Terms and Conditions
This document is an open proposal by “individual entrepreneur” N.M. Tarkhanova aka “Project Avatar” (the “Contractor”) to conclude an Agreement on the Provision of Services Related to the Access to the “Project Avatar” Online Service under the terms set forth in this proposal.
Pursuant to article 638 of the Civil Code of Ukraine, if the terms set forth in the Offer are accepted and the services are paid for, a legal entity or individual who has accepted this offer becomes the Customer (the acceptance of the Offer is tantamount to the conclusion of this Agreement with the terms set forth in the Offer).
The proper acceptance of this Offer shall be deemed to be the taking of all of the following steps by the Customer:
– Booking of the game and logging on the contractor’s website https://projectavatar.fun/
– Payment for the Contractor’s services
«y accepting this Offer, the Customer agrees to all the terms of the Agreement as the same are set forth in the text of this Offer.
This Agreement is legally binding and is equivalent to an agreement signed by the parties.
Terms and Conditions
The “Project Avatar” online game is a game that is played in real-time for the duration of one and a half hours using the https://zoom.us/ platform;
Game plot means the plot line that opens for the Customer during an online game;
Rate means the set cost of the game as specified on the Contractor’s website on the booking page https://projectavatar.fun/
A game slot means a button on the Contractor’s website in the booking system that corresponds to the date and time of the online game.
Spam means mass mailing by sending advertising correspondence to persons who have not expressed the desire to receive it;
Game Master means the Contractor’s official representative who conducts the “Project Avatar” online game for the Customer and the Customer’s team.
Customer’s Team means the Players who will take part in the “Project Avatar” Online Game together with the Customer. The Customer will decide themself who specifically ] plays with them. The Customer shall deliver all the information sent by the Contractor to his team.
Other terms used in this Agreement are defined in accordance with the rules of the laws of Ukraine currently in force.
The subject of the Agreement
1.1. In the manner and under the terms set out in this Agreement, the Contractor agrees to provide services related to the access to the “Project Avatar” online game, hereinafter referred to as the “Services”, and the Customer agrees to accept and pay in full for the Contractor’s Services in accordance with the terms of this Agreement.
1.2. The connection date shall be agreed upon by the Parties and specified at the time of log-on and booking of the game by the Customer.
1.3. Instructions how to connect to the “Project Avatar” online game will be forwarded to the Customer’s email address given at the time of booking.
1.4. The Customer will independently choose the time of the game when making a booking.
1.5. By accepting the terms of this Offer, the Customer acknowledges that he/she has fully familiarized themselves with the functionality of the “Project Avatar” online game.
1.6. By accepting the terms of this Offer, the Customer and all members of his team confirm their agreement that the Contractor will make audio or video recordings for the Project Avatar game during their participation.
1.7. After the end of the service period, the Contractor will be entitled to use the content (recorded video games) for the Contractor’s business, promotion, and marketing purposes.
If however, the participant does not agree with us using audio or video recordings then they must indicate this in writing via email
1.8. The provisions of clause 1.7 of the Agreement will continue upon the expiration of this Agreement.
Obligations of the Parties
2.1. The Contractor is obliged:
2.1.1. To provide the Services in accordance with the terms stipulated in this Agreement.
2.1.2. To ensure for the Customer the conduct of the “Project Avatar” online game at the time specified in the booking.
2.1.3. To send an invitation via email to the Customer with a link to the online game (zoom conference) scheduled for the time and date specified at the time of booking. Such an invitation shall be sent to the e-mail address specified at the time of booking. Such an invitation shall be sent no later than two hours before commencing the online game, after payment for the services. If the Contractor has not yet received payment for the services, no invitation will be sent.
2.1.4. To give advice to the Customer on the operation of the “Project Avatar” online game in real time, during the game. Such advice will be given with the help of the game master or prior to the game if the Customer sends a request in writing to the email address: firstname.lastname@example.org or via a message on our facebook page http://www.facebook.com/projectavataronline. During the game, if a request is made at any time via e-mail or the Facebook page, such requests will be processed for up to 12 hours prior.
