Terms and conditions valid for newly registered players or from 2015.08.15 00:00:00
English: The following Terms and Conditions are available only in English language. Please do not use our website if you do not understand the content of this document.
Magyar: Az alábbi Általános Szerződési Feltételek csak angol nyelven érhetőek el. Kérjük, ne használja honlapunkat, ha nem érti a dokumentum tartalmát.
Română: Următoarele Termeni si Condiții sunt disponibile numai în limba engleză. Va rugăm să nu folosiți site-ul nostru, dacă nu înțelegeti conținutul acestui document.
Deutsch: Die Geschäftsbedingungen sind nur in englischer Sprache zur Verfügung. Bitte benutzen Sie nicht unserer Website, wenn Sie den Inhalt dieses Dokuments nicht verstehen.
Español: Los términos y condiciones están disponibles sólo en el idioma Inglés. Por favor, no utilice nuestro sitio web, si usted no entiende el contenido de este documento.
Português: Os Termos e Condições estão disponíveis apenas no idioma Inglês. Por favor, não use nosso site, se você não entender o conteúdo deste documento.
Français: Les termes et conditions sont aval uniquement en langue anglaise. S’il vous plaît ne pas utiliser notre site Web si vous ne comprenez pas le contenu de ce document.
Italiano: I Termini e le condizioni sono disponibili solo in lingua inglese. Si prega di non utilizzare il nostro sito se non si capisce il contenuto di questo documento.
Polski: Warunki umowy są dostępne tylko w języku angielskim. Prosimy nie korzystać z naszej strony, jeśli nie rozumiesz treści tego dokumentu.
BY USING OUR WEBSITE, YOU HEREBY DECLARE THAT YOU UNDERSTAND THE PROVISIONS OF THIS DOCUMENT AND THAT YOU AGREE TO BE BOUND BY IT.
- THE AGREEMENT AND OUR SERVICES
- Welcome to the goldenbattles.com website. These terms and conditions ("Terms") and all the documents expressly referred to in them (the "Agreement") are the terms and conditions of the agreement which you enter into with us when you use the website www.goldenbattles.com and all the webpages containing that address and any webpage containing this domain name, including any page that is enabled for use by a mobile device (the "Website").
- Please read these Terms, together with all the documents referred to in it, carefully before you start to use our Website. By accessing and using our Website, you indicate that you have read, understand and accept the terms and conditions of this Agreement and that you agree to abide by them each time you access and use our Website. If you do not agree to this Agreement, please refrain from accessing and using our Website. This Agreement applies to each visitor to and user of our Website including registered and unregistered users.
- The online services which are available on the Website will, among other things, allow you to create a virtual profile (the "Player") and participate in the Golden Battles Game (the "Game") and the virtual community. Most areas of the Website require registration prior to use.
- INFORMATION ABOUT US
- The Website and the Golden Battles Game is operated, administered and developed by Golden Webmedia Llc ("we", "us" and "our").
- Golden Webmedia Llc. is incorporated in Hungary, with company number 01-09-991930, with a registered office at 1104 Budapest, Kéknyelű utca 5. A. and with tax number 24132134-1-42.
- Golden Webmedia Llc. offers the Golden Battles online game within the framework of its technical and operational capabilities with an average annual availability of 99%. This does not include periods of time during which the use of the Game are interrupted or affected by compelling technical reasons or required maintenance work. In these cases Golden Webmedia Llc. is not obliged to provide compensation in accordance with the provisions of this agreement. Periods of time, during which the servers of Golden Webmedia Llc. are unavailable on the internet due to reasons beyond Golden Webmedia Llc.’s control (force majeure, third party responsibility etc.) are also not included.
- REGISTRATION AND ACCOUNT SECURITY
- The user is entitled to use the Website and the Golden Battles Game via common web browsers only. Any use with additional programs, scripts or other supporting tools is prohibited.
- Only natural persons are eligible for registration. Only individuals will be accepted as authorized users (no groups, families, spouses or life partners, etc.). The registration must be conducted in person. Registration through third parties, especially those that register individual people commercially at various teleservice providers (registration services and/or entry services), is not permitted.
- You must be over 18 years old to use the Website and/or the Golden Battles Game. Persons under 18 years of age are not entitled to register as a player on Golden Battles. By using the Website and/or the Golden Battles Game, you declare that you are over 18.
