TAERN RULES OF USE
I. GENERAL1. Please read carefully the terms and conditions, and policies outlined below before using this Web site and The Pride of Taern Game.
2 The Rules of Use set out the type and scope of services offered online at the Web site address: www.taern.com, and policies with regard to 'The Pride of Taern' game available on this web site.
3 The rights and obligations of the Users and the Web site Service Provider, which can be read at: www.taern.com, specify exclusively provisions of the Rules of Use and all annexes and supplements hereto, which constitute the integral part hereof, and laws applicable in the territory of the Republic of Poland.
4 By using this Web site services you unconditionally accept the provisions of the Rules of Use
Rules of Use
This document together with all the annexes and supplements hereto.
Taern Web Site (or Web-based Service)
Taern Internet portal, The Pride of Taern Game and all the data, information, content, functionality and services available for users at the URL: www.taern.com and other WWW addresses of the Service Provider.
The computer program called 'The Pride of Taern" that can be accessed with a web browser at: www.taern.com and used as an interactive entertainment.
The entity that manages and maintains a Web site at the URL: www.taern.com. and the sponsor of the Game, referred to in paragraph III of these Rules of Use.
Player (Customer, User)
Any person who has registered for the Game and/or uses or has used his/her account in any manner.
The space on the Taern Web site created by the Player in the process of registration for the Game that contains data and parameters used in the Game, which can be accessed only after submitting the Login and password.
An individual name of the Player's account selected by the Player at the time of establishing a new account in the Game during the process of registration. Pseudonym A character's identifier selected by the Player, visible to all other players.
An uncodified set of rules of acceptable behaviour and decency on the Internet, including fair play, respect of other users' dignity, refraining from using the language commonly recognized as vulgar, offensive or discriminatory, as well as any other conduct reported by other users as unfair or reprehensible. The Administrator will judge at his sole discretion whether the rules of the Netiquette have been violated and will decide about the sanctions determined in the Rules of Use.
Special points in the Game that can be purchased by the Player under the 'Platinum' tab. These points may be exchanged by the Player for Benefits.
A separate page at taern.com, accessed from the game level after clicking the settings icon and the button 'Purchase Platinum'. It can also be accessed from the home page at the URL: www.taern.com, on the left-hand side.
Any conveniences in the Game (e.g. additional weapons, abilities, endurance, etc.) as compared to the basic version available when activated for the first time, which can be obtained by the Player, as devised by the game plan script, or acquired during the play by exchanging Platinum.
A non-player character controlled by the computer, with whom the Player may interact through a dialogue, shop or other activities, as designed by the Game system.
III. SERVICE PROVIDER
The owner of taern.com is Whitemoon System Krzysztof Danilewicz, with its registered office at 50-117 Wrocław, ul. Igielna 14-15/2, NIP: 897-169-52-62, REGON: 020740661, hereinafter referred to as the 'Service Provider'.
IV. HARDWARE AND SOFTWARE REQUIREMENTS
1. To become the User of the Taern Web site and play the Game, the following hardware and software is required: a computer, any web browser with installed Adobe Flash Player, preferably the latest version, high-speed Internet and the minimum screen resolution of 1024 x 768.
2. The Service Provider reserves the right to use cookie files, stored on the hard drive of the Users' computers to ensure proper operation of the Game. Detailed rules of issuing and using cookie files are set out in respective provisions of these Rules of Use.
V. SERVICES OFFERED BY TAERN
1. The main object of business activities of the Taern Internet portal is to provide its Users with an opportunity to enter the Pride of Taern Game with a web browser. For this purpose, the Service Provider's own resources of the teleinformatic system (or leased), as well as the required software, are made available to Users on the server (Game engine, the WWW) and the web browser resources (game client).
2. Using the Taern Web site is free and voluntary. The Service Provider reserves the right to impose fees for selected services or elements of the Game, as specified in the Rules of Use, a separate Price-list or under the 'Platinum' tab.
3. The Service Provider reserves the right to generate revenues from advertisements placed on the Taern Web site and from in-Game advertising.
1. Establishing a Game Account is free.
2. To register a Game Account, it is necessary to enter a new Login (User's present e-mail address) and a unique password, at the appropriate place on the Taern Web site. The User's Account is activated upon clicking a link located in an activation message sent to the e-mail address submitted as Login in the process of registration.
3. By establishing a Game Account, the User acknowledges that:
1) he/she has fully read and understood the terms and conditions of the Rules of Use, Annexes and Supplements hereto and shall abide by them,
2) he/she is eligible to register for and play the Game or has parents' (legal guardians') permission to do so. Minors may use the Account, established by and with consent of their parents or a legal guardian. By giving consent to use the Account on the Taern Internet portal by a minor, a parent or a legal guardian accepts to abide by these Rules, represents and warrants to assume liability for the use of such Account by his/her minor.
