126.96.36.199 of the present Agreement.
5.10. The Facilitating Agent is entitled to terminate the Present Agreement at his decision, and also take other actions to limit facilities in the game, with respect to A participant or a group of Participants, which are partators of detected violations of the Present Agreement terms and conditions. At that all gaming attributes, game inventory (Silver), allocated at the gaming accounts of the Participant or a group of Participants, as well as all expenses are not subjects to be reimbursed and indemnified.
5.11. The Facilitating Agent and the Participant waived responsibility in case of uprisal of circumstances beyond parties’ reasonable control (Force-majeure circumstances), which include but are not limited by the list: acts of elements, wars, fire (destructive fires), floods, explosions, terrorism, upheavals, civil disorder, acts and actions of legislative and executive potestas, hacker attacks, absence, afunction or power supply failures, Internet services providers, connection networks and other systems and services. The party, bearing such circumstances, is to inform the other one about such circumstances within reasonable time frame.
6.1. Confidential clause covers information, which the Facilitating Agent can get, about a Participant during the Participant’s lodgment at the game website, and which might be correlated to the certain Participant. The Facilitating Agent automatically receives and records technical information from your browser into server logs: IP address, requested URL etc. The Facilitating Agent may record, «cookies» into Participants computer and use them afterwards. The Facilitating Agent guaranty, that the data provided by Participants in the course of registration in the game are the subject for usage by the Facilitating Agent only within the game.
6.2. The Facilitating Agent is entitled to provide third parties with information about a Participants only in cases if:
6.2.1. A participant wished to volunteer such information;
6.2.2. It is required for a Participant to use a certain necessary product o service, in particular – names information (Nicknames), gaming attributes – accessible to other Participants;
6.2.3. It is required by the international legislation or authorities in compliance with course of law;
6.2.4. A participant violates the Present Agreement and rules of the gaming area.
7.1. Invalidity of a part or clause (sub clause) of the Present Agreement doesn’t suppose invalidity of the rest of clauses (sub clauses).
7.2. The Present agreement is valid through whole period of game area validity, that is unlimited timeframe, and is not expected to become expired.
7.3. When registering and visiting the game area, Participants acknowledge that they have read and accepted the Present Agreement terms and conditions, game rules and other official documentation.
7.4. Before services obtainment begins a Participant completely accepts all terms of the Present Agreement self-evidently, outright and completely. In case the Participant disagrees to any term of the Agreement, the Facilitating Agent suggests refusing his services provision.
In order to exclude to put it across (fraud) a Participant, The facilitating Agent notifies Participants before acceptance of website services exercise by the Participants that offered to the participant services are based on risk, occurring between several Participants of the game according to the established by the facilitating Agent rules of the present game.
Funds of Participants, necessary for game procedures provision (purchasing funds for gaming process, improvement of profits conditions by Participants etc.), accepted the Agreement terms and conditions, are allocated as stock purse of the Participants (players), which determines profits comprising. Therefore, the facilitating Agent notifies you, that the game is partially based on principles of financial pyramid and at any moment you can loose all the investments, and at that will not have any claims to the facilitating Agent of the website.
Withal, accepting the Agreement, a Participant acknowledges his accedence for usage of the game pool by the Facilitating Agent in order to organize and service the game among the Participants.
Final result of risks is gain. In the mean time the Facilitating Agent is obliged to best possibly reduce negative risk effect in the game, with purpose to involve natural persons to the website.
At any one time service provided in the form of the game is aimed at satisfaction of Participants’ needs, which he, by means of his acceptance of participation, defines and evaluates independently.
The present terms and conditions of the game and the rest of the website’s statements are not the Facilitating Agent’s desire to prompt emotions and feelings connected with vision of success (fervor).
7.5. The Agreement comes into force since a Participant has registered in the project.
FAST GROUP LLC
Address: NTL Corporate Services Ltd of Suite 301, Ground Floor, Blake Building, Corner Eyre and Hutson Streets, Belize City, Belize.
Owner: Lindsey Kearney