Terms of Use
1. Subject to Terms of Use and serviceable range
1.1 The terms below govern the use of browser game and other services provided by Empire Craft Team on its web pages (www.hithere.com).
By registering or logging in on the Empire Craft game page, www.hithere.com, users enter into this user agreement with Empire Craft Team for browser game. In these cases, Empire Craft Team Productions merely act as the vicarious agent of Empire Craft Team with regard to registration and login.
1.2 These Terms of Use fully supersede previous versions of Empire Craft's Terms of Use.
1.3 Empire Craft Team provides browser game and other services subject to its technical and operational capabilities at an annual mean rate of availability of 98.0%, not including periods during which the use of browser game and other services is disrupted or restricted for compelling technical reasons or as a result of maintenance needed, for which Empire Craft Team bears no liability under the terms hereof.
1.4 Empire Craft Team develops updates and otherwise adapts its browser game and other services on an ongoing basis. Accordingly, users may only participate in the browser game and services in their then-current versions.
1.5 The browser game and services offered by Empire Craft Team are provided for entertainment purposes only and may not be used for financial reward or commercial purposes.
1.6 It is the user's responsibility to ensure the compatibility and suitability of any software and hardware used.
1.7 In addition to these Terms of Use, the rules of browser game apply, if any. Insofar as these Terms of Use conflict with game rules, the terms hereof prevail. Individual browser game, including but not limited to variations and/or components thereof, as well as individual services on Empire Craft Team's web pages are further subject to special terms of use, which are disclosed to users prior to use.
1.8 For certain browser game and services, users have the option to take advantage of services offered by Empire Craft Team's contractual partners. In this case, a separate agreement is entered into between users and such Empire Craft Team contractual partner, of which the user is alerted in a suitable manner in advance.
1.9 The applicability of user rules or terms & conditions deviating from these Terms of Use is subject to Empire Craft Team's prior written consent.
2. Declarations
2.1 In order to use browser game and other services offered by Empire Craft Team, users must register.
2.2 Only individuals are permitted to register, and only individual persons (not groups, families, live-in partners, etc.) are admitted as users. Users who are minors represent and warrant that they obtained their legal guardian's consent prior to registering.
2.3 When registering, users must provide a player name as well as an email address registered to them. Users hold no right to use a player name of their choice. Player names must not violate third-party rights or be offensive in nature. In addition, no email address or URL may be used as a player name. Users represent and warrant that the information they provided when registering with Empire Craft Team is accurate and complete.
2.4 Users must register in person; they cannot be registered by third parties, including but not limited to those that register individuals with various tele-services in a commercial capacity (registration services).
2.5 Registrations are approved on the Empire Craft Team portal and browser game pages by means of a confirmation email, which provides users with an activation link. In these cases, Empire Craft Team activates the user's / player's account if and when the activation link is clicked. Once Empire Craft Team has activated an account or admitted a user, such user and Empire Craft Team enter into a user agreement for an unlimited period of time subject to these terms. In some cases, the registration process may deviate from the procedure outline above, in which case the user will be alerted in a suitable manner.
2.6 Once users have successfully registered, they can create and independently manage their user accounts. User accounts may be created on the Empire Craft Team portal page as well as on any browser game page. A user account created on the Empire Craft Team portal page may also be used for all other browser game Empire Craft Team places on its portal in the form of links. Conversely, user accounts created on a browser game page may not be used for other browser game.
2.7 Users are not entitled to be registered and admitted, and they may only register once per round (e.g., world, city, etc.) in browser game. If a user has already been registered for a round, he or she is barred from registering in the same round for the duration of the existing registration (e.g., by entering other or slightly different personal information).
3. License to Use
The Empire Craft Team offers the game as 2D browser-based SLG game services (the "Services") accessible through the Internet at "http://www.hithere.com" (the "Web Site"). The Company reserves the right to change the URL address of the Web Site at any time and from time to time without prior notice. Anyone desiring to use the Services is required to establish an account with The Company (the "Account"). The Company does not provide Internet access, and you are responsible for all fees and costs associated with your Internet connection. The Web Site located at http://www.hithere.com is an active part of the Services and any use of the web Site is governed by the same Terms and Rules of Conduct.
