Public Offer Contract
1.1. This User Agreement (hereinafter - the Agreement) regulates procedure for and conditions of service provision by site http://puzwell.com/, hereinafter referred to as the "Organizer", and is addressed to an individual, who wish to get services of the mentioned site (hereinafter - the User).
1.2. The moment of conclusion of this User Agreement shall be deemed a moment of any interaction of the User with the site. Hereby the Users confirm their consent to all terms and conditions of the User Agreement.
1.3. The Organizer and the User acknowledge the procedure for and form of conclusion of this Agreement as having equivalent legal force like an agreement made in writing.
Terms and Definitions.
2.1. Game means a type of activity aimed at satisfaction of needs of a man for entertainment, enjoyment, stress relief, as well as development of specific skills and abilities in a form of free self-expression of a man not associated with achievement of practical purposes and brining joy to themselves.
2.2. Game service means a hardware and software system of physical devices and software based in the Internet global network and meant for organizing leisure and rest.
2.3. Game «http://puzwell.com/», intellectual on-line game «Puzwell» means a special and unique name of a game platform owned by the Organizer and based at the Internet sites http://puzwell.com/, on which the Organizer provides services to the User related with organization of his/her entertainment, leisure and rest according to the procedure and subject to conditions set forth in this Agreement.
2.4. Funds mean real money put by the Users by means of payment systems at the site http://puzwell.com/ in order to purchase entertainment services provided y this game service. These funds are accumulated on game account and may be withdrawn from the system in the events provided for by this Agreement.
2.5. Game account means a virtual account of a game user to be provided by the Organizer for each User in the game service in order to account for his/her funds.
2.6. Money prize means a remuneration paid by game system to a player for successful passage thereof, if that remuneration is provided for at the moment of a game creation. Conditions under which a game passage is deemed successful shall be prescribed by a User created that game only within context of a game interface and ules of a game.
2.7. Balance means an aggregate financial result of all complete finished transactions and operations on a game account.
Subject of the Agreement.
3.1. The subject of this Agreement is provision of services by the Organizer to a User to arrange for leisure and rest in a game «http://puzwell.com/» in accordance with the terms and conditions of this Agreement.
3.2. In particular, such services (clause 3.1) include the following: creation of games in game service (within limits of the base game «Puzwell»), as well as provision of access to games created by other Users, record of important information: movements on a game account, provision of measures for the purpose of identification and safety of Users, development of a software integrated into game service and external applications, information and other services necessary to create and pass games and to service Users in these processes in the Organizer's service.
3.3. A game in general and any its element or any interfaced external game application are created for entertainment purposes only. A User acknowledges that all types of activity in a game on a game platform are entertaining for him/her. A User agrees that, depending on an amount of funds on his/her game account, degree of his/her activity in the game service will be different.
3.4. A User agrees that he/she shall bear personal responsibility for all actions taken at creation or passage of games: fixing settings, downloading images, paying for entry into a game, paying money prizes, as well as for actions in game service: putting and withdrawal of funds, provision of that his/her account to third persons, etc.
3.5. A User acknowledges that a degree and an opportunity to take part in entertainments on a Game server are main properties of services rendered to him/her.
Rights and Obligations of the Parties.
Rights and Obligations of the User:
4.1.1. Persons, who have civil capacity under the laws of a country of their residence, may only replenish a game account and pay for services of the game service «http://puzwell.com/». All consequences of failure to meet this condition shall be imposed on a User.
4.1.2. A degree of participation in a game shall be determined by a User him-/herself, but may not contradict this Agreement and the rules of the game service.
