Astonia User Agreement
Terms and Conditions
1. Terms and Conditions
Astonia is an Internet-based online fantasy role-playing game service that allows you to play the computer game "Astonia - The Conflict", in return for the payment of a fee. As part of the Astonia service, Intent Software maintains a site on the World Wide Web with a URL address of "www.astonia.com" (the "Web Site"). Throughout the remainder of this Agreement, the Astonia service (including the Web Site and message board) will be referred to as the "Game", the software programs contained in the download and provided to you through the Game will be referred to as the "Client". Intent Software grants to you a limited, non-exclusive license to use, the Client and the Game subject to all of the terms and conditions of this Agreement.
This Agreement / terms and conditions comprise the entire agreement between Intent Software and you, regarding the Game and the Client. Intent Software may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement on the Web Site. You agree to review the Agreement on the Web Site periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 9. Your continued use of the Game thirty (30) days after posting of a revised Agreement on the Web Site means that you accept all such revisions.
3. Account Information
(a) Account, User ID. When you create an account ("Account") and register for the Game, you will become a Member of the Game. The term "Member" in this Agreement refers to any person or entity, including you, who has registered for the Game, has entered into this Agreement with Intent Software and is authorised by Intent Software to use the Game. Upon your registration as a Member of the Game, a user number ( "User ID") will be allocated to you. To access your account, you have to provide this User ID.
(b) Passwords. Upon your registering for the Game, you will select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of any password or from use by any person of your password to gain access to your Account. At no time should you respond to an online request for a password. Intent Software employees will never ask for your password online.
(c) Former Members. Members whose Accounts have been terminated by Intent Software may not access the Game in any manner or for any reason, including through any other Account, without the express written permission of Intent Software. Active Members may not knowingly allow former Members whose Accounts have been terminated to use the active Members' Accounts or User IDs.
(d) Related Accounts. If an Account is terminated by Intent Software, Intent Software shall have the right to terminate any other Account that shares the member name, email address, Internet Protocol address or credit card number with the terminated Account.
4. Subscription Fees for the Game
(a) General Fees. Current fees for using the Game are published on the Web Site. Intent Software may change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Web Site. All changes will be posted on the Web Site and you are responsible for reviewing the account management on the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Membership as provided in Section 9. Your continued use of the Game thirty (30) days after posting of the changes on the Web Site will mean you accept such change. YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE.
(b) Payment Periods. Your subscription will automatically renew for the same period you have selected from the payment periods published on the Web Site if not terminated as provided at section 9.
(c) Payment by Credit Card. If you pay for the Game by credit card, you must indicate to Intent Software that you are the authorised user of the credit card used to pay service charges. Each time you use the Game, you agree and reaffirm that Intent Software is authorisd to charge your credit card. You agree to promptly notify Intent Software of any changes to your credit card account number, its expiration date, and you agree to promptly notify Intent Software if your credit card expires or is cancelled for any reason.
(d) Payment by Check. If you pay for the Game by Check, you thereby indicate to Intent Software that you are the authorised bearer of the check. You have to make sure that the check will be sent to Intent Software on time so that your access to the Game will not be interrupted. You must ensure that your check is covered and can be cashed by Intent Software.
5. Rights and Responsibilities
(a) Content. You acknowledge that: (i) the Client and the Game contain graphics, sound effects, animations and text, and (ii) Content may be provided as contributions from other Members ("Content").You, and any user of your Account or User ID, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Intent Software does not pre-screen Content as a matter of policy, but Intent Software has the right, but not the responsibility, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
(b) Rights. You acknowledge and agree that all characters created, and items acquired and developed as a result of game play are part of the Client and Game and are the sole property of Intent Software. You acknowledge that: (i) the Client and the Game permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Intent Software ("Rights"), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of Germany and other applicable laws. You agree that you may upload or otherwise transmit through the Game only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Game. Unless otherwise specified in your transmission, by submitting Content to any area on the Game, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Intent Software the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content world-wide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term including any renewal term of any Rights that may exist in such Content.
