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Terms and Conditions

1. Introduction

This website is owned and operated by Ambiera e.U. ("AMBIERA"), a company registered in Austria. All offered services on this website ("SERVICES") are subject to the following Terms and Conditions ("TERMS AND CONDITIONS"). These services are including
  • Use of an Ambiera product ("PRODUCT") such as the online game 'Darkness Springs'
  • Creating an online account
  • Participating in discussions
  • Creating game content
  • Uploading media content
  • Purchasing premium accounts or other services
By using any of the aforementioned services, you ("YOU", "USER") agree to the Terms and Conditions described herein. If you do not consent to these Terms and Conditions and the practices outlined below, do not use the site, access the services and games, download materials or use Ambiera software. Ambiera reserves the right to update these Terms and Conditions without notice.

2. Software and Resources available on the website

Any software or resource made available to download is the copyrighted work of Ambiera and/or its suppliers. The specific license of the particular software or resource applies if available. If not otherwise stated, the following disclaimer of warranty applies to all resources available on the website:

THE SOFTWARE AND RELATED RESOURCES ARE PROVIDED BY THE LICENSEE ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Copy, reproduction or distribution of the software, source, documentation and images to any other location is expressly prohibited.

3. Forum, Submissions, Contributions and Editor

Ambiera tries to provide a very open online discussion board ("FORUM"), but Ambiera reserves the right to modify or delete posts in the forum without notice, in cases of abuse, harassment, defamatory statements, violation of laws and legal rights, publishing of false or misleading information and similar.
Darkness Springs contains a feature that allows the user to modify the gameplay and to construct new content like realms, quests, levels and maps (collectively the "CONTENT"). Such content created or published by the user must not contain any insulting, defamatory or other illegal material or material that invades the rights of privacy or publicity of any third party and must not contain any trademarks, copyright-protected work or other property of third parties. The content may not not be commercially exploited by the user. The user grants Ambiera a worldwide, exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, create derivative works of, display, and include the content in their products (such as Darkness Springs).

4. Users

The right of using the services and games is granted only to persons either aged 18 or above or holding their legal representatives consent. Upon registration for the services or games, the user explicitly states his majority and legal capacity or if he or she is not of legal age, the consent of his parent or legal representative. Ambiera reserves the right to terminate any account if Ambiera is not satisfied that such permission has been given or if Ambiera has been notified by a parent or legal representative that the user has lied about his age when registering.

5. Basic and Premium Accounts

a) The purchase of the registration code for a Premium Account enables users to use more features in the game such as access to locked regions in the game world, the ability to level up to higher levels, carry more items in the inventory and more.
One purchased registration code for a Premium Account may only be used for one game account and by one person. Once the registration code has been entered for an account, it is locked to this account and cannot be moved to another account or removed. Every user is responsible for his/her account and must not reveal the username, password or registration code to other users. If a user reveals his game account name, password or premium registration code, Ambiera is not responsible if the game account is stolen by other users (altough Ambiera will try to prevent this of course).
b) The game Darkness Springs is an online service with game data hosted on an internet server. This internet service will continue to be available for Premium Users at least four months after the last Premium Account has been purchased, but may stop after this. This means that if you have purchased a Premium Code, the website will be available and the game can be played at least for four months after this, but of course Ambiera will try to let this amount of time to be a lot longer. The Premium Account itself is not limited, it will be available as long as the game website exists.
c) Game Accounts and Premium Codes may not be sold or transfered to other persons.
d) Ambiera reserves the right to terminate or lock any game account wether or not it is a Premium Account if a user is suspected to cheat or abuse the game or violate these terms and conditions.
e) Ambiera might decide to delete inactive accounts with characters without much game progress in them after they have not been used for a long amount of time.

6. Privacy policy

For a description of how we use your personal data, please see the Privacy policy on this website.

7. Email sending and Newsletter

By creating an account in the game Darkness Springs and by submitting the optional email adress, the user agrees to receive email containing news about the game Darkness Springs or about his account in general (i.e. password change confirmations, notifications of updates to the game etc.). The user is free to opt out of this by either not submitting his email adress at all, clicking the 'unregister' link in a newsletter email or erasing his email adress in his game account.

8. Data Loss and Defects

Ambiera provides the possiblity to upload and store data on its servers, including states of games, characters, personal and account information, discussion texts and similar. Ambiera does not guarantee the integrity of any uploaded and stored data. The user cannot claim that any state or uploaded data is restored if lost.
The games and the website provided by Ambiera, as any other software, can never be completely free of bugs. The user cannot claim that any functionality is achieved or maintained.

9. Availability

Because of technical limitations, Ambiera cannot and will not guarantee that any data transferred in connection with Ambiera's products will be uninterrupted, secure or error-free. Ambiera will try to keep the downtime of the services and games at a minimum, but does not guarantee any availability of the services or games. The user cannot claim any availability of the services or games. Ambiera reserves the right to take down or disable the services, games or specific features of games at any time without prior announcement.

10. Liability

Ambiera is not liable for damages or loss of data on the User's computer. To the maximum extent permitted by applicable law, in no event shall Ambiera or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use its services, even if Ambiera has been advised of the possibility of such damages. In any case, Ambiera’s entire liability under any provision of these Terms and Conditions shall be limited to € 5.00.

11. Jurisdiction and Choice of Law

Insofar as not otherwise agreed, this Agreement shall be governed exclusively by Austrian law. Austrian law shall also be applied in case of you reside outside of Austria. You expressly agree that exclusive jurisdiction for any claim or dispute with Ambiera linked in any way to your use of its services resides in the competent court in the town of Vienna, Austria.

12. Severability

Should individual terms of these terms and conditions be or become inoperative, this will not affect the remaining terms of this agreement. Ambiera and you will work in a spirit of partnership to find an arrangement that approximates the inoperative terms as closely as possible.
Darkness Springs is a registered trademark of Ambiera e.U. Terms and Conditions Privacy statement Imprint © 2008-2010 Ambiera e.U.
 
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