TERMS AND CONDITIONS OF USE
- Subject of the terms, field of application.
1.1 The present terms define the participation and the use of on-line games and the additional range of services, provided by the company “IKI OTHONES LTD” and the relevant to them services. 1.2 In case a user logs on or registers in the web site of “IKI OTHONES LTD” (www.othones.com), the present contract is considered to be in effect, as well as that the user has unconditionally accepted the terms included hereunder in total. 1.3 “IKI OTHONES LTD” provides its on-line games and the additional range of services within the framework of its technical and operational capabilities on an average annual availability of 99,9 %. This percentage does not include periods of time during which the use of on-line games and the additional range of services is interrupted or affected due to compelling technical reasons or because of required maintenance work. In such a case “IKI OTHONES LTD” shall not be considered liable whatsoever according to the present terms. |
1.4 “IKI OTHONES LTD” preserves the right to continue the development, renovation, improvement and adaptation of its on-line games and the additional range of services without previously notifying the user. In accordance to that the user has the possibility to participate in any on-line game and the additional range of services solely in their respective version provided at a time. |
1.5 The on-line games and the additional range of services offered by “IKI OTHONES LTD” are intended solely for entertainment purposes. The use for business or commercial purposes is prohibited. |
1.6 The user is responsible to maintain its software and hardware up-to-date, appropriate and compatible. |
1.7 In addition to the present terms, existing rules for individual games apply equally, if any. The latter govern exclusively the participation in the specific game thereof. In case of conflict between the present terms and the specific rules of each game, the present terms prevail. For individual on-line games, especially for versions and/or components of on-line games and the additional range of services offered on “IKI OTHONES LTD’s” internet pages, specific rules may also apply. In such an occasion there will be distinct information of the user for the different terms of use governing these applications. |
1.8 In case an individual on-line game and/or a service is provided by “IKI OTHONES LTD” in cooperation with a third party, the user has the opportunity to seek in relation to these applications the possibilities and the services offered by “IKI OTHONES LTD’s” contractors. In this case the present terms are complemented by the special terms of participation and use of the particular applications, to the extent that the latter are not excluded entirely by the present terms. In case of conflict, the special terms prevail. In every such case there will be separate information of the user regarding the special terms and conditions of those applications, as well as the duration of the cooperation. The user preserves the right of previous notice for a forthcoming expiry or termination of the cooperation. |
1.9 “IKI OTHONES LTD” preserves the right, without prior notice of the user, to change, alter, complement the present terms and/or add or remove certain provisions at its own discretion. Terms that deviate from the present, are put in effect and apply against every user only after they are accessible to everyone on the internet gateway of “IKI OTHONES LTD” (see in detail clause 13). |
- Entering into contract
2.1 Registration of the user is a prerequisite for the use of on-line games and the additional range of services. |
2.2 Registration is allowed solely to adult natural persons. Registration is allowed only to individuals (no groups, families, life partners etc.). In case the user is a minor, the completion of the registration form is considered as an irrebuttable presumption in favour “IKI OTHONES LTD”, that the minor has received previous consent from its legal guardians. “IKI OTHONES LTD” shall not be considered liable for the access of minors to data including contents addressed to adults. |
2.3 Upon registration, the user must declare a player’s name and a valid e-mail address. The user cannot demand the provision of a certain user’s name, whereas strict priority date will be kept among the applicants for the provision of a particular user name. The player’s name may not have an illegal or immoral content, infringe established rights of third parties, violate personal data, offend or insult anyone or offend moral principles. Among others, the user is not allowed to choose as a user name an e-mail address, web address or a domain name. The user ensures that the declared data is current, actual, correct and complete and is in a position to verify them whenever asked. |
2.4 Registration is carried out personally. Registration through third parties, especially a third party that registers individual people at several teleservice providers (registration services and/or entry services) is not permitted. |
2.5 A confirmation message sent via e-mail to the user’s declared e-mail address confirms a successful registration to the internet gateway of “IKI OTHONES LTD”. This message contains a link through which the user may activate its user account simply by clicking on the relevant activation link. After the user’s account activation, a valid contract of indefinite term is put in force between the user and “IKI OTHONES LTD” according to the present terms. In case that for any reason the registration procedure deviates from the aforesaid procedure, the user will be previously adequately informed by a confirmation message. “IKI OTHONES LTD” cannot unjustifiably deny registration of any user, provided that its compliance with the present terms is beyond doubt. |
2.6 Upon its successful registration, the user acquires a personal user account, which the user has exclusive right to manage. The user may create a sole user account. The user account created on the internet gateway of “IKI OTHONES LTD” may be used for every other on-line game linked to the internet gateway of “IKI OTHONES LTD”. The opposite does not apply, thus a user account created on the gateway of one and sole on-line game may not be used by the same user for other on-line games. |
2.7 Each user account is principally non-transferable and cannot be transferred without prior explicit consent from “IKI OTHONES LTD”. |
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- Right to renege-Instructions to exercise such right.
