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Terms of Use

General Terms and Conditions

MSquaredApplications, Verona, Italy, composed by:

-Andrea Marletta, Legnago, Sant’Antonio 34, 37045 Verona, Italy, P.IVA 04048920237;

-Marco Martinelli, Sommacampagna, IV Novembre 15, 37066 Verona, Italy, P.IVA 04049960232;

hereinafter referred to as MSquaredApplications, operates the online game Fantasy Vengeance (hereinafter: "game"). The services provided within the framework of this game are provided exclusively on the basis of these Terms and Conditions (Terms).

Scope of application

  1. These Terms apply to all contracts, offers, deliveries and services of MSquaredApplications, also in the future. We hereby expressly object to the applicability of any terms and conditions of the users of the games (hereinafter "user"). Any terms and conditions of users shall only apply if MSquaredApplications has expressly accepted them in writing.
  2. In addition to these Terms, the rules of the game applicable in each case, the rules of the forums applicable in each case, the data protection regulations and the instructions for the game which are shown on the website of the game shall apply.
  3. These Terms will solely be published on the websites of the game. They can be downloaded into the random access memory, stored on a permanent data carrier or printed out.
  4. The Terms apply to all users of the game. Upon conclusion of the game user contract, the user accepts these as binding. Upon registration for the game the user will be asked to accept the Terms. They shall apply for any use of the game.
  5. Use of the game for profit-making or other commercial purposes is excluded. Only persons who have reached the age of 18 at the time of registration are entitled to participate in the game. Minors are only entitled to participate in the game if their legal representative's approval has been given prior to registration for the game. Upon registration for the game, the user expressly confirms that he has reached the age of 18 and - for minors - the existence of their legal representative's approval.
  6. MSquaredApplications reserves the right to amend or supplement these Terms with effect for the future at any time if this should appear necessary and provided that this does not discriminate against the user in bad faith. The user shall be informed of any amendments to these Terms in a suitable manner by notification. This notification shall be an in-game message to the user's own account or by an email to the email address specified by the user.
  7. The user can object to the amendments to the Terms within one (1) month after the notification and accessibility of the information. For reasons of securing evidence, the user is advised to direct the objection in writing to MSquaredApplications.
  8. Should the user not object to the amended Terms within a period of one (1) month after the notification or should he continue to use the game, the amended or supplemented Terms shall become binding for him.

Description of the service

  1. The service of MSquaredApplications consists in the provision of the websites of the game and the provision of the game itself. MSquaredApplications offers a BASIC version of the game to registered users free of charge in a manner that enables the game to be played and a PREMIUM version of the game with initial charge. The user is the only responsible for any additional costs (such as for the transmission of data, hardware and software). In addition, MSquaredApplications offers credits subject to a charge for purchase by the user which entitle the user, at his discretion, to activate premium features which provide additional functions and possibilities for the game and might create advantages in the game and within the gaming activities. Credits only apply to the game and the game server and for the game account from which they were purchased. Credits cannot be exchanged or returned. Further details are provided on credits and premium features sections.
  2. The use of the game is only open to users who have concluded a game user contract via their registration and have created a game account. The use of the game is allowed from the time when a game user contract has been concluded and MSquaredApplications has opened a game account for the user for the game server concerned.
  3. The game and the game servers, the value of the credits and the premium features are continuously updated, adjusted, extended and modified in order to keep them interesting for as many users as possible in the long time. Therefore, the user only obtains a right to use the game, the credits and the premium features in their current version at any given time. The user does not have a right to request maintenance of the game, the credits and the premium features in the version current at the time of the conclusion of the contract.
  4. At the discretion of MSquaredApplications, the game should be subdivided into individual game servers. The game and individual game servers can be organized in game rounds or as a continually developing game at the discretion of MSquaredApplications. The respective game server should be reset at the end of a game round. The user is not entitled to keep the game situation or position he has reached at this time or to having it transferred to a different game server. Nor is the user entitled to transfer his game account to another game server. At the end of a game round, the user may demand that already activated but unused credits are transferred to a different game server. The term "game round" will also be used below if the game is organized as a continually developing game in the long term; in this case, the term "game round" is intended to mean the "duration of the game".
  5. MSquaredApplications reserves the right to discontinue the operation of the game or of individual game servers at any time without having to state reasons for this. In this case, the user can demand that credits already activated but not used are transferred to a different game server or refunded.

Conclusion of a game user contract and the opening of a game account

  1. Membership commences upon conclusion of a game user contract and upon opening a game account for a game server by MSquaredApplications.
  2. Upon filling in the registration form, the user makes a binding offer for the conclusion of a game user contract concluded for an indefinite period. For this purpose, all data fields in the registration form must be filled in completely and correctly.

