1 Subject and Area of Validity
1.1 The following general terms and conditions regulate the use of online and mobile games and other services provided by DOG Productions Ltd. (hereinafter referred to as "Twin Harbour Interactive"), on Twin Harbour Interactive' websites, software platforms and in app stores.
1.2 Twin Harbour Interactive offers online and mobile games and other services within the context of its technical and operational capabilities, with an average annual availability of over 90% (ninety percent). This does not include periods of time during which the use of online and mobile games and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Twin Harbour Interactive is not liable for these instances in accordance with the conditions of this contract. This also does not include periods of time in which Twin Harbour Interactive' general servers or the servers of certain games do not allow online access due to reasons beyond Twin Harbour Interactive' control (force majeure, third party responsibility, etc.).
1.3 Twin Harbour Interactive continuously updates, changes, and develops its online and mobile games and other services at its own discretion. Users can therefore only participate in the respective online game, mobile game, or other offer in its respective form provided at any given time. Twin Harbour Interactive retains the right to cease operating an online or mobile game or remove a specific service without explanation.
1.4 Online and mobile games and other services offered by Twin Harbour Interactive are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited.
1.5 Users are responsible for ensuring that their own software and hardware is suitable and up-to-date.
1.6 In addition to these general terms and conditions, any existing rules of the respective online or mobile game shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence when settling the instance of contradiction. In addition, specific terms and conditions shall also apply to certain online or mobile games, specific versions and/or components of online or mobile games, and individual services offered on Twin Harbour Interactive' websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to use of the respective offer.
1.7 Users have the opportunity to use the services of Twin Harbour Interactive' contractual partners for various online and mobile games and other services. In these cases, a separate contract between the user and the respective contractual partner of Twin Harbour Interactive shall be concluded. Users will be informed of this in an appropriate manner prior to concluding the contract.
1.8 Other provisions or general terms and conditions of a user, which deviate from Twin Harbour Interactive' general terms and conditions, shall only apply if Twin Harbour Interactive gives prior written consent to their validity.
2 Conclusion of Contract
2.1 In order to use the online and mobile games and other services provided by Twin Harbour Interactive, users must register for and, if needed, install the app or software in question.
2.2 Only natural persons are eligible for registration. Only individual persons are permitted to be authorized users (no groups, families, spouses or life partners, etc.).
2.3 Children under 16 years of age are not permitted to register.
2.4 Users are not permitted to download mobile games via the Apple App Store if they are:
• located in a country that is subject to an embargo by the US government or in a country that the US government classifies as supportive of terrorism.
• on the US government's list of prohibited or restricted parties.
2.5 Users must enter a player name and generally an email address registered to the user in order to register for the online games; the mobile games require a player name. Users have no claim to a particular player name. The selected player name may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a player name. Users must ensure that the information provided to Twin Harbour Interactive during registration is genuine and complete.
2.6 Certain games also allow registration using Facebook login credentials. The data required for registration shall be taken from the user's Facebook account for this purpose.
2.7 Users must register for their accounts themselves. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.
2.8 After successful registration, the user creates an account ("user account") which the user can manage independently. The user account cannot be transferred without the explicit consent of Twin Harbour Interactive.
2.9 Users have no right to claim registration or activation.
3 General User Obligations
3.1 User data
3.1.1 Users agree to immediately provide Twin Harbour Interactive with any future changes to data entered upon registration, in particular any change to the email address. Users are obliged to confirm for Twin Harbour Interactive the accuracy of their data upon request.
3.2 Login data, identification, passwords
3.2.1 Users are required to maintain strict confidentiality regarding all login data, identification, and passwords.
3.2.2 The terms "login data", "identification", and "passwords" include all letter and/or character and/or number sequences used to authenticate the user and prevent unauthorized use by third parties. The password should not be identical to the player name, and it should consist of a combination of numbers and letters.
3.2.3 Users are required to protect access to the application, all login data, identification, and passwords from third-party access.
3.2.4 In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Twin Harbour Interactive immediately and change their data or have it changed by Twin Harbour Interactive. In this case or in the event that Twin Harbour Interactive has concrete evidence of misuse of data, Twin Harbour Interactive has the right to temporarily block access to the user's account. If there is evidence of misuse of data, Twin Harbour Interactive shall inform the user.
3.2.5 Users are under no circumstances entitled to use the login data of another user, unless the rules of the respective online or mobile game or other service allow for exceptions.
