Terms of Service
Date: 23 September 2016
MobstarGame is a game by Media Artists B.V.
1. ACCEPTANCE OF TERMS Welcome to MobstarGame. MobstarGame provides its service to you, subject to the following Terms of Service ("TOS").
2. DESCRIPTION OF SERVICE
MobstarGame currently provides users with access to online entertainment in the form of a game in which users interact with each other (the "Service"). You understand and agree that the Service may include (third party) advertisements and that these advertisements might be necessary for MobstarGame to provide the Service. We always use reasonable efforts to make sure that any advertisements shown are legal and appropriate, but cannot guarantee that this will always be the case. Therefore, we cannot be held responsible for the contents of such advertisements. You also understand and agree that the Service may include certain communications from MobstarGame, such as service announcements, administrative messages and the MobstarGame Newsletter. You receive these communications as part of your MobstarGame membership, but you can always unsubscribe from such communications via the unsubscribe link in each MobstarGame Newsletter or by sending us an e-mail. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release of new MobstarGame properties, shall be subject to the TOS. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. By accepting the terms of this TOS and by paying the membership fee, you have become a payer of the Service with the privilege to use the Service and the obligations set forth in these TOS.
3. YOUR REGISTRATION OBLIGATIONS
In order to be able to make use of and have access to the Service, you have to create an account in the way as described in the registration process. Upon completing the Service's registration process, you will receive a password and account designation. You are responsible for keeping your credentials strictly confidential. You are responsible and liable for all use made of and access to the Service by means of your account. As soon as you know or have reason to assume that your account and/or credentials has/have come into the hands of unauthorized third party/parties or experienced any other security breach, you must inform MobstarGame of this immediately, notwithstanding your own obligations to take immediate effective measures yourself, such as changing the login details to your account. MobstarGame accepts no liability for any damages or losses resulting from unauthorized access to or use of the Service by you or third parties. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the all information to keep it true, accurate, current and complete. You will provide an email address which we can contact you for the duration of you membership. Paying members will provide MobstarGame with 1 (one) email address and accept that this will be the only email address used for communications with them. This email address can not be changed during the entire membership. In the future MobstarGame might be handing out prizes to the players who show that they have the knowledge to be the best godfathers. Therefore we have to know who the person is to be able to hand out prizes. If you provide any information that is untrue, inaccurate, not current or incomplete, or MobstarGame has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MobstarGame has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. COMPENSATION FOR THE SERVICE
MobstarGame offers a variety of subscription types. Durations vary from 6 to 12 months, or any other period as indicated on the website of MobstarGame. Unless indicated otherwise, your subscription will terminate automatically and you will be asked to renew your subscription before the subscription ends. In order to use certain features or parts of the Service, a payment may be required in the form of credits (“Honorpoints”). Purchasing Honorpoints is possible through the website of MobstarGames and/or directly within the Service. All prices include 21 % VAT, irrespective your country of residence. Honorpoints may be used to make virtual in-game purchases, such as for weapons, aircrafts and other equipment, or to get a paid membership for a certain defined period of time. Paying members are allowed access to additional parts of the Service which are not accessible to non-paying members.Honorpoints may also be earned solely by making use of the Service for extended periods of time. Thus, by using the Service you may get Honorpoints for free. It is expressly understood and agreed that you will not have a proprietary, economic and/ or monetary interest in the virtual in-game purchases, the Honorpoints and/or any other MobstarGame credits. All purchases through the Service are final, non-refundable and have no monetary value. Payments can be made through the payment methods offered by Icepay, or as explained further on the website and/or within the Service. If you purchase Honorpoints, you are obligated to make a payment accordingly. Because the service of providing the Honorpoints is directly carried out by MobstarGames, and at your express request, it is not possible to cancel the agreement under the Dutch Distance Selling Act (“Wet koop op afstand”) or any equivalent statute and/or act under applicable law. Honorpoints are not refundable and have an expiration date of 1 year after purchase. In case of any trouble with purchased credit points, please contact email@example.com.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MobstarGame, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MobstarGame does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MobstarGame be responsible in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service, amongst others, to:
1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. When an user is reported doing so appropriate measures will be taken. Verbally abusing players and staff is considered poor etiquette and measures can be taken without notice or explanation;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a MobstarGame administrator, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
5. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. "Stalk" or otherwise harass another; or
