Terms of
Service
Last
Updated: October 28th, 2011
1.
Acceptance
Welcome
to Otherwind. By accessing to our Service you are agreeing to comply with and be
bound by these terms and conditions of use, all applicable laws and
regulations, and agree that you are responsible for compliance with any
applicable local laws. These Terms of Service together with our privacy policy govern Otherwind's relationship with you
in relation to our Service.
The
term 'Service' refers to all our games, applications, websites, activities and
services. The term 'Otherwind' or 'us' or 'we' refers to the owner of the
Service, Otherwind SC, with tax identification number (CIF) J91925099, and
registered office at C/ Calesera, 25, 7D in Seville,
Spain. The term 'you' refers to the user or viewer the Service.
You
must be at least 13 years old or older to use our Service.
If you are 18 years of age or over, you must read, understand and accept these
Terms of Service. If you are between 13 and 17 years old, your legal guardian
must read, understand and accept these Terms of Service. If you are below 13
years old, you are prohibited from using the Service. If you are accessing to
our Service through a social networking website such as Facebook, MySpace, or Google +, you (or your legal guardian) also
must read, understand and agree with their terms of use and their conditions.
By
using this service, you are agreeing to the terms of service in this document.
If you do not agree with any of these terms, you are prohibited from using or
accessing the Service. The materials contained in the Service are protected by
applicable copyright and trademark law.
2.
Right to use the Service
Subject
to your agreement and compliance with these Terms of Service, Otherwind grants
you a revocable, limited, non-exclusive, non-transferable license to access and
use our Service for your own entertainment, communication or information. This
license is subject to these restrictions:
I. You shall not use or exploit our
Service or any part thereof with commercial purpose,
without Otherwind's express consent.
II. You
shall not communicate or facilitate any commercial advertisement or
solicitation.
III. You shall not
gather or transfer any virtual item, such as virtual currency, gold or
equipment, for sale.
IV. You shall not perform any in-game
service, such as collect items or power-level services, play with other
player's game account, or influence on the game of other player's, in
exchange of payment outside the Service.
V. You shall not spam, flood, or
transmit unauthorized communications, or any material that promote
advertisement or malicious software.
VI. You shall not
cheat. You will not use, develop or distribute scripts, hacks, bots, macros
or any other automation program or malicious software which would unbalance the
fair play and modify the game experience designed by Otherwind.
VII. You
shall not disrupt, overburden, attempt to, or assist in the disruption
or overburdening of any server or computer used to offer or support the Service
or other player's computer, and you shall not damage by this way the enjoyment
of the Service and the game experience of any user of the Service.
VIII. You
shall not damage, modify or cause to be modified any files that
are part of the Service.
IX. You shall not violate
the intellectual rights or other rights of any party through the Service in
any manner that infringes any copyright, trademark, patent, privacy, publicity
or other right or any party.
X. You shall not upload malicious
software, such as viruses, worms, Trojan horses or malware in general,
which may collect information from, or damage the operation of the Services or
other users' computers.
XI. You shall not attempt to gain unauthorized
access to the Service, to any server or computer used to offer or support
the Service, to other player's computer or to other player's account within the
Service (games, forums, etc.) or help others to do it.
All
users must know, understand and abide this Code of Conduct, which is Otherwind
maintained and enforced by Otherwind, when using or accessing the Service. Any
of these bad conducts is considered a violation of the Code of Conduct:
I. Abuse, threat, defame, insult or offend to another
user of the Service or Otherwind employee.
II. Post
any information or message which includes offensive content, such as
nudity, explicit or excessive violence, illegal drugs use, and racial, sexual
or religious offenses.
III. Incite, advocate or
attempt to harass, abuse or harm of another user of the Service or
Otherwind employees.
IV. Use the Service
for fraudulent transactions or for any purpose that violates any applicable
law.
These
rules are not meant to be exhaustive and we reserve the right to determine if
determinate conduct violates the Code of Conduct. Violation of this Code may
result, depending on the gravity of the violation (to our discretion) on taking
measures to preserve the Code of Conduct, such as taking disciplinary actions
on his account, revoking temporary or permanently the user's license to use our
Service, terminate his account on the Service or even ban him from further
participation in the Service.
Permission
is granted to temporarily download one copy of the materials (information or
software) on the Service for personal, non-commercial, transitory viewing only.
This is the grant of a license, not a transfer of title, and under this license
you may not:
I. Modify
or copy the materials.
II. Use
the materials for any commercial purpose, or for any public display
(commercial or non-commercial) without express consent.
