Public Offer Agreement
DISTRICT 9 RP (d9-rp.com) SERVICE USER AGREEMENT (public offer) The Administration of the d9-rp.com website (hereinafter referred to as the Administration) hereby offers any legally capable individual (hereinafter referred to as the User) the use of services provided on the d9-rp.com website (hereinafter referred to as the Project) under the terms of this User Agreement. This Agreement is a public agreement, i.e. it contains all essential terms of the agreement entered into between the Administration and the User. The offer is accepted through actions by the User indicating acceptance (conclusive actions), including, but not limited to, registration in the Project (creation of an Account), use of the Project website and related Internet pages, downloading software made available on the Project website, or in any other manner indicating the User's intention to use the Administration's services. Upon acceptance of this offer, an agreement is entered into between the parties. An agreement in electronic form has the same legal force as an agreement drawn up in writing and signed by the Parties, including one certified by the handwritten signatures of the Parties. Given the importance of the foregoing, the User is strongly advised to carefully review the contents of this User Agreement, as well as its appendices (if any) and additional documents (Project Rules) governing the Project's activities; if the User disagrees with any provision of the specified documents, the User is advised to refrain from purchasing or using the services provided by the Administration.
1. Terms and Definitions
1.1. Project means an identified location on the Internet (virtual space) where information is arranged and structured in a particular manner. For the purposes of this Offer, the Project means the website located on the Internet at: d9-rp.com .
1.2. User means a legally capable individual who has accepted this Agreement. Only a person over 18 years of age or having full legal capacity may be a User. If the Administration establishes that a User is under 18 years of age or does not have full legal capacity, the Administration may suspend the provision of services, block the Account, and apply other liability measures established by the Project Rules.
1.3. Account means the User's account required to use the Project. To create an Account, the User registers in the Project by completing the relevant form on the website. Each account is assigned a dynamic identification number (ID).
1.4. Services mean services provided by the Administration within the Project. The complete list of services provided by the Administration is specified in Section 2 of the Agreement; all other services are provided by third parties under the terms determined by such third parties.
1.5. Agreement means this User Agreement, which contains the rules and provisions under which the Project operates and all relations between the Administration and the User take place.
1.6. Project Rules mean the set of rules governing the operation of the Project. The list of such Rules and the procedure for applying them are described in Section 3 of the Agreement.
1.7. Party means either party to the Agreement, and Parties means both Parties when referred to jointly. This Agreement may use terms not defined in this Terms and Definitions section. Where a term has no unambiguous interpretation in the text of this Agreement, the interpretation defined in the Project Rules and on the Project forum shall apply. Where a term has no unambiguous interpretation in the Project Rules or on the Project forum, the interpretation established within the online gaming community for similar projects shall apply.
2. Subject Matter of the Agreement
2.1. Under this Agreement, the Administration provides the User with free services for using the Project. Such services include the following:
2.1.1. The ability to use the d9-rp.com website, including viewing it, registering an Account, and using the Account in other online services associated with the Project;
2.1.2. The ability to use the Project forum (https://forum.d9-rp.com);
2.1.3. Downloading software made available on the d9-rp.com website and used in the Project. To use such software, the Administration grants the User a simple (non-exclusive) license valid throughout the term of this Agreement.
2.1.4. Other services presented on the d9-rp.com website when requested by the User, unless otherwise stated on that website.
2.2. The Administration provides the services remotely online via the Internet; accordingly, the User receives the result of the services at the time they are provided, as recorded by the software used by the Administration (logging).
2.3. Within the Project, a User with an Account may use it in the following electronic resources and software:
2.3.1. Project website - d9-rp.com ;
2.3.2. Project forum - https://forum.d9-rp.com;
2.3.3. Software specified in clause 2.1.1. of the Agreement;
2.3.4. Software specified in clause 2.1.3. of the Agreement;
2.3.5. The Administration may change (supplement or reduce) the list of such electronic resources and software by posting relevant information on the d9-rp.com website or the Project forum. Separate notice to each User is not required because the User undertakes to monitor changes to this Agreement on an ongoing basis.
