Tamasenco would like to thank you for visiting our browser-based online game, Friend$broker, or Friendsbroker, that can be played by users (“USER” or “USERS”) online. This document contains the terms and conditions (“GTC”) for your visit and stay at www.friendsbroker.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites operated by Tamasenco (collectively, the "Website").
1.2 The following terms and conditions govern the use of the online platform, the online game provided by Tamasenco and other services offered.
1.4 With your agreement to these GTC, you acknowledge the respectively current version of these GTC.
1.5 These GTC completely replace older versions of the GTC for the Website.
1.6 You may view these terms, at any time at the website https://www.friendsbroker.com/terms_and_conditions and you may print and/or save them for you records.
1.7 The services of third parties, including internet access are not subject to these GTC.
1.8 Tamasenco shall provide friendsbroker game and other services to the extent of its technical and operational ability, at an average annual availability rate of 85%. This does not include times during which the use of friendsbroker and other services is interrupted or impaired for mandatory technical reasons or necessary maintenance. During these times, Tamasenco shall not be responsible for fulfilling the terms of this agreement. Tamasenco#&39;s liability for the non-accessibility of friendsbroker and services as a result of intent and gross negligence remains unaffected.
1.9 Tamasenco shall be obligated to counter the risk of data loss through appropriate data protection measures (back-ups). Unfortunately, in the case of a loss of data, it is impossible to reproduce completed game activities, which occurred after the time period of the back-up. Tamasenco is committed to accommodating affected users in relevant cases by using game-related measures to provide rectification. There shall be no entitlement to accommodating services or to statuses that lie beyond the time of the conducted back-up.
1.10 The game’s contents and other services of the Tamasenco are continually developed, updated and adapted. For this reason, the user is only able to participate in the most recent version of friendsbroker.com. The User has no right to demand that the game and services are maintained in the same form as they were at the conclusion of the contract and no right to demand that a certain version is reinstated.
1.11 Tamasenco provides online game friendsbroker in a free basic version. Certain features, however, are only available to paying users within the meaning of section 4.
1.12 Tamasenco shall provide communication possibilities to the user for personal content and contributions. This particularly includes official forums on the internet site operated by Tamasenco, which the user may use within the scope of the actual availability. In doing so, Tamasenco shall provide the technical possibilities for the exchange of information alone in this regard. However, there is no entitlement to the availability of such communication possibilities.
1.13 The use of the friendsbroker online game provided by Tamasenco and other services for gainful or commercial purposes by USER is prohibited. Tamasenco offers the game and services exclusively to consumers within the meaning of section 4 & section 5.
1.14 USER shall be personally responsible for the correctness and suitability of the software and hardware used by him/her. Tamasenco may make non-mandatory software and hardware recommendations at any time.
1.15 USER has the option of obtaining services from contracting partners of Tamasenco as part of individual online game or other services. In this case, USER shall establish a separate agreement with the corresponding contracting partner with regard to such services. Should a separate agreement be required, USER shall be informed of this requirement in a suitable and timely fashion.
1.17 All rights and titles in and to the Website (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by Tamasenco or have been licensed to Tamasenco.
1.18 Tamasenco reserves the right to cease the operation of an online game, parts of it or services at any time and without stating any reasons.
1.19 In case of any deviations or contradictions between the various language versions of the GTC, the English version is binding.
2.1 For the establishment of the agreement, the user must complete the registration form.
2.2 Registration is only permitted for natural persons. By registering you expressly confirm that you are of legal age and you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website. Registration of a minor requires the consent of his/her legal representative.
2.3 You shall be obligated to participate with only one account at friendsbroker.com. This means if you are a previously registered user, you are only able to open a new account if the previous account was deleted. Creating and managing multiple accounts in the game friendsbroker.com (multi-accounts) is forbidden. Such multi-accounts can be blocked and deleted by Tamasenco at their discretion and at any time without warning.
2.4 You may register to participate in friendsbroker.com for free by entering a valid e-mail address, registered in your name, and a password in the registration form. The e-mail address must be capable of being reached regularly at that address for the duration of the use of the game due to the fact that Tamasenco generally communicates via e-mail. Accordingly, the use of one-way addresses (so-called “trash mail”) is explicitly forbidden.