8. Collect, store or otherwise process personal data about other users.
9. Errors in the system (this is the game and hardware) to benefit from it, it is considered as cheating. All bugs should be reported to an administrator as soon as discovered; In addition, using the Service to promote the distribution of or access to warez, MP3s, or other illegal software or products is strictly forbidden and will not be tolerated. Using the Service to distribute pornography or access to pornography of any kind is strictly forbidden and will not be tolerated. You acknowledge that MobstarGame does not pre-screen Content, but that MobstarGame and its designees shall have the right (but not the obligation) pursuant to Article 7 of these TOS in their sole discretion to refuse or remove any Content that is (made) available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Mobstar or submitted to Mobstar, including without limitation information in MobstarGame's forums and in all other parts of the Service.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
7. NOTICE AND TAKEDOWN
If MobstarGame suspects that acts have been committed in violation of the TOS and/or the Game Guidelines attached hereto as Appendix A, it is entitled to investigate whether this is true. Such a suspicion may arise because of a report. If MobstarGame finds positive proof that unlawful acts have been committed or that unlawful Content is stored or has already been sent, it is entitled to intervene to the greatest extent possible. It is of course possible that Content has already been sent at that time. MobstarGame is not liable for the consequences thereof. Everyone can file a complaint through firstname.lastname@example.org. MobstarGame takes up complaints if the complainant includes his or her particulars, clearly describes the complaint and indicates why he or she is suffering damage as a result of the subject of the complaint. The complainant must indicate which action he or she expects to be taken in response to the complaint. MobstarGame will make reasonable efforts to respond within a reasonable time to the complaint. If MobstarGame finds proof that you are acting in breach of the TOS and/or the Game Guidelines, or receives a complaint about this, MobstarGame may issue a warning. If this does not result in an acceptable solution, MobstarGame is entitled to intervene in order to end the breach. In urgent or serious cases, MobstarGame may intervene without a warning. A situation is considered urgent or serious if the violation causes or threatens to cause nuisance, damage or another danger to the Service, its members and/or third parties. If MobstarGame thinks that nuisance, damage or another danger may arise for the functioning of the computer systems or the network of MobstarGame or third parties and/ or of the Service performance via the Internet, in particular due to sending excessive emails or other data, leaking personal data or activities of viruses, trojans and similar software, MobstarGame is entitled to take all measures it may reasonably deem necessary to avert or prevent this danger. MobstarGame is at all times entitled to report criminal acts of which they have found evidence. MobstarGame may submit all relevant information on you to the competent authorities and perform any other act said authorities require from MobstarGame for the benefit of the investigation. MobstarGame is entitled to hand over your name, (IP) address, and other identifying particulars to a third party complaining that the you are violating the rights of such third party, these TOS and/or Game Guidelines, provided that there is sufficient cause to reasonably assume that such complaint is justified, if there is no other way to get hold of this data and if the third party has a clear interest in the delivery of said particulars. MobstarGame is entitled to surrender all (personal) data, including stored messages if it is ordered to do so by an authorized representative of the judicial system. MobstarGame may recover the damage resulting from violations of these TOS and/or applicable law from you. You hold MobstarGame harmless against all third-party claims regarding information posted by you.
8. MODIFICATION, AVAILABILITY AND MAINTENANCE
MobstarGame will make reasonable efforts to realize the uninterrupted availability of its systems, network and Service, but offers no guarantees in this regard unless otherwise agreed. MobstarGame also makes no promises or guarantees as to security, availability and integrity of data transfers while making use of the Service, unless it explicitly states otherwise. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. If MobstarGame considers that there is a danger to the functioning of its systems, network or Services, MobstarGame will have the right to implement all measures it considers reasonably necessary to avert or prevent this danger. MobstarGame reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Feedback and suggestions from you are welcome and the parties may conduct talks, but MobstarGame itself makes the final decision on which changes it will or will not implement. MobstarGame has the right to temporarily take its systems, Service, networks or parts thereof out of operation for the purpose of maintenance, adjustment or improvement. MobstarGame will attempt to let such taking out of service take place as much as possible outside working hours and it will endeavor to notify you in due time of the scheduled taking out of service. You agree that MobstarGame shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Additionally, MobstarGame is under no obligation to offer refunds in any form whatsoever.
