1. MMORewards Ltd.
2. Game Service
- MMORewards Ltd. is a company registered under Maltese law under the Trade register number C 72587 (“MMORewards Ltd.”) and is located in 152, Office Number 9, Triq in Naxxar, San Gwann, SGN9030, Malta. MMORewards Ltd. can be contacted via e-mail at firstname.lastname@example.org. MMORewards Ltd. is the sole owner of and is operating the website http://www.mmorewards.com. MMORewards Ltd. is also operating several massively multiplayer online games (“Games” or “Game”) via http://www.mmorewards.com as well as via other channels and platforms (e.g. Steam, Playstation Network, Xbox Live, Google Play or Apple AppStore).
- The use of the Games on any platform or channel is exclusively subject to the following general terms and conditions unless the terms and conditions of the respective platform or channel contain deviating regulations. The user’s general terms and conditions will not form part of this contract.
- These general terms and conditions may be accessed, downloaded, stored and printed at any time by visiting http://mmorewards.com/terms-of-services/.
- All copyrights, rights of use and other intellectual property rights relating to http://www.mmorewards.com, the applications and the service offers rest with MMORewards Ltd. or are protected in favor of third parties.
3. Premium features and services
- MMORewards Ltd. offers to consumers who register on http://www.mmorewards.com (“Official Website”) or certain other channels and platforms and who accept these general terms and conditions the opportunity to access and play the Games using the official client software which is offered for free download or playable directly in the web browser.
- To play the game via other channels or platforms (e.g. Steam, Apple AppStore, GooglePlay, Playstation Network or XBox Live) the user may be required to create an account with the respective platform and accept the terms and conditions of the platform in addition to the terms of service of MMORewards Ltd..
- The Game is “free to play” and the user may play the game without charges, with the exception of Premium Features and Services as detailed below, which may only be available for a fee. The Game can only be played online via the internet, which may cause additional costs for the data transfer.
- MMORewards Ltd.’s services are only available to individual consumers who are 18 years old or older. Companies, legal entities or other non-individuals are excluded from the Game and all other services provided by MMORewards Ltd.. Using the Game for commercial purposes is prohibited with the exception of journalistic reviews, let’s play’s or unless otherwise agreed in writing between the parties.
- When registering for the Website or Game the user establishes an “Account” for the Game. During the registration certain personal information including the e-mail address and password will be requested. The user confirms that the e-mail address belongs to him and that he is reachable via this address (the use of one-way addresses or trash mails is prohibited and may lead to the deletion of the account). Additional information, e.g. to increase the security of the Account may be requested in MMORewards Ltd.’s reasonable discretion. The user will be granted the choice of a display name which will be visible for all other users when playing the game or using the website. Such name may not be identical or similar to any living or dead person and may not be sexual, sexist, xenophobic, hateful or in MMORewards Ltd.’s reasonable discretion inappropriate. MMORewards Ltd. may change any inappropriate name in is own discretion.
- These terms are accepted and the contract is concluded when finishing the registration for the Game by clicking the button labeled “Play now!” or “Play now for free!”.
- MMORewards may at any time and at its sole discretion grant access to additional games which will automatically become part of this agreement upon the first usage by the consumer or may limit or totally discontinue access to existing games.
- MMORewards Ltd. may provide in its own discretion a web-based forum (“Community Forums”) that allows registered users to communicate about the Game and to publish content. MMORewards Ltd. may extend or limit or totally discontinue access to the forums at any time and MMORewards Ltd. is not obliged to provide such forums.
- All users are solely responsible to acquire, install and operate any software required for using the Game aside from the Game’s client software (e.g. Microsoft DirectX). MMORewards Ltd. does not provide technical support for any such installations.
- The user is entitled to terminate his/her account for the Game at any time in his/her sole discretion but the user will not receive any refund for unused virtual currency, Premium Features or services with a remaining term. Termination of the contract is governed by section 10. Provided that the storage of data is not required by law, any data stored about the user is deleted within 30 days after termination and cannot be restored. If the storage of data is required by law, the data will be blocked and deleted upon end of the legal storage period.
- MMORewards Ltd. endeavours to keep the Game as constantly available as possible, however MMORewards Ltd. does not warrant any specific availability for the Game as availability is subject to many factors outside of MMORewards Ltd. control. Unannounced maintenance may be necessary, e.g. due to hacking attempts, viruses, critical errors in the software etc, so that MMORewards Ltd. can not warrant availability at certain times.
4. Information on the right of withdrawal
- Using the Game is free-of-charge for registered users; however certain virtual items, features, services and functions may be subject to payments (“Premium Features”). MMORewards Ltd. may make Premium Features only available for a certain limited period of time. The necessary details on the respective Premium Features, the pricing, functions and possible additional requirements are available on the shopping website or the ingame shop of the Game.