2.1.5. At the request of the Customer, to examine the deficiencies in the operation of the Project Avatar online game, which were detected in the course of the services, to eliminate such detected deficiencies, as are necessary.
2.1.6. For the purpose of maintaining the operability and improving the “Project Avatar” online game, to carry out preventive maintenance during which the access to the “Project Avatar” online game or the functionality of the “Project Avatar” online game will be possibly restricted in full or in part. The Contractor shall notify the Customer of such preventive maintenance at least two hours before the game. In such a case, the game booked by the Customer shall be postponed to any other time agreed with the Customer. The time of such preventive maintenance shall not be deemed to be an interruption in the services and cannot be considered as the Contractor’s violation of the obligations stipulated by this Agreement.
2.2. The Customer is obliged:
2.2.1. To brief all participants of the game (players of his team) on this agreement and send them an invitation to the online game, which will be received at the e-mail address specified at the time of booking. All players who participate in the online game (connect via the link given in the invitation) shall agree to this agreement. The responsibility for the familiarization with the agreement is imposed upon the Customer.
2.2.2. To pay for the services when booking the game on the Contractor’s website. If there are problems with making payment via the Way for Pay online service, to urgently contact the Contractor in order to receive an invoice via the Payoneer payment system. Such payment for the service shall be made within 1 hour upon the booking. In case the payment is not received, the booking will be cancelled.
2.2.3. To provide yourself with:
– a personal computer (with a connected microphone), smartphone or tablet;
– Internet access to be able to connect to the Project Avatar online game;
– to install zoom software (https://zoom.us/ ) and log on in order to connect to the conference.
2.2.4. In order to prevent the disclosure of the link to the online game to third parties, the game master may refuse to connect players if prepaid number of players have been already connected to the online game.
2.2.5. In case of disclosure or suspicion of disclosure of the links used to access the “Project Avatar” online game, to promptly notify the Contractor in writing (via e-mail). In such a case, the Contractor will create a brand new link. Such a request will be processed only if the Contractor received it:
– at least 24 hours before the game;
– from the e-mail address specified at time of booking.
2.2.6. In case of technical problems during the “Project Avatar” online game, to promptly notify the Contractor’s representative (game master) in order to receive immediate help. If there is no such notification from the Customer, the Customer’s subsequent claims will not be accepted by the Contractor, and the Parties will consider the Services to have been provided in a proper quality manner.
2.2.7. To connect to the Project Avatar online game at any time that was selected at the time of booking, using the link to the Project Avatar online game (zoom conference), which was received at the specified email address at the time of booking. within three (3) calendar months from the date of payment under this Agreement.
Payment for the Services and Their Delivery and Acceptance
3.1. The cost of the services under this Agreement shall be determined in accordance with the rate chosen by the Customer. The fact of payment by the Customer for the services using the WayforPay system or the Payoneer service will be firm evidence of his agreement at the chosen rate.
3.2. The Customer may make payment by the following two methods:
3.2.1. against an invoice (issued in the Payoneer system) within one hour upon its issuance by the Contractor and sending to the Customer’s email address specified at the time of booking;
3.2.2. Online payment on the Way for Pay payment page.
3.3. The payment obligation shall be deemed to have been fulfilled by the Customer upon receipt by the Contractor of a payment confirmation from WayForPay or Payoneer.
3.4. The Customer fully understands and agrees that the cost of the Contractor’s services does not include payment for the services of third parties (payment agents such as banks, mobile operators, telecom operators, etc.). The cost of third-party services shall be paid for by the Customer.
3.5. Proper evidence of the provided services will be in the form of a video recording of the game kept by the Contractor and a receipt received by the Customer. The connection via the link sent to the Customer and the passing of the online game shall be proper evidence that the Contractor has fulfilled the obligations in full. If the Customer disconnected from the game on his own accord or for any reason and did not notify the Contractor of technical problems, in any case, the service shall be deemed to have been rendered.
