General Terms and Conditions
This game is operated by Tempest Ltd. ("TEMPEST" or "we"). The services ("Services") provided within the context of this game (the "Game") to you ("User" or "you") are provided exclusively on the basis of these Terms and Conditions (the "Terms").
  1. Scope of Application, Validity and Changes to the Terms.
  2. Description of the Service.
  3. Accepting a Game User Contract.
  4. Names and Accounts.
  5. Premium Accounts.
  6. Obligations of the User.
  7. Game Defects.
  8. Liability of TEMPEST.
  9. Contract Duration and Termination.
  10. Data Protection and Advertising.
  11. Final Provisions.
  1. Scope of Application, Validity and Changes to the Terms.
    1. By acknowledging these Terms, we conclude a licensing agreement with you. When using the Game via a browser you, as User, acknowledge and accept the Terms for our Services by ticking the box "I accept the General Terms and Conditions" and clicking the registration button.
    2. In addition to these Terms, the relevant game and forum rules as well as the data protection regulations shall apply.
    3. Use of the Game for profit-making or other commercial purposes is prohibited. You agree that you will not, under any circumstances: use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, the Game or any Game experience.
    4. Use of the Game by Minors is the subject to the laws of your country of residence. If you are under 18 years of age, you confirm that your legal representative has read these Terms and that he/she agrees to the use of the Game.
    5. TEMPEST reserves the right to amend or supplement these Terms at any time to take effect in the future should this be considered necessary on justifiable grounds. The user shall be notified of any amendments to these terms in an appropriate manner. Such notification shall either be carried out on the Game’s website or by sending an in-game message or email to a User.
  2. Description of the Service.
    1. The service of TEMPEST consists in the provision of the Game. TEMPEST offers the Game to registered users to play with free Accounts.
    2. The use of the Game is only available to Users who have accepted the Game User Contract through their registration and who have created a Game Account. The use of the Game is permitted from the time the Game User Contract has been accepted and TEMPEST has opened a Game Account for the User.
    3. TEMPEST reserves the right to discontinue the operation of the Game or individual Game Worlds at any time without having to give the grounds for such. TEMPEST will provide appropriate prior notice of the discontinuation of the Game or the Game World operation.
  3. Accepting a Game User Contract and registering for a fee game.
    1. Membership commences upon accepting a Game User Contract and upon opening a Game Account for the Game on the Game’s website. When completing the registration form, the User makes a binding offer to accept a Game User Contract for an indefinite period.
    2. The User must register personally. Registration by third parties is not permitted. TEMPEST will confirm receipt of the application for a Game User Contract for an indefinite period by sending an email to the email address stated upon registration. This confirmation message will contain an activation link which the User must click to activate the game account.
    3. By activating the game account, TEMPEST also accepts the application for a Game User Contract.
  4. Names and Accounts.
    1. As the User, you will choose a player name as an alias to participate in the Game ("Login Name"). You are not entitled to be allocated a specific Login Name. TEMPEST is entitled to change or delete the Login Name for technical, ethical or legal reasons without requiring approval from the User.
    2. As a user, you will receive a User Account ("Account") together with your License Agreement. Using this Account, you can change your credentials, information, and game settings.
    3. You may establish a User Account only if:
      1. You are a “natural person” and an adult in your country of residence. Corporations, Limited Liability Companies, Partnerships and other legal or business entities may not establish a User Account.
      2. You are not an individual specifically prohibited by TEMPEST from using the Service. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements.
    4. If at any time TEMPEST becomes aware that you have registered a User Account without meeting the foregoing requirements, TEMPEST reserves the right to suspend, terminate and/or delete the User Account.
    5. As User, you undertake responsibility for keeping secret any login data and password ("Login Details") for your Account and to inform us without any delay as soon as you become aware or suspect that unauthorized third parties gained knowledge of your Login Details. In such a case, you will change your data or have it changed by us. We also reserve the right to block your access temporarily. You will be permitted to use the Game again as soon as we have eliminated the threat of compromising or abusing your Login Details.
    6. If we suspect that a third party has become aware of the Login Details, we are entitled, but not obliged, to change the Login Details or block the account without prior notice. We will notify you accordingly without any delay and, on request, provide you with new Login Details within a reasonable deadline. Further claims by you as a result of the temporary blocking of your Account or change to your Login Details are excluded.
    7. All inactive accounts are deleted after a predefined period of time. In this case, the Licensing Agreement ends automatically.
    8. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your User Account, and you further acknowledge and agree that all rights in and to the User Account are and shall forever be owned by and inure to the benefit of TEMPEST. TEMPEST does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.
  5. Obligations of the User.
    1. The User agrees to comply with the laws and regulations applicable to him/her when using the Game and websites operated by TEMPEST. The User agrees to comply with all applicable game rules. Furthermore, the User agrees to refrain from the following actions:
      1. Using statements with abusive, harassing or violent content or with the content glorifying violence or with inflammatory, sexist, obscene, pornographic, racist, morally reprehensible content or with other offensive or prohibited content (which includes all names within the game e.g. login name, name of the town, etc.).
