TERMS OF SERVICE FOR USERS OF THE SERVICE VIRWOX OPERATED BY VIRTUAL WORLD SERVICES GMBH

Transcription

1 TERMS OF SERVICE FOR USERS OF THE SERVICE VIRWOX OPERATED BY VIRTUAL WORLD SERVICES GMBH Virtual World Services GmbH is an Austrian company providing services for virtual worlds. This document is a legal agreement between you and Virtual World Services GmbH regarding the use of its service VirWoX. The following terms are used throughout this agreement: 1. DEFINITIONS Registration Information includes your name, address, and all additional information you supply. Registration Process is the procedure of supplying registration information on the registration form on the website located at Virtual World Services GmbH, we, our, etc. refers to the company Virtual World Services GmbH, located at Asperner Heldenplatz 6, 1120 Vienna, Austria, and registered in Austria as FN p LG für ZRS Graz. Service is the electronic exchange VirWoX, which lets you buy and sell virtual currencies using a previously set up account (the VirWoX account ). Such virtual currencies are pre paid licenses required for transactions in a virtual world, and not real currencies. The service is therefore not a financial service. Inactive means, that your VirWoX account has not been used for a period of 12 months. Internet is the global information network consisting of networks connected by IP (Internet Protocol). Wire Transfer is any payment method, where money is directly transferred between bank accounts. Agreement means this document and the documents referenced herein, including electronic documents on our website This agreement can always be accessed and printed from this website. Virtual World Services GmbH reserves the right to change this agreement at any time. 2. START OF AGREEMENT The effective date of this agreement is the day we accept your registration to the service, i.e. after you have completed the online registration process. As sign of our acceptance of the agreement you will receive an . We reserve the right to change our Terms of Service (ToS) at any time. It is your obligation to check for changes of ToS at least once a month. By continueing to use the service you accept the ToS in their current state. 3. THE SERVICE 3.1 We agree to offer the service according to the terms of this agreement. 3.2 After completion of the registration process, a VirWoX account will be opened for you. The service is only to be used by persons over 18 years of age. 3.3 VirWoX accounts feature different levels of verification and status, and different transaction limits. We reserve the right to decide on individual transactions based on additional conditions. 3.4 You acknowledge that transactions/exchanges (purchase and sale) usually are not transactions/exchanges between a user and VirWox but among users of the service. We only provide the platform to perform these transactions/exchanges hence is not party of these transactions/exchanges. It is the sole responsibility of the users involved in such transaction/exchanges to obey all rules and regulations, including tax regulations. 3.5 You agree to pay the fees listed in our list of fees on the website. The list of fees can be changed any time. You agree to have the fees charged against your VirWoX account. Depending on your home legislation, using the service can incur additional taxes or fees not payable to us. You agree to be responsible for payment of such taxes and fees.

2 3.6 Offer of the service depends on your completion of the registration process, and by completing the registration process you accept our offer of the service. Registration is free of charge. You agree to provide complete and correct registration information. You accept that we rely on this information to offer the service. 3.7 Should we determine your VirWoX account to be inactive, we have the right to charge an inactivity fee as described in the list of fees on our website. 3.8 You are responsible for setting of your computer and internet connection, and all additional hardware and software necessary for using the service. 3.9 We cannot guarantee continuous availability of the service, and that the service if free from errors at any time. We will try to eliminate all reported problems within a reasonable period of time As our service depends on supply and demand, we cannot guarantee that you will always be able to buy or sell virtual currency in the desired quantity, or at the desired price We reserve the right to temporarily close the service for maintenance. In such case, this will be announced as early as possible of our website. The service will be resumed as soon as possible It may be necessary to change parts of the service. In such cases, you will be informed of the changes on our website or by You have the right to terminate this agreement within 14 days after the effective date. Termination has to follow the procedure specified in section 11.2 of this agreement. 4. PERSONAL INFORMATION In order to conduct certain aspects of the service, we require some personal information such as your name and address. We also receive similar personal information (but no credit card or bank account information) from PayPal when you deposit money through PayPal. We will take all reasonable steps to protect this information from theft, and not pass this information to other parties, except on request from public authorities. This does not apply for anonymous statistical data. We do not store credit card information. 5. DEPOSITS TO YOUR VIRWOX ACCOUNT Deposits to your VirWoX account can be made using wire transfer or using third party payment providers (e.g. PayPal). Depending on the method used and other parameters, limits and fees may apply, as outlined in our list of fees on the web site. 6. WITHDRAWALS FROM YOUR VIRWOX ACCOUNT 6.1 Withdrawals from your VirWoX account can be made using wire transfer or using third party payment providers (e.g. PayPal). Depending on the method used and other parameters, limits and fees may apply, as outlined in our list of fees on the web site. 6.2 When withdrawing using wire transfer, Virtual World Services GmbH will take reasonable steps to check that the owner of the VirWoX account is identical to the owner of the bank account specified for the withdrawal. 6.3 We cannot be held responsible for delays in the transfer of money resulting from third parties. Insofar payments to you are dependent on exchange rates of any kind, the exchange rate at the time of the payment is applicable. If delays generate an exchange rate profit you will benefit, if such a delay result in a loss due to exchange rate change, we will not be liable for such losses. 7. MISUSE OF THE SERVICE 7.1 Neither you nor any persons influenced by you are entitled to using the service in the following ways: (a) Using the service in a way that is in violation of applicable law, license agreements or copyrights. (b) Using the service in a way that is in violation of this agreement; or