4. Registration of the User's character name becomes active upon selecting 'Create character' option and correctly completing a character creation form.
5. To enter the Game under a character created by the User, it is necessary to log in to the Game, each time using the User's Login and password.
6. The User is fully responsible for remembering his/her Login and password, keeping the account information secure and confidential, and its loss. The Service Provider shall assume no liability for the loss of Login and password by the User and consequences of further acts with the use of the aforementioned information.
7. The User shall not be allowed to use a character created in the Game if the password has been lost. To participate in the Game, the User shall create a new character. Parts of the equipment that have been identified and assigned to the lost NPC, including the payable ones, will not be assigned to a new NPC.
8. The Player's obligation is to update his/her e-mail address supplied in the process of registration BEFORE each change of it. The e-mail address constitutes the main contact between the Service Provider and the Player. Any communication sent to the e-mail address submitted by the User shall be deemed effectively delivered. The Service Provider shall assume no liability for any damage due to incorrect or inactive e-mail account of the User.
9. If the User loses access to a mailbox designated in the process of registration or the account information has been changed (forgetting or losing the password), the User shall lose irretrievably access to the Game Account.
10. The Player acknowledges that the information provided during the process of registra-tion or change:
a) is true and correct;
b) does not infringe the rights of third parties;
c) does not violate the applicable law and generally accepted moral standards.
11. Logging in at the same time to two Accounts held by one Player is not allowed.
12. An Account will be automatically deleted if the Player holds an NPC below 10-level experience and has failed to log in for 90 days. NPCs above 10 level will not be removed.
1. Using one of the options under the 'Platinum' tab, a Player may purchase Platinum.
2. The Platinum purchase may be effected by: (1) online payment, (2) payable SMS, (3) credit card (4) e-transfer and (5) regular money transfer. Payments by credit cards and e-transfer are provided by Dotpay Settlement Centre.
3. If the payment is made to the Service Provider's bank account by postal order or money transfer, only forms generated each time on the Dotpay Web site are accepted, or those exactly the same as a Dotpay sample form. When making an offline payment other than a postal order, exactly the same information as on the generated form must be provided, including the purpose of the money remittance. Platinum will be added to the Player's holdings within 3 working days from crediting the money due on the Service Provider's bank account.
4. Before any purchase of Platinum, a Price-list, presented under each payment method, must be carefully read. Activating the payment for Platinum, the User accepts the purchase price, as shown.
5. A person using the 'Platinum' tab shall provide true and correct personal information if required by the payment processing service.
6. The Service Provider reserves the right to change the Platinum price without any reason. Each time, updated prices will be displayed under the Platinum tab. Prices shown under the Platinum tab and/or any other place on the Taern Web site are not a commercial offer in the meaning of law.
7. Should there be no confirmation of the transaction performed from the Platinum tab and no Platinum added within the term guaranteed by the payment agent, the Player shall immediately contact the Service Provider.
8. The Service Provider shall not be liable for incorrect data entered by the User on money transfer forms, money orders or in SMS text messages.
9. The purchased Platinum is available on the Game Account.
10. The amount of the collected Platinum is shown with the NPC.
11. The purchased Platinum is not refundable.
12. The loss of access to the Account for reasons on the Player's part (e.g. loss of Login, access to the e-mail account provided at the time of registration) shall mean the loss of Platinum and all other Benefits purchased by Platinum.
13. Should any doubts arise, the Player shall withdraw from a virtual transaction and contact the Service Provider.
14. If any errors appear under the Platinum tab, the Player shall immediately contact the Service Provider.
15. Platinum cannot be exchanged for real money (or any cash equivalent) even if the Player has not used the entire amount of it.
16. The Service Provider shall not be obligated to issue VAT invoices (pursuant to art. 106.4 of the Act referred to below) to natural persons who do not carry on business activities in the meaning of the Tax on Goods and Services Act. If such person wishes however to receive a VAT invoice, he/she will send a written request by registered mail to the mailing address of the Service Provider together with money transfer confirmation of the transaction to be covered by the invoice, and an addressed return envelope.
17. The Player may exchange Platinum for the Benefits available with an NPC and will be responsible for the type and number of Benefits acquired for Platinum.
18. The Player acknowledges that he is fully aware of no possibility to annul the transaction with the NPC and shall not demand any intervention or Platinum refund if the transaction has been made by mistake, and shall not make any claims against the Service Provider with regard to such cases.