Information on withdrawal

Right of withdrawal

The user can revoke his contractual declaration to conclude a game user contract and to purchase credits in text form (letter) within a period of two weeks without having to state reasons for this. The period of notice commences at the time this information is received in text form but not before the contract is concluded nor before MSquaredApplications has fulfilled its duty to inform according to D.Lgsl. n.190/2005 Article 11 of the Italian Civil Code. The timely dispatch of the revocation notice shall be deemed sufficient to comply with the withdrawal deadline.

Any revocation is to be directed to:
-Andrea Marletta, Legnago, Sant’Antonio 34, 37045 Verona, Italy.
or
-Marco Martinelli, Sommacampagna, IV Novembre 15, 37066 Verona, Italy.

Consequences of withdrawal:

In case of an effective withdrawal, the performance received on both sides shall be returned and any benefits derived from the use are to be surrendered. If the user cannot return the performance to MSquaredApplications at all or can only do so in part or only in a worse state, the user must then compensate the value to MSquaredApplications. This might result in the user nevertheless being obliged to make the payments under the contract for the period up until revocation. This shall not apply to the provision of credits if the deterioration of the credits is solely attributable to purchasing an item at a shop. Any obligation to reimburse payments must be fulfilled within 30 days. This period commences for the user when he issues his declaration of revocation, for MSquaredApplications at the time of receipt of the respective declaration.

Premature lapse of the right of withdrawal:

The right of withdrawal of the user lapses prematurely if the game user contract or the contract on the purchase of credits is completely fulfilled by both sides upon the express request of the user before the user has exercised his right of withdrawal.

End of the information on withdrawal

Credits

  1. MSquaredApplications will possibly provide a service to the user in the game which simulates means of payment within the game ("Game Money"). Game Money is activated by certain actions of the user within the game. The user is aware that Game Money is a game function but not real money. Any trade or exchange of Game Money for real money between users is expressly prohibited. Any exchange of the Game Money for real money is excluded.
  2. MSquaredApplications might also provide a service to the user in the game which enables premium features to be activated ("credits"). Credits are purchased by the user subject to a charge but may also be activated by certain actions by the user within the game at the discretion of MSquaredApplications. The user is aware that credits are a game function but not real money. Any trade or exchange of the credits for real money between users is expressly prohibited. Any exchange or return of credits is excluded. Credits only apply to the game.
  3. The number of credits to be allocated, the game money to be put down and the conditions of the respective premium features are shown in the appropriate list in the game.
  4. Unless the wording or context used specifies otherwise, the term "sell" in connection with the transfer of credits means the "transfer to the user of a simple, non-transferable right of use to the credits, for which counterperformance must be rendered". Therefore, "buy" means the "purchase of a simple, non-transferable right of use to the credits by the user". The terms "buyer", "seller", "sale" and "purchase" and similar terms have analogous meanings.
  5. Without prejudice to all other agreements and the rights of MSquaredApplications the right to use the credits ends at all events when the game user contract existing between MSquaredApplications and the user ends, in particular if it is cancelled.
  6. The value of the credits varies according to the tariff chosen and can be modified at any time. The latest technical and other requirements at any given time are shown on the website of the game.

Premium features

  1. Credits enable the user to activate premium features in the course of the game. MSquaredApplications reserves the right to demand that game money is put down to activate premium features.
  2. The websites shows the premium features that are offered, which tariff they are offered at, which functions they have and what is required for them.
  3. MSquaredApplications reserves the right to at any time offer new premium features or modify individual premium features or to no longer offer them.

Terms of payment, set-off, rights of retention

  1. MSquaredApplications shall be entitled to request a fee in advance for the acquisition of credits. The fee is due from the user upon acquiring a simple right of use to the credits restricted to the game. The user has no right to request the provision or maintenance by MSquaredApplications of certain payment methods.
  2. If MSquaredApplications is returned direct debits or cancels direct debits as a result of behaviour for which the user is responsible, MSquaredApplications is entitled to stop the services and to immediately freeze the user's game account. This is without prejudice to the user's obligation to pay the fee. The user can cause the freeze on his game account to be lifted by paying the fees owed plus a processing fee. The user pays the costs for repeating the payment of the fee owed and the processing fee. The processing fee covers the costs for the return debits or cancellations, the freezing of the account, the notification of the freeze and the lifting of the freeze or the opening of a new account.
  3. The user may only set off counterclaims which are uncontested or declared legally valid from claims by MSquaredApplications. The user may only exercise a right of retention if his counterclaim is based on the same contractual relationship. Any assignment of the user's claims against MSquaredApplications to third parties is excluded.