- The terms "user name", "player name" and "password" include all letter and/or characters and/or number sequences, used to authenticate users and to prevent use by an unauthorized third party. The password should not be identical with the user name or the player name, and it should consist of a combination of numbers and letters.
- You have to provide a player name and a valid, registered e-mail address. You are not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend common decency. Moreover, no e-mail or web address may be chosen as the player name.
- Multi-accounting is not allowed, a real person can only possess one account on the Website. When registering for an account on the Website you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes.
- For restarting an account the usage of the "Restart" button is the only way permitted. Creating a new account for the purposes of getting another Leader/Mentor is strictly forbidden and will result in banning both the new and the old account, as well as the instigator account.
- The use of Website or the Golden Battles Game through an anonymization service that is hiding the true IP address of the user is not permitted.
- Usage of the same IP for more than one account is allowed under the strict rule that there should be no money transfer between different accounts with the same IP. If money transfer happens, it will be treated as multi-accounting and all involved accounts will be banned.
- If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable, suspend or restrict any user identification name or password, whether chosen by you or allocated by us, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of this Agreement.
You may not:
- use disposable email address
- enter, select or use an email address owned or controlled by another person with the intent to impersonate that person
- use a name without appropriate authorization
- permit others to use your account
- use other Users’ accounts
- sell, trade, or otherwise transfer your Golden Battles account to another party
- charge anyone for access to any portion of www.goldenbattles.com, or any information therein.
We reserve the right in our sole discretion to refuse registration of, suspend or cancel a user identification name without notice, or to test the veracity of email addresses provided at any time. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user identification name and password chosen or provided to you for your access to the Golden Battles Game shall be for your personal use only and is non-transferable.
- You agree to:
- immediately notify us of any unauthorized use of your user identification name or password, or any other breach of security
- ensure that you exit (Log out) from your account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- If you forget or lose your password, you should request a new password by visiting the "Forgot Password" section in the Login area.
- CONTENT AND THE GAME
- We do not control the Content posted by third parties (including other Players) via the Golden Battles Game, including, but not limited to, the content of any feeds, discussions, Player ads or articles, and we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable.
- You are responsible for complying with all laws applicable to the Content you submit to the Website via the Golden Battles Game.
- As a condition of your access and use of our Website and/or the Golden Battles Game, you warrant to us that you have the right, authority and capacity to enter into and be bound by this Agreement.
- We have no obligation to monitor or moderate any user’s activity or use of our Website and/or the Golden Battles Game, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request.
- Without any admission of liability, we may from time to time assess any possible risks for Players from third parties when they use the Website and/or the Golden Battles Game, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. Moderators are registered users of the Golden Battles Game who may interact directly with other registered users to identify potential problems, conduct random verifications to ensure that this Agreement and the Rules are being complied with and impose sanctions accordingly. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or the Golden Battles Game by a Player in contravention of our content standards, whether the service is moderated or not. Where we do moderate the Golden Battles Game, we will normally provide you with a means of contacting the administrator, should a concern or difficulty arise.
- We do encourage the use by you of the Support Centre, which we have placed on the Website and which allows you to report any Content that is in breach of this Agreement or in any other way objectionable and to notify moderators of any abuses or breaches of this Agreement and the Rules. Additionally, you can use the designated "Report buttons" placed in the different sections of the Website to inform us about Content that is in breach of this Agreement. The Contact section also allows you to report any problems you may encounter during your use of our website, connected to the Golden Battles Game, including payment issues etc.
- Access to our Website and/or the Golden Battles Game is permitted on a temporary basis, and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the Website and/or the Golden Battles Game without notice or liability. Access to our Website and/or the Golden Battles Game is provided on an "as is" basis. You should not rely on any Content and/or other material on our Website and/or the Golden Battles Game to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Content and/or materials by any user of our Website and/or the Golden Battles Game, or by anyone who may be informed of any of the Contents. We accept no responsibility for keeping the information in the Website and/or the Golden Battles Game up to date or complete or liability for any failure to do so.
- When using our Website and/or the Golden Battles Game, you must comply with the provisions of our Privacy Policy http://help.goldenbattles.com/help/en/Privacy_policy which forms part of this Agreement. Our Privacy Policy sets out how we may use information about you collected during use of the Website and/or the Golden Battles Game.
- You are responsible for making all arrangements necessary for you to have access to our Website and/or the Golden Battles Game. The use of Antivirus software and a Firewall is highly recommended.