19. The Service Provider reserves the right to change elements and services exchanged for a certain amount of Platinum and adapt them to current needs of the Game without giving any reason.
20. The Player acknowledges and accepts that in-Game transactions, including those among Players or between Players and NPC are solely virtual (only to add variety to the Game) and have no legal effects. It also applies to the services performed by persons designated by the Service Provider instead of those performed by the NPC. Such services are not commercial offers and transactions in the meaning of law, but solely and exclusively an element of the Game. The Player agrees not to demand any compensation or refunds with regard to such transactions.
21. The Player acknowledges that the NPC, or a person authorised by the Service Provider, may refuse the exchange of Platinum for a certain in-Game equivalent if the Game itself, the Player's level of experience or other factors related to the Game, or to the Player's character, shall not allow for it or it would hinder playing the Game by other Players or service performance by the Service Provider, or for any other important reasons on the part of the Service Provider.
22. Any in-Game virtual goods (gold, objects, Platinum) cannot be exchanged for the cash equivalent, as they are only the elements of the Game and must be treated as such.
VIII. SERVICE PERFORMANCE. ACCOUNT DELETION
1 The Service Provider shall make every effort to ensure proper functioning of the Game, its development and promotion.
2. The Service Provider attaches a lot of weight to the content of the Game so it conforms to generally accepted standards of conduct, morality, respectability and does not infringe personal rights of anyone, is not discriminatory with regard to sex, race, ethnicity, age, disability, sexual orientation and religion.
3. The Game may comprise contents improper for children below 18 years of age and minor children should use the Game with their parents' or legal guardians' consent.
4. For the sake of Users' good and the highest quality of the Taern services, it is not permitted to use the Web site and the Game to the contrary of their nature, aim and objectives, including:
1) acts that do not comply with applicable law, provisions of these Rules of Use, Annexes and Supplements hereto, and generally accepted behaviour or moral standards;
2) posting in the Game or other editable elements on the Taern Web site (e.g. forum) the contents that violate Polish or international laws, generally acceptable codes of conduct or moral standards, insult the dignity or infringe personal rights of other people, advocate radical social attitude or disseminate such ideas (anti-ethnic, anti-religious, anti-age, racist, sexist, etc.)
3) disseminating pornographic contents;
4) taking actions that may be detrimental to the Users, the Administrator or other third parties;
5) taking any actions without the Administrator's written consent that are deemed an interference with or may have signs of interfering in technical operation of the Taern Web site, to which the User has no access, including circumvention of technical protection of the Web site (decompilation, disassemblance or any other modification);
6) taking actions which destabilise functioning of the Web site or the Game, or using the Web site of the Game by other Users, irrespective of methods and techniques of prohibited actions;
7) carrying on commercial, advertising and promotional activities;
8) spamming, in particular in the form of unsolicited commercial information;
9) violating the rules of Netiquette;
5. The observance of the Rules and Netiquette is watched over by persons designated by the Service Provider, i.e. Game masters (GMs) or the Administrator. They have the right to:
a) warn and admonish a Player;
b) punish a Player (taking back objects, decreasing statistics, suspending temporarily access to the Player's account, removing the character or deleting the Player's account, and in the case of gross violation blocking access to the Game - IP blocking;
c) monitor the Player's actions, and
d) change selected parameters of the Player's account.
6. Should an error be found in the Game, the Player shall neither use the error nor disclose the acquired information on the same to other Players in order to obtain any unfair advantage. The Player shall immediately notify the Service Provider and moderators about the error discovered.
7. The Service Provider reserves the right to take back the points (including Platinum) gained in not allowed way, e.g. by using the error in the Game, in the Platinum tab. The Player shall immediately notify the Service Provider to this effect (error) and in cases of suspected intentional actions of the Player in order to use the error in the Game, his/her Account shall be deleted.
8. It shall be not allowed to open the Game in more than one window of the browser and to play with two or more characters at the same time. In cases of gross violation of this rule, the Player's Account may be banned or deleted.
9. The Service Provider periodically makes back-up copies of the Game database and software.
10. In the case of a critical error in the Game, the Service Provider may recover the Game or its elements with the previously backed-up copy with the effect of recovering the entire Game or its elements.
11. The Player and the User of the Taern portal and the Platinum tab accept that the Game, the Web site and Platinum Tab are constantly developed and some errors or temporary problems may appear. Each such case shall be reported to the Service Provider, who shall immediately take actions to correct the error.
