CARTETERMS OF USE
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GamesCampus ("GamesCampus" or the "Service"), consists of the website, www.gamescampus.eu (the "Website"), and offers the games Shot Online, Legend of Edda, 9Dragons, Carte, RF Online. (the "Games"). Your use of GamesCampus is subject at all times to these Terms of Use, the Privacy Policy and any applicable End User Licensing Agreements ("EULA").
Any inconsistencies between these Terms of Use, each Game's Terms of Use, the Privacy Policy or any EULA shall be resolved by OnNet in its sole discretion
1
Establishment of your GamesCampus Account.
A. You may establish up to two (2) accounts with which to play GamesCampus games through access to the Service, pursuant to the terms, conditions and restrictions contained in the Terms of Use. In order to establish an Account, you must be a 'natural person,' who is over the age of eighteen (18) years old or the age of majority in your place of residence. Corporations, Limited Liability Companies, partnerships, or any other form of legal entity other than that of a "natural person" may not establish an account. By accepting this Agreement, you hereby represent and warrant that you are a 'Natural Person' over the age of eighteen and are either accepting this Agreement on behalf of yourself or on behalf of your minor child. You may not share your Account with anyone, except that if you are a parent or guardian, you may permit one (1) minor child to use the Account instead of you (in which case you may not use that Account at the same time). You are liable for all activities conducted through the Account, including any activities which may be conducted by your minor children that you allow to use your Account.
B. To register an Account to play GamesCampus games, you will be required to provide OnNet with: your name, address and phone number (work and home, if applicable). Failure to comply with the foregoing or to update the foregoing if your contact information changes shall constitute a breach of this Agreement, which may result in the immediate termination of your right to use your Account to access the Service. This information is used to identify you as a "unique user." In the event that OnNet learns that you have provided OnNet with false or misleading registration information, OnNet reserves the right to immediately terminate your Account without any notice.
C. During the registration process, you will be required to select a user name and a password that are specific to your account (collectively referred to hereunder as "Password"). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password and your account. You may not disclose your Password to anyone, or allow your Password to be used by any one beside yourself or your one (1) minor child to play GamesCampus games. Any damage or harm that may result to your account, or to GamesCampus games, due to lost or deleted characters or lost or deleted items within the account due to your disclosure of your Password, or due to the discovery of your Password by a third party, is your sole responsibility. Note that your user name shall be subject to the naming guidelines contained in the Terms of Use.
2
Limitations on Your Use of GamesCampus.
Your license to use GamesCampus games is limited by a number of factors which are listed here, and which are contained in the GamesCampus Agreement which you were required to accept when you installed GamesCampus games. Limitations on your right to use GamesCampus may include, but not necessarily be limited to, the following:
A. OnNet Europe expressly reserves the exclusive right to create derivative works based on GamesCampus. This means that you may not create derivative works based on GamesCampus, without the prior express, written permission of OnNet.
B. Only OnNet or its licensees have the right to host GamesCampus games (Shot Online, Legend of Edda, 9Dragons, Carte, RF Online. Accordingly, you may not host, provide matchmaking services for, or emulate or redirect the communication protocols used by OnNet as part of GamesCampus, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, tunneling, reverse engineering, modifying GamesCampus, adding components to GamesCampus games, or using a utility program to host GamesCampus.
C. You may not modify GamesCampus games to change game play, including, but not limited to, the creation of cheats and/or hacks, nor may you use any third-party software which is running at the same time as GamesCampus games that accesses files which are part of GamesCampus, for any reason whatsoever. Additionally, you may not utilize any "packet sniffing" software, regardless of the operating system utilized by such software and regardless of whether or not such tools are running on the same computer as the client or any computer connected to that client or its network, or otherwise monitor GamesCampus' network connection while you or anyone else is playing GamesCampus games.
D. You may not institute an attack upon a GamesCampus games' server or otherwise deliberately attempt to disrupt GamesCampus servers. You may not institute any such attack which results in the disruption of any other player's client. ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DELIBERATELY DAMAGE GAMESCAMPUS games OR UNDERMINE THE LEGITIMATE OPERATION OF GAMESCAMPUS games IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, ONNET RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
E. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation.
F. You may not modify any files which OnNet Europe does not specifically authorize you to modify.
G. You may not remove, alter or conceal any proprietary notices or labels on GamesCampus without the prior consent, in writing, of OnNet Europe.
