TERMS USED IN THIS AGREEMENT
- Agreement - This document "User Agreement" located and available on the Internet at https://website/agreement
- Website\Shop\Platform\Service\Resource - An entertainment resource located at https://website
- Buyer \ User \ Player - A person who uses the Site solely for entertainment purposes to satisfy their purchasing needs.
- Product \ Bonus code - A randomly generated code purchased or received in a lottery, which is a random set of characters that hypothetically gives certain intangible values in the online game world of tanks.
- Account\Account - the Buyer's account on the Site obtained upon authorization using a Wargaming account or any other social network.
- Support\Operator\Actor\Administration - A person or a neural network that answers Players' questions in text or voice format for the purpose of voluntary involvement in the Service.
- Return - Actor's term, meaning the destruction of goods on the Resource servers.
1. GENERAL PROVISIONS
1.1. The following are the terms and conditions for using the Service. Please read them carefully, if you do not agree with any clause of this Agreement, you must immediately stop using the Site and leave the Site.
1.2. The site can only be used by persons who have achieved civil capacity under the laws of their country of residence. All consequences of non-fulfillment of this condition are assigned to the User.
1.3. The site is an entertaining imitation of an online store based on the World of Tanks game, in which the User can purchase or receive the Goods.
1.4. Using the site, the player agrees and understands that all in-game assets can only be purchased at the official World of Tanks store located at https://ru.wargaming.net/shop/ and all funds spent on the Resource are transferred to the further development of the imitation of the online Store in entertainment purposes, is aware of all of the above, is accountable for his actions and is of sound mind and sober memory.
1.4.1 The funds are subject to reimbursement to the Buyer only after his personal appeal in compliance with the procedure provided for by the Service in clause 9 of this Agreement.
1.5. Delivery of the Goods takes place to the E-mail address specified by the Buyer. If the goods were not received by the Buyer within 24 hours, the Buyer has the right to contact the Operator to resend the paid Goods to a new E-mail address.
1.5.1 The Goods delivered to the Buyer's mail, the letter with which the Buyer opened, is a completed transaction. The site does not claim the performance of the goods on the site of online games Wargaming, does not guarantee the receipt of intangible values in online game World of Tanks after activating the received Bonus code.
2. ACCOUNT, SECURITY
To open an Account, the User must log in through the Wargaming OpenID account or any other available social network through which the Service provides such functionality. The User is fully responsible for the storage of confidential information, for the loss of access to his Account. In addition, the User is fully responsible for any actions taken by him. The site is not responsible for actions committed by the User in relation to third parties. The User undertakes to inform the Store of any unauthorized use of his Account.
3. PRIVACY
The site undertakes not to disclose any confidential information provided by the User to the Service. The site also undertakes to store all the User's Confidential Information in encrypted form. Personal data (Link to profiles incl.) can be provided to third parties only with the consent of the User.
Confidential and Personal Information may be transferred to third parties only if required by international law and / or authorities in compliance with the lawful procedure. The site also has the right to transfer Personal and confidential information to third parties if information is transferred as part of the sale or other transfer of business (in whole or in part), while the new owner of the Service transfers all obligations to comply with this Agreement.
4. USER
4.1 The Service reserves the right to refuse the User unilateral service at any time, including in connection with violation of the rules for using the Service or international law. Attempts of unauthorized access, attempts to harm the Service are unacceptable. When adding any information to the site, insults, extortion, slander, bluff, messages containing malicious information (including viruses, trojans, worms, etc.), as well as information that can harm third parties or business are prohibited. reputation of the Service.
4.2 In the event that the User considered the received Goods to be "Incorrect", "Invalid", "Expired", "Not working", etc. solely according to his subjective views, he can turn to the Actors, where he can be offered to purchase the goods again. The Repurchase Offer may use an Acting Game created solely for the entertainment of the Buyer. The Player may be offered a Refund, after which all information about the sold Bonus Code may be deleted from the Service at the Site's discretion.
5. FORBIDDEN
5.1 It is forbidden to publish falsified data
5.2 It is forbidden to transmit any materials that may infringe the intellectual property of third parties
5.3 False publication of information in order to obtain unauthorized access to information or data of third parties is prohibited.
5.4 It is forbidden to publish information of a religious and political nature
5.5 It is forbidden to transfer data to access the Account to third parties
5.6 It is forbidden to publish information that may adversely affect the business reputation of the Service, even if such information, in the subjective opinion of the User, is reliable, for this purpose, all messages written in the Feedback section are pre-moderated on the Site and such information may be changed by the Service at its discretion.
