Welcome to Free Gold
FOR USING THE PLATFORM FOR INTERNET SERVICES PROVISION TO PHYSICAL PERSONS
- Approved: July 19, 2013
- Posted: July 19, 2013
- User Agreement. Last updated: July 19, 2013
1. TERMS AND DEFINITIONS
Platform for Internet Services provision («the Platform») is a hardware and software system ensuring information and technological interaction of the Platform Operator, Users, Advertisers and other persons using the Platform (hereinafter – «the Platform Participants»), subject to the requirements set forth herein. The Platform Operator is the Platform owner and administrator.
Platform Application (hereinafter «the Platform Application») is the Internet web site containing information about the Platform, terms of its use, placed in the Internet network, and also containing the list of Promo Offers and information about Promo Applications.
Mobile Application Operator is the Company Fast Provider Ltd. and/or the persons engaged in Mobile Application administration ensuring operability of the server equipment and software where Internet Services are located («the Platform»).
Promo Offer is a series of activities determined by the Advertiser or the Platform Operator the Users are required to perform in order to get Bonuses and/or other virtual currency.
Promo Offers List (POL) is a series of Promo modules and Promo events.
Platform Operator is the Company Fast Provider Ltd. ensuring information and technological interaction of the Platform Participants.
User is a physical person or a legal entity that has accepted the terms and conditions hereof in order to use the Platform.
Acceptance of Agreement is full and unconditional acceptance of all terms and conditions hereof by the User without any exclusions and/ or restrictions, equivalent to conclusion of a written mutual Agreement.
Advertisers are physical persons, legal entities or sole proprietors that have placed Promo in the Mobile Application of the Platform.
Identification is a specific procedure of User registration in the Mobile Application of the Platform.
Premium (Bonus) is the premium in monetary funds or other virtual currency or a set of User rights paid and/or credited to the User for completed actions as set forth in the Promo Offer. The Bonuses shall be regulated by the terms and conditions set forth in the present Agreement or in the Promo Offer. The Bonuses (except for the Bonuses credited as a real monetary premium) cannot be exchanged for real monetary units by the Platform Operator. The Platform Operator can change the value and the conditions stipulating the rights to Bonuses use at any time at its own discretion before the date of monetary premium payment to the User. The User hereby agrees that he is not the owner of Bonuses, and that the Platform Operator reserves the right to unilaterally dispose of, regulate, control, change and/or cancel the Bonuses, and exercising this right the Platform Operator shall not be liable for these actions to the User.
Operation is the transaction related to crediting, use or transfer of Bonuses or other virtual currency using the Platform.
Request is the User’s order on completion of Operation.
2. SCOPE OF AGREEMENT
2.1. This Agreement shall provide the User with an opportunity to use the Platform for the purpose of getting, accumulation and use of Bonuses or other virtual currency by means of meeting the conditions set forth in Promo Offers by the Platform Operator, and use the additional services provided by the Platform Operator, including text, graphics, images, software, information and other materials. And provide the User with access to the Platform services by the Platform Operator; assurance of receiving and execution of User Requests, information and message exchange using the Platform services.
2.2. The Platform Operator shall have the right to provide the User with the services not covered herein. Information about the services provided to the User, the list and the nature of Operations the User can perform using the Platform is available in the Mobile Application of the Platform.
3. INTELLECTUAL PROPERTY
3.1. The Company Fast Provider Ltd., as well as the companies comprising Fast Prodider Ltd. group of companies, and its licensors (copyright holders) are the sole owners of all rights to the software product – the mobile application, the initial code, platform structure and organization including copyright, trade secrets, intellectual property and other associated rights.
3.2. Designations «Gold For Tanks», domain names «gld4.com», «gld4.ru», and any other trade marks, service marks and (or) brand names used by Fast Provider Ltd. in the Mobile Application from time to time ("Trademarks") are the trade marks, service marks and (or) brand names of the company Fast Provider Ltd. or of one of the companies comprising its group of companies, its licensors, that said, the said organizations reserve all rights to such Trademarks.
