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EULA
Effective Date: 2nd of April, 2012
Introduction
This webservice is owned and operated by Cliffhanger Productions Software GmbH (“Cliffhanger Productions”), a company registered Austria (registered number 289822). With a registered office at
Seidengasse 32/NB/7
1070 Vienna
Austria
Definitions
“Cliffhanger Productions Product(s)” is used as shorthand for our online games including all Cliffhanger Productions websites used to play those games.
References to “Stopping” an account include all or any of: locking, temporarily or permanently banning, or temporarily or permanently muting the account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned, you will not be able to access your account at all.
“User Content” means all information of any kind (including text, images, video, information and messages) uploaded or sent by users on or in connection with Cliffhanger Productions Products.
Applicability
Please read these terms and conditions carefully. Your accepting them in full is a condition of your use of a Cliffhanger Productions Product (whether or not you subscribe). If you don’t agree with any part, please don’t accept them or use the Cliffhanger Productions Product.
Changes
We may change these terms and conditions to reflect: changes in applicable laws; regulatory or security requirements; relevant guidance or codes of practice; technical alterations to Cliffhanger Productions Products; and to improve clarity and consistency. Please check the terms and conditions whenever you use a Cliffhanger Productions Product. If you are not a subscriber, we will treat your continued use of a Cliffhanger Productions Product as acceptance of these changes from their effective date as shown above. If you are a subscriber, we will treat you as bound by the changes on the first renewal date for your subscription after the effective date and so you should cancel your subscription (as explained below) before this renewal date if you don’t like the proposed changes.
Your account
To use many features of Cliffhanger Productions Products, we require you to create an account. We grant valid account holders a non-exclusive, non-transferable license for the period of membership to use Cliffhanger Productions Products and to download and use our client software and connect to our servers solely to use Cliffhanger Productions Products in accordance with these terms and conditions.
You must not choose a username that infringes the rights of any third party, impersonates Cliffhanger Productions staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified on our site or our Rules of Conduct. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.
You agree to keep your password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your password to gain access to your account. To help ensure the safety of your password, you must keep your computer free of viruses and other malicious code including Trojans. You must use your password in accordance with the password requirements specified on our site and our Rules of Conduct. Real Cliffhanger Productions staff will never ask you for your password. If you believe that someone has stolen your password or otherwise gained access to your account inform our support immediately.
User Content
We reserve the right without notice or refund to record, suspend, remove or delete User Content or to disclose to the relevant authorities any User Content if it is the subject of complaint or if we consider that it breaches our Terms and Conditions (including our content standards policy), or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.
Stopping your account
If, acting reasonably, we consider that our Terms and Conditions have or may have been breached, or that there has been fraudulent, unlawful or abusive activity, or that it is necessary in order to prevent or stop any harm or damage to us, to any Cliffhanger Productions Product, to other players or the general public, we may Stop (as defined above) any or all accounts for Cliffhanger Productions Products which we think are connected with the offender subject to such right of appeal as is specified on our website and/or restrict access to any content-uploading or other feature of our service and/or restrict access to or delete virtual currency or anything acquired by means of virtual currency. Such actions may result in loss of membership credit and/or loss of real money paid as part of any item / account trading or other prohibited transaction.
Intellectual property rights
AERENA and all characters and likenesses are copyright of Cliffhanger Productions Games
You must not reverse-engineer, decompile or modify any Cliffhanger Productions Product client software in any way (except to the extent allowed by applicable law). You must not use a modified/customised version of the client software or attempt to sub-license it. You must not create or provide any other means by which any Cliffhanger Productions Product may be played by others (including, without limitation, replacement or modified client/server software, server emulators). Please note that any such activity may constitute civil wrongs and/or criminal offences, and Cliffhanger Productions reserves the right to take such action as appropriate in the circumstances should it become aware that such offences are being committed.
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Cliffhanger Productions Product by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these materials or any Cliffhanger Productions Product except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.