3
GamesCampus Rules of Conduct.
Ihre Nutzungsberechtigung für GamesCampus ist beschränkt durch die nachfolgend aufgeführten Bedingungen:
As with all things, GamesCampus is governed by certain rules of conduct that must be adhered to by all users of GamesCampus. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be "exhaustive," and OnNet reserves the right to determine what conduct it considers to be outside the spirit of the game and to take such disciplinary measures as it sees fit. OnNet reserves the right to add to or amend this list of rules at any time, and you are responsible for checking these Terms of Use for any newly amended or posted rules each time that you log on.
A. Rules Related to User Names. Each user will select a character's name for his or her characters. When you choose a character's name or create a character that can be seen by other players of GamesCampus games, you must abide by the rules of common decency. If OnNet Europe, in its sole discretion, finds such a label to be offensive, it reserves the right to change the name, remove the label, and/or suspend your use of GamesCampus. In particular, you may not use:
(i) Names of another person with the intent to impersonate that person;
(ii) Names which incorporate 'swear' or profane words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable. This also includes any name based on sexual innuendo or connotation (e.g. Vibrator, SexToy, Dildo, etc);
(iii) Names subject to the rights of any other person without authorization;
(iv) Names that are deliberately intended to impersonate an OnNet Europe employee. For example : OnNet should not be included in your character name, along with GM or GameMaster.
(v) Names of religious figures (e.g., Buddha, Jesus, Satan);
(vi) Names of notorious figures and organizations (e.g., Hitler, Nazi, Al Qaeda);
(vii) Names related to drugs, narcotics, or criminal activity, including references to drug substances (e.g., Heroin, Cocaine, Cannibus);
(viii) Names which do not fall under the above 6 areas, but can lead to inappropriate remarks, chat, or other forms of communication in game.
Additionally, you may not purposely use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions. OnNet retains the right of final name approval or exceptions to this naming policy.
B. Rules Related to "Chat" and Interaction With Other Users. Communicating with other Users and OnNet representatives is an integral part of GamesCampus games and is referred to in this document as "Chat." Your Chats may be subject to review, modification, and deletion without notice by OnNet. OnNet is under no obligation to monitor Chat and you engage in Chat at your own risk. When engaging in Chat in GamesCampus, you may not:
(i) Transmit or post sexually explicit images or other content which in the sole discretion of OnNet is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable content;
(ii) Carry out any action with a disruptive effect, such as cause the Chat screen to "scroll" faster than other users are able to type to it, including setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
(iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, individuals or entities, including, but not limited to, posting "Spam" messages on GamesCampus ("Spam" messages as used in this document include, but are not limited to, any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to GamesCampus);
(iv) "Spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;
(v) Communicate or post any user's personal information in or on the GamesCampus, or websites or forums related to GamesCampus;
(vi) Use bots or other automated techniques to collect information or communicate or post any user's personal information in or on the GamesCampus, or websites or forums related to GamesCampus games;
(vii) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to another user of GamesCampus or other person or entity; or
(viii) Cheat during game play, including but not limited to modification of the game program files.
C. Rules Related to Game Play. Game play is what GamesCampus is all about. Accordingly, the rules that govern game play in GamesCampus are taken very seriously by OnNet Europe. Note that OnNet considers all valid play styles in GamesCampus to be part of the game.
(i) All connections to GamesCampus, whether created by the OnNet software products or by other tools and utilities, may only be made through methods and means expressly approved by OnNet. Under no circumstances may you connect, or create tools that allow you to connect, to GamesCampus' private binary interface or interfaces other than those explicitly provided by OnNet for your use.
(ii) You may not use errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players.
(iii) You may not use any tools which hack or alter the GamesCampus games' client or server software.
(iv) You may not use software products which "packet sniff" or provide scripting and/or macroing to obtain information from GamesCampus games to gain a competitive advantage over other players.
(v) You may not do anything that OnNet considers contrary to the "essence" of GamesCampus.
4
Account / Password Security
You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you. Also, note that the security of your account is your responsibility. OnNet is not responsible in the event that your account is "hacked," or if your account or computer is damaged by a virus, or for any other issues with your computer or your account which may occur in conjunction with your use of GamesCampus games. If you think that your account has been compromised, please contact OnNet Technical Support, by sending email to OnNet's Technical Support email address, and OnNet will make an effort to assist you in recovering the security of your account. This includes helping to reset passwords, helping with billing issues, and offering basic suggestions for improving your account security. If you report your account stolen, hacked, or in any other way compromised, OnNet will suspend the account while we fully investigate the matter. This is to protect the items that are part of the account. Following this investigation, OnNet will determine the appropriate course of action.