- The user may purchase Premium Features by using the virtual currency of the Game. Such virtual currency can by either acquired by playing the Game, receiving a free gift from MMORewards Ltd. or MMORewards Ltd.’s partners or by purchasing such virtual currency directly in return for payment and MMORewards Ltd. is entitled to change such payment options in its sole discretion as long as the user remains entitled to use any prepurchased unused virtual currency. Virtual currency is available for purchase on the shopping website of http://www.mmorewards.com, inside the Game or partner websites in MMORewards Ltd. sole discretion. Virtual currency can only be used exclusively for payment for Premium Features as a part of the Game and MMORewards Ltd. will not pay out any balance to any user unless stated otherwise herein.
- Purchasing virtual currency is concluded by pressing the button labeled “Buy” on the shopping website or in the ingame shop.
- MMORewards Ltd. may from time to time and in its sole discretion provide users with free virtual currency or free Premium Features, for example as a reward for achieving certain goals as part of the Game or for promotion. Such free virtual currency will take priority over purchased in-game currency when buying premium features. Purchased in-game currency will only be used once all free virtual currency has been used.
- Whenever MMORewards Ltd. provides Premium Features or any other features free of charge, MMORewards Ltd. shall have no legal obligation to continuously provide such Premium Features or other features and may remove those at any time in its sole discretion.
- The user is not permitted to sell, rent, assign or transfer his/her Account, virtual currency or Premium Features as well as any virtual items (non-premium) available in the game to any third Party. This shall not limit any trading options that are available in the game which do not include any real currency transaction. As a result, the parties agree that no rights and claims resulting from this agreement may be assigned to any third party. This shall also include any service offered to users to acquire certain achievements, virtual items or other advantages in the Game for a real currency payment.
- Certain features of the Rewards Program on http://www.mmorewards.com are provided by third party companies and the user may be be offered certain optional services by these companies in which case he might have to agree to the terms and conditions of the third party.
- Certain games on http://www.mmorewards.com are provided by third party companies. To play these games the user might have to agree to the terms and conditions of the third party which will be clearly stated.
5. Duties and obligations of the user
- The right of withdrawal detailed below applies to this contract as well as to any purchase of virtual currency. The user will be informed on his rights with every individual transaction:
- Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
- To exercise the right of withdrawal, you must inform us
152, Office Number 9, Triq in Naxxar,
San Gwann, SGN9030, Malta
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form.
- Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
- Loss of the withdrawal right
In case of the purchase of digital content which is not supplied on a tangible medium you will lose your withdrawal right if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
- Should the user have purchased premium currency and/or features via a store on a third party platform he must first contact the respective platform to exercise his withdrawal right.
6. User generated or uploaded content
- MMORewards Ltd. may publish rules of conduct from time to time which reflect the standards of behaviour for users playing the Game. The rules of play/conduct are updated periodically and the user will be notified of changes by e-mail with reasonable advance notice, unless the provisions concerning changes to the Terms of Service specified below apply.
- The user will keep all access information for the Game strictly confidential and is not allowed to grant any other person, not living in the same household, access to his Account. Similarly the user is not permitted to use the account of another user. If a user suspects or learns that a third party is in possession of access data, he/she must notify MMORewards Ltd. immediately. MMORewards Ltd. is entitled but not obliged to disable the user’s account and/or change the access data, if it learns or suspects access by any third party. An account may be disabled for as long as is necessary to protect the user from unauthorised access, to determine its source and provide for the security of MMORewards Ltd. technology and websites. MMORewards Ltd. will notify the user of any disabled account. If the user enables any third party to access the Game or other services of MMORewards Ltd. as a result of intent or negligence on the part of the user, the user shall be fully liable towards MMORewards Ltd. for any damages or purchases caused by such third party.
- The user is not permitted use any software directly or indirectly affecting the Game, its operation (e.g. so called “Bots”) or the data transfer between the user or MMORewards Ltd. or to use mechanisms, software, scripts or other similar means which will gain advantage over other users not using such additional mechanisms, software, scripts or other means. The use of equipment, software, scripts and any other mechanisms which allow automated game play and/or game control, database queries or any other manipulation of its game servers and databases is strictly prohibited. The user also agrees not to exploit programming errors for personal gain where identifiable as such.
- The user shall be allowed to use the contents made available to him or her only within the scope of this contract and agrees to delete the applications at the end of the contract. Without the express prior approval of MMORewards Ltd., which is to be obtained in writing, no user shall be permitted to use, copy, save, process, decompile, reverse engineer (prohibition of reverse engineering) and/or distribute any contents of the game, such as e.g. texts, images, graphics, characters, logos, pieces of music, sounds, sound sequences, videos, programs, software codes and other information outside the use of service offers of MMORewards Ltd.
