Användarvillkor

SevenGames Community General Terms of Use

1 Preamble

SevenOne Intermedia GmbH, Medienallee 6. 85774 Unterföhring, Germany (hereinafter to be referred to as "SIM") operates the internet games platform „SevenGames“ with the URL www.sevengames.se (hereinafter to be referred to as  "SevenGames Platform")

This is an agreement between you and SIM. In this agreement we call ourselves either „SIM“, „we“ or „us“. You are an individual, and will be referred to as “member” or “user”. The data you will give have to be complete and true.

2 Scope

2.1. SIM enables the access to the SevenGames Platform and its usage solely on the basis of this agreement. This agreement governs the relationship between SIM as operator of the SevenGames Platform and the users of the SevenGames Platform.

2.2. The Terms of Use apply to all content, functions, tools and other services (to be referred to as „Services“), which SIM offers on the SevenGames Platform. The service is offered to the users under the condition that the user accepts these terms and the directions in these terms without change by the user. By accepting these terms of use in the registration process, users add their electronic signature to this agreement and accept this agreement.

2.3. For certain services additional terms of use may apply (to be referred to as „additional terms“); SIM will inform users in time before the usage of such services about possible existing additional terms.

2.4. Usage of certain services within the SevenGames Platform – especially such which require the acceptance of additional terms or a special acceptance – may be limited to certain users and/or user groups.

2.5. User has the right to start using the service as soon as he has finished the registration process. There is no right of withdrawal and no test phase, unless this is required by law.

3 Subject

3.1. SIM provides the SevenGames Platform to registered users solely for private usage. The SevenGames Platform offers members the opportunity to create a profile and has the purpose of playing together and to communicate with other players.

3.2. The SevenGames Platform lives on authentic members and that these members create multimedia contents (texts, pictures videos) in many spaces, such as the profile, in groups, blogs etc. Thereby the members actively create the identity of the SevenGames Platform. The main focus of the SevenGames Platform is playing and communication of the members with the other members. Therefore SIM offers many functions and tools (e.g. search tool, friend lists, message functions, chats, groups).

3.3. Certain functions are limited with regard to the volume; therefore old contents will be automatically deleted in these functions after a certain number of days. E.g. the number of status messages is limited. These limitations are defined by SIM at SIM’s sole discretion and may be adjusted at any time. Members will be informed about such limitations in the relevant places on the SevenGames Platform.

3.4. Any usage of the SevenGames Platform which does not comply with the intended purpose requires the approval of SIM. Especially the usage of the SevenGames Platform for any commercial and/or promotional reason requires in each single case the prior written approval of SIM and may only be carried out if such a written approval exists.

3.5. SIM reserves the right to adjust the SevenGames Platform at any time in its contents, structure or volume, and to extend, limit or to shut down the platform. Users are aware that a permanent availability of the SevenGames Platform is technically not possible and therefore they have no claim on this against SIM. SIM reserves the right to suspend or limit individual services at its own discretion due to maintenance, security and/or capacity reasons.

3.6. With regard to communication of the members with each other and possible business transaction amongst the members and external service providers, SIM is not immediately involved and will not become a contractual partner. By providing the SevenGames Platform SIM solely offers a platform to connect the users and provides the technical requirements, which enable playing together and communication amongst the members.

4. Registration and Membership

4.1. Registration and membership at the SevenGames Community are free of charge. SIM has no influence on current internet costs.

4.2. In order to be able to use the SevenGames Platform the user has to register. During the registration process he has to agree to the terms of use. For the registration SIM requires a valid email address and a “nick name”, with which the user wants to appear.

4.3. Only users which are 18 or older and are contractually capable or have the permission of their authorised representative may register.

4.4. During the registration the requested obligatory data (especially the email address, last name first name and date of birth) have to be true. Furthermore, the user has to ensure that he has no SevenGames account so far and that he does not entertain any accounts on the SevenGames Platform by using fake names or any other wrong data (fake profile). For each person / IP only one membership is permitted. Wrong data and / or several memberships of the same person enable SIM to immediate termination of the user contract and to carry out the deletion of the account.

4.5. When registering the user has to choose a secure password (min. 6 to max 12 signs). He is obliged to keep his password secret and may not pass it on to third parties.

4.6. The registration will be finished via a conformation link or by entering a confirmation code. User will receive this link or key via a confirmation email, which will be sent to the address given during the registration. The user contract becomes active with the activation of this confirmation link.