2.5 Manipulative interferences in the game are prohibited. This particularly includes the use of software and mechanisms that disrupt the progress of the game or create an unfair advantage for you over the other players. Among others, the creation and/or use of hacks, cheats, bots, data mining tools and automated browser plug-ins are prohibited.
2.6 You must select an acceptable game name (nickname) upon registration. In providing a name, you may not violate the rights of third parties or the accepted principles of morality. Player names may not be email or web addresses and words that do not correlate to the technical requirements. You guarantee that statements made to Tamasenco upon registration are true and complete.
2.7 Registration shall take place personally. Registration by third parties, particularly third parties who register individuals with various web service providers on a commercial basis (registration or entry services), is prohibited.
2.8 The presentation of our game portal does not represent a binding offer. Only with the completion of the registration form does the user provide a binding offer. For this process, all data fields identified as mandatory fields of the registration form must be completed and, in conclusion, verified by clicking the OK button according to section 2.1 of these GTC.
2.9 Registration shall be confirmed by Tamasenco via an email, sent automatically, containing an activation link. The confirmation procedure shall not constitute an agreement. The agreement shall be established once you click on the activation link and Tamasenco activates you.
2.10 Tamasenco is authorized to decline a verification and acceptance of an agreement with you, without providing reasons. You are not entitled to use friendsbroker or other Tamasenco services.
2.11 You may not transfer your registered account without prior written consent from Tamasenco.
2.12 You shall be obliged to keep strictly confidential the access data (logins, passwords, etc.) assigned by Tamasenco for accessing game and online services, and you agree not to disclose them to any third party. You pledge not to use under any circumstances the account, registration name or password of another user. You shall notify Tamasenco immediately should you become aware that unauthorized third parties have obtained the access data.
2.13 Should a third party use your Account after having obtained your access data through insufficient safeguards against access by third parties, you shall be treated as the third party, due to ambiguity about who had used the account in question, and who might be liable in case of a legal or contractual violation. Tamasenco recommends changing passwords frequently for security reasons.
2.14 In the event of reasonable suspicion that access data have been accessed by unauthorized third parties, Tamasenco reserves the right, but is not obligated, for security reasons and at its own discretion to change the access data or suspend use of the account without prior notification. Tamasenco will immediately notify you and upon request provide you with the new access data within a reasonable period. In this instance you are not entitled to have the original access data reinstated.
2.15 You shall be obligated to comply with the game rules, within the meaning of section 5.
3.1 You can only use game with software installed locally on yours computer or other end devices ("Computer"). These include an Internet browser, a connection to the Internet, an operating system, possible plug-ins, e.g. Java or Flash.
3.2 You are responsible for the costs of this software and its application as well as the costs incurred for the use of the Internet connection.
3.3 It is yours responsibility to maintain your computer in such a way as to ensure the use of the games. Tamasenco does not provide any support for this and you agree that Tamasenco is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues.
3.4 Tamasenco is not liable for any damage or loss of data, which could be incurred through the installation of third party software on your computer or in any other way, such as through viruses or spyware.
3.5 You are particularly obliged to check all incoming emails and downloaded software for viruses and spyware.
4.1 Registration, a user account and the activation of your account thru the verification of your email, are required to use friendsbroker game and Tamasenco services. Registration and user accounts are free of charge. The creation of the account and the use of the basic version of friendsbroker.com are free.
4.2 The operator offers you the possibility of obtaining features (hereinafter “Features”) not available under the basic use plan with the payment of a fee. The fee for the respective features as well as the exact description and functionality of the respective features are shown in detail on the website of friendsbroker.com.
4.3 Payment for these “features” may involve one-time payments for credits which can be used for certain game functions in accordance with the rules of friendsbroker.com game or payment for certain packages, items for use in the game ("virtual goods"), to exchange them for virtual money (“virtual money”) or virtual gifts (“virtual gifts”).
4.4 Tamasenco has the right to demand upfront payment of service fees for use of “features”.
4.5 To purchase credits, you have to click on the "Credits" icon. Youwill then see the different payment methods available. For your safety, we have joined with recognized and trustworthy payment systems. The payments shall be conducted through the selection of a certain payment system (e.g. PayPal, credit card, Premium-SMS) with the respective service provider. After selecting the desired method of payment and the size of the credit package, you are redirected to the selected payment provider to conduct the payment. General terms and conditions incorporated by the contracted provider shall apply alongside these terms and conditions of use. The purchased number of credits is then deposited into your account.
