EternaVerse Terms of Service

1. ACCEPTANCE OF TERMS

   EternaVerse welcomes you. EternaVerse provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://frontier.eternaverse.org/index.php?page=agb . In addition, when using particular EternaVerse owned or operated services, you and EternaVerse shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

   EternaVerse provides users with access to a rich collection of resources, including various communications tools, forums, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for EternaVerse to provide the Service. You also understand and agree that the Service may include certain communications from EternaVerse, such as service announcements, administrative messages and the EternaVerse Newsletter, and that these communications are considered part of EternaVerse membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new EternaVerse properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that EternaVerse assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. EternaVerse PRIVACY POLICY

   EternaVerse collects minimum data and information from you. Such can be your ip adress and your hostname. To ensure we are publishing content customers need and want, EternaVerse collects aggregated site-visitation statistics using cookies. We do not track individuals use of the site. When someone visits the site, a cookie is placed on the customers machine (if the customer accepts cookies) or is read if the customer has visited the site previously. If you choose to not have your browser accept cookies from the EternaVerse.com Web site, you will be able to view the text on the screens, however you will not experience a personalized visit nor will you be able to subscribe to the service offerings on the site.

4. USAGE FEES

   Unless otherwise stated, the use of service offered is free of charge. The user may, however, purchase individual service offerings and individual features offered in the context of EternaVerse. The user is informed separately on the kind of features for purchase, especially what function each feature has, possibly of the duration of availability of the feature for purchase, the purchase price and the available payment method in connection with the game.

   Where a minor wishes to buy features for purchase, he assures that he/she received the funds to buy the features for purchase from his/her legal guardian for this purpose or for unrestricted use. The agreed-upon charges are due for payment with the conclusion of the contract. The debit payment is made typically through the respective authorized service provider, whereby the withdrawal can be made a few days in advance to guarantee continuous usability. In individual cases, general terms and conditions included by the authorized service provider may be applicable.

   The user assures that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct.

   The payment options vary according to the participant country and the market availability of technically feasible payment options. EternaVerse reserves the right to amend its payment options.

   EternaVerse reserves the right to change the fees of the in-game features (including virtual currencies). This includes EternaVerse`s right to increase or decrease fees for all singular in-game features for all future transactions.

   In case of default, statutory interest accrues. EternaVerse is also entitled to block the user account, to recover damages and to terminate services.

   Should EternaVerse through a fault of the user (including an inadequate account balance) incur back charges or cancellation fees, the user shall bear the related costs. EternaVerse is allowed to request these costs and the accrued charges. If payment is made by credit card, back charges are incurred up to 50 EUR per credit card transaction plus bank charges incurred by EternaVerse. EternaVerse is entitled to charge further compensation.

5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

   Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

   EternaVerse does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant EternaVerse the following worldwide, royalty-free and non-exclusive license(s), as applicable:

   1. With respect to Content you submit or make available for inclusion on publicly accessible areas of EternaVerse, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific EternaVerse to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or EternaVerse removes such Content from the Service.

   2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or EternaVerse removes such Content from the Service.

   3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

   "Publicly accessible" areas of the Service are those areas of the EternaVerse network of properties that are intended by EternaVerse to be available to the general public.

7. CONTRIBUTIONS TO EternaVerse

   By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to EternaVerse through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) EternaVerse is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) EternaVerse shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) EternaVerse may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of EternaVerse without any obligation of EternaVerse to you; and (f) you are not entitled to any compensation or reimbursement of any kind from EternaVerse under any circumstances.

8. INDEMNITY

   You agree to indemnify and hold EternaVerse and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE

   You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. MODIFICATIONS TO SERVICE

    EternaVerse reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EternaVerse shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION

    You agree that EternaVerse may, under certain circumstances and without prior notice, immediately terminate your access to the Service.

12. DEALINGS WITH ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EternaVerse shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because EternaVerse has no control over such sites and resources, you acknowledge and agree that EternaVerse is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EternaVerse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. ETERNAVERSE PROPRIETARY RIGHTS

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by EternaVerse or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    EternaVerse grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by EternaVerse for use in accessing the Service.

15. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EternaVerse AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    2. EternaVerse AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.

    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EternaVerse OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

    5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

16. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT EternaVerse AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EternaVerse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

    EternaVerse and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

19. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

20. NOTICE

    EternaVerse may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.

21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    EternaVerse respects the intellectual property of others, and we ask our users to do the same. EternaVerse may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide EternaVerse the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    2. a description of the copyrighted work or other intellectual property that you claim has been infringed

    3. a description of where the material that you claim is infringing is located on the site

    4. your address, telephone number, and email address

    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.

    EternaVerse's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

    By email: [email protected]

22. Choice of Law and Forum

    The TOS and the relationship between you and EternaVerse shall be governed by the laws of the Canadian Government without regard to its conflict of law provisions. You and EternaVerse agree to submit to the personal and exclusive jurisdiction of the courts located within the province of British Columbia, Canada.

23. GENERAL INFORMATION

    Entire Agreement. The TOS constitutes the entire agreement between you and EternaVerse and governs your use of the Service, superseding any prior agreements between you and EternaVerse with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EternaVerse services, affiliate services, third-party content or third-party software.

    Waiver and Severability of Terms. The failure of EternaVerse to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.