4. User's obligations
4.1 User data
Users undertake to notify Empire Craft Team of all future changes to the information they provided as part of the registration process, including but not limited to changes to their email addresses. Users are obligated, upon Empire Craft Team's request, to confirm that their information is accurate.
4.2 Login data, IDs, passwords
4.2.1 Users are obligated to hold their login information, IDs and passwords in strict confidence. Users must not enter login data on web pages other than those operated by Empire Craft Team.
4.2.2 The terms "login data," "IDs" and "passwords" refer to the combinations of letters and/or characters and/or numbers used to authenticate users and prevent unauthorized third-party access. Passwords should not be identical to the player name and ideally combine numbers and letters.
4.2.3 Users are obligated to protect login data, IDs and passwords against unauthorized third-party use.
4.2.4 In the event that users have reason to believe that third parties have obtained, or might have obtained, such data without authorization, they must immediately notify Empire Craft Team and change their data or have Empire Craft Team change it. In this case or in the event that Empire Craft Team has reason to suspect unauthorized use of data; Empire Craft Team is entitled to temporarily block such users' access. Access privileges shall be restored once unauthorized use of data is no longer suspected.
4.2.5 Under no circumstances are users entitled to use the login data of other users, unless the rules of the game provide for exceptions.
4.3 Use of Empire Craft Team's web pages and web-page contents
4.3.1 Empire Craft Team's web pages offer contents of all kinds that are protected for the benefit of Empire Craft Team or third parties under trademark, copyright and other laws. Unless these Terms of Use specifically provide otherwise, users are not entitled to process, duplicate, distribute, publish or use for advertising or extra-contractual purposes Empire Craft Team's web pages or any content provided thereon. Duplication is permitted only for technical reasons and browsing purposes. Ongoing duplication is restricted to private purposes. Copyright and trademark information must not be changed, suppressed or removed.
4.3.2 "Contents" refer to all data, images, texts, graphics, songs, tones, tone sequences, videos, programs, game software codes and other information provided by Empire Craft Team on its web pages, including but not limited to services offered for download.
4.3.3 Users undertake to refrain from (i) taking any action endangering or disrupting the functionality of Empire Craft Team's web pages or any service offered thereon, and (ii) accessing restricted data without authorization. The contents offered may be viewed only in a manner compatible with other users' enjoyment of Empire Craft Team's web pages and contents. Data or software capable of affecting a recipient's software or hardware must not be transmitted.
4.3.4 The use of Empire Craft Team's web pages for commercial purposes, including but not limited to advertising, is subject to Empire Craft Team's express prior written consent.
4.3.5 Users hold no right to publish contents on Empire Craft Team's web pages.
4.3.6 Empire Craft Team's web pages may not be accessed using an anonymization service obscuring the user's actual IP address.
4.4 Links
It is permitted to link to Empire Craft Team's web pages so long as links serve cross-reference purposes only. Empire Craft Team reserves the right to revoke its permission. It is not permitted to incorporate or represent Empire Craft Team's web pages or contents into or in a frame using a hyperlink.
4.5 Use of the game
With respect to offers (including games), Empire Craft Team grants users a non-exclusive (basic) right to use such game for the duration of their registration with Empire Craft Team. Users are permitted to duplicate the game only to the extent necessary for the contractually intended use thereof. The game must not be used for any commercial purpose. Unless applicable law provides otherwise, the game must not be modified, the program code provided must not be retranslated into other codes (decompilation) and the various software production stages must not be traced back (reverse engineering).
5. Special terms for use of browser game
5.1 Unless the rules of the game provide for exceptions, users are restricted to a single user account per round (e.g., World, city, etc.). The use of multiple user accounts are not permitted, and Empire Craft Team may, at its option, delete or block multiple user accounts at any time.