III. Attempt
to decompile or reverse engineer any software contained on the
Service.
IV. Remove
any copyright or other proprietary notations from the
materials.
V. Transfer
the materials to another person or "mirror" the materials on any
other server.
3.
Intellectual Property
The
Service contains material which is owned by or licensed to us. This material
(referred by the term 'Service Materials') includes, but is not limited to, the
design, layout, look, appearance, text, information, graphics, pictures, video,
artwork, animations, music, sounds, software and other files, except for User
Content defined in next section.
You
acknowledge and agree that:
I. You shall not acquire any
ownership rights by downloading any material, by purchasing any virtual good or
currency, by using the Service or by accessing any Service Materials posted on
the Service.
II. The
Service Materials are protected by copyright laws from authorized.
III. Modify, copy,
reproduce, distribute, display, transmit, sell or exploit the any of the
Service Materials is expressly prohibited and may result in severe civil and
criminal penalties.
All trademarks reproduced in this
website which are not the property of, or licensed to, the operator are
acknowledged on the Service.
Otherwind
reserves all rights without limitation, including all intellectual or other
property rights, in connection with the Service.
4.
User Content
The
term 'User Content' refers all data, information, text, pictures or any other
materials posted or uploaded by the user of our Service, or otherwise
transmitted via the Service. You are the sole responsible for all the User
Content you originate and Otherwind is not responsible of any User Content
originated by the users of our Service. We may or may not to monitor,
record and regulate the User Content available at our Service and we do not
guarantee the accuracy, integrity or quality of the User Content and you agree
that Otherwind is not liable of any User Content. You acknowledge and accept
that you may be exposed to offensive material posted, uploaded or transmitted
by other used.
User
Content is not confidential and will not be returned to the user. Otherwind
reserves the right to edit, refuse to post, remove or permanently delete any
User Content at our sole discretion. Any User Content is subject to unlimited
(promotional, commercial and non-commercial) use by Otherwind. User Content can
be disclosed in response to legal process, to satisfy any applicable laws, to
report a criminal activity, to prevent fraud, to protect our rights of property
or when we have a good faith that there is an emergency that poses a threat to
the health or security of any person.
By
accepting this Terms of Service you provide irrevocable consent to monitor, record, access and disclose all User Content you
generate as described in this section.
You
may notify us of any User Content that you believe violates these Terms of
Service, the Code of Conduct or any other inappropriate behavior by contacting
with our customer support at: support@otherwind.com.
5.
Virtual Goods
Using
our Service is free, and you can play a complete game experience without expend
any money. However, you may earn, obtain or purchase in the Service a license
to use virtual currency, virtual items, in-game enhancements or other virtual
goods. You will not be the owner of the virtual good, what you purchase is a
license of use for them (all these licenses are referred hereinafter by the term
'Virtual Goods'). For this license, you may be asked in exchange 'real money',
a third-party's virtual currency such as Facebook Credits, or completing Otherwind's or third-party's offers, free or non-free. You
acknowledge and agree that your purchase of Virtual Goods is final and
non-refundable, transferable or exchangeable, though we reserve the right
to do it in our sole discretion. If you use virtual currency or offers from a
third-party, you must read and agree the terms of service and payment conditions
of the third-party.
You
are not allowed to purchase, sell or exchange Virtual Goods outside of the
Service. It is an express violation of the Terms of Service and may result,
at our sole discretion, in termination of your license to use the Virtual Good,
termination of your license of use of the Service, delete your account, ban
from further participation in the Service or even taking legal actions.
Otherwind
reserves the right, at its sole discretion, to modify, manage, control or
eliminate Virtual Goods and the right to change availability or prices in any
time without notice. You acknowledge that Otherwind is not required to provide
a refund or any other compensation for any reason for unused Virtual Items when
an account is closed, whether such closure was voluntary or involuntary.
You
will have a personal, non-transferable, limited, revocable permission to use
solely within the Service the Virtual Goods that you earned, purchased or
obtained in any manner authorized by Otherwind.
6.
Termination
Your
license to use the Service may be revoked and your account automatically
terminated by Otherwind at any time if you violate the Terms of Use, and
Otherwind is not required to provide any prior warning or notice about this
termination.
You
may, at any time and for any reason, terminate your account by sending an email
to support@otherwind.com.
Upon
the termination of the license of use for the Service, you must destroy any
downloaded materials in your possession whether in electronic or printed
format. As the result of this termination, you may lose your account and all
data and information associated therewith, along with any Virtual Goods, and
Otherwind is under no obligation to compensate you in any manner for any such
loss.