You agree that all intellectual property or other rights in any game character, account and items are and will remain our property. Cliffhanger Productions owns all rights in the Cliffhanger Productions Products, and you are only granted permission to use such products, subject to and in accordance with these Terms and Conditions.
By posting chat or other materials on any Cliffhanger Productions Product, you grant us a non-exclusive, perpetual, royalty free, worldwide licence to use and/or modify such materials on any Cliffhanger Productions Product as we see fit. You waive any moral rights to the extent allowed by law.
You agree that by submitting any material of any kind to us for any purpose connected with any Cliffhanger Productions Product (non-exhaustive examples are suggestions and ideas for any game or contributions to any Gallery page), you are giving us a non-exclusive, perpetual, worldwide, royalty-free licence to use and/or modify the submitted materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
Functioning of Cliffhanger Productions Products
We will use reasonable endeavours to maintain operation of Cliffhanger Productions Products and rectify faults as quickly as possible. We may have to suspend operation of a Cliffhanger Productions Product without notice for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions or for any interruption or error caused by circumstances outside our reasonable control.
We cannot guarantee that Cliffhanger Productions Products will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.
Third parties
Cliffhanger Productions Products may include links to internet sites or other technologies supplied by third parties including sites / technologies which enable you to pay by means of payment methods provided by third parties. We make no promises about those sites or their content, products or services as these are outside our reasonable control.
OUR AND YOUR LEGAL RESPONSIBILITY
WE DO NOT ACCEPT LEGAL RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS. YOU AGREE TO WAIVE ANY LEGAL DUTY OF CARE OWED TO YOU BY CLIFFHANGER PRODUCTIONS, TO THE MAXIMUM EXTENT ALLOWED BY LAW.
YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A CLIFFHANGER PRODUCTIONS PRODUCT.
Transfer
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
General
Nothing in these terms and conditions affects your statutory rights as a consumer. Headings above are for guidance only and not binding. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. These terms and conditions are governed by Austrian law.
Effective Date: 2nd of April, 2012
Introduction
This webservice is owned and operated by Cliffhanger Productions Software GmbH (“Cliffhanger Productions”), a company registered Austria (registered number 289822). With a registered office at
Seidengasse 32/NB/7
1070 Vienna
Austria
Definitions
“Cliffhanger Productions Product(s)” is used as shorthand for our online games including all Cliffhanger Productions websites used to play those games.
References to “Stopping” an account include all or any of: locking, temporarily or permanently banning, or temporarily or permanently muting the account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned, you will not be able to access your account at all.
“User Content” means all information of any kind (including text, images, video, information and messages) uploaded or sent by users on or in connection with Cliffhanger Productions Products.
Applicability
Please read these terms and conditions carefully. Your accepting them in full is a condition of your use of a Cliffhanger Productions Product (whether or not you subscribe). If you don’t agree with any part, please don’t accept them or use the Cliffhanger Productions Product.
Changes
We may change these terms and conditions to reflect: changes in applicable laws; regulatory or security requirements; relevant guidance or codes of practice; technical alterations to Cliffhanger Productions Products; and to improve clarity and consistency. Please check the terms and conditions whenever you use a Cliffhanger Productions Product. If you are not a subscriber, we will treat your continued use of a Cliffhanger Productions Product as acceptance of these changes from their effective date as shown above. If you are a subscriber, we will treat you as bound by the changes on the first renewal date for your subscription after the effective date and so you should cancel your subscription (as explained below) before this renewal date if you don’t like the proposed changes.
Your account
To use many features of Cliffhanger Productions Products, we require you to create an account. We grant valid account holders a non-exclusive, non-transferable license for the period of membership to use Cliffhanger Productions Products and to download and use our client software and connect to our servers solely to use Cliffhanger Productions Products in accordance with these terms and conditions.
You must not choose a username that infringes the rights of any third party, impersonates Cliffhanger Productions staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified on our site or our Rules of Conduct. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.