3.1 Every user, after its successful registration, has a right to renege from the present contract, without cause, within ten (10) working days from the reception date of the confirmation message (see above clause 2.5). The right to renege can be exercised with any expedient means (through sending a letter, a fax message, e-mail), as long as it leaves no doubt about the user’s expressed will. The deadline to renege cannot begin whatsoever before the conclusion of the contract, which is completed upon the user’s reception of the confirmation message. Moreover, the deadline cannot commence in any case before the information obligation that “IKI OTHONES LTD” is under, pursuant to article 4 par. 10 of Law 2251/1994 is met. The right to renege can be exercised by sending a letter to the following address: 18 D. Ralli Street, 15342, Agia Paraskevi-Attica. In any case, the user preserves the right to render its account inactive or delete it, without prior notice to “IKI OTHONES LTD”.
- User’s obligations
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4.1 User’s data |
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4.1.1 Upon the user’s registration on the internet gateway of “IKI OTHONES LTD” required personal data must be declared (name, surname, address, e-mail address etc.). “IKI OTHONES LTD” considers as a fact that the declared data is current, actual, correct and complete. 4.1.2 The user is obliged to promptly inform “IKI OTHONES LTD” of any change regarding its personal data, as registered during its registration, in particular in case of changes regarding its e-mail address. Furthermore, the user is obliged to confirm to “IKI OTHONES LTD” its data accuracy, whenever asked to do so. |
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4.2 Log-in data, user name, password |
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4.2.1 The term user’s “log-in data” means all the letters and/or digits and/or number sequences consisting the user name, the password and the entrance codes, which are being used for the user’s identification and the exclusion of unauthorized third parties. The password must differ from the user name and include a numbers’ and letters’ combination comprising of at least 6 digits. |
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4.2.2 The user is obliged to store in a safe place all of its data pertaining to its log-in data and especially its user name, the password and the entrance codes, so as to prevent unauthorized use from third parties. The user’s log-in data regards solely the web pages offered by “IKI OTHONES LTD” and its log-in to the on-line games and the additional range of services provided by “IKI OTHONES LTD”. |
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4.2.3 In case the user has reasons to believe that a third party has or has the potential to have access to its log-in data without its permission, it must inform “IKI OTHONES LTD” at once and alter its log-in data or request from “IKI OTHONES LTD” to change it on its behalf. In such a case, or in case it is considered that the log-in data may be used for illegal purposes, “IKI OTHONES LTD” preserves the right to temporarily interrupt the user’s access under the specific user name and the respective password. The use of the log-in data in question will be permitted over again to the user once confirmed that there is no suspicion of improper use. |
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4.2.4 The user has no right whatsoever to use the log-in data of another user, unless it concerns an exception permitted by the rules of each game. |
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4.3 Use of “IKI OTHONES LTD” internet pages and its content |
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4.3.1 “IKI OTHONES LTD” internet pages contain all kinds of data, which are protected by established trademark rights and intellectual property rights in favor of “IKI OTHONES LTD” or for the benefit of third parties pursuant to articles 1, 2, 14, 15 and 18 and the following of Law 2239/1994, articles 9 and the following of Directive 40/94/EC on Community Trade Mark (CTMR) and articles 42 and the following of Law 2121/1993. Unless explicitly permitted by the present terms, the user is not entitled to edit, copy, distribute, publicly reproduce “IKI OTHONES LTD” internet pages or available individual parts thereof or use them for advertising purposes or deviate whatsoever from the purposes as described in the present contract. It is only permitted the technically necessary reproduction for the purposes of browsing as well as the permanent reproduction solely for private use. Offenders will be prosecuted under the relevant civil and penal provisions. |
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4.3.2 The term “data” includes all images, text, graphics, heroes and the environment of each on-line game, music, sounds, sound sequences, videos, software programs and program codes, all projects, creations and information in general, which “IKI OTHONES LTD” provides through its internet pages. The term “data” also includes the additional range of services provided for downloading. |
