Terms of Use

1     Subject of the terms of use; scope
1.1     The following terms regulate the use of the online server Tabajara Host©.
1.2     These terms of use completely replace older versions of Tabajara Host© terms of use.
1.3     Tabajara Host© offers online server and other services within the framework of its technical and operational capabilities. This does not include periods of time during which the use of online server and other service offerings are interrupted or affected due to compelling technical reasons or because of required maintenance work without Tabajara Host© having to provide compensation in accordance with the provisions of this agreement. In these cases, Tabajara Host© shall not be liable in accordance with the provisions of this contract.
1.4     The online server and additional range of services are continually developed, updated and adjusted further. The user has only the opportunity to take part in the respective online server and additional offers in their respective version provided at a time.
1.5     Online server and other services offered by Tabajara Host© are intended solely for the purpose of entertainment. The use for business or commercial purposes, for profit or promotion of persons or companies, is prohibited.
1.6     The user him/herself is responsible for the timeliness and appropriateness of its software and hardware.
1.7     In addition to these terms of use, existing rules for individual online arenas apply, if any. In case of inconsistency between these terms of use and the rules of the online arenas, the provisions of these terms of use prevail.
1.8     Other provisions or terms and conditions of the user only apply if Tabajara Host© agrees to their validity by prior written consent.

2     Conclusion of Contract
2.1     Forum registration and acceptance of these Terms of Use is a prerequisite for the use of online server and other services offered by Tabajara Host©.
2.2     Forum registration is reserved only for natural persons. Only individuals are accepted as authorized users (no groups, families, life partners, companies etc.). Insofar as the user is a minor, he/she certifies that with sending the registration request an effective consent of the legal representatives is available.
2.3     At forum registration, the user has to provide a player name and a registered e-mail address. The user is not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend common decency. Moreover, no e-mail or Web address may be chosen as the player name. The user shall ensure that the information provided to Tabajara Host© at registration is true and complete.
2.4     The forum registration is carried out personally. Registration through third parties, especially a third party that registers individual people at several teleservice providers (registration services and/or entry services) is not permitted.
2.5     The acceptance of a registration request on the Tabajara Host© forum and the online server are confirmed via e-mail. When the account has been accepted or activated a user contract for an indefinite term between Tabajara Host© and the user is being established. In some cases the registration process may deviate from this procedure, in which case the user will be advised in an appropriate manner.
2.6     With the successful registration, the user opens an account ("user account") which the user manages independently. The user account created on the Tabajara Host© forum may be used by the user for the online server and other services provided by Tabajara Host©.
2.7     Without the explicit consent of Tabajara Host©, the user account is not transferable.
2.8     A right to claim registration or activation does not exist. The user is only allowed to register once. If a user has already registered once, the user may not register again.
2.9     If the user has the intention to create secondary accounts, he/she must request using the appropriate formulary available at Tabajara Host© forum. After evaluation, if approved, the secondary account will be linked with the primary account, sharing the same password. The secondary account must be only used at online arenas.

3     Cancellation Policy
     Right of cancellation
     You can revoke your contract anytime with a reason in text form (e-mail). The revocation term starts after the receipt of the instruction in text form.
     Consequences
     In case of an effective cancellation the benefits received by each party shall be returned and any uses shall be surrendered, except for any contribution made by the user (e.g. source code, algorithms, projects, graphical art) that remains in right of use by Tabajara Host©, without any copyright limitation. The period begins for you with the submission of your cancellation, for us with its receipt.
     End of cancellation policy