4.7. If the registration is not completed SIM reserves the right to delete the uncompleted account and all the data entered so far.

4.8. There is no right to register or conclude a user contract. SIM may decline a registration without giving reasons.

4.9. SIM cannot warrant and assume liability for the true identity of a member; a member has to assure himself of the identity of another member. However, SIM reserves the right to request respective verification concerning identity and age. Should such respective verification not be rendered within the timeframe set by SIM or wrongly, SIM will delete the respective member.

5. Subject of use / grant of rights

5.1. After the successful registration member has the opportunity to use the SevenGames Platform via the log-in function; the member has to enter the stored email address and the pass word which the member has chosen.

5.2. Member has the opportunity to enter further personal details in his user profile after the log in. However, we do point out that some data of the user profile (nick name, avatar picture, high scores, date of registration) will be visible to everybody. For all further data the user can control the visibility of his profile to such extent that his profile will only be visible to other logged in users.

5.3. Furthermore, user has the opportunity to state his current status in the community (so-called micro blogging). During his participation in the community the member is free to give his opinion to certain topics or to provide other texts and information. All this information will be made available to the other users. User explicitly agrees to this transmission.
5.4. With the usage of the SevenGames Platform user grants all necessary rights free of charge to make all contents entered by him available via the internet, and to place commercials around the entered contents, also target group guided, anonymously (so-called targeting). This also includes the right to edit the entered contents, especially all necessary technical editing (e.g. change of resolution of pictures and videos….).

Apart from this user grants SIM the right to use, follow up, store, copy, spread, distribute, transmit, exhibit publicly, demonstrate and reproduce his game points, game sessions, presence on the platform, gradings, statistics, contributions and other user information with or without ascription to his gamer tag and without announcement or refund to the user, in order to evaluate and enable the features and functions of the SevenGames services such as achievements and competitions.

5.5. The rights granted to SIM by the individual member will be extinguished as soon as the user agreement of the respective member is terminated or when the contents will be removed from the SevenGames Platform.

5.6. Member guarantees to have all necessary rights for any and all contents provided by him/her on the SevenGames Platform. In case that SIM will be made liable by third parties (including government bodies) because of infringement of any law and/or third party rights, e.g. copyrights, intellectual property rights of third parties through the contents provided by the user, the user will indemnify SIM from such claims of third parties and reimburse SIM for any and all costs related to the infringement, i.e. e.g. any monetary claims, costs for legal defence, fines of media authorities.

6. CHARGES AND ACCOUNTING

6.1. In case user pays for the service (either now or in future) and/or for additional contents and services which are available for purchase via the service (e.g. SevenGames Coins) and if user in such case uses a certain form of payment, e.g. a credit card (“means of payment”), the conditions of this clause 6 apply.

6.2  User confirms that he only uses means of payment for which he has the rights of usage for. User pays all purchases in advance. Purchases will be accounted when the purchases takes place. User is obliged to give all accounting information correctly.

6.3. SIM may change prices of the services or other contents from time to time. SIM will inform the users about any change. If the user doesn’t agree to these changes he is obliged to terminate the service or other content and quit his usage, before the changes come into effect. If he terminates the service or other content, his service or other content will terminate immediately.

6.4. Fees cannot be refunded, except if stated otherwise or governed differently by law.

7. SevenGames Coins

7.1 User may participate in the SevenGames-Coins Service that is provided by SIM. The SevenGames-Coins Service is a service through which user obtains so called “SevenGames-Coins” which he then can exchange for certain online services and digital products. User can obtain the SevenGames-Coins in different ways: SevenGames-Coins can be bought or they may, for example, be credited within SevenGames activities.

7.2. If user obtains SevenGames-Coins, he thereby has purchased a limited license for a digital product. SevenGames-Coins do not represent cash value. User cannot exchange SevenGames-Coins with cash or any other monetary means; it is irrespective in which way he has obtained the SevenGames-Coins. SevenGames-Coins are not his personal property. His sole entitlement is the usage of SevenGames-Coins in exchange for certain online services or digital products, which SIM offers for redeeming the SevenGames-Coins. The range and the definition of the online services and digital products, which user can obtain for the SevenGames- Coins, may be changed at any time.

7.3. SIM may terminate, interrupt or limit in any other way user’s access to such user’s SevenGames-Coins account, if it is suspected that the SevenGames-Coins account is used for fraudulent, abusive or other illegal activities. If SIM terminates, interrupts or limits the access to the SevenGames-Coins account the user’s right of usage of the SevenGames-Coins account expires immediately.

