User Agreement of the elcardia-mmorpg.org Website

The elcardia-mmorpg.org website, located at https://elcardia-mmorpg.org, contains information about video games and their creators, as well as news from the gaming industry.

Using the Site is only possible with full and unconditional agreement to the terms of this User Agreement.

A user who does not fully or partially agree with these terms must immediately cease any use of the Site.

1. Terms and Definitions
For the purposes of this User Agreement, the following terms have the following meanings:

Site Administration — has all exclusive property rights to the Site (including the Site’s domain name), materials posted on the Site, and manages and administers it.
Database — a collection of Information posted (placed) on the Site. All Information posted on the Site, as well as the selection, grouping, and arrangement of Information, is the intellectual property of the Site Administration and/or other rights holders.
Information — any information posted (placed) by the User or the Site Administration on the Site, including: User’s Personal Information, links to other websites, any text messages, game reviews, comments, photos (images), audio and/or video works, computer programs, and other files.
Moderation — modification and deletion of any Information available on the Site, including Information added by the User.
User — any person using the Site. A User who has completed the registration procedure and received a login and password is a registered user and has their Profile. Any User accessing and using the Site automatically agrees to this User Agreement and accepts the requirements established by this User Agreement.
User Content — any content (text, video, image, reviews, feedback, comments, etc.) created by Users and posted on the Site.
User Profile (account) — a special section of the Site protected by a password. The Profile contains information about the User, which is posted by the User. Each User is entitled to only one Profile.
User’s Personal Information — any information that the User provides about themselves during registration (creating a User Profile) or while using the Site, including personal data, information automatically transmitted to the Site Administration while using the Site via software installed on the User’s device, such as IP address, cookie information, browser information, and other User data.
Site — an Internet resource located on the Internet at https://elcardia-mmorpg.org. Depending on the context, the Site also refers to the Site’s software, design (graphic design), Database, any section (subsection) of the Site, as well as Information posted on the Site by the Site Administration and Users. All exclusive property rights to the Site belong to the Site Administration.
Spam — mailings and other distributions of an advertising, informational, promotional, or other nature, not authorized by the recipients.

Any terms and definitions used in this User Agreement not specified in the "Terms and Definitions" section will be interpreted in accordance with the meaning derived from the text of the User Agreement. In case of any discrepancies regarding the interpretation of a term and/or concept used in the User Agreement, the interpretation determined by the Site Administration will apply.

2. Subject and General Provisions of the User Agreement
2.1. This User Agreement (hereinafter — Agreement, Rules) establishes the rules and conditions for using the Site and posting Information on it and constitutes a contract between the User and the Site Administration, replacing all previous agreements between the User and the Site Administration.

2.2. Access to the Site, use of the Site, and/or any other actions on the Site by the User signify that the User accepts and agrees to comply with all the terms of this Agreement. The User’s registration on the Site signifies the User's acceptance of this Agreement.

2.3. The Site Administration has the right at any time and on any grounds to perform the following actions without any prior advantages of use, but does not undertake any obligations for these actions:

2.4. Restrict Users’ access, restrict or terminate access to the Site;

• On any grounds, refuse Users to post, move, or delete any materials on the Site;
• Block or delete User accounts (profiles), as well as delete or remove any information contained in User profile files.

2.5. By accepting this User Agreement, the User confirms that the Site Administration bears no responsibility to them or any persons for performing any of the actions specified in the Agreement.

2.6. The User understands and agrees that using the Site may be accompanied by advertisements, and that such advertising is necessary for the Site to operate. The User also agrees not to restrict the display of such advertisements or announcements by altering the HTML/CSS or by other means. By using the Site, the User acknowledges the right of the Site Administration to place such advertisements without prior notice and without any compensation to the User or other users. The nature and quantity of advertisements displayed on the Site are determined and may be changed at the discretion of the Site Administration. Correspondence and business relationships with advertisers or participation in promotional activities conducted by advertisers, including payment, delivery, including conditions, guarantees, and presentations of relevant services or goods mentioned in or resulting from such relationships, create rights and obligations exclusively between the User and the advertiser. The User agrees that the Site Administration bears no responsibility or any obligations for any losses or damages incurred as a result of interactions with advertisers and/or the presence of advertisements on the Site.

