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Terms and conditions

SchoolWars is a browser game by Todec Media (Address at the bottom). Todec Media as developer and operator is hereinafter named "service provider". The employees are hereinafter named "support". Operator and employees together are named as "Administration". All services provided by the game are provided exclusively on the basis of these terms and conditions.


  1. Membership:

    1. Playing is free.

    2. The acquisition of non-free extras (premium features) is optional for the player.

    3. Only consumers are allowed to register, who have full age in their country at the time of registration. Minors are only entitled to register if they have the consent of a legal guardian before registering. By registering the player assures expressly that he is full age or if minor that he has the accordance of a legal representative.


  2. Rules:

    1. The rules govern basic things that should allow a fair game play. They are mandatory for all players without exceptions.


  3. Property:

    1. All accounts, assets and everything else in the game remains for the entire time in the possession of the service provider.


  4. Game choices:

    1. The administration works as the highest court and does not achieve accountability. Each player agrees to the discretion of the administration and always sees it as a neutral and quasi-judicial, decisive game instance.

    2. The administration reserves the right to exclude participants from the game without justification.

    3. The false impersonate as employee of the administration will be punished.


  5. Operation of the service / Bugs:

    1. The service provider provides the game to the player in the most recent version, which was released by him to the public and is available. The player has no right to maintain or achieve a certain state (version) and / or functional scope of the service.

    2. The player is fully aware that the proposed service is a type of software. He is still aware that software can never be completely accurate. The software can so only count as insufficient if the playability is affected serverely and permanently.

    3. The service provider reserves the right to switch off temporarily or permanently to maintain the service at any time without a deadline. Should there be problems the service provider reserves the right of using a backup. Normally the latest backup will be used, but the choice lies with the service provider. For the fee-based services applies the section "chargeable extras / premium features" of the terms and conditions.

    4. The service provider is not bound to the player at all free services. It is is possible that services change, suspend or will only be offered with costs. In this case the player will be informed.

    5. Should it come to any defects occurring in the game or other services or supplies of the service provider the player documents this meaningful and reports it as soon as possible. The player will support the service in any possible remedial measures where feasible.

    6. Defects in products, whether virtual goods, must be notified within four (4) weeks after receipt of the goods by the service provider. For period keeping the punctual sending off. After the deadline expired without submission of the claim the assertion of the claim is excluded. The player is advised to send all complaints in writing to the service provider.

    7. Errors and defects that are reasoned by external influences (e.g. force majeure) or by the player are generally excluded from any defect claims.

    8. The administration reserves the right to exclude users of proxy servers and player accounts that have no typical IP address.

    9. The service provider assumes no guarantees in the legal sense, unless expressly agreed otherwise in writing.

    10. The service provider reserves the right to authorize professional staff, volunteers or authorized third parties for necessary services, tasks and activities.

    11. No information or advice that may be mediated by the administration or volunteers are considered absolute hundred per cent of information.


  6. Responsibility of the player:

    1. The player has the responsibility of all its data and passwords and is solely responsible for all actions that are done with that account. Each player agrees with the declaration that he has the full liability and responsibility for all acts of his account for any kind of abuse.

    2. The use of the account by a third party, whether intentionally or unintentionally, knowingly or unknowingly, is prevented by the player. In order to perform that duty, the player is given the opportunity to change their password and e-mail address at any time himself.

    3. The administration will never ask the player for his password. Should a player receive such a call so he can assume that it has no official character and must not follow it in any case.

    4. The player should only use the official doorway page to the site of the service. The use of all other entry pages is at your own risk. The opening of additional doorway pages is not allowed.

    5. The administration will, unless otherwise agreed with the player to directly communicate normally with the player via e-mail or in the game. The player has to ensure that e-mails from the administration reach him at the e-mail address he specified during registration or subsequently submitted (changed) e-mail address. The player will, if necessary, adjust its spam filter, regularly check his e-mail account and if its e-mail address change he will submit the change also in the game at the "setup". The administration reserves the right of the free choice for any other written form of the correspondence.


  7. Account bans and penalties:

    1. The player has the right, if his account is blocked or it is otherwise being penalized in the game, to contact the administration. He can do this with the opportunities that are made available to him. Depending on the situation he can use the support system in the game. If none of these options is available to him he can write an e-mail to the administration.

