Terms of Service
Last Updated: October 28th, 2011
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.
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: firstname.lastname@example.org.
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.
You may, at any time and for any reason, terminate your account by sending an email to email@example.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.
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.
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.
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.