Terms and Conditions for the Use of Information by entertainment portal Averia.ws.
This Terms and Conditions for the Use of Information Agreement (hereinafter – “Agreement”) is applied to regulate legal relationship as between the User and the Right Holder of the Internet Portal Averia.ws.
1. Terms and Definitions
2. Subject-matter of the Agreement
3. Entry into Force of this Agreement
4. Rights and Obligations of the Parties
- User’s Rights
- User’s Obligations
- User is not Entitled
- Operator’s Rights
- Operator’s Obligations
- Operator’s Liability Limits
- Operator shall not Guarantee
5. Privacy and Security
6. Additional Paid Services
7. Refund/Return/Cancellation Policy
8. Disclaimer of Warranties
9. Additional Provisions
The Terms and Definitions used:
*Operator – the Right Holder of the Internet Portal Averia.ws, is a Party to this User Agreement. Operator provides administration and maintenance of the portal services, provides access to the portal and services (as well as paid services) in accordance with the terms and conditions established by this Agreement.
*User – an individual visiting the portal or taking part in the projects organized by the portal Averia.ws. The User, as well as the Operator is a Party to this Agreement.
*Portal - special software and hardware systems based on the resources of the Operator. The access of the Users to the Portal is granted by the Operator only. All rights to use the Portal belong exclusively to the Operator.
*Website – Internet site, located on the Internet by https://Averia.ws.
*Services – granting Users access to the Portal, Services, participation in projects under the conditions set out in the Agreement. Services are provided by the Operator free of charge. The only exceptions are the Additional Paid Services, where fees are applied. All the Services are provided exceptionally within the Portal, i.e. while using it by the User.
*Additional Paid Services – providing for the User special additional opportunities for a fee. Such Services are not mandatory and are provided by the Operator upon request and at the desire of the User exclusively within the Portal.
2. Subject-matter of the Agreement:
2.1 Granting access to the Portal (Services, Additional Paid Services) by the Operator is conducted to unlimited number of persons under the terms of the Agreement.
2.2 The User is aware that the main purpose of the projects within the Portal Averia.ws is entertainment only and is by no means related, connected or associated with gambling.
3. Entry into force of this Agreement
3.1 From the moment of accepting the Agreement the User shall have the rights and obligations set out in this Agreement.
3.2 The User accepts and agrees with the Terms and Conditions of this Agreement by registration on the Website Averia.ws. Accepting this Agreement means full and unconditional acceptance of all Terms and Conditions of this Agreement as well as it’s Annexes.
3.3 If for whatever reason the User does not agree with Terms and Conditions of this Agreement as well as it’s Annexes the User is obliged to terminate usage of the Website.
3.4 Using the Website shall be ensured only after acceptance of the present Agreement by the User.
3.5 By accepting the present Agreement, the User confirms his being able and capable to conclude this Agreement. The Operator is not obliged to carry out check and validation of the data, entered by the User during the registration on the Website.
3.6 If for the purpose of using the infotainment Portal Averia.ws or participation in the projects within the Portal a user account is required (hereinafter “User Account”), the User must complete the registration procedure providing full and accurate relevant information (including User’s e-mail address) in an appropriate form. When advertisements regarding participation in affiliate programs are posted in the Portal the registered User shall have the right to participate in lotteries and competitions organized by the partners of the Portal Averia.ws.
4. Rights and Obligations of Parties
4.1 Rights and Obligations of the User
- In accordance with the present Agreement the User shall have the right to:
- Use the Portal for personal, non-commercial purposes only.
- Use all the Services (including Additional Paid Services) provided by the Operator.
- If necessary to take advantage of the technical support offered by the Operator, to address the Operator using the Contact information or by filling out the feedback form.
- Free of charge (excluding Additional Paid Services) use the Portal and participate in the projects organized by the Portal.
4.2 User’s Obligations
In accordance with the present Agreement the User shall be obliged to:
- Provide true and accurate information during the registration process on the Website.
- Independently take all necessary measures to ensure effective security of the individual User Account. Not to grant access to the User Account to third persons.
- If necessary by the Operator’s request to provide confirmation of the personal data, entered on the Website during the registration process.
- To follow the Operator’s directions within the current Portal.
- Not to violate the Copyright and intellectual property rights within the current Portal.
- To comply without limitation with all the conditions established by this Agreement.
- The User undertakes to use the Portal for entertainment purposes only without deriving any commercial benefits from the Portal.
4.3 User is not entitled
While using the Operator’s Portal the User must not:
- Exploit the errors (bugs) of the Website, to receive or establish unsanctioned access to the general database, computer system, to modify the program code.
- The User is prohibited to use any kind of malicious software, which may be potentially harmful to the Portal, as well as special software which may give him any superiority over other Users. In case of identifying such violations the Operator shall be entitled to impose penalties on the violators including banning access to the Website and deleting the User Account.
- To register more than one User Account, as well as use identical registration data (including First Name, Last Name, the place of residence, wallets and payment system numbers) for two and more User Accounts. Such violation shall be classified as “MultiAccount” and shall be punished through blocking all User Accounts related and belonging to the User regardless of his reputation, status or availability of funds. The compensation of cash resources spent by the User for Additional Paid Services shall not be provided.