5
Consequences of Violating the OnNet Europe Code of Conduct.
OnNet Europe, in its sole discretion, reserves the right to take whatever action it deems necessary to preserve the integrity of GamesCampus and the Service. Violation of any of the terms and conditions set forth above may result in actions being taken by OnNet, effective immediately or at a time determined by OnNet, which may include, but not be limited to the following:
A. OnNet Europe may temporarily suspend your access to the Service,
B. OnNet Europe may permanently terminate your access to the Service, and/or
C. in the event that OnNet is contacted by governmental authorities and/or parties seeking information or legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of GamesCampus games, OnNet will cooperate fully with all governmental authorities and any lawful orders of the court with regard to the release of information that relates to you and your use of GamesCampus, including but not limited to user Internet Protocol (IP) addresses, associated personal information and all other user information on file. Without limiting the actions listed above, OnNet retains the right to decline service to any user who violates the GamesCampus Terms of Use or the GamesCampu Agreement.
6
Experience Reimbursement.
First and foremost, nothing in these rules will ever place a "duty" upon OnNet to reimburse you by providing experience credit for any experience lost for any reason. That being said, OnNet may, at its sole option, determine to reimburse experience lost by players in certain extreme and unusual situations. For instance, OnNet may decide to reimburse experience lost in the event of a catastrophic server failure. But remember that it is completely up to OnNet to determine which situations would justify experience reimbursement. In no event is OnNet obligated to provide any monetary reimbursement or monetary credit.
7
Our Administration of GamesCampus Europe; Changes to the Terms of this Terms of Use Agreement.
OnNet Europe reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any GamesCampus games feature, hours of availability, content, data, software or equipment needed to access GamesCampus, effective upon prior notice as follows. OnNet will post notification of any such changes to GamesCampus on the GamesCampus website and will post any revised Terms of Use in this location, and may provide such other notice as OnNet may elect in its sole discretion, which may include by email, postal mail or pop-up screen. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your GamesCampus account and terminate the account. The continued use of GamesCampus by you following notice of changes to this Agreement will mean you accept any and all such changes. OnNet may change, modify, suspend, or discontinue any aspect of GamesCampus at any time. OnNet may also impose limits on certain features or restrict your access to parts or all of GamesCampus without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of GamesCampus, any Game Data (defined below) or in any terms or conditions of access to or use of GamesCampus games.
8
Ownership.
All title, ownership rights and intellectual property rights in and to GamesCampus (including but not limited to any user accounts, titles, computer code, themes, objects, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into GamesCampus, transcripts of the chat rooms, member profile information, recordings of games played on GamesCampus, and software) are owned by OnNet or its licensors. GamesCampus is protected by the copyright laws of the European Union, international copyright treaties and conventions, and other laws. All rights are reserved. GamesCampus may contain certain licensed materials, and OnNet's licensors may protect their rights in the event of any violation of this Agreement.
9
Termination.
This Agreement is effective until terminated by either party. In the event that you terminate this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game access to GamesCampus. OnNet reserves the right to terminate this Agreement without notice, if, in OnNet's sole discretion, you fail to comply with any terms contained in these Terms of Use. Note that it is the policy of OnNet to cooperate fully in criminal investigations, including but not limited to tracing user Internet Protocol IP addresses and associated personal information as well as sharing all other user information on file with the proper authorities upon request.
10
Acknowledgments.
You hereby acknowledge that:
A. You assume the cost of all Internet access, telephone charges and necessary equipment, servicing, repair or correction for connecting to GamesCampus;
B. As part of your registration process and in consideration for the privilege of accessing GamesCampus, OnNet has the right to send your computer one or more "cookies" without any further notice to you, and OnNet has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you;
C. OnNet Europe has the right to obtain "non-personal" data from your connection to GamesCampus in order to make certain demographic assumptions regarding the users of GamesCampus without any further notice to you;
D. OnNet Europe has the right to download software program files to your computer system, including but not limited to an ActiveX file for computers operating in the Windows environment, that will record CPU, RAM, operating system, video card, and sound card information from your computer;
E. GamesCampus is provided "as is" and OnNet Europe does not warrant that GamesCampus will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components, and OnNet expressly disclaims all express or implied, with respect to GamesCampus, including without limitation any warranties of its condition, defects, use, merchantability or fitness for any particular purpose or use, and non-infringement. Any warranty against infringement that may be provided in Section 2-312(3) of the Uniform Commercial Code and/or in any other comparable state statute is expressly disclaimed. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to you.