12. The Service Provide reserves the right to periodically stop the service.
IX. DISCLAIMERS, WARRANTIES AND LIABILITY
1. The Service Provider shall assume no liability for:
a) any indirect or direct damage or lost benefits caused by the improper use of the Game, Platinum Tab and the entire taern.com portal;
b) problems in the functioning of the Game, Platinum tab or the Web site (taern.com), including servers and the net infrastructure that are due to reasons beyond the Provider's control: force major, third parties' actions, including Internet providers or service payment provider;
c) using the Game by the Player contrary to the provisions of the Rules of Use;
d) the content of the information posted in the Game by Players. - liability for such information shall be assumed by the author of such content;
e) interruptions in the functioning of the Game, Platinum tab, taern.com Web site due to technical reasons (e.g. maintenance, overhaul, replacement of hardware, software and database, etc.);
f) any loss of the data contained in the Game, Platinum tab or on the taern.com Web site Service caused by hardware, software, database error or other circumstances.
2. The Service Player may change the Game server with the effect of losing some or all the objects or other elements held by the Players in the Game. In such cases, the Players shall be notified a month before the planned change on the taern.com website.
3. If the character or Benefits gained in the Game are lost due to the system maintenance or change of technical conditions of the portal, the Service Provider warrants to credit the Users with the same amount of Platinum and Benefits as those lost.
4. Should the taern.com Web site or the Game be discontinued, the Service Provider shall notify the Players to this effect a month in advance before blocking the Players' access to the Game or the taern.com Internet portal.
5. Should the taern.com Web site or the Game be discontinued, the User shall not be entitled to any compensation for the losses or lost benefits of any nature unless these Rules provide otherwise.
6. The User shall have the right to use the Platinum purchased and Benefits gained in the Game within 1 month from the notification about planned discontinuation of services.
7. In the case of planned discontinuation of services by the Service Provider prior to the use of the Platinum purchased and Benefits gained in the Game, the User shall be entitled only to reimbursement of the unused Platinum at the date access to the Game is discontinued.
8. Should the services of Taern or the Taern Game be discontinued because of reasons beyond the Service Provider's control, the User shall not be entitled to any compensation, including the refund of the unused Platinum.
9. All Intellectual Property Rights to the Taern Web site or Taern Game, including the screenplay, contents, characters, word or device marks, names, pictures, graphics, music, sound effects, information, functionality, and services available on the Web Site and in the Game, shall be owned solely by the Service Provider. Using the Web-based services or Taern Game shall not entitle the User to acquire any Intellectual Property Rights in part or in whole.
10. Copying, reproducing or any other use in part or in whole of the Intellectual Property Rights to the Web site or the Taern Game, referred to above, is and shall be prohibited without the Service Provider's written consent. It shall not apply to automatic temporary storage of files in the memory of a digital device, which results from ordinary use of the Taern portal or the Taern Game for the purposes in line with these Rules, and to the cases of permissible usage under the Copyright and Neighbouring Rights Act (Dz. U. 1994.No. 24, item. 83).
X. FILING CLAIMS, REPORTING INFRINGEMENTS AND SYSTEM FAILURES
1. Any comments, claims, requests and information related to the taern.com Web Site and the Game may be submitted to: email@example.com or by post to the mailing address of the Service Provider's seat.
2. Any claim shall contain:
a) Login of the User, hereinafter referred to as the "Claimant";
b) subject matter of the claim and guarantee period;
c) circumstances justifying the claim.
3 The Service Provider may leave the claim unsettled or reject it, if the User's e-mail:
1) contains no Login of the Player;
2) contains no subject;
3) contains no text body or is meaningless;
4) contains attachments carrying viruses;
5) contains profane and vulgar text, calling for dissemination of hatred, racism, xenophobia and conflicts between nations;
6) refers to the issues explained in these Rules, annexes and supplements hereto, or Help materials available on the Internet Portal - a reply to the claim will contain reference to appropriate document;
7) refers to the issue explained in a previous reply to an earlier claim lodged by the same User;
8) is sent after a lapse of 30 days the reasons of the claim have appeared.
4. The Service Provider shall immediately examine the claim, not later than within 7 working days of the date it is sent. The Service Provider reserves the right to prolong the term to consider the claim and shall immediately notify the Claimant to this effect.
5 Replies to the claim shall be given at the Service Provider's discretion by:
a) e-mail to the e-mail address designated by the Claimant and
6. The Service Provider reserves the right to interfere in the technical structure of the Player's Account to diagnose irregularities in service functioning on the taern.com Web site and in the Game itself, as well as to make changes and in any other manner to affect technical parameters of the Player's Account in order to modify it or recover proper functioning of the Account, the Internet portal or the Game.