You are also responsible for ensuring that all persons who access our Website and/or the Golden Battles Game through your internet connection are aware of this Agreement, and that they comply with them.
- You are responsible for determining whether the Content you post can be displayed to all Players or a specified group or individual.
- RESTRICTIONS ON RIGHT TO USE
- You agree that you shall not (and you agree not to allow any third party to):
- modify, adapt, or reverse engineer any portion of the Website and/or the Golden Battles Game
- access data that you are not allowed to
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Website and/or the Golden Battles Game or in or on any Content or other material obtained via the Website and/or the Golden Battles Game
- use any advertising suppressing measures. It is irrelevant whether advertising is deliberately suppressed or generally blocked, e.g. by so called Pop-Up Blockers, text-based browsers or similar
- use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website and/or the Golden Battles Game
- access, screen-scrape, retrieve or index any portion of the Website and/or the Golden Battles Game for purposes of constructing or populating a searchable database of feeds, articles, discussion forums, player ads, information and other Content
- collect any information about other Players (including user identification names and/or email addresses) for any purpose other than to share feeds and articles with our other Players
- reformat or frame any portion of the web pages or any Content that are part of the Website and/or the Golden Battles Game
- create user accounts by automated means or under false or fraudulent pretenses or create multiple Player log ins
- create or transmit unwanted electronic communications such as "spam", or make excessive challenges or invitations, to other Players and/or the Golden Battles Game or otherwise interfere with other Players’ enjoyment of the Website and/or the Golden Battles Game
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature to other Players or on the Website
- use the Website or the Golden Battles Game to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene
- copy or store any Content offered on the Website for other than your own use
- use any device, software or routine that interferes with the proper working of the Website and/or the Golden Battles Game, or otherwise attempt to interfere with the proper working of the Website and/or the Golden Battles Game
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure
- use the Website and/or the Golden Battles Game, intentionally or unintentionally, to violate any applicable law
- collect or store personal data about other Players in connection with the prohibited activities described in this paragraph
- promote any other games, other websites, surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Website
- use the Website and/or the Golden Battles Game for advertising, marketing, charitable, campaigning, for public relations or political purposes of any kind
- impersonate any person or entity
- upload, post, e-mail, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.
- No feeding is allowed. Per definition feeding is when between two or more accounts, virtual money or virtual property is transferred by extremely over- or underpriced selling of Game products, services or any other means, on a regular basis and with no return in value, being a one-sided feeding of the main account.
This rule is enforced as follows:
- the names of players caught breaking this rule will be added to a "Warned" list
- players caught breaking this rule for the 1st time receive 6 hours temporary ban
- breaking this rule for the 2nd time means 12 hours temporary ban
- breaking this rule for the 3nd time means 24 hours temporary ban
- breaking this rule for the 4nd time means 72 hours temporary ban
- breaking this rule for the 5nd time means 1 week temporary ban
- breaking the rule more than 5 times will result in permanent ban
- CONTENT STANDARDS AND LICENSE
- These provisions apply to any and all Content which you contribute to our Website and/ or the Golden Battles Game.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole.
- You are solely responsible for any Content that you submit, publish or display on the Website or transmit to other Players.
- You are solely responsible for your ratings and feeds, articles, forum postings, private messages, Player ads and other communications published on our Website. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any Player’s use of the Website. You understand that we cannot guarantee the identity of any other Players with whom you may interact in the course of using the Golden Battles Game. Additionally, we cannot guarantee the authenticity of any data which Players may provide about themselves or relationships they may describe.
- When addressing or referring to the Administration Team by posting ratings and feeds, articles, forum postings, private messages, Player ads and other communications on our Website you must do with a decent language, not meant to undermine the Administration Team’s authority and/or reputation. Strong, offensive language against the Administration Team will not be tolerated.
- By posting Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant us, our contractors, and the Players of the Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. This license is exclusive, except you agree that we shall have the exclusive right to exercise this license to the extent of combining your Content with the Content of other Players for purposes of constructing or populating a searchable database of feeds, articles, discussion forums, player ads and other. You understand that this license allows us to reformat, excerpt, or translate any materials submitted by you.
- We reserve the right to limit the amount or number of feeds, articles, forum postings, player ads or Content postings that you may make on a particular topic.
- The following is a partial list of the criteria that Content must comply with.
Content must:
- be moral and proper
- be accurate (where they state facts)
- be genuinely held (where they state opinions)
- comply with applicable law in Hungary and in any country from which they are posted.