3.3. All results of intellectual activity (elements of Mobile Application design, symbols, logos, texts, graphic pictures, illustrations, photos, video, programs, music and other items) used and placed in the Mobile Application, and the Mobile Application itself constitute the intellectual property of their legal copyright holders and are protected by the intellectual property legislation: Copyright Act of 1998 and the corresponding international legal conventions.
3.4. As a Platform User you agree to perform no actions that constitute a real or a potential threat to the rights to the Platform, including intellectual property rights of the company Fast Provider Ltd., the companies comprising Fast Provider Ltd. group of companies. You also agree to perform no actions that can injure the image and reputation of Fast Provider Ltd., the companies comprising Fast Provider Ltd. group of companies, employees, directors, administration of the Mobile Application or consultants of Fast Provider Ltd.
3.5. Any use of the intellectual activity results placed in the Mobile Application without approval of the Mobile Application administration or the copyright holder can cause the court proceedings and bringing violators to civil, administrative responsibility and criminal prosecution as per the applicable legislation.
4. PROCEDURE AND CONDITIONS OF PLATFORM USE
4.1. Getting of Bonuses. The Platform Operator shall credit Bonuses to the User, if the User clicked on the task button and only then performed the actions described in each specific Promo Offer. The Platform Operator shall unilaterally determine the amount of transferred Bonuses, depending on the fulfilled conditions of a certain Promo Offer. In case the task was completed before clicking the task button, bonuses shall not be credited.
4.2. Fulfillment of Promo Offer conditions. Performance of actions specified in the Promo Offer accessible through the link to the Advertiser’s Promo Offer is deemed to constitute fulfilled conditions of the Promo Offer, and gives the User a right to receive Bonuses, subject to meeting all conditions set forth in the Promo Offer, and the conditions hereof.
4.2.1. And the User shall have no right to modify the link used for access to the Advertiser’s web site. To have the Promo Offer conditions considered fulfilled, some Advertisers, and sometimes technology-based limitations used to follow fulfillment of Promo Offer conditions, can require the User to completely fulfill all Promo Offer conditions at the same physical device and in the same browser session, from which he clicked the Promo Offer link to pass to the Advertiser’s web site.
4.3. Unilateral decision of the Platform Operator, changes. The decision on fulfillment of Promo Offer conditions, and crediting of Bonuses for fulfillment of Promo Offer conditions, and their amount shall be unilaterally made by the Platform Operator. The amount of Bonuses the User gets for fulfillment of Promo Offer conditions can be reconsidered. The Platform Operator can unilaterally change the amount of the User’s Bonuses in the User Account. In case the Advertiser cannot confirm to the Platform Operator any transaction or actions to be completed by the User, the Platform Operator reserves the right to retain or cancel the Bonuses given out in compliance with the Promo Offer conditions. If the User does not agree with the changes introduced into his User Account, he can contact the support service by email: email@example.com.
4.4. The opportunity of using the Platform services is provided to the Platform Users – the owners of the telephone numbers of the Russian Federation, Kazakhstan, Ukraine and the Republic of Belarus cellular operators. The Users that own the telephone numbers of the cellular operators of other countries shall not be served.
4.5. The User hereby waives all claims against the Platform Operator related to the Bonus balance in the Account. In case the User is dissatisfied with the Mobile Application and the services provided by the Platform Operator, the remedy that the User can apply to is removal of the User Account according to the terms and conditions hereof. The Platform Operator reserves the right to remove the Account for violation of the terms and conditions hereof, for offensive or illegal activities, and in case the User fails to be available by the indicated e-mail address.
4.6. Replenishment of the User’s Virtual personal account. Bonuses shall be transferred to the User’s personal account after confirmation received by the Platform Operator from the Advertiser on fulfillment of Promo Offer conditions.