You agree to keep your password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your password to gain access to your account. To help ensure the safety of your password, you must keep your computer free of viruses and other malicious code including Trojans. You must use your password in accordance with the password requirements specified on our site and our Rules of Conduct. Real Cliffhanger Productions staff will never ask you for your password. If you believe that someone has stolen your password or otherwise gained access to your account inform our support immediately.
User Content
We reserve the right without notice or refund to record, suspend, remove or delete User Content or to disclose to the relevant authorities any User Content if it is the subject of complaint or if we consider that it breaches our Terms and Conditions (including our content standards policy), or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.
Stopping your account
If, acting reasonably, we consider that our Terms and Conditions have or may have been breached, or that there has been fraudulent, unlawful or abusive activity, or that it is necessary in order to prevent or stop any harm or damage to us, to any Cliffhanger Productions Product, to other players or the general public, we may Stop (as defined above) any or all accounts for Cliffhanger Productions Products which we think are connected with the offender subject to such right of appeal as is specified on our website and/or restrict access to any content-uploading or other feature of our service and/or restrict access to or delete virtual currency or anything acquired by means of virtual currency. Such actions may result in loss of membership credit and/or loss of real money paid as part of any item / account trading or other prohibited transaction.
Intellectual property rights
AERENA and all characters and likenesses are copyright of Cliffhanger Productions Games
You must not reverse-engineer, decompile or modify any Cliffhanger Productions Product client software in any way (except to the extent allowed by applicable law). You must not use a modified/customised version of the client software or attempt to sub-license it. You must not create or provide any other means by which any Cliffhanger Productions Product may be played by others (including, without limitation, replacement or modified client/server software, server emulators). Please note that any such activity may constitute civil wrongs and/or criminal offences, and Cliffhanger Productions reserves the right to take such action as appropriate in the circumstances should it become aware that such offences are being committed.
Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on any Cliffhanger Productions Product by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these materials or any Cliffhanger Productions Product except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.
You agree that all intellectual property or other rights in any game character, account and items are and will remain our property. Cliffhanger Productions owns all rights in the Cliffhanger Productions Products, and you are only granted permission to use such products, subject to and in accordance with these Terms and Conditions.
By posting chat or other materials on any Cliffhanger Productions Product, you grant us a non-exclusive, perpetual, royalty free, worldwide licence to use and/or modify such materials on any Cliffhanger Productions Product as we see fit. You waive any moral rights to the extent allowed by law.
You agree that by submitting any material of any kind to us for any purpose connected with any Cliffhanger Productions Product (non-exhaustive examples are suggestions and ideas for any game or contributions to any Gallery page), you are giving us a non-exclusive, perpetual, worldwide, royalty-free licence to use and/or modify the submitted materials as we see fit. You agree to waive any moral rights to the extent permitted by law and that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
Functioning of Cliffhanger Productions Products
We will use reasonable endeavours to maintain operation of Cliffhanger Productions Products and rectify faults as quickly as possible. We may have to suspend operation of a Cliffhanger Productions Product without notice for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions or for any interruption or error caused by circumstances outside our reasonable control.
We cannot guarantee that Cliffhanger Productions Products will work with any particular computer equipment or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services.
Third parties
Cliffhanger Productions Products may include links to internet sites or other technologies supplied by third parties including sites / technologies which enable you to pay by means of payment methods provided by third parties. We make no promises about those sites or their content, products or services as these are outside our reasonable control.
OUR AND YOUR LEGAL RESPONSIBILITY
WE DO NOT ACCEPT LEGAL RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS. YOU AGREE TO WAIVE ANY LEGAL DUTY OF CARE OWED TO YOU BY CLIFFHANGER PRODUCTIONS, TO THE MAXIMUM EXTENT ALLOWED BY LAW.
YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF A CLIFFHANGER PRODUCTIONS PRODUCT.
Transfer
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
General
Nothing in these terms and conditions affects your statutory rights as a consumer. Headings above are for guidance only and not binding. If we fail to enforce any provision of these terms and conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these terms and conditions is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. These terms and conditions are governed by Austrian law.