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Exorth Terms of Use

1.) Subject of Terms of Use
1.1 - These Terms of Use fully supersede previous versions of Exorth’s Terms of Use.
1.2 - Exorth provides online games and other services subject to its technical and operational capabilities at an annual mean rate of availability, not including periods during which the use of online games and other services is disrupted or restricted for compelling technical reasons or as a result of maintenance needed, for which Exorth bears no liability under the terms hereof.
1.3 - Exorth develops, updates and otherwise adapts its online games and other services on an ongoing basis. Accordingly, users may only participate in the online games and services in their then-current versions.
1.4 - The online games and services offered by Exorth are provided for entertainment purposes only and may not be used for financial reward or commercial purposes.
1.5 - It is the user’s responsibility to ensure the compatibility and suitability of any software and hardware used.
1.6 - In addition to these Terms of Use, the rules of online games apply, if any. Insofar as these Terms of Use conflict with game rules, the terms hereof prevail. Individual online games, including but not limited to variations and/or components thereof, as well as individual services on Exorth’s web pages are further subject to special terms of use, which are disclosed to users prior to use.
1.7 - The applicability of user rules or terms & conditions deviating from these Terms of Use is subject to Exorth’s prior written consent.

2.) Users & Registration
2.1 - Only individuals are permitted to register, and only individual persons (not groups, families, live-in partners, etc.) are admitted as users. Users who are minors represent and warrant that they obtained their legal guardian’s consent prior to registering.
2.2 - Any individuals whom register for benefits of another company are not permitted to register.
2.3 - When registering, users must provide a player name as well as an email address registered to them. Users hold no right to use a player name of their choice. Player names must not violate third-party rights or be offensive in nature. In addition, no email address or URL may be used as a player name. Users represent and warrant that the information they provided when registering with Exorth is accurate and complete.
2.4 - Users must register in person; they cannot be registered by third parties, including but not limited to those that register individuals with various tele-services in a commercial capacity (registration services).
2.5 - Registrations are approved on the Exorth portal and online game pages by means of a confirmation email, which provides users with an activation link. In these cases, Exorth activates the user’s / player’s account if and when the activation link is clicked. Once Exorth has activated an account or admitted a user, such user and Exorth enter into a user agreement for an unlimited period of time subject to these terms. In some cases, the registration process may deviate from the procedure outline above, in which case the user will be alerted in a suitable manner.
2.6 - User accounts cannot be transferred without express consent from Exorth's staff.

3.) Disclosure as to rescission
3.1 - Right of rescission
- You are entitled to rescind the agreement in writing (e.g., mail, manuscript, email) within two weeks. Reasons need not be given. The two-week period commences upon receipt of such disclosure in writing, but no sooner than the closing or the satisfaction of our disclosure duties.
3.2 - Effects of rescission
- In the event of an effective notice of rescission, such services as may have been received and such benefits (e.g., interest) as may have been drawn on either side shall be reversed and/or returned. In the event that you cannot reverse and/or return all of the services you accepted from us in the condition in which they were provided, you may owe compensation as appropriate. Obligations to reimburse payments must be satisfied within 30 days from the date on which your notice of rescission was dispatched or, in our case, received.
3.3 - Special terms
- Your right of rescission lapses prematurely if (i) Exorth has begun providing a service with your express consent or (ii) you yourself initiated such a service prior to the deadline for rescission. This should be assumed to be the case if you participated in online games or took advantages of other services.