4.7. The questions related to Promo Offer fulfillment by the User shall be addressed to the technical support service, using the hyperlink inside the application, on the page with a list of tasks.
5. PLATFORM OPERATOR AUTHORITY
5.1. The Platform Operator shall be entitled to restrict, suspend or cancel execution of all or a part of the User Requests on completion of Operations, provided that they contradict the applicable Legislation, contract or in case the User employs the Platform for the purpose of violation of the rights of third parties.
5.2. The information on the User Account status and other information significant for Platform use is recorded and stored by the Platform Operator in the Platform database.
5.3. The Platform Operator reserves the right to ban or restrict any purchase, receiving or repayment of Bonuses at any time, in any amount and for any reason. The Platform Operator reserves the right to terminate, suspend or cancel execution of any Operation in case of fraud or suspicion of fraud, violation of other laws and regulations, or intended interference with operation of the Platform Operator services.
5.4. The Platform Operator reserves the right to unilaterally remove and/or ban any Account (or its part) or terminate use of services provided by the Platform Operator by the User, or remove the User Account (in full or in part) for any reason or without any reason at all, without imposing a penalty and without any prior notice.
5.5. The Platform Operator reserves the right to unilaterally terminate the User’s access to the Mobile Application of the Platform (in full or in part) at any time, with or without prior notice. The User hereby agrees that any termination of access to the Mobile Application or any Account (in full or in part) becomes effective without any prior notice, and that the Platform Operator shall not be liable to the User or any third party for such termination of access.
5.6. The Platform Operator reserves the right to apply to the corresponding law enforcement authorities in case of suspicion of fraud, offensive or illegal activities. Such measures shall be taken by the Platform Operator in addition to any other measures taken by the Platform Operator according to the requirements of applicable Legislation.
6. DECLARATIONS AND WARRANTIES BY USER
You declare, warrant, promise and agree that before and during the term of your use of the Service:
7. PLATFORM USE RESTRICTIONS
7.1. It is prohibited to introduce any changes into the Platform software and/or any its part on one’s own or attracting third parties, and use any means of automated access to the Platform while using the Platform, unless otherwise agreed in writing by the Platform Operator in advance. You are not entitled to copy, distribute, post, decompile, recompile, disassemble, modify or retrofit the Platform or make any attempts of getting access to the initial code to generate derived works based on the initial Software code or otherwise; sell, assign, sublicense, transfer, distribute or make the Software available for temporary use; export the Software to any country (both physically and using electronic means); and use the Software in any way prohibited by the effective laws and regulatory documents (each of the above mentioned actions hereinafter referred to as "Misuse of the Platform").
7.2. The User shall be solely liable for any damage, expenses and costs incurred as a result of or in connection with any Misuse of the Platform.
7.3. All actions the User undertakes in relation with the Service the User shall perform in person using the User interface available while using the Software. Artificial intellect devices or other automated programs (e.g. robots) used exclusively for the purpose of obtaining any kind of profit shall not be allowed. The present Agreement shall not provide for implementation of the Mobile Application, services and content of the Mobile Application for commercial purposes or on behalf of the third parties or otherwise. In case the said requirements are violated, administrative action can be brought against the User, according to the decisions contemplated by the statutory provisions of the applicable Legislation.
7.4. It is prohibited to register oneself as a User on behalf of or instead of another person («False Account») or register a group (association) of persons or a legal entity as a User.
7.5. It is prohibited to mislead the Users in respect of one’s personality using the login and the password of other registered User;
7.6. It is prohibited to garble the information about oneself or one’s relations with other persons or organizations;
7.7. It is prohibited to use foul language during registration in promo events and during communication with the Support Service.
7.8. It is prohibited to use the mobile application on virtual mobile devices and emulators.
7.9. It is prohibited to use more than two physical devices for performance of tasks in favor of one physical person or legal entity.