- The following is a partial list of the type of Content that is prohibited on the Website.
Content must not:
- defame, damage the good name of Golden Webmedia Llc., of the Website, or the Golden Battles Game
- defame, abuse, bully, harass, stalk, threaten, troll with, flame or otherwise offend others
- accuse other users of not being legit unless you have undeniable evidence and you have contacted the Administration Team on beforehand
- be unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, liable to incite violence, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be inappropriate
- breach any applicable laws or regulations
- deceive or mislead any person and/or entity
- falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present
- upload, post, email, transmit or otherwise make available possible major or critical bugs/exploits
- upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website
- breach of any in-game rules determined by us from time to time.
- SUSPENSION AND TERMINATION
- You agree that we may, with or without cause, immediately terminate your user account and access to the Golden Battles Game without prior notice at our sole discretion. Without limiting the foregoing, the following may lead to a termination by us of a user’s use of the Golden Battles Game and Website:
- a breach of this Agreement
- a request by law enforcement authorities, police or other government agencies in respect of your account
- unexpected technical issues or problems experienced by us
- extended periods of inactivity in respect of your account (more than 30 days)
Termination of your user account includes removal of access to all Golden Battles Game, all Content that we may determine, and may also bar you from further use of the Website. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to the Website.
- You understand and agree that we may review and delete any feeds, articles, private messages, discussion forums, player ads or other Content that in our sole judgment breach this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other or us. We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of this Agreement through your use of our Website and/or the Golden Battles Game. When a breach of this agreement has occurred, we may take such action as we deem appropriate.
- Failure to comply with this Agreement may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our Website and/or the Golden Battles Game- immediate, temporary or permanent removal of any posting, material or Content uploaded by you to our Website
- issue of a public (via the Website) or private warning to you
- limit the amount of postings you may make
- limit parts of the Website or limit Game features you have rights or access to
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary
- other legal action against you
- We exclude liability for actions taken in response to breaches of the content standards and restrictions of use. The responses described in this Agreement are not limited, and we may take any other action we reasonably deem appropriate.
- COMPLAINTS
- If you believe that Content posted on the Website breaches this Agreement or is in any other way objectionable, please notify us through the Support Center specifying the full details of such Content and identifying all postings of such Content and specifying the reasons for your objections. If you do not provide us with sufficient information, we may be unable to process your complaint. Additionally, you can use the designated "Report buttons" placed in the different sections of the Website to inform us about Content that is in breach of this Agreement. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. You are solely responsible for your interactions with other Players of the Website. While we reserve the right to monitor or to intervene in disputes between you and other Players, we have no obligation to do so.
- DISPUTES WITH THIRD PARTIES
- You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Website and/or the Golden Battles Game. You will, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the right to take any and all appropriate action against you under the terms of the Agreement.
- INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights in our Website and the Golden Battles Game, and in the Content published on it. Those works are protected by copyright laws, trade mark laws, database laws and treaties around the world. All such rights are reserved.
- The Website and the Golden Battles Game (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of Hungary and other countries. All individual articles, Content and other elements comprising the Website and the Golden Battles Game are also copyrighted works. Except for the Content submitted by Players, the Website and the Golden Battles Game and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by us or our licensors. You acknowledge that the Website and the Golden Battles Game and any underlying technology or software used in connection with the Website and the Golden Battles Game contains our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Website, or the Golden Battles Game in whole or in part except as expressly provided. Except as expressly and unambiguously provided herein, we and our suppliers do not grant you any express or implied rights, and all rights in the Golden Battles Game not expressly granted by us to you are retained by us.
- If it is determined that you retain moral rights in the Content, you hereby declare that:
- you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto
- you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns, or on other websites
- you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content
- you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.
- All product names mentioned on our Website are the trademarks of their respective owners, and other trademarks may be displayed on our Website from time to time. Some material on our Website may contain other information containing intellectual property of a third party. Nothing displayed on our Website should be construed as granting you any license or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner, save as expressly provided in this Agreement.
- You may print off one copy, and may download extracts, of any page(s) from our Website for your own personal purposes and you may draw the attention of others within your organization to material posted on our Website. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the Website, nor incorporate it into another website without our express written permission. You may also permit your computer to make an electronically stored, transient copy of the Content on our Website for the purposes of viewing it while connected to the internet only.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.