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4.3.3 The user is obliged to abstain from any measure and/or procedure, which may compromise or interrupt the functioning of “IKI OTHONES LTD” internet pages or of individual services provided on them, as well as to abstain from using data, for which access to the user is denied. The retrieval and use of the provided services may only take place in such a manner, that the use of “IKI OTHONES LTD” internet pages and its content by other users is not affected anyhow. The transfer of data or software that may affect the recipients’ hardware or software is prohibited. |
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4.3.4 Any use of “IKI OTHONES LTD” internet pages for commercial and especially advertising purposes requires prior written consent from “IKI OTHONES LTD”. |
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4.3.5 The user is not entitled to publish text or records of any content on “IKI OTHONES LTD” internet pages. |
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4.3.6 The use of “IKI OTHONES LTD” internet pages through an anonymous service that is hiding the true IP address of the user is not permitted. |
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4.4.1 It is permitted to establish a link on “IKI OTHONES LTD” web pages to the extent that it only serves as a cross reference and only after previous written consent by “IKI OTHONES LTD”. However, “IKI OTHONES LTD” preserves the right to recall the given consent whenever and without prior notice. It is not allowed to include or present “IKI OTHONES LTD” web pages or their content via a hyperlink in a partial window (frame). |
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4.5 Use of Client-Software |
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4.5.1 In case of a service, which requires the prior installation of a client software, “IKI OTHONES LTD” grants the user the non-exclusive right to download and use the client software during the validity of the registration. A duplication of the client software is permitted to the user, only to such extent as is required for the use of client software program as permitted by this contract. Any form of commercial use of the software is strictly prohibited. Any change of the client-software as well as retranslation of the entrusted program codes into another code form (decompilation) as well as other ways of reversing manufacture levels of the software (reverse-engineering) are prohibited, unless permitted by law.
5.1 The user is allowed to have one account per game round (i.e. world, universe, level), unless the game rules explicitly state otherwise. The use of several user accounts is not permitted. In case the user is already participating in a specific game round with one user account, then during the respective game round the user does not have the right to participate by changing its personal data. In case of violation of the above provision, the prior user account will be considered valid towards “IKI OTHONES LTD”. Such multi-user accounts can be deleted or banned by “IKI OTHONES LTD” at any time and at its sole discretion. 5.2 The user is prohibited from any manipulative interference in the on-line game. In particular, the user has no right to use any measures, mechanisms or software that could interfere with the function or the course of the game. The user may not use means, which could cause unreasonable or excessive overloading on the technical capacity. The user is not allowed to block, overwrite or modify contents generated by the game administration or to interfere in any other fashion with the game whatsoever. 5.3 Moreover, access to the on-line game (including all individual pages) is denied to the user through other programs, besides the internet browser or the client program that has been provided. This concerns in particular the so-called bots and other tools destined to replace or supplement the web interface. Scripts and completely or partially automated programs are also prohibited that provide the user with an advantage over other users. This includes auto-refresh functions and other integrated internet browser mechanisms, to the extent it includes automated operations. 5.4 The user may under no circumstances: 5.5 The application of advertising suppressing measures is prohibited. It is immaterial whether advertising is deliberately suppressed or generally blocked e.g. by so-called Pop-Up-Blockers, or similar. 5.6 Log-in is only permitted on the homepage of each on-line game and the “IKI OTHONES LTD” portal page. The automated opening of the user accounts, regardless of whether the homepage is displayed or not, is not permitted. 5.7 “IKI OTHONES LTD” and authorized contractors of “IKI OTHONES LTD” exclusively have all rights to items used in on-line games and virtual items provided under any terms. The user simply preserves the right of use for the virtual items, which is non-exclusive and is confined by the contractual duration. The agreements concerning intellectual property rights and the concession of trademarks’ use of third parties signed by “IKI OTHONES LTD” bind the user accordingly.
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