3. Registration on the Site
3.1. To gain access to all the features of the Site, the User must undergo the registration procedure on the Site. Registration of the User is possible by completing a series of sequential actions by filling out a registration form in electronic format, as a result of which the person becomes a registered User, receiving an individual login and password to access all the features of the Site.

3.2. The Site Administration has the right to block and/or delete the User Profile, deny access to all or some features of the Site, and delete User Information without explaining reasons, including in case of violation of the Agreement terms by the User, as well as if the User provides false information about themselves or if the Site Administration has grounds to believe that the information provided by the User about themselves is unreliable, incomplete, inaccurate, violates the terms of this Agreement, or the User uses someone else's information.

4. Authorization on the Site
4.1. Each registered User has a unique login and password necessary for authorization on the Site. These individual login and password are intended only for this registered User.

4.2. The User undertakes not to disclose, not to transfer to third parties their login and password, and to make all necessary efforts to ensure that their login and password are not accessible to third parties. The individual login and/or password allow access to sections of the Site available only to registered Users, as well as to personal pages of the Site intended only for this User.

4.3. If any person other than the User authorizes on the Site using the User's login and password, all actions performed by such person will be considered as performed by this User. The User is solely responsible for all actions performed by them on the Site, as well as for all actions performed on the Site by any other persons using the User's login and password.

4.4. The registered User is solely responsible for the safekeeping of their login and password, as well as for any consequences that may arise from their unauthorized and/or other use.

4.5. In case of unauthorized use of their login and password or suspicion of such use, as well as any violations or suspicions of violation of their account confidentiality, the User must immediately notify the Site Administration.

4.6. The Site Administration is not responsible for any possible loss or damage to Information that may occur due to the User's violation of the provisions of this part of the Agreement.

5. User’s Personal Information
5.1. The Site Administration, when processing the User’s Personal Information, undertakes to take all organizational and technical measures to protect the User’s Personal Information from unauthorized or accidental access, destruction, alteration, blocking, copying, dissemination, as well as from other unlawful actions by third parties. However, it is not excluded that as a result of a Site malfunction, viral or hacker attack, technical failures, and other circumstances, the User’s Personal Information may become available to other persons. The User understands this and agrees that they will not make claims to the Site Administration in connection with this.

5.2. Although the Site Administration requires a minimum of information from the User during registration and authorization on the Site, the User, at their discretion and desire, may add personal data and agrees that their Personal Information contained in the User Profile is publicly accessible, and any Site User can review it.

5.3. The User agrees that the Site Administration collects, stores, and performs other actions with the User’s Personal Information for the following purposes:

• identifying the party within agreements and contracts with the Site Administration;
• sending notifications, messages, and information regarding the use of the Site;
• contacting the User to provide services, as well as processing requests and applications from the User;
• improving the quality of the Site, its usability, developing new services and services;
• targeting advertising materials;
• conducting statistical and other studies based on anonymized User data.

5.4. The User confirms that by posting their Personal Information on the Site, they do so voluntarily, and that they voluntarily provide this Information to the Site Administration. The Site Administration does not intend to collect information considered personal data under the current legislation, except when such information is provided voluntarily by the User. By voluntarily providing their personal data, the User consents to the processing of their personal data, including its transfer and processing in accordance with the current legislation. If the User does not want their personal data to be processed, they should not provide it on the Site.

5.5. The User undertakes not to post on the Site personal information of other persons without their consent and/or use the personal information of other Users in any way that does not comply with the requirements of current legislation, for illegal and/or unlawful purposes, as well as for any other purposes that do not correspond to the purposes of using the Site.