4.6 Available payment methods depend on your country and the payment methods selected by Tamasenco. You are not entitled to use any one particular payment method.
4.7 You guarantee that all statements made during the payment process are complete and accurate.
4.8 Friendsbroker.com is subject to continuous development. Tamasenco reserves the right to offer new Premium Features at any time. Furthermore, Tamasenco reserves the right to change the type, scope and content of the features as well as to discontinue offering them and/or to offer them in the free basic version.
4.9 If you are underage and you wish to purchase fee-based features, you shall guarantee that the means used to pay for the fee-based “features” were granted to you by your legal representative for this purpose or to use as desired.
4.10 In the case of a delayed payment, Tamasenco is authorized to discontinue the features and to block the respective account of the user. The duty of the user to pay the agreed upon fee shall remain unaffected from this.
4.11 Tamasenco reserves the right to change the fees charged for features.
The contents listed below are NOT ALLOWED on any page of Friendsbroker. Players who choose to use such content will be considered as violating our terms of service and their photos/ images will be removed at once. Anyone habitually abusing these terms of service will be subject to penalties and will finally be banned from the game.
YOUR PICTURES / VIDEOS MUST NOT INCLUDE:
5.1 The communication possibilities offered through friendsbroker.com and Tamasenco services, serve the game and fun of the user. Misuse for personal purposes as advertisement, criminal, violent, racial, terrorist or potentially dangerous acts such as but not limited to suicide, anti-social, self harm or drug use, is prohibited.
5.2 You may send messages among each other in the game. You shall acknowledge that Tamasenco shall not tolerate messages, postings or other content that contains the following:
5.3 Tamasenco reserves the right to delete information uploaded by you in the event of a breach of one of the provisions of this Section 5.
5.4 You shall not be entitled to restoration of deleted information. In the event of a breach of these obligations through the uploading of information, Tamasenco is authorized to ban you from further participation in the services offered and to delete your account without notice. Tamasenco reserves the right to enforce additional claims.
5.5 When you submit content you are personally responsible for ensuring that these do not violate laws, particularly the copyrights of third parties. In this respect, you are personally and directly liable for all claims asserted by third parties. Should Tamasenco be held responsible for this type of content submitted by you, you shall release Tamasenco from any costs incurred as a result.
5.6 Knowingly disrupting the dialog of various users is prohibited; e.g. through repeatedly interrupting the conversation between other members, through harassing or through creating negative stereotypes or animosity. Messages sent by the users among each other as “Private” during the game are private and no other players or moderators can read them. But you should avoid, exchanging information, such as an e-mail address, address, last name, telephone number, images, instant messaging name, etc. For reasons of personal protection, Tamasenco strongly advises against providing such personal data. If there is suspicion that certain users are attempting to obtain the aforementioned personal information from other users, Tamasenco should be informed at the e-mail address firstname.lastname@example.org.
5.7 Tamasenco makes clear that monitoring all the content submitted by the users is impossible. However, random tests are performed and the users can also report the violations of others, with the use of “report” text link, by sending an in-game message to our administrators or by sending an email at the e-mail address email@example.com Tamasenco shall then conduct a review as soon as possible and, if necessary, edit or delete the contents.
5.8 There is no entitlement to providing communication possibilities.
5.9 You are bidding pets at your own risk. This means that Tamasenco has no responsibility for any game cash loss due to bad in-game trading decisions or inactive/uninstalled/blocked/banned pets.
5.10 Youmay under no circumstances use, purchase or sell for "real money" or trade virtual items, gifts or tokens (blue chips) used in friendsbroker outside of friendsbroker. This includes all forms of evasion, similar conduct or conduct comparable in its effect to the prohibited conduct mentioned above.
5.11 You are not permitted to use errors in the programming (so-called bugs) for personal benefit. Identified bugs must be reported to the e-mail address firstname.lastname@example.org.
5.12 All rights to virtual items used and transferred against payment in friendsbroker game, remain exclusively with Tamasenco or Tamasenco-authorized contracting partners.
