Terms and Conditions (TACs)

Stand: October 2009

der

inqnet GmbH
Praterstrasse 31
1020 Vienna / Austria
Fax: 0043 1212 76 50 610
Fon: 0043 1 234 676 38 0
E-mail: support@Escaria.de

Managing Director: Valentin Fritzmann

Company Registration Number: FN288255f
VAT ID Number: ATU63153456

§ 1 Contractual Terms & Conditions

inqnet offers the browsergame "Escaria" on the condition that it can be used free of charge and is to be used for entertainment purposes only. Each player (hereinafter referred to as the User) must register once, for free, at the start, and choose their User name. The User account can then be activated with this data. On activation, the User is given, without charge, revocable right to use the features of Escaria. Escaria is from time to time, updated, extended and altered. The User is accordingly only granted the right to use the game in its current version. The User has no contractual right to make a claim based on maintenance of the game in its current version. inqnet reserves the right to modify Escaria at any time without giving notice in advance.

By filling out the registration form, the User makes a binding offer to enter into a contract and create an account. All the data fields in the form must be completed and filled in correctly. Each contract refers to the use of Escaria by a particular account holder. The agreement between the User and inqnet comes into force on acceptance of the application to create an account created by inqnet. This acceptance is made on sending a confirmation messages via Email or later, by activation of the User account. The User has no legal entitlement to activation of his account.

By this declaration, a free service contract for the use of Escaria, based on these terms between the User and:

inqnet GmbH
Praterstrasse 31
1020 Vienna / Austria
Fax: 0043 1212 76 50 610
Fon: 0043 1 234 676 38 0
E-mail: support@Escaria.de

Managing Director: Valentin Fritzmann

Company Registration Number: FN288255f
VAT ID Number: ATU63153456


and is valid for an indefinite period.

All accounts, including all related resources, graphics, etc. are virtual items in the game. The User does not acquire ownership or other rights to the account or parts of the account. All rights remain the property of inqnet. No transfer of exploitation or other rights to the Users is permitted.

Users are not allowed to enter into contractual arrangements with third parties, or to transfer contractual use and/or share accounts or account information. In particular, it is expressly prohibited, to sell accounts or account components or otherwise exploit them. This includes the sale and exploitation of text in User data, User rights, any payments made, and any ways of evading the rules. On discovery of unauthorized sale, modifications, recovery, copy, distribution, reproduction or other infringements of the operators rights, inqnet reserve the right to block and/or delete any accounts involved.

§ 2 Contractual partners

inqnet offers the use of the Escaria platform exclusively to consumers as defined by the German Civil Code § 13.Use of the Escaria platform for financial gain or other commercial purposes is prohibited.

Eligible Users are defined as individuals who, at the time of use, have either completed a declaration that they have reached 18 years of age, or whose legal representative has approved their use. By registering to use Escaria as a minor, we will assume the existence of the consent of your legal representative.

§ 3 Right of withdrawal

As Escaria is provided free of charge and service begins by launching the application and creation of an user account, the right of withdrawal is not applicable. There is no right of withdrawal concerning "Pearls" purchases. "Pearls" purchases will be immediately credited after the payment has been received.

§ 4 Termination Notice

Users have the right to terminate their account at any time without giving a reason. The advance statement can be made in writing, by fax or by e-mail. Upon receipt of this notification, the User account will be permanently deleted, along with all of the properties of the game characters previously created, in particular its experience, honour points, and also status level, will also be deleted permanently. The User has no right to insist on recovery of deleted data.

inqnet reserves the right, at any time, to block, modify or delete User account data irreversibly, including existing game characters and their associated properties, Specific reasons for blocking/deleting/modifying accounts are shown in the list below, which is non-exhaustive:-

• - Multiple-Accounts, each User is allowed only one account;
• - False information, also using the wrong User-data;
• - Automated Logins: these are only permitted via the Home Page: www.Escaria.com or through the Facebook website facebook.com ; other automated logins to accounts are not permitted, regardless of whether the Home Page is displayed or not.
• -Technical tampering; Users are not allowed to manipulate stages, mechanisms or software used in conjunction with ‘Escaria’, which can affect the functioning and / or the flow of the game. They are also not permitted to use measures that place unreasonable or excessive stress on the technical capacity, or to change a result of Escaria, nor are they allowed to block content generated by other inqnet Users, or to overwrite or modify it, or otherwise intervene in content generated by inqnet;
• - No use of non-approved, foreign programs, for example, those referred to as ‘Bots’, macros or other software, that either replaces or supplement the interface; also prohibited are wholly or partially automated programs, through which one User can gain an advantage over other Users, including those with Auto-Refresh functionality or mechanisms integrated into your Internet browser that can handle automated processes; also prohibited is the blocking of advertising, in this case, it is irrelevant how the adverts are suppressed e.g. via the use of a Pop-Up-Blocker, text based Browsers or other ways of preventing their display; exceptions are explicitly approved programs;
• - Risky game behaviour, or other conduct, that threatens the game experience of other Users;
• -Manipulation of communications, as well as the interception, emulation and / or redirection of inqnet or Escaria communication protocols, regardless of the method used to achieve it;
• -Cheating, that is the creation and / or use of Cheats, Mods, Hacks or similar unauthorised software that can be used to manipulate and intervene in play, or the use of any third-party software, via which you can change the game of Escaria;
• -Data capture, and the use of software to intercept or collect information held by Escaria, regardless of the method used;
• -Trading in virtual items, as well as their sale, whether gainful or not, and the gainful acquisition of equipment, currency, entire characters or other virtual objects used to play Escaria, outside of the Escaria platform;
• -Use of the account by any third party, Users are committed to ensuring their account information is safe from access by third parties, and to ensure that except for themselves, no unauthorized persons have access to their account information, or their account access data or data used to access the Escaria platform ;
• -Disruptive applications, in particular those that can execute attacks on the Escaria platform, nor must they support or participate in an attack or disruption of the game of Escaria, regardless of the method used;
• -Illegal activities, and / or action by a User that are criminal offences, in particular the glorification of violence, racism or anything of a pornographic nature, or violations of any other way applicable laws;
• -Viruses, or the use or release of any malicious software like viruses, worms or Trojans;
• - Removal of data, theft and / or use of account data by third parties;