5.2 Users are prohibited from manipulating or disrupting browser game. In particular, users must not employ measures, mechanisms or software that may interfere with a game's function or intended course. Likewise, users must not adopt measures that may burden the technical capacities to an unreasonable or excessive degree. Users are not permitted to block, overwrite or modify contents generated by the game authority or otherwise interfere with browser game.
5.3 Users are further prohibited from accessing browser game (including any individual web page) using programs other than a web browser or the client program provided. This is especially true for so-called bots and other tools designed to replace or change Web interfaces. Also prohibited are scripts and fully or partly automated programs giving users a competitive edge over other players, including auto-refresh functions as well as other integrated web-browser mechanisms where automated actions are concerned.
5.4 Under no circumstances may users:
a) create or use cheats, mods and/or hacks or use other third-party software altering the experience of browser game players;
b) employ the gmae for the purpose of mining data or otherwise "catch" or collect information related to browser game;
c) buy or sell for "real" money, exchange or otherwise put virtual items used in browser game to use outside of such browser game, including by way of circumvention, similar methods or actions the effects of which fall under the aforementioned restrictions.
5.5 The use of tools to suppress ads is prohibited. For this purpose, it is of no consequence whether only specific ads are suppressed or so-called pop-up blockers or text-based browsers are used to prevent ads from being displayed.
5.6 Users may log in only on a game's start page or the Empire Craft Team portal page. User accounts must not be opened automatically regardless of whether the start page is displayed.
5.7 All rights to the virtual items provided in browser game against a fee inure to the sole benefit of Empire Craft Team and/or its authorized contractual partners. The same is true for virtual items created by users, who grant Empire Craft Team, throughout the world, in perpetuity and without limitation, an exclusive right of beneficial use to such items, which encompasses their duplication, distribution and processing. Users merely hold a non-exclusive right of beneficial use to such items, which is limited to the term of the agreement.
6. Special terms for use of means of communication
(e.g., discussion forums, chat and comment function) on Empire Craft Team's web pages
6.1 Empire Craft Team may provide, but users are not entitled to, various means of communication (including but not limited to discussion forums, chats, blogs, guest books, etc. as well as comment functions) for users to post their own contents and contributions on Empire Craft Team's web pages. Users are permitted to take advantage of such means to the extent available. Empire Craft Team merely facilitates an exchange of information by technical means.
6.2 Users are solely responsible for any content and contribution they introduce and undertake to indemnify and hold Empire Craft Team harmless from and against third-party claims. While Empire Craft Team specifically does not claim ownership of user-posted comments, users grant Empire Craft Team a permanent, irrevocable and non-exclusive right to use contents and contributions posted by them. Empire Craft Team stresses that it does not actively monitor user contents posted on its pages. Instead, it randomly samples such contents, and each user has the option to report posts to Empire Craft Team that may violate applicable law, in which case Empire Craft Team will respond as quickly as possible and edit or delete flagged contents to the extent necessary.
6.3 Users are prohibited from using any tool, including but not limited to the means of communication available on Empire Craft Team's web pages, to publish or distribute contents thereon that:
a) violate applicable law or prevailing moral or ethical standards;
b) infringe upon third-party trademarks, patents, industrial and other registered designs, copyrights, trade secrets or other third-party rights;
c) are obscene, racist, pro-violence or pornographic in nature or otherwise endanger the wellbeing or character of children and youths;
d) are offensive, harassing or libelous in nature;
e) contain chain letters or snow-ball systems;
f) wrongly create the impression of having been posted or endorsed by Empire Craft Team;
g) refer to personal data of third parties without such parties' express consent; or
h) are commercial in nature and/or serve advertising purposes.
6.4 URLs, companies or products must not be named if and to the extent that they are primarily mentioned for advertising purposes.
6.5 All users of the means of communication provided on Empire Craft Team's web pages are obligated to express themselves in a non-offensive manner and to refrain from ridiculing or otherwise attacking others.
6.6 Irrespective of its other rights under these Terms of Use, Empire Craft Team is entitled to edit or delete any part of contents and contributions posted in violation of these rules. Empire Craft Team is further entitled to temporarily or permanently exclude from the use of browser game, access to Empire Craft Team's web pages and other services any user violating these rules.
