|
Gamelabs Sdn. Bhd. www.kallendor.com Terms and Conditions (TCs) – “Quests of Gallendor”“ Gamelabs Sdn. Bhd. operates an online gaming portal at www.kallendor.com (hereinafter “Gamelabs“). Gamelabs offers “Quests of Gallendor”, as well as related Services. § 1 Scope of Application (1) Gamelabs offers the browser game “Quests of Gallendor” with domain www.kallendor.com. Every player (hereinafter “User” can create an account for free, giving an username and password and e-mail address. Afterwards the User will be informed with an e-mail, which contains his/her personal data for this game. After this e-mail the account of this User will be activated. With the activation of the account, the User has the right to use all the functions of “Quests of Gallendor”. “Quests of Gallendor” provided by Gamelabs Sdn. Bhd. to the Users is subject to these TCs. (2) Gamelabs grants the User access to “Quests of Gallendor” in its then current version only. The User cannot claim that a given state of the Game or Service or functional range are maintained or achieved. The User acknowledges and agrees that “Quests of Gallendor” provided by Gamelabs Sdn. Bhd., as any other software, can never be completely free of bugs. Therefore, “Quests of Gallendor” can only be considered to be defective if their playability or usability is affected severely and sustainably. (3) Signing up, i.e. applying for an account, requires the prospective user to fill in a form and to submit various information. Usage is possible once Gamelabs Sdn. Bhd. has created an account for the User. Once the account is activated, the contract, based on these Terms and Conditions between the User and
Gamelabs Sdn. Bhd. support@kallendor.com will be signed, which allows the User the free and unlimited use of “Quests of Gallendor” (2)All accounts and everything related to an account are the virtual elements of the game. All rights are reserved to Gamelabs. (3)The User undertakes to keep all access data provided by Gamelabs Sdn. Bhd. for accessing “Quests of Gallendor” (login, passwords etc.) strictly confidential. In case Gamelabs Sdn. Bhd. has reason to believe that an unauthorised third party is in possession of access data, Gamelabs Sdn. Bhd. may, without assuming any responsibility to do so, and always acting at its own discretion, change the access data without prior notice or block the respective Account. Gamelabs Sdn. Bhd. will promptly inform the rightful User and will, upon request, communicate the new access data to him or her without undue delay. The User cannot claim to have his initial access data restored. § 2 Users (1) Gamelabs offers “Quests of Gallendor” only to consumers in the sense of Sect. 13 Bürgerliches Gesetzbuch (German Civil Code). “Quests of Gallendor” must not be used for pecuniary or any other commercial purposes. (2) The right of use is granted to persons either aged 18 or above or holding their legal representatives consent. The rules of individual “Quests of Gallendor” may prevent Users under a certain age from participating even if their legal representatives have consented. Upon registration for the “Quests of Gallendor”, the User explicitly states (i) his or her majority and legal capacity or (ii) if he or she is not of legal age, the consent of his or her legal representative. § 3 Right to Withdrawal The use of “Quests of Gallendor” and the offer to purchase Premium Features can be withdrawn by the User in text form (e.g. letter, telefax, e-mail) within two weeks without giving reasons. The time limit does not start before this instruction has been received. To comply with the time limit, it is sufficient to send the withdrawal within the time limit.
The right of withdrawal ends also if Gamelabs Sdn. Bhd. has started to deliver the service with the User’s consent, or in case the user himself or herself has caused Gamelabs Sdn. Bhd. to start with the service. This is to be assumed if the User has used the “Quests of Gallendor” or the Premium Features.
Gamelabs Sdn. Bhd. When withdrawing via e-mail, the name of the game (and of the Premium Features, if applicable) as well as the name of the User has to figure in the subject line. In case of a valid withdrawal, both parties have to give back the benefits they had received from the other party, along with uses, if applicable. This means that payments may not be completely reimbursed if the User has used the “Quests of Gallendor” before withdrawal. § 4 Term, Termination (1) Each party has the right to terminate the contract at any time with immediate effect, if no limitation of the usage period has been agreed upon. The termination has to be declared in written form, whereas e-mail is considered as being in compliance with the requirement of written form. A termination for important reason can only be declared in written form. (2) If Gamelabs Sdn. Bhd. is not responsible for a termination of the contract for using the game or Premium Features for important reasons, the User can not claim a refund for any payments made by him or her (especially for Premium Features) for the period after the termination becomes effective. All other claims of the User are excluded, unless otherwise provided in these TCs. (3) Gamelabs Sdn. Bhd. may terminate the contract especially for the following reasons: - if the User violates the “prohibition of multi-accounts": Gamelabs prohibits the use of more than one account by one and the same User (“prohibition of multi-accounts”) § 5 Deleting the data of account in case of termination In case of termination of the contract, Gamelabs guarantees to delete all data given for the registration. § 6 Runes(1) Every User has the possibility to buy “Runes”, which are the virtual money in “Quests of Gallendor”. To buy these “Runes” go to the respective section and choose the amount you want to buy. The listed prices include taxes. (2) Gamelabs offer different ways of payment. When the payment is successful, the “Runes” will be transfered to the