CELLMONS GAME REGULATIONS
§1. General Provisions
1. These Regulations contain the general conditions for granting access to and use of the network game Cellmons (Game) via the internet website (Service) and / or using the Cellmons game client software.
2. The Service, located at the web address cellmons.com, is owned by the Adamantan Publishing Group (Publisher), headquartered in Warsaw, Poland, and is managed and operated by dotGames, Department of Electronic Entertainment of the Publisher (Administrator).
3. A User, as defined by these Regulations, is any physical person who registers in the Service (fills in the registration form and accepts the terms of these Regulations).
§2. Rules for using the game
1. User Registration
a. The primary precondition for using the Game is having an active user account, specifically one that has fully passed the registration procedure and allows the User to log on to the Service. An active account in the Service is the same as having an active account in the Game.
b. Use of the Game is not limited territorially and all interested Internet users are entitled to set up a user account.
c. One User, understood as a physical person, may only possess one active account in the Game at any given time.
d. The Service provides additional personal information fields, which the User can complete as well as define the extent to which this personal information is visible not only to other users of the Game, but also non-users.
e. Once the User has an account, he/she is entitled to inspect and edit his/her personal data, with the exception of the "Username" and "Location" fields.
f. The User grants the Publisher approval to process his/her personal data within the scope and purposes of using the Game and Service.
g. Basic personal data provided by users during the registration process as well as any additional personal information fields in the Service are stored in the Database, the sole owner and administrator of which is the Publisher.
h. The User has the right to delete his/her account in the Game. Account deletion is done on the basis of a User request and consists of the deletion of any user data, which may indicate their specific owner.
i. A deleted account remains inactive and can not be re-activated, while the account name cannot be reused neither by the same nor by any other user.
j. In the event of a breach in § 2 pt. 1a of the Regulations, the Administrator reserves the right to disable all accounts set up by the same person, without consultation with the account owner.
2. User Account Name
a. The user’s account name cannot be vulgar or obscene, and cannot violate generally accepted norms of behavior.
b. The user’s account name cannot spread hatred and / or intolerance on grounds of nationality, religion, race, sex, age or sexual orientation and must not contain threats directed at others.
c. The user’s account name may not ridicule, humiliate, or otherwise be offensive to other users, groups, users, admins or staff, as well as other individuals.
d. The user’s account name cannot contain any proprietary or registered trademarks and cannot infringe upon the rights of third parties.
e. The user’s account name cannot contain any passages that would suggest that he/she belongs to the Administrator’s group, or is a representative of the Publisher.
f. It is forbidden to intentionally modify the user name, so that in the event of a minor mistake it takes on the aforementioned forbidden nature.
g. In the event of a breach in § 2 pt. 2a-f of the Regulations, the Administrator reserves the right to change the name of the user account in collaboration with the User. In the absence of an agreement, the Administrator reserves the right to change the account name, without consultation or simply to delete it.
3. Game Client Software
a. A precondition for using the Game is the download of the Game client software from the Service and its installation onto a device which the User has designated for this purpose.
b. The Game client software works with Windows® XP, Windows Vista® and Windows® 7 and is available only in English.
4. User Behavior in the Game
a. When using the Game and doing any activities associated with it, it is the User’s responsibility to comply with all instructions issued by the Administrator.
b. When using any of the communication tools built into the Game and Service, it is prohibited to verbally harass and/or threaten other users as well as use vocabulary which is vulgar, obscene, commonly regarded as offensive, expressing hatred, intolerant, or intended to ridicule or humiliate another user.
c. Open communication between users on public channels, those available to all Game users, can only be done in English. Communication in other languages is permitted within private and clan chats.
d. It is forbidden to form and maintain clans as well as other informal associations of users in the Game, which are based on the ideology of racial hatred, anti-religiousity, sexist or otherwise promoting hatred, or those which violate generally accepted moral standards. Clan names must meet all of the conditions required of user account names, as described in § 2 pt. 2a-f of these Regulations.
e. It is forbidden to deliberately lose duels thereby allowing the opponent to gain experience points, ranking points, or any other benefits.
f. It is forbidden to use the Game’s and/or Service’s mechanisms to share and/or distribute content among other users over which the User does not have full copyrights and property ownership.
g. It is forbidden to use the Game’s and/or Service’s mechanisms to share and/or distribute advertising content.
