Effective date: 15 November 2007

Terms of Service

This website is operated and maintained by VogelX Limited, a company registered in England and Wales (registered number 6285844), whose registered office is 116 – 118 Chancery Lane, London, WC2A 1PP, UK. Our VAT number is 919 1151 35.

Use of this website and the services provided via it are conditional upon you accepting the following Terms and Conditions. Unless otherwise specified, your acceptance shall be indicated by your use of this website. If you do not accept these Terms and Conditions, you must not use this website.

We may change these Terms and Conditions at any time. Please check them whenever you return to the site. We will treat your continued use of our site as acceptance of these changes from their effective date as shown above.

If you have any questions about these Terms and Conditions, please contact us via email at admin@vogelx.com and do not use the site until you are satisfied with and can accept these Terms and Conditions in full.

In these Terms and Conditions, “the Game” is used as shorthand for the game “VogelX” in all its versions and “admin” is used as shorthand for a staff member of VogelX Limited.

The headings in these Terms and Conditions do not affect its interpretation.

Age restrictions

This site may contain coarse language and themes of violence and or of a sexual nature.

If you are under 18 but 16 or over, by using our website you are representing (i.e. making a promise) that you have permission from your parents or legal guardian to use our site and to our Terms and Conditions and privacy policy. We reserve the right to terminate any account if we are not satisfied that such permission has been given.

Safety / abuse

We will monitor and take action upon inappropriate use of this website (including the posting of inappropriate, offensive or otherwise objectionable material via the mailbox or otherwise), we cannot guarantee that this website won't contain such content or that we will remove / modify any particular content. Nor can we guarantee that users will comply with our Terms and Conditions or otherwise behave appropriately.

If you are the victim of offensive or inappropriate behaviour or receive any other unwanted communications, you must use the built-in facilities to block the messages. You must report all inappropriate behaviour to us by messaging or emailing an admin. If you continue to suffer problems, or are not satisfied, then you must stop using this website immediately.

Your account

To play the Game or use many features of this site, we require you to create an account. You agree that your account is and remains the property of VogelX Limited. You may not sell, transfer or lend your account to anyone else, or permit anyone else to use your account, and you may not accept an account, which anybody else offers you.

You may not create more than one account. If we find out that more than one account is created or accessed on the same computer, such accounts will be deleted.

All valid account holders are hereby licensed to play the Game and to download and use our client software and connect to our servers for the sole purpose of playing the game subject to compliance with these Terms and Conditions.

We reserve the right to delete your account and block your access to our website and services.

Username

You must not choose a username that infringes the rights of any third party, impersonates VogelX staff or other users, which is deliberately confusing or which is offensive, racist, obscene, unlawful or otherwise inappropriate. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.

Password

You agree to keep your password safe at all times and not to disclose it to any other person. If you believe that someone has stolen your password or otherwise gained access to your account, email or message an admin immediately.

Provision of service

You must not reverse-engineer, decompile or modify our software in any way. Further, you must not use an outside program, glitch or any browser tricks (including plug-ins and auto refresh/load) in the Game.

Please report any bugs or glitches you find in the Game.

You must not leak to other players’ information about your character in order that you or they obtain an unfair advantage.

Availability

We will make reasonable commercial efforts to ensure that this website is available 24 hours per day without any interruptions. However, we reserve the right to make this website unavailable at any time or to restrict access to parts or all of this website without notice.

Intellectual property rights

You must not create or provide any other means by which the Game may be played by others (including, without limitation, replacement or modified client/server software, server emulators).

Materials (including, without limitation, all information, software, data, text, photographs, graphics, sound and video) placed on this website by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners / suppliers / advertisers. You may not use these materials or this website except to play the Game in accordance with these Terms and Conditions only.

You agree that by submitting any material of any kind to us for any purpose connected with the Game or website (non-exhaustive examples are suggestions and ideas for the Game), you are giving us a non-exclusive, perpetual, worldwide, royalty-free license to use and/or modify the submitted materials as we see fit. You agree that you will not withdraw the submission or attempt to make a charge for its use. Furthermore you guarantee that you are the exclusive copyright holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.

Other equipment / software

We make no promise that this website will operate either fully or in part on any specific computer equipment or with any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, either temporary or permanent, occurring to either equipment or software that might occur whilst using our website.

Subscription

If you apply for a subscription or a credit bundle, you guarantee that all the information that you submit is true and accurate (including without limitation your credit card number and expiration date, and other payment details). You agree to pay all fees specified when you apply including all applicable taxes. Unless otherwise stated, all prices shown for EU countries include VAT.

By submitting your order you are making an offer to purchase a credit bundle or subscribe to the Game. Your offer is accepted and a binding contract occurs when we transfer credits to your account.

All subscriptions payments paid for using PayPal will continue to be taken at the relevant intervals until you cancel your subscription (see below).

We reserve the right to alter the amount or terms of our subscription fees at any time. If so, we will give you notice by sending a message to your registered email address (which you should check regularly) notifying you of the price change. The change will not take effect for at least 30 days from the date when our message has been first accessed, thereby giving you an opportunity to cancel your subscription if you would prefer not to pay the new fee. If you do not cancel before the effective date, then the new fee will apply.

Cancellation by you

You may cancel your subscription at any time by changing your subscription settings in PayPal.

Upon cancellation you will not be charged any further subscription fees. No payments already made will be refunded (wholly or partly) but you can of course use up any unused membership credit in the account.