4.) User’s obligations
4.1 - User data Users undertake to notify Exorth of all future changes to the information they provided as part of the registration process, including but not limited to changes to their email addresses. Users are obligated, upon Exorth’s request, to confirm that their information is accurate.
4.2 - Login data, IDs, passwords
4.2.1 - The terms “login data,” “IDs” and “passwords” refer to the combinations of letters and/or characters and/or numbers used to authenticate users and prevent unauthorized third-party access. Passwords should not be identical to the player name and ideally combine numbers and letters.
4.2.2 - Users are obligated to protect login data, IDs and passwords against unauthorized third-party use.
4.2.3 - In the event that users have reason to believe that third parties have obtained, or might have obtained, such data without authorization, they must immediately notify Exorth and change their data or have Exorth change it. In this case or in the event that Exorth has reason to suspect unauthorized use of data, Exorth is entitled to temporarily block such users’ access. Access privileges shall be restored once unauthorized use of data is no longer suspected.
4.3 - Use of Exorth’s web pages and web-page contents
4.3.1 - Exorth’s web pages offer contents of all kinds that are protected for the benefit of Exorth or third parties under trademark, copyright and other laws. Unless these Terms of Use specifically provide otherwise, users are not entitled to process, duplicate, distribute, publish or use for advertising or extra-contractual purposes Exorth’s web pages or any content provided thereon. Duplication is permitted only for technical reasons and browsing purposes. Ongoing duplication is restricted to private purposes. Copyright and trademark information must not be changed, suppressed or removed.
4.3.2 - “Contents” refer to all data, images, texts, graphics, songs, tones, tone sequences, videos, programs, software codes and other information provided by Exorth on its web pages, including but not limited to services offered for download.
4.3.3 - Users undertake to refrain from (i) taking any action endangering or disrupting the functionality of Exorth’s web pages or any service offered thereon, and (ii) accessing restricted data without authorization. The contents offered may be viewed only in a manner compatible with other users’ enjoyment of Exorth’s web pages and contents. Data or software capable of affecting a recipient’s software or hardware must not be transmitted.
4.3.4 - The use of Exorth’s web pages for commercial purposes, including but not limited to advertising, is subject to Exorth's express prior written consent.
4.3.5 - Exorth’s web pages may not be accessed using an anonymization service obscuring the user’s actual IP address.
4.4 - Use of client software With respect to the use of which requires the installation of client software, Exorth grants users a non-exclusive (basic) right to install and use such client software for the duration of their registration with Exorth. Users are permitted to duplicate client software only to the extent necessary for the contractually intended use thereof. Client software must not be used for any commercial purpose. Unless applicable law provides otherwise, client software must not be modified, the program code provided must not be retranslated into other codes (decompilation) and the various software production stages must not be traced back (reverse engineering). Exorth is hereby not responsible for use of their software. This software is for learning purposes only by Exorth.

5.) Special terms for use of online games
5.1 - Users are prohibited from manipulating or disrupting online games. In particular, users must not employ measures, mechanisms or software that may interfere with a game’s function or intended course. Likewise, users must not adopt measures that may burden the technical capacities to an unreasonable or excessive degree. Users are not permitted to block, overwrite or modify contents generated by the game authority or otherwise interfere with online games.
5.2 - Users are further prohibited from accessing online games (including any individual web page) using programs other than a web browser or the client program provided. This is especially true for so-called bots and other tools designed to replace or change Web interfaces. Also prohibited are scripts and fully or partly automated programs giving users a competitive edge over other players, including auto-refresh functions as well as other integrated web-browser mechanisms where automated actions are concerned.
5.3 - Under no circumstances may users: - create or use cheats, mods and/or hacks or use other third-party software altering the experience of online game players;
- employ software for the purpose of mining data or otherwise “catch” or collect information related to online games;
- buy or sell for “real” money, exchange or otherwise put virtual items used in online games to use outside of such online games, including by way of circumvention, similar methods or actions the effects of which fall under the aforementioned restrictions.

5.4 - Users may log in only on a game’s start page or the Exorth portal page. User accounts must not be opened automatically regardless of whether the start page is displayed.
5.5 - All rights to the virtual items provided in online games against a fee inure to the sole benefit of Exorth and/or its authorized contractual partners. The same is true for virtual items created by users, who grant Exorth, throughout the world, in perpetuity and without limitation, an exclusive right of beneficial use to such items, which encompasses their duplication, distribution and processing. Users merely hold a non-exclusive right of beneficial use to such items, which is limited to the term of the agreement.

6.) Special terms for use of means of communication (e.g., discussion forums, chat and comment function) on Exorth’s web page
6.1 - Exorth may provide, but users are not entitled to, various means of communication (including but not limited to discussion forums, chats, blogs, guest books, etc. as well as comment functions) for users to post their own contents and contributions on Exorth’s web page. Users are permitted to take advantage of such means to the extent available. Exorth merely facilitates an exchange of information by technical means.
6.2 - Users are solely responsible for any content and contribution they introduce and undertake to indemnify and hold Exorth harmless from and against third-party claims. While Exorth specifically does not claim ownership of user-posted comments, users grant Exorth a permanent, irrevocable and non-exclusive right to use contents and contributions posted by them. Exorth stresses that it does not actively monitor user contents posted on its pages. Instead, it randomly samples such contents, and each user has the option to report posts to Exorth that may violate applicable law, in which case Exorth will respond as quickly as possible and edit or delete flagged contents to the extent necessary. 6.3 Users are prohibited from using any tool, including but not limited to the means of communication available on Exorth’s web page, to publish or distribute contents thereon that:
- violate applicable law or prevailing moral or ethical standards;
- infringe upon third-party trademarks, patents, industrial and other registered designs, copyrights, trade secrets or other third-party rights;
- are obscene, racist, pro-violence or pornographic in nature or otherwise endanger the wellbeing or character of children and youths;
- are offensive, harassing or libelous in nature;
- contain chain letters or snow-ball systems;
- wrongly create the impression of having been posted or endorsed by Exorth;
- refer to personal data of third parties without such parties’ express consent; or
- are commercial in nature and/or serve advertising purposes.