5.6. The User has the right to change and/or supplement their Personal Information or any part of it at any time, provided this does not violate the terms of this Agreement.

5.7. The User has the right to delete the Personal Information provided in the Profile by contacting the Site Administration through the Feedback form. This action may limit the User’s access to some features and sections of the Site.

5.8. The Site Administration is not responsible for the use of the User’s Personal Information by other persons, including those to whom the User’s Personal Information was transferred by the Site Administration in accordance with p. 5.9.

5.9. Without prejudice to other provisions of the Agreement, the Site Administration has the right to transfer the User’s Personal Information to third parties in the following cases:

• The User has given their consent to such actions;
• The transfer is necessary within the framework of the User's use of the Site or for providing services to the User;
• Such transfer is provided within the established legislative procedure;
• Such transfer occurs within the sale or other transfer of business (in whole or in part), with the acquirer assuming all obligations to comply with the terms of this Agreement regarding the received User’s Personal Information;
• To ensure the possibility of protecting the rights and legitimate interests of the Site Administration or third parties when the User violates the terms of this Agreement;
• Transfer between entities affiliated with the Site Administration. In this case, the recipient assumes all obligations to comply with the terms of this Agreement regarding the received User’s Personal Information.
• Detailed conditions for collecting, processing, and protecting User information are set out in the Site’s Privacy Policy.

6. Features of Posting Information on the Site
6.1. The User agrees that they bear exclusive responsibility for any materials publicly posted on the Site or transmitted confidentially through the technical capabilities provided to the User on the Site. By accepting these Rules, the User confirms that they have all intellectual property rights regarding User content and grant the Company the right to use, copy, create derivative works, distribute, publicly present and reproduce, store, transfer, send, publish User content and its subsequent revisions for the purposes of (i) reproducing User content on the Site; (ii) distributing User content via electronic or other means of communication to provide other users with the opportunity to download or otherwise obtain such content; and/or (iii) storing User content in a remote database open to access by other users. If the User does not have proper rights to post any Information on the Site, they must not post such Information.

6.2. When using the Site, Users may encounter content that could cause harm or damage, is obscene or offensive, and contains inaccurate information. The User assumes all risks associated with using such content. The Site Administration has the right to remove any content that violates this User Agreement or is offensive but does not undertake any obligations to remove such content.

6.3. The User undertakes when using the Site:

• not to disrupt the normal operation of the Site;
• not to post on the Site or send anywhere through/via the Site the following Information:
• containing threats, defamation, insults;
• damaging the honor and/or dignity of third parties;
• violating the rights and lawful interests of third parties, including copyright;
• violating the rights of citizens to privacy and public order;
• promoting and/or containing discrimination against people based on race, ethnicity, gender, age, religion, social status, sexual orientation, political preferences, or other characteristics;
• promoting and/or calling for the alteration of the constitutional order, inciting war, religious, racial or ethnic hatred, infringing on minority rights;
• containing attempts to incite hostility or calls for violence;
• containing pornographic materials or other materials that offend morality;
• containing extremist materials;
• offending the religious feelings of citizens;
• knowingly false and misleading;
• materials, the sole purpose of which is to link to an external site.
• links to download full versions of any games, leaked beta versions.

6.4. Not to deliberately clutter sections of the Site with useless, uninformative messages, messages consisting of randomly repeated symbols, and also not to send multiple identical messages, including messages consisting of images or special symbols, stretching the Site page in any direction, also by constantly using transliteration, Caps Lock, or excessive use of text formatting tags in such a way that it interferes with other users of the Site. And also any sabotage of the Site in any way.
"commissioned" nature, i.e. Information created in someone's interest that does not meet the goals of creating the Site;
other Information that does not comply with the requirements of current legislation and/or this Agreement.