7.10. The use of automation facilities, anonymizer systems and other companies or organizations that provide an access through open proxy servers for the purpose of concealing or substitution of information about User, as well as the User’s actual location.
7.11. The use of obscene language when registering for promotions or communicating with the Support Service.
7.12. Should the User create any accounts which violate paragraphs 7.4, 7.5, 7.6, 7.8, 7.9, 7.10 of this Agreement, they shall be deemed “Fake Accounts”, and liable to be blocked immediately.
8. OTHER CONDITIONS OF PLATFORM USE DETERMINING RIGHTS AND DUTIES OF USER AND PLATFORM OPERATOR
8.1. Within the scope hereof the Platform Operator shall reserve the right to:
8.1.1. Retrofit any software of the Platform.
8.1.2. Suspend operation of software and/or hardware ensuring Platform operation in case any significant defects, errors and faults are identified, and for the purpose of routine maintenance and prevention of unauthorized access to the Platform.
8.1.3. Prohibit automated access to the Platform having been agreed before, and stop receiving any automatically generated information at any moment of time.
8.1.4. Require from the User clarifications necessary to the Platform Operator, irrespective of successful/unsuccessful Identification of clarifications necessary to the Platform Operator, in case:
- Resulting from hereof;
- To enable the corresponding service;
- There are some grounds for the Platform Operator to suggest that the User violates the terms and conditions of the present Agreement, applicable Legislation, rights and legally protected interests of the Platform Operator, Platform Participants and/or other third parties, or provides false personal or other data (in cases the User is required to provide personal data in order to enable the Platform Operator to provide the Internet services);
- In other cases at the discretion of the Platform Operator.
8.1.5. Deny the User in completion of Operations before the User submits clarifications on the form established by the Platform Operator, and their consideration in the following cases:
184.108.40.206. should the Platform Operator has some doubts about proper use of the Platform;
220.127.116.11. should the Platform Operator need to identify the User, at its discretion;
18.104.22.168. impossibility to establish and/or maintain technological and information interaction with the Advertisers or other Platform Participant due to reasons beyond the control of the Platform Operator;
22.214.171.124. In other cases at the discretion of the Platform Operator.
8.2. Information about the Platform related to its use is posted in the Mobile Application of the Platform. Information related to revision of the terms and conditions hereof, software modification and/or necessity of its update, modification, types and means of Identification, consequences of successful Identification, enabling of additional services shall be also posted in the Mobile Application of the Platform.
9. LIABILITIES OF PARTIES
9.1. The Platform Operator shall not be liable for defects, errors and faults in the operation of the software and/or hardware ensuring proper functioning of the Platform occurred due to reasons independent of the Platform, and the resulting losses suffered by the User.
9.2. The Platform Operator shall not be liable for temporary absence of access to the software and/or hardware ensuring proper functioning of the Platform by the User, and the resulting losses suffered by the User.
9.3. The Platform Operator shall not be liable for any losses suffered by the User and/or third parties, loss of information as a result of Platform use or its unavailability, for lost profit, short-received profit, loss of data, and consequential, special, indirect, exemplary or punitive damages, provided that such liability limitation is allowed by the applicable Legislation. In no circumstances the Platform Operator, Advertisers or other Platform Participants shall be liable for contingent damage or loss.
9.4. The Platform Operator shall not be liable for losses suffered by the User as a result of illegal actions of third parties, including related to unauthorized access to the User Account.