If you are an EU consumer, you may cancel your orders within 7 working days of placing it, in which case we will refund your subscription or credit bundle payment in full.

You may cancel for this purpose by emailing admin@vogelx.com or by giving us written notice as prescribed in the Consumer Protection (Distance Selling) Regulations 2000.

However, this right of cancellation does not apply once you have started to use the subscription or inserted the credits into the Game.

Privacy

We have a number of obligations to you with regard to the management of your personal information under the Data Protection Act 1998. We will deal with the information that you provide to allow us to manage your relationship with VogelX Limited.

Information collected

We collect personal information from customers for the purposes of setting up and managing your account, and for providing you with information about promotional offers.

Accuracy

We will take all reasonable steps to ensure that any information that we hold about you is accurate and current.

If you have any requests concerning your personal information or any queries with regard to our management of your information, please contact us by email to admin@vogelx.com.

Monitoring of Transactions

All of your transactions are recorded on our computer systems. We also carry out routine monitoring of all transactions as they take place to assist us in improving the service that we provide to you.

Purchases - Cookies & Tracking

Transactions carried out on Internet sites automatically collect information using cookies. A "cookie" is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser.

Cookies are used on this site for two purposes, firstly to allow you to login to the site and to check that your computer is still logged in to the same session while you browse from page to page. Further, while purchasing credits or a subscription information will be temporarily stored in a cookie until the transaction has been completed. This provides a quick and effective service enabling you to get the most out of our site. Various other settings are stored in cookies for a longer duration so that when you return to the site as many of these settings as possible remain the same.

The second purpose for using cookies is to keep track of customer browsing patterns and to build up a demographic profile. This data is totally anonymous and cannot be linked back to one individual. A customer can stop the "tracking" cookies by altering the browser's Privacy Settings to block third party cookies (the process you follow to do this will differ from browser to browser). Please note however that if you set the privacy settings on too high a status, this may cause problems when you next login.

Security and Privacy

We will take all reasonable steps to ensure that your information is kept securely and protected from unauthorised access.

Retention and Disposal

We are required by Law to retain and make available financial information for a period of 7 years. Other personal information will be retained only while it has relevance to your account with us, or to our obligations to you. All information not required for legal purposes will be destroyed within 5 years of an account being closed.

We will take all reasonable steps to ensure that the privacy of personal information is maintained on disposal. To this end, all hardcopy (paper etc) documentation is shredded, and all information held on computer media is erased when they are no longer required.

OUR LIABILITY / YOUR INDEMNITY

THIS SECTION (AND ANY OTHER CLAUSE EXCLUDING OR RESTRICTING OUR LIABILITY) APPLIES TO OUR DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND AFFILIATED COMPANIES AS WELL AS TO US.

NOTHING IN THIS AGREEMENT IN ANY WAY LIMITS OR EXCLUDES OUR LIABILITY FOR NEGLIGENCE CAUSING DEATH OR PERSONAL INJURY OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH MAY NOT LEGALLY BE EXCLUDED OR LIMITED.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, TO THE EXTENT ALLOWED BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, BY STATUTE, COLLATERALLY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR REASONABLE CARE AND SKILL.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING GROSS NEGLIGENCE), STATUTORY DUTY OR COLLATERALLY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THIS WEBSITE FOR CONSEQUENTIAL, INDIRECT OR SPECIAL LOSS OR DAMAGE OR ANY ECONOMIC LOSSES (INCLUDING LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR PUNITIVE DAMAGES OR LOSS OF DATA, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND HOWSOEVER INCURRED.

OUR MAXIMUM LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR COLLATERALLY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THIS WEBSITE SHALL BE LIMITED TO £50, OR THE SUMS PAID BY YOU TO US IN RESPECT OF ANY TWELVE MONTH PERIOD, WHICHEVER IS GREATER.

ALL CLAIMS MUST BE SUBMITTED IN WRITING AND BROUGHT WITHIN THREE MONTHS OF THEIR OCCURRENCE OR BE DEEMED WAIVED.

YOU HEREBY AGREE TO INDEMNIFY VOGELX LIMITED AND HOLD US HARMLESS FROM AND AGAINST ALL THIRD PARTY LIABILITIES, CLAIMS, LOSSES, DAMAGES, OR COSTS ARISING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS INCLUDING REASONABLE LEGAL COSTS.

Assignment

You may not transfer any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent.

Rights of third parties

It is agreed that the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.

Entire Agreement

These Terms and Conditions represent the entire understanding and constitute the whole agreement in relation to its subject matter and supersede any previous agreements between the Parties with respect thereto.

Severance of terms

If any provisions of this Agreement shall be declared invalid, unenforceable or illegal by the courts of any jurisdiction to which it is subject or by order of the Commission of the European Union such invalidity, unenforceability or illegality shall not prejudice or affect the remaining provisions of this Agreement which shall continue in full force.

Waiver

No relaxation, forbearance, delay or indulgence by either party in enforcing any of the Terms and Conditions of the Contract shall prejudice, affect or restrict the rights of that party under the Contract. No waiver by either party of any breach of the Contract shall operate as a waiver of any subsequent or continuing breach of the Contract.

Law

This Agreement shall be governed and construed in accordance with the laws of England and Wales.

Complaints

If you are dissatisfied with this website or any aspect of it, please contact us by email at admin@vogelx.com or write to our registered office above.