account of the User. In case the transaction could not be finished successfully due to technical problems, the money will be paid back to the User. § 7 Guarantee (1) Gamelabs Sdn. Bhd. undertakes to assure an availability of “Quests of Gallendor” of 90 % (ninety percent) as a yearly average. Periods during which the servers of the Gamelabs portal, “Quests of Gallendor” is not available over the internet because of technical or other problems outside Gamelabs Sdn. Bhd.’s influence (such as force majeure or third party’s fault) and periods during which routine maintenance works are carried out are excluded from this. Gamelabs Sdn. Bhd. may restrict access to “Quests of Gallendor” if required for network security, maintenance of network integrity, especially the prevention of severe dysfunction of the network, the software or stored data. (2) Gamelabs Sdn. Bhd. is not liable for defects caused by external influence, faulty handling by the User, force majeure or changes or manipulations which are not carried out by Gamelabs Sdn. Bhd.. (3) The User shall document any faults of “Quests of Gallendor” or deliveries of Gamelabs Sdn. Bhd., and report them in written along with a protocol of the error messages displayed. Before reporting a potential bug, the User will consult the instruction provided by Gamelabs Sdn. Bhd. (especially frequently asked question lists). The User will use best efforts to support Gamelabs Sdn. Bhd. in any attempts to debug. § 8 Acces to these TCs, changes and further notices (1) By submitting and using “Quests of Gallendor”, the User accepts these TCs as binding. Each log-in on the “Quests of Gallendor” is subject to these TCs. The TCs can be printed or saved on storage media before sending the User Offer. (2) Gamelabs Sdn. Bhd. reserves its right to change or amend these TCs at any given time, effective for the future, if this should prove necessary and if the User is not disadvantaged contrary to good faith. The User will be notified of these changes to the TCs in appropriate text form (possibly via E-Mail). Notification will usually be done through publication of the websites of “Quests of Gallendor” or via e-mail. Changes will always be communicated to the User upon the next login, with a highlighted notice. (3) The User can contradict the changes within 14 days upon notification and possibility to notice such notification. If the User does not contradict the changes to the TCs within 14 days in written form, submitted to Gamelabs Sdn. Bhd., or if he or she continues to use “Quests of Gallendor” the changed TCs become binding for him or her. If the User contradicts in time, each party may terminate the contract with one month prior notice unless termination is possible at any time. Until termination, the former TCs stay valid. In this case, payment for services which may already have been made for periods of time after termination are reimbursed on a pro rata temporis basis. Any other claims of the User are excluded. (4) Unless otherwise provided in these TCs or other agreements with the User, Gamelabs Sdn. Bhd. will usually communicate with the User via e-mail. The User makes sure that he receives all mails sent by Gamelabs Sdn. Bhd. to the address he submitted to Gamelabs Sdn. Bhd. upon registration, or at a later date. He or she will, amongst others, set the configuration of the spam filter accordingly and regularly check all incoming mail under this address. Gamelabs Sdn. Bhd. remains free to choose any other means of communication. § 9 Data protection (1) Gamelabs Sdn. Bhd. will only collect, process or use any data referring to the User as a person for the purpose of this contract (including billing) unless Gamelabs Sdn. Bhd. is required by law to disclose such data, or the User has explicitly expressed his or her consent. Collection, usage and processing of the data are carried out in electronic form. Gamelabs Sdn. Bhd., however, reserve their right to inform the User about other games and related services offered by Gamelabs Sdn. Bhd., also in electronic form, without the User’s explicit consent, as far as legally permissible, as long as the User does not contradict. (2) Gamelabs has right to collect the IP-Addresses of the Users, in order to make statistics to protect and improve “Quests of Gallendor”. (3) For advertising and market research purposes and for designing “Quests of Gallendor” according to the User’s needs, Gamelabs Sdn. Bhd. may generate user profiles based on pseudonyms. The User has the right to contradict this processing and usage of his or her data at any time. Upon request, Gamelabs Sdn. Bhd. will promptly inform the User about all data logged with regard to the User’s person or pseudonym free of charge. This information will generally be provided by electronic means of communication. (4) Gamelabs Sdn. Bhd. may pass on payment data of the User to service providers or third parties insofar as this is required for determining the fees and billing. Gamelabs Sdn. Bhd. will disclose the names of these third parties. Gamelabs Sdn. Bhd. may pass on payment data to a third party in charge of billing, as far as required for this purpose. Except for that, Gamelabs Sdn. Bhd. will not pass on user data, or the content of private messages of the User, to any third party except when required by law. (5) The Users can be informed about their data of account anytime they want to. The Users have also the possibility to edit or delete their data as well. These kind of questions should be addressed to:
Gamelabs Sdn. Bhd. (6) The user can reject the saving of his or her data anytime. In this case the account has to be deleted, since it is not possible to have an account without this kind of data. § 10 Misc. (1) The law of the Federal Republic of Germany exclusively applies for all contracts concluded by Gamelabs Sdn. Bhd. on the basis of these TCs and any claims arising thereof. (2) The sole place of jurisdiction is the residence of Gamelabs Sdn. Bhd.. |