Updated: December, 2013
Read through the following agreement and click "Agree" to proceed or "Disagree" to abort the Account Creation process.
Welcome to EuroGamez!
Accesses to EuroGamez’s games are available only to download as a software license in the EuroGamez, which is subject to an End User License Agreement in EuroGamez.
1. Establishment of Your EuroGamez Account
You may establish one (1) user account ("Account") with which you play EuroGamez by accessing EuroGamez GmbH's proprietary on-line service ("Service"), pursuant to the terms, conditions and restrictions contained in this Agreement.
In order to establish an Account, you must be a 'Person,' who is over the age of twelve (12) years old or of legal age in the country you currently reside in. Corporations, Limited Liability Companies, partnerships, or any other form of legal entity other than that of a "person" may not establish an account, and by accepting this Agreement, you hereby represent and warrant these eligibility requirements. You may not share your Account with anyone, except that if you are a parent or guardian, you may permit one (1) minor to use the Account instead of you (in which case you may not use that Account at the same time). You are liable for all activities conducted through the Account, including any activities which may be conducted by your minor that you allow to use your Account. This information is used to identify you, as a "unique user" of EuroGamez. As such, it is imperative that you provide EuroGamez GmbH with accurate, up to date information. In the event that EuroGamez GmbH learns that you have provided false or misleading registration information, EuroGamez GmbH reserves the right to immediately terminate your Account.
Your Account may be suspended for non-payment, and you may be responsible for any and all bank or service charges incurred in connection with payment of charges to your Account, and for any costs of collection including reasonable attorney's fees.
During the registration process, you will be required to select a user name and a password that are specific to your Account. Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password and your Account.
You may not disclose your Password to anyone, or allow your Password to be used by anyone beside yourself or your one (1) minor child to play EuroGamez.
Any damage or harm that may result to your Account, or to EuroGamez, due to lost or deleted characters due to your disclosure of your Password, or due to the discovery of your Password by a third party, is your sole responsibility.
EuroGamez GmbH does not recognize the transfer of Accounts between individuals.
2. Limitations on Your Use of EuroGamez
Your license to use EuroGamez is limited by a number of factors which are listed here, and which are contained within the EuroGamez's End User License Agreement which you were required to accept when you created a EuroGamez account.
Limitations on your right to use EuroGamez may include, but not necessarily be limited to, the following:
EuroGamez GmbH expressly reserves the exclusive right to create derivative works based on EuroGamez. This means that you may not create derivative works based on EuroGamez, without the prior express, written permission of EuroGamez GmbH!
You may not modify EuroGamez’s games to change game-play, including, but not limited to, the creation of cheats and/or hacks, nor may you use any third-party software which is running at the same time as EuroGamez’s games that accesses files which are part of EuroGamez, for any reason whatsoever.
Additionally, you may not utilize any "packet sniffing" software, regardless of the operating system utilized by such software and regardless of whether or not such tools are running on the same computer as EuroGamez’s games software or any computer connected to the EuroGamez’s games software or its network, or otherwise monitor EuroGamez’s games network connection while you or anyone else is playing EuroGamez’s games.
You may not institute an attack upon a EuroGamez server or otherwise deliberately attempt to disrupt EuroGamez servers.
You may not institute any such attack which results in the disruption of any other player's EuroGamez’s game software.
ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DELIBERATELY DAMAGE EuroGamez OR UNDERMINE THE LEGITIMATE OPERATION OF EuroGamez IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, EuroGamez GMBH RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation.
You may not modify any files which EuroGamez GmbH does not specifically authorize you to modify.
You may not remove, alter or conceal any proprietary notices or labels on EuroGamez without the prior consent, in writing from EuroGamez GmbH.
You may not exploit EuroGamez for any commercial purpose, including, but not limited to, performing "power leveling" services to other users of EuroGamez for "real" money.
3. EuroGamez - Rules of Conduct
As with all things, EuroGamez is governed by certain rules of conduct that must be adhered to by all users of EuroGamez.
It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be "exhaustive," and EuroGamez GmbH reserves the right to determine what conduct it considers to be outside the spirit of the game and to take such disciplinary measures as it sees fit.
4. Rules Related to User Names
Each user will select a user name for his or her character. Additionally, users may form "clans" and such clans will be required to choose a name for the clan. When you choose a user name, create a clan, or otherwise create a label that can be seen by other players of EuroGamez's games, you must abide by the following guidelines as well as the rules of common decency.
If EuroGamez GmbH, in its sole discretion, finds such a label to be offensive, it reserves the right to change the name, remove the label and corresponding chat room, and/or suspend your use of EuroGamez's games. In particular, you may not use:
(i) Names of another person with the intent to impersonate such person;
(ii) Names which incorporate 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(iii) Names subject to the rights of any other person without authorization;
(iv) Names of popular culture or media personalities;
(v) Names that are trademarks, or registered trademarks of EuroGamez GmbH or other companies;
(vi) Names of religious deities or figures;
(vii) Names of characters from EuroGamez GmbH's EuroGamez products, including character names from EuroGamez’s games series;
(viii) Names related to drugs, narcotics, or criminal activity, including references to drug substances;
(ix) Names comprised of partial or complete sentences (e.g., "Kickyouout", "Ihateyou", etc);
(x) Names comprised of pure gibberish (e.g., "Asdfasdf", "Jifms", "Hvlldrm");
(xi) Names that refer to pop culture icons or personas (e.g. "Britneyspears", "iPod", "Batman");
(xii) Names that incorporate titles. The term "Titles" as used herein shall include 'rank' titles (e.g., CorporalTed," or "GeneralVlad") and/or fantasy titles (e.g., "KingMike", "LordSanchez").