3.2.6 It is the responsibility of the User to ensure that no minor has access to the User’s application, account, password and data.
3.3 Use of Twin Harbour Interactive' websites and website content
3.3.1 Twin Harbour Interactive' websites and mobile games include various content that is protected by trademarks, copyrights, or other means for the benefit of Twin Harbour Interactive or third parties. Unless explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes any of Twin Harbour Interactive websites, mobile games, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed.
3.3.2 The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by Twin Harbour Interactive. The term "content" also includes, in particular, all services available for download.
3.3.3 Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Twin Harbour Interactive' websites, any individual services and/or offers there, or its online and mobile games. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users' use of Twin Harbour Interactive' websites and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
3.3.4 Any use of Twin Harbour Interactive' websites or mobile games for commercial purposes, especially advertising purposes, requires the express prior written consent of Twin Harbour Interactive.
3.3.5 Users are not entitled to publish content on Twin Harbour Interactive' websites, online games, mobile games, or other services.
3.3.6 Twin Harbour Interactive' websites may not be used via an anonymization service or virtual private networking service (VPN) that hides the user's true IP address.
3.4 Use of client software
3.4.1 In the case of offers which require the prior installation of a client software, Twin Harbour Interactive grants the user an unrestricted, non-exclusive, non-transferable, personal, and time-limited in terms of the user agreement right to install the client software and use it for the agreed purposes according to these general terms and conditions and the rules of the respective game. The software may not be used for commercial purposes in any manner. Modifications to the client software and a back-translation of the relinquished programming code into other code forms (decompilation) and other types of reverse engineering of the software's various production levels are prohibited if these are not required for establishing interoperability. Twin Harbour Interactive is liable for damages to the user in accordance with the statutory liability provisions.
4 Specific Terms for the Use of Online and Mobile Games
4.1 The user may only take part in every round (e.g. World, Universe, etc.) of an online game or mobile game using one user account, unless the respective rules of the game allow for exceptions from this. The simultaneous use of several user accounts by one user is not permitted. Multi-user-accounts such as these may be deleted or banned at the discretion of Twin Harbour Interactive.
4.1.1 When a user creates an account with Twin Harbour Interactive, he is required to select a unique username and password (collectively, the "Login Credentials"), which he will use each time he logs in. No user is allowed to share his account ("account-sharing") or Login Credentials with another person. No user is allowed to sell, transfer or allow any other person to access his account or Login Credentials ("account-sitting"), or offer to do so. The user is entirely responsible for maintaining the confidentiality of his Login Credentials.
4.2 Users are prohibited from enacting any form of manipulative interference in online or mobile games. In particular, users are not entitled to utilize measures, mechanisms, or software that could interfere with the function or progress of the game. Users may not take measures that may cause an unreasonable or excessive burden on technical capacity. Users are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
4.3 Under no circumstances may users:
a) Create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,
b) Use software that allows the mining of data or otherwise intercepts or collects information in connection to the online and mobile games,
c) Use virtual items that are being used in online or mobile games outside of the online or mobile games, purchase virtual items for "real" money, or sell or swap virtual items,
d) Sell, buy, or trade user accounts (colloquially known as "account sitting" or "account-sharing"). This includes all circumvention, similar actions, or actions that produce an effect that matches the aforementioned bans.
4.4 Users are also prohibited from running the online game (including all individual web pages) with programs other than the internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they concern automated procedures.
4.5 It is prohibited to apply measures that hide advertisements. It is of no significance whether advertising is deliberately hidden or cannot be displayed in general e.g. by so-called pop-up blockers, text-based browsers, or similar.
4.6 The automated creation of user accounts, regardless of whether the home page is displayed or not, is not permitted.
4.7 Twin Harbour Interactive or contractors authorized by Twin Harbour Interactive hold all and exclusive rights to items used and virtual items provided in online or mobile games. Users will only receive a non-exclusive right of use to the virtual items for the duration of the user agreement.
5 Specific conditions for the use of communication facilities (particularly discussion forums, chats, comments)
5.1 Twin Harbour Interactive may provide users with different communication facilities for self-created entries and posts on Twin Harbour Interactive' websites, in the game, and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilization of their comment functions, altogether known as the "communication facilities"), which the user may use when available. In this regard, Twin Harbour Interactive only provides users with the technical environment for an exchange of information. However, users do not have the right to claim communication features.