F. NEITHER ONNET NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES (collectively, "LICENSOR") SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF GAMESCAMPUS INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY GAMESCAMPUS. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you;
G. You may not be able to access GamesCampus, whenever you want, and there may be extended periods of time where you cannot access GamesCampus;
H. OnNet Europe shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of OnNet;
I. GamesCampus requires the creation and retention of electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, equipment, inventories, etc. ("Game Data"), which are stored by OnNet. While keeping Game Data safe is a priority of OnNet, note that OnNet shall not have any liability for the loss of any Game Data for any reason whatsoever, including but not limited to server failure, telephonic or network interruptions of any kind, defects, viruses or other harmful components, or negligent acts of OnNet and/or its affiliates;
J. OnNet reserves the right, in its sole discretion, to modify or delete any information, including but not limited to Game Data and any other information accumulated, stored or uploaded on GamesCampus games;
K. You are entirely liable for all activities conducted through your GamesCampus account, and are responsible for ensuring that any other person who uses your GamesCampus account is aware of the terms of this Agreement and complies with this Agreement. In the event that you become aware of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password, you will notify OnNet by Direct Q&A Board to report the suspected breach of security related to your GamesCampus account immediately;
OnNet will have no liability for any circumstances arising from the unauthorized use of a User Name, user's password or user's GamesCampus account. Any fraudulent, abusive, or otherwise illegal activity involving your GamesCampus account may be reported to appropriate law-enforcement agencies by OnNet. The terms of this Agreement shall extend to anyone that you allow to use your GamesCampus account, User Name, or player character(s), and you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including but not limited to termination of your account, and loss of your User Name and characters.
11
Equitable Remedies.
In the event that you breach this Agreement, you hereby agree that OnNet would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that OnNet shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as OnNet may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
12
Miscellaneous.
GamesCampus does not provide any telephone support.
13
Refund Policy
A. Purchased Items are not refundable at any time or for any reason, even if the purchased items have never been in use or withdrawn from a User's virtual locker.
B. Campus Credit balances of €10.00 or less will not, under any conditions, be refunded.
C. Refund requests for Campus Credit balances in excess of €10.00 will be refunded less a 20% processing fee.
D. Campus Credit refunds will only be made within 15 days from the original Campus Credit purchase date.
E. Campus Credit is only refundable to the account of the User who actually made the Campus Credit purchase. Rights to refunds are not transferable.
F. Refund requests must be made via Direct Q&A Board. Refund processing times may take up to 30 days.
G. A maximum of Two (2) refund requests per registered user account is permitted. In the event a Two (2) refund request is made, the user account will be permanently blocked without further notice, and the User will be required to request a refund, if applicable, in accordance with this Refund Policy.
H. You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to any GamesCampus account. You may not sell, buy or trade characters or items. Any advertising regarding trading of characters or items on message boards may be deleted without notification. OnNet EU is not responsible for any problems caused by illegal trading, selling or buying of characters or items.
I. Any violation of the Terms of Use, Game Policy, Rules of Conduct, License or any other agreement affecting the use of the GamesCampus service may result in termination or suspension of a user account at the sole discretion of OnNet EU. In the event of termination, no refund will be made to the user. In the event of suspension, OnNet EU will provide the suspended account user's purchased Campus Credit and items at the end of the suspension period.
J. Unauthorized Child Credit Card Abuse Policy. OnNet EU will not refund or reverse purchases made by children using a parent or guardian's credit card without the parent or guardian's consent. If there is an unauthorized Child Credit Card Abuse Policy violation, the account will be permanently suspended.
K. If your transactions (purchasing GamesCampus Campus Credit), appear as unauthorized or chargeback cases, your GamesCampus account will be permanently blocked without any exception.