Additionally, you may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
5. Rules Related to "Chat" and Interaction With Other Users Communicating with other Users and EuroGamez GmbH representatives is an integral part of EuroGamez and is referred to in this document as "Chat."
Your Chats may be subject to review, modification, and deletion without notice by EuroGamez GmbH.
Additionally, you hereby acknowledge that EuroGamez GmbH is under no obligation to monitor Chat and you engage in Chat at your own risk.
When engaging in Chat in EuroGamez, or otherwise utilizing EuroGamez, you may not:
(i) Transmit or post sexually explicit images or other content or language which in the sole discretion of EuroGamez GmbH is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable content or language, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
(ii) Carry out any action with a disruptive effect, such as cause the Chat screen to "scroll" faster than other users are able to type to it, including setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of the Chat;
(iii) Disrupt the normal flow of dialogue in the Chat or otherwise act in a manner that negatively affects other users, individuals or entities, including, but not limited to, posting "Spam" messages on EuroGamez ("Spam" messages as used in this document include, but are not limited to, any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to EuroGamez & EuroGamez’s games);
(iv) "Spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;
(v) Communicate or post any user's personal information in or on EuroGamez, or websites or forums related to EuroGamez;
(vi) Using bots or other automated techniques to collect information or communicate or post any user's personal information in or on EuroGamez, or websites or forums related to EuroGamez or EuroGamez GmbH;
(vii) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to another user of EuroGamez or other person or entity;
(viii) Cheat during game play, including but not limited to modification of the game program files;
(ix) Participate in any action that, in the opinion of EuroGamez GmbH results in an authorized user of EuroGamez being "scammed" or "defrauded" out of gold, weapons, armor, or any other items that he/she has earned through authorized game play in EuroGamez’s games.
6. Rules Related to Game Play
(i) You may not use or "exploit" errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
(ii) All connections to EuroGamez’s games, whether created by the EuroGamez GmbH software products or by other tools and utilities, may only be made through methods and means expressly approved by EuroGamez GmbH. Under no circumstances may you connect, or create tools that allow you to connect to EuroGamez's private binary interface or interfaces other than those explicitly provided by EuroGamez GmbH for your use;
(iii) You may not use any tools which hack or alter EuroGamez’s game clients or server software;
(iv) You may not use software products which "packet sniff" or provide scripting and/or macroing to obtain information from EuroGamez to gain a competitive advantage over other players;
(v) You may not do anything that EuroGamez GmbH considers contrary to the "essence" of EuroGamez.
7. Account/Password Security
You are responsible for maintaining the confidentiality of your Password, and you will be responsible for all uses of your Password, whether or not authorized by you. Also, note that the security of your account is your responsibility. EuroGamez GmbH is not responsible in the event that your account is "hacked," or if your account or computer is damaged by a virus, or for any other issues with your computer or your account which may occur in conjunction with your use of EuroGamez.
If you think that your account has been compromised, please contact EuroGamez's Technical Support, or by sending email to EuroGamez GmbH's Technical Support, and EuroGamez GmbH will make an effort to assist you in recovering your account safely. This includes helping with resetting passwords, billing issues, and offering basic suggestions for improving your account security. If you report your account stolen, hacked, or in any other way compromised, EuroGamez GmbH will suspend the account while we fully investigate the matter. Following this investigation, EuroGamez GmbH will determine the appropriate course of action.
8. Consequences of violating the Code of Conduct
EuroGamez GmbH, in its sole discretion, reserves the right to take whatever action it deems necessary to preserve the integrity of EuroGamez. Violation of any of the terms and conditions set forth above may result in actions being taken by EuroGamez GmbH, effective immediately or at a time determined by EuroGamez GmbH, which may include, but not be limited to the following:
(i) EuroGamez GmbH may temporarily suspend your access to EuroGamez;
(ii) EuroGamez GmbH may permanently terminate your access EuroGamez, and/or
9. Experience Reimbursement
First and foremost, nothing in these rules will ever place a "duty" upon EuroGamez GmbH to reimburse you by providing experience credit for any experience lost for any reason. That being said, EuroGamez GmbH may, at its sole option, determine to reimburse experience lost by players in certain extreme and unusual situations.
For instance, EuroGamez GmbH may decide to reimburse experience lost in the event of a catastrophic server failure. But remember that it is completely up to EuroGamez GmbH to determine which situations would justify experience reimbursement. In no event is EuroGamez GmbH obligated to provide any monetary reimbursement or monetary credit.