- To register as well as to use (log in) two and more User Accounts from one device (computer, laptop, tablet, and other devices supporting access to the Internet) or IP. Such violation shall also be classified as “MultiAccount” and shall be punished through blocking all User Accounts without compensations of the funds spent for the Additional Paid Services.
- To limit access to the Website of other Users.
To conduct or to be involved in fraud or any other illegal actions.
To advertise anything not related to the Portal without the prior written permission of the Operator.
To use abusive and threatening language directed against the Operator or other Users, to distribute materials propagating violence, racial hatred, non-acceptance of religious faiths, containing pornographic information, advertising drugs, or calling for the violent overthrow of the authorities.
- To organize adverse publicity (anti-advertising) for the Portal within or outside the latter.
- The User accepts that his rights and obligations may be modified by the Operator, of which the User shall be informed via the personal contact information entered during the registration procedure.
4.4 Operator’s Rights
- In accordance with the present Agreement the Operator shall have the right to:
- At any time unilaterally and at his own discretion without prior notification of the Users to expand, modify, terminate or limit providing of the Services as well as Additional Paid Services.
- To manage all processes on the Portals at his sole discretion.
- To terminate, modify changes of any processes without prior notification of the User.
- To apply sanctions in case of detection violations of this Agreement.
- To modify/delete User’s information on the Portals.
- To track and store identification and statistical information about the User.
- To send Users technical information, advertising, as well as other information related to the Portal, Services and Additional Paid Services.
- To inform, to warn, to notify User in case of violation of Terms and Conditions of this Agreement.
- All the directions and orders from the Operator must be strictly fulfilled by the User.
- To take all legitimate measures to protect his Copyright and intellectual property rights.
- Modify, change, edit the Portal at his discretion without informing the User beforehand.
- The Operator’s omission or failure to take immediate actions against User’s violations do not exclude applying relevant penalties at a later date.
4.5 Operator’s Obligations
- As a Party to this User Agreement the Operator shall be obliged:
- To ensure possibility of accessing Operator’s Services by the User within the Portal (including possibility of receiving of Additional Paid Services).
- To respond to Users’ queries, in case of disputes to take all possible measures to resolve them.
4.6 Operator’s Liability limits
In accordance with this section the Operator shall not be liable for:
- Any damage, potential or caused to personal data or a computer of the User in connection with using the Portal or the Website.
- Direct or indirect losses caused to the User in connection with using or inaccessibility of the Portal (impossibility of using), third persons and other participants’ behavior and attitude in the projects of the Portal, unauthorized access to personal data of the User.
- User’s statements, information distributed by the User and other illegal actions undertaken by the User within or outside the Portal.
- Information specified by the User during registration procedure, lost possibility to access the Portal (login, password, etc.).
- Loss by the User of acquired virtual valuables which resulted from rendering Services and Additional Paid Services by the Operator.
- Payment of Services by the User and related expenses.
- Smooth and undisturbed operation of the Portal.
- Possibilities of the User connected with Internet access and data transmission speed.
4.7.Operator shall not Guarantee
- Continuous, fast, reliable or error-free operating of the Portal, access to its resources, Services as well as Additional Paid Services.
- The fact that the Portal will fully meet and satisfy User’s requirements and expectations.
- Consistency between the quality of the rendered Services with User’s expectations.
- The Operator shall not be obliged to provide upon the User’s request documents and other evidence of violation (by the User) of the present Agreement or grounds for applying against the User penalties or taking disciplinary measures.
- The User uses the Portal, the Website of the Operator solely voluntarily, at his own risk and without any pressure from any source. The User understands possible risks, connected with using the resources of the Operator and has no claims of a material nature.
5. Privacy and Security
5.1 Confidential information – information obtained by the Operator during registration of the User on the Website and during visiting the Website/Portal and participation of the User at the events within the Portal.
5.2. Confidential information shall not be disclosed or transferred to third parties.
5.3. Personal data may be transferred by the Operator only in cases:
*On the basis of official request from law enforcement agencies (violation of local or international legislation).
*Individual will of the User.
*Impossibility to use Services and Additional Paid Services within the Portals (the User is informed about this in advance).
*Violation of the Paragraphs of this Agreement (left to the discretion of the Operator).
5.4. The Operator ensures security of personal data of the User by using specialized software. In case of unauthorized access to the Portal/Website of third parties User’s data security may not be guaranteed.
6. Additional Paid Services
6.1. On User’s preference the Operator provides Additional Paid Services, which allow to use advanced features of the Portal.
6.2. Additional Paid Services are not a prerequisite for using the Portal or taking part in the projects on the Portal.
6.3. From the moment when the funds are written-off by the Operator from the User’s account the Additional Payable Service shall be considered to be provided fully and of appropriate quality.
6.4. After providing an Additional Payable Service funds spent on it shall not be a subject to refunding.
6.5. The User agrees that the Operator shall have the right to store personal data obtained during purchasing Additional Paid Services.