6.4 - URLs, companies or products must not be named if and to the extent that they are primarily mentioned for advertising purposes.
6.5 - All users of the means of communication provided on Exorth’s web page are obligated to express themselves in a non-offensive manner and to refrain from ridiculing or otherwise attacking others.
6.6 - Irrespective of its other rights under these Terms of Use, Exorth is entitled to edit or delete any part of contents and contributions posted in violation of these rules. Exorth is further entitled to temporarily or permanently exclude from the use of online games, access to Exorth’s web page and other services any user violating these rules.

7.) Consequences of breach of duty
7.1 - Exorth is not liable for damages resulting from breaches of duty attributable to users.
7.2 - Irrespective of all other legal and contractual rights, Exorth may, at its option, take the following actions in the event that users culpably violate applicable law, third-party rights, these Terms of Use or any applicable game-specific provision or rule:
- edit or delete content;
- issue user warnings;
- flag misconduct in relevant online games and identify responsible users;
- temporarily or permanently deny users access to any Exorth game and/or web page;
- exclude users;
- issue temporary or permanent bans for all of Exorth’s web page in cases of violations of Section 6; or
- terminate user agreements with immediate effect.
7.3 - Users who have been banned or excluded cannot re-register without Exorth’s prior consent and hold no right to have the ban, exclusion or other restrictive measure lifted.

8.) Premium Fees
8.1 - Unless specifically noted otherwise, the use of online games and other services is free of charge.
8.2 - However, users may purchase certain services and features available as part of the online games, in which case they will be separately notified, in connection with such games, of the nature of such features, including but not limited to their functions, periods of availability, costs as well as methods of payment.
8.3 - Minors wishing to purchase features represent and warrant that the funds used to pay for such features were made available to them for this purpose, or placed at their disposal, by their legal guardians.
8.4 - The applicable rates are due and payable upon closing, with payment typically being collected by the service provider handling the payment process. Payments may be collected a few days in advance to ensure the uninterrupted availability of services. Terms & conditions imposed by such service providers, if any, apply in addition to these Terms of Use.
8.5 - Users represent and warrant that any information provided as part of the payment process (including but not limited to bank information, credit card numbers, etc.) is true and accurate.
8.6 - The methods of payment vary depending on the online game, user country as well as the means and technologies available. Exorth reserves the right to amend the methods of payment at any time.
8.7 - Exorth further reserves the right to change the fees for internal game features (including virtual currencies), which encompasses the right to lower or raise the rates for individual internal game features for future feature purchases.
8.8 - In the event of default, interest accrues at the legal rate. Exorth is further entitled to block the account of any user in default, to demand additional damages or suspend its services to such user.
8.9 - If, through a user’s fault, Exorth incurs (check) cancellation fees (e.g., as a result of insufficient user funds), such user shall bear any related costs, and Exorth may include such costs and fees when debiting the charges again. If payment is made by credit card, cancellation fees may amount to $50 US per charge plus any bank fees incurred by Exorth. Exorth is entitled to claim additional damages.

9.) Limitations of liability
9.1 - With respect to their infringement upon third-party rights, users are directly liable to such third parties and undertake to indemnify Exorth against all damages it incurs as a result of non-compliance with the duties set forth in these Terms of Use. Users hold Exorth harmless from any claim asserted against Exorth by other users or third parties on the basis of the violation of their rights by user contents or other breaches of duty, and they shall bear the costs of Exorth’s legal defense, including court and attorney’s fees, provided the violation of applicable law is attributable to them.
9.2 - Irrespective of legal grounds (breach of contractual duty or tort), Exorth’s liability is conclusively subject to the following provisions:
9.2.1 Insofar as Exorth provides the service triggering liability free of charge, Exorth is liable for intentional misconduct and gross negligence only.
9.2.2 For services provided against a fee, Exorth bears unlimited liability for intentional misconduct and gross negligence in cases of bodily injury; in the event of slight negligence, however, Exorth’s liability is limited to breaches of material contractual duties as well as default and instances of impossibility attributable to it. Its liability for violations of such material contractual duties is limited to the typical amount of damages it should have anticipated at the closing on the basis of the circumstances of which it was then aware. “Material contractual duties” in the aforementioned sense refer to duties that are essential to the proper implementation of the agreement and the realization of its object and are reasonably relied upon by users.
9.2.3 Exorth accepts no liability for network disruptions it did not cause.
9.2.4 Subject to the foregoing paragraphs, Exorth’s liability for the loss of data is limited to instances in which users could not have avoided such loss by means of appropriate data-security precautions
9.2.5 The above limitations of liability do not apply in cases (i) in which Exorth made express warranties, (ii) of deception, (iii) of damages resulting from injuries to life, body or health and (iv) in which applicable law mandates otherwise.