2.4. The electronic resources and software specified in clause 2.3. of the Agreement additionally enable Users to gain new ways of interacting with one another and additional gameplay formats in the GTA V computer game by using the DISTRICT 9 RP game mod developed and maintained by the Administration. Such services mean the following online electronic services: • Discord (https://discord.com); • Team Speak (https://www.teamspeak.com); • Rage MP (https://rage.mp) • Other software that may be used by the User within the Project. The terms of use of such software are established by their respective rights holders. Claims and questions regarding the use of such software should be addressed directly to their rights holders and authorized representatives. In addition to the specified electronic resources and software, the User is given the opportunity to use additional features on game servers operating within the Project. The Administration provides only informational and technical assistance for the use of such additional features. Paid services on the relevant game server are provided by third parties in accordance with the rules and terms of each server.
3. Project Rules
3.1. The Project Rules include the following documents governing the Project's activities:
3.1.1. Rules available through the link - Rules
3.1.2. The rules of the relevant game server posted on the forum - https://forum.d9-rp.com , including rules posted on the relevant server's forum page, as well as rules concerning individual events, organizations, procedures for filing and reviewing complaints, appeals against penalties, etc. relating to that game server;
3.1.3. Other rules posted on the Project forum and the Project website, including their main pages and subpages, forum topics and subtopics, etc.
3.2. The Project Rules apply within the Project, including the Project forum, the Project's official social media groups, Discord, and gameplay involving the additional features.
3.3. The Project Rules must be observed by all Users and form an integral part of this Agreement.
3.4. The Administration monitors compliance with the Project Rules in general. On an individual game server, compliance with the Project Rules is monitored by its administrators. For violations of the Project Rules, the Administration and administrators of the relevant game servers may apply the liability measures provided for by the Project Rules and the Agreement. If the Project Rules provide for liability measures for violators that differ from those in the Agreement, the Project Rules shall prevail.
3.5. The Administration may amend the Project Rules at any time without mandatory notice to the User. The current version of the Project Rules is permanently available on the Project forum.
4. Rights and Obligations of the Parties
4.1. The User undertakes to:
4.1.1. Comply with the provisions of the Agreement and the Project Rules;
4.1.2. Not provide other Users with access to the User's own account if this may result in a violation of the Agreement or the Project Rules. The User is solely responsible for safeguarding the User's Account and the property and benefits assigned to it;
4.1.3. Not purchase in-game currency through third-party websites \ sources;
4.1.4. Review the Agreement before accepting it. Registering an Account constitutes the User's full and unconditional acceptance of the terms of the Agreement in accordance with applicable law;
4.1.5. Review the terms of the Agreement and the Project Rules at least once every 14 days and independently monitor any amendments to them;
4.1.6. Not use any equipment, devices, software, or other means to interfere in any form with the Administration's activities while services are being provided;
4.1.7. Use the functionality provided by the Project solely for its intended purpose;
4.1.8. Fulfill other obligations provided for by the Agreement and the Project Rules.
4.2. The User may:
4.2.1. Require the Administration to duly perform the terms of the Agreement;
4.2.2. Use the services provided to the User throughout their validity period;
4.2.3. Send the Administration proposals for improving the quality of the Project, services, and additional features;
4.2.4. Exercise other rights provided for by the Agreement and the Project Rules.
4.3. The Administration undertakes to:
4.3.1. Provide the services properly and in full in accordance with the terms of the Agreement.
4.3.2. Maintain the availability and proper operation of the Project throughout the term of the Agreement, subject to possible failures, technical limitations in operation, etc. specified in the Agreement.
4.3.3. Provide services by methods not prohibited by applicable law.
4.4. The Administration may:
4.4.1. Suspend the provision of services in the event of technical issues or other valid reasons determined at the Administration's discretion.
