Gaijin Game Rules
Last revised and effective: December 29, 2020
The current version is available at: https://gaijin.net/en/gamerules
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING, AND MAKE SURE YOU HAVE REACHED THE AGE OF 16 OR WHICHEVER OTHER AGE MAY BE REQUIRED TO ACCEPT THIS DOCUMENT IN ACCORDANCE WITH THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU CAN FIND OUT MORE DETAILS ABOUT PERMISSIBLE AGE IN SECTION 2 OF OUR TERMS OF SERVICE AND SECTION 8 OF EULA (AS MENTIONED RIGHT BELOW). ENGLISH VERSION OF THIS DOCUMENT IS THE ONLY ORIGINAL VERSION AND SHALL PREVAIL IN THE EVENT OF ANY DIFFERENCES, QUESTIONS OR DISPUTES CONCERNING THE MEANING, FORM, VALIDITY OR INTERPRETATION THEREOF.
This document (“Game Rules”) establishes rules of Users conduct in Gaijin Games as stipulated by:
- Gaijin End User License Agreement (“EULA”) available at: https://gaijin.net/en/EULA; and
- Gaijin Terms of Service available at: https://gaijin.net/en/termsofservice.
The Game Rules are incorporated in EULA by reference, being an integral part thereof, and constitute a legal agreement between you (also “you”, “your”, “User” or, collectively with other Users, “player” or “players”) and Gaijin (also “we”, “us”, “our”).
THIS DOCUMENT IS NOT AN COMPLETE AND EXHAUSTIVE AGREEMENT BETWEEN YOU AND GAIJIN. FOR MORE INFORMATION, PLEASE ALSO SEE GAIJIN EULA AND TERMS OF SERVICE.
The capitalized terms (words) not defined herein, shall be interpreted as provided by EULA and Terms of Service.
1. GENERAL PROVISIONS
1.1. Definitions: the words and expressions set out below shall have the following meanings in these Game Rules:
a) Nickname shall mean the name selected by User and associated with a User's Gaijin Account, identifying him in the relevant Game.
b) Devoice shall mean switching the text chat to “read-only” mode, which blocks the User from sending messages.
c) Administration shall mean a person or group of persons appointed by Gaijin to oversee players' compliance with these Game Rules and Terms and Conditions. Administration includes, without limitation, forum moderators, chat moderators, community coordinators, game masters and moderators, etc.
1.2. The User acknowledges and agrees that he (or she) is solely responsible for his in-game behavior and using of in-game chats or any other methods of in-game communication.
1.3. User is fully responsible for the actions committed through their Gaijin account. For example, Gaijin is entitled to assume that in case of prohibited activity provided and/or related with your account the prohibited activity is committed by you.
1.4. Gaijin may, but is not obliged to, provide the User with a reasoned decision and evidence in the event of any sanctions being applied to the User for any violation of these Game Rules.
2. NICKNAMES AND CLAN NAMES
2.1. It is forbidden to use the following as a nickname or clan name:
2.1.1. Obscene or offensive language. Since without a qualified linguistic examination it is difficult to draw an unambiguous conclusion about whether abusive similar sounds/transliteration or a simple word in another language or an innocent abbreviation are used, in ambiguous cases we use the number of complaints from different players to determine the presence of an insult. All the complaints shall not be linked to each other and shall be submitted independently.
2.1.2. Words, phrases, and idioms that are offensive in any of the following ways - political, religious, national, racial, ethnic, sexual, etc.
2.1.3. Words, fully or partially composed of names, phrases or titles protected by intellectual property.
2.1.4. The names of political and historical figures of the XX-XXI centuries.
2.1.5. Words, phrases and idioms referring to psychotropic or narcotic substances, alcohol, tobacco and their use.
2.1.6. Words and phrases that relate to sexual abuse or cruelty or have a vulgar sexual meaning.
2.1.7. Words, phrases in any way associated with persons who violate national laws or are involved in international crimes, including the names and surnames of Nazi leaders, the names of other military officers and criminals.
2.1.8. Names of organizations recognized by national or international courts as criminal, extremist or terrorist, including the names of organizations, units and military units that were part of SA, SS, SD of The Third Reich.
2.2. Actions to eliminate violations of articles 2.1.1 - 2.1.9 of these Game Rules can be undertaken by Administration on the basis of complaints received from players or as a result of Gaijin Accounts analysis.
2.3. Sanctions for violations related to the usage of prohibited Nickname and clan names are as follows:
2.3.1. In case of violation by the User of articles 2.1.1 – 2.1.9 of the Game Rules governing the choice of a nickname or clan name, the Administration may change the User's nickname or clan name to a nickname or clan name randomly generated or selected by the sole discretion of the Administration, without warning and notifying the User.