- MMORewards Ltd. may, at its sole discretion, provide users with a functionality to upload and making available to the public their own content, data or information (hereinafter collectively “User Content”) dedicated to be used by the uploading user itself and/or any other user of the Game, however, limited to the use within the Game, the Website or the Community Forums. MMORewards Ltd. reserves the right to limit the storage capacity of User Content that is uploaded by users.
- MMORewards Ltd. does not claim any ownership rights in the User Content. Users continue to retain any such rights that they may have in the User Content, subject to the limited license granted to MMORewards Ltd. as described hereinafter. By uploading User Content on, through or in connection with the Game and/or the Community Forums, users hereby grant to MMORewards Ltd. a limited non-exclusive license to use, modify, delete from, add to, publicly perform, publicly display, making available to the public, reproduce, and distribute such User Content (including, but not limited to underlying musical works) solely on, through or in connection with the Game and/or the Community Forums and via other channels operated by MMORewards Ltd. or by third parties on behalf of MMORewards Ltd.. This entitles MMORewards Ltd. to use User Content only in connection with the Game and its mechanics and the Community Forums. By this limited license user does not grant MMORewards Ltd. the right to sell the User Content. After a user has removed User Content from the Game, MMORewards Ltd. will cease distribution as soon as technically possible, and at such time when distribution ceases, the license will terminate automatically. Notwithstanding the foregoing, users that upload or publish User Content understand and agree that once its uploaded or published User Content is used by another user in the Game or on social networks, MMORewards Ltd. shall be under no obligation to delete or request users to delete that User Content, and therefore this User Content may continue to appear and be used indefinitely.
- The license you grant to MMORewards Ltd., as described above, is non-exclusive, royalty-free, sub-licensable to the extent described above, and worldwide.
- With respect to the User Content the publishing user represents and warrants that: (i) he owns the User Content or otherwise has the right to grant the license set forth above, and (ii) the posting of the User Content on, through or in connection with the Game does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any third person or entity. The uploading user agrees to pay for all royalties, fees, penalties and any other monies owing any third person or entity by reason of the use of User Content published on or through the Game and/or the Community Forums.
- The user will indemnify MMORewards Ltd. against all costs (including reasonable legal fees) and claims (including claims for damages) made against MMORewards Ltd. by third parties due to the violation of their rights by MMORewards Ltd.’s contractual user of User Content. Such indemnification shall not be applicable if the user did not cause the infringement of third party rights at least by negligence.
- The user shall be fully responsible for User Content published on or exchanged via the Game or any other MMORewards Ltd. services, e.g. Community Forums. MMORewards Ltd. will not preapprove User Content. However, MMORewards Ltd. may refuse to post any User Content for any or no reason. Should MMORewards Ltd. becomes aware of any content that is in violation of any laws or infringing any third party’s rights, MMORewards Ltd. is entitled to disable or delete any such User Content at its own discretion. MMORewards Ltd. may at any time remove the option to publish, store or otherwise use User Content.
- The user may not publish, store or transmit any User Content that is in violation of any law or agreement. This includes in particular abusive, sexist, pornographic or racist content or any other content that MMORewards Ltd. may reasonably consider immoral or inappropriate. The user may not (a) disturb other users, for example with spam messages, chain mails or unsolicited advertising, (b) infringe any third party’s (intellectual) property rights, (c) engaging in or promoting unfair competitive practices, and (d) use the Game or the Community Forums for commercial communication or advertising. Except as provided within this Agreement or by express permission of MMORewards Ltd., users may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any third-party User Content.
- The user shall be entitled to use footage of the Game to produce fan videos and to distribute such videos. Such right shall be subject to withdrawal by MMORewards Ltd. in its sole discretion. No video should reflect negatively on the Game, MMORewards Ltd. or other users or should be deemed inappropriate for the USK/PEGI/ESRB age rating of the Game.
- If such video is published on YouTube and the user intends to take part in YouTube’s revenue sharing program by placing advertisements alongside videos the right shall be subject to the following limitations: Prevent advertisements related to the following categories from appearing on the YouTube Channel, including, without limitation, by implementing the following Google® AdSense filters: (i) advertisements related to MMORewards Ltd.’s competitors, including but not limited to other massive multiplayer online games; (ii) advertisements related to gold-farming, account selling or other activities prohibited by MMORewards Ltd.’s terms and conditions; and (iii) advertisements that would conflict with the Game’s USK or ESRB or similar rating.
- MMORewards Ltd. has the right to monitor all YouTube Channel content, and to require the removal of any advertisements that violate this Agreement.