4     General obligations of the user
4.1     User data
     The user agrees to provide Tabajara Host© with all future changes of his/her registration data, especially a change in the e-mail address, without delay. The user is obliged, to confirm Tabajara Host© upon request the accuracy of his/her data.
4.2     Log-in data, identification, passwords
4.2.1     The user is obliged to keep log-in data and all identification and passwords strictly confidential. The user may enter log-in data only on Tabajara Host© operated Internet pages and Tabajara Host Launcher©.
4.2.2     The term “log-in data” and “identification and passwords” includes all letter and/or character and/or number sequences, used to authenticate the user and to exclude use by an unauthorized third party. The password should not be identical with the player name and it should consist of a combination of numbers and letters.
4.2.3     The user is obliged to protect all log-in data, identifications and passwords from unauthorized access of third parties.
4.2.4     In the event that the user has reason to believe that third parties have obtained this information, or could have, he/she shall inform Tabajara Host© immediately and change his/her data or have it changed by Tabajara Host©. In this case or in the event that Tabajara Host© has evidence of misuse of data, Tabajara Host© has the right to block the access of the user temporarily. The user shall be permitted again the use as soon as the suspicion of misuse of data has been removed.
4.2.5     The user is under no circumstances entitled to use the log-in data of another user, unless Tabajara Host© provide specific exceptions.
4.3     Use of Tabajara Host© Internet pages and content of Internet pages
4.3.1     Tabajara Host© websites may include contents of all kind that are protected by trademarks, copyrights or by other means in favor of Tabajara Host© or for the benefit of third parties. Unless explicitly permitted within these terms of use, the user is not entitled to edit, to copy, to distribute, to reproduce publicly, to use for advertisement or to use these beyond the contractually agreed purpose Tabajara Host© Internet pages or the content or any portion thereof. Permitted is only the technical reproduction for the purpose of browsing as well as the permanent reproduction solely for private use. Copyright information and brand names may not be changed and not be suppressed or eliminated.
4.3.2     The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information, provided by Tabajara Host© on its Internet pages. The term "content" includes also all available service offerings for downloading.
4.3.3     The user is obliged to abstain from any measure which may compromise or interrupt the proper functioning of Tabajara Host© Internet sites or individual services, as well as from accessing data to which the user is not entitled to. The retrieval of the contents may only take place in a manner such that the use of Tabajara Host© Internet sites and contents through other users is not affected. The transfer of data or software that can influence hardware or software from recipients is not permitted.
4.3.4     Any use of Tabajara Host© Internet sites for commercial purposes, especially advertisement, requires the express prior written consent of Tabajara Host©.
4.3.5     The user is not entitled to publish content on the Tabajara Host© Internet pages.
4.3.6     The use of Tabajara Host© Internet sites through an anonymization service that is hiding the true IP address of the user is not permitted.
4.4     Links
     It is permitted to establish a link to the websites of Tabajara Host© to the extent that it only serves as a cross reference. Tabajara Host© reserves the right to revoke this permission. However, it is not allowed to include or present Tabajara Host© Internet sites or their content via a hyperlink in a partial window (frame).
4.5     Use of client software
     In cases which requires the prior installation of a client software (e.g. Tabajara Host Launcher©), Tabajara Host© grants the user the non-exclusive right to download and use the client software during the validity of the registration. A duplication of the client software is only permitted to such extent as is required for a use as permitted by this contract. Any form of commercial use of the software is strictly prohibited.
     Any change of the client software as well as retranslation of the entrusted program codes into another code form (decompilation) as well as other ways of reversing manufacture levels of the software (reverse-engineering) are prohibited, unless permitted by law. Where this permits, the name Tabajara Host© should be removed.

5     Specific terms for the use of online game
5.1.     The user is only allowed to have one account. The use of several user accounts is not permitted, except as provided in section 2.9. Such multi-user accounts can be deleted or banned by Tabajara Host© at any time and in its sole discretion.
5.2.     The user is prohibited from any form of manipulative interference in the online game. In particular, the user is not entitled to use measures, mechanisms or software that could interfere with the function or the course of the game. The user may not take measures that may cause an unreasonable or excessive burden on the technical capacity. The user is not allowed to block, to rewrite or to modify contents generated by the game administration or to interfere in any other manner with the game.
5.3.     The user is also prohibited from connect to the online server with other programs besides the client program that has been provided (Tabajara Host Launcher©). This refers in particular to so-called bots and other tools meant to replace or supplement the client interface. Also prohibited are scripts and completely or partially automated programs that provide the user with an advantage over other users.
5.4.     The user may under no circumstances
     a) create or use cheats, mods and/or hacks, and any other third party software products that may change the result of the online games,
     This includes all evasions, similar actions or actions that match in their effect the aforementioned bans.