5.2 Users take full responsibility for the content and entries they post. Users agree to release Twin Harbour Interactive from any legitimate claims from third parties arising from a culpable violation of the users' obligations. Twin Harbour Interactive explicitly does not claim content entered by users as its own. However, users shall grant Twin Harbour Interactive the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
5.3 Within the context of these communication facilities, users are prohibited from publishing or distributing content on Twin Harbour Interactive' websites that:
a) Violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
b) Violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
c) Is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
d) Is of an abusive, harassing, or defamatory nature;
e) Includes chain letters or pyramid schemes;
f) Falsely suggests that it is provided or supported by Twin Harbour Interactive;
g) Contains personal data of third parties without their explicit consent;
h) Is commercial, and in particular promotional, in nature.
5.4 The inclusion of websites or names of companies and products is only permitted if this is not primarily for advertising purposes.
5.5 All users of these communication facilities are required to use acceptable words. Abusive criticism or derogatory attacks shall be avoided.
5.6 Notwithstanding any other rights under these general terms and conditions, Twin Harbour Interactive has the right to fully or partially remove content and entries that violate the rules of these general terms and conditions. Twin Harbour Interactive also has the right to exclude users who violate these rules, in whole or temporarily, from further use of Twin Harbour Interactive' online and mobile games, websites, and other services.
6 Consequences of a Breach of Duty
6.1 Twin Harbour Interactive is not liable for damages resulting from a user's breach of duty.
6.2 Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Twin Harbour Interactive to take the following actions against any user who culpably breaches statutory law, third party rights, these general terms and conditions, or any respective additional regulations and game rules:
a) remove content
b) issue a warning to the user
c) temporarily or permanently block a user from specific or all online and mobile games and content of Twin Harbour Interactive' websites
d) suspend a user, also from certain game functions (e.g. chat)
e) issue a temporary or permanent virtual ban from the game in cases of a violation of item 6 of these general terms and conditions, or
f) immediately terminate the contract.
6.3 If users have been blocked or excluded, they may not log in again to a service provided by Twin Harbour Interactive without the prior consent of Twin Harbour Interactive.
7 Usage fees
7.1 Users can play the online and mobile games offered essentially free of charge. However, the user can pay money to purchase virtual currency (e.g. gold, jewels, or the like, also called the "premium currency"), certain virtual features, and other services (together with the "purchasable features") within the context of the online games and mobile games. The price for the desired virtual currency appears in euros, US dollars, or in another currency applicable to the user's region. The user can purchase services, advantages or virtual items in the online or mobile game with the premium currency purchased. These purchases are non-transferable and cannot be carried over to other games. Any type of virtual currency, as well as any form of associated services, advantages and virtual items are non-refundable.
7.2 Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available in the online or mobile game.
7.3 Users can submit their offers to purchase the available features by selecting the desired item and desired payment method offered in the respective online game or mobile game, clicking on the “Buy” button, and thus concluding the order process.
7.4 The payment options vary according to the online or mobile game, the participant's country, and the technically feasible payment options available in the market. Twin Harbour Interactive reserves the right to amend their payment options.
7.5 The money is collected via the service provider commissioned by the user for the respective payment process or via a transfer made by the user. For mobile games, money is collected via the respective app store. In individual cases, the general terms and conditions included by the authorized service provider may be applicable in addition to the general terms and conditions of Twin Harbour Interactive.
7.6 After completion of the payment process or, in the case of a transfer, after the receipt of the money in Twin Harbour Interactive' account, Twin Harbour Interactive shall credit the purchased features to the user's account. The credit simultaneously represents that the user has accepted a contract from Twin Harbour Interactive regarding the purchase of available features, and services.
7.7 In mobile games on the portals of individual business partners and in online and mobile games that have been integrated into social networks, the conclusion of the contract may deviate from the procedure described here. In these cases, users will be informed on the specific procedure for concluding a contract.
7.8 The user acknowledges and agrees that all information provided as part of a payment transaction (in particular bank account, credit card number, etc.) is complete and correct.
7.9 Twin Harbour Interactive retains the right to revise the fees for features available for purchase. This includes Twin Harbour Interactive' right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.
7.10 Statutory interest shall accrue in instances of default. Twin Harbour Interactive is also entitled to block the user account, recover further damages, and terminate services.
7.11 Should Twin Harbour Interactive incur back charges or cancellation fees at the fault of the user (including an inadequate account balance), the user shall bear the costs incurred from this.
7.12 In agreement with Twin Harbour Interactive' Terms of Service, all payments and purchases are deemed to be performed by adults. Minors are not allowed to be Users and as such are not able to enter into purchase agreements with payment providers or online stores.
