User agreement

User Agreement
Version 1.0
04.06.2021

TERMS OF USE

THESE TERMS OF USE ARE BINDING ON EVERYONE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE IN WHOLE OR WITH ANY PART OF THEM, YOU MUST STOP USING THE SERVICES IMMEDIATELY.

These Terms of Use (hereinafter referred to as “UP”) are an agreement that is concluded between Maska (hereinafter referred to as “we”) and you (hereinafter referred to as “You”). The latter includes: Users, Premium Users, as well as our Partners, Game Masters and Advertisers, and other individuals and legal entities using our 3D Worlds online, or accessing our websites.

You agree that when accessing any part of our websites or using the virtual 3D world (hereinafter referred to as the “Services”), you are obliged to follow these Terms of Use. We reserve the right to change the UP from time to time, and your use of the services after each such modification will mean your acceptance of the changes made to the UP. Therefore, it is important that you get acquainted with the new edits in a timely manner, which you can find out about by changing the number of the current version of the UP.

I. ENSURING SECURITY

We try to make our Services as secure as possible, but we cannot guarantee this. To achieve this task, we need your assistance, which includes: the execution of these UP, as well as participation in our Global Justice System and internal complaint procedures designed to resolve disputes concerning personal and virtual property.

In particular, you agree to the following:

  1. When using the Services, you should not harm other Users. You must not harm, coerce, intimidate, threaten, harass, harass any other User, or make rude, offensive or defamatory remarks about any User, or do anything else that any sane person would consider unacceptable. Services are a virtual version of the real world, including its standards of behavior. You are not allowed to do anything towards another User of the Services that would be immoral, harmful or illegal in the real world.
  2. You must not harm anything related to the Services or their resources (for example, design tools, hardware or software, including chat rooms, forums, public and private places). Prohibited actions include, but are not limited to: the release of viruses or other hostile programs, disabling or harming any of the systems and services, blocking the software of the Service, phishing or using automated means of access (such as bots, robots, search agents, etc.), fraudulent actions, including, but not limited to, counterfeiting virtual currencies. You must not illegally acquire virtual currency or any other virtual object, as well as use them if they are obtained through account hacking, phishing or automatically generated scripts, as well as other methods not provided for by these UP. You must not disseminate information about automatically generated scenarios or the scenarios themselves, encouraging or helping others to acquire virtual currency or any other virtual objects illegally or in violation of the data of the UP. We reserve the right to decide which actions amount to harm to the Service. If certain standards of behavior are applied in some regions of the Service, you must follow these standards.
  3. The software (Software Platform, etc.) that controls all aspects of the Service is protected by copyright, and we have the right to resort to legal proceedings against persons who attempt to hack, decompile, disable or distribute unauthorized copies of said software.
  4. You should not use the Service to send spam emails, as well as send other inappropriate messages, for example, unrelated to the topic of the forum or the same type of messages (flood) in general and / or personal chats.
  5. Each individual User must not register more than 5 (five) accounts without our permission. The use of multiple accounts may lead to a limitation of the maximum amount of virtual currency that can be earned through certain actions, in particular, the restriction may be imposed on the basis of one day, or on a separate account, or both in combination. If you have registered more than one account, then you should not try to hide the connection between your accounts from us.
  6. Our Game Masters, as well as the company’s employees, are authorized by us to moderate actions in the virtual 3D World, and they can take appropriate actions in case of a violation of the UP data. Game Masters and employees are investigating data breaches of the UP. Filing false complaints is the direct basis for the complete disconnection of the User from the Service.

