TERMS OF USE
The information, services and products available to you on this website may contain errors and are subject to periods of interruption. While exorace.com does its best to maintain the information, services and products it offers, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of exorace, even if we have been advised of the possibility of such damages. EXORACE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEBSITE "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL EXORACE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF EXORACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEBSITE. Membership (I) Beginning of membership Membership commences after either a Game and/or Board Account has been registered. The user must use a valid e-mail address. Exorace reserves the right to test this at any time. (II) Termination by User The membership may be terminated by the user by deleting the account. The erasure of data information may be delayed for technical reasons. (III) Termination by carrier No user has any claim to take part at a service from Exorace. The carrier reserves the right to delete or to block accounts, mainly but not exclusively, in a case of violation of these Terms and Conditions or Game/Board Rules. The project management decide if an account is deleted. Objections may only be raised towards the project management. There is no legal claim with regards to account termination. (IV) Refund The user is not entitled to claim refunds except if the membership was terminated by Exorace and the user did not cause the termination through a breach of the Terms and Conditions, the Game/Board Rules or the applicable law. (V) Miscellaneous If an account is financed by a user, the user gains only the rights he/she paid for (e.g. advertising-free account, usage of an account, special functions) and is not in the position to make a further claim. All rights stay with the carrier. Contents / Responsibility Exorace provides a platform that allows users to communicate with each other. Users are responsible for the contents of their communication. Pornographic, xenophobic, offensive and illegal content are not permitted and are not within the responsibility of the carrier. Violations could lead to a direct deletion or blockage from any and all Exorace services. Prohibited actions (I) Manipulative actions No user has the right to use any actions, mechanism or software in conjunction with the website(s) which could interfere with the function and development of the game. Users are not permitted to take actions, which cause an unacceptable or excessive strain of technical capacities. Users are not permitted to block, overwrite, or modify content which was generated by the project management. (II) Prohibited programs It is prohibited to load any sites of the game with any other programs than web browsers. Such other programs are in particular so called "Bots" as well as other tools that simulate, replace or supplement the web interface. The same applies to scripts and completely or partially automated programs that provide advantages towards other users. Auto-refresh-functions and other integrated mechanisms of the web browser are included, as long as those are automated actions. The usage of actions which disable advertisements is prohibited. It is inconsequential if the advertisement is blocked on purpose or is generally blocked through a pop-up-blocker, text based browser or other similar function. The only exemptions from this are those which have explicitly obtained permission from Exorace. (III) Direct log-ins The log-in into an account is permitted directly from the games startpage only. Automated opening of an account, no matter if displaying the start page or not, is prohibited. Restrictions (I) Maximum number of accounts All users agree to use only one account per server. So called "Multis", i.e. users who do not comply with this agreement, can be deleted or blocked without prior notice. (II) Rules Full particulars are contained in the gamerules. All users are subject to the game rules. (III) Blocking Users can be blocked temporarily or continuously at the carriers discretion. The blocking could also be for any and/or all services. Data protection (I) Storage of personal data The carrier reserves the right to store personal data of users in order to supervise the obedience of users to the rules, the Terms and Conditions and the applicable laws. Subject to storage may be the IP address in connection to connection time and connection method, the registered email address and - if available - all data from the user's profile which is entered voluntarily. In boards the profile data which is entered by the user is stored. (II) Transmission and usage of data The carrier reserves the right, in compliance with the Spanish Data Protection Act and all other applicable legal statutes, to disclose personal data to authorities, attorneys or clerks, if it is required for, and as far as necessary, the protection of the carriers interests and rights or the protection of the authorities legal duties. (III) Objection The user can object to the storage of personal data at any time. As the participation of games requires the storage of personal data for technical reasons, the user account/accounts will be deleted on receipt of the objection at the earliest possible time, subject to technical availability. Rights of the carrier regarding the accounts (I) General rights All accounts, including their resources, units, etc. are virtual objects of the game. The user does not obtain ownership or any other rights to the account. All rights are reserved by the carrier. No rights, in particular exploitative rights, are assigned to the user. (II) Prohibition of exploitation Without written permission of the carrier, it is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts or access data. In particular, it is prohibited to sell accounts or resources, or to make any other profit by leaving accounts or resources to third parties. The same applies to selling access data, rights of utilization as well as any other attempt to evade this regulation. Violations of these or other rights of the carrier, in particular copyrights, will be reported to authorities and prosecuted. Modification of Terms and Conditions The carrier reserves the right to modify or extend these Terms and Conditions at any time. A modification or extension will be published for not less than two weeks before the changes become effective. Applicable law Spanish law is exclusively applicable for all legal matters with regards to Exorace. If several areas of jurisdiction are applicable, the area of jurisdiction is that which governs Exorace. In international legal matters the courts at the jurisdiction of Exorace are solely responsible. |