6.5. When using the Site, public condemnation of the administration (including moderators, as representatives of the Site Administration) is prohibited. Condemnation regarding moderation and/or administration of the Site, arguments, and disputes with moderators or administrators is prohibited.

6.6. The User undertakes not to post on the Site and/or through/via the Site in any form malicious software (viruses, trojans, worms, etc.) or other computer codes, files or programs intended to disrupt, modify, block, destroy, or limit the functionality of any computer or telecommunication equipment and software or programs to gain unauthorized access.

6.7. The User undertakes not to distribute and/or use any computer programs, robots ("spiders") or other automatic algorithms and methods aimed at "downloading" (collecting), illegal transmission, copying, blocking, modification, destruction of Information and Database, as well as aimed at circumventing restrictions set by the Site Administration in the Site settings.

6.8. The User undertakes not to post on the Site and/or through/via the Site information of an advertising nature without prior consent to such actions from the Site Administration.

6.9. The User undertakes not to post or otherwise use on the Site Information protected by intellectual property law (including but not limited to affecting any patent, trademark, copyright and/or related rights), and other protected by law Information without appropriate rights and permissions from the rights holder of such Information. In case of a disputed situation, the burden of proving that the Information posted by the User does not violate anyone's rights lies with the User.

6.10. The User undertakes not to collect, store, distribute, process and perform other actions with the Personal Information of other Users.

6.11 The User undertakes not to post on the Site and/or through/via the Site links to other Internet resources, the content of which contradicts the requirements of current legislation and/or this Agreement.

6.11 The User undertakes to evaluate the legality of posting any Information on the Site and/or through/via the Site (including but not limited to images of other persons, texts of different content, audio recordings and videos) before posting.

6.12. The User undertakes not to spread Spam, "chain letters", Internet earning systems, "pyramid" schemes, multi-level marketing, email businesses on the Site and/or through the Site.

6.13. The User undertakes not to assist in and/or commit other illegal and unlawful actions using the Site, contradicting the requirements of current legislation and/or this Agreement.

6.14. The User undertakes not to post on the Site and/or through/via the Site information aimed at extortion or obtaining money, regardless of the pretext, from other Users and/or third parties.

6.15. The Site Administration does not check and does not have the technical and actual ability to check all Information posted by the User on the Site for compliance with the requirements of legislation and the provisions of this Agreement, as such verification would make the functioning of the Site impossible. However, the Site Administration may do this at any time at its discretion in case of appropriate doubts.

6.16. The Site Administration provides the User with the opportunity to post Information on the Site but does not bear any responsibility for the accuracy and legality of the Information posted by the User on the Site.

6.17. Links to any other site, product, work, or service, Information of a commercial or non-commercial nature, posted on the Site by the User and/or on advertising rights, do not imply approval or recommendation of this Information by the Site Administration.

6.18. The Site Administration may at its discretion refuse to post and/or delete any Information that the User intends to post/has posted on the Site.

7. Use of the Site
7.1. The User may use the Site only in accordance with this Agreement and exclusively in the ways provided by the technical capabilities of the Site.

7.2. The Site contains links to third-party websites, which may be commercial in nature. Posting third-party content and links to third-party websites on the Site does not constitute approval of such content or websites. The Site Administration is not responsible for the content of such websites or the content on them. The Site Administration is also not responsible for any goods and services offered through links to third-party websites. Any interaction with third parties, including transactions, supply of goods and services, the User carries out independently. The Site Administration bears no responsibility and assumes no obligations in case of any losses or damages of any kind resulting from any transactions between the User and third parties. Any questions, claims, or complaints regarding any goods or services should be directed to the corresponding seller.

8. Liability
8.1. The Site Administration makes commercially reasonable efforts to ensure the Site operates around the clock, but does not guarantee the absence of interruptions due to technical failures, maintenance work, and also does not guarantee the full or partial operability of the Site/Service.