3.6. A receipt shall be sent to the Customer on request to the Contractor’s e-mail address within three days after the game.
3.7. In case a request is received from the Customer pursuant to the terms of clause 3.6 of this Agreement, the Services shall be deemed to have been rendered in FULL in accordance to the terms of this Agreement.
Dispute Resolution and Liability of the Parties
4.1. Any disputes and/or disagreements will be resolved by the Parties through negotiation, and if no agreement is reached, they shall be resolved in accordance with the laws of Ukraine currently in force. All claims of the Parties shall be made in writing and signed by authorized persons. Disputes, which directly or indirectly relate to or arise from this Agreement, and are not resolved by the Parties through negotiation, shall be resolved by judicial means in accordance with the laws of Ukraine currently in force.
4.2. All claims of the Parties shall be made in writing and signed by authorized persons. The party, which has received a claim, shall give the other Party a reasoned response within ten (10) business days from the day of receiving such a claim.
4.3. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be held liable as provided by the laws of Ukraine.
4.4. The Parties shall not be held liable for any breach of their obligations under this Agreement, unless such breach has occurred through their own fault. Neither Party shall be deemed guilty, if such Party can prove that all reasonable efforts have been made by it to ensure proper performance of such an obligation.
4.5. If the Customer is in breach of clause 2.2.4 of this Agreement, the Contractor will terminate the services at any time without reimbursing the money paid to the Contractor.
4.6. In case of a breach of the terms of this Agreement, the Customer shall compensate for losses in the amount of the direct actual losses caused to the Contractor.
4.7. The Contractor reserves the right to promptly terminate the provision of the Services to the Customer in case of:
4.7.1. Establishment of the fact that the Customer supports or participates in any illegal activities including, but not limited to, the following activities:
a) a video recording or photo of the broadcast or recording or photo of the screen during the Project Avatar online game;
b) any support to/carrying out of spam, hacking, cracking or other illegal activities on the Internet.
4.7.2. Dissemination and/or publication of any information that contradicts the requirements of the laws of Ukraine currently in force, the rules of international law, infringes on the rights of other persons.
4.7.3. Advertising of services, goods, other materials, the distribution of which is restricted or prohibited by the laws of Ukraine currently in force.
4.8. The period of suspension of the provision of the Services for reasons specified in clause 4.7. of this Agreement shall not be deemed to be an interruption in the services and cannot be considered as the Contractor’s violation of the obligations stipulated in this Agreement.
4.9. The Contractor is not liable to the Customer or third parties for any delays, interruptions, damages, or losses arising from:
a) defects in any electronic or mechanical equipment that does not belong to the Contractor;
b) problems with data transfer or connection, which occurred through no fault of the Contractor;
c) force majeure or acts of God (including the Contractor’s problems with power supply, Internet access, etc.). In such a case, the Contractor will be entitled to postpone the “Project Avatar” online game and reschedule to any other time/date.
d) disruption of the Internet functioning or its unavailability to the Customer.
4.10. The Contractor will not control and will not be responsible for the Customer’s illegal actions at the time of broadcasting the “Project Avatar” online game.
4.11. The Customer will be entitled to postpone the time and date of the online game if the Customer notifies of such desire no later than 48 hours before the booked time.
The customer has the right to cancel the online game with a full refund no later than 72 hours after booking and no later than 72 hours before the booked time. In order to cancel or postpone the online game, the Customer shall send a request to the Contractor’s-mail address (email@example.com ) from the e-mail address that was specified at the time of booking. If the booking is canceled, funds will be refunded within up to 10 business days.
4.12. The Customer is not entitled to a refund of the paid cost of the services and/or a commensurate reduction in the cost of the services under this Agreement in the event that the Customer is in breach of the terms specified in this agreement.
4.13. The Contractor warrants that when individuals log on to play the Project Avatar online game or at the time of access to the recording of the Project Avatar online game, the personal data of such individuals will be used in accordance with the provisions of the Law of Ukraine “On Personal Data” dated 01.06.2010. No. 2297-17. The Contractor shall maintain the confidentiality of such personal data and ensure its safety during storage.