The refund policies contained herein are an integral part of the Terms of Use between a user and OnNet EU. By purchasing items or Campus Credit, you agree to be bound by the terms of this Refund Policy. The Refund Policy, Terms of Use, Rules of Conduct and Game Policy ("Agreements") may be changed at any time without prior notice to the user. Although OnNet EU will take certain measures to inform our user's of changes, it is the user's sole responsibility to frequently check the Agreements for changes. Changes to the Agreement affect only orders (Campus Credit/items) placed after the stated Effective Date of the modified Agreements.
1
Establishment of your GamesCampus Account.
A. You may establish up to two (2) accounts with which to play GamesCampus games through access to the Service, pursuant to the terms, conditions and restrictions contained in the Terms of Use. In order to establish an Account, you must be a 'natural person,' who is over the age of eighteen (18) years old or the age of majority in your place of residence. Corporations, Limited Liability Companies, partnerships, or any other form of legal entity other than that of a "natural person" may not establish an account. By accepting this Agreement, you hereby represent and warrant that you are a 'Natural Person' over the age of eighteen and are either accepting this Agreement on behalf of yourself or on behalf of your minor child. You may not share your Account with anyone, except that if you are a parent or guardian, you may permit one (1) minor child to use the Account instead of you (in which case you may not use that Account at the same time). You are liable for all activities conducted through the Account, including any activities which may be conducted by your minor children that you allow to use your Account.
B. To register an Account to play GamesCampus games, you will be required to provide OnNet with: your name, address and phone number (work and home, if applicable). Failure to comply with the foregoing or to update the foregoing if your contact information changes shall constitute a breach of this Agreement, which may result in the immediate termination of your right to use your Account to access the Service. This information is used to identify you as a "unique user." In the event that OnNet learns that you have provided OnNet with false or misleading registration information, OnNet reserves the right to immediately terminate your Account without any notice.
C. During the registration process, you will be required to select a user name and a password that are specific to your account (collectively referred to hereunder as "Password"). Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password and your account. You may not disclose your Password to anyone, or allow your Password to be used by any one beside yourself or your one (1) minor child to play GamesCampus games. Any damage or harm that may result to your account, or to GamesCampus games, due to lost or deleted characters or lost or deleted items within the account due to your disclosure of your Password, or due to the discovery of your Password by a third party, is your sole responsibility. Note that your user name shall be subject to the naming guidelines contained in the Terms of Use.
2
Limitations on Your Use of GamesCampus.
Your license to use GamesCampus games is limited by a number of factors which are listed here, and which are contained in the GamesCampus Agreement which you were required to accept when you installed GamesCampus games. Limitations on your right to use GamesCampus may include, but not necessarily be limited to, the following:
A. OnNet Europe expressly reserves the exclusive right to create derivative works based on GamesCampus. This means that you may not create derivative works based on GamesCampus, without the prior express, written permission of OnNet.
B. Only OnNet or its licensees have the right to host GamesCampus games (Shot Online, Legend of Edda, 9Dragons, Carte, RF Online. Accordingly, you may not host, provide matchmaking services for, or emulate or redirect the communication protocols used by OnNet as part of GamesCampus, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, tunneling, reverse engineering, modifying GamesCampus, adding components to GamesCampus games, or using a utility program to host GamesCampus.
C. You may not modify GamesCampus games to change game play, including, but not limited to, the creation of cheats and/or hacks, nor may you use any third-party software which is running at the same time as GamesCampus games that accesses files which are part of GamesCampus, for any reason whatsoever. Additionally, you may not utilize any "packet sniffing" software, regardless of the operating system utilized by such software and regardless of whether or not such tools are running on the same computer as the client or any computer connected to that client or its network, or otherwise monitor GamesCampus' network connection while you or anyone else is playing GamesCampus games.
D. You may not institute an attack upon a GamesCampus games' server or otherwise deliberately attempt to disrupt GamesCampus servers. You may not institute any such attack which results in the disruption of any other player's client. ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DELIBERATELY DAMAGE GAMESCAMPUS games OR UNDERMINE THE LEGITIMATE OPERATION OF GAMESCAMPUS games IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, ONNET RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
E. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation.
F. You may not modify any files which OnNet Europe does not specifically authorize you to modify.
G. You may not remove, alter or conceal any proprietary notices or labels on GamesCampus without the prior consent, in writing, of OnNet Europe.
3
GamesCampus Rules of Conduct.