II. PERSONAL INFORMATION

Maintaining the confidentiality of your personal information is very important to us. The following are the main principles of our Privacy Policy :

  1. Your profile is available to all other users of the Virtual World Network. You can restrict access to your information BY CHANGING YOUR PERSONAL PROFILE SETTINGS.
  2. You should independently consider possible issues related to confidentiality and your personal security before disclosing your personal information to other Users. It is ABSOLUTELY forbidden to distribute or publish any other User’s personal information without their consent. You may not post photos of any other User without their special written consent, duly executed. These restrictions apply to information or photos obtained or distributed through the use of the Service.
  3. We are not responsible for the violation of the confidentiality of your personal information by other Users.
  4. The User agrees to receive informational electronic messages from us to the email address and/or subscriber phone number specified by you when working with the Service (hereinafter — “notifiers”).
  5. We have the right to use notifiers to inform the User about changes and new features of the Service, about changes to the Agreement or Mandatory Documents specified in it, as well as for newsletters of an informational or advertising nature.

III. CONTENT AND VIRTUAL PROPERTY.

  1. We respect the rights to intellectual and other types of property (hereinafter referred to as “Property”). In our work, we adhere to the set of standards contained in the International Intellectual Property Agreement (“IP”), as far as possible, since the Virtual World is a global platform that unites people from different countries with different jurisdictions. When we use the term “property”, we do it only for the convenience of discussing virtual objects. It is important to note that the rights of users to virtual objects are limited, the latter only serve to improve the quality of the virtual experience within the framework of the services provided and have no value in the real world. The word “Property” is used here solely for convenience and does not imply the existence of any real value of the objects to which it refers.
  2. You should always respect other people’s property. The term “property” includes objects that belong to the Service or belong to other users, including, but not limited to the following: information, software, scripts, codes, animations, textures, virtual objects, avatars, videos, photos, graphics, pointers, text and any other unique content presented as separate elements, or combined in a certain way, for example, streets, alleys and other virtual spaces and premises, virtual currency, as well as forum posts.
  3. You should not intentionally create new ones (update old ones) forum posts to change browsing statistics data.
  4. You must refrain from theft, destruction, deletion or other actions in relation to virtual property that would be unacceptable or illegal in the real world.
  5. You must not use other people’s property without their written permission. This includes the use of our Property: our copyrighted materials (including, but not limited to, software, codes, scripts, designs, textures, virtual objects, signs, signs, texts, videos, slogans, avatars, and other similar elements), or elements of any part of the Service, and also elements of our trademark and corporate identity or our other trademarks or brands that we can subsequently develop. It is also prohibited to use any trademarks that mislead by their external similarity to ours, without our written permission.

THIS MEANS THAT ANY OTHER VIRTUAL 3D WORLD, PARTNER OR OTHER WEBSITE SHOULD NOT MISLEAD BY COPYING THE APPEARANCE OF OUR SERVICES, AS WELL AS IMPERSONATE THE LATTER.

However, our Partners are authorized to use the promotional materials provided to them to link their services to the network. These restrictions are only in addition to any other rights that we have with respect to our intellectual property, and nothing in these Terms limits our rights to our intellectual property, including our right to apply to the appropriate authorities.

  1. We do not check the materials (hereinafter referred to as “content”) posted by users via Sevis and are not responsible for such content. We are also not responsible for any content uploaded or streamed by users. We will enforce these Terms of Use in the case of illegal or offensive content when this is reported to us.
  2. We are not responsible for any content posted on third-party websites, even if there are mutual links.
  3. If we decide that the posted material is illegal, may be illegal, violates the data of the UP or is unacceptable for other reasons (based on our own discretion), for example, as a result of a request from law enforcement agencies, the content owner, the User, another third party, or otherwise, in this case, we reserve the right to delete, block access to or move such content, as well as delete links associated with it. You are solely responsible for all content posted by you.
  4. In our work, we adhere to the methods established in the United States Digital Millennium Copyright Act (DMCA). Please keep in mind that any complaint of copyright infringement may become part of the court record, may be sent to the opposite party to give it the opportunity to appeal, may be provided by us to the appropriate authorities in the framework of the judicial process, or may be made public in another way.

IF YOU ARE THE COPYRIGHT OWNER:

We need to receive a Complaint from you about unauthorized use of content. Keep in mind that this is an official document, and we will rely on the information provided in it in our investigation.