7. Consequences of breach of duty
7.1 Empire Craft Team is not liable for damages resulting from breaches of duty attributable to users.
7.2 Irrespective of all other legal and contractual rights, Empire Craft Team may, at its option, take the following actions in the event that users culpably violate applicable law, third-party rights, these Terms of Use or any applicable game-specific provision or rule:
a) edit or delete content;
b) issue user warnings;
c) flag misconduct in relevant browser game and identify responsible users;
d) temporarily or permanently deny users access to any Empire Craft Team game and/or web page;
e) exclude users;
f) issue temporary or permanent bans for all of Empire Craft Team's web pages in cases of violations of Section 6; or
g) terminate user agreements with immediate effect.
7.3 Users who have been banned or excluded cannot re-register without Empire Craft Team's prior consent and hold no right to have the ban, exclusion or other restrictive measure lifted.
8. User fees
8.1 Unless specifically noted otherwise, the use of browser game and other services is free of charge.
8.2 However, users may purchase certain services and features available as part of the browser game, in which case they will be separately notified, in connection with such games, of the nature of such features, including but not limited to their functions, periods of availability, costs as well as methods of payment.
8.3 Minors wishing to purchase features represent and warrant that the funds used to pay for such features were made available to them for this purpose, or placed at their disposal, by their legal guardians.
8.4 The applicable rates are due and payable upon closing, with payment typically being collected by the service provider handling the payment process. Payments may be collected a few days in advance to ensure the uninterrupted availability of services. Terms & conditions imposed by such service providers, if any, apply in addition to these Terms of Use.
8.5 Users represent and warrant that any information provided as part of the payment process (including but not limited to bank information, credit card numbers, etc.) is true and accurate.
8.6 The methods of payment vary depending on the browser game, user country as well as the means and technologies available. Empire Craft Team reserves the right to amend the methods of payment at any time.
8.7 Empire Craft Team further reserves the right to change the fees for internal game features (including virtual currencies), which encompasses the right to lower or raise the rates for individual internal game features for future feature purchases.
8.8 In the event of default, interest accrues at the legal rate. Empire Craft Team is further entitled to block the account of any user in default, to demand additional damages or suspend its services to such user.
8.9 If, through a user's fault, Empire Craft Team incurs (check) cancellation fees (e.g., as a result of insufficient user funds), such user shall bear any related costs, and Empire Craft Team may include such costs and fees when debiting the charges again. If payment is made by credit card, cancellation fees may amount to EUR 50 per charge plus any bank fees incurred by Empire Craft Team. Empire Craft Team is entitled to claim additional damages.
9. Limitations of liability
9.1 With respect to their infringement upon third-party rights, users are directly liable to such third parties and undertake to indemnify Empire Craft Team against all damages it incurs as a result of non-compliance with the duties set forth in these Terms of Use. Users hold Empire Craft Team harmless from any claim asserted against Empire Craft Team by other users or third parties on the basis of the violation of their rights by user contents or other breaches of duty, and they shall bear the costs of Empire Craft Team's legal defense, including court and attorney's fees, provided the violation of applicable law is attributable to them.
9.2 Irrespective of legal grounds (breach of contractual duty or tort), Empire Craft Team's liability is conclusively subject to the following provisions:
9.2.1 Insofar as Empire Craft Team provides the service triggering liability free of charge, Empire Craft Team is liable for intentional misconduct and gross negligence only.
9.2.2 For services provided against a fee, Empire Craft Team bears unlimited liability for intentional misconduct and gross negligence in cases of bodily injury; in the event of slight negligence, however, Empire Craft Team's liability is limited to breaches of material contractual duties as well as default and instances of impossibility attributable to it. Its liability for violations of such material contractual duties is limited to the typical amount of damages it should have anticipated at the closing on the basis of the circumstances of which it was then aware. "Material contractual duties" in the aforementioned sense refer to duties that are essential to the proper implementation of the agreement and the realization of its object and are reasonably relied upon by users.
