Monday, 16 May 2011 08:04

Terms & Conditions

TERMS AND CONDITIONS OF USE

The following Terms and Conditions of Use describe the terms and conditions upon which the company ProteusGames Technology Sdn Bhd (hereinafter referred to as “ProteusGames”) provide access to their services on the Internet website  HYPERLINK "http://www.gameshydra.com" www.gameshydra.com (hereinafter, the “Website”) or on any other website edited by ProteusGames.

ProteusGames is a private limited company registered with the Malaysian Trade Register under number 7496792-M, whose registered office is located at 906, Level 9, Block B2, Leisure Commerce Square. No. 9, Jalan PJS 8/9, 46150 Petaling Jaya. Malaysia.

Use of all the services offered by the Website or any other website edited by the ProteusGames company, automatically implies acceptance of these terms and conditions of use.


ARTICLE 1: PRESENTATION OF THE GAME

BattleCraft in an online multi-player game (hereinafter, the “Game”) played with electronic character cards that can be collected by each player within his own private space (his collection).


ARTICLE 2: REQUIRED TECHNICAL CONFIGURATION

In order to use the Game the player needs to subscribe and download Flash application as explained in article 3. Both subscription and download of the application are free. However every Player (as defined by article 3) has the opportunity to acquire new cards by purchasing Hydra Cash.

To play the Game you must have a computer which has the following minimum system configuration: 512 megabytes of RAM, Pentium III or equivalent, Adobe Flash 9.0, Internet Explorer 8.0 or equivalent and a High Speed Internet connection


ARTICLE 3: SUBSCRIPTION

Subscription to the games takes place at the website www.gameshydra.com and consists of filling out a form with a nickname, a confidential and personal password, a valid email address.  Any person subscribed to the Game is considered to be a player (hereinafter, the “Player”). Should a Player not use the Game for one uninterrupted year, ProteusGames reserves the right to close the Player’s account.  His/her nickname will then be made available to other Players after a one-month blocking and unavailability period. Once a Player unregisters or is excluded from the Website, ProteusGames will only keep the anonymous data provided. Players may only have one account each. ProteusGames reserves the right to block or delete multiple accounts belonging to a sole Player.


ARTICLE 4: ACQUISITION AND VALIDITY OF CHARACTERS, MEMBERSHIP AND SHARDS

Once subscribed, the Player receives 16 free cards. The Player can then increase his collection of characters by using Hydra Cash sold on the website as explained in the rules on the Shop page. The cards found inside the packs are selected randomly from the available characters; some cards being rarer than others. ProteusGames  may not know which characters are contained in the packs. These characters can be swapped with other Players in the Game’s "MarketPlace" or “Private Trades” by adhering to the rules explained in this section. The cards have an unlimited validity, subject to any changes made to these terms and conditions of use.

Once subscribed, the Player may also subscribe to additional in-game services (hereinafter the “Membership”) which provides a list of benefits related to the Game for the duration stipulated on the Website. Membership is valid only for the stipulated duration. Membership is not transferable to another Player nor refundable.

However, if a Player is excluded, according to the procedures described in articles 3, 5 and 6, the Player will lose his account, any subscribed Memberships and the cards it contains. Players must fully accept this condition to take part in the game.

In no event can a card or Membership be resold by a Player or converted into Hydra Cash.

No right of revocation can be exercised once the Hydra Cash purchased have been added to the account.


MINORS PURCHASING HYDRA CASH

Hydra Cash can only be purchased by an adult or with the permission of the purchaser’s legal guardian.

Beyond a certain sum, ProteusGames reserves the right to ask the purchaser to confirm that he/she is an adult or that he/she has permission from his/her legal guardian.

Without this confirmation, no substantial transactions will be authorized on the disputed account.


PAYMENT

Prices are fixed in United States Dollars and all expenses are included (with the exception of Internet connection costs that are payable by the Player).

They do not take into account exchange rates and any possible expenses linked to particular forms of payment.

To purchase Hydra Cash, the Player must provide ProteusGames with accurate, complete and up-to-date billing information, including a credit card number and a valid expiry date, or any other information required for a smooth transaction. ProteusGames reserves the right to refuse all Hydra Cash purchased from an account or from a Player responsible for a payment irregularity.


ARTICLE 5: CONTENT

The Game allows Players to communicate with other Players. Players are responsible for the content of their remarks: remarks of a pornographic, xenophobic, insulting or illegal nature are not permitted and are the author’s full responsibility. In the event of violation, ProteusGames reserves the right to apply the sanctions stipulated in article 6 of these terms and conditions. These sanctions may lead to legal proceedings. It is expressly stated, where deemed necessary, that enforcement by ProteusGames of any of the above-mentioned measures will not result in any form of compensation for the concerned party.