NOTE: We require that any complaint related to copyright infringement include a claim that the use of the content is unauthorized. We will not accept complaints from third parties, as they are not authorized to determine which use is authorized and which is not. If you are NOT the content OWNER and not his authorized agent – do not file a complaint.

Regardless of what exactly is provided by the local legislation of the country in relation to such complaints or DMCA complaints about copyright infringement, our response to these notices may include the removal or disabling of access to the content, the copyright of which is allegedly infringed. If we delete or disable access in response to such a Notification, then we will make a good-faith attempt to contact the content owner or the administrator of the affected page or site so that they can file a counter notification/complaint. After receiving a counter notification, we may allow the re-posting of the content in question. Repeated placement of deleted content without our permission will lead to the termination of the provision of the Service to the offending User.

We also keep records of these notifications and will suspend or disable accounts according to the following procedure: in case of the first violation, the account of the offending User will be suspended. In case of a second violation, the provision of the Service will be completely terminated. In case of filing a false complaint, the provision of the Service will be completely terminated and you will be liable for other penalties according to the local laws of your country, especially the DMCA in the United States, where there are serious penalties for filing false complaints.

Nothing in these Terms of Use restricts our rights to enforce (or not enforce) actions related to copyright protection.

  1. You have the right to distribute only the content that belongs to you and does not violate anyone’s rights. If the content does not belong to you, but you wish to post it, then in this case you must obtain and be able to present the written permission of the copyright holder to use such content.
  2. We have no obligation to protect your content or the content of another owner. If you distribute the content of another owner on the basis of written permission, then you are also obliged to inform this owner that you, and not us, are responsible for everything that happens with their content.
  3. If you distribute your own content or content with the permission of other Users, including photos, music, or other audio and video files, logos, etc. on the Service, then WE DO NOT REQUIRE YOU TO GRANT US OWNERSHIP OF YOUR CONTENT. But since you publish your content through our Services, you grant us some rights to your content. In particular, you grant us a non-exclusive right to publish your content with the possibility of transferring it to third parties an unlimited number of times, both in Russia and abroad, including the design of your avatar (hereinafter referred to as the “License”).

This License ends automatically when you remove your content from the Service, except for the following conditions:

a) Deleting cached or pre-installed content, as well as compiled copies of software and other materials used in the Service, may take some time. Accordingly, the validity period of the License is extended for this period.

b) If we have recorded what is happening in the Service, collected data, videos or static images to create promotional or promotional materials with the participation of you or your content, then the License does not end with respect to such use. We are not responsible if you have shared your content with other Users through the Service, and we will not force other Users to delete your content from their account profile, etc.

  1. We may remove any content that you distribute in public and/or private regions if we decide that it violates someone’s rights (for example, privacy violation, defamation, harassment, copyright infringement, etc.). If we removed the content that you distributed because of a complaint, and you if you believe that we deleted it by mistake, then you can submit a counter complaint to us for consideration.

IV. YOUR ACCOUNT

Users are solely responsible for the accuracy and completeness of the information posted on the account. The following are the terms of account registration, as well as some obligations that you automatically acquire to us in connection with account registration, and the fulfillment of which is necessary to maintain the security of your account:

  1. A prerequisite for account registration is the user’s age – at least 16 years. We will not accept applications from users under the age of 16. We reserve the right to use any age verification method that we consider acceptable.
  2. You must not provide false information to us or our business partners, as well as to third parties involved in the provision of the Service.
  3. You must not register an account for any other user other than yourself without our written permission.

If you want to create a business related to the use of virtual property, you need to contact us.

  1. You must maintain the accuracy and completeness of your contact information, as well as update your contact information in a timely manner.
  2. You must not share your password with anyone. You also must not grant other users access to your account or perform other actions that jeopardize the security of your account and personal information.
  3. You cannot transfer your account to any other user, and you are responsible for everything that happens on your account, including paying bills, as well as the actions of other users.
  4. We reserve the last word regarding the account name. If your account name or identity card in any way contradicts the data of other users, or is confusing, as well as if the name looks like the account name of our employees or is otherwise misleading, we may ask you to change the account name, and you are obliged to do so, according to our request.
  5. In case of violation of these Terms of Use by you, we have the right to terminate the provision of the Service to you partially or completely, temporarily or permanently. We will notify you using the current contact information provided by you, but you will also be able to find out about any changes in the provision of the Service to you the next time you try to access your account.

