Manifest
1. The terms used in the current agreement.
1.1 Owner – individual entrepreneur Maslyukov Ivan Valentinovich, acting on the basis of the certificate of the individual entrepreneur № 1907789646 given by
The Executive Committee of the City of Minsk 5.01.2007; the owner of the trade mark “Encounter”, registered in The World Intellectual Property Organization (WIPO) in two categories:
09 Logiciels de jeux ( gaming software support ).
41 Jeux d'argent, exploitation de clubs de jeux d'ordinateurs, services de jeu proposés en ligne (à partir d'un réseau informatique) ( game service through the information net);.
1.2 Organizer – a private person or an organization that has already registered domain name in “en.cx” zone and that has the property right for the domain.
1.3 Administrator -- a person, authorized by the Organizer and having right of access, determined by the Organizer.
1.4 Participant – Any registered participant of the game Encounter (the one who applied for participation in the game from the domain (site) of any of the Organizers).
1.5 Capitan of the team – a participant who has created a new team or has become the Capitan of the already existing team. Capitan confirms the participation of the team in the
coming games and presents the interests of the team members in the face of the Organizer.
2. Principle of cooperation between the owner and Organizer.
2.1 The owner gives the Organizer the right and opportunity to hold the game Encounter in the city/region of the Organizer.
2.2 The owner from his part gives the program complex, hosting, technical support in the organizing of games and carrying out advertising campaigns.
2.3 The owner installs the program complex for the Organizer on his server and creates domain for the Organizer of the type of “name.en.cx”.
2.4 The beginning of cooperation between the Owner and the Organizer begins from the registration and settlement of the domain.
3. Registration of the domain name of the third level in the “en.cx” zone
3.1 The process of registration is accomplished in three steps:
3.1.1 The data of the desired domain are pointed out; the availability of the domain for registration is checked.;
3.1.2 Having filled in the form of the registration of the domain name, it is necessary to pay the registration of the domain and installation of the program complex. The installation
value is 49 USD ( it may be changed by the owner in the unilateral order in accordance with the current regulations).The payment is accomplished by means of electronic title
marks Web Money (WMZ) or E- gold ( USD E-Gold).the fee of the domain registration includes conducting of one game for free.
3.1.3 The data of the Organizer of the game are indicated. After this the domain is created and becomes available automatically, thus the Organizer has an opportunity to get
down to presiding his domain and conducting of games immediately.
3.2 At present time the program complex may be installed with Russian, English, French and Lithuanian interface.
3.3 The program complex may be installed in any other language; the parties make an extra agreement upon this point.
4. The rights and duties of the parties
4.1 The owner commits himself to render technical support of the software. All the changes and add-ins to the software may be accomplished only be the owner ( except a part of
the page design, where the Organizer may change the contents of the html-tags without discussing it with the owner).
4.2 The owner of the game binds himself not to interfere into the inner policy of the Organizers of the game without an absolute necessity. Besides the necessity of making a
decision is determined independently by the owner of the game, and the decision is final and incontestable.
4.3 The owner pledges himself not to disclose private information about the participants of the games to the third persons, and also commits himself to keep in secret the
correspondence between the participators.(the owner has no right and possibility to read the inner correspondence of the participants of the project). However the owner
presents the information about the registered players to the Organizer, in whose domain the registration was accomplished.
4.4 The owner empowers the Organizer to produce, distribute and sell souvenir production (T-shirts, cups, stickers, badges) using the logotype of the game. However the honors
“For the contribution into development”, “For bravery and courage”, “For the belief in Future” given to the participants, are produced only by the owner of the game.
4.5 The owner transfers the right for deleting the account of any of the participators (“an exile to Siberia”) to the Organizer within his domain ( it means that the Organizer has no
right to delete the account of the participant registered in another domain). At the same time the Organizer have an opportunity to insert an account of any participant (including
those registered in other domains) into the black list, thus depriving him of the opportunity to pass authorization in his own domain. The Organizer has a right to send off the
account of a player without grounding his decision to the sent off. The participant whose account was eliminated has the right to appeal a protest to the owner of the game and
after agreement be registered in another domain.
4.6 As far as collection of dues for the game via the home paying system (look point 5.1) is concerned, the Organizer agrees that the owner pays off the means received from
participation only in case of successful conducting of the game.
4.7 The owner empowers the Organizer to claim the game come about or not come about.
4.8 The Organizer has a right to create administrators on his domain in the unlimited quantity and give them all the available rights.
4.9 The owner is empowered to dismiss the Organizer from conducting games in his city/region, if the Organizer:
4.9.1 In course of the last 182 (one hundred eighty two) days has not hold any game.
4.9.2 Treats the participants registered in any of the domains in an insulting way.
4.9.3 Creates and conduces primitive games for the purpose of gaining points for the participants and uses sceneries taken from other sites.
4.9.4 Forges and distributes the honors ( “For the contribution into development” , “For bravery and courage”, “For the belief in Future”).
4.9.5 Create levels dangerous for life of the participants and deliberately or not disguises this danger. Creates levels possible to be passed only by means of breaking the rules of
the current legislation.
4.9.6 Incites and stimulates the participants towards breaking the rules of the roads.
4.9.7 Violates the rules of conducting the games (groundlessly disqualifies teams, charges bonuses and fines etc.) for the purpose of falsification of the results.
4.9.8 Understates, points in the description of the game false fees on the purpose of avoiding money deduction to the owner.