      2. Insulting, harassing, threatening, frightening, or embarrassing other users.
      3. Using statements with advertising, religious or political content (which includes all names within the game e.g. login name, name of the town, etc.).
      4. Collecting, disclosing, or using any personal or confidential information of other users and employees of TEMPEST or any other disregard to the privacy of other users or employees of TEMPEST.
      5. Using or spreading untruthful allegations about the race, religion, sex, sexual orientation, origin, social status of other users or employees of TEMPEST (which includes all names within the game e.g. login name, name of the town, etc.).
      6. Collecting, disclosing, or using confidential information of TEMPEST.
      7. Using untruthful allegations about TEMPEST (which includes all names within the game e.g. login name, the name of the town, etc.).
      8. Pretending to be an employee of TEMPEST or an affiliated company or partner of TEMPEST.
      9. Use of legally protected pictures, photos, graphics, videos, music tracks, sounds, texts, brand names, titles, names, software or other content without the consent of the holder(s) of the rights or having permission to do so by law or legal provision.
      10. Use of prohibited or illegal content.
      11. Exploiting or using programming errors (bugs).
      12. Trying to overload the servers and/or affect the game play for other users.
      13. Hacking or any encouragement or incitement to carry on hacking.
      14. Using of pirated software and any encouragement or incitement to use pirated software.
      15. Uploading files containing viruses, Trojan horses, worms or other malicious and malevolent data and entities.
      16. Using "automation" or "macro" software programs as well as using any "cheating utility" software programs.
      17. Modifying or trying to modify the Game or any part of it.
      18. Using software for "data mining" or any other manner intercepting or gathering information related to the Game.
      19. Disrupting transmissions from and to the Game servers or trying to infiltrate to the Game servers.
      20. Using the Game for any commercial gain or profit.
  6. Game Defects.
    1. TEMPEST provides use of the Game and the websites of the Game to the User in the version existing at the respective point in time. In the event of defects in the game or in the websites of the Game, the User is not entitled to request that a certain state and/or functional scope of the Game be retained or established.
    2. To provide the best game experience and as a contribution to the correct operation of the Game, the User is advised to document any discovered errors, bugs, or defects in the Game and report the to the Game’s tech support team.
    3. TEMPEST shall not assume any guarantees in the legal sense, unless expressly otherwise agreed in writing.
  7. Liability of TEMPEST.
    1. The Service is provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. TEMPEST does not warrant that you will be able to access or use the service at the times or locations of your choice; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the Game is free of viruses or other harmful components.
    2. TEMPEST is not responsible for any damages arising out of your use of the Service or your inability to use the Service. In no case shall TEMPEST be liable for any special, incidental, indirect, punitive or consequential damages arising from your use of the Service and the Game.
    3. You acknowledge and agree that your sole and exclusive solution for any dispute with TEMPEST is to stop using the Service and to cancel all accounts registered to you.
  8. Contract Duration and Termination.
    1. Provided nothing to the contrary is agreed in our actual offer, the Licensing Agreement between you and us are concluded for an indefinite period of time.
    2. A User can delete his/her Account any time from within the Game. There is a wait period of 24 hours before the Account is deleted. The User can cancel deletion of the Account at any time before this wait period is elapsed.
    3. TEMPEST may suspend, terminate, modify, or delete accounts at any time for any reason or for no reason, with or without notice to you. Accounts terminated by TEMPEST for any type of abuse, including a violation of these Terms will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms.
  9. Data Protection and Advertising.
    1. TEMPEST shall handle all personal data which the user submits during the contractual relations strictly confidentially and in compliance with all relevant data protection regulations.
    2. For technical reasons, participation in the Game and the game-related services is not possible without saving user data. The User agrees that this data will be electronically saved and processed for creating his/her Account or for using game-related services.
    3. Should a user request the deletion of all his/her data, this shall automatically result in the deletion of the Game Accounts he/she has created in the Game and the cancellation of the Game User Contract.
    4. The User shall be aware that the websites and the Game operated by TEMPEST may be partially financed by advertisements. The user shall be given the opportunity in all advertising messages sent by TEMPEST to refuse to accept further information and to dispatch an appropriate revocation.
    5. In all other respects, the Game Privacy Policy applies.
  10. Final Provisions.
    1. These Terms and all contracts accepted on the basis of these Terms shall be subject to the laws of New Zealand. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of legal provisions of New Zealand private international laws are excluded.
    2. If the User has his place of residence or habitual place of abode outside New Zealand, the registered office of TEMPEST shall be the place of jurisdiction. This also applies if the User's place of residence or habitual place of abode is unknown at the time such a legal action is instigated.
    3. Should provisions of these Terms be invalid, this shall not affect the validity of the remaining provisions.
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