Legal

W3Creative.com - Terms And Conditions for use of simcountry.com

Simcountry is operated by W3Creative.com B.V., Amsterdam.

BY CLICKING THE "I Accept the terms and conditions" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO THE CONDITIONS AS STATED BELOW. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE ABORT YOUR REGISTRATION NOW.

SERVICES PROVIDED BY W3creative.com

W3creative.com allows you to use any of the services provided on the site. This includes the Simcountry game, the message board and chat services. Other services may be included if and when they become available. As a user, it is your responsibility to provide the computer system needed for use of the services, telephone or other connections to the web, and necessary agreements with any providers to setup and maintain such services at your own cost.

MEMBER CONDUCT

1. The Service is provided "As Is" to individuals. Any commercial use of the Service is prohibited unless under agreement with w3creative.com. Users will abide by all applicable national and international laws and are responsible for any actions taken under their user name and password.

2. You are responsible for all materials or information you are transmitting to any other user or upload to the site. Such messages, pictures, audio messages software and graphics are your responsibility. W3creative does not control such information and its distribution through the site.

3. You are prohibited from transmitting through the w3creative site and services any unlawful or harassing or abusive materials and you will refrain from distribution or use of any threatening, obscene or vulgar material of any kind.

4. You are prohibited from transmitting through the w3creative site and services any hateful or racially or ethnically objectionable material.

5. You are prohibited from transmitting material that may infringe on the intellectual property rights or other rights of any third party.

6. You understand that you might be exposed to objectionable, offensive and indecent material transmitted by other users.

7. You are prohibited from using the services to distribute junk mail, spamming, or to collect information on other users including their email addresses without their agreement.

8. You are prohibited from taking any action to disturb the use of the services by others, distribute material that contains viruses or any other harmful programs. This includes interfering with the working of the network, attempts to gain unauthorized access to a service or other computer systems that are part of the site or any other site, by use of the available services.

9. You are prohibited from publishing on the site any material, which infringes on any copyright or trademark or any other rights of any party.

10. You will not publish any advertising materials other than under an agreement in writing with w3creative.com. You will not promote any other website or services anywhere on the Simcountry site.

11. As a user you are responsible for your account, the password to your account and any activities conducted while logged into the account. You are responsible for the confidentiality of the password and the account. You will notify w3creative.com of any unauthorized use of your account or any breach of security. You will make sure that the account is protected by a non trivial password and that also the so called secret question and answer that are intended for a safe recovery of the password in case it is lost, are all set up in an orderly and safe way.

12. You are prohibited from using the services of w3creative.com for the conduct of business and from making any potential revenue dependent on the services provided by W3creative.com.

13. You are prohibited from the publication of any materials that are damaging to the Simcountry game or to W3creative in any possible way. You will not publish or try to upload such materials to the Simcountry site, the forum or its chat system.

Any deviation by a user from these rules of conduct will probably cause w3creative.com to immediately terminate the services to the user without any need for reason or cause and without any warning. W3creative.com will use its own discretion in deciding whether the user did or did not deviate from any of the conditions described above. Arguments about freedom of speech will not be discussed and do not apply on this site. All decisions concerning the continuation or termination of the services to any user, will be taken by W3creative.com.

NO WARRANTIES

The Services are provided on an "as is" and "as available" basis, and users may use the services at their own risk. W3creative.com does not make any commitments to an uninterrupted, timely, secure, or error free service. W3Creative.com does not have to meet any user expectations and does not take any commitment to meet any user requirements. W3creative.com does not guarantee any results nor reliability or accuracy.

The game functionality is based on a model that does not have any pretension of being correct or function accurately. W3creative.com does not have any obligation to correct errors in its services nor does it have any obligation to improve the functionality or other performance of any of the services.

W3creative.com is not responsible to the users computer system or any data stored on such computer system and to any damage that may occur and presumed to be the result of use of services of w3creative.com, nor the downloading of data and software.