    2. Prompting other players to exert pressure on the administration for some reason (e.g. to change a sentence), is not allowed.


  8. Account deletion:

    1. The administration has the right to delete or reset player accounts, also without justification. This usually happens because of rule infringements or inactivity.

    2. Premium accounts with balances are not deleted for no reason. If there is a breach of the rules or terms, then the section "Chargeable extras / Premium features" of the terms and conditions applies.



  9. Privacy:

    1. For technical reasons, participation in the service requires the storage of data. The player agrees to this electronic data storage and processing of data by registration and use.

    2. The service provider will handle all personal data, that is transmitted by the player over time, strictly confidential and in compliance with applicable German privacy laws.

    3. If a player wants the complete deletion of his data, his account will be deleted.

    4. Player is fully aware that the service must be funded. The service provider has the right to put advertise in the game or occasionally send by e-mail or in-game message. The data of the players will in no case be sold to third parties in the process. If the players responds to an advertisement ("click" on it) he comes to a external page. The service provider has no control over this site, its contents and its handling of data.

    5. More information about what data is stored where and why can be found under "Privacy" (link below).


  10. Accountability:

    1. The player takes the full responsibility and agrees to indemnify the service provider and the administration of possible claims by third parties, for every content brought by him. The service provider makes the contents of the players explicitly not their own. The player gives the service provider however a sustained, irrevocable, and non exclusive right to use the contents submitted by them.

    2. The service provider does not accept any responsibility for any content in the game brought in by the players. Every person is free to report on possible violations and illegal content to the administration.

    3. The player is responsible for his actions and his statements, regardless of where and to whom. Each player agrees that the administration is allowed to verify informations on suspicions and accusations, and e.g. control their private messages in the game.


  11. Chargeable extras / Premium features:

    1. Chargeable extras, also called premium features, are extensions of the free accounts or one-off actions that can be acquired. The prices and services can be perused in the description and may change. If anything changes the player is informed. There are extras that have a duration (premium account, info package,...) and extras that are unique changes, informations or actions.

    2. To use certain features (premium account, info-packet,...) the service provider is entitled to charge service charges in advance. The fees are due with the appointment of a fee-based feature by the player.

    3. The player has no right that the service provider offers or sustains certain methods of payment. The respective charges shall be collected, charged or transferred according to the choice of the player.

    4. The emergence of service by a player representing behavior chargebacks or cancellations, he shall pay the costs thereof incurred for the service. The Service Provider shall be entitled in this case to require these costs, together with the original fees, from players. In addition, the service provider has the right to an administrative fee of EUR 10, -. The player has the right to prove that no damage has occurred or that is considerably lower.

    5. The service provider has the right to provide player data that is responsible for processing payment to external service providers, if they are responsible for the collection of the fee. The service provider will inform the player about the names of third parties.

    6. In case of default, the service provider is entitled to terminate the services and block the account of the player immediately. The payment obligation of the player for the agreed remuneration remains unaffected.

    7. A refund because of inactivity, account changes or account suspension/deletion reasoned by violation of the rules or terms and conditions is excluded.

    8. The service provider reserves the right that unused Credits will expire after two years of purchase.

    9. The right of the service provider to change its services or offer them only for charge ( "Operation of the service") is preserved for fee-based extras. The service provider has the right to offer its premium offerings also for free. The service provider however ensures that players of paid and non-single premium features have advantages also after possible amendments over a free account. Therefore the service provider can extend the existing functionality, improve or add new ones. In this case the player is free to terminate immediately or not further extend the extra. He has the right to the pro rata refund of amount paid. Further claims of the player is excluded.

    10. The duration of a non-single premium feature starts with the activation by the player himself and ends after the specified duration in calendar form. A free extension of the duration due to factors that lie on the side of the player (illness, vacation, penalties for violations of the rules or terms of use, etc.) is not possible. A free extension of the duration due to factors that lie on the part of the service provider (system failure, necessary backups, etc.), but were not intentionally brought about by the service provider, will be sought from the service provider for long outages, but not guaranteed. The player has no right to it.