10. Online Duration
EuroGamez GmbH agrees to provide the servers and software technology necessary to access the Service for the "on-line" component of EuroGamez’s games until such time as EuroGamez’s games are "Out of Publication." EuroGamez shall be considered "Out of Publication" following the date that EuroGamez’s games are no longer manufactured and/or distributed by EuroGamez GmbH, or its affiliates. Thereafter, EuroGamez GmbH may, in its sole discretion, continue to provide the service or EuroGamez GmbH may license to third parties the rights to provide the Service.
However, nothing contained herein shall be construed so as to place an obligation upon EuroGamez GmbH to provide the Service beyond the time that EuroGamez is Out of Publication.
Neither the Service nor EuroGamez GmbH's agreement to provide access to the Service shall be considered a rental or lease of time on or capacity of EuroGamez GmbH's servers or other technology.
EuroGamez GmbH reserves the right, at its sole discretion, to change, modify, add, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any EuroGamez's feature, hours of availability, content, data, software or equipment needed to access EuroGamez, the amount of, or basis for determining, any fees or charges for EuroGamez, and institution of new fees or charges for EuroGamez, effective upon prior notice as follows:
If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your EuroGamez account and terminate the account.
The continued use of EuroGamez by you following notice of changes to this Agreement will mean you accept any and all such changes. EuroGamez GmbH may change, modify, suspend, or discontinue any aspect of EuroGamez at any time. EuroGamez GmbH may also impose limits on certain features or restrict your access to parts or all of EuroGamez without notice or liability.
This Agreement is effective until terminated by either party.
You hereby acknowledge that:
(i) You assume the cost of all telephone charges and necessary equipment, servicing, repair or correction for connecting to EuroGamez;
(ii) As part of your registration process and in consideration for the privilege of accessing EuroGamez, EuroGamez GmbH has the right to send your computer one or more "cookies" without any further notice, and EuroGamez GmbH has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice;
(iii) EuroGamez GmbH has the right to obtain "non-personal" data from your connection to EuroGamez in order to make certain demographic assumptions regarding the users of EuroGamez without any further notice;
(iv) In order to assist EuroGamez GmbH to police users who may use "hacks," or "cheats" to gain an unfair advantage over other players, you acknowledge that EuroGamez GmbH shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, etc. This information will only be used for the purpose of identifying "cheaters," and for no other reason.
EuroGamez’s games are provided "as is" and EuroGamez GmbH does not warrant that EuroGamez will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components, and EuroGamez GmbH expressly disclaims all express or implied warranties with respect to EuroGamez, including without limitation any warranties of its condition, defects, use, merchantability or fitness for any particular purpose or use, and non-infringement.
The use of any "user interface" other than the user interface that is included in the EuroGamez Software ("Third Party User Interface") is not recommended by EuroGamez GmbH, and you hereby agree and acknowledge that you shall be solely liable for any damage which may occur to your Account, your computer(s), the Service, or any other damage that may result related to your use of a Third Party User Interface.
ALSO, NEITHER EuroGamez GMBH NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL THE LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
You may not be able to access EuroGamez whenever you want, and there may be extended periods of time where you cannot access EuroGamez;
EuroGamez GmbH shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of EuroGamez GmbH, including, but not necessarily limited to any failure to perform hereunder due to unforeseen circumstances or cause beyond EuroGamez GmbH's control, including but not limited to acts of God, war, riot, embargoes; acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
While keeping Game Data safe is a priority of EuroGamez GmbH, note that EuroGamez GmbH shall not be liable for the loss of any Game Data for any reason whatsoever, including but not limited to server failure, telephonic or network interruptions of any kind, defects, viruses or other harmful components, or negligent acts of EuroGamez GmbH and/or its affiliates;
EuroGamez GmbH reserves the right, in its sole discretion, to modify or delete any information, including but not limited to Game Data and any other information accumulated, stored or uploaded on EuroGamez;
You are entirely liable for all activities conducted through your EuroGamez account, and are responsible for ensuring that any other person who uses your EuroGamez account is aware of the terms of this Agreement and complies with this Agreement. In the event that you become aware of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password, you will notify EuroGamez GmbH by e-mailing help@EuroGamez to report the suspected breach of security related to your EuroGamez account immediately;
EuroGamez GmbH will not be liable for any circumstances arising from the unauthorized use of a User Name, user's password or user's EuroGamez account. Any fraudulent, abusive, or otherwise illegal activity involving your EuroGamez account may be reported to appropriate law-enforcement agencies by EuroGamez GmbH. The terms of this Agreement shall extend to anyone that you allow to use your EuroGamez account, User Name, player's character(s) or player ship(s), and you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including but not limited to termination of your account, and loss of your User Name, characters, ships and so on.
14. Equitable Remedies
In the event that you breach this Agreement, you hereby agree that EuroGamez GmbH would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that EuroGamez GmbH shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as EuroGamez GmbH may otherwise have available to it under applicable laws. In the event that any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
ⓒ EuroGamez GmbH in Germany and/or other countries. All rights reserved.