10.) Term - Deletion of user accounts
10.1 - Unless otherwise stipulated for an online game or service, the agreement on the use of the Exorth portal, online games and other services is entered into for an unlimited period of time and commences upon a user’s admission or clearance by Exorth.
10.2 - Even in the absence of good cause, each party may terminate the agreement with immediate effect, provided no specific term was agreed upon. If the parties agreed on a specific term, the agreement may not be terminated until the end of its term. Unless and until terminated, any agreement with a specific term automatically renews for the length of the original term.
10.3 - Each party is entitled to terminate the agreement with immediate effect for good cause. Good cause is present especially if and when:
- users default on payments of fees and fail to pay despite a reminder;
- users engage in conduct that materially compromises the game experience of other players;
- cheats, mods and/or “hack” or other software, tools or scripts are used to the effect of changing the experience and/or mechanism of online games;
- a user’s account is used to play by third parties, unless the rules of the game provide for exceptions;
- users avail themselves of third-party accounts to play or use multiple user accounts for a single online game, unless the rules of the game provide for exceptions;
- users put virtual items used in online games to use outside of such online games or attempt to exchange or buy or sell them for “real” money; or
- users culpably violate applicable law, these Terms of Use or game-specific provisions or rules.
10.4 - Notice of termination must be given in writing, email being an acceptable means of written communication.
10.5 - In the presence of good cause (e.g., extended period of inactivity), Exorth is entitled to delete user accounts. In addition, Exorth may, at its option, delete user accounts upon the end of the term.

11.) Privacy
11.1 - Personal user data is not compiled, processed or used unless the user in question consents or applicable law (e.g., United States of America Patriot Act (USAPA)) so directs or permits.
11.2 - For details, see Exorth Privacy Statement.

12.) Applicable law, legal venue
12.1 - The laws of the United States of America apply to the exclusion of the U.N. Convention on Contracts for the International Sale of Goods (CISG).
12.2 - For users who do not fall under the jurisdiction of United States of America courts or are merchants within the meaning of the Uniform Commercial Code, the legal venue is the location of Exorth’s registered offices. In addition, Exorth is entitled to sue at the legal venue of users.

13.) Amendments to these Terms of Use, miscellaneous, communications, severability
13.1 - Exorth reserves the right to amend these Terms of Use. When logging in, users are notified of amendment to the Terms of Use on the Exorth portal or any online game page at least two weeks in advance of the effective date of such amendment. Alternatively, Exorth may notify users by email, either by transmitting the amended terms or providing a link to a Exorth web page on which the amended terms may be viewed. By logging in on the Exorth portal or to any online game after the amended Terms of Use have come into effect, users express their agreement with the new terms. Exorth shall separately advise users as to the significance of the two-week period, the right of rescission and the legal consequences of inaction in a suitable manner.
13.2 - Users cannot transfer rights and obligations under this agreement without Exorth’s prior written approval.
13.3 - Users may set off counter-claims only if and to the extent that such claims have been effectively established or recognized by Exorth or are undisputed. Users may exercise a right of retention only with respect to claims hereunder.
13.4 - Unless these Terms of Use provide otherwise, Exorth typically communicates with users by email, live support, chat, or private message (PM). It is incumbent upon users to ensure that the email account registered with Exorth is checked for messages from Exorth on a regular basis. When contacting Exorth, users must identify the online gam and user account to which they refer.
13.5 - Changes to and the suspension of these Terms of Use, including this formal requirement, must be communicated in writing.
13.6 - In the event that individual provisions of these Terms of Use are or become ineffective or violate applicable law, the remaining provisions hereof shall continue in full force and effect, and the parties shall replace the ineffective provision with one that best approximates the economic meaning and purpose of the ineffective provision within the bounds of law. The same applies to gaps found herein.