4.14. The Customer agrees to the Contractor’s right to analyze the activities of the Customer and his team members in the “Project Avatar” online game in order to improve the quality of the services provided and optimize the functionality of the “Project Avatar” online game. The information received will be confidential and is not subject to disclosure to third parties. However, part of the anonymized statistical information may be used by the Contractor for research purposes and for making reports at seminars, conferences, lectures, and training sessions.
4.15. The Parties agree that the name/ emblem/ trademark/ logo and other identifying marks that do not constitute confidential information, in accordance with the terms of this Agreement, can be published by the Contractor free of charge on the Contractor’s official website on the “Our Clients” section, the name of the Customer, including the Customer’s logo/ emblem/ trademark/ logo and other identifying marks of activity. Public Information (articles, publications, and citations in the press, used in marketing materials, as well as in corporate publications: brochures regarding the company, sample decisions, etc.; references in interviews and presentations) with the mention of the Customer, shall be agreed upon with the Customer before posting via the Internet by sending a letter in the electronic form to the Customer’s email address. If no remarks are received from the Customer, such as Public Information (articles, publications, and citations in the press, use in marketing materials, as well as in corporate publications: brochures about the company, sample decisions, etc.; references in interviews and presentations) with the mention of the Customer, before posting via the Internet by the Contractor, shall be agreed upon with the Customer by sending a letter in the electronic form to the Customer’s email address. In the event that the Customer receives no remarks regarding the public information, intended for posting, within three business days, such information shall be deemed to have been agreed upon with the Customer.
4.16. The paid cost of the services under this Agreement is not refundable to the Customer if the Customer has been connected to the “Project Avatar “online game using the link sent to the Customer via the specified email address at the time of booking.
5.1. The Parties shall be relieved from liability for partial or complete non-fulfillment of obligations under this Agreement caused by force majeure that arose after its conclusion, if they prove that the proper performance of their obligations was impossible due to force majeure, i.e., extraordinary and inevitable circumstances, including, but not limited to: force of nature, strike, lockout, other industrial disorder, socially dangerous acts of third parties, declared or undeclared war, threat of war, terrorist act, blockade, revolution, insurrection, uprising, riots, sabotage, act of vandalism, lightning, fire, storm, flood, earthquake, accumulation of snow or ice, lack of water due to weather or environmental conditions, power outages due to sudden damage to power grids, hacker attacks, actions and regulations of government authorities, local self-government authorities, resolutions of the National Bank of Ukraine, other circumstances that are beyond the reasonable control and influence of the Party, which cannot be foreseen or prevented by the Parties and make it impossible to fulfill the obligations of the Parties under this Agreement.
5.2. The Party that refers to any of the circumstances specified in clause 5.1 of this Agreement shall promptly, but no later than three (3) calendar days from the date of occurrence of force majeure, notify the other Party in writing of the commencement and end of these circumstances.
5.3. Proper proof of the fact of force majeure will be in the form of certificates provided by the authorities, the competence of which encompasses, pursuant to the relevant Act of the Civil Legislation of Ukraine, the giving of evidence of force majeure, and certificates issued by the relevant government authorities of Ukraine.
5.4. If such force majeure continues more than sixty (60) calendar days, either Party will be entitled to terminate this Agreement according to the prescribed procedure.
5.5. The Party, which was affected by force majeure and failed to promptly inform or notify the other Party of its occurrence in breach of clauses 5.2., 5.3 of this Agreement, will not be relieved from liability for violation of its obligation.
Term and Termination of the Agreement
6.1. This Agreement shall be valid from the date of its conclusion which shall be deemed to be the date of its acceptance by the Customer. The term of the Agreement depends on the billing period and rate(s) paid by the Customer.
6.2. The expiration of the term of this Agreement will not release the Parties from liability for a breach that occurred during its term.
6.3. This Agreement can be terminated at any given time only by consent of the Parties or in the cases contemplated by the applicable laws of the Ukraine and the terms of this Agreement.