5. Should materials infringing laws be placed by the Users, the Service Provider shall be immediately notified by e-mail sent to the e-mail address as shown in art. VIII.1 herein or by post at the mailing address of the Service Provider's seat. The Service Provider reserves the right to suspend access to such materials or even removing them from the portal or the Game. A law infringement report shall give circumstances justifying the infringement.
XI. DATA PROCESSING
1. To participate in The Pride of Taern Game available on the Taern Web site, it is necessary to provide:
(1) the User's e-mail address (Login) and
(2) unique password.
2. The Taern Web Site is run based on the information supplied voluntarily by the Users, which are not deemed personal information in the meaning of the Personal Information Protection Act of 29 August 1997 (Dz. U. 2002, no. 101, item. 926, as amended).
3. The Player's personal information: name, surname, telephone numbers, NIP, PESEL, etc., and mailing addresses are neither collected nor stored in the Game.
4 The Users' data, submitted in the process of registration, may be used by the Service Provider for marketing purposes, including a newsletter and advertising new services. The User has the right to opt-out at any time of receiving such information by activating the appropriate link located in the e-mails.
5 The Service Provider may occasionally request the User to supply basic personal information only and exclusively:
1) to issue a bill or an invoice at the explicit request of the User; this type of information is processed to the extent permitted by applicable law;
2) if the Player wins a contest or the Service Provider organizes a promotion, which necessitates formalities required by law and the shipping of the prize to the submitted address; refusal to provide personal information or providing false information will result in losing the right to the prize.
6. The User has the right to access at any time his/her information, referred to in clause 5 above, the right to request updating and deleting his/her information and the right of objection in cases as provided by regulatory enactments.
7 Third parties that are intermediaries in the process of payment for the services offered by the Taern portal may request the User to provide personal information such as: name, surname, mailing address, tax reference number and bank account number. The Service Provider shall assume no liability for personal information supplied in such cases and for the manner of data processing.
8. The Users' data, that are processed on the Taern Web site, shall not be disclosed to any third parties, excluding authorised entities and where required by applicable law.
9. Web pages of the Taern Web site use a 'cookies' technology. 'Cookies' files are text files that are placed on the hard disc of the persons visiting our web pages in order to save in them the information and data regarding the use of our Web site by the Users. The "Cookies' information and data help us first of all to identify the Users on the Web site and to compile aggregated statistics about the Users and the manner in which they use the Service.
XII CHANGES OF THE RULES OF USE
1. The Administrator announces any changes in the Rules of Use and Annexes or Supplements hereto on the pages of the Taern Web Site.
2 Upon publishing the changes in the Rules of Use and Annexes or Supplements hereto on the Internet, any previous provisions referring thereto become ineffective and replaced by provisions unless these Rules of Use provide otherwise.
3 The information about any change in the Rules of Use, Annexes and Supplements hereto, shall be sent to the User to his/her e-mail address supplied at the time of registration of the Account.
4 The User may not consent to new or changed provisions within 30 day from a respective notification (the term set out for refusal). However, the notification shall be also deemed effective if the User has failed to read the information about changes by not logging in on the Account or for reasons beyond the Administrator's control.
5. In the case of non-acceptance of the changes in the Rules of Use, the Player shall refrain from logging in to the Game and using the taern.com Web site, and shall immediately communicate his/her decision to the Service Provider.
6 Refusal to consent to the introduction of new changes shall be submitted to the Administrator by e-mail or facsimile. In such case the User's Account on the Taern portal shall be immediately deleted by the Administrator.
7 Should the User:
a) fail to submit his/her refusal within the term specified for such refusal, and
b) log in and use the Taern Web site after the Term set out for refusal;
the above shall be deemed acceptance of the changes or new provisions.
8 Promotions, contests and additional services, the terms and conditions of which are stipulated in Annexes and Supplements hereto, shall not entail an amendment to the Rules of Use.
XII. FINAL PROVISIONS
1. The invalidity of one of the provisions of the Rules adjudicated by a competent court shall not invalidate the remaining provisions of the Rules.
2. Provisions of applicable Polish laws shall apply to all the matters not regulated herein.
3. Any disputes arising from operations of the Taern Web Site and services thereon shall be submitted to Polish competent common courts in Wroclaw.
4. The Rules comprise the following annexes, being an integral part hereof: -
5. The Service Provider's waiver of any of his rights at certain time and/or his no objection to non-performance of any of the obligations under these Rules by the other party, shall not be deemed a waiver of exercising one of his rights in the future or acceptance of non-performance of the other party's obligations.