PROPRIETARY RIGHTS

User acknowledges that all the information on the site, (content), including all data on any game, software, sound, photographs and any text, video, or any other information presented to the user by any of the services, or any of the advertising materials, or materials presented by other users of the site, may be protected by copyrights, trademarks or patents.

Users are permitted to use such protected content only as authorized by the owners of such content and are not allowed to reproduce, copy, distribute or use any of the content without an explicit authorizations by the owners of such content.

Using Money in The Simcountry Game

Simcountry does not force anyone using the site to pay for any services. All game functions and services that require the exchange of money are offered as a free choice of the user.

You do not need to pay for services

You are free to make a choice to pay for some of the services offered by w3creative or you may decide not to use any of the services that require a payment.

There are no obligations for either party or any expectations that result from your decision to pay or not to pay for services or from winning awards in the game.

You are free to use most of the services on the site without any payment. These services are provided for free for an initial tryout period that is now unlimited, was set before to two weeks but may vary from time to time without any prior notice or any obligation by W3creative to announce such changes ahead of time. Following the tryout period you are given the choice to pay for the service or to terminate the use of the site. You are free to register again on the site and start a new tryout period.

You may decide to pay for services

You may decide to pay for some of the services. Such decision is at your own will by clicking on the payment functions on the site and providing credit card info as required. Such payments may result in additional services and privileges that are only available to users who decide to pay for these services.

You accept that the decision to pay for the services does not give you any additional rights. You accept that there is no obligation for w3creative to make any difference in the services provided on the site other than explained previously. You accept that this agreement remains identical for users who decide to pay for the services and the users who decide to use the services without payment.

All payments you have made when you joined Simcountry or additional payments while using services, are irrevocable. These payments are made as a contribution to W3creative for the privilege of playing the Simcountry game as Premium Member. As stated before, you are free to pay if you want to. There is no obligation to pay. If you do not want to pay you can leave the Simcountry game or play for free during the initial free play period.

You do not have a right to awards

W3creative may decide to give awards to a group of users. Such awards will be available from time to time, most frequently once a month. Awards are given to players who reached the highest game score in a give period. Awards are given in Gold Coins or in crypto currency. Gold coin awards are added to players accounts. Crypto currency awards in $SOL are paid into the wallet address of the player as the player entered into the crypto awards page.

You do not have any right to receive an award. W3creative may change the award system at will and may cancel the awards with no prior announcement to any user.
Awards in crypto currency were added at the beginning of 2022 and are considered a tryout. This new policy may be continued but can be cancelled at any time.

You do not have the right to receive any payments

You can accumulate Gold Coins in the game and you can also purchase Gold coins paying for them with cash. You can use these gold coins in the game to set up countries and enterprises and to purchase various privileges and so call "boosters".

W3creative is under no obligation to repurchase any gold coins you may have accumulated or any gold coins you purchased before, that remained unused.

W3creative is under no obligation to trade gold coins with any player for game currency or to trade game currency for gold coins. w3creative may decide to offer such trades at their discretion but there is no obligation what so ever to do so.

In case you decide to leave Simcountry, W3creative is under no obligation to repurchase any remaining Gold coins from you, nor does it have any obligation to purchase any game assets you might have accumulated during the period you have played Simcountry and used the services of the W3creative web site.

W3creative will, starting with the awards for January 2022, pay awards to players in $SOL. The players may use these awards as they please, including of course, converting them into any currency available on the exchange they use.

W3creative may decide to stop such payments in crypto currency at any time, change the conditions for such payments without any prior publication of such changes and without any reason.

LIMITATION OF LIABILITY

W3CREATIVE.COM, ITS AFFILIATES AND PARTNERS SHALL NOT BE LIABLE TO ANY USERS OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PRUCHASE OF ANY GOODS OR SERVICES, USER'S ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, USER'S USE OF OR RELIANCE ON THE SERVICE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER HEREBY AGREES TO RELEASE W3CREATIVE.COM, ITS AFFILIATES AND PARTNERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH USER'S USE OF THIS SITE.