- Payment will be due immediately upon the purchase of virtual currency. All prices are including value added tax. The user may pay using any of the accepted payment methods which are detailed prior to the purchase. Payment options may vary depending on the amount of the payment and MMORewards Ltd. may offer or remove certain payment methods in its sole discretion. If a payment cannot be collected and MMORewards Ltd. is not at fault, the resulting costs shall be borne by the user.
- The user shall only be entitled to set off or exercise rights of retention with undisputed claims or such claims that have been finally found valid by a court of law.
- For Purchases or Payments made via Stores or Channels operated by Third Parties the terms of such third parties apply.
9. Term and Termination
- MMORewards Ltd. shall only be fully liable for damages resulting from injury to life, limb or health or for intentional or grossly negligent conduct and fraud.
- In cases of slight negligence, MMORewards Ltd. will only be liable if an obligation has been breached, the fulfilment of which facilitates the proper performance of the contract in the first place, the violation of which compromises the achievement of the contract’s purpose, and the compliance with which the customer frequently relies on. In this instance, claims for compensation will be limited to the usual, foreseeable damages.
- This limitation of liability shall also apply for MMORewards Ltd.’s directors, officers and employees.
- The unconditional liability irrespective of fault of MMORewards Ltd. under rental law and comparable provisions for faults and errors existing at the time of the closure of the contract is expressly excluded.
10. Data protection
- Contracts between MMORewards Ltd. and the user are entered into for an indefinite period of time unless otherwise expressly stipulated at the time of conclusion.
- MMORewards Ltd. may terminate the contract and/or discontinues access to existing games at any time with a four-week notice period.
- The user may terminate the contract at any time without any notice period by sending an e-mail to email@example.com including details of his/her user name and e-mail address registered with MMORewards Ltd.
- The right of both parties to terminate without notice period for cause remains unaffected.
- In the event of termination by the user without cause or termination for cause by MMORewards Ltd. for which the user is at fault, MMORewards Ltd. will not be required to refund Premium Features, virtual currency or other services paid for in advance.
- In particular, MMORewards Ltd. has the right to terminate for cause in the following cases:
- If the user is late in paying a sum of at least € 5.00 by more than 30 days or is late in paying an equivalent amount on more than one occasion over a period of six months;
- If, despite having received prior warning, the user knowingly violates any rules of conduct within these Terms of Service or the rules of play (e.g. such as laid out in 5.1 and 5.2);
- If, without any warning in a case that is so severe, that it would be unreasonable for MMORewards Ltd. to remain bound to this Agreement. This shall always be the case for violations of the provisions in 5.3 and 5.4, the commercial use of the game or for violations of criminal law.
- Instead of a termination, MMORewards Ltd. reserves the right to temporarily disable a user’s account and access to the Game and/or the Community Forums up to one month, with no payment obligations for the user while his/her account is disabled.
- In the event of termination, MMORewards Ltd. will delete the user’s data which is relevant to the European Data Protection legislation.
- In case that the contract was mae between the user and a platform operated by a third party (e.g. Steam, Google Play, AppStore), the termination needs to be directed to the Third Party based on the provisions in the respective terms of service of the Third Party. Terminating the contract with MMORewards Ltd. will not release the user from any responsibilities (such as outstanding payments) with the Third Party or automatically cause the Third Party to delete any accounts.
- To provide users with the full functionality of the Game, MMORewards Ltd. collects, processes, and stores information about its users and other visitors of the Game, http://www.mmorewards.com or any other Official Website and the Community Forums on servers located in the European Union. MMORewards Ltd. takes all reasonable and appropriate steps to ensure that personal information are secure and treated in accordance with this data protection provisions and applicable European law (GDPR).
- MMORewards Ltd. may share users’ information with third party service providers as required for the operation of the Game (for example, but not limited to, payment providers and hosting services). Apart from the aforementioned, MMORewards Ltd. will not pass users’ information to third parties without explicit consent of its users.
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- MMORewards Ltd. reserves the right to change these general terms and conditions without justification, provided doing so such changes are not unreasonable for the User taking both parties interests into account. Changes will be published when entering the Game and on MMORewards Ltd.’s website and will be sent to users via e-mail. If the user does not object to such changes within two weeks following their publication and receipt, or continues to use the Game or other services after this period, the new general terms and conditions will be deemed accepted. When notifying users of such changes, MMORewards Ltd. will indicate the options available to object to such changes and the legal repercussions, in particular of failing to raise objections and in case of such objections the agreement shall continue subject to the old terms and conditions until terminated.
- These general terms and conditions are subject to the law of Malta under exclusion of the conflict of laws provisions, which refer to the exclusive application of other legal systems, and the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of a member state of the European Union or the EEC shall be applicable in addition to Maltese law at the choice of the consumer, if the Game is actively marketed in the respective member state. The contract language is English.
- If a provision contained in these general terms and conditions is or becomes ineffective, this will not affect the validity of the remaining provisions.