4.4.2. Require the User to comply with the Agreement and the Project Rules.
4.4.3. Apply liability measures to Users who violate the Agreement or the Project Rules.
4.4.4. At any time change the design or content of the Project, change or supplement software and other items used or stored in the Project, and any server applications, with or without prior notice to the User.
4.4.5. If necessary, send the User messages concerning the Project by email and other available means.
4.4.6. Establish additional restrictions within the Project and change such restrictions at any time.
5. Entry into Force, Term, Amendment, and Termination of the Agreement
5.1. The Agreement enters into force when the User accepts its terms by acceptance in the manner established by the Agreement.
5.2. This Agreement remains in effect for an indefinite term.
5.3. Either Party may unilaterally withdraw from the Agreement at any time.
5.4. The Administration may make any amendments to this Agreement without sending prior notice to the User. A new version of this Agreement enters into force when published on the website ( d9-rp.com ), unless otherwise stated in the new version of the Agreement. The User is deemed to have unconditionally accepted the terms of the Agreement if, after they are published on the website ( d9-rp.com ) (enter into force), the User continues to use services within the Project.
5.5. The Administration may cease providing services to the User and unilaterally refuse further cooperation in the following cases: — the User violates the terms of this Agreement or the Project Rules; — any actions by the User result in disruption of the Project or any of its individual parts; — Project services are used for unlawful and/or bad-faith purposes; — in other cases provided for by the Agreement, the Project Rules, or law.
6. Liability. Force Majeure. Dispute Resolution
6.1. The Parties shall be liable for non-performance or improper performance of their obligations in accordance with the terms of the Agreement and, with respect to matters not governed by the Agreement, in accordance with applicable law.
6.2. Because computer and other equipment, communication channels, and/or computer programs belonging to third parties are used in providing the services, the Parties agree that the Administration shall not be liable for any delays, interruptions, direct or indirect damage, or losses resulting from defects in any electronic or mechanical equipment and/or computer programs, other objective technological causes, actions or omissions of third parties, data transmission or connection issues, or power outages. The Administration shall not be liable if the User is unable to access the Project services, but strives to ensure uninterrupted operation of the Project.
6.3. The Parties shall be released from liability for partial or complete non-performance of obligations under this Offer if such non-performance results from force majeure circumstances arising after the Offer was entered into that the Parties could neither foresee nor prevent.
6.4. The Parties classify exclusively the following events that make performance of the relevant Party's obligations impossible as force majeure: earthquakes, floods, other natural disasters, fires, nuclear and other industrial accidents, as well as strikes, military action, civil unrest, or acts of public authorities that prevent performance of the terms of the Offer. All other impediments, regardless of their nature or characteristics, shall not be considered force majeure, except for those impediments that the Parties specifically recognize as caused by force majeure circumstances.
6.5. A Party invoking force majeure circumstances must immediately notify the other Party in writing of the occurrence and cessation of such circumstances and their effect on the relevant Party's ability to perform its obligations under this Offer.
6.6. Force majeure postpones performance of obligations for the period during which it remains in effect. Upon cessation of the force majeure circumstances, the Parties must immediately commence performance of their obligations.
6.7. If disputes arise concerning or in connection with matters provided for by the Agreement, the Parties shall take all measures to resolve them through negotiations.
6.8. If the specified disputes cannot be resolved through negotiations, they shall be resolved in accordance with applicable law. Pre-trial dispute resolution is mandatory; the period for responding to a claim is 20 (twenty) business days from the date the claim is sent to the other Party. A claim shall be sent by email. The proper email address of the Administration is the address specified on the d9-rp.com website. The proper email address of the User is the email address provided by the User when registering the Account.
6.9. All disputes between the Parties for which no agreement has been reached shall be resolved by the judicial authorities at the location of the Administration.
7. Exclusive Rights and Copyright.
7.1. The Administration is the rights holder of the Project. The User voluntarily chooses the Project to receive services. The User is aware that similar projects exist on the Internet and, if the User disagrees with the Agreement or the Project Rules, the User may receive services within other projects; the Administration does not compel the User or impose the Project services upon the User.