User's duties

  1. Multi-account is ALLOWED at this time. MSquaredApplications reserves the right to delete this option any time without state, after a proper communication to the users.
  2. The user must ensure that the password he has received for his access is kept secret and is changed on a regular basis for security reasons. If a third party uses the game account of a user after he has obtained the user's access data because the user did not sufficiently protect it against third-party access, the user must tolerate being treated as if he had acted himself. The user is at liberty to furnish proof that he was not the person acting and that he sufficiently safeguarded the game account against third-party access.
  3. With its websites MSquaredApplications only provides a platform for the communication among players. The user himself is responsible for the contents of this communication. The platform only serves the purpose of game-related communication. It is prohibited to flood the communication platform with news, chain letters, snowball systems and other forms of spamming.
  4. The user undertakes to observe the laws and regulations applicable to him when using the game and the websites of the game. Furthermore, he undertakes to refrain from the following actions (which includes all names within the game e.g. user name, name of the avatar, name of the village, etc…):
    • Dissemination of statements with abusive, harassing or violent contents or with contents glorifying violence or with inflammatory, sexist, obscene, pornographic, racist, morally reprehensible contents or with other offensive or prohibited contents.
    • The insulting, harassment, threatening, frightening, defamation and embarrassment of other users.
    • Dissemination of statements with advertising, religious or political contents.
    • The spying out, disclosure or dissemination of personal or confidential information of other users or employees of MSquaredApplications or any other disregard of the private sphere of other users or the employees of MSquaredApplications.
    • Dissemination of untruthful allegations about the race, religion, sex, sexual orientation, origin, social status of other users or the employees of MSquaredApplications.
    • The spying out, disclosure or dissemination of confidential information of MSquaredApplications or Fantasy Vengeance.
    • Dissemination of untruthful allegations about MSquaredApplications or Fantasy Vengeance.
    • Pretending to be an employee of MSquaredApplications or Fantasy Vengeance or an affiliated company or partner of MSquaredApplications or Fantasy Vengeance.
    • Use of legally protected pictures, photos, graphics, videos, pieces of music, sounds, texts, brand names, titles, names, software or other contents without the consent of the holder(s) of the rights or having permission to do so by law or legal provision.
    • Use of prohibited or illegal contents.
    • Use of errors in the programming (called bugs).
    • Taking measures which lead to an overload of the servers and/or can considerably adversely affect the game play for other users.
    • Hacking or cracking and the encouragement or incitement to carry out hacking or cracking.
    • Dissemination of pirated software and the encouragement or incitement to disseminate pirated software.
    • Uploading of files containing viruses, Trojan horses, worms or destroyed data.
    • Use or dissemination of "auto" software programs, "macro" software programs or other "cheat utility" software programs.
    • Modification of the game, the websites of the game or parts thereof.
    • Use of software that enables what is referred to as "data mining" or in any other manner intercepting or gathering information related to the game.
    • Disruption of transmissions from and to the game servers and the website servers of the game.
    • Infiltration of game servers or the website servers of the game.
  5. Non-observance of these rules may, after a prior warning notice, lead to an immediate freeze or deletion of the game account or an instant extraordinary cancellation of the game user contract for good cause. In case of serious violations, a warning is not necessary. A violation is serious particularly if, when considering all the facts and circumstances of the individual case and taking the interests of both MSquaredApplications and the user into account, MSquaredApplications or Fantasy Vengeance cannot be reasonably expected to await any further violation.
  6. The user is only entitled to use the game via Official Clients. Any additional use via additional programs, scripts or other supporting tools is expressly prohibited without MSquaredApplications permissions. Non-observance of this prohibition may lead to an immediate freeze or deletion of the game account or an instant extraordinary cancellation of the game user contract for good cause. In case of serious violations, a warning is not necessary.
  7. The user undertakes to adhere to the rules of the game. Non-adherence may, after a prior warning notice, lead to an immediate freeze or deletion of the game account or an instant extraordinary cancellation of the game user contract for good cause. In case of serious violations, a warning is not necessary.
  8. The game is intended to bring as much fun to the users for as long as possible. In order to provide the function of the game as per contract, MSquaredApplications is therefore interested in preventing other users from disregarding the prohibition of using additional programs, scripts or other supporting tools. MSquaredApplications has the right to use suitable programs in order to detect such breaches of contractual obligations by users and to identify the respective user in case MSquaredApplications has a well-founded suspicion that a user is acting in breach of his contractual obligations. The user's attention shall be expressly drawn to the Privacy Policy of MSquaredApplications and Fantasy Vengeance.
  9. Unless otherwise specified in these Terms or any other agreement with the user, MSquaredApplications shall usually communicate with the user by email. The user shall ensure that emails sent by MSquaredApplications to the email address stated by the user at the time of registration, or at a later time, actually reach him. This shall be ensured by appropriate settings of the spam filter and by checking this address regularly. In other respects MSquaredApplications reserves the right to freely choose the form of correspondence for any other written communication.
  10. Whenever the user contacts MSquaredApplications, the user is advised to state his player's name, the game account to which his inquiry refers.