2.3.2. In case of repeated violations of articles 2.1.5 - 2.1.9 of the Game Rules, the Administration may suspend the User’s access to the Game for a period from 3 days, or permanently in serious cases.
3. TEXT CHAT RULES
3.1. Communication in Gaijin Games may take place in either game chat or through other methods of in-game communication (collectively referred to as the “Text chat”). Gaijin makes commercially reasonable efforts to administrate and moderate the in-game communication services. The Administration is not obliged to provide any information regarding the sanctions outcome that the User receives for their action.
3.2. The following is prohibited in the Text chat:
3.2.1. Meaningless and empty messages (spam), repetition of the same message several times, including a multiple reuse of game radio commands (if applicable) and an excessive usage of Caps Lock.
3.2.2. Obscene or abusive language, words and phrases similar to them, written in any language, including transliteration.
3.2.3. Personal and group insults, gender-based humiliation, sexual orientation, religion, and other topics that are not compatible with generally accepted morality principles and decency. This may include discussion of negative or controversial historical events or other obvious topics that can lead to dissent and insulting contexts.
3.2.4. Discrimination and promotion of discrimination at any level, including national, racial, religious, ethnic, sexual.
3.2.5. Political and religious propaganda.
3.2.6. Any advertising messages, including advertising third-party game projects, links to sites on the Internet, except for links to the official websites owned and/or operated by Gaijin (or other parties on behalf of Gaijin, as well as the parties authorized by Gaijin, e.g. Targem Games) or their official pages on social networks and other public resources.
3.2.7. Profanity and insult via direct statement or implication. This includes the use of swearing, medical-related reference (such as cancer, mental illness, etc.) and modification of the form of words and phrases (misspelling or deletion of some letters, etc.) in an attempt to make it look different from the messages prohibited by the Game Rules.
3.2.8. Any other types of provocative behavior including slander and posting of false information.
3.2.9. Vulgar sexual vocabulary and inadequate behavior (including harassment), realistic description of sexual or other violence, any illegal activities.
3.2.10. Propaganda of alcohol and tobacco, drugs and psychotropic substances.
3.2.11. Any manifestations of Nazism, nationalism, incitement of interracial, interethnic, interfaith discord and hostility, calls for the overthrow of the government by force.
3.2.12. Discussion of hacking methods and any illegal ways to circumvent the protection of software products owned and (or) operated by Gaijin.
3.2.13. Attempts to pretend a Gaijin representative, developer, Administration, an official or other individual involved in Game operating.
3.2.14. Messages and offers about buying, selling and exchanging accounts.
3.2.15. Willful incitement to non-playing or avoiding in-game activities.
3.2.16. Disclosure other players’ personal data.
3.2.17. Any form of serious threat (giving reason to believe that they can be realized in real life).
3.3. Please note that the list of prohibited activity is not exhaustive. The Administration may take measures and impose sanctions, even if the message sent by the User does not fit the specific description of the violation, but contradicts the principles of decency and/or common sense and/or good faith and/or violates the interests of Gaijin or any third parties.
4. TEXT CHAT MODERATING, HANDLING COMPLAINTS, SANCTIONS FOR VIOLATION
4.1. General game chat is moderated by Administration: as instance, by chat moderators directly from the game client or Game masters based on complaints filed by players. In case of violation of paragraphs 3.2.1 -3.2.17 of the Game Rules, chat moderators can impose a chat block (devoice) for up to a day to immediately suppress the violation. Administration may subsequently impose additional sanctions, according to paragraphs 4.5.-4.7 of these Game Rules.
4.2. Game rooms chat and chat channels created by players are moderated by Administration based on complaints filed by players.
4.3. Private messages are not moderated. In the event of a conflict in personal correspondence, each player has the opportunity to block receiving messages from the offender. However, the player has the right to file a complaint that will be considered by the Administration in case of any objectionable private messages received (for example, threats) or when another player utilizes private messages for sexual harassment.
The Administration encourages players to be attentive and polite, and not to send any private messages that may be regarded as objectionable by other players. If a player is reported for sending an obtainable private message, and the fact of sending is confirmed, the Administration may impose any sanction in respect of such a player (up to suspending the Gaijin Account).
4.4. Complaints submitted through the in-game mechanism are subject to a two-week limitation period. Complaints not reviewed in time are considered expired and canceled. At the same time, Gaijin reserves the right to impose a penalty for a violation, the complaint about which has been canceled, in the event if such violation was found to be a material breach of these Game Rules.