6     Specific conditions for the use of communication facilities (particularly discussion forums, chat, wiki) on the Tabajara Host© websites and server
6.1     Tabajara Host© may provide the user different communication facilities (especially discussion forums, chats, wiki) for own content and entries on the Tabajara Host© internet pages and server, which may be used as available. Tabajara Host© only provides users with the technical environment for the exchange of information. However, users can freely create private discussion forums, chats and audio communicators accounts (GTalk, TeamSpeak, Ventrilo, etc.). The use of Tabajara Host©'s name in these private facilities must be explicitly permitted by Tabajara Host© itself.
6.2     The user assumes responsibility for his/her contents and contributions and commits to release Tabajara Host© entirely of any third-party claims or lawsuits. Tabajara Host© explicitly does not claim the content entered by users. However, the user provides Tabajara Host© with the permanent, irrevocable, non-exclusive right to use the content and contributions posted by him/her. Tabajara Host© points out that Tabajara Host© has no active monitoring system of the content posted. However, random audits are performed instead. In addition, each user has the option to inform Tabajara Host© of suspected illegal content. Tabajara Host© will then respond as quickly as possible and edit or delete reported contents, as necessary.
6.3     The user is prohibited from publishing or distributing content on Tabajara Host© Internet pages and particularly in the context of the communications facilities, that
     (a) violates the law, is improper or is immoral;
     (b) violates trade marks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties;
     (c) is obscene, racist, violent, pornographic, adult content or otherwise the development of children and adolescents threatening or harmful nature;
     (d) is of abusive, harassing or defamatory nature;
     (e) includes chain letters or pyramid schemes;
     (f) falsely suggests that it is provided or supported by Tabajara Host©;
     (g) contain personal data of third parties without their express consent;
     (h) is commercial, in particular promotional in nature.
6.4     The inclusion of Internet sites, company or product names is only permitted when it is not primarily for the purpose of advertising.
6.5     All users of the communication facilities provided on the Tabajara Host© Internet pages are required to choose an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided.
6.6     Notwithstanding any other rights under these terms of use, Tabajara Host© has the right to amend and fully or partially delete content and contributions, which violate these rules. Tabajara Host© also has the right to exclude users who violate these rules, in whole or temporarily from further use of online games, Tabajara Host© Internet pages and other service offerings.

7     Consequences of a breach of duty
7.1     Tabajara Host© is not liable for damages resulting from a breach of duty by the user.
7.2     Independently of additional legal or contractual rights Tabajara Host© may take the following actions against any user who are in breach with statutory law, third party rights, these terms of use or the respective additional regulations and game rules:
     (a) change or delete content,
     (b) give a warning to the user,
     (c) publication of misconduct in the respective online game with mentioning of the user name,
     (d) temporary or permanent blocking of a user from individual or all online games and content of Tabajara Host© Internet pages,
     (e) exclusion of a user,
     (f) issuing a temporary or permanent virtual ban from the house in the cases of violation of section 6, or
     (g) immediate termination of the contract.
7.3     If a user has been blocked or excluded, he may not login again without prior consent of Tabajara Host©. There is no right for a waiver of an exclusion, a virtual ban from the house or any other measure.

8     Usage fees
8.1     The use of online server and other services offered by Tabajara Host© is free of charge.

9     Exclusion of Warranties
9.1     You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."
9.2     In particular, Tabajara Host© do not represent or warrant to you that:
     (a) Your use of the services will meet your requirements,
     (b) Your use of the services will be uninterrupted, timely, secure or free from error,
     (c) Any information obtained by you as a result of your use of the services will be accurate or reliable, and
     (d) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.
9.3     Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
9.4     No advice or information, whether oral or written, obtained by you from Tabajara Host© or through or from the services shall create any warranty not expressly stated in the terms.
9.5     Tabajara Host© further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