5.7 It is forbidden to insult, call names, question the professional qualifications and integrity of individuals and legal entities, including Users of the Service and the Administration of the Service.
6. RESPONSIBILITIES OF THE PARTIES
6.1 When paying for the Goods by any payment systems, you assume full responsibility for your actions. The site does not force or insist on doing any action.
6.2. The site is not responsible for improper functioning software site or web server. The Player uses the software on an "AS IS" ("AS IS") basis. If the Site establishes that a failure (error) occurred in the operation of the Site when using the Site, then the results that took place during the incorrect operation of the software may be canceled or adjusted at the discretion of the Site. The User agrees not to appeal about the quality, quantity, order and timing of the Goods provided to him.
6.3 The Service does not in any way oblige or force you to perform certain actions. All actions performed by you on the Site are carried out solely under your responsibility.
6.. The site can unilaterally update/add/edit this Agreement without mandatory notification of the Users. Players are obliged to independently monitor the changes in this agreement, the last date of editing this Agreement is always indicated at the bottom of this page.
7. ACCEPTANCE (ACCENT) OF THE TERMS OF THE AGREEMENT
7.1 By clicking the BUY button in the pop-up window on the pages of the site, you agree to accept and be bound by the terms of this Agreement and you accordingly
a) agree to use the means of electronic communication to conclude contracts;
b) You also waive any applicable rights or claims that require a handwritten signature, to the extent permitted by any applicable law;
7.2 If you do not agree to accept and continue to follow the terms of this Agreement, please do not register an Account and / or stop using the Resource. Your continued use of the Service will be deemed your acceptance of the terms of this Agreement, which we have advised you may be subject to from time to time.
8. RIGHTS
8.1. The exclusive right to the Service belongs to the Service
8.2. Trademarks, brand names and illustrations are the property of their respective owners.
8.3. The site is not a public offer, so any information posted on the site (including any details of individuals / legal entities, addresses, phone numbers, photographs) cannot be regarded as reliable. The only and legally significant information is available only on the Agreement page.
8.4. https://site is not part of Wargaming Group Limited, is not a partner and does not claim any relationship between the Service and Wargaming Group Limited.
9. DISPUTES AND CLAIMS SETTLEMENT
In the event of disputes between the User and the Service regarding the execution of this Agreement, the parties will take all measures to resolve them through negotiations between themselves. Complaint dispute resolution procedure is mandatory.
Claims are accepted and considered by the Service only in writing to an email address and in the manner prescribed by this Agreement and the current legislation of the Russian Federation.
To resolve disputes that have arisen between the User and the Service, the following claim procedure is applied:
- The user, who believes that his rights have been violated by the Service, has the right to send the latter a claim containing the essence of the requirement, the rationale for its presentation, as well as his contact details.
- The Service considers the received claim within 10 (Ten) business days from the date of receipt of the claim and sends its response to the e-mail address or postal address specified in the claim;
- If the dispute is not resolved by the claim procedure, the dispute is subject to consideration in accordance with the legislation of the Russian Federation and the rules on jurisdiction in the court at the location of the Service.
The Service does not consider anonymous claims or claims that do not allow the User to be identified based on the contact information provided by him, or claims that do not contain the data specified in this paragraph of this Agreement.
ATTACHMENT 1
If the Buyer considers the transaction invalid, he is entitled to a refund of the amount paid for the Goods, for this it is necessary to contact the Service to resolve the claim in accordance with clause 9 of this agreement. To receive a refund, please contact e-mail address and prepare the following list of documents:
1. Attach an identity document, which shows the full name of the Buyer and date of birth (Other data can be covered up).
2. Attach a selfie photo with the document to identify the Buyer to the sent document. 3. Attach proof of payment, as well as the details from which the payment for the Goods was made.
3. Attach a photo or a scanned copy of the application in free form describing the reason for the return (MANDATORY INDICATING - Article from the Civil Code of the Russian Federation § 2 Invalidity of transactions or the article of the RF RF LC on the basis of which a refund is requested) with a detailed explanation.
4. Attach details for reimbursement.
The refund will be processed within 3 (Three) business days. If the Service has additional questions - the Buyer must answer them, if the answer is not received within 3 (Three) business days - the refund application is closed. If the refund is satisfied, it is sent within 7 (seven) working days minus the commission for servicing acquiring systems both when making a Purchase and when making a refund.
