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Terms & Conditions
§1) Services §1.1) Conditions of participation To participate at Land of Destiny, each user has to accept the Terms and Conditions. Terms and Conditions refer mainly, but not exclusively to all services of the online presence of Land of Destiny. §1.2) Liability Land of Destiny is always attempting to ensure that all services are available. However, to circumstances beyond our control, some services may not be available on-demand. Due to this, no user has any claim regarding the availability of services. The carrier is not liable in any way for server breakdown, faulty programming etc. The occurrence of any disadvantages for a user resulting from server breakdowns, faulty programming etc. does not entitle the user to claim the recovery of his/her account's status before the occurrence. See §8 of these Terms and Conditions concerning liability terms. §2) Membership §2.1) Beginning of membership Membership commences after either a account has been registered. The user must use a valid e-mail address. Land of Destiny reserves the right to test this at any time. §2.2) Termination by User The membership may be terminated by the user by deleting the account. The erasure of data information may be delayed for technical reasons. The retaining of personal data is regulated by §6. §2.3) Termination by carrier No user has any claim to take part at a service from Land of Destiny. The carrier reserves the right to delete or to block accounts, mainly but not exclusively, in a case of violation of these Terms and Conditions or Game/Forum Rules. The project management decide if an account is deleted. Objections may only be raised towards the project management. There is no legal claim with regards to account termination. §2.4) Refund The user is not entitled to claim refunds except if the membership was terminated by Land of Destiny and the user did not cause the termination through a breach of the Terms and Conditions, the Game/Forum Rules or the applicable law. §2.5) Miscellaneous If an account is financed by a user, the user gains only the rights he/she paid for (e.g. advertising-free account, usage of an account, special functions) and is not in the position to make a further claim. All rights stay with the carrier. §3) Contents / Responsibility Land of Destiny provides a platform that allows users to communicate with each other. Users are responsible for the contents of their communication. Pornographic, xenophobic, offensive and illegal content are not permitted and are not within the responsibility of the carrier. Violations could lead to a direct deletion or blockage from any and all Land of Destiny services. §4) Prohibited actions §4.1) Manipulative actions No user has the right to use any actions, mechanism or software in conjunction with the website(s) which could interfere with the function and development of the game. Users are not permitted to take actions, which cause an unacceptable or excessive strain of technical capacities. Users are not permitted to block, overwrite, or modify content which was generated by the project management. §4.2) Prohibited programs It is prohibited to load any sites of the game with any other programs than web browsers. Such other programs are in particular so called "Bots" as well as other tools that simulate, replace or supplement the web interface. The same applies to scripts and completely or partially automated programs that provide advantages towards other users. Auto-refresh-functions and other integrated mechanisms of the web browser are included, as long as those are automated actions. The usage of actions which disable advertisements is prohibited. It is inconsequential if the advertisement is blocked on purpose or is generally blocked through a pop-up-blocker, text based browser or other similar function. The only exemptions from this are those which have explicitly obtained permission from Land of Destiny. §4.3) Direct log-ins The log-in into an account is permitted directly from the games startpage only. Automated opening of an account, no matter if displaying the start page or not, is prohibited. §5) Restrictions §5.1) Maximum number of accounts All users agree to use only one account per server. So called "Multis", i.e. users who do not comply with this agreement, can be deleted or blocked without prior notice. §5.2) Rules Full particulars are contained in the game rules. All users are subject to the game rules. §5.3) Blocking Users can be blocked temporarily or continuously at the carriers discretion. The blocking could also be for any and/or all services. §6) Data protection §6.1) Storage of personal data The carrier reserves the right to store personal data of users in order to supervise the obedience of users to the rules, the Terms and Conditions and the applicable laws. Subject to storage may be the IP address in connection to connection time and connection method, the registered email address and - if available - all data from the user's profile which is entered voluntarily. §6.2) Transmission and usage of data The carrier reserves the right, in compliance with the Dutch Data Protection Act and all other applicable legal statutes, to disclose personal data to authorities, attorneys or clerks, if it is required for, and as far as necessary, the protection of the carriers interests and rights or the protection of the authorities legal duties. §6.3) Objection The user can object to the storage of personal data at any time. As the participation of games requires the storage of personal data for technical reasons, the user account/accounts will be deleted on receipt of the objection at the earliest possible time, subject to technical availability. §7) Rights of the carrier regarding the accounts §7.1) General rights All accounts, including their resources, units, etc. are