7.4. If a user claims that he has purchased SevenGames-Coins legally which have not been accredited to his account, he has to approach SIM within 12 months after the alleged purchase of the SevenGames-Coins. User must provide verifications for his claim of purchase.

8. Duties of Members

The SevenGames Platform is a social Games Community in which users play and communicate together. The compliance of certain rules and duties are indispensable requirements for the functioning of a social Games Community.

By accepting these terms and conditions member commits to comply with all following duties of members:

8.1 Access data must not be disclosed and may not be given to any third party. Members are not allowed to give third parties access to the SevenGames Platform with their user data. Members are obligated to inform SIM if there is a reason to assume that a third party knows the user data and / or that an account is misused.

8.2. Member is responsible for all contents (e.g. texts, pictures, videos, graphics and links) which he publishes and distributes on the SevenGames Platform. Therefore it is in the user’s field of responsibility to make sure that the respective contents are lawful; in particular that they do not infringe effective laws or morality, and no Third Party rights including personal rights and copyrights, and that the contents are not harmful to minors.

8.3. It is strictly forbidden to enter, make available or distribute contents on the SevenGames Platform, if and to the extent of which statutory provisions, third party rights or morality are infringed by these.

8.4. Should possible critical contents in his profile be pointed out to a member, member has to remove such critical contents immediately. All contents entered by a member in his own profile can be deleted by the member himself at any time.

8.5. The SevenGames Platform and its services may solely be used for private purposes. A member therefore may only use contents of other members, which are published on the SevenGames Platform, for no other purposes apart from the own private communication. Any businesslike or commercial usage of the contents and functions published on the SevenGames Platform is not allowed.

8.6. Contents published by other members on the SevenGames Platform may not be copied, distributed or made publicly accessible in any other way. Usage of computer programmes for automatic readout of data, such as crawlers (Spider, Bots. etc.) is therefore forbidden as well.

8.7. Published (multimedia) contents may reveal very much about a member. The SevenGames Platform offers the opportunity, to use the privacy settings in order to present certain private contents only to certain other member groups. Therefore, the member is obligated when publishing contents to check and decide at his sole responsibility to whom which contents shall be shown.

8.8. It is strictly forbidden to do any kind of spamming on the SevenGames Platform (e.g. mass distribution of messages (SPAM) etc.). This ban also applies to mass mailing and distribution of private contents which might be considered as harassment.

8.9. It is strictly forbidden to molest other members with published contents or actions, singularly or systematically, especially not if the other member indicates that he feels molested by such contents or actions.

8.10. It is strictly forbidden to disrupt the SevenGames Platform or individual members, technically or with regard to contents, through electronic means of any kind (including all hard- and software applied for the operation of the SevenGames Platform), to try to bypass security mechanisms, to intercept data of any kind electronically or manually for any kind of violation, or to make any other hacking activities.
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8.11. It is strictly forbidden to circulate any kind of viruses, worms, Trojan Horses or any other programmes on the SevenGames Platform, or to distribute them via published contents. Member has to safeguard that published contents are free from respective viruses, worms etc.

8.12. Every member is obligated to give notice of infringements of the terms of use to SIM via the respective functions provided on the SevenGames Platform.

8.13. Member holds SIM harmless of any costs, damages, claims of other members or other third parties (including public institutions) against SIM, insofar as these costs, damages, claims have arisen due to infringement of the member of the obligations stated above. The indemnification also includes the costs for necessary legal defence and/or monetary fines.

9 Proprietary rights

All proprietary and trademark rights on the SevenGames Platform (e.g. brand name and logo of sevengames.de) solely belong to SIM and may not be used by members and third parties, neither online nor offline, without written approval of SIM.

10 Infringements by Members: Sanctions of SIM and further consequences

10.1. SIM has at any time the right to suspend users, or to set certain conditions to the further use of the SevenGames Platform. Suspension means that other users will not be able to see the profile data and that the profile owner cannot delete or change profile data.

10.2. Suspension or limitation will especially be considered if a member infringes against statutory provisions, third party rights, morality and/or the SevenGames code of conduct, or if SIM has legitimate interest in the suspension, especially if the user used or sustains wrong data, if preliminary proceedings are being carried out against the user, if services of the SevenGames Platform were misused or if any other good cause exists. Legitimate interests of the member will be considered in connection with the suspension.

