Last Updated March 17, 2008
YOU SHOULD CAREFULLY READ THE FOLLOWING GBANGA® TERMS OF USE AGREEMENT ("TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE ANY PART OF GBANGA®.
Millform AG ("MILLFORM AG" or "MILLFORM") is the legal provider of Gbanga ("GBANGA" or the "Game"). GBANGA includes two components: (a) the software program along with any accompanying materials (collectively, the "Program"), and (b) MILLFORM's proprietary GBANGA online service (the "Service"). Any use of GBANGA is governed by the terms and conditions contained in this Agreement, including any future revisions. Any use of GBANGA not in accordance with the Terms of Use is expressly prohibited.
YOU AGREE TO THESE TERMS OF USE ON BEHALF OF YOURSELF AND FOR PARTICIPATING INDIVIDUALS FOR WHOM YOU ARE A PARENT OR GUARDIAN AND WHOM YOU HAVE AUTHORIZED TO USE THE ACCOUNT YOU CREATE ON THE SERVICE. THIS AGREEMENT BECOMES EFFECTIVE AS YOU DOWNLOAD THE PROGRAM OR CREATE AN ACCOUNT.
IN USING GBANGA YOU HAVE ACCESS TO CONTENT PROVIDED BY MILLFORM, ITS PARTNERS OR INDEPENDENT CONTENT PROVIDERS, INCLUDING CONTRIBUTIONS FROM OTHER USERS OF GBANGA. THIS CONTENT MAY BE PROVIDED UNDER LICENSE AND HENCE IS PROPRIETARY. YOU ACCEPT FULL RESPONSIBILITY AND LIABILITY FOR YOUR USE OF ANY CONTENT PROVIDED THROUGH GBANGA. YOU AGREE THAT YOUR CREATION OF CONTENT IS NOT IN ANY WAY BASED UPON ANY EXPECTATION OF COMPENSATION FROM MILLFORM.
All rights and title in and to the Program and the Service (including without limitation any user accounts, titles, platforms, code, themes, objects, characters, stories, text, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Program, transcripts of the chat rooms, character profile information, recordings of games played on the Program, application program interfaces provided by MILLFORM, associated websites and the Program client and server software) are owned by either MILLFORM, its clients and associate partners or other content providers. The Program and the Service are protected by Swiss and international laws. GBANGA may contain certain licensed materials, and MILLFORM's partners or other content providers may enforce their rights in the event of any violation of this Agreement.
You acknowledge that MILLFORM is a service provider that may allow individuals or entities (such as Users, advertisers etc.) to use, create and alter content on GBANGA. MILLFORM generally does neither regulate the content of communications between users nor user's interactions on GBANGA. According to this, MILLFORM's control over various aspects of GBANGA (as morality, legality, safety and accuracy of the content) is very limited. MILLFORM or its partners cannot be held responsible for content provided by others.
The GBANGA Services may include links to other web sites or services. GBANGA does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, GBANGA makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the GBANGA Services are solely between you and such advertiser. You agree that GBANGA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the GBANGA Services.
To use GBANGA you must have a mobile device that is compatible with the GBANGA Program. MILLFORM does not warrant that the GBANGA Program will be compatible with your mobile device.
GBANGA hereby grants you a non-exclusive, non-transferable, revocable license to use a byte code copy of the GBANGA Program as follows: You may use the GBANGA Program for one GBANGA Account (see also “Account Managementâ€) on one mobile device owned or leased solely by you, for your personal use.
You have to establish an account (the "Account") in order to use GBANGA (except for those domains of the websites to which MILLFORM allows access without registration). You can only establish one Account. To enregister, you will be required to provide MILLFORM with certain personal information. Your failure to supply accurate information to MILLFORM when requested, or to update that information as it changes, shall constitute a material breach of this Agreement.
During the registration process, you will be required (among other details) to select a username and a password that are unique to the Account (collectively "Login Information"). You may not share, sell or trade the Account or the Login Information with anyone other than as expressly set forth herein.
You acknowledge that you have no ownership or other property interest in the Account, and you further acknowledge that all rights in and to the Account are owned by MILLFORM.
MILLFORM MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME WITH ANY OR NO REASON, WITH OR WITHOUT NOTICE. Most account suspensions, terminations and/or deletions are the result of violations of these Terms of Use.
You are responsible for maintaining the confidentiality of your Login Information, and YOU WILL BE RESPONSIBLE FOR ALL USES OF YOUR LOGIN INFORMATION, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, you must immediately notify MILLFORM by e-mail: account@gbanga.com.