Defects in the game

  1. MSquaredApplications provides use of the game and the websites of the game to the user in the version existing at the respective point of time. Without prejudice to any claims in case there are defects in the game or in the websites of the game, the user is not entitled to request that a certain state and/or functional scope of the game be maintained or set up.
  2. As a contribution to the proper operation of the game, the user is advised to always meaningfully document any defects that occur in the game or in any other supplies or services of MSquaredApplications or Fantasy Vengeance and in particular, to report them by recording the error reports displayed.
  3. For the user's own protection, and in particular for reasons of securing evidence, the user is recommended to direct any notices of defects in writing by email.
  4. MSquaredApplications shall not assume any guarantees in the legal sense, unless expressly otherwise agreed in writing.

Rights of the user in case of defects

  1. MSquaredApplications shall not be liable under any circumstances for any damage derived by force majeure causes, loss of data caused by hosters or caused by users, or third, against other users.
  2. The limitations and exclusions of liability above shall not apply in the event of death, physical injury and impairment of health or in the event that MSquaredApplications accepts a guarantee.
  3. The limitations and exclusions of liability above shall also apply as regards the liability of the employees, workers, associates, representatives and vicarious agents of MSquaredApplications, particularly in favour of the stockholders, employees, representatives, executive bodies and the members thereof regarding their personal liability.

Duration of the contract and termination

  1. The contracts between the user and MSquaredApplications on the use of the basic version of the game servers are concluded for an indefinite period of time, unless otherwise determined in the specific offer.
  2. Should a fixed duration not have been agreed upon for the game user contract, both parties may give notice of the ordinary cancellation of the game user contract at any time with four (4) weeks' notice. The game user contract must be cancelled in writing.
  3. It is not necessary to give reasons for an ordinary cancellation.
  4. The right of the parties to give notice of the extraordinary instant cancellation of the game user contract for good cause remains unaffected by the provisions above. Reasons must be given to give extraordinary instant cancellation for cause.
  5. Without prejudice MSquaredApplications is entitled to give notice of cancellation for good cause if:
    • the user has not used his game account for eight (8) weeks despite receiving a warning in this connection.
    • there are other circumstances which justify an immediate termination of the game user contract.

Data protection and advertising

  1. MSquaredApplications shall handle all personal data which the user submits during the contractual relations strictly confidentially and in compliance with all relevant data protection regulations.
  2. For technical reasons, participation in the game and the game-related services is not possible without saving user data. The user agrees to the electronic saving and processing of his data by applying to open a game account or by using game-related services.
  3. Should a player request the complete deletion of his data, this shall automatically result in the deletion of his game account and the cancellation of the game user contract.
  4. Upon deletion of the account, MSquaredApplications deletes the data of the user from its system.
  5. However MSquaredApplications remains entitled to continue to inform the user of innovations via emails also after the deletion of the account. The user may, of course, revoke his consent at any time in writing (e.g. by email) without incurring any costs, apart from the costs of transmitting the written revocation (at base rates). The user shall also be given the opportunity in all information sent by MSquaredApplications and in every newsletter to refuse to accept further information and to dispatch an appropriate revocation.
  6. The user is aware that the websites and the game operated by MSquaredApplications might be partially financed by advertisements. The user therefore consents to MSquaredApplications possibly enabling affiliated subsidiaries or associated companies to contact the user for advertising purposes. As long as the user does not object, his data may also be used for sending the user advertisements which reflect his interests (based on the information he has submitted and on his actions within the websites and games operated by MSquaredApplications). The user may, of course, revoke his consent at any time in writing (e.g. by email) without incurring any costs, apart from the costs of transmitting the written revocation (at base rates). The user shall be given the opportunity in all advertising messages sent by MSquaredApplications to refuse to accept further information and to dispatch an appropriate revocation.
  7. In other respects, the MSquaredApplications Privacy Policy applies.

Final provisions

  1. These Terms and all contracts concluded on the basis of these Terms shall be subject to the laws of the Italian Republic.
  2. If the user has his place of residence or habitual place of abode outside the Italian Republic, the registered office of MSquaredApplications shall be the place of jurisdiction. This also applies if the user's place of residence or habitual place of abode is unknown at the time when legal action is brought.
  3. Should provisions of these Terms be invalid, this shall not affect the validity of the remaining provisions.


MSquaredApplications, Verona, Italy, composed by:

-Andrea Marletta, Legnago, Sant’Antonio 34, 37045 Verona, Italy, P.IVA 04048920237;

-Marco Martinelli, Sommacampagna, IV Novembre 15, 37066 Verona, Italy, P.IVA 04049960232;

hereinafter referred to as MSquaredApplications, operates the online game Fantasy Vengeance (hereinafter: "game"). The services provided within the framework of this game are provided exclusively on the basis of these Terms and Conditions (Terms).