§ 5 Storage of account data

inqnet stores account information entered by the User. Pursuant to § 4 of these Terms & Conditions, on terminating an account, in addition to the User’s characters and data, all User account information will be irretrievably deleted from inqnet databases.

§ 6 Pearls

As part of the game, the User is able to purchase virtual currency units (so-called Pearls) to make purchases. These "Pearls" can be used to acquire equipment, resources etc for each of the User’s game characters; they also serve as a virtual currency. The price levels for acquiring Pearls are shown in the corresponding menu, and are inclusive of VAT. Here they can also choose the desired payment method. Once the User has selected an amount, and this has been credited to the account of inqnet, the appropriate number will be transmitted to the corresponding game character. If these do not arrive due to technical or other problems, the corresponding amount of money paid will be refunded to the User.

§ 7 Service Guarantees

inqnet takes every measure possible to ensure their services are always available and are free from errors, but cannot guarantee this. There may be occasional instances of server failures, faults caused by other servers, errors in programming, the timing of server maintenance or other problems that are outside the sphere of influence of inqnet (Acts of God, civil unrest, third party faults, etc.). If a User is exposed to disadvantage by these, they are not entitled to restoration of the status of their account before the adverse event.

inqnet does not accept liability for damage, errors, data losses, delays or interruptions in the flow of services or technical equipment, inaccurate content, losses or data deletions, viruses or any other problems arising from use of the game of Escaria, unless such damage is caused intentionally or through the gross negligence of inqnet employees or agents. Liability in law remains unaffected.

inqnet can restrict access to the Escaria platform and network operation for the purposes of maintenance and to maintain network security, in particular if this is required for the prevention of serious disruption of the network, the software or stored data.

The User must report any errors in Escaria to inqnet immediately.

§ 8 Approval /Changes of Terms & Conditions

With the dispatch of the User data, but in any case with the use of Escaria, the User acknowledges these terms and conditions.

inqnet reserves the right to change these terms & conditions at any time in the future, and to supplement them if deemed necessary and in good faith, without causing intentional disadvantage to Users. Changes the terms of service will be announced in an appropriate way by sending notice in writing. Typically the notices will be served through the "Escaria" platform and / or email. If the User disagrees materially with these changes, they must complain within 14 days after notification. If the User fails, within a period of 14 days of notification, to send their objections in writing to inqnet, or continues to use "Escaria", the amended or supplemental terms will take effect for them." The User and both parties are entitled to terminate the contract at any time. The original terms of service will continue to apply until the termination.

inqnet will usually communicate with the User by E-mail. This ensures that messages sent by inqnet are received by the recipient address specified during the registration, or an E-mail address supplied to inqnet at some point after registration. The User should check their spam filter settings and check this address for mail on a regular basis. inqnet reserve the right to choose an alternative method of correspondence with Users.

§ 9 Data Protection

In principle, the Escaria platform is available free of charge and can be used anonymously. The Escaria game however, requires a free registration, during which every User is required to specify User data (name). inqnet uses the data provided by Users for administrative purposes and to cover contractual obligations. After termination or deletion of a User account, the associated User data is locked from further use, and deleted at the end of the relevant tax and accounting periods.

The inqnet server automatically records the IP address of every visitor to the website. These IP addresses are saved, along with information about the pages visited by visitors to the www.Escaria.com website use, along with possibly a summary of information about other sites to which visitors were connected. In addition, the usage time and duration are saved. This is not for use in Cookies. The information thus acquired is only used by inqnet for statistical purposes and for maintaining use of the Escaria game.

inqnet reserves the right to store this User data to monitor compliance with the rules, Terms & Conditions and applicable law. IP addresses are stored in combination with the time and duration of use, account information provided during registration (name, password), and other data entered by Users in their profiles on a voluntarily basis.

Users have the right to free access to data that is stored about them, and, if necessary, a right to have it corrected, blocked or modified. Users who have any questions about the collection, processing or use of their personal data, or about rectification, blocking or modification of data, should contact the following:

inqnet GmbH
Praterstrasse 31
1020 Vienna / Austria
Fax: 0043 1212 76 50 610
Fon: 0043 1 234 676 38 0
E-mail: support@Escaria.de

The User can always object to storage of their personal data. Because, or technical reasons, it is impossible to play Escaria without storing data, Users can always apply to have the relevant User Account deleted.

§ 10 Final clauses

German law applies.

As far as legally permissible, inqnet domicile country jurisdiction applies.