Only MILLFORM or its licensees have the right to host GBANGA. You must not host or provide services for the Game, or intercept, emulate or redirect the communication protocols used by MILLFORM in connection with the Program, unless MILLFORM - expressly and in written form - allows you to do so. This includes, but is not limited to such prohibited methods as protocol emulation, reverse engineering, modifying the Program, adding unauthorized components to the Program, or using a packet sniffer while the Program is running.
You agree that you will not modify or cause to be modified any files that are a part of the Program or the Service unless MILLFORM allows you to do so (e.g. by providing an SDK or an API); (ii) create or use cheats, bots, mods, and/or hacks, or any other third-party software designed to modify the intended GBANGA® experience; or (iii) use any third-party software that intercepts, mines, or otherwise collects information from or through the Program or the Service. Notwithstanding, you may update the Program with authorized patches and updates distributed by MILLFORM only. MILLFORM may, at its sole and absolute discretion, allow the use of certain third party softwares.
You may not disrupt or assist in the disruption of (i) any computer used to support the Service ("Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of GBANGA.
MILLFORM reserves the exclusive right to create derivative works based on the Program or the Service. You may not create derivative works based on the Program or the Service without MILLFORM's prior written consent.
YOUR USE OF GBANGA IS GOVERNED BY RULES OF CONDUCT. THESE RULES OF CONDUCT ("RULES OF CONDUCT"), MAINTAINED AND ENFORCED BY MILLFORM, MUST BE ADHERED TO BY ALL USERS OF GBANGA. IT IS YOUR RESPONSIBILITY TO KNOW, UNDERSTAND AND ABIDE BY THESE RULES OF CONDUCT. THE FOLLOWING RULES ARE NOT MEANT TO BE EXHAUSTIVE. MILLFORM RESERVES THE RIGHT TO TAKE DISCIPLINARY MEASURES INCLUDING TERMINATION AND DELETION OF THE ACCOUNT BY RENEGING ON THESE RULES OF CONDUCT. MILLFORM RESERVES THE RIGHT TO MODIFY THESE RULES OF CONDUCT AT ANY TIME. IN GENERAL, USE YOUR COMMON SENSE WHILE PLAYING.
Each user will either select a character name or allow the Program to automatically select a character name at random. Additionally, users may form "guilds" and such guilds will be required to choose a name for the guild. When you choose a character name, create a guild, or otherwise create a label that can be seen by other players using the Program, you must abide by the following guidelines as well as the rules of common decency. If MILLFORM finds such a label to be offensive or improper, it may change the name, remove the label and/or suspend or terminate your use of GBANGA.
In particular, you may not use any name:
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above. Players are held fully responsible for their name's choice.
Communicating with other Users and MILLFORM representatives is an integral part of GBANGA and is referred to in this document as "Chat." You understand that MILLFORM may record your chat sessions and you consent to such monitoring or logging. Your Chat sessions may be subject to monitoring, logging, review, modification, disclosure, and/or deletion by MILLFORM without notice to you. Additionally, you hereby acknowledge that MILLFORM is under no obligation to monitor Chat, and you engage in GBANGA at your own risk. When engaging in Chat, or otherwise using GBANGA, you may not:
Game play is what GBANGA is all about, and MILLFORM strictly enforces the rules that govern game play. MILLFORM considers most conduct to be part of the Game. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not limited to, the following:
MILLFORM reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Program, hours of availability, content, data, software or equipment needed to access the Program, effective with or without prior notice; provided, however, that material changes (as determined in MILLFORM's sole and absolute discretion) will be disclosed as follows: MILLFORM will provide you with notification of any such changes to the Program through a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Program and the Account. Your continued use of the Program following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. MILLFORM may change, modify, suspend, or discontinue any aspect of the Program at any time. MILLFORM may also impose limits on certain features or restrict your access to parts or the entire Program without notice or liability.
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and deleting/uninstalling the Program. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game access to GBANGA®. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. MILLFORM may terminate this Agreement with or without notice by terminating your Account.
THE PROGRAM IS PROVIDED "AS IS" AND MILLFORM DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MILLFORM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
NEITHER MILLFORM NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE PROGRAM OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER/MOBILE PHONE FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, USER PROFILE INFORMATION STORED BY GBANGA®; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL MILLFORM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
MILLFORM shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of MILLFORM, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond MILLFORM's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
In the event that you breach this Agreement, you hereby agree that MILLFORM would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that MILLFORM shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as MILLFORM may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.