Terms and Conditions
1 Application of the Terms and Conditions
1.1 ABG JSC, PO Box 1552, LT-48009 Kaunas, Lithuania, (hereinafter referred to as the operator) the operator of the online game Street Racers, renders the game Street Racers (hereinafter referred to as game) available to the users (hereinafter referred to as users) as a service on the basis of the following Terms and Conditions (TAC).
2 Description of services provided
2.1 Street Racers is a multiplayer game based on web technology. As the game is played via the World Wide Web, a local software installation is not required. As part of the game, users are given the opportunity to communicate via forums, an e-mail system, a chat and/or other communication systems within Street Racers.
2.2 All offers are subject to confirmation and without obligation. The game and all associated services are offered by the operator in what the operator considers a good design and subject to availability.
2.3 The operator expressly retains the right to alter or supplement parts of the game, the rules, data (e.g. hero classes, skills or objects) or the entire offer without prior notice. These alterations serve to maintain the excitement of the game and are an essential element of the game's concept.
2.4 Players have no legal entitlement to participate in Street Racers.
2.5 The operator is entitled to inform users about game-related issues via website and/or forums.
2.6 The operator can include free or premium third-party offers in the game. In these cases the respective operator of the offer is responsible for its offer. Third-party offers are clearly marked as such.
3.1 Users may only register once in any realm. The establishment of several accounts in a realm is not permitted. If multiple accounts are created, the owner is authorized to remove these accounts at their own discretion with no financial or legal obligations to the player.
3.2 When creating an account, you may not use a user name that is used by someone else, and your user name cannot be vulgar, or otherwise offensive, or be used in any way that violates this Terms and Conditions.
3.3 The user may use his/her account only. The user may not pass their account on to other players. The user is responsible for preventing his/her account from being used by anyone but themselves. This includes making sure that when they leave the computer, they are fully logged out to prevent someone who might have access to the computer from using the account.
4.1 The owner reserves the right to apply advanced functionality to the Premium Accounts. Users who have purchased or extended a premium account but do not make use of it have no legal right to demand restitution from the owner. The user is fully informed of the advantages and disadvantages that come with registration or extension of a Premium Account. They are also informed that the functions available may be modified at any time if this serves the best interest of the game.
5 Vacation mode and halting the participation in game
5.1 If the user does not log in to their account within at least 28 days, their account is automatically set into vacation mode. Every player has the possibility to select a vacation delegate through the game mechanics provided. Player accounts that have been in vacation mode for a period of 90 are automatically flagged for deletion with no financial or legal obligations to the owner.
6 Responsibility for contributions by players
6.1 The user is responsible for the content they create or post in game. This includes, but is not limited to: texts, images, graphics, animations, audio or software files. This also includes any prohibited and/or inappropriate material. They are in particular held responsible for the fact that the contents are not illegal and do not infringe the rights of any third parties, e.g. copyrights and trademarks. The operator is not obliged to investigate whether any contents entered infringe third-party rights or violate objective law. Users undertake to immediately correct or delete any contents they entered if this infringes third-party rights or violates objective law.
6.2 The user guarantees that the content they transmit or provide is free of viruses or other harmful programs or content. The owner is authorized to delete such content immediately without prior notification.
6.3 The operator expressly dissociates from all contributions, entries and graphics (e.g. avatars) provided by users. This shall also apply to all external hyperlinks and all integrated graphics, which a user or the operator makes available to the users in the context of the game. With regard to all contents outside the responsibility of the operator, a liability obligation shall apply only if the operator is aware of the contents and s/he is technically in the situation and can reasonably be expected to prevent their use, in the event of illegal contents.
6.4 Users grant the operator the right to utilise, publish and to alter all contributions (e.g. graphics, texts, ideas, concepts) they introduce to the game or send to the operator directly, free of charge, in the context of online games or other online offers and to utilise and publish the altered version of the contribution. This right is granted without restrictions and indefinitely. The operator can transfer this right to other persons if, for example, a new operator takes over the operation of the game. If the user is not permitted to grant the operator this right in respect of a contribution, for legal reasons, the user may not introduce this contribution to the game.
6.5 The operator is not obliged to make use of any unsolicited material made available to him/her. The operator is not obliged to return material sent to him/her unsolicitedly. The operator reserves the right to destroy any material sent to him/her unsolicitedly.