3 (c) Using the service for illegal manipulations, hacking, modifying the service or in any other ways interfering with it. 7.2 Users shall comply with applicable laws relating to currency and monetary transfer (that includes rule against money laundering and financing of terrorism). Users also confirm that all the goods and funds traded on the VirWox platform are of legtimate origin and that the users are allowed to use the service of VirWoX. Virtual World Services GmbH can, in its own discretion, take steps to identify and prevent misuse of the service as defined in section SECURITY 8.1 You can choose a username and password to access the service. You are responsible for keeping this information secret and stored in a safe place. You agree to choose a password that cannot easily be guessed by others. You also agree not to tell your password to others. You also agree not to use the password of others. Virtual World Services GmbH cannot be held liable for losses or damages to you others resulting for not keeping your password secret. 8.2 You cannot change your username. You can however change your password. Should you forget your password, you can use our automated password recovery process available from our website. 8.3 If we have reason to believe that a breach of security regarding your account has occurred, or that misuse as defined in section 7 has occurred, we are allowed to take the following measures: (a) We can ask for a change of your password; and/or (b) we can disable access to the service for the respective username and password. In this case we will promptly inform you by You are responsible for informing us immediately if you have reason to believe that your password has become know to others or been used by others. 8.5 You agree to keep the address stored with you VirWoX account up to date. 9. YOUR LIABILITIES 9.1 You are liable for damages resulting from the following actions: (a) You misused the service according to section 7.1; (b) Your use of the service was the basis of legal actions against us for violations of copyright or intellectual property rights; (c) Your use of the service resulted in the inability of others to use the service properly, resulting in legal actions against us for that purpose. 9.2 Virtual currencies are in fact licenses, but in some respects can be treated like real currency. We cannot be held liable for losses of virtual currency resulting from others accessing your account through fraudulent means. 9.4 We cannot be held liable for losses resulting from misuse of your VirWoX account by others. 10. BREACH OF CONTRACT 10.1 We are authorized to disable access to the service if, according to our own judgement: (a) you have violated this agreement, and even after request from us have not stopped this violation immediately; (b) we come to the conclusion that you have misused the service as defined in section 7, even if you are not aware of this misuse; (c) We come to the conclusion that your VirWoX account is inactive; (d) you have declared bankruptcy; (e) we are requested by public authorities to freeze your assets Should be disable access to the service according to section 10.1 users will get the according message on the website once logging in again.

