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RedMoon Studios GmbH & Co. KG
Dieselstr. 16
86368 Gersthofen
Germany
Amtsgericht Augsburg, HRA 15577
Complementary: RedMoon Studios Verwaltungs-GmbH
Dieselstr. 16
86368 Gersthofen
Germany
Amtsgericht Augsburg, HRB 21868
VAT ID No.: DE249144200
Tel.: +49 (821) 4559800-0 (No support!)
Fax: +49 (821) 4559800-14
Internet: www.redmoonstudios.de
Contact: info@redmoonstudios.de
CEOs:
Stefan Faller
Terms
of Service
1. Preliminary
Notes
1.1. The following provisions refer to the
internet portal RMS Products and are binding for
the users of RMS Products. By using any services
provided by RMS Products, the User is declaring
that he/she has read and agrees to abide by
the Terms of Service. Registration for RMS Products
is not possible unless the User has expressly agreed
to adhere
to the Rules and Terms of Service.
1.2. These provisions regulate the use of
the services provided by RMS Products and are intended
to assure the highest standard of quality and prevent
misuse. These provisions are the basis for the sale
and procurement of
goods and services through the RMS Products internet
portal.
1.3. The RMS Products internet portal is
open to Users worldwide.
1.4. If the use of certain services (i.e.
forum, RMS Products) requires registration (username
and password), registration for these services establishes
a contract between the User and RMS Products. This
contract does not expire and can be negated by the
User at any time. The use of these services by or
for a third party or multiple registrations by any
individual are expressly forbidden.
2.
Services and Content of RMS Products (subsequently
referred to as "services")
2.1. RMS Products is an internet game portal.
2.2. Upon registering for RMS Products,
the User is entitled to access RMS Products on
any server for which the registration has been
completed.
2.3. RMS Products offers a collection of
links leading to the sales platforms of third
party companies in the internet.
If RMS Products Users choose to use or purchase
any of these third party goods and/or services,
the Terms of
Service of the parties involved apply. RMS Products
merely provides access to the sales platform of
these third
parties and is not involved in any sales.
2.4. RMS Products may hold contests for
the Users. Users are not guaranteed to win and
all employees of RMS Products and their relatives
are excluded from these contests. Prizes will
not be paid out in cash. We want to
expressly state that the use of RMS Products services
or those of RMS Products partners has absolutely
no
influence on the chance of winning.
3.
Obligations of the Users
3.1. The Users are bound to use RMS Products
in a lawful manner.
3.2. The User warrants that all information
provided during registration is correct and current.
RMS Products will be immediately informed of any
changes made to this information after registration.
If the User does not do so, he/she is wholly responsible
for any resulting damages or disadvantages.
3.3. The User warrants that the username
and password will be carefully chosen and not
given to any third parties.
If the user does not fulfill this obligation either
willfully or through carelessness, he/she is responsible
for any and all damages arising from the misuse
of the password by third parties.
3.4. The User agrees to refrain from posting
or making available any illegal or copyrighted
material while using any portion of the RMS Products
portal (forum, chat, in-game description). Expressly
forbidden is the distribution or publication of
racist or extremist materials, child pornography
or any material that could endanger the welfare
or
wellbeing of children. The administration reserves
the right to remove content from the forum or
character and clan descriptions if the material
is illegal, obscene, extremist, in bad taste or
hinders the normal flow of communication
in the medium involved.
3.5. If RMS Products becomes aware of or
is informed by third parties of illegal activities
on the part of a User(s),
RMS Products will provide the proper authorities
with any and all personal information about the
User(s) required
by law. RMS Products will cooperate with any investigation
of the legality of this transfer of User information.
3.6. The User agrees to transfer the rights
to any material posted or copied into the RMS
Products website (forum, descriptions, chat etc.)
to RMS Products and therefore warrants that he/she
posses sole ownership of all material posted.
The User agrees to indemnify RMS Products from
any and all damage claims arising from noncompliance
on
the part of the user that results in copyright
or ownership violations. RMS Products reserves
the right to edit or
remove any content posted by Users without stating
the reason for the removal.