A User shall be obliged:
188.8.131.52. to honestly give information about him-/herself upon registration and replenishment of a game account; to provide, on demand of the Organizer, reliable information on his/her identity allowing identifying him/her as a holder of an account in a game;
184.108.40.206. not to use the game service to take any actions contradicting the international laws and the laws of a country of residence of the User;
220.127.116.11. not to use undocumented features (bugs) and software errors of a game and to immediately inform the Organizer thereon, as well as about persons using those errors;
18.104.22.168. not to use external programs of any kind to get advantages in a game;
22.214.171.124. not to use postal mailing and other types of messages to persons not consented to obtaining the same (spam) to advertise created games;
126.96.36.199. to treat respectfully and correctly the users of the game service, as well as the Organizer, its partners and employees, not to make obstacles in work of the latter;
188.8.131.52. not to cheat the Organizer and Users of the game service;
184.108.40.206. not to use swear words and affronts in any form;
220.127.116.11. not to discredit actions of other players and the Administration;
18.104.22.168. not to threat anybody with violence and bodily harm;
22.214.171.124. not to disseminate materials propagandizing antagonism to or hatred of any race, religion, culture, nation, people, language, policy, state, ideology or social movement;
126.96.36.199. not to advertise pornography, drugs and resources containing such information;
188.8.131.52. not to make use of actions, terminology or slang to conceal violation of obligations of the User;
184.108.40.206. to take care on his/her own of required measures of computer and other safety, to keep in secret and not to disclose to other person or another User his/her identification details: login, password of an account, etc., not to permit unauthorized access to a mailbox stated in an account profile of the User. The User shall bear all risks of adverse consequences of disclosure of this information as the User agrees that information safety system of the game platform excludes transfer of a login, password and identification information on an account of the User to third persons;
220.127.116.11. to bear on his/her own personal responsibility for complexity of created games, as well as an amount of a prize fixed for a game and other settings. The Organizer shall not be liable for difficulties not of technical nature resulted from passing of a game by the User;
18.104.22.168. to notify first in writing the Organizer of his/her claims and complaints through "Contacts" page;
22.214.171.124. to regularly review on his/her own the game news, as well as changes in this Agreement and the game rules in the game service;
126.96.36.199. it is prohibited to use, when creating a game, images, which are objects of protection of copyrights. The User made such violation of this Agreement shall bear full responsibility for that action.
Rights and Obligations of the Organizer.
4.2.1. The Organizer shall be obliged:
188.8.131.52. to provide, without charging a fee, the Users with access to the game service and participation in free games. The User shall on his/her own and at his/her expense pay for access to the Internet and bear other expenses associated with this action;
184.108.40.206. to record funds on a game account of the User;
220.127.116.11. to regularly improve hardware and software complex, but not to guarantee that the Game software does not contain errors, and hardware part will not be short of operational characteristics and will function without fail;
18.104.22.168. to keep confidentiality in relation to personal data of the User according to clause 6 of this Agreement;
22.214.171.124. to publish any changes in a game rules on pages of the site http://puzwell.com.
126.96.36.199. Any User legally having positive balance on a game account and not violating provisions of this Agreement is guaranteed payment of funds in an amount not exceeding balance on that account.
4.2.2. The Organizer shall have the right:
188.8.131.52. to suspend this Agreement and to disconnect the User from any activity in the game service for a period of investigation on suspicion of the User in violation of this Agreement and the rules of the game service;
184.108.40.206. to review results of games of the User, in case it is ascertained that the User violates this Agreement or the rules prescribed in the game service, according to clause 5.10 of this Agreement;
220.127.116.11. to partially or fully discontinue provision of services without a notice to the User in the event of reconstruction, repair and preventive works in the game services.
18.104.22.168. The Organizer shall not be liable for incorrect functioning of a game software. The User shall use software based on principle "AS IS". If the Organizer ascertains that a failure (error) in operations of the service occurred during a game, then results, which came off during incorrect operation of software, may be cancelled or adjusted at discretion of the Organizer. The User agrees not to appeal against the Organizer for quality, quantity, procedure for and terms of opportunities and services provided to him/her;
22.214.171.124. to unilaterally change cost of its services;
126.96.36.199. to delete games created by the User in the game service, in case they violate provisions of this Agreement;
188.8.131.52. to preliminarily moderate any games created in the game service;
184.108.40.206. to encourage with a money prize the Users successfully passed a game. To encourage with funds the Users created a game with a money prize, which another User could not pass successfully.
Guarantees and Responsibility.
5.1. The Organizer does not guarantee continuous and ongoing access to the game service and its services in case of technical bugs and/or unforeseen circumstances, which include: inadequate operation or non-functioning of the Internet providers, information servers, banking and payment systems, as well as illegal acts of third persons. The Organizer will endeavor best efforts not to admit failures, but it shall not be liable for provisional malfunctions and breaks of a Game, irrespective of causes of such failures.
5.2. The User fully agrees that the Organizer cannot bear responsibility for loses of the User, which arise in connection with illegal acts of third persons aimed at violation of a safety system of electronic devices and data bases of a game or due to failures beyond control of the Organizer, suspension or termination of work of channels and communications networks used to interact with the User, as well as illegal or unreasonable acts of payment systems, as well as third persons.