- Our status (and that of any partners, advertisers or third parties identified on our Website) as the authors of material on our Website must always be acknowledged by you.
- You must not use any part of the Content on our Website for commercial or non- commercial purposes without obtaining a license to do so from us.
- If you print off, copy or download any part of our Website in breach of this Agreement, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
- OUR LIABILITY
- The Content and other material displayed, accessible from or used on our Website are provided without any guarantees, conditions or warranties as to its accuracy.
To the extent permitted by law, we expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity
- any liability for any direct, indirect or consequential loss or damage incurred by any Player in connection with our Website and/or the Golden Battles Game or in connection with the use, inability to use, or results of the use of our Website and/or the Golden Battles Game, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
- We shall not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the Website.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website and/or Golden Battles Game or to your downloading of any material posted on it, or on any website linked to it.
- We do not guarantee the security of the online services or any systems connected with the use of the Website (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Website or any systems used in accessing our services will be continuous or virus or error free.
- Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this Agreement.
- INDEMNITY
- You agree to indemnify and hold us, subsidiaries, officers, directors, shareholders and employees, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of:
- your access to the Website
- your use of the Golden Battles Game
- the violation of this Agreement by you
- the infringement by you, or any third party using your account or user identification name or password, of any intellectual property or other right of any person or entity.
- VIRTUAL PROPERTY
- Virtual currencies including virtual euros, virtual gold and any virtual national currencies are exclusive property of Golden Webmedia Llc.
- Virtual goods including any item, company, assistant or soldier do not represent a real value.
- By investing real money in the Golden Battles Game, Golden Webmedia Llc. grants you a limited license right to use the Game’s Virtual euros, which is available for purchase or free distribution at our discretion. You acknowledge that you are not entitled to claim refunds from us for Virtual euros purchased by you when we have exercised our right to terminate your user account and termination was caused by your breach of this Agreement, the Game and/or Forum rules or of law.
- You acknowledge that we may, at any time and at our sole discretion, add new services for additional fees and charges, or amend fees and charges for existing services and may determine that any fees and charges are payable by the amount of virtual currencies specified by us or for an amount specified by us.
- Users are permitted to sell the usage rights on any virtual property owned by Golden Webmedia Llc. only to other users who possess a Game account and have accepted the Term of Service upon registering. Payment has to be done inside the Game.
- Withdrawing euros from the Game will result in the user selling the rights to use Golden Webmedia Llc. property (Virtual euros) back to Golden Webmedia Llc. for real money, in the value of the same amount. Fees of withdrawal (25%) are paid by the user.
- UPLOADING CONTENT TO OUR WEBSITE
- Whenever you make use of a feature that allows you to upload Content to our Website, or to make contact with other Players, you must comply with this Agreement, including our Privacy Policy http://help.goldenbattles.com/help/en/Privacy_policy. You warrant that any such Content does comply with this Agreement, and you indemnify us for any breach of that warranty.
- Any Content you upload to our Website will be considered non-confidential and non- proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right, at our discretion, to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- Content which comprises business and/or advertising material will appear on the Website. Individual business and/or advertisers are solely responsible for the content of the material which they submit to us including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any business and/or advertising material, including, without limitation, any error, omission or inaccuracy.
- LINKING TO OUR WEBSITE
- You may link to our home page, provided you are in compliance with this Agreement. Links to the Website must be done in a way that is fair and legal and does not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission.
- We reserve the right to withdraw linking permission without notice. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
- LINKS FROM OUR WEBSITE
- Where our Website contains links to other websites and resources provided by our partners or other third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave our Website and do so entirely at your own risk.
- CONTACT FROM US
- In the course of providing you services and in respect of your use of the Website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your account and necessary for the normal functioning of the Website, including emails which help inform Players about functionality of the Website. You also agree to receive emails containing information regarding new games and/or applications developed by our company or by any of our Partners.
- JURISDICTION AND APPLICABLE LAW
- The Hungarian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. This Agreement is governed by Hungarian law. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.
- VARIATIONS
- We may revise this Agreement at any time by amending the pages upon which they appear on our Website, but with giving notice of such modifications. You will have to accept the new version of the this Agreement before it becomes effective. Your continued use of the Website and/or the Golden Battles Game after any modifications indicates your acceptance of the modified Agreement.
- WAIVER
- A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.