7.
Disclaimer of Warranty
The
materials on Otherwind's Service are provided
"as is" and you expressly agree that use the Service is at your sole
risk. Otherwind makes no warranties of any kind, expressed or implied, and
hereby disclaims and negates all other warranties, including without
limitation, implied warranties or conditions of merchantability, fitness for a
particular purpose, or non-infringement of intellectual property or other
violation of rights. Further, Otherwind does not warrant or make any
representations concerning the accuracy, likely results, or reliability of the
use of the materials on its Service or otherwise relating to such materials or
on any sites linked to the Service.
The
materials appearing on the Service could include technical, typographical, or
photographic errors. Otherwind does not warrant that any of the materials on
its website are accurate, complete, or current. We
expressly exclude liability for any such inaccuracies or errors to the fullest
extent permitted by law.
Otherwind
may make changes to the materials contained on its Service at any time without
notice. Otherwind does not, however, make any commitment to update the
materials.
8.
Limitation of Liability
In no event shall Otherwind or its suppliers be liable for any damages
(including, without limitation, damages for loss of data or profit, or due to
business interruption,) arising out of the use or inability to use the Service,
even if Otherwind or a Otherwind authorized representative has been notified
orally or in writing of the possibility of such damage. Because some
jurisdictions do not allow limitations on implied warranties, or limitations of
liability for consequential or incidental damages, these limitations may not
apply to you.
Your use the Service or any information or materials on the Service is
entirely at your own risk, for which we shall not be liable. You specifically
acknowledge that Otherwind shall not be liable for User Content or the
defamatory, offensive, or illegal conduct of any third party and that the risk
of harm or damage from the foregoing rests entirely with you. Your sole
dissatisfaction with the Service is to stop using the Service.
9.
Indemnification
Unauthorized use of the Service may give rise to a claim for damages
and/or be a criminal offence. You agree to indemnify and hold Otherwind, its
affiliate companies, third-party suppliers, contractors, employees, agents,
licensors and partners harmless from and against any harm, loss, liability,
claim, demand, damages, costs and expenses, including attorney's fees, arising
out of or in connection with:
I. Your use or misuse of and access to
the Service.
II. Your
violation of any of these Terms of Service.
III. Your violation of
any third party right, including without limitation any copyright, property, or
privacy right.
IV. Any of your User
Content or information in your account or any other information you post or
share on or through the Service.
V. Any breach of the representations, warranties,
and covenants made by you herein.
In
this section, "you" include anyone accessing to the Service using
your password. You agree that the provisions on this section will survive any
termination of the Service. Otherwind reserves the right to assume the
exclusive defense and control of any matter for which you are required to
indemnify Otherwind and you agree to cooperate with Otherwind's
defense of these claims.
10.
Links
The
Service may contain links to third-party websites. Otherwind may have not
reviewed all of the sites linked to the Service and you acknowledge and agree
that Otherwind is not liable or responsible for the contents of any such linked
site. The inclusion of any link does not imply endorsement by Otherwind of the
site. Use of any such linked website is at the user's own risk.
11.
User Disputes
You are solely responsible for your interaction with other users of the
Service and other parties that you come in contact with through the Service.
Otherwind hereby disclaims any and all liability to you or any third-party
relating to your use of the Service. Otherwind reserves the right, but is
under no obligation, to manage disputes between different users of the Service.
We
also work to provide a neutral and cost effective means of resolving quickly a
dispute between you and Otherwind. We strongly encourage you to first contact
our customer support to seek a resolution to the dispute.
12.
Governing Law and Jurisdiction
Any
claim relating to the Service shall be governed by the laws of Spain and the
European Union without regard to its conflict of law provisions. All claims,
legal proceedings or litigation arising in connection with the Service will be
brought solely in Seville, and you consent to the jurisdiction of and venue in
such courts.
13.
Modification
Otherwind
reserves the right to revise or modify the Terms of Service and its Privacy
Policy at any time. Such changes or modifications will be effective immediately
upon posting the revised terms on this page. We will update the date at top of
this page to notice about last changes. However, we will attempt notice you in
advance if the changes are substantive, by posting an announcement of our
forums, sending an email, notifying the changes at our website or messaging
within the Service, but we deserve the right to do it without notice if
required and you agree to be bound by such revisions or modifications.
By
using the Service after any changes to these Terms of Service, you are
accepting of, and agreeing to be bound by the then current version of these
Terms of Service. If you object to any change, you shall cease using our
Service.