8 Limitation of liability
8.1 Users are held personally liable for any violation of a third party's rights. Users agree to reimburse Twin Harbour Interactive for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release Twin Harbour Interactive from all eligible claims that other users or third parties may file against Twin Harbour Interactive due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of Twin Harbour Interactive' legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
8.2 The liability of Twin Harbour Interactive, on whatever legal grounds, whether due to contractual misconduct or a breach of duty, is ultimately determined in accordance with the following rules:
8.2.1 If Twin Harbour Interactive provides the respective liability-causing service free of charge, Twin Harbour Interactive is liable only for malice and gross negligence.
8.2.2 In the case of non-gratuitous services, Twin Harbour Interactive' liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, Twin Harbour Interactive will only be liable for a breach of essential contractual obligations such as delay or unavailability which Twin Harbour Interactive is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that Twin Harbour Interactive had to calculate upon conclusion of the contract due to the circumstances prevailing at this time.
"Essential contractual obligations", as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.
8.2.3 Twin Harbour Interactive assumes no liability for interruptions within the network that are not the fault of Twin Harbour Interactive.
8.2.4 Twin Harbour Interactive is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the user.
8.2.5 The aforementioned liability limitations do not apply in cases of explicit guarantees made by Twin Harbour Interactive, in cases of malice, and for damages due to the loss of life, limb, or health. Liability shall remain unaffected under the Product Liability Act.
9 Contract Duration; Deletion of User Accounts
9.1 Unless expressly stated otherwise for the respective online game, mobile game, or other service, the contract for the use of the Twin Harbour Interactive' website, online games, mobile games, and other services runs for an indefinite period. The contract begins upon accreditation or activation of an account by Twin Harbour Interactive.
9.2 The contract may be terminated by either party at any time with immediate effect, provided that a temporary contract period has not been agreed.
9.3 Either party has the right to terminate the contract for good cause without giving a period of notice. "Good cause" constitutes, in particular, if
a) a user has defaulted on payment of the fees, and does not pay despite reminders,
b) a behavior significantly affecting the game experience of other players is being displayed,
c) cheats, mods, and/or "hacks" as well as any other form of software, tools, or scripts that alter the gaming experience or the game mechanism of online or mobile games are being used,
d) third parties make use of a user's account, unless the rules of the game allow for specific exceptions,
e) a user makes use of a third party user account or uses more than one user account per online game, unless the rules of the game allow for specific exceptions,
f) a user uses virtual items being used in online or mobile games outside of the online or mobile games, attempts to buy or sell these virtual items for "real" money, or tries to trade them,
g) a user has sold, bought, or traded a user account, or
h) the user culpably violates laws that serve to protect other players or Twin Harbour Interactive
i) the user deliberately violates these general terms and conditions, additional governing provisions, and/or the rules of the game.
9.4 Termination must always be made in writing. Terminations sent via email are considered to have been made in writing. If no email address of the user is provided, or the email sent by Twin Harbour Interactive is not received by the user the Termination is still considered legally and rightfully binding.
9.5 In the case of extended inactivity, Twin Harbour Interactive is entitled to delete the inactive user account after a prolonged period of user inactivity - under usual conditions several months of inactivity. Moreover, Twin Harbour Interactive is entitled to delete a user account at the end of the contract at its own discretion.
10 Governing Law
10.1 The laws of the Republic of Malta shall apply to this contract and any and all contracts concluded subject to these Terms and Conditions, as well as any claims arising therefrom. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
10.2 The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.
11 Amendments to these general terms and conditions; Miscellaneous
11.1 Twin Harbour Interactive retains the right to modify these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the Supreme Court, (c) because of technical necessity, (d) in order to maintain company operations, (e) in the event of a change in market conditions, (f) for the benefit of the user. No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. The terms and conditions are deemed to have been accepted if the user remains silent for a four-week period or if the user opens the game again after the terms and conditions have been amended.
Therefore, users should review these terms periodically. If users do not agree with any of the revisions, they must stop using any service, website game or item affected by these Terms and Conditions.
11.2 Twin Harbour Interactive can transfer its rights and obligations from this contract to associated companies in accordance with the Laws of Malta.
11.3 Users are only entitled to an offset if their counterclaim has been legally established or has been recognized by Twin Harbour Interactive and is uncontested or has resulted from this synallagmatic legal relationship. Users can only exercise a right of retention provided that it pertains to claims arising from this contract.