6.4. This Agreement can be terminated at any given time at the initiative of the Customer in the event that the fact of the Contractor’s violation of the obligations under this Agreement is established.
7.1. The Parties agree that any materials and details relating to the “Project Avatar” online game session are confidential and cannot be delivered to third parties without the prior written consent of the Contractor. The Customer has no right to disseminate information received in the course of the game (e.g. the game plot line).
7.2. The information defined in clause 7.1 of this Agreement as confidential can be used by the Parties only within the scope and for the fulfillment of this Agreement, and will continue to be confidential information after the termination of the Agreement for three (3) years.
7.3. The obligation to maintain confidentiality does not extend to any publicly available information or information that becomes known due to any circumstances being beyond control of the Parties. For instance, it can be disclosed by the Contractor for marketing purposes, it is available on any web pages that belong to the Contractor.
7.4. The Parties shall exert necessary and reasonable efforts to prevent disclosure of such received information to any third parties throughout the term of the Agreement and after its termination.
7.5. In case of violation by the Parties of the confidentiality terms, as a result of which either Party suffered property damage and/or damage to business reputation, the guilty party shall compensate for the documented damage caused.
8.1. When taking part in the “Project Avatar” online game, the Customer is prohibited to perform any actions that can cause damage to, or infringe on the intellectual property rights of the Contractor. The Customer will bear responsibility for such actions personally and in full, and will compensate the Contractor for all documented losses.
8.3. The Contractor is the holder of all rights to the Content of the “Project Avatar” online game and its recordings. The Contractor will retain all intellectual property rights both to the Content of the “Project Avatar” online game and to its recording during the entire period of their legal protection, which is set by the laws of Ukraine, and worldwide.
9.1. All legal relations, arising in connection with the execution and performance of this Agreement, which are not regulated by it, shall be governed by the rules of the laws of Ukraine currently in force.
9.2. By executing this Agreement, the Parties give each other the perpetual right to perform and consent to their personal data processing in accordance with the Law of Ukraine “On Protection of Personal Data” dated 01.06.2010, No. 2297-VI. Any information constituting the personal data of the Parties shall be used and disseminated to the extent necessary to ensure the operation and/or protect the interests of the Parties and the fulfillment of this Agreement. By executing this Agreement, the Parties represent that all furnished information constituting personal data is provided by the Parties lawfully and they have the consent to use and manage it.
9.3. By consenting to this Offer, the Customer represents that the Customer has been notified by the owner of the personal data, the composition and content of the collected personal data, the rights of the personal data owner and third parties to whom the said personal data is given.
9.4. By accepting this Offer, the Customer represents that he/she has been notified of the following restrictions for participants in the “Project Avatar” online game:
– Participants in the game must confirm or disclose that they do not have heart or underlying health problems; they do not suffer from epileptic seizures or other diseases that can cause such seizures as the result of light patterns or sudden horror effects.
The Contractor may refuse to provide services to members of the Customer’s team who are subject to these restrictions. The Contractor will not be responsible if any of the participants of the “Project Avatar”: online game have health problems that can worsen during the “Project Avatar” online game session.
The Contractor will not be liable for any sudden health problems that can be faced by the players.
9.5. By accepting this Offer, the Customer represents that he/she acts voluntarily and understands his/her legally significant actions, and agrees to all the mandatory and essential terms of this Agreement.
9.6. The text of this Offer can be annulled at any time by the Contractor unilaterally, while the version posted on the Contractor’s website projectavatar.fun/terms_and_conditions
shall be deemed currently valid. The terms of the Agreement shall remain unchanged for the person(s) who have accepted this offer, until the end of the provision of the services by the Contractor at the rate paid by the Customer.
9.7. If the Customer is a legal entity, the Customer warrants that the conclusion of this Agreement does not violate the rules set out in part 2 of article 44 of the Law of Ukraine “On Limited and Additional Liability Companies” dated 06.02.2018 No. 2275-VIII.
2020 July 1th