Gamers treat their accounts as a very valuable asset. Which is logical: after all, hundreds of man-hours have been invested in creating a character of precisely this level, with precisely such skills (or even fame). There are frequent cases when account hijacking is considered as a full-fledged criminal offense: last year in Belarus about the theft of an account in World of Tanks with a tank, for which the owner spent about 1000 UAH to upgrade.
The same can be said about the owners of popular accounts in in social networks or on online auction sites: in the May elections, the public “Typical Kyiv” for $1 million. But despite the fact that such accounts are quite valuable intangible assets, their purchase and sale is not directly regulated by law in Ukraine.
That is why the editors asked Illarion Tomarov, Senior Associate and Head of Intellectual Property Practice at AstapovLawyers, to explain to users what happens in terms of Ukrainian law when you try to buy or sell an account in a computer game, social network or online auction. And also - what legislative consequences and responsibility may arise for you in this case (illustrations are selected by the editors).
How accounts are sold in games, networks and auctions
If you search the Internet for the words "sell account", you will be offered to buy an infinite number of player accounts in computer games (most often this is WoT). The price of some "pumped" accounts reaches tens of thousands of hryvnias. There are sites and forums that specialize in buying and selling accounts, mediation and guarantees in such transactions.
On the Internet, you can buy accounts in the social networks VKontakte, Instagram, Twitter and Facebook. Most often they are sold in packages, and taking into account the information war at the moment, this is a very good product - the sellers themselves write that demand and prices have recently increased. Much less often they buy one separate account, which, for example, has several tens of thousands of active readers.
Each buyer of such a product has its own goal: either to instantly get the opportunity to fight with rivals in a computer game, or to get a certain audience to offer their goods / services / ideas, or to be able to deceive users of online auctions by offering a good lot at a low price, and after receiving the money to disappear without a trace.
In World of Warcraft, a similar character with unique swords was sold in 2007 for about 7,000 euros. True, according to rumors, Blizzard banned the account, since the sale and purchase of accounts by the company is prohibited.
The value of an account is determined by different criteria, depending on the system in which it exists. If this is a computer game, then the more rating, weapons or skills the hero has, the more expensive the player's account. If we are talking about an online auction seller account, the price depends on the reputation of the person, that is, the history of successfully completed transactions and positive customer reviews.
What does buying or selling an account legally mean?
From a household point of view, buying an account is the transfer (message) of a login and password(or other information that identifies the owner of an account in a particular system) from the seller to the buyer so that the buyer can fully manage the account, including changing the login and password.
From a legal point of view, everything is more complicated. First, let's try to apply the rules about buying / selling goods to transactions with an account. Obviously, the login and password are information, a set of characters, and not a thing, so property rights remain as the subject of the contract. But such an approach will not help us, because the norms of the Civil Code of Ukraine (hereinafter referred to as the CCU) on the purchase and sale relate specifically to things as objects of the material world.
Let's see in what legal relationship an account arises. Obviously, when registering in a social network, forum, computer game or auction, you, as a user, enter into an agreement with a company that provides services within the framework of a particular service. Actually, an account is a condition for access to the service itself: communication, playing, or placing offers to purchase goods. The account arises within the framework of legal obligations with the service provider.
Tier 9 tank IS-8 - this one, along with the account, was stolen from a Belarusian gamer in February last year
We emphasize an important circumstance - a company that provides services on the network identifies users precisely with the help of a login, and not the real name of the person, which is indicated in the passport. The courts of Ukraine have repeatedly confirmed that any person under any name can register on social networks, so any person can create and maintain a person’s page on social networks, including by posting information and photos.
Another way to explain the nature of account selling is − replacement of a party to a contractual relationship by assignment of the right to claim. This means that the person who created the account has the right to claim against the person who provides the service (service). Further, by transferring (messaging) a login and password to another person, refusing to continue using the service under this account, this right is assigned to the buyer.
The latter actually becomes a new user, although for the party that provides the service (service), the user has not formally changed while the same login is valid - the account name.
Such an explanation has the right to exist, if not for one circumstance - most of the services in the "Rules of Use" section, which are an integral part of the agreement with the user, expressly prohibit other persons from sharing their username and password to the account. Under this condition, the contract of sale is generally invalid, because the parties agreed on the prohibition of the assignment of the right to claim under the contract.
Actually, you can dream up and offer a few more ideas that would explain the nature of such a transaction: renting the right to use the account and all its capabilities (formally, the Civil Code of Ukraine allows this - part 2 of article 760); service for providing temporary access to someone else's account.