You agree to indemnify and hold MobstarGame, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. A special word on paying accounts: It's prohibited to sell paying accounts.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MobstarGame may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MobstarGame's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. To the fullest extent permitted by law, you agree that MobstarGame has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MobstarGame reserves the right to log off accounts that are inactive for a period of 18 months. You further acknowledge that MobstarGame reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that MobstarGame may, under certain circumstances, immediately terminate your MobstarGame account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. MobstarGame will endeavor to notify you in due time, but under certain exceptional circumstances notification is not required. Termination of your MobstarGame account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MobstarGame's sole discretion and that MobstarGame shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because MobstarGame has no control over such sites and resources, you acknowledge and agree that MobstarGame is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that MobstarGame shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
MOBSTARGAME'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MobstarGame or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. MobstarGame does not claim ownership of Content you submit or make available for inclusion on the Service. By submitting or making available Content, you grant MobstarGame a perpetual and unlimited license to use this information for the Service. This does not apply to information expressly marked as confidential. MobstarGame grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MobstarGame for use in accessing the Service.
15. DISCLAIMER OF WARRANTIES
The Service and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied. MobstarGame will use reasonable industry standards in order to prevent the intrusion of viruses or other harmful components. However, MobstarGame does not warrant that the functions contained in the Service or the materials will be uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that makes it available are free of viruses or other harmful components. The liability of MobstarGame for direct damage incurred by the you due to a culpable failure on the part of MobstarGame to comply with its obligation under the these TOS, or due to an unlawful act committed by MobstarGame, its employees or third parties engaged by it, is limited per damage-causing incident, whereby a series of connected incidents count as a single incident, to an amount equal paid by you in the three (3) months prior to the damage-causing incident. However, in no case will the total compensation for direct damage exceed the amount of two times the subscription fees for a twelve (12) month period. The liability of MobstarGame for indirect damage, including consequential loss, loss of earnings, missed economies, loss of (business) data and damage due to business stagnation is excluded. Except for the cases referred to in this article, MobstarGame bears no liability whatsoever for damages, regardless of the grounds on which the claim for damages is based. The liability limitations referred to in this article will however lapse if and insofar as the damage is the result of intent or gross negligence on the part of MobstarGame. You indemnify MobstarGame against all third party claims for compensation for damage, costs or interest relating to the Service. MobstarGame shall have no liability to you if it is prevented from or delayed in performing its obligations hereunder, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, cybercrime, (distributed) denial of service attacks, failure of a utility service or transport or telecommunications network, war, riot, fire, flood, storm or unforeseeable default of suppliers, provided that you are notified of such an event and its expected duration. The provisions of this article, as well as any other liability limitations referred to in these TOS, shall only apply to the extent permitted by mandatory applicable law.
16. PRIVACY AND SECURITY
17. GAME GUIDELINES:
Users agree to follow all game guidelines. These game guidelines are attached as APPENDIX A and you understand that violation will result in measurements taken.
18. TERMINATING YOUR ACCOUNT
Users who no longer wish to play MobstarGame may terminate their accounts by sending a notification to us or by following the steps to this end within its personal account. For the avoidance of doubt, terminating your account will not result in a refund of any sums you have paid.
19. OPERATIONAL INTERFERENCE
Users agree not to, through use of software or other means, interfere with game operation and page content. Users agree to follow administrator requests and instructions.
Other sections of the Service may have its own rules (such as the chat rooms.) These rules are an addition to the TOS, and are not intended to replace them. Violation of these rules is considered to be a violation of the TOS and will be dealt with as provided in these TOS. Please familiarize yourself with all game rules before playing. Failure to be familiar with the game rules is not an excuse for breaking them and will not be accepted as a defence of your account.
21. PLAYER STAFF INTERACTION
Both users and staff are expected to coexist in a polite and respectful environment. This applies to professional interaction only, as there are instances when the staff member is acting in the capacity of a player, and not an administrator. This is not to say a staff member may become abusive and claim they were acting in a player capacity, but it does mean a staff member need not be stoic at all times. They're volunteers, and need to relax/ get into arguments too. This should never be the case in professional settings (i.e. Customer Service requests).
22. COMMUNITY GUIDELINES
Since people of diverse ages, backgrounds, religions, and nationalities use the Service, it is expected that the players will refrain from speech that is deliberately inflammatory, excessively vulgar, and/or personally derogatory. In other words: No flaming and keep the "trash talk" to a minimum. This applies to the general chat (public and private) as well as the notes (public and private). Pushing excessive quantities of chat (public or private) into the game, whether directed at the entire game or at a particular player is considered spamming. The public chat and forums are not the exclusive domain of any one language.
23. CHANGES TO TERMS OF SERVICE
MobstarGame reserves the right to amend or supplement these TOS. Changes and additions shall be implemented with due observance of a term of thirty (30) calendar days after the notification of the change/amendment to the user. Changes and amendments of minor importance can be implemented at all times. If you do not wish to accept a change/amendment, until the date on which the new TOS enter into effect, you may cancel the agreement towards that date by terminating your account. Use of the Service after the date of effect shall constitute acceptance of the changed or added-to TOS.