5.13 You shall grant Tamasenco the exclusive right to use all virtual items, or public content created by you without limitation in terms of space, time and content. This right includes but is not limited to the rights of reproduction, dissemination and processing. You shall be granted only a non-exclusive right to use the virtual items, or any public content, limited to the term of the agreement.
5.14 In using friendsbroker.com, you shall follow the instructions of Tamasenco and its employees as well as those of its subcontractors and vicarious agents. This includes, but is not limited to, instructions from honorary employees of platforms belonging to friendsbroker, such as forums, chat rooms or other communication platforms.
5.15 You are prohibited from using any measure, which causes excessive data volumes (traffic) or impacts the progress of the game. In particular, automatic and semi-automatic scripts, which conduct database queries or actuate game mechanisms, are prohibited. This includes but is not limited to bots and other tools that replace or supplement the web interface. Auto-refresh functions and other built-in mechanisms of the web browser related to automated processes also included. Any manipulation to the data stored on the server is also prohibited. Moreover, you are not allowed to use any form of IP tracking tools as those violate the privacy of other users.
6.1 friendsbroker.com falls under the virtual domiciliary right of Tamasenco. This shall mean the right of the operator of a website to monitor the behavior of the users of the website for compliance of the GTC and to take suitable measure in the case of noncompliance. Tamasenco reserves the right to use this virtual domiciliary right as needed without limitation.
6.2 If you violate the obligations regarding behavior of the GTC, particularly the behavioral rules listed in section 5, Tamasenco shall be authorized to block or delete the respective content(s) and/or temporarily or, within the scope of proportionality, to permanently exclude you from further use of friendsbroker.com and/or delete your account for the protection of the other users. In this case, you are not eligible for reimbursement or other compensation of an already provided payment. To the extent reasonable, Tamasenco shall inform you of the purpose of the clarification or remedy of the violation prior to introducing the aforementioned measures. Information is, e.g. not reasonable if damage could occur for Tamasenco or a third party as a result. Upon blocking you, you are not permitted to use friendsbroker.com with another game account.
7.1 All copyright, usage and other intellectual property rights related to friendsbroker.com belong to Tamasenco or are protected for the benefit of third parties. You may only use the contents made available to you, within the scope of participation in the game. Without the express, previous, written consent of Tamasenco, no user is allowed to use, copy, save, process, decompile, reverse engineer, (prohibition of “reverse engineering”) and/or distribute contents of the game, such as texts, images, graphics, characters, logos, music pieces, tones, tone sequences, videos, programs, software codes or other information outside of the participation in friendsbroker.com. The user is allowed to place a link on the internet site operated by Tamasenco, insofar as this serves the cross-reference alone. Tamasenco reserves the right to cancel this permission. However, it is not permissible to link or present the internet sites operated by Tamasenco or their contents with a hyperlink in a frame.
7.2 The same applies for the rights associated with names and other brand or trademark rights. Any use outside of the game, particularly in commercial traffic, is prohibited without express, written approval. This applies in particular to any merchandising articles as well.
7.3 Tamasenco expressly points out the following: should you offer your account or parts thereof for sale on the internet against payment, this presents a copyright infringement and potentially an infringement of the distinguishing brand, in addition to the violation of the significant obligations of these usage conditions, and will be pursued in manner subject to expenses.
8.1 You given the opportunity to Beta test friendsbroker and/or website features. Your participation as a Beta tester is subject to the terms and conditions below.
8.2 Closed Beta tests are confidential. The Beta version, including information about features and functionality to be offered as part of the game, are confidential.
8.3 As you participate in the closed Beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the Beta version.
8.4 You will carry out the testing personally and not provide access to Beta version to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to Tamasenco, and Tamasenco is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations.
8.5 Your obligation to keep the Beta version confidential will continue until Tamasenco publicly distributes, or has otherwise disclosed to the public through no fault of yours, the game and the content that you are testing.
8.6 As a Beta tester, you are invited to play friendsbroker’s beta version for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Beta version or content that you find here.
8.7 The Beta version is provided for testing on an "as is", "as available" basis and we make no warranty to you of any kind, express or implied.
8.8 When playing friendsbroker’s beta version, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
8.9 By playing the friendsbroker’s Beta version, you agree that:
9.1 Upon registration, a usage agreement between Tamasenco and you is finalized for an undefined period. You can terminate the agreement at any time, without notice and without providing reasons by deleting your account or by sending an e-mail to email@example.com. As a result of the termination, all saved information relevant to data protection shall be deleted through your account. This includes your e-mail address.