5.3. The Organizer shall not be liable for losses incurred as a result of use or non-use by the User of information about the Game service, game rules and Game itself and it shall not be liable for losses or other damage caused to the User in connection with his/her unqualified actions and ignorance of game rules or his/her mistakes in calculations;
5.4. the User agrees that he/she uses the game service at his/her free will and at his/her own risk. The Organizer does not give the User any guarantee that he/she will turn to account or benefit from participation in a game. Degree of participation in games shall be determined by the User him-/herself.
5.5. The Organizer shall not be liable to the User for actions of other Users.
5.6. In case of disputes and disagreements on the game platform, the Organizer's decision shall be final, and the User shall fully agree with the same. All disputes and disagreements arising out of this Agreement or in connection herewith shall be settled by negotiations. In case it is impossible to reach agreement by negotiations, disputes, disagreements and claims arising out of this Agreement shall be settled in accordance with the effective legislation of the Great Britain.
5.7. The Organizer shall not bear tax burden for the User. The User undertakes to record on his/her own possible earned incomes in a tax return in accordance with the laws of his/her country of residence.
5.8. The Organizer may unilaterally amend this Agreement, the rules of the game service and other documents. In case amendments are made to the documents, the Organizer shall place latest versions of documents at the site of the game service. All amendments shall become effective from the moment of placement. The User is entitled to terminate this Agreement within 3 days, in case he/she does not agree with made amendments. In such a case the Agreement shall be terminated according to clause 5.9 of this Agreement. The User shall be obliged to regularly visit the Game official site in order to review official documents and news.
5.9. The User has the right to unilaterally terminate this Agreement without preservation of a game account. Moreover, all expenses associated with participation in games and creation thereof re not compensated to the User and shall not be refunded.
5.10. The Organizer has the right to unilaterally terminate this Agreement, as well as to take other actions restricting opportunities in the game service in relation to the User or a group of Users, which are parties to revealed violations of the terms and conditions of this Agreement. Moreover, all funds on a game account of the User or a group of Users, as well as all expenses shall not be refunded and reimbursed.
6.1. Confidentiality condition shall apply to information, which the Organizer may obtain on the User during a period of his/her stay at the site and which may refer to that individual User. The Organizer shall automatically obtain and record in server logs the technical information from your browser: IP address, address of requested page, etc. The Organizer may record «cookies» on a computer of the User and use the same afterwards. The Organizer guarantees that details informed by the User upon registration in the game service will be used by the Organizer inside the game service only.
6.2. The Organizer has the right to deliver personal information about the User to third persons only if:
6.2.1. the User wishes to disclose this information;
6.2.2. without this the User cannot enjoy desired product or service, in particular, information about names (user names), game attributes may be available for other Users;
6.2.3. this is required by the international laws and/or authorities subject to compliance with a legal procedure;
6.2.4. the User violates this Agreement and the rules of the game platform.
Payment for the service facilities and service provision.
7.1. Payment for the service facilities shall be made by using a respective section of the site. The user may choose a method of payment convenient for it and to pay an amount desired.
7.2. After the payment has been credited to the account of the game service (seller), the game service shall automatically credit that amount to the user's game account.
7.3. After the funds have been credited to the user's game account, the use may apply the funds to the extent of the service functionalities and this agreement.
Conditions of funds refund.
8.1. The Organizer shall undertake to consider the applications for refund of funds paid by the User for using the game service within 5 (five) days from receipt thereof.
8.2. The funds shall be refunded to the User, in case, after payment for services, the game service has been physically unavailable in the network due to technical failures of the hardware and software complex for more than 3 (three) days that has resulted in failure to provide services.
8.3. In the event that the User, after payment for services, has obtained the same in any scope, the Organizer shall be entitled to refuse that User to refund the funds.
8.4. The applications for funds refund shall be accepted by the Organizer at e-mail addresses stated in section "Contacts" of this site. After an application has been considered, if it is satisfied, the funds shall be refunded to the User's account in an amount of payment previously made by it, within 10 (ten) business days.
9.1. Invalidity of a part or clause (paragraph) of this Agreement shall not result in invalidity of all other parts and clauses (paragraphs).
9.2. The term of this Agreement shall be fixed for the entire period of he game service, i.e. for an indefinite term, and does not imply expiration of this Agreement.
9.3. By registering and staying in the game service the User acknowledges that he/she has read, understands and fully accepts the terms and conditions of this Agreement, as well as the game rules and other official documents.
9.4. The Agreement shall become effective from registration of the User in the project.
Project Organizer: http://puzwell.com/
All rights reserved.