V. PAYMENT

  1. Creating and using a basic account is free. Access to advanced features related to obtaining Premium status is available after making the appropriate payment for the provision of services of the Service. We try to maximize the payment methods used for services depending on the country in which you are located, but not all payment methods are available in every country.
  2. If you upgrade your Account from basic to Premium, or other paid types of membership, or use virtual currency to pay for the services of the Service, then by doing so you confirm your agreement with the terms of payment for the services of the Service set out in paragraph 3 below. In our work, we use the services of third-party payment providers. Their payment rules and procedures are also applied when paying for the services of the Service, and we reserve the right to regulate any contradictions between these rules and procedures.
  3. Terms Of Payment For The Services Of The Service.

You are responsible for providing full and timely payment for the services of the Service. The amount required for payment can be automatically withdrawn from your account if you are on a monthly or other tariff plan with automatic payment of bills. The latter gives us the right to withdraw the required amount from your account using your current payment method after a specified period of time. You can cancel the next payment by providing us with a notification of refusal at least five working days before the date of renewal of the Premium status or withdrawal of funds.

  1. If we terminate the provision of the Service due to your violation of these Terms of Use, then in this case you are not entitled to a refund of the advance payment that you have made.

VI. VIRTUAL CURRENCY

The virtual currency of the services of the Service is called “Gold”, the use of which is carried out exclusively in accordance with this agreement:

  1. We grant you a limited right (hereinafter referred to as a “Limited License”) to use this fictional currency to the extent that we have established. At our sole discretion, we may charge a fee for your use of virtual currency, we may give virtual currency for free, or we may otherwise determine how to provide, purchase, use, or lose virtual currency. We have the absolute right to determine the maximum amount of virtual currency that can be earned – based on each type of activity, day, account or individual user. This may lead to a limit on the maximum amount on each account for owners of multiple accounts. The Limited License is automatically terminated if the account remains inactive for 364 consecutive days.
  2. We reserve the right, at our sole discretion, to regulate, modify, eliminate or otherwise manage the virtual currency as we deem appropriate.

We reserve the right to completely remove the virtual currency system, terminate the provision of a Limited License, take actions that change the value of the virtual currency, or act in any other way, based on the fact that “Gold” is a fictional virtual currency that does not have its own value, and We do not bear any responsibility towards You for any from the actions listed here.

  1. We may also provide an opportunity to purchase goods or services, virtual or otherwise, through virtual currency. However, we have no obligation to do this, moreover, any transactions for the sale of goods or the provision of services are a fictitious part of the Service and cannot be enforced in court.
  2. At our sole discretion, virtual objects purchased as a gift to another user using “Gold” can be returned with a refund of the “Gold” spent on the purchase if the user who received the gift loses his status/membership in the Service due to a violation of these Terms of Use. However, we are not obligated to do this at all costs, and any such compensation can only be made as an act of goodwill on our part.
  3. Sale of “Gold” – this is solely a sale by us of a Limited License without any other rights.
  4. In case of suspicion of fraud, violation of UP data, violation of laws, as well as in order to protect the functioning of the Service, we reserve the right, at our sole discretion, to stop, suspend for a time, cancel, completely cancel or otherwise modify or cancel any transactions with Gold, including upcoming, occurred or anyor else.
  5. All users of the Service can (but are not required to) participate in the purchase of “Gold” in a legal way. With the help of “Gold” users can buy virtual objects or additional services of the Service.

VII. USING THE SERVICE

  1. Your right to use the Service may be revoked in connection with your violation of these Terms of Use or if you violate any regulatory act in the country where we operate.