10.3. SIM reserves the right to delete multimedia contents and/or links to other members without advance notice, if and insofar SIM has concrete evidence that a publication on the SevenGames Platform infringes with statutory provisions, morality, third party rights or the SevenGames code of conduct.

10.4. If and insofar concrete evidence is given that a member infringes statutory provisions, Third Party rights, morality and/or the SevenGames code of conduct, SIM will impose sanctions against the member.

10.5. When choosing the respective sanction SIM will consider the legitimate interests of the affected member, e.g. it will be considered if the misconduct occurred to no fault of the user, or if the misconduct was committed deliberately. The following actions and sanctions SIM may consider to use:

• Partial or total deletion of the user’s contents.

• Admonishment of the user.

• Limitation of the usage of applications on the SevenGames Platform.

• Temporary suspension of a user.

• Permanent suspension of a user.

• Reporting the offence to the police.

• To claim damages.

10.6. If a user has been suspended all further use of the SevenGames Platform is forbidden. A suspended member is not allowed to register again.

11 Termination

11.1. If a member does not want to use the SevenGames Platform anymore, he may terminate the user contract at any time. For such termination it is sufficient that the member writes an email to SIM at se@sevengamesinfo.com, in order to receive the deletion details. For certain services termination fees may be charged. A termination of the service does not alter the user’s obligation to pay all fees for which the member has been charged until then.

11.2. SIM may change or terminate the service or functions, games or other contents at any time without liability to the user. SIM has the right to terminate the service at any time or to interrupt the delivery of the service. Termination or interruption of the service may be carried out without special reason and / or without notice. With the termination of the service the user’s right of usage of the service terminates immediately. Termination of the service by SIM does not alter the member’s obligation to pay all fees which have been charged to him until this moment. If SIM terminates the whole service without special reason, SIM will refund member pro-rata the amount of his payment to SIM, which matches the remaining share of his service directly before the termination.

12 Liability

12.1. SIM does not assume any warranty and/or liability for the information or statements given by its members on the SevenGames Platform.

12.2. According to legal regulations SIM as a service provider is not obligated to supervise the transmitted or stored information of the users of the SevenGames Platform or to search for circumstances which indicate an unlawful action. However, in the event that SIM gains knowledge of an unlawful action of a member or an information on the SevenGames Platform, this information will be deleted immediately or the access to these contents will be barred; furthermore respective sanctions will be evaluated and carried out, as the case may be.

12.3. SIM does not assume any warranty or liability for the games and offers provided by cooperation partners on the SevenGames Platform. The cooperation partner / games provider by himself is responsible for the handling of all orders and the compliance of all demands arising from the games agreements which users conclude with the cooperation partners. Cooperation partners are not vicarious agents to SIM.

12.4. SIM is not liable for damages which may be caused through mistakes, delays or interruption in transmission, disfunction of technical devices and services, wrong contents, loss or deletion of data, viruses or in any other way by users; however, SIM is fully liable for damages which are caused by damages to life, body or health, or a deliberate or negligent violation of obligation by SIM or its legal agent or vicarious agents and other damages which are caused by deliberate or wanton negligent violation of obligation or fraudulent intent.

13 Availability

SIM does not guarantee for a consistent availability of the service. In case of data base failure or an malicious interference with the system a current backup will be put in. Statistics and user credits will thereby be reset to the moment of the backup. There is no claim for lost licenses / services.

14 Data Protection

The conception of the SevenGames Platform is the voluntary publication and reception of data and contents on the SevenGames Platform. Processing and usage of individual-related data by SIM complies with the applicable data protection laws.

15 Final provisions

15.1. This is the whole agreement. There exist no additional verbal agreements

15.2. If SIM changes this agreement, SIM will inform user at least 14 days before the changes come into effect either per email or online. SIM also has the right to use other methods if SIM is of the opinion that the user will receive the information via this other method. If the user does not agree with the changes he is obligated to terminate the service and to stop using the service, before the changes come into effect. If the user does not stop using the service the usage agreement will continue according to the new conditions.

15.3. SIM has the right to transfer its rights and obligations from this agreement partly or completely to a third party after notification.

15.4. All declarations which have to be given in the frame of the user agreement which has to be concluded with SIM have to be delivered in written form. The postal address of SIM is: Medienallee 6, 85774 Unterföhring, Germany.

Status as of 28 October 2009