- SEVERABILITY
- In the event that any clause or any part of any clause in this Agreement is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in this agreement shall remain in full force and effect and shall not be affected by such finding for the term of this Agreement.
- ASSIGNMENT AND ENTIRE AGREEMENT
- We may assign or subcontract any or all of our rights and obligations of our Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.
- This Agreement contains the entire agreement and understanding between the parties relating to our Website, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between the Privacy Policy and these Terms, then these Terms take priority.
- SUBMISSIONS
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about the Website and/or the Golden Battles Game provided by you to us are non-confidential and may be used by us at our discretion, based on the Policies defined by the Privacy policy (http://help.goldenbattles.com/help/en/Privacy_policy).
- YOUR CONCERNS AND COMPLAINTS
- If you have any concerns about material which appears on our Website, please contact support@goldenbattles.com.
You can also contact us online at http://support.goldenbattles.com/support or on Mibbit at http://chat.mibbit.com/\#goldenbattles.
Thank you for visiting our Website and playing the Golden Battles Game.
Terms and conditions valid until 2015.08.14 23:59:59
1 Subject of the Terms of Service
1.1 The following terms regulate the use of the online game Golden Battles provided by Golden Webmedia Llc., available at www.goldenbattles.com .
1.2 Golden Webmedia Llc. offers the Golden Battles online game within the framework of their technical and operational capabilities with an average annual availability of 99%. This does not include periods of time during which the use of the Game are interrupted or affected by compelling technical reasons or required maintenance work. In these cases Golden Webmedia Llc. is not obliged to provide compensation in accordance with the provisions of this agreement. Periods of time, during which the servers of Golden Webmedia Llc. are unavailable on the internet due to reasons beyond Golden Webmedia Llc.'s control (force majeure, third party responsibility etc.) are also not included.
1.3 The online games are continuously being developed, updated and adjusted further by Golden Webmedia Llc. In regards to that, Terms of Service are subject of change.
1.4 Users are responsible for the suitability and up-to-dateness of their personal hardware and software. The use of Antivirus software and a Firewall is highly recommended.
1.5 The Terms apply to all users of the Games. By playing Golden Battles the users agree on the Terms and accept these as binding. The users are asked to accept them upon registration.
2 Conditions of Registration
2.1 User registration is required for the use of the online game Golden Battles, offered by Golden Webmedia Llc.
2.2 Only natural persons are eligible for registration. Only individuals will be accepted as authorized users (no groups, families, spouses or life partners, etc.).
2.3 By accepting this agreement in connection with an user account, you represent that you are at least 18 years of age and you have the legal authority to enter into this agreement.
2.4 During registration, users have to provide a player name and a valid, registered e-mail address. Usage of disposable e-mail addresses for the purpose of registering is not permitted. Users are not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend common decency. Moreover, no e-mail or web address may be chosen as the player name. Users have to ensure that the information provided to Golden Webmedia Llc. during registration is genuine and complete.
2.5 The registration must be conducted in person. Registration through third parties, especially those that register individual people commercially at various teleservice providers (registration services and/or entry services), is not permitted.
2.6 With the successful registration, the user opens an account ("user account") which the user manages independently. Without the explicit consent of Golden Webmedia Llc., the user account is not transferable and if caught so will result in the banning of all involved accounts.
3 User Obligations
3.1 Users agree to provide Golden Webmedia Llc. with all future changes of their registration data, especially a change in the e-mail address, without delay. Users are obliged to confirm the accuracy of their data towards Golden Webmedia Llc. upon request.
3.2 Users are obliged to keep login data as well as all identification and passwords strictly confidential.
3.3 The terms "user name", "player name" and "password" include all letter and/or character and/or number sequences, used to authenticate users and to prevent use by an unauthorized third party. The password should not be identical with the player name, and it should consist of a combination of numbers and letters.
3.4 Users are obliged to protect all personal data and password from unauthorized access of third parties.
3.5 Users are under no circumstances entitled to use the personal data and/or password of another user.
3.6 The use of Golden Webmedia Llc.'s internet sites through an anonymization service that is hiding the true IP address of the user is not permitted.
3.7 The user is only entitled to use the game via common web browsers. Any additional use with additional programs, scripts or other supporting tools is prohibited.
3.8 Golden Webmedia Llc. websites include various contents that are protected by trademarks, copyrights or other means in favor of Golden Webmedia Llc. or for the benefit of third parties. Copyright information and brand names may not be changed, suppressed or eliminated.