virtual objects of the game. The user does not obtain ownership or any other rights to the account. All rights are reserved by the carrier. No rights, in particular exploitative rights, are assigned to the user. §7.2) Prohibition of exploitation Without written permission of the carrier, it is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts or access data. In particular, it is prohibited to sell accounts or resources, or to make any other profit by leaving accounts or resources to third parties. The same applies to selling access data, rights of utilization as well as any other attempt to evade this regulation. Violations of these or other rights of the carrier, in particular copyrights, will be reported to authorities and prosecuted. §7.3) Exceptions It is not prohibited to transfer accounts finally and free of charge, as well as the internal "trading" of resources, if and as far as allowed by the game rules. §8) Liability The carrier is not liable for any damages caused by the use of Land of Destiny, except for damages that were caused willfully or by gross negligence as well as all damages from death or personal injury. Land of Destiny therefore reminds users that excessive participation in computer games involves the risk of serious personal injury. §9) Modification of Terms and Conditions The carrier reserves the right to modify or extend these Terms and Conditions at any time. A modification or extension will be published for not less than two weeks before the changes become effective. §10) Applicable law Dutch law is exclusively applicable for all legal matters with regards to Land of Destiny. If several areas of jurisdiction are applicable, the area of jurisdiction is that which governs Land of Destiny. In international legal matters the courts at the jurisdiction of Land of Destiny are solely responsible. §11) Payment In addition to the policies mentioned before, the following rules apply for every payment action concerning the participation in the game. §11.1) Type of payment The types of payment vary due to participant countries, the available types of payment on the market and technical possibilities. §11.2) Type of commitment Whether the payment is a one time payment or a subscription is dependant upon the method of payment. If it is a subscription the user receives an extra notification. Duration and extension conditions of a subscription depend on the type of payment and are in each case described in the registration area. The mentioned details are part of the contract. §11.3) Maturity The payment is mature for the user after the completion of the activation. The collection of the payment is done by the provider who is authorised for this type of payment. Subsequent payments are considered mature upon the expiration of the paid period (start of the subscription extension). The collection of payment may take place in advance in order for the service to be used without interruption. §11.4) Back load If the payment method (cell phone credit, bank credit) does not contain sufficient funds a return debit note will then ensue. Following this there is automatically an administrative charge of an additional €10.00 per backdated payment if the User does not prove a lesser claim. After a rejected payment from a credit card payment the administrative charge is €40.00 if the User does not prove a lesser claim. Until the full payment of the commitment is received, the user is excluded from the game. §11.5) Reminder If there is a arrears of payment a reminder will be sent to the e-mail address registered to the user account. It is the responsibility of the user to ensure that this e-mail address is valid and able to be accessed. §11.6) Default Users are also considered to be in default without a reminder if payment is not received 14 days after the maturity of the payment. §11.7) Collection In the event of non-payment, a reminder (or in case of delay, the payment case) may be referred to a collection firm with all required data from the user. Costs incurred thereby and thereafter are the responsibility of the user. §11.8) Trivial Amounts Amounts up to €5.00 will not be sought by Land of Destiny and could not be ordered back by the user in any case. §12) Revocation/ termination If the payment was made as an subscription, it is terminable upon conclusion of each subscription period, this must take place at the latest 15 working days before the expiration date which is shown in the game account. If the user doesn´t cancel his subscription it is extended automatically for another period. Land of Destiny provides different availabilities for each type of payment to terminate the subscription. The user receives a notice providing information to find the website. A termination needs to be done independently from the termination or deletion of an account. §13) Data protection / integration of third parties Land of Destiny avails itself of the assistance of third parties because of the completion of payment procedures. All third parties are bound by law to keep the user data confidential. User data will only be forwarded in the event of a user failing to follow his/her liabilities. Data which has been provided during the payment procedure are not going to be given away after §6.2 of this Terms and Conditions. More information regarding data protection can be found here. The users is permitted to contest these Terms and Conditions until 14 days after their publication. Taking part in the game without accepting the Terms and Conditions is not possible out of technical reasons, as because of that contesting the terms and conditions whilst playing following acceptance of them is the same as a termination and leads to an exclusion from the game. Contesting the Terms and Conditions could also be declared with a deletion of the account. |
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