Is it possible to dispose of the right to use the account or is it not transferable to third parties? In our opinion, the answer to this question matters in two situations:
- Who will be responsible for the actions carried out from the account - the new owner or the old one?
- Can a person who paid for someone else's account, but did not receive a login and password for access, go to court to recover damages from the seller or force him to fulfill his obligation in kind. Is this right enforceable?
In our opinion, the criterion for the recognition of such a right and its protection should be the compliance of the behavior of the parties with the general requirements for the exercise of subjective civil rights and the validity of transactions. For example, if an account is bought for the purpose of exploiting someone else's reputation and exploiting consumer confidence in a particular seller, then this is an abuse of the right. If we are talking about an account in a computer game, then abuse is hardly possible.
What are the legal consequences if the account was bought with the intent to break the law
If someone else's account is used to harm a third party - publication of false information, etc., then if the court refuses to recognize the new owner of the account (from which the actions that caused the losses were carried out), this should not be the basis for releasing the offender from responsibility.
The court must award damages to the person who caused the damage(Article 1166 of the Civil Code of Ukraine), while the primary owner of the account (the person who initially registered it) is at least not directly involved in the placement of false information, that is, he did not commit actions that caused harm. This is correct until the use of the account is classified as a source of increased danger, when it is the owner of such a source who is responsible for the damage.
When the buyer of an account is accused of causing harm, in order to avoid liability, he will obviously refuse to purchase and will indicate that the account belongs to the primary owner, who should be responsible for the information distributed from this account.
Is the right of a person to force the seller of an account to fulfill an obligation in kind - to transfer the login and password to the account, is subject to judicial protection? We believe that, subject to the provision of appropriate evidence of the conclusion of such a transaction, the court should not deny the person protection. Of course, if the terms of use of the service prohibit the transfer of the login and password from your account to third parties, the court may invalidate such a transaction.
Often the purpose of buying a login and password for someone else's account is to commit criminal acts.
In April 2014, in a criminal case, the court found that a person operating through an account on the website of a well-known online auction posted ads for the sale of goods at a clearly underpriced price. After receiving an advance payment from buyers, the scammer did not send the goods and did not return the money. After complaints from deceived buyers to the security service of the online auction, the criminal’s account was blocked, but he bought a login and password for several more accounts on the Internet that belong to third parties.
This transaction would not be legal, because they were not sold by the owners of the accounts, but by another person without their consent. After that, the criminal repeated his scheme, placing ads on behalf of the people whose account access he bought. The security service could not quickly block it, because formally the product was sold by a user whose account had a good reputation and a reliable history.
In addition to buying someone else's account, transactions such as transferring an account for use are possible. Thus, in the case of the protection of honor, dignity and business reputation, it turned out that information about the plaintiff was disseminated as follows: the first person provided the second with his account - a personal page on the forum, and the second person, having logged in under the account of the first on the forum, disseminated certain information about the plaintiff.
The account market exists in the absence of civil law regulation and at the moment has not gained such momentum in Ukraine that would affect the emergence of law enforcement practice.
Illarion Tomarov, Senior Associate, Head of Intellectual Property Practice at AstapovLawyers
Last week, I was puzzled by the purchase of World of Tanks souvenirs for one fan of the game. There used to be a cool souvenir shop on the World of Tanks website, but then it was closed for refurbishment, and, as I understand it, it has not yet been opened. Well, it's okay: there is eBay, where you can buy anything at all. Including souvenir products that have long ended in stores.
I went in, looked, and with some surprise found that there are a lot of souvenirs, but the main product on eBay is not at all rugs, watches and flash drives, but ... accounts themselves. For an amount from 500 to 60,000 rubles, you can buy an account with tanks of different levels. Of course, the more expensive, the better the set of tanks.
Good business! Well, it turns out that you can chop tightly into tanks for your pleasure for a couple of months, pump thoroughly, and then sell everything to someone and start over. Yes, a couple of months before the tenth level you are unlikely to break through, and you will not earn the coveted sixty thousand. But even 10-15 thousand is a good increase to the budget in the Russian provinces.
I just had a feeling that there was some kind of flaw in such a business. And in order to find out for sure, I asked Ivan Zhivitsa from Wargaming to advise - who can be asked leading questions. And here's what we learned from the conversation with Dmitry Andronchik, head of Wargaming's user support service.