(c) Service. Astonia has been designed by Intent Software for play only on the Game. Intent Software does not grant you a license to use the Software for any financial purpose. YOU ARE EXPRESSLY ALLOWED TO PASS ON THE CLIENT WITHOUT ANY FINANCIAL PURPOSE. Other license agreements concerning the passing on of the Client may be concluded apart from this agreement / terms and conditions. In this case please contact us at email@example.com. You agree to play Astonia only on the Game and not through any other means. You further agree not to create or provide any other means through which others may play Astonia, for example, through server emulators. You may not reverse engineer, de-compile or disassemble the Client, including any proprietary communications protocol used by the Client. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any graphics, audio-visual display, software programs, utilities, applications, emulators or tools derived from or created for Astonia unless specifically authorized in writing by Intent Software.
(d) In-Game Behaviour and Communication. You, and anyone you authorise to use your Account and User ID on the Game, agree to follow the In-Game Behaviour Rules published on the Web Site. The In-Game Behaviour Rules may change at Intent Software discretion, at any time. Intent Software reserves the right to terminate your Membership if it determines in its sole discretion that you have engaged in any impermissible conduct whether or not such conduct violates the In-Game Behaviour Rules. You acknowledge, however, that Intent Software does not pre-screen Content or communication over the Game.
(e) Privacy. You understand that you have no expectation of privacy regarding the communications you make on the Game, and that Intent Software representatives may monitor all communications made by or received from you. You hereby consent to the extraction of any data related to operation of the Client through the Game from any computer that logs on to the Game using your Account.
(f) Parental Guidance. While Intent Software may choose to monitor and take action upon inappropriate gameplay, chat or links to the Game, it is possible that at any time there may be language or other material accessible on or through the Game that may be inappropriate for children or offensive to some users of any age. While Intent Software has established In-Game Behaviour Rules for players accessing the Game, Intent Software cannot ensure that other players will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. Intent Software does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
6. Disclaimer of Warranty
To the maximum extent allowed by law, Intent Software, its subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Game. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE GAME AND THE CLIENT IS AT YOUR SOLE RISK. THE GAME AND THE CLIENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Intent Software DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE GAME, THE CLIENT, AND THE INTERNET. Intent Software ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY Intent Software, AND ITS SUBCONTRACTORS, OR BY YOUR OR ANY OTHER MEMBER'S OWN ERRORS AND/OR OMISSIONS. Intent Software makes no warranty with respect to any related software or hardware used or provided by Intent Software in connection with the Game.
7. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT Intent Software SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY Intent Software OR ITS SUBCONTRACTORS, OTHER MEMBERS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE GAME OR THE CLIENT. Intent Software SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE CLIENT OR THE GAME. Intent Software's, ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF ANY IMPLIED OR EXPRESS WARRANTY, OR FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT OF THE FEES PAID BY YOU FOR THE GAME. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH COUNTRIES Intent Software's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
At Intent Software's request, you agree to defend, indemnify and hold harmless Intent Software, its subcontractors and other Members of the Game, from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this Agreement by you. Intent Software reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
Either you or Intent Software may terminate your Account at any time without further obligation to the other. Further, Intent Software reserves the right to terminate the Game at any time without further obligation to you. IF THE GAME OR YOUR ACCOUNT IS TERMINATED OR CANCELLED AT ANY TIME FOR ANY REASON, YOU AGREE TO THE FOLLOWING: (1) YOU WILL NOT BE ENTITLED TO ANY REFUND OR PRORATION OF ANY FEES OR UNUSED ACCESS TIME; (2) YOU WILL LOSE ANY CHARACTERS DEVELOPED OR ITEMS ACCUMULATED AND YOU WILL NOT HAVE THE RIGHT TO TRANSFER, SELL OR ASSIGN ANY CHARACTERS OR ITEMS TO ANYONE ELSE; (3) YOU MAY NOT ACCESS THE GAME IN ANY MANNER OR FOR ANY REASON, INCLUDING VIA ANY OTHER ACCOUNT. IN THE EVENT THAT AN ACCOUNT IS TERMINATED, Intent Software MAY TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE MEMBER NAME, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CREDIT CARD NUMBER WITH THE TERMINATED ACCOUNT.
10. Member Lists
Intent Software reserves the right to inform its Game Members from time to time about new products by email.
11. General Provisions
You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Intent Software's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Intent Software of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Intent Software shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Intent Software. All notices given by you or required under this Agreement shall be in writing and addressed to Intent Software at Barnerstrasse 14, 22765 Hamburg, Germany, or emailed to firstname.lastname@example.org. In order to set up your Account, you will be required to accept all of the above terms and conditions. If you do not accept this Agreement, follow the return instructions given to you online.
Intent Software GmbH & Co. KG. All Rights Reserved.