VIII. LEGAL INFORMATION

  1. WE DO OUR BEST TO MAINTAIN THE QUALITY, OPERABILITY AND SAFETY OF OUR SERVICES, HOWEVER, YOU MUST UNDERSTAND THAT YOU USE OUR SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY SPECIAL OR IMPLIED WARRANTIES. WE DO NOT GUARANTEE THAT THE SERVICES PROVIDED WILL BE SAFE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION OR DATA OF THIRD PARTIES, AND YOU RELEASE US AND OUR REPRESENTATIVES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, IN ONE WAY OR ANOTHER RELATED TO YOUR CLAIMS AGAINST THESE PERSONS. WE ARE NOT LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER INCIDENTAL, INDIRECT, SPECIAL OR UNFORESEEN DAMAGES IN ANY WAY RELATED TO THESE TERMS OF USE OR ARISING FROM THE DIRECT USE OF THE SERVICES, INCLUDING IF YOU HAVE NOTIFIED US OF THE POSSIBILITY OF SUCH DAMAGES.
  2. Each new version of these Terms of Use represents a complete agreement between all participants, and replaces any previous agreements or arrangements concluded by you with any representative of the Service in any way. At the same time, we can keep the previously agreed benefits available to you. You are responsible for timely familiarization with the latest version of the UP data, as they are revised from time to time and published with a change in the serial number of the UP version.
  3. If we find ourselves unable to fulfill any part of these Terms of Use, then this in no case can be considered a ground for waiving our rights. Any temporary waivers or exclusions from these Terms of use that we may provide to individual users must be made in writing and cannot be considered permanent.
  4. If any part of these UP turns out to be impossible to perform, then, regardless of this, the remaining parts retain their full legal force.
  5. We will try to notify Partners, Virtual Entrepreneurs, as well as Advertisers at least seven days before making changes, however, if we are required to make changes immediately for legal reasons, we may not be able to provide any notice.
  6. We reserve the right, at our sole discretion, to restrict, suspend or close your access to all or any part of the Service at any time without giving a reason and without prior notice, and without incurring any liability. We may change, suspend or terminate all or some components of the services of the Service at any time, including access to any part of the Service, databases or content without prior notice, and without incurring any liability.
  7. We have the right to report any potentially illegal activity to the appropriate authorities. We reserve the right to request an official justification if there is a need to provide information to the appropriate authorities. However, if we decide to voluntarily cooperate with the relevant authorities in conducting legal proceedings, you are obliged to give us the right to provide any information to the relevant authorities at any time, without requiring compliance with the mandatory judicial process or protocol.

We exercise our rights in accordance with the laws on the protection of the rights of minors. Thus, if we have any reason to believe that your behavior or actions in any way harm any child, we can report this to the appropriate authorities engaged in the protection of children. Our policy provides for reporting any sexual abuse of minors to the appropriate authorities in the relevant country, and we will do this whenever there is suspicion that such treatment may have occurred.

By using our Service, you agree that we are allowed to do all of the above, regardless of any of your rights related to preventing us from contacting these authorities, compensation for such appeals or any indirect damage that they may cause. Law enforcement officers, as representatives of the legitimate authorities, have the right to receive the necessary information and may demand that we provide them with information for an investigation.

We reserve the right to respond to such requests, subject to due process of law, and we are not obligated to inform Users of such requests.

IX. Information about the Legal entity providing the Service

WEALTHBIRD LIMITED LLC

900 N Federal Hwy, Ste 306, Hallandale, Florida, 33009-2545

Terms used

a. By “distribution” and “publication” we mean downloading any content using the Software Platform or providing us with content in any other way.

b. By “use” we mean the use, copying, public display or demonstration, distribution, modification, translation, creation and derivative works.

in. By “application” we mean any executable application or website that uses or has access to the software platform.

G. By “Premium User” we mean any person who has paid and continues to pay for the services of the Service in a timely manner using a payment system provided by us or our official partners.