Maverick
[ Posts : 1331 ]
 | [Post Date: 22-Nov-2008 14:27]
Here is an example of T&C. It was taken from a german company that has lots of webgames. K, please read it and see if it's OK.
§1 Services
(I) Conditions of participation
To participate at any game of DQ Team, each user has to accept the Terms
and Conditions. Terms and Conditions refer mainly, but not exclusively to
all services of the online presence of DQ Team.
(II) Liability
DQ Team is always attempting to ensure that all services are available.
However, to circumstances beyond our control, some services may not be
available on-demand. Due to this, no user has any claim regarding the
availability of services. The carrier is not liable in any way for server
breakdown, faulty programming etc.
The occurrence of any disadvantages for a user resulting from server
breakdowns, faulty programming etc. does not entitle the user to claim the
recovery of his/her account's status before the occurrence.
See §8 of these Terms and Conditions concerning liability terms.
§2 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. DQ Team 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. The
retaining of personal data is regulated by §6.
(III) Termination by carrier
No user has any claim to take part at a service from DQ Team.
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 DQ Team 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.
§3 Contents / Responsibility
DQ Team 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 DQ Team services.
§4 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 DQ Team.
(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.
§5 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.
§6 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 all 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.
In addition to that, user data can be given away to third parties for promotional issues.
(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.
§7 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.
(III)Exceptions
It is not prohibited to transfer accounts finally and free of charge, as
well as the internal "trading" of resources, if and as far as allowed by the
game rules.
§8 Liability
The carrier is not liable for any damages caused by the use of games of
DQ Team, except for damages that were caused willfully or by gross
negligence as well as all damages from death or personal injury. DQ Team
therefore reminds users that excessive participation in computer games
involves the risk of serious personal injury.
§9 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.
This message was edited by Maverick
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Maverick
[ Posts : 1331 ]
| [Post Date: 22-Nov-2008 14:29]
§10 Applicable law
Moldovan law is exclusively applicable for all legal matters with regards to
DQ Team. If several areas of jurisdiction are applicable, the area of
jurisdiction is that which governs DQ Team. In international legal matters
the courts at the jurisdiction of DQ Team are solely responsible.
The users is permitted to contest these Terms and Conditions until 14 days after their publication. Taking part in the game
without accepting the Terms and Conditions is not possible out of technical reasons, as because of that contesting the terms and conditions whilst playing following acceptance of them is the same as a termination and leads to an exclusion from the game. Contesting the Terms and Conditions could also be declared with a deletion of the account.
LATER, when payment methd will be implemented we'll add 'Payment T&C'.
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Emperor L
[ Posts : 1237 ]
 | [Post Date: 22-Nov-2008 14:54]
It seems to make sence, but I don't know anything about legal documents etc.
If it was taken from another game, then it is probably copyrighted, so do you have permission from them?
Also, it don't seem very much like normal terms and conditions, they are normaly more in legal language, and explain what every term means and things, but I don't know.
Maybe it would be best to get a lawyer to look at it, or write something, because thats probably the only way to get something that is right.
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Emperor L
[ Posts : 1237 ]
| [Post Date: 22-Nov-2008 15:48]
Try searching google for 'terms and conditions'. It has a few sponsored links where you can pay to get some writen for your site, may be worth looking at something like that.
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