Ihre Nutzungsberechtigung für GamesCampus ist beschränkt durch die nachfolgend aufgeführten Bedingungen:
As with all things, GamesCampus is governed by certain rules of conduct that must be adhered to by all users of GamesCampus. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be "exhaustive," and OnNet reserves the right to determine what conduct it considers to be outside the spirit of the game and to take such disciplinary measures as it sees fit. OnNet reserves the right to add to or amend this list of rules at any time, and you are responsible for checking these Terms of Use for any newly amended or posted rules each time that you log on.
A. Rules Related to User Names. Each user will select a character's name for his or her characters. When you choose a character's name or create a character that can be seen by other players of GamesCampus games, you must abide by the rules of common decency. If OnNet Europe, in its sole discretion, finds such a label to be offensive, it reserves the right to change the name, remove the label, and/or suspend your use of GamesCampus. In particular, you may not use:
(i) Names of another person with the intent to impersonate that person;
(ii) Names which incorporate 'swear' or profane words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable. This also includes any name based on sexual innuendo or connotation (e.g. Vibrator, SexToy, Dildo, etc);
(iii) Names subject to the rights of any other person without authorization;
(iv) Names that are deliberately intended to impersonate an OnNet Europe employee. For example : OnNet should not be included in your character name, along with GM or GameMaster.
(v) Names of religious figures (e.g., Buddha, Jesus, Satan);
(vi) Names of notorious figures and organizations (e.g., Hitler, Nazi, Al Qaeda);
(vii) Names related to drugs, narcotics, or criminal activity, including references to drug substances (e.g., Heroin, Cocaine, Cannibus);
(viii) Names which do not fall under the above 6 areas, but can lead to inappropriate remarks, chat, or other forms of communication in game.
Additionally, you may not purposely use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions. OnNet retains the right of final name approval or exceptions to this naming policy.
B. Rules Related to "Chat" and Interaction With Other Users. Communicating with other Users and OnNet representatives is an integral part of GamesCampus games and is referred to in this document as "Chat." Your Chats may be subject to review, modification, and deletion without notice by OnNet. OnNet is under no obligation to monitor Chat and you engage in Chat at your own risk. When engaging in Chat in GamesCampus, you may not:
(i) Transmit or post sexually explicit images or other content which in the sole discretion of OnNet is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable content;
(ii) Carry out any action with a disruptive effect, such as cause the Chat screen to "scroll" faster than other users are able to type to it, including setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
(iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, individuals or entities, including, but not limited to, posting "Spam" messages on GamesCampus ("Spam" messages as used in this document include, but are not limited to, any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to GamesCampus);
(iv) "Spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;
(v) Communicate or post any user's personal information in or on the GamesCampus, or websites or forums related to GamesCampus;
(vi) Use bots or other automated techniques to collect information or communicate or post any user's personal information in or on the GamesCampus, or websites or forums related to GamesCampus games;
(vii) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to another user of GamesCampus or other person or entity; or
(viii) Cheat during game play, including but not limited to modification of the game program files.
C. Rules Related to Game Play. Game play is what GamesCampus is all about. Accordingly, the rules that govern game play in GamesCampus are taken very seriously by OnNet Europe. Note that OnNet considers all valid play styles in GamesCampus to be part of the game.
(i) All connections to GamesCampus, whether created by the OnNet software products or by other tools and utilities, may only be made through methods and means expressly approved by OnNet. Under no circumstances may you connect, or create tools that allow you to connect, to GamesCampus' private binary interface or interfaces other than those explicitly provided by OnNet for your use.
(ii) You may not use errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players.
(iii) You may not use any tools which hack or alter the GamesCampus games' client or server software.
(iv) You may not use software products which "packet sniff" or provide scripting and/or macroing to obtain information from GamesCampus games to gain a competitive advantage over other players.
(v) You may not do anything that OnNet considers contrary to the "essence" of GamesCampus.
4
Account / Password Security
You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you. Also, note that the security of your account is your responsibility. OnNet is not responsible in the event that your account is "hacked," or if your account or computer is damaged by a virus, or for any other issues with your computer or your account which may occur in conjunction with your use of GamesCampus games. If you think that your account has been compromised, please contact OnNet Technical Support, by sending email to OnNet's Technical Support email address, and OnNet will make an effort to assist you in recovering the security of your account. This includes helping to reset passwords, helping with billing issues, and offering basic suggestions for improving your account security. If you report your account stolen, hacked, or in any other way compromised, OnNet will suspend the account while we fully investigate the matter. This is to protect the items that are part of the account. Following this investigation, OnNet will determine the appropriate course of action.