11.4 Twin Harbour Interactive generally communicates with the user via email - unless indicated otherwise by these terms and conditions. Users need to ensure that they regularly check the email account specified at registration for messages from Twin Harbour Interactive. When contacting Twin Harbour Interactive, users must indicate which online or mobile game and which user account the message concerns.
11.5 Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.
12 Limited License to Use Twin Harbour Interactive Intellectual Property in Fan Art
12.1 Twin Harbour Interactive appreciates its community creating fan art, fan fiction, and audio-visual works referencing Twin Harbour Interactive titles ("Fan Art"). Users may incorporate content from Twin Harbour Interactive titles into Fan Art. Except as otherwise set forth in this Section or in any Terms and Conditions, Users may use, reproduce, publish, perform, display and distribute Fan Art that incorporates content from Twin Harbour Interactive content, albeit exclusively on a non-commercial basis and under tacit consent of Twin Harbour Interactive.
12.2 This tacit consent may be revoked by Twin Harbour Interactive at any point in time without providing further reason.
12.3 Should a User incorporate third-party content in any Fan Art, the User is obliged to obtain all necessary rights from the owner of said content and Twin Harbour Interactive is not to be held liable in any way.
13 Data Protection
13.1 Twin Harbour Interactive is entitled to store personal data electronically in order to monitor compliance with the game rules, these Terms and Conditions and applicable law. Further, personal data may be collected, processed and used for the purposes of the implementation of the contract, including billing. Also IP addresses and data regarding the time and type of use of the Website, the email address which the User has provided in the registration form and further data which the User has provided in his profile, will be stored.
13.2 Furthermore, Twin Harbour Interactive is entitled to use personal data of Users within the scope of what is permissible by law without further consent of the User, in order to provide the User with product information regarding products of Twin Harbour Interactive, if the User has not objected to such use of his data. The User may object at any time.
13.3 For the complete Twin Harbour Interactive Privacy Policy Users should check the separately published Twin Harbour Interactive Privacy Policy.
14 Content Screening
14.1 Twin Harbour Interactive has no responsibility for the conduct of any User in or outside the Games, including without limitation any User Content submitted in the Games, Website or any other form or place. Twin Harbour Interactive assumes no responsibility for monitoring the Games for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all use of the Games or all User Content. Use of the Games is at Users own risk.
14.2 By using the Games, Users may be exposed to User Content that is offensive or inaccurate. At Twin Harbour Interactive’ discretion, Twin Harbour Interactive may, but do not have any obligation to, engage in monitoring and/or recording of use of the Games, including any communications such as forum posts or chat messages. By accepting these Terms, User provides his irrevocable consent to such monitoring and recording.
14.3 User acknowledges and agrees that he has no expectation of privacy concerning the transmission of any User Content, including without limitation text or voice communications. For the avoidance of any doubt, regardless of whether Twin Harbour Interactive, in its sole discretion, chooses to monitor the Games, Twin Harbour Interactive shall not be responsible for any User Content and assume no obligation to modify or remove any inappropriate User Content.
15 Rights to User Generated Content
15.1 User acknowledges and agrees, and hereby grants to Twin Harbour Interactive a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to use, track, store, index, cache, copy, distribute, broadcast, transmit, publicly display and perform, reproduce, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit: (1) User’s Game scores; (2) User’s Game play sessions; (3) User’s presence in the Games; (4) rankings, statistics, profiles and avatars; (5) any User Content that User may submit; and (6) other Service usage information, in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format.
15.2 User further grants to Twin Harbour Interactive the unconditional, irrevocable right to use and exploit User name, likeness, social media or online handle(s), and any other information or material included in any User Content and in connection with any User Content or User Account, without any obligation to the User. Except as prohibited by law, User waives any rights of attribution and/or any moral rights User may have in User Generated Content, regardless of whether this User Content is altered or changed in any manner. To the extent not waivable, User irrevocably agrees not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. User acknowledges and agrees that all User Content whether publicly posted or privately transmitted to the Service is at User’s sole responsibility and risk. Twin Harbour Interactive disclaims any responsibility for the backup and/or retention of any User Content transmitted to the Games and/or any related Service.