ARTICLE 6: PROHIBITED ACTIONS

It is prohibited:

- to use any mechanisms, software or other tools in connection with the BattleCraft’s website that may cause trouble, defect, breakdown or that may in any other way interfere with the function and course of the Game;

- to manipulate, falsify or alter in any way whatsoever the systems used for obtaining Shards, Hydra Cash or for acquiring or exchanging characters

- to use any tools that may cause an excessive strain on the technical capacities of the Game’s service;

- to block, modify, or delete contents generated by the Game;

- to interfere with the accounts of other Players, notably with their nicknames, card collections, Shard, credits, ranks or biographies;

- to create more than one account per Player

In the event of violation of one or several of these rules, ProteusGames reserves the right to delete or block the account of the Player at fault and to prohibit access to all the services provided by ProteusGames. These sanctions may lead to legal proceedings.

For any useful purpose, it is expressly stated that the behaviors set out below will result in the immediate enforcement of the following sanctions. Please note that the behaviors and sanctions set out below are used as examples, with ProteusGames reserving the right to modify the sanctions mentioned and to sanction any types of behavior that violate the terms and conditions of use:

Remarks of an insulting, coarse, offensive or racist nature or that are not in keeping with the good moral standards adhered to on the Website. The choice of a nickname or avatar with vulgar, racist or offensive connotations. Writing a biography  containing remarks that are prohibited by this paragraph: a one to three week ban from the Game depending on the seriousness of the remarks made. A permanent ban from the Game should one reoffend;

Violation of the Game rules and cheating during an official tournament (directly or indirectly organized by ProteusGames): a one month ban from the Game;

Card theft: Permanent ban from the Game;

Account theft: Permanent ban from the Game;

Fraudulent payment: Permanent ban from the Game;

Extorting a Player’s password: Permanent ban from the Game;

Superfluous subscriptions and the opening of multiple accounts: closure of superfluous accounts or a permanent ban from the Game in the event of fraudulent behavior;

Organizing duals with another account or with another Player with the sole intention of artificially moving up through the rankings: a one month ban from the Game. A permanent ban from the Game should one reoffend;

Sending spam from or to the Website or phishing via the Website: Permanent ban from the Game;

Attempting to saturate the forum: one to three weeks ban from the Game; a permanent ban from the Game should one reoffend;

The fusion of several Players on one account: Permanent ban from the Game;

Acquiring or selling cards, Shards or any virtual object produced by ProteusGames by any other means than those offered on the Website or by any other media than the Website itself;

Any behavior aimed at getting round the rules of the Game or modifying the Players’ ranking that may result in confrontations between Players: Permanent ban from the Game.

The existence of credits on an account that is the subject of one of the sanctions set out in this article will not prevent the sanction from being enforced.

In no event can the sanctioned Player claim compensation for the enforcement of one of the above-mentioned sanctions.


ARTICLE 7: PERSONAL DATA

Players have the right to access, modify, rectify and delete personal data pertaining to them. Every Player can exercise this right of access by contacting customer support at the following Internet address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . All requests for access, modification, rectification and deletion will be dealt with by ProteusGames as soon as is technically possible.

The data collected are reserved for the sole use of ProteusGames and enable us to better manage your account and respond to your needs.

With this in mind, you are expressly informed that each visit to the Site will automatically result in a cookie being installed on your computer. This installation is essential for the smooth working of the game.

No personal data can be passed onto any of our partners for marketing purposes without your express consent.


ARTICLE 8: INTELLECTUAL PROPERTY AND PROPRIETARY CONTENT

ProteusGames, or its successors and assigns, is the sole holder of all the intellectual property rights relating to the Game and to all its services and elements, in whatever format that may be, that are accessible from the Website.

Therefore, access to the Game, subscription or the purchasing of credits or virtual objects does not confer any intellectual property rights whatsoever to the Players other than the right of exploitation that is expressly referred to in the following paragraph.

ProteusGames assigns a personal and temporary right of exploitation to every Player or person registered on its Website, authorizing that person to use the virtual objects and in particular the cards available on the Website with the sole purpose of taking part in the Game, in a familiar environment and in accordance with these terms and conditions.

The purchasing of cards or any other virtual object on the website does not constitute in any case a sale  The acquisition of cards in exchange for Shards or Hydra Cash only conveys a limited right of use to the right mentioned in the previous paragraph.

On account of this, the sale or exchange of cards, free of charge or against payment, by any other means than those