3.7. The User indemnifies RMS Products
from any and all damage claims made against RMS
Products arising from
the actions of the User or any third party acting
on behalf of the user.
4.
Liability
4.1. RMS Products cannot guarantee the
100% availability or operation of the services
provided. RMS Products is
not liable for any damages arising from the non-availability
of any services, no matter what legal grounds
the damage claim are based upon.
4.2. RMS Products only claims responsibility
for the posting or publication of illegal or copyrighted
materials in-game
or in the forum or chat if RMS Products was aware
of or informed about the material and undertook
no action to
prevent its dissemination although it was technically
and financially possible to prevent the further
use of the material.
4.3. RMS Products assumes no liability
for the correctness, legality, completeness or
recoverability of any offers made by third parties.
In addition, RMS Products assumes no liability
for the completeness and correctness of any content
that has been placed on the RMS Products site
by third parties.
4.4. RMS Products is not responsible for
third party content for which RMS Products merely
acts as a conduit. However, RMS Products may be
legally responsible for blocking the dissemination
of illegal or copyrighted material
when the distribution of the material is in violation
of applicable laws.
5.
Data Protection
5.1. The User agrees that all information
entered into RMS Products pages by him/her may
be recorded and further processed if these actions
are necessary to maintain the Terms of Service.
5.2. RMS Products treats all User data
confidentially and with the consent of the User.
Any use of the personal data
of the User above and beyond what is described
here will only take place after the User has expressly
granted permission to do so.
5.3. Recorded data will only be archived
as long as is necessary under the framework of
the Terms of Service and
the time period of the archiving will correspond
to any applicable laws.
5.4. The User has thus been fully informed
of the nature, extent, place and purpose of the
collection, use and processing of the personal
data necessary to carry out the Services provided.
The User expressly agrees with and fully accepts
this data collection and processing.
6.
Regulations for the Operation of the Game
6.1. All content and Services offered by
RMS Products fall under the game rules (see above),
which the User has agreed to follow.
7.
Final Clause
7.1. The content and Services offered by
RMS Products are protected under copyright law.
The User may download and print out this content
on his/her privately used computer. The User is
not permitted to copy, sell, publish or distribute
the content found on RMS Products.
7.2. RMS Products reserves the right to
change or supplement the Terms of Service. The
User agrees to regularly examine the Game Rules
and Terms of Service for any changes. By using
the Services provided the User automatically agrees
to comply with the applicable form of the Game
Rules and the Terms of Service.
7.3. The Terms of Service and the relationship
between you and RMS Products shall be governed
by the laws of the Federal Republic of Germany.
7.4. All parties involved agree to submit
to the personal and exclusive jurisdiction of
the courts located in Neuburg on
the Danube, Germany.
7.5. Any dispute arising from the use of
the Services provided by RMS Products or in connection
with the Terms of Service are to be settled exclusively
by the courts in Neuburg on the Danube, Germany,
provided that the User is a merchant, does not
have a permanent residence in Germany, has moved
outside of Germany after accepting the Terms of
Service or if the residency of the User was unknown
as the conflict arose.
7.6. If any of the conditions stated in
the Terms of Service are invalid or become invalid,
all of the other conditions still fully apply.
8.
Disclaimer
A May 12th, 1998 judgement by the District Court
of Hamburg, Germany determined that placement
of a link to another web page by the operator
of a website makes him/her responsible for any
illegal or forbidden content shown on the external
page. Website operators can exempt themselves
by expressly stating that they are not in any
way associated with or responsible for the external
content. Under certain circumstances we also show
or provide links to external sites on our webpages.
For ALL of these links the following applies:
We hereby expressly state that we have no influence
on the form or content of the linked webpages.
We thus expressly distance ourselves from all
content of any and all links to external sites
found throughout RMS Products.
This declaration applies to all links to external
sites found on RMS Products pages and for all
content found on the
pages with which the advertising banners are linked.
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