5
Consequences of Violating the OnNet Europe Code of Conduct.
OnNet Europe, in its sole discretion, reserves the right to take whatever action it deems necessary to preserve the integrity of GamesCampus and the Service. Violation of any of the terms and conditions set forth above may result in actions being taken by OnNet, effective immediately or at a time determined by OnNet, which may include, but not be limited to the following:
A. OnNet Europe may temporarily suspend your access to the Service,
B. OnNet Europe may permanently terminate your access to the Service, and/or
C. in the event that OnNet is contacted by governmental authorities and/or parties seeking information or legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of GamesCampus games, OnNet will cooperate fully with all governmental authorities and any lawful orders of the court with regard to the release of information that relates to you and your use of GamesCampus, including but not limited to user Internet Protocol (IP) addresses, associated personal information and all other user information on file. Without limiting the actions listed above, OnNet retains the right to decline service to any user who violates the GamesCampus Terms of Use or the GamesCampu Agreement.
6
Experience Reimbursement.
First and foremost, nothing in these rules will ever place a "duty" upon OnNet to reimburse you by providing experience credit for any experience lost for any reason. That being said, OnNet may, at its sole option, determine to reimburse experience lost by players in certain extreme and unusual situations. For instance, OnNet may decide to reimburse experience lost in the event of a catastrophic server failure. But remember that it is completely up to OnNet to determine which situations would justify experience reimbursement. In no event is OnNet obligated to provide any monetary reimbursement or monetary credit.
7
Our Administration of GamesCampus Europe; Changes to the Terms of this Terms of Use Agreement.
OnNet Europe reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any GamesCampus games feature, hours of availability, content, data, software or equipment needed to access GamesCampus, effective upon prior notice as follows. OnNet will post notification of any such changes to GamesCampus on the GamesCampus website and will post any revised Terms of Use in this location, and may provide such other notice as OnNet may elect in its sole discretion, which may include by email, postal mail or pop-up screen. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your GamesCampus account and terminate the account. The continued use of GamesCampus by you following notice of changes to this Agreement will mean you accept any and all such changes. OnNet may change, modify, suspend, or discontinue any aspect of GamesCampus at any time. OnNet may also impose limits on certain features or restrict your access to parts or all of GamesCampus without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of GamesCampus, any Game Data (defined below) or in any terms or conditions of access to or use of GamesCampus games.
8
Ownership.
All title, ownership rights and intellectual property rights in and to GamesCampus (including but not limited to any user accounts, titles, computer code, themes, objects, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into GamesCampus, transcripts of the chat rooms, member profile information, recordings of games played on GamesCampus, and software) are owned by OnNet or its licensors. GamesCampus is protected by the copyright laws of the European Union, international copyright treaties and conventions, and other laws. All rights are reserved. GamesCampus may contain certain licensed materials, and OnNet's licensors may protect their rights in the event of any violation of this Agreement.
9
Termination.
This Agreement is effective until terminated by either party. In the event that you terminate this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game access to GamesCampus. OnNet reserves the right to terminate this Agreement without notice, if, in OnNet's sole discretion, you fail to comply with any terms contained in these Terms of Use. Note that it is the policy of OnNet to cooperate fully in criminal investigations, including but not limited to tracing user Internet Protocol IP addresses and associated personal information as well as sharing all other user information on file with the proper authorities upon request.
10
Acknowledgments.
You hereby acknowledge that:
A. You assume the cost of all Internet access, telephone charges and necessary equipment, servicing, repair or correction for connecting to GamesCampus;
B. As part of your registration process and in consideration for the privilege of accessing GamesCampus, OnNet has the right to send your computer one or more "cookies" without any further notice to you, and OnNet has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you;
C. OnNet Europe has the right to obtain "non-personal" data from your connection to GamesCampus in order to make certain demographic assumptions regarding the users of GamesCampus without any further notice to you;
D. OnNet Europe has the right to download software program files to your computer system, including but not limited to an ActiveX file for computers operating in the Windows environment, that will record CPU, RAM, operating system, video card, and sound card information from your computer;
E. GamesCampus is provided "as is" and OnNet Europe does not warrant that GamesCampus will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components, and OnNet expressly disclaims all express or implied, with respect to GamesCampus, including without limitation any warranties of its condition, defects, use, merchantability or fitness for any particular purpose or use, and non-infringement. Any warranty against infringement that may be provided in Section 2-312(3) of the Uniform Commercial Code and/or in any other comparable state statute is expressly disclaimed. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to you.