7 Utilisation of the game / Exclusion of commercial use
7.1 The game, the forums that belong to it and the other methods of communication provided by the game may not be used by others for commercial use.
7.2 Users may not pass on accounts, the currency of the game ('euros' etc.), equipment or other virtual goods against payment with a real currency (such as euro or dollar) or a non-cash benefit. Users may not accept payment in a real currency or a non-cash benefit for any actions within the game or for contributions in the forums or other communication systems of the game. This applies in particular in respect of the insertion of advertising graphics into the contributions.
7.3 Users may access the web pages of the game only via web browsers (such as the Internet Explorer of Microsoft or Mozilla's Firefox) and not via scripts. All entries, such as the entering of text and the selection of buttons or links must be effected manually.
7.4 Users may not send mass messages via the game's communication systems. The communication systems used in the game may not be used for purposes outside those of the game's purpose. In particular, they may not be utilised by the user for advertising.
7.5 It is technically impossible to guarantee that the user may be capable of using errors within the programming to give themselves an unfair advantage (bugs or exploits). The user is required to report such bugs or game mechanic flaws immediately to the owner of the game. Furthermore, the user may not use these bugs or exploit to their advantage.
7.6 Manipulation attempts, multi accounts, racial slurs, insult and offenses to the netiquette or other offenses against Lithuanian Law or offenses against the Terms and Conditions are strictly prohibited. The punishment of any of the afore mentioned items can result in a warning, a penalty in game, and in severe cases permanent banning of the player account. Civil and Court legalities remain unaffected by this paragraph.
8 Copyright of the service
8.1 The reproduction of the contents of this offer (e.g. its texts and graphics) outside the intended use of the game or for commercial purposes is only allowed with the written permission of the operator. This relates to all forms of utilisation and reproduction, e.g. the copying or printing of the HTML pages. This applies also to all contributions and graphics introduced to the game by other game users.
9 Limitation of liability
9.1 In developing the game, the operator continuously tried to ensure that the game could not result in any damage to the user. The operator endeavours to protect the game's servers against illegal changes by third parties (hacker attacks).
9.2 Despite this, users must ensure, at their own expense, that they have always installed the latest security patches by the manufacturer of the operating system used on their computer. Users are obliged to protect their computers through effective measures that should be used for every internet access (such as virus scanners and firewalls).
9.3 The operator is only liable for damage to the users' computer through the use of the game or services associated with the game, in the event of premeditation and gross negligence, in which case the limitation of liability also applies if the damage is the fault of an agent of the provider. In the event of slight negligence, the operator is only liable if essential contractual obligations (cardinal obligations) are violated, in events of damage to persons and in accordance with the Product Liability Act.
9.4 The operator provides no guarantee in respect of the topicality, correctness, completeness or quality of the information provided. The operator is not liable for material or moral damage caused by the utilisation or non-utilisation of the information provided or by the utilisation of incorrect and incomplete information.
10 Data protection
10.1 The data provided by the users on registration will be stored for up to two months following deletion of the account. The data of users with premium accounts is stored in accordance with the legally required accounting periods.
11 Amendment of these Terms and Conditions
11.1 The operator reserves the right to amend or supplement these TAC in the future. Users shall receive notification of any amendments or supplements of these TAC. The amended or supplemented TAC shall apply only after a user utilises the game again, following receipt of the notification.
11.2 If a user who has registered his/her gaming account as a premium account against a fee, does not agree with the amendment of the TAC, the user can appeal against this amendment in writing within a period of six weeks after notification of the amendment by means of a letter to the above mentioned postal address of the operator. In this case the previous version of the TAC shall apply to this user until expiry of his/her registration. Once the gaming account of this user is no longer registered as a premium account and the user continues to utilise the game, the current version of the amended TAC shall apply from then on. If the user extends the registration of his/her gaming account as a premium account following the amendment of the TAC, the new version of the amended TAC shall apply immediately. If the user expressly agrees with the new version of the TAC, following the appeal, the new version of the TAC shall apply immediately.
12 Final provisions
12.1 Lithuanian legislation shall apply, under exclusion of CISG, even if the user utilises the operator's services from abroad.