It's no secret that in social networks and on eBay there are a lot of offers to sell a Wargaming account with one or another technique, experience, etc. For many, upgrading accounts has become a kind of business. Which terms of the user agreement does it violate?
Selling World of Tanks accounts is one of those problems that we have been facing for more than a year. Obviously, such a number of people who want to sell or buy an account in Tanks is directly related to the success of the game and the large community. However, no matter how pleased we are to realize the popularity of the project, the sale and purchase of accounts is prohibited under the current User Agreement, and in some cases (thank God, there are not so many of them) it even looks like a scam.
A player who sells a game account violates clause 4.3.5 of the agreement:
« The user is not entitled transfer rights in relation to the Game, including its Additional Features, for commercial or non-commercial purposes to third parties, including by transferring the Account, entering into an agreement or otherwise».
The actions of a player who buys an account violate clauses 4.3.6 and 4.3.7:
« The User is not entitled to use the Account of another User».
« The User is not entitled to alienate or otherwise transfer the Account or acquire the Account of another User, including by exchanging or receiving as a gift».
Sounds scary. Well, I contacted the seller on eBay, bought an account from him along with the mail to which he is registered. I'm starting to enjoy life. What happens if you notice?
You won't envy the violators. The account is blocked once and for all without the right to appeal. It does not matter whether the player knowingly went around the rules or not. The application of sanctions against exhibited in this moment for the sale of gaming accounts - just a matter of time. Not a single attacker has yet managed to get away with it.
We have a wide range of tools that allow us to clearly, quickly and accurately identify such cases. It happens that players try to cheat, passing off the sale of an account as an attempt at unauthorized access, etc. You will not hear any stories. Here is a recent case study (original spelling and punctuation retained):
“I will try to clarify the situation for you and I really hope that you will understand me, since I have invested part of myself in this account and now this loss has a strong effect on my health. I work as a system administrator in an agricultural enterprise (I can provide documents), we have many neighboring competitors both geographically and directly in business. Last August, I refused to hand over the footage from our video cameras to the deputy of a competing company in that its employees agreed on illegal transportation of products with our drivers. Since then, I have been constantly put spokes in the wheel. That evening, I did server maintenance and played tanks along the way, and we had a small holiday at the company where we invited the livestock specialist of that ill-fated enterprise along with friends. I think there is no need to explain that once again they decided to mock me. They came and asked to play. Naturally, I refused. Well, they immediately began to blackmail me, including threatening me, they took away the keys to the car and the documents that were on the table. They began to demand to give up the account, since I don’t want to let it play. I felt bad, I have heart problems (again, I can provide documents) and I gave everything ... I didn’t give the mail by chance because it was tied to my old phone number, which hasn’t been available for a long time ... I have nothing more to add, I just sincerely hope that You will understand me, because all this time I live in a state of stress ... "
No matter how heartfelt and true the story may seem, we continue to repeat: "Please do not try to mislead the Project Administration."
Given the huge baseWargaming ID, is it technically possible to track the transfer of individual accounts?
Transferring an account to another player is prohibited, and a user who transferred registration data to another is subject to sanctions.
We can not only timely reveal the facts of such frauds, but also differentiate them quite clearly. The more serious the violation, the more severe the punishment. While many of our processes are automated, we strive to provide a personalized approach when dealing with account transfers. Sometimes players themselves admit that they did not register the account they use.
And now you can see and catch everyone right?
It's hard to hide anything from us. It is immediately clear when words disagree with reality. How exactly we distinguish lies from truth, I would like to keep a secret :)
The account is transferred quite often. Unfortunately, violators do not realize the seriousness of their actions, and they do not think about the consequences at all: the transfer of registration data negatively affects the security of the account. Not always access to accounts is provided by players deliberately. In some cases, especially gullible users fall for the bait of scammers (for example, through " Pumping services", etc.).
We put a lot of effort into instilling a sense of vigilance in players and try to always keep them aware of the most common fraudulent services and schemes.
The tank portal has a special section dedicated to account security. There are various articles with recommendations for protecting accounts. From time to time we hold promotions that encourage players to change passwords in the game more often, link them to accounts Cell phones etc. Now, for example, there is a promotion under which users can change their mail and get a nice bonus. We sincerely hope that our efforts will not be in vain and gamers will begin to approach the issue of protecting accounts more responsibly. And there will be fewer such calls (the spelling and punctuation of the user are saved):
« I changed the password again to the one that was before (before the hack) (quite strong) - is this a vulnerability?»
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