    11. Premium accounts and fee-based services are specified for the respective game server that is specified in the acquisition or on which the player makes the order or action. A transfer to other game servers or accounts may be requested at the service provider in exceptional cases or for account deletion. The player, however, has no claim to it.

    12. Participation in the game without the storage of player data is not possible for technical reasons. Does a players want a complete deletion of his data this leads to the deletion of his account. A claim for the refund of fees paid in this case shall not unless agreed otherwise in these conditions. This does not apply if the service provider is responsible for the early termination or the reasons for the deletion.

    13. The player may set off claims against the service provider only with undisputed or validly determined counterclaims. The player can exercise a right of retention only if his counterclaim is based on the same contract. The assignment of claims of the player against the service provider to third parties is excluded.

    14. If the service provider makes use of its right to discontinue game operation and if the player has residual paid Credits or an actively ongoing premium feature that goes beyond the term of the gaming operation, the player has the right to get his refundable prepaid fees back or, if possible, be credited to a different game server. A refund or Credits of this kind is possible only for the portion of the fee which was not consumed by that date or for ongoing premium features pro rata basis. This does not apply if the player could have been known prior to his buy, e.g. because it was told him, that a round ends or until the operation is terminated and he therefore had the opportunity to buy correspondingly fewer Credits to be divided or otherwise. Further claims of the player is excluded.


  12. Withdrawal:

    1. The player has the option to retire his assent to the terms and rules, which took place by conclusive action (create a game account) without giving any reason and at any time. Linked to this is its right to be able to delete his account itself at any time. Alternatively the player can send his decision to withdraw by mail.

    2. For chargeable extras / premium features, the player has to make its statement or the approval of the contract (purchase) within four (4) weeks in writing and without giving any reasons (postal or e-mail). The service recommends that due to the provability, send the revocation by registered mail. The period starts from the receipt of this notice. In order to safeguard the withdrawal period it is sufficient to send the revocation in time.

    3. For any withdrawal the e-mail address and screen name ("Student Name") of the affected accounts must be disclosed. In a revocation via e-mail the player name has to stand in the subject line and the e-mail must be sent from the e-mail address that was registered to the affected account.

    4. Returns: In the event of a operative cancellation the mutually received benefits are returned. This means that already paid charges won't be repaid in full if the player already had use of them before the withdrawal.

    5. Exclusion of withdrawal: The right of withdrawal expires prematurely if the contract was fully performed by both sides at the express request of the player before he exercised his right of cancellation. That case is presumed if the player himself has taken the performance advantage.

    6. The revocation must be sent to:
      Todec Media
      Lessingstr. 5
      74928 Hüffenhardt
      Germany
      E-mail:

      -- End of the revocation instruction --



  13. Amend the terms and conditions or rules:

    1. The administration reserves the right to change or supplement the terms and conditions and rules of the game at any time. If a player does not agree to the new terms and conditions or rules he can withdraw consent at any time by deleting his account. The player will become informed about changes to the rules or terms of use.

    2. If the player does not contradict within one (1) month after notification of the new terms and conditions or rules to the service provider or continue to use the service, the amended or extended terms are effective against him. In a timely appeal both parties have the right to contract with a term of one month's notice, if the player does not have a right of possible termination at any time. Until the termination of the contract the original terms still apply.


  14. Final Provisions:

    1. It is the law of the Federal Republic of Germany. The application of the CISG on the sale of goods and the conflict of laws provisions of German international private law is excluded. Jurisdiction for all disputes arising from these contracts is, if permitted, the seat of the service provider. If the player is domiciled or habitually resident outside the Federal Republic of Germany or his domicile or habitual residence is unknown at the time of the complaint the seat of the service provider is jurisdiction.

    2. Changes, additions or cancellations of the terms require written form.

    3. If certain provisions of the rules or terms and conditions should be or become totally or partly ineffective or should they contain a loophole, the validity of the remaining provisions or parts of such provisions persist. Instead of the invalid or missing terms the respective legal regulations of the Federal Republic of Germany come into effect.




2009, September 25

Todec Media
Lessingstr. 5
74928 Hüffenhardt
Germany

Owner: Tobias Eckert


Links:
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