3.9 Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Golden Webmedia Llc.s internet sites or individual services, as well as from accessing data to which users is not entitled to.
4 Data protection
4.1 Golden Webmedia Llc. shall handle all personal data which the user submits during the contractual relations strictly confidentially and in compliance with all relevant data protection regulations.
4.2 For technical reasons, participation in the game is not possible without saving user data. The user agrees to the electronic saving and processing of his/her data by applying to open a game account.
5. Specific terms for the Use of Golden Battles
5.1 Public Rules
5.1.1. Excessive trolling or flaming other users is not permitted.
5.1.2. Creation of character names that may be offensive is not permitted. In case of complaints a name-change will be offered.
5.1.3. Spamming is not permitted in any form.
5.1.4. Accusation of other users of being unlegit unless the user has undeniable evidence and has contacted the Admin on beforehand is not permitted.
5.2 Account rules
5.2.1. Multi-accounting is not allowed. One real person can only possess one account.
5.2.1.1. Usage of the same IP for more than one account is allowed under the strict rule that there should be no money transfer between different accounts with the same IP. If money transfer happens it will be treated as multi-accounting and all involved accounts will get banned.
5.2.2. No feeding is allowed. Per definition feeding is when between two or more accounts money is transferred by extremely over- or underpriced selling of products or services on a regular basis and with no return in value, being a one-sided feeding of the main account. In case of caught doing so all involved accounts will be blocked.
5.2.3. For restarting an account the usage of the "Restart" button is the only way permitted. Creating a new account for the purposes of getting another leader/mentor is strictly fordibben and will result in banning both the new and the old account as well as the instigator account.
5.3 Hacking
5.3.1. Any harmful hacking will get the users account blocked.
5.3.2. Any hacking which gives the user an advantage in the game is not tolerated. In case of caught doing so all involved accounts will be blocked.
5.4 Bugs
5.4.1. To report a bug the user shall use the email address provided by the game support and provide all of the information the user has about what occurred.
5.4.2. Posting possible major or critical bugs/exploits on the forum or chat is not permitted.
5.4.3. In case the user suffered losses due to a bug, game support shall be contacted with details on the bug and the losses suffered.
6. Virtual Property
6.1 Virtual euros, gold and any national currency are exclusive property of Golden Webmedia Llc.
6.2 Virtual goods including any item, company, assistant or soldier do not represent a real value.
6.3 Users are permitted to sale the usage rights on any virtual property owned by Golden Webmedia Llc. only to other users who are possessing a game account and have accepted the Term of Service upon registering.
6.4 By purchasing virtual euros users get the exclusive right to use the property of Golden Webmedia Llc. for game purposes for the value of the purchase. Value of virtual gold and currencies is subject of change according to ingame developments.
6.5 Withdrawing euros from the game will result in the user selling Golden Webmedia Llc. the exclusive rights to use its own property back (e.g. virtual euros) in the value of the same amount. Fees of withdrawing are paid by the user.
7. Breach of Duty and Liability
7.1 Golden Webmedia Llc. is not liable for damages resulting from a breach of duty by users.
7.2 Independently of additional legal or contractual rights Golden Webmedia Llc. may take action against users who are in breach with Terms of Service according to it's own judgement based on the Game Rules and Terms of Service.
7.3 By registering and accepting the Terms of Service users agree to accept the decisions made and actions taken by Golden Webmedia Llc. based on the Terms of Service and Game Rules without any follow-up legal actions taken.
7.4 If users have been blocked or banned, they may not log in again without prior consent of Golden Webmedia Llc..
8 Communication Facilities and Advertising
8.1 Users provide Golden Webmedia Llc. with the permanent, irrevocable, non-exclusive right to use the content that they post by using the communication facilities provided by the game. However users assume responsibility for their published contents and commit to releasing Golden Webmedia Llc. entirely of any third- party claims or lawsuits.
8.2 Users are prohibited from publishing content that:
- violates the law, is improper or is immoral
- violates trade marks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties
- is obscene or racist nature
8.3 The use of advertising suppressing measures is prohibited. It is irrevelant whether advertising is deliberately suppressed or generally blocked e .g. by so-called Pop-Up Blockers, text-based browers or similar.
8.4 Advertising is only permitted in the form the game is offering it. Any advertising of outgame products, services or websites on the forums in chat or personal messages without the prior consent of Golden Webmedia Llc. is strictly forbidden.