4.9.9 Has negative balance (indebtedness) during sixty or more days running.
4.10 The owner has right to create domains for several organizers in one city, if this was not discussed in the oral or written form.
4.11 If the Organizer has positive balance he has right to rent, transfer to the temporary use, present, bequeath, mortgage and sell his domain.
5. Finances
5.1 Every participant of the project has two domestic accounts: W-account and N-account (further comes payment system enmoney).
5.2 The money which the participant puts as deposit is entered on the N-account. This process is called “to fill up the account”. Transferring on the account is done automatically and instantly. To fill up the account via Merchant Web Money, one has to use browser Internet explorer. To fill up the account by means of E-Gold, it is possible to use browser Internet Explorer, Firefox or Opera. In this case the participant himself is responsible for the commission of the payment system.
5.3 The money that the participants get in case of their winning the game are put on his W-account. The participant, who created the game also get money on the W-account, after the game is claimed hold or if the fees are got by enmoney.
5.4 It is impossible to withdraw money from the N-account (exchange it into electronic title notes like Web-Money and E-Gold) as it is meant for paying dues for the coming games.
5.5 It is possible to withdraw money from the W-account. For this the participator makes an inquiry about the withdrawal of money, which is processed within 48 hours. In case of withdrawal of commission by means of payment system the owners of the project are responsible for all the expenses of the transaction.
5.6 The system gives an opportunity to accomplish inner money orders among the participants (without any commission). Besides if the money were transferred from the W-account it is added then on the W-account of the participant receiver, and if the money were transferred from the N-account it is added on the N-account of the participator.
6. Tariffs
6.1 Since January 1, 2008 the following game holding tariffs were established:
6.1.1 "Combat": a team game: 5% from the total fees for a game, 40 USD at the least; one-man game: 5% from total dues per game, 20$ at the minimum.
6.1.2 "Photohunt": 5% from summary fees for a game, 25 USD at the least.
6.1.3 "Wet Wars": 20% from total fees for a game, 15 USD at the least..
6.1.4 "Photoextreme": 5% from total fees for a game, 25 USD at the minimum.
6.1.5 "Cashing": 5% from total fees for a game, 25 USD at the minimum.
6.1.6 "Brainstorming": 5% from total fees for a game,20 USD at the least.
6.2 The minimal fee is taken from the participant who creates the game. At the same time minimal fee is taken before the announcement of the coming game, and if the fixed interest from the total fees exceeds the minimal fee then after the confirmation of the results, additional money are withdrawn from the account of the participant who created the game.
6.2.1 If after the summation of the game the balance of the domain owner becomes negative, it becomes impossible to hold any games in the domain. The owner of the domain must settle the dept in order to continue holding the games in the domain.
6.2.2 If the balance of the Organizer (as well as of any other participant) becomes negative, from the seventh day the imposing of the fine begins. The fine makes up 1% from the sum of the indebtedness. Every day the fine is withdrawn from the account automatically.
6.3 The Organizer has an opportunity to raise money from the participants in cash or via enmoney. If the fees are received by enmoney , then after the summation an additional 1% from the total fee is withdrawn from the participator who added the game.
6.4 The Organizer himself defines the percentage of the prize fund (prize fund is the money, that is received by the participant or the team who won the first place or got any prize place in the game) to the total fees for the game. The Organizer is empowered to establish new percentage of the prize fund to the totals fees.
6.5 When the game is over the organizer confirms that it was a success. If the fees were receive via enmoney then the participant who created the game gets a part of total fees for the passed game. The sum is established by the Organizer. And the winner (team winners) is added a prize fund on his W-account.
6.6 If the game was frustrated because of this or that reason, then either it becomes impossible to define the winner or the victory of this or that participant is disputed by the other participants. The Organizer has a right to claim the game frustrated. If the fees were received by enmoney , the participants get them back on their domestic accounts. If the fees were got in cash, then the Organizer himself decides either to return them entirely or partially.
7. The responsibility of the owner in the face of the Organizer.
7.1 The owner makes the highest possible efforts to provide stable functioning of the servers, where the program complex of the game Encounter is located.
7.2 The owner protects the net where the game servers are located from DDoS attacks on the hard-ware level (the protection is rendered by means of connection CISCO GUARD XT 5650 firewall.
7.3 The program complex is presented “as it is” in the form in which it is available at the moment of presenting. The owner is not responsible for the utilization of the program complex Encounter by the Organizer, does not recover any losses ( including lost profit ) from the utilization of the program complex Encounter.
8. Force Major.
8.1 In case of unforeseen consequences like natural disasters, conflagrations, earthquakes, wars the owner does not account for the efficiency of servers.
9. The period of validity of the order.
9.1 The Organizer registers the domain name and gets it in property thus accepting the current order where the rights and responsibilities of both parties are indicated.
9.2 The present order is valid until the publication of a new edition of the order in the site to the address http://en-world.org/Agreement.aspx. The owner commits himself to inform about the coming changes in the present order thirty calendar days before coming of the changes into force by means of distributing it by the domestic en-mail. After the changes have come into force they are considered to be accepted by the Organizers, if before the date of their coming into force no applications about cancellation of all the agreements with the owner were received.
9.3. In case of discrepancy of the statutes of the present order with the regulations established by the Organizer on his domain, the priority is behind the present order.
9.4. All the arguments are settled by means of negotiations. In case of impossibility of reaching an agreement, the argument is transmitted for consideration of the economic court in the city of Minsk. The applicable law is the law of the Republic of Belarus.
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eesti.en.cx