16 User Responsibility and Conduct
16.1 Twin Harbour Interactive wishes to remind the User that he is solely responsible for his interactions with other Users and any other parties with whom he interacts through services provided by Twin Harbour Interactive. If the User has a dispute with one or more Users, he releases Twin Harbour Interactive (and its officers, directors, managers, subsidiaries, business partners, joint ventures, affiliated companies and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
16.2 Without prejudice to the above, Twin Harbour Interactive reserves the right to become involved in any way with these disputes, but is in no obligation to do so. The User will fully cooperate with Twin Harbour Interactive to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Twin Harbour Interactive access to any password-protected portions of his User Account or externally saved material in question. Any noncompliance from the side of the User will constitute a viable reason to suspend the User’s activity and account.
16.3 Code of Conduct
16.3.1 Users are expected to specifically follow these Rules of Conduct, all applicable laws and all basic rules of netiquette and common courtesy when using the Twin Harbour Interactive services. Any conduct that violates the law in an offline, real world community is also a violation of these Terms. Twin Harbour Interactive will not tolerate any illegal or offensive conduct in its Games or Services rendered.
I) Impersonating any person or entity, including any Community Manager, Games Operator, Forum Leaders, Alliance Leader, Employee or Staff, or falsely state or otherwise misrepresent his affiliation with a person or entity.
II) Forging headers or otherwise manipulating identifiers to disguise the origin of any message transmitted through the game service unless this is an integral part of the game service (e.g. anonymous news).
III) Uploading, posting, emailing, transmitting, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation.
IV) Interfering with or disrupting the Games and Services provided by Twin Harbour Interactive, or servers or networks connected to their services, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Games as outlined by the Games and Services or Staff.
V) Forming groups of Users in Twin Harbour Interactive or Services beyond the applicable group limits (Wolfpacking) with the sole purpose of gaining added benefits or tipping the balance of the Games in favor of the Users. This behavior is often accompanied by deliberately making the experience miserable for new or less experienced Users (Ganking). ALLIANCE CAP: Alliance members belonging to the same Alliance are not allowed to join the same game beyond the coalition limit for said map (GameID).
VI) Promoting, displaying, or advocating the use of fascist, racist, or supremacist material and hate speech, either directly in the Games and Services or through any affiliated or unaffiliated method (e.g. Fan Art).
VII) Harming, harassing, or insulting minors in any way, even if they are not permitted under the Games’ specific Terms and Conditions.
VIII) Stalking, threatening, or otherwise harassing or causing discomfort to another User in any form or manner, especially when related to ethnicity, religion, gender, or sexual orientation.
IX) Collecting, storing, posting, or otherwise disseminating any personal data about other Users without the written consent of said Users and/or Twin Harbour Interactive.
X) Impeding or disrupting the Services or the flow of gameplay in the Games and Services provided by Twin Harbour Interactive.
XI) Accusing, denouncing, vilifying, ridiculing, insulting, or threatening Staff or any official person involved with maintaining the Games or Services, or denouncing Users as Gold-Users, Wallet Warriors, or Cheaters, or in any other way attacking the Games, Services, or Twin Harbour Interactive itself or its affiliates in a manner that goes beyond constructive criticism.
XII) Using excessive vulgar language, abusiveness in non-vulgar statements, excessive shouting (ALL CAPS), “spamming,” or any other disruptive or abusive methods intended to disturb, insult, or aggravate other Users or Staff.
XIII) Engaging in, encouraging, or promoting any illegal activity, or any activity that violates these Terms and Conditions.
XIV) Engaging in actions that defraud or attempt to defraud, scam, or cheat others out of items earned through authorized gameplay.
XV) Utilizing unauthorized exploits and cheats in connection with the Games or the Services, or promoting these inside or outside of the Games and Services provided by Twin Harbour Interactive.
XVI) Tampering with the data stream, code, or systems of the Games and Services provided by Twin Harbour Interactive.
XVII) Exploiting any bugs, errors, or design flaws to obtain unauthorized benefits, or to gain an unfair advantage over other players or any system or security flaw to access the Games and Services or any associated system.
XVIII) Trading, selling, auctioning, or otherwise transferring any virtual items or goods of any nature outside the game or even within the game unless specifically designed for this purpose by Twin Harbour Interactive.
XIX) Any further action that disrupts the Games and Services or that negatively affects or may prohibit other Users from enjoying the website, the games, or any other aspect of Twin Harbour Interactive’ Services.
XX) Using Games and Services provided by Twin Harbour Interactive for any further economic, military, political, religious, or terrorist means not covered by these Terms and Conditions.
16.3.3 ATTENTION
Twin Harbour Interactive and its Staff may take any action and impose penalties as necessary, without prior notice, to enforce these Terms. Their decision is final and binding on all users.