4 10.3 We may, in our sole discretion, refuse any transaction or limit the amount to be transferred. The limits imposed are done at our sole discretion and may be changed from time to time. We may also refuse to process a transaction or we may stop a transaction from being completed if we believe that (1) by doing so we might break any law, regulation, code or other duty and responsibility that applies (2) by doing so it may expose ourselves to action from any government or regulator; (3) it may be linked with fraudulent or illegal activity; or (4) users are in breach of these terms and conditions. In this case we will reverse the transaction to the extent possible. Note that some fees might occur for these transactions as well. After the account has been disabled, it can be enabled again after you convince us you have stopped the reason for disabling the account and will not breach the contract again in the future This agreement is binding also if your account has been disabled. 11. DURATION OF CONTRACT 11.1 Your account is activated after you have finished the registration procedure After activating the account, this agreement stays in effect until it is terminated by either party, by informing the other party of its termination according to section 16. Your termination becomes effective only after all deposits and withdrawals to and from your account have been processed Withdrawals in case of termination of the agreement are handled according to section 6. In the event that we cannot process your withdrawal because of missing and/or wrong information from you, your deposits on your VirWoX account are void after 12 months from the date of us disabling your account, if termination has occurred according to section 10.1, or the date of information of the other party of termination of the agreement, in case the termination occurred according to section We can ask for a handling fee as defined in the list of fees, which is subject to changes according to section 15 of this agreement, for the period of time between the date of our termination of the agreement based on section 10.1 or the date of information about termination according to section 11.2, and the date of final withdrawal. 12. CIRCUMSTANCES BEYOUND OUR CONTROL We cannot be held responsible or liable for not being able to fulfil our obligations resulting from this agreement, for reasons we cannot control. Examples are failure of electronic or mechanical systems, communication lines, the Internet, computer viruses, hacker attacks, unauthorized access, theft, operator failure, earthquakes, lightning, floods, fire, explosions, uproar, war, military operations, national or regional catastrophes, steps by the government or public authorities, working law conflicts, or loss of data by failure of electronic equipment. Should any of these circumstances last for more than 14 days, you are entitled to terminate this agreement by informing us. Should these circumstances last for more than 3 months, we are allowed to terminate this agreement by information to you. Termination will be in accordance with section OUR LIABILITIES 13.1 Virtual World Services GmbH is liable only for intent and gross negligence. All users are aware of the novelty of services for virtual worlds, and its inherent risks. Our liability is limited to the direct damage resulting from our breach of contract, insofar as this damage could be foreseen by us at the time the user has registered. We cannot be held liable for additional damages such as unrealized profits or unrealized savings, useless expenses or loss of data If Virtual World Services GmbH allows direct or indirect access to data or services of third parties, Virtual World Services GmbH is not liable for the availability, existence, or security of such data or services, nor that they are correct, complete, up to date and free from rights of other parties The individual clauses of this section are valid independent of each other and remain valid independent of other sections of this agreement. 14. TRANSFER OF RIGHTS You are not allowed to transfer any rights or commitments of this agreement to others. We retain the right to transfer our rights and commitments resulting from this agreement to others without your consent. 15. CHANGES OF THIS AGREEMENT

5 We can change or amend this agreement at any time. In this case we will inform you in accordance with section 16 at least 14 days before changes come in effect. All changes can also be accessed on our website located at INFORMATION OF THE OTHER PARTY 16.1 Information of the other party regarding this agreement shell be done by to the other party: (a) To us: use the address of our customer service as specified on our website located at or any other address we may tell inform you about. (b) To you: we will us the address you have specified during the registration process, or a different address, if you have changed your address afterwards. It is your responsibility to keed your address current Such information can be regarded as received by the other party at the time it is sent, unless the sending party becomes aware that it could not be delivered. 17. APPLICABLE JURISDICTION 17.1 This agreement and the relationships between its parties is interpreted in accordance with the laws of Austria In case you use our service as a company or public organization, the place of court for legal disputes is Graz, Austria If you are unsatisfied with any aspect of our service, you are invited to get in contact with our support at the address specified on our website located at GENERAL MATTERS 18.1 This agreement and all its sections and clauses, subject to change as defined in section 15, are the complete agreement between the parties with respect to the service, and replace all previous such agreements. On our website located at you can always find the latest version of this agreement Should we not react or not being able to react to your violation of the terms of this agreement, this cannot be interpreted as renunciation of our rights resulting from such violation This is an English translation of the German original of this document. Even though it has been produced with great care, it cannot be guaranteed to be free of errors or subject to different interpretations than originally meant. Therefore, in case of legal disputes, the German original is the legally binding version.