9.5. Unless expressly provided otherwise, the Platform Operator shall not be responsible for all materials, information, messages, opinions or services placed in the Mobile Application of the Platform, and for the content of information referred to by this Mobile Application, provided in the initial form and available version, without any warranties on the part of the Platform Operator. The User hereby agrees that:
9.5.1. The Platform Operator has no control of and shall not be liable for any content of Internet web sites, products or services of the Advertisers or other Platform Participants linked to the Mobile Application of the Platform, including but not limited to the Advertisers’ Promo Offers, accessible through the links in the Mobile Application, including promo events;
9.5.2. The Platform Operator shall give no warranties in respect of such third-party services providers, content of their Internet web sites, products or services , including the fact that their systems may fail to properly identify the User or incorrectly process use of Bonuses by the User;
9.5.3. The User shall be fully liable for any interaction with third-party services providers.
9.6. The Platform Operator, Advertisers or other Platform Participants shall give no warranties, explicit or implied. The Platform Operator shall not confirm or guarantee accuracy, relevance or authenticity of any information posted, loaded or distributed using the Mobile Application of the Platform.
9.7. The Platform Operator, and the Advertisers and other Platform Participants shall give no warranties that the Mobile Application of the Platform shall meet all requirements or expectations of the User, that the access to this Mobile Application or any information, messages, or services, links to which are provided in this Mobile Application, will be operating, relevant, safe or correct, and that the results of such use will be accurate and reliable and will correspond to the purposes of the User.
9.8. The Platform Operator shall take all available measures to ensure security of the Mobile Application content, however the former shall give no warranties that any files or other data loaded by the User from the Mobile Application will contain no viruses, malicious software or hostile components, including but not limited to all viruses, hostile programs, Trojans, worms, advertising, spy and criminal software, online graffiti generators, installation programs, keyloggers, robots or other malicious software or elements, as a result of illegal actions of the User or the third parties.
9.9. The Platform Operator shall not be liable for actions of third-party services providers or partners both online and offline.
9.10. The User hereby understands and expressly agrees that the Platform Operator (or its employees, directors, investors, subsidiary companies, agents, successors, representatives, suppliers, partners or staff members) shall not be liable for any direct or any actual, indirect, accidental losses, including but not limited to whatever losses incurred as a result of lost opportunity of using the data, or any other intangible damages (even if the Platform Operator has been advised of the possibility of such damages) occurred as a result of use or unavailability of the Mobile Application of the Platform, deletion or termination of the Mobile Application of the Platform, unauthorized alteration or access to the User’s materials or data, errors or omissions in the content of the Mobile Application of the Platform, declarations or actions of the third parties in the Mobile Application of the Platform, instructions, information or services provided in the Mobile Application of the Platform (including Promo Offers posted in the Mobile Application of the Platform and Bonuses), or accessible through the link in the Mobile Application of the Platform, and for any other reason related to the Mobile Application of the Platform.
10. OFFENSIVE WORD LEXICON OR MATERIALS
The User shall be forbidden to use any illegal, obscene, slandering, discrediting, menacing or other offensive materials or messages in the Mobile Application or during communication with the personnel of the Mobile Application Operator.
11. VIOLATION OF OBLIGATIONS
11.1. Violation of any provision hereof by the User in full or in part shall be deemed as the unilateral termination of the present Agreement. In this case the Platform Operator shall have the right to immediately block the User’s access to the Mobile Application Services, block the User Account, and/or bring court proceedings against the User, at its own discretion.
11.2. You agree to discharge from liability, hold harmless and indemnify Fast Provider Ltd. and its shareholders, directors and employees against all claims, demands, liabilities, damage, losses, expenses and costs, including legal expenses and any other expenses, irrespective of the reason of their occurrence, which can be incurred as a result of:
- Your violation of the terms and conditions hereof in full or in part;
- Your violation of any law or the rights of any third parties;
- Use of the Platform Services by You or any other person having obtained access to the Services using Your logging information, no matter whether You have authorized it or not.
12. PROCEDURE FOR CONCLUSION AND TERM OF AGREEMENT
12.1. The Agreement of Platform use is concluded between the Platform Operator and the User and constitutes a binding Agreement.
12.3. Gaining access to the Mobile Application of the Platform, using it in any form, having registered the Account in the Mobile Application, and passing through any link in the Mobile Application of the Platform or through any of the links from the Promo Offers List, the User shall express his unconditional consent to all provisions hereof and assure he will comply with such provisions hereof.