6.6. List of Additional Paid Services and their cost shall be published by the Operator only on the Portal/Website. Any possible information and offers to purchase relevant Services on third-party resources shall be regarded as fraud for which the Operator is not liable.
6.7. Information about ways and possibilities to acquire Additional Paid Services is given by the Operator on the Website.
6.8. The Operator shall not provide explanations on working with payment systems through which the User intends to purchase Additional Paid Services, as well as shall not carry the responsibility for their proper operation.
6.9. In case of technical failure of the Websites or deliberate actions by the User, as well as in other cases when Additional Paid Services were provided without full or partial writing-off funds from the User’s account, the User must report such fact to the Operator. Following that the User is obliged to repay the debt.
6.10. The Operator shall not compensate the User his funds fully or partially used for Additional Paid Services.
6.11. The User at his own expense independently bears all financial expenses connected with purchasing (funds transfer) of Additional Paid Services. This section includes commission fees, taxes and other costs.
6.12. The User guarantees the Operator that he is legitimate and that he has a right to conclude this Agreement in part of Additional Paid Services.
6.13. In case of purchasing of Additional Paid Services by the User aged under 18 years old, he must obtain prior consent for the financial transaction from his legitimate representatives. The fact of purchasing Additional Paid Services confirms obtaining such an approval from the legitimate representative. If necessary, the Operator has the right to request a written confirmation of the mentioned approval as well as passport data to establish the real age of the User.
6.14. The responsibility for purchasing Additional Paid Services rests wholly on the User and his legitimate representatives.
6.15. Disputes about responsibility for the purchase of Additional Paid Services shall not be acceptable.
6.16. Obtaining Additional Paid Services is possible only after their cost is fully paid.
7. Refund/Return/Cancellation Policy
7.1. From the moment when the funds are written-off by the Operator from the User’s account the Additional Payable Service shall be considered to be provided fully and of appropriate quality.
7.2. After providing an Additional Payable Service funds spent on it shall not be a subject to refunding.
7.3. Information about ways and possibilities to acquire Additional Paid Services is given by the Operator on the Website.
7.4. The Operator shall not compensate the User his funds fully or partially used for Additional Paid Services.
7.5. The User at his own expense independently bears all financial expenses connected with purchasing (funds transfer) of Additional Paid Services. This section includes commission fees, taxes and other costs.
8. DISCLAIMER OF WARRANTIES
ALL SERVICES ON THE PORTALS ARE PROVIDED ACCORDING TO THE “AS IS” CONCEPT. THE PORTAL REFUSES TO PROVIDE GUARANTEES REGARDING SERVICES OR VIRTUAL VALUABLES.
AS FAR AS POSSIBLE AND PERMITTED BY THE APPLICABLE LEGISLATION THE PORTAL AVERIA.WS DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE PORTAL DISCLAIMS ANY RESPONSIBILITY BASED ON CIVIL OFFENCE, NEGLIGENCE, UNLIMITED LIABILITY, ETC.
FOR ANY DAMAGE (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL) RESULTING FROM THE USE OF SERVICES OF AVERIA.WS, VIRTUAL VALUABLES, EVEN IN CASE THE PORTAL HAS BEEN MADE AWARE OF THE POSSIBILITY OF OCCURRENCE OF SUCH A DAMAGE, THE MAXIMUM AMOUNT OF LIABILITY ACCORDING TO THIS AGREEMENT SHOULD IN NO WAY EXCEED THE AMMOUNT PAID BY THE USER FOR THE ACQUISITION OF ONE ADDITIONAL PAID SERVICE.
REGARDLESS OF THE ABOVE-MENTIONED NOTHING IN THIS PART OF THE AGREEMENT RESTRICTS LIABILITY OF AVERIA.WS PORTAL FOR MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OF THE PORTAL, AS WELL AS LIABILITY ON WHATEVER GROUNDS IN CASE SUCH A LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Additional Provisions
9.1. If the User does not have the right to use the Portal according to his country’s legislation or there exist other restrictions (admission by age and others), he has to with no warning to renounce the use of the Portal, as well as particular given Services. The User personally takes full responsibility for using the Portal in his own country, based on local and international legislation.
9.2. Non-validity of one or several items/sections of this User Agreement shall not produce the effect of invalidity on the Agreement as a whole.
9.3. Any disputes arising between the Parties over the Agreement should be initially settled outside court through written correspondence between the Operator and the User. In case a peaceful dispute settlement is ineffective such disputes would be dealt with in accordance with the law of the Georgia.
9.4. The present Agreement can be changed, supplemented by the Operator without prior notice to the User. Any changes or updates will be effective immediately upon posting to this site. In order to avoid disputes the User undertakes to regularly familiarize himself with alterations to the provisions of the present Agreement available on the Website where it is in the public domain.
In case of failure of the User to regularly familiarize himself with text of the Agreement this fact cannot justify failure to perform by the User his obligations. The new edition of the Agreement shall have an equal full legal effect with the original text from the moment of its publication on the Website.