F. NEITHER ONNET NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES (collectively, "LICENSOR") SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF GAMESCAMPUS INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY GAMESCAMPUS. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you;
G. You may not be able to access GamesCampus, whenever you want, and there may be extended periods of time where you cannot access GamesCampus;
H. OnNet Europe shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of OnNet;
I. GamesCampus requires the creation and retention of electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, equipment, inventories, etc. ("Game Data"), which are stored by OnNet. While keeping Game Data safe is a priority of OnNet, note that OnNet shall not have any liability for the loss of any Game Data for any reason whatsoever, including but not limited to server failure, telephonic or network interruptions of any kind, defects, viruses or other harmful components, or negligent acts of OnNet and/or its affiliates;
J. OnNet reserves the right, in its sole discretion, to modify or delete any information, including but not limited to Game Data and any other information accumulated, stored or uploaded on GamesCampus games;
K. You are entirely liable for all activities conducted through your GamesCampus account, and are responsible for ensuring that any other person who uses your GamesCampus account is aware of the terms of this Agreement and complies with this Agreement. In the event that you become aware of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password, you will notify OnNet by Direct Q&A Board to report the suspected breach of security related to your GamesCampus account immediately;
OnNet will have no liability for any circumstances arising from the unauthorized use of a User Name, user's password or user's GamesCampus account. Any fraudulent, abusive, or otherwise illegal activity involving your GamesCampus account may be reported to appropriate law-enforcement agencies by OnNet. The terms of this Agreement shall extend to anyone that you allow to use your GamesCampus account, User Name, or player character(s), and you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including but not limited to termination of your account, and loss of your User Name and characters.
11
Equitable Remedies.
In the event that you breach this Agreement, you hereby agree that OnNet would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that OnNet shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as OnNet may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
12
Miscellaneous.
GamesCampus does not provide any telephone support.
13
Refund Policy
A. Purchased Items are not refundable at any time or for any reason, even if the purchased items have never been in use or withdrawn from a User's virtual locker.
B. Campus Credit balances of €10.00 or less will not, under any conditions, be refunded.
C. Refund requests for Campus Credit balances in excess of €10.00 will be refunded less a 20% processing fee.
D. Campus Credit refunds will only be made within 15 days from the original Campus Credit purchase date.
E. Campus Credit is only refundable to the account of the User who actually made the Campus Credit purchase. Rights to refunds are not transferable.
F. Refund requests must be made via Direct Q&A Board. Refund processing times may take up to 30 days.
G. A maximum of Two (2) refund requests per registered user account is permitted. In the event a Two (2) refund request is made, the user account will be permanently blocked without further notice, and the User will be required to request a refund, if applicable, in accordance with this Refund Policy.
H. You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to any GamesCampus account. You may not sell, buy or trade characters or items. Any advertising regarding trading of characters or items on message boards may be deleted without notification. OnNet EU is not responsible for any problems caused by illegal trading, selling or buying of characters or items.
I. Any violation of the Terms of Use, Game Policy, Rules of Conduct, License or any other agreement affecting the use of the GamesCampus service may result in termination or suspension of a user account at the sole discretion of OnNet EU. In the event of termination, no refund will be made to the user. In the event of suspension, OnNet EU will provide the suspended account user's purchased Campus Credit and items at the end of the suspension period.
J. Unauthorized Child Credit Card Abuse Policy. OnNet EU will not refund or reverse purchases made by children using a parent or guardian's credit card without the parent or guardian's consent. If there is an unauthorized Child Credit Card Abuse Policy violation, the account will be permanently suspended.
K. If your transactions (purchasing GamesCampus Campus Credit), appear as unauthorized or chargeback cases, your GamesCampus account will be permanently blocked without any exception.
The refund policies contained herein are an integral part of the Terms of Use between a user and OnNet EU. By purchasing items or Campus Credit, you agree to be bound by the terms of this Refund Policy. The Refund Policy, Terms of Use, Rules of Conduct and Game Policy ("Agreements") may be changed at any time without prior notice to the user. Although OnNet EU will take certain measures to inform our user's of changes, it is the user's sole responsibility to frequently check the Agreements for changes. Changes to the Agreement affect only orders (Campus Credit/items) placed after the stated Effective Date of the modified Agreements.