8.2. The User hereby confirms their consent to guarantee indemnity, ensure legal protection, and release the Site Administration and all our officers, directors, owners, employees, representatives, information providers, affiliated companies, partners, and licensors (collectively "Partners") from any liability, indemnity obligations, expenses, and costs (including attorney fees) incurred by any participant based on any claim, including but not limited to, claims for damage to reputation, for violation of public use rights and/or for violation of privacy rights, as well as for copyright or trademark rights violations in connection with the following actions:

• use of the Site;
• any use or alleged use of the User account and password by any other person, regardless of whether such user has granted permission for such use;
• the content, quality, and filling of the content that the User posts on the Site;
• the User's violation of this Agreement; or
• the User's violation of the rights of any other physical or legal entity.
• The Site Administration does not guarantee that the Information posted on the Site will be available at any time, or will not be deleted or lost. The Site Administration is not responsible for failures and delays in the Site’s operation, as well as for possible consequences of such failures and delays.

8.3. The Site Administration is not responsible for all offensive, knowingly false, and inaccurate information, as well as other information violating current legislation, posted by other persons, but makes every effort to exclude such information from the Site in case of requests from rights holders and Users. The responsibility for this information lies with the persons who posted it.

8.4. All information posted on the Site, including the design and layout of the Site, is provided "as is". The Site Administration disclaims any warranties that the Site may or may not be suitable for specific purposes of use.

8.5. In case of claims from third parties to the Site Administration related to the User's use of the Site, the User undertakes to independently settle these claims with third parties, protecting the Site Administration from possible losses and litigation.

9. Other Provisions
9.1. This Agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of Ukraine. Throughout the text of this Agreement, unless explicitly stated otherwise, the term "legislation" means the legislation of Ukraine.

9.2. The User and the Site Administration will try to resolve all disputes and disagreements arising between them through negotiations. If it is impossible to resolve disputes and disagreements through negotiations, they are subject to consideration in the appropriate court of Ukraine.

9.3. Nothing in the Agreement can be understood as establishing agency relationships, partnerships, joint activities, employment relationships, or any other relationships not explicitly provided for in the Agreement between the User and the Site Administration.

9.4. The recognition by the court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity or unenforceability of other provisions of this Agreement.

9.5. This Agreement is drawn up in Russian and in some cases may be provided to the User for review in another language. In case of discrepancies between the Russian version of the Agreement and the version of the Agreement in another language, the provisions of the Russian version of this Agreement apply.

9.6. If the Site Administration does not take action in the event of a violation of the provisions of this Agreement by the User or other Users, the Site Administration retains the right to take appropriate actions to protect its interests at any time. Inaction does not imply the Site Administration's waiver of its rights in case of future similar and/or similar violations.

9.7. This Agreement may be amended by the Site Administration without any special notification, and the new version of the Agreement comes into effect from the moment of its posting on the Internet, unless otherwise provided by the new version of the Agreement. If after such changes to the Agreement come into effect, the User continues to work with the Site, these actions confirm the User’s agreement with the changes. If at any time the User can no longer comply with the terms of the Agreement, the User must immediately cease using the Site.

9.8. The Site Administration may also apply restrictions to certain functions and services or restrict the User's access to the entire Site or certain parts of it, without notification and without bearing responsibility, for technical reasons or security reasons, to prevent unauthorized access, loss, destruction of data, or when the Site Administration, at its own discretion, believes that the User violates this Agreement or any other law.

9.9. The proper addresses for sending legally significant messages are:

• for the Site Administration: the contact form available via the Feedback link
• for the User: the email address posted in the User Profile or the email address specified in the contact form.

This Agreement constitutes a public offer. The User’s acceptance of the terms of this Agreement (acceptance) is considered the actual use of the Site, its services, and the use of any Information posted on it. Copyright holders

If you find your intellectual property (photo, text, etc.) unlawfully published on the Site, contact the Site Administration to resolve the issue by writing to the following address: ASK.elcardia-mmorpg.org@GMAIL.COM