9.2.3 Empire Craft Team accepts no liability for network disruptions it did not cause.
9.2.4 Subject to the foregoing paragraphs, Empire Craft Team's liability for the loss of data is limited to instances in which users could not have avoided such loss by means of appropriate data-security precautions
9.2.5 The above limitations of liability do not apply in cases (i) in which Empire Craft Team made express warranties, (ii) of deception, (iii) of damages resulting from injuries to life, body or health and (iv) in which applicable law mandates otherwise.
10. Cancellation/ Deletion of user accounts
10.1 Unless otherwise stipulated for a browser game or service, the agreement on the use of the Empire Craft Team portal, browser game and other services is entered into for an unlimited period of time and commences upon a user's admission or clearance by Empire Craft Team.
10.2 Even in the absence of good cause, each party may terminate the agreement with immediate effect, provided no specific term was agreed upon. If the parties agreed on a specific term, the agreement may not be terminated until the end of its term. Unless and until terminated, any agreement with a specific term automatically renews for the length of the original term.
10.3 Each party is entitled to terminate the agreement with immediate effect for good cause. Good cause is present especially if and when:
a) users default on payments of fees and fail to pay despite a reminder;
b) users engage in conduct that materially compromises the game experience of other players;
c) cheats, mods and/or "hack" or other software, tools or scripts are used to the effect of changing the experience and/or mechanism of browser game;
d) a user's account is used to play by third parties, unless the rules of the game provide for exceptions;
e) users avail themselves of third-party accounts to play or use multiple user accounts for a single browser game, unless the rules of the game provide for exceptions;
f) users put virtual items used in browser game to use outside of such browser game or attempt to exchange or buy or sell them for "real" money; or
g) users culpably violate applicable law, these Terms of Use or game-specific provisions or rules.
10.4 Notice of termination must be given in writing, email being an acceptable means of written communication.
10.5 In the presence of good cause (e.g., extended period of inactivity), Empire Craft Team is entitled to delete user accounts. In addition, Empire Craft Team may, at its option, delete user accounts upon the end of the term.
11. Privacy
11.1 Personal user data is not compiled, processed or used unless the user in question consents or applicable law.
11.2 For details, see Empire Craft Team Privacy Policy.
12. Applicable law & legal venue
The laws follow legal rules of People's Republic of China.
13. Amendments to these Terms of Use, miscellaneous, communications, severability
13.1 Empire Craft Team reserves the right to amend these Terms of Use. When logging in, users are notified of amendment to the Terms of Use on the Empire Craft Team portal or any browser game page at least two weeks in advance of the effective date of such amendment. Alternatively, Empire Craft Team may notify users by email, either by transmitting the amended terms or providing a link to the Empire Craft Team web page on which the amended terms may be viewed. By logging in on the Empire Craft Team portal or to any browser game after the amended Terms of Use have come into effect, users express their agreements with the new terms. Empire Craft Team shall separately advise users as to the significance of the one-week period, the right of rescission and the legal consequences of inaction in a suitable manner.
13.2 Users cannot transfer rights and obligations under this agreement without Empire Craft Team's prior written approval.
13.3 Users may set off counter-claims only if and to the extent that such claims have been effectively established or recognized by Empire Craft Team or are undisputed. Users may exercise a right of retention only with respect to claims hereunder.
13.4 Unless the Terms of Use provide otherwise, Empire Craft Team typically communicates with users by email. It is incumbent upon users to ensure that the email account registered with Empire Craft Team is checked for messages from Empire Craft Team on a regular basis. When contacting Empire Craft Team, users must identify the browser game(s) and user account to which they refer.
13.5 Changes to and the suspension of these Terms of Use, including this formal requirement, must be communicated in writing.
13.6 In the event that individual provisions of these Terms of Use are or become ineffective or violate applicable law, the remaining provisions hereof shall continue in full force and effect, and the parties shall replace the ineffective provision with one that best approximates the economic meaning and purpose of the ineffective provision within the bounds of law. The same applies to gaps found herein.
Terms
