Terms of Service Updated: 08/18/2012
1. Governing Agreement
The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Vertex Arts UG (haftungsbeschränkt) & Co. KG, Quirinstr. 17, 50676 Köln (Cologne), Germany (hereinafter “Vertex Arts” or “Us” or “We”) regarding your use of Vertex Arts's games and related services, which include applications for mobile devices and Vertex Arts branded websites (the “Service”).
4. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Vertex Arts policies Vertex Arts grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 5 and 6 to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
By accessing or using the service you agree that while at times you may “earn” “buy” or “purchase” virtual currency, including but not limited to virtual coins, cash, tokens, or points or virtual in-game items (together with virtual currency, “Virtual Items”), these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or a third party virtual currency like Facebook Credits. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
5. Accessing the Service
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
6. Restrictions for the Use of the Service
By accessing or using the Service, you accept and agree to the following restrictions:
6.1. You shall not create an account using a false identity or information, or on behalf of someone other than yourself.
6.2. You shall not have an Account or use the Service if you have previously been removed by Vertex Arts or previously been banned from playing any Vertex Arts game.
6.3. You shall use your Account only for non-commercial purposes.
6.4. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam) to anyone.
6.5. You shall not use your Account to engage in any illegal conduct.
6.6. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Vertex Arts’s written permission.
6.7. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
7. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 4, and may subject you to liability for violations of law.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY VERTEX ARTS GAME IS A VIOLATION OF VERTEX ARTS POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
7.1. Engage in any act that Vertex Arts deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms or policies.
7.2. Make improper use of Vertex Arts’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel.
7.3. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.
7.4. Use exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Vertex Arts game experience.
7.5. Without Vertex Arts’s express written consent, modify or cause to be modified any files that are a part of the Service.
7.6. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Vertex Arts game environment or the enjoyment of the Service or any Vertex Arts game by any other person.
7.7. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Vertex Arts, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
7.8. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
7.9. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
7.10. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Vertex Arts employees, including Vertex Arts’s customer service representatives.
7.11. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Vertex Arts employee.
7.12. Without Vertex Arts’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation, or gathering or transferring Virtual Items for sale.
7.13. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service.
7.14. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
7.15. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service.
7.16. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Vertex Arts game characters, elements, or environment. Vertex Arts may, at its sole and absolute discretion, allow the use of certain third party user interfaces.
7.17. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device.
7.18. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
7.19. Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data.
7.20. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service or any connection using programs, tools, or software not expressly approved by Vertex Arts.
7.21. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Vertex Arts.
7.22. Copy, modify or distribute rights or content from any Vertex Arts site or game, or Vertex Arts’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service.
7.23. Solicit or attempt to solicit personal information from other users of the Service.
7.24. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER VERTEX ARTS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “VERTEX ARTS PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
9. LIMITATIONS / WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE VERTEX ARTS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE VERTEX ARTS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE VERTEX ARTS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE VERTEX ARTS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID VERTEX ARTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID VERTEX ARTS ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VERTEX ARTS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF VERTEX ARTS.