12.4. In case of disagreement with the terms and conditions hereof the User should refuse to use the Mobile Application of the Platform by means of clicking on the button “Refuse”, or refrain from using the Platform, the Mobile Application of the Platform, Promo Offers and other services provided by the Platform Operator.
12.5. Any time using the Mobile Application of the Platform the User undertakes to communicate only authentic data, and true information.
12.6. This Agreement is of unlimited duration.
13. AMENDMENT AND TERMINATION OF AGREEMENT
13.1. The Platform Operator shall have the right to unilaterally introduce changes (amend, edit, update, add or remove any parts of) the Agreement by means of posting the information about such changes in the Mobile Application of the Platform. The changes shall become effective from the moment of their posting in the Mobile Application of the Platform. In case of disagreement with the revised terms and conditions hereof the User shall have the right to terminate the Agreement.
13.2. The Agreement can be terminated by the User by means of a written notice to the Platform Operator necessarily specifying the Account number. Provided that the Platform Operator has no claims, the Agreement shall be deemed terminated upon the expiry of 14 (Fourteen) calendar days after the said notice is received. The notice shall be considered proper if it is sent by email (as an email message sent to the email address of the Platform Operator: firstname.lastname@example.org) and sent by regular mail to the registered (location) address of the Platform Operator, specified in the point 18 hereof.
13.3. The Agreement can be terminated by the Platform Operator:
13.3.1. in case of violation of the terms and conditions hereof by the User;
13.3.2. in case the User provided untrue data;
13.3.3. in other cases mentioned herein.
14. LINKS TO INTERNET WEB SITES OR THIRD PARTY SERVICES
14.1. The User shall assume responsibilities for the access to any other Internet web site through the links in the Mobile Application of the Platform, including but not limited to the Internet web sites of the Advertisers and other Platform Participants. The User understands that such Internet web sites can be subject to the proper rules, privacy policies, personal data transfer policies, and other policies, which may be different from the policies of the Mobile Application of the Platform. The Platform Operator shall not be liable for the content, products and services provided on any Internet web site linked to the Mobile Application of the Platform, and for the changes, updates or unavailability of any product or service on such sites. The Platform Operator provides these links for convenience only, and indication of any link does not imply that the Platform Operator approves, warrants or assumes responsibility for the content, products or services placed on such third-party Internet web site.
If any provision hereof is or becomes unlawful, invalid or unenforceable in any jurisdiction, it will not affect the validity or enforceability of any other provision hereof in the same jurisdiction, and the validity or enforceability of this or any other provision hereof in other jurisdictions.
16. DISPUTE RESOLUTION
16.1. In case of any disputes arising in connection with the execution of the present Agreement the User and the Platform Operator shall make efforts to settle such disputes by way of negotiations.
16.2. In case the Platform Operator and the User fail to reach agreement, all disputes shall be considered by the court at the Platform Operator location.
17. ASSIGNMENT OF RIGHTS
The Platform Operator, the Company Fast Provider Ltd., reserves the right to assign the present Agreement in full or in part at any time without any prior notice. The User shall not assign any of his rights or delegate any of his duties hereunder.
18. FINAL PROVISIONS
18.1. The present Agreement shall constitute the single Agreement and arrangement between the User and the Platform Operator related to the Service of the Platform Internet services provision to the User, and replace any prior agreements and arrangements between the User and the Platform Operator.
18.2. In all matters not covered herein, the Parties shall be guided by the international law.
18.3. In case of any discrepancy between any translated versions of the present Agreement the Russian version hereof shall prevail.
19. NAME AND ADDRESS OF THE PLATFORM OPERATOR
- FAST PROVIDER LTD.
- Registration number: 1760209
- Address: Geneva Place, Waterfront Drive, PO Box 3469, Road Town, Tortola, British Virgin Islands