9.2 Tamasenco can terminate the contractual relationship at any time without providing reasons with a notice of 2 weeks.
9.3 The right to an immediate termination due to significant reasons remains unaffected. Tamasenco is authorized in particular, though not in conclusion, to immediately terminate in the cases listed in section 10.1 of these GTC for significant cause.
9.4 The termination must occur in writing or in the form of text (e-mail shall suffice).
10.1 Tamasenco can terminate the user with immediate effectiveness and exclude him from the game if:
10.2 In minor cases, whereby the respective assessment lies under the sole obligatory discretion of Tamasenco, instead of an exclusion from the game, a game-internal sanction, e.g. in the form of a downgrade, can be declared against the user. The user shall have no claim to being sanctioned instead of being excluded from the game
10.3 Tamasenco shall be authorized to delete the user account if legitimate reasons exist (e.g. inactivity for at least six months)
11.1 Tamasenco shall be liable for damage claims according to the legal regulations for wilful intent and gross negligence, including wilful intent and gross negligence of his representatives and assistants. In addition, Tamasenco shall be liable in the case of an intentional or negligent violation of a significant contractual obligation according to the legal regulations, i.e. an obligation that is particular important for achieving the purpose of the agreement and upon the fulfilment of which you relied and may have relied.
11.2 Except in the case of a wilfully intentional or grossly negligent violation of the agreement, the liability of Tamasenco is limited to the typically foreseeable damage at the time of the occurrence of damage.
11.3 Tamasenco shall not be liable for unauthorized access, the obtaining of knowledge, the distribution or misuse of personal data exchanged on friendsbroker.com by third parties (e.g. through unauthorized access of “hackers”). The same applies for information and content on linked by websites of third parties submitted by users. Sections 11.1 and 11.2 shall remain unaffected by this.
11.4 Tamasenco shall not be liable for the loss of data (high score, purchased items, etc.) in relation to the game characters if you dissolve your account according to section 9.1. The liability for the loss of data in general shall be limited to the typical recovery effort, which would arise from the generation of backups by the user.
11.5 Data communication via the internet cannot be guaranteed without error and/or at all times according to the current state of the art. Tamasenco shall not be liable for this and shall provide no guarantee that the functionality at friendsbroker.com is free of technical errors or that friendsbroker.com shall be available at all times.
11.6 With the exception of wilful intent and tort liability claims, claims for damages come under the statute of limitations 12 months after their establishment.
11.7 In the case of violations to the rights of third parties, particularly intellectual property rights (e.g. copyright and trademark laws) arising from or in connection with contents, which you or a user distribute or otherwise provide access to or which were caused through violation of these GTC, you shall release Tamasenco as well as all related companies, staff, employees and assistants of Tamasenco upon the initial request of all receivables and other claims of third parties (including expenses associated therewith, such as appropriate attorney and court expenses).
13.1 All rights to information uploaded by USER shall remain with USER. By uploading information, not including virtual items, to friendsbroker or other services, USER grants Tamasenco a non-exclusive license free of charge and revocable at any time to publicly showcase, publicly display, reproduce or disseminate this content on the friendsbroker platform or platforms of other game websites. Tamasenco shall otherwise have no right to use information uploaded by USER. Tamasenco is not authorized to disseminate information uploaded outside of friendsbroker or the website of the game and services. Information uploaded by users to friendsbroker may be viewed around the world by third parties via the internet. USER hereby declares his/her agreement to the accessibility of the information. This license shall expire upon deletion of the content from the friendsbroker platform and related services by USER.
13.2 USER may transfer his/her rights and obligations under this agreement only with prior written consent from Tamasenco.
13.3 USER shall have the right to offset claims only if his/her counterclaim has been legally established or recognized and not disputed by Tamasenco. USER may exercise the right of retention only in the case of claims resulting from this agreement.
13.4 This agreement is subject to the laws of the Republic of Cyprus to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods
13.5 If USER has no general jurisdiction in Cyprus, jurisdiction for all legal disputes shall be the location of Tamasenco headquarters. Tamasenco is additionally authorized to bring legal action in the general jurisdiction of USER.
Limassol, 11/07/2012Tamasenco Limited