4.5. In case of violation of clauses 3.2.1 - 3.2.9 of the Game Rules, on the basis of an in-game complaint or chat monitoring results, the Administration imposes the following sanctions:
- 1st violation - 2 days of devoice;
- 2nd violation - 4 days of devoice;
- 3rd violation - 7 days of devoice;
- 4th violation - 15 days of devoice;
- 5th violation - 9th violation – from 30 to 120 days of devoice;
- 10th violation – permanent devoice.
4.6. In case of violation of clauses 3.2.9 -3.2.17 of the Game Rules, the sanctions are enforced at the sole discretion of Administration, based on an in-game complaint or chat monitoring activity provided by Administration.
4.7. In particular serious cases, even a single violation of clauses 3.2.9 -3.2.17 of the Game Rules may lead to 15 or more days of devoice, or permanent restricting Game access, at Gaijin’s sole reasonable discretion.
5. DAMAGE TO ALLIES
5.1. These Game Rules expressly prohibit сausing damage on allies, including, without limitation, the following actions: inflicting damage on allied vehicles or any parts thereof, destroying allied vehicles or any parts thereof, disorienting allies. This prohibition also applies when such actions are intentionally permitted by Game mechanics.
5.2. The sanctions are imposed by the automatic system based on the analysis of the player's in-game behavior. In special cases, the sanctions and assessment of the violation are made by Administration.
5.3. Clause 5.1 of the Game Rules does not apply to game events (official streams, championships) officially announced and sanctioned by the project administration. In the event of damage or destruction of allies during the above measures, the violator's Game access may be suspended for a period of 3 to 7 days.
6. SPAM, INSULTS
If the system of in-game complaints is used to spread spam, insult Administration, forum moderators, the developer's company, Gaijin or its employees or others, the Administration may suspend Game access for the period up to 1 day, in case of a repeated violation - from 7 days and up to permanent Game access restriction.
7. UNSPORTING CONDUCT
7.1. The following User’s behavior constitute unsporting conduct and is explicitly prohibited by virtue of these Game Rules:
7.1.1. Damaging your Game team:
a) Killing or damaging a team member;
b) Purposeful blocking of the team member's movements (propping up, pushing out, blocking the passage/driveways).
7.1.2. Exploiting Game bugs, errors and flaws.
7.1.3. Installation and/or usage of unauthorized modifications to the Game client, using cheats or another software and/or devices which modify in-game process and/or original images generated by the Game to obtain an advantage in the Game without clear authorization from Gaijin.
7.1.4. Other actions that violate the principle of fair play.
7.2. The actions prohibited by this Section 7 of the Game Rules should be punished on a case by case basis by an exclusive decision of Administration up to permanent deleting Gaijin Account.
8. CLAN RULES
8.1. The rules and sanctions regarding nicknames are applied by analogy to clan names.
8.2. Any full and/or abbreviated names of clans (tags), as well as descriptions of clans that violate the Game Rules, can be changed by the Administration without warning the clan owner.
8.3. In particularly obvious and severe cases, as a preventive measure a corporation may be disbanded, and all or some participants’ Game access may be permanently blocked. Severity is determined by the Administration. In these cases, in- game or other funds used for the creation of full and abbreviated names in breach of the rules are not refundable.
8.4. The money spent on the creation of the clan (including after its disbandment) is not refundable.
9. OTHER PROVISIONS
9.1. If User commits actions that do not formally fall under the current prohibitions, the Administration reserves the right to suspend the Game access for a period of 3 days or more, and up to permanent Game access block or deleting Gaijin Account, provided such actions caused massive negative reaction and complaints from other players and/or actions infringing the legitimate interests of third parties or Gaijin.
9.2. The Administration reserves the right to impose suspension or termination of all User’s Gaijin Account(s), in case the User commits actions aimed at bypassing the penalties which have been previously imposed on the User, including the creation of additional Gaijin Accounts.
10. RULES INTERPRETATION
The Administration has the final say in any disputes regarding Game Rules interpretation. By analogy, the Game Rules can be applied for regulating your conduct within Game related services, including in-game or out-of-game communication services (for example, in an official Game forum), despite not explicitly mentioned herein. Such Game Rules do not apply to the service which have their own rules of conduct, unless otherwise is stipulated by such rules.
In all other aspects regarding the grant of License which are not specified by these Game Rules, including but not limited to governing law and jurisdiction, warranty disclaimer, indemnification, Game Rules update and modification, severability, assignment and termination, the relevant provisions of EULA and Terms of Service shall apply to these Game Rules.
12. CONTACT INFORMATION
To contact Gaijin, please use our Support Service website currently available at: https://support.gaijin.net.