24. MISCELLANEOUS The TOS
and your use of the Service are governed by the laws of the Netherlands. Unless the rules of mandatory law dictate otherwise, all disputes that may arise pursuant to or in connection with the Agreement will be submitted to the competent Dutch court in the district where MobstarGame has its registered place of business. ‘Written/in writing’ in these TOS also refers to e-mail communication, provided the identity of the sender and the integrity of the contents is adequately established. If any provision in the TOS proves to be null and void, this shall not affect the applicability of the TOS as a whole. In such cases, the parties will adopt one or more new provisions that implement the intention of the original TOS as much as possible. The reports and the version of communications or information saved by MobstarGame is deemed to be correct unless you provide evidence to the contrary.
Media Artists BV
de Sterke Arm 2
3901 ER Veenendaal
Game Guidelines: Following is a list of violations of game law, and the resulting punishments. If the offending player holds multiple accounts, all accounts may be subjected to the same punishment. (That is to say the offender is a person behind any given number of accounts, not just a particular account) Some offences may result in temporary suspension of posting privileges, the prison terms are reserved for repeat offenders. Game staff reserves the right to interpret these laws in certain situations to maintain the spirit of said laws.
Intentionally spamming or flooding of message boards, chat rooms, or other communication venues will result in a 5 day prison term. Advertising is considered flooding too.
2. PLAYER HARASSMENT As a side note, this is a difficult topic to be concise about. The Internet is such that public "flame wars" are bound to happen. It is therefore up to game staff to determine when a communication crosses the line into abusive. This is not to say everyone must play nice, this is a mafia game after all. The harassment law only applies to continued and targeted harassment of a particular person, not the occasional insult. The following language assumes a staff member has deemed the interaction as continued harassment. Public harassment of fellow players will result in a 10 day prison term. In general, private communications are just that, private, and not subject to decency or harassment laws. Players are encouraged to use the provided privacy tools to stop harassment. With that said persons who attempt to undermine the privacy tools will also get their 10 days in prison.
3. STAFF HARASSMENTS/SLANDER
Any complaints against staff will be presented in a clear, courteous manner, bereft of profanity and overflowing in wit and charm. Slanderous/personal attacks/profane communications against staff members will not be tolerated, and will result in the offending remarks removed, and a 10 day prison sentence for the disseminator.
Programs designed to automate actions on the game are strictly forbidden. Subject to any other (legal) remedies MobstarGame might have (including, without limitation, demanding compensation for damages), accounts found to have scripts will be put in prison for 365 days or longer, depending on both the nature and severity of scripts (to be determined by MobstarGame).
5. UNAUTHORIZED ACCESS OF ANOTHER ACCOUNT
Logging in to, or using another person's account without express permission will result in deletion of any/all of the offender's accounts. To clarify the account sharing issue - you cannot share an account with another person, paid or unpaid. You may "baby-sit" someone's account, but you may not use another person's account as your own for a prolonged period of time. (And none of this "I was babysitting their account - for 2 years straight!") This rule is mainly in place to deal with situations where two people claim ownership over an account. Whoever pays the bills owns the account. Additionally, shared use of someone's paid account to access subscriber-only content or features is not "okay since it's paid for," it's stealing. It's just like going to an all-you-can-eat buffet and sharing.
6. GAME BUG ABUSE
Depending on severity, game bug abuse will result in anywhere from a 30 day prison term to account deletion. Bugs, loopholes, security flaws, or any inconsistencies in the game should be immediately reported in the appropriate thread on the message boards.
7. Prison Players that break the TOS can be put in prison. This is a game state in which the player has no longer control of his account. Neither can the player create new accounts. The only way for a player to get out of this prison is to show regrets for breaking the TOS. It is up to the staff to determine if these regrets are sincere. If the staff does not find the regrets sincere the player will not get out of prison. Players that abuse this prison option to disable their account will be released from prison without notice.
8. MULTIPLE ACCOUNTS
The rules described here designed so that everyone has a fair chance in the game. Having multiple accounts gives you an unfair advantage and is not allowed.
9. CREDIT TRANSACTIONS
All external credit transactions that aren't done via MobstarGame's official payment methodes are illegal. This contains credits that are purchased from other users, crews or any other seller apart from MobstarGame. Doing otherwise will result in withdrawal of the credits, without a refund of the valuta you have paid in. Next to that, both seller and buyer will be put into prison.
Media Artists BV
de Sterke Arm 2
3901 ER Veenendaal