The user acknowledges that, due to the nature of the Internet, W3creative, its affiliates and partners can assume no liability for unauthorized copying of any content uploaded to the site by other users.

Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the agreement between the parties.

The entire aggregate liability for W3creative.com, its affiliates and partners to the user for all claims arising from the use of the Service is limited to an amount equal to the sums actually received by W3creative.com from the user under this Agreement in the previous six months of using the services.

CHILDREN PRIVACY

This statement explains the practices of W3creative.com, its affiliates and partners with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on User's rights with respect to such information.

W3creative.com forbids entry to its services for all children under the age of thirteen. W3creative cannot determine if a person is indeed younger than thirteen and enters a false birth date at registration.

W3creative.com, its affiliates and partners do NOT knowingly collect personally identifiable information from children under the age of thirteen. If W3creative.com, its affiliates and partners become aware that it has inadvertently received personally-identifiable information from a user under the age of thirteen, it will delete such information from its records. If W3creative.com, its affiliates and partners change their practices in the future, they will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen.

Because W3creative.com, its affiliates and partners do not collect any personally identifiable information from children under the age of thirteen, W3creative.com, its affiliates and partners also do NOT knowingly distribute such information to third parties.

W3creative.com its affiliates and partners do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.

W3creative.com, its affiliates and partners do not collect any personally identifiable information from children under the age of thirteen they do NOT condition the use of the service by a child under thirteen.

TERMS OF SERVICE AND CHANGES TO THE SERVICE

W3creative.com reserves the right to modify the terms and conditions at any time and at its sole discretion. Updates to this document will be posted on the website and the users continuation of the use of the services on the site constitutes an agreement by the user to be bound by the conditions of the new terms and conditions document.

W3Creative.com has the right to modify, cancel or add services to the site at any time without any notice period or notice to the user. W3Creative.com has no obligation to continue the service for any set period and is not liable to any party in case it decides to change, add or discontinue any or all of the services.

TERMINATION OF THE SERVICES

Both the user and W3creative.com may decide to terminate the services at any time, with or without cause. The user may use the "Cancel account" function on the site at any time and terminate the use of the services. W3creative.com may decide to terminate the services to a user and will in some cases send the user an email notice of such termination with or without any reason for the termination. In case a user does not agree to any of the changes in the terms and conditions or disagree with any of the conditions in this terms and conditions document, she/he may terminate the use of the services with or without any message to W3creative.com.

W3creative will not be liable to the user or any other party following the termination of the Services by either w3creative.com or the user.

NOTICES

All notices to a party shall be made either via online announcements or email. W3Creative.com may post messages on the game news page on the web site or on the Bulletin Board or in some cases contact the users by email to inform them of changes to the terms and conditions, changes to the Services, or any other matters of importance; such announcements constitute a notice to the user.

ASSIGNMENT

W3creative.com is entitled to assign this agreement, and all rights and obligations hereunder, to a new organization that might merge with w3creative.com or otherwise, become owner of part or all of its assets. This agreement will remain in power and all rights and obligations hereunder will be assigned to the benefit of the new organization except as otherwise provided herein.

SEVERABILITY

If any provisions in this agreement are held by a court of competent jurisdiction, to be contrary to a law, or otherwise invalid, then such provisions shall be interpreted, as nearly as possible to the intentions of the parties. All other provisions of the agreement will remain in full force.

LAW AND STATUTE of LIMITATIONS

This agreement is governed by the law of the Netherlands. The user and W3Creative.com agree to submit to the exclusive jurisdiction of the courts in Utrecht the Netherlands. W3Creative.com's failure to exercise or enforce any right as described in this agreement shall not constitute a waiver of such right. Any cause of action related to the use of the services must commence within 6 months after the date on which any such cause of action arose, or otherwise such cause of action will be null and void.