5. Prohibited Actions
a. It is forbidden to pose as employees of the Publisher, Administrator and/or any other persons acting on their behalf.
b. It is forbidden to pose as another user of the Game as well as to use someone else’s account in the Game and / or the Service, even with their knowledge and / or consent.
c. It is forbidden to undertake any activity aimed at obtaining an unforeseen by the Game’s mechanisms advantage over other users.
d. It is forbidden to modify both the Service and the client software used for playing Cellmons. Moreover, it is forbidden to use existing wholes and errors, as well as preventing an opponent from fighting through attacks on the device accessing the Game (DoS).
e. It is forbidden to distribute in any form or by any means information about errors in the Game, which may help to abuse unforeseen by the Game’s mechanisms advantages over the other users. The only permitted action in case of an application error is detected is to contact the Game Administrator.
f. It is forbidden to eavesdrop and/or analyze the communication protocols between the client, server and / or the Game Service. Use of any external scripts and/or macros is forbidden.
g. It is forbidden to create, disseminate and/or use any systems which emulate the Game without prior written permission from the Publisher.
h. In special cases, violation of § 2 pt. 5a-g of the Regulations may be grounds for legal action against a person breaking these provisions.
a. In the event of a breach of any provision of the Regulations, the Administrator reserves the right to impose a penalty on the User.
b. The penalty may take the form of, among others, a verbal or written warning, temporary or permanent lock on the user account, User account removal, avatar deletion, reduction of avatar experience points, as well as User reduction in ranking points.
c. In selecting the penalty, the Administrator will take into account the User’s past/current behavior and the type of offense committed.
7. Intellectual property and charges
a. When opening a Game account, the User transfers his right to the User account name to the Publisher, while the Publisher grants the User exclusive rights to use that name in the Game. The account name, User's location (country), and the history assigned to that account in the Game are owned by the Publisher.
b. User registration in the Game is free. After registration the User receives a Starter Pack containing 50 spell cards and can use all of the Game’s features for free.
c. The Game recognizes and utilizes a virtual currency, called gold, with which the user can purchase various virtual goods (such as spell cards and card boosters) and which can be shared or exchanged with other users.
d. The gold currency can be bought in packages in the online store located on the Game Service by paying for it with real money. This fee is considered an electronic service charge and therefore is not refundable, unless it has been taken as a result of an error in the Service, and the User has not used the received gold currency to buy virtual goods in the Game.
e. Any gold currency purchased by the User or obtained from other users through virtual currency transactions is assigned to a specific user account, but is owned by the Publisher. It can only be used by the User to whom the account has been assigned.
f. Any virtual goods purchased by the User or obtained from other users through virtual goods transactions is assigned to a specific user account, but is owned by the Publisher. They can only be used by the User to whom the account has been assigned.
g. Upon removal of the User account in the Game at the User’s request, any remaining virtual gold currency as well as virtual goods will be confiscated. The User may not seek a return in real currency equal to the value of the unused virtual currency and / or virtual goods, nor can he/she require their transfer to a different user account.
a. The User bears full responsibility for all activities performed while using the Game and/or Service.
b. The User is responsible, in particular, for the security of his/her account password in the Game in order to prevent other users from guessing and / or decoding it.
c. The Publisher is not liable for any problems or technical limitations resulting from the hardware and network used by the User, which prevent or hinder his/her use of the Game or Service.
d. The Publisher will make every effort to ensure that use of the Game and Service is possible using all popular browsers, operating systems, types of computers and types of Internet connections. However, the Publisher does not guarantee and is not responsible for the fact that all combinations of these factors will enable use of the Game and Service.
e. Any attempt to break into the Service and use it in a manner inconsistent with the Regulations may result in an unannounced, irreversible blocking of the User’s access to the Service, as well as appropriate legal action on the part of the Publisher.
f. The Publisher is not liable for User violations of the Regulations while using the the Game and Service, nor any resulting damage caused by such actions.
g. The Publisher is not liable for the content of messages sent by users via the Game’s built-in communication tools. Sole responsibility for such content is held by the text’s author, hence User.
h. The Publisher is not liable for damages due to random events, which despite due diligence, could not be foreseen or prevented.
i. The Publisher is not liable for interruptions in the Game resulting from technical reasons (ex. maintenance, revision, equipment replacement), or those beyond its control.
j. The Publisher is not liable for the manner in which the Game and Service operate, in particular for consequences of errors in the software made available to the User.
k. The Publisher is responsible for properly securing the Database, the Service and Game servers, and takes it upon himself to perform the appropriate backup, but cannot be held liable for any loss of data due to hardware failure, system or other circumstances independent of the Publisher.
l. If a decision is made to terminate the Game and/or Service, the Publisher commits itself to maintaining proper functionality for at least 6 months from the date of user notification.
§ 3 Final Provisions
1. In matters not covered by these Regulations the relevant provisions of Polish law (Civil Code) will apply.
2. Polish Law will be applied to all legal issues arising from these Regulations. Any disputes will be settled by standard Polish courts which hold jurisdiction over the Publisher’s headquarters.
3. The Publisher reserves the right to amend these Regulations. These changes will be published on the Service. Users will be continuously informed about any changes to the Regulations.
4. These Regulations constitute the sole document setting out the rules for the use of the Game and Service and is available to all potential users on the Service.
5. These Regulations come into force upon the date of publication.
Warsaw, 18 December 2010.