7.2. The User may not modify (copy) the software used within the Project in any manner or reverse-engineer it, meaning decompiling the software to determine the structure, design, concept, and methodology for providing the services.
7.3. The User's representations pursuant to the articles of the Civil Code:
7.3.1. At the time of accepting the Agreement, the User has reached 18 years of age or has full legal capacity;
7.3.2. No circumstances prevent the User from entering into the Agreement;
7.3.3. The User intends to use the Project services for lawful and good-faith purposes;
7.3.4. The User uses the Project services solely for personal use. The User may not use the Project services or any content contained in the Project (including, but not limited to, content of other users, photographs, designs, text, graphics, images, videos, information, logos, software, audio files, and computer code) in connection with any commercial activity, such as advertising or soliciting any user to purchase or sell any products or services not offered by the Administration;
7.3.5. The User represents to the Administration that, if necessary, the User will provide accurate personal data that facilitates identification of the User as a party to legal relations. The User understands that this representation is required by applicable requirements.
7.3.6. The User represents to the Administration that the User has fully reviewed the terms of the Agreement and the Project Rules, undertakes to comply with them, and will continuously and independently monitor amendments to the Agreement and the Project Rules.
7.4. The Administration's representations pursuant to the articles of the Civil Code:
7.4.1. The Administration represents to the User that it is not a representative of the rights holder of the GTA V computer game or the electronic services specified in clause 2.1.1.;
7.4.2. The Administration does not sell (or license) pirated versions of the GTA V computer game and, on the contrary, expressly encourages Users to purchase licensed versions of this game from Steam, Epic Games Store, and other similar stores;
7.4.3. The Administration does not provide any services in the GTA V computer game. The electronic resources and software specified in clause 2.3. of the Agreement enable Users to gain new ways of interacting with one another and additional gameplay formats in the GTA V computer game by using the GTA 5 RP game mod developed and maintained by the Administration.
8. Disclaimer of Warranties
The Project is provided on an “as is” basis, without warranties of quality or fitness for any express or implied purposes of a particular User (Users). The Administration does not warrant that the Project will operate continuously or without errors. The Administration may (and this is an essential condition for providing the services), without stating reasons, deny access to all Users or any User temporarily or permanently and delete any information or content posted by the User within the Project. The Administration does not warrant and shall not be liable for the accuracy, currency, harmlessness, or reliability of information posted on third-party Internet resources linked to within the Project. When following such links, the User acknowledges that the User acts entirely at the User's own risk. The User confirms that the User uses the Project services at the User's own risk and understands that the Administration is not responsible for third-party Internet resources or software that are or may now or in the future be associated with the Project. The Administration does not warrant that any information posted by users within the Project will meet the criteria of reliability, accuracy, and currency. The Administration does not warrant that information posted by other users cannot cause the User emotional distress, harm to health, or losses.
9. Project Support
9.1. Any User may support the Project.
9.2. The transfer of funds in support of the Project is considered a donation, which must be used by the Administration to maintain and develop the Project. The User acknowledges and understands that because the purposes of the donation involve using it to maintain and develop the Project at present and to maintain and develop the Project in the future, it is not possible to provide a report on the use of funds received from a specific User. By supporting the Project in this manner, the User acknowledges that the donation is non-refundable.
9.3. The Administration reserves the right, at its discretion, to provide personal bonuses to Users who have supported the Project.
10. Final Provisions
10.1. The User may not transfer (assign) to any third party the User's rights and/or obligations under this Agreement without the Administration's written consent.
10.2. If any term and/or provision of this Agreement and/or the Project Rules is held invalid, this shall not invalidate their other terms/provisions, this Agreement, the Project Rules, or their performance as a whole, as if such term had never formed part of the Agreement or the Project Rules.
10.3. This Offer is drawn up in Russian.
10.4. The Personal Information Protection Policy for users of the d9-rp.com website, permanently available on the Website, is an integral part of this Agreement.
10.5. Administration Details: E-mail: admin@d9-rp.com Website: d9-rp.com.