10     Limitation of Liability
10.1     Nothing in these terms, including sections 9 and 10, shall exclude or limit Tabajara Host©’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
10.2     The user is directly liable to third parties for violation of their rights. The user agrees to reimburse Tabajara Host© for all damages resulting from the non-observance of the obligations of these terms of use. The user releases Tabajara Host© from all claims, which other users or other third parties file against Tabajara Host© for violation of their rights by content posted by the user or due to violation of other obligations. The user takes over the cost of legal defense of Tabajara Host© including all court and lawyer costs. This does not apply if the user is not responsible for the infringement.
10.3     Subject to overall provision in paragraph 10.1 above, you expressly understand and agree that Tabajara Host© shall not be liable to you for:
     (a) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
     (b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
          (i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
          (ii) Any changes which Tabajara Host© may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
          (iii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
          (iv) Your failure to provide Tabajara Host© with accurate account information;
          (v) Your failure to keep your password or account details secure and confidential;
10.4     The limitations on Tabajara Host©’s liability to you in paragraph 10.1 above shall apply whether or not Tabajara Host© has been advised of or should have been aware of the possibility of any such losses arising.

11     Contract duration; deletion of user accounts
11.1     Unless stated otherwise for the respective online game or other service, the contract for the use of the Tabajara Host© server and other service offerings is for an indefinite period. It begins with the registration or activation by Tabajara Host©.
11.2     The contract may be terminated by either party at any time with immediate effect, provided that there is no agreed upon temporary contract period. If it is not cancelled, the current temporary contract is extended automatically by the originally agreed contract duration.
11.3     Either party has the right to terminate the contract for cause without giving notice. An important reason constitutes in particular, if
     (a) a behavior exists that affects the game experience of other players not insignificantly,
     (b) cheats, mods and/or "hacks" as well as any other form of software, tools or scripts are used that alter the gaming experience or the game mechanism of online games,
     (c) third parties play on the user account of the user, unless the rules of the game provide specific exceptions,
     (d) the user plays on the user account of a third party or uses more than one user account per online game, or
     (e) the user culpably violates laws, these terms of use, complementing existing conditions and/or rules of the game.
11.4     Any termination must be in writing. Terminations via e-mail are considered in writing,
11.5     In the presence of legitimate reasons (e.g. extended period of inactivity), Tabajara Host© is entitled to cancel the user account. Moreover, Tabajara Host© at its discretion is entitled to delete to user accounts at the end of the contract.

12     Privacy
12.1     When accepting this document, the user allows Tabajara Host© to collect, process, store and/or use any client-side information that may only be necessary to sustain the section 5.
12.2     These information will not be disclosed to any third party without user's consent, and Tabajara Host© shall not be held responsible for any hacking attempt that may lead to the data being compromised.

13     Amendments to these terms of use, other, communications, escape clause
13.1     Tabajara Host© reserves the right to change these terms and conditions. Users will be informed of the change when they log in using the Tabajara Host Launcher©. Alternatively Tabajara Host© can send its users the change in terms and conditions via e-mail or inform them that the change in conditions can be accessed through the Tabajara Host© internet pages. The user declares its consent of the changed terms of use by logging in on the Tabajara Host© portal again or the respective online game, after this change has become effective. The user have revocation rights and the consequence of his/her silence on such change is presumed as acceptance.
13.2     The user may transfer rights and obligations under this contract only after prior written consent of Tabajara Host©.
13.3     Tabajara Host© communicates with the user – unless indicated otherwise by theses terms of use - usually by e-mail. The user makes sure that the e-mail specified at registration is checked regularly for messages from Tabajara Host©. When contacting Tabajara Host©, the user has to indicate which service and which user account he/she is referring to.
13.4     Any amendment and/or repeal of these terms of use must be in writing. This also applies for a change and/or waiver of written form.
13.5     Any discrepancies, omissions or questions on this contract will be eliminated by decision of the responsible by Tabajara Host© in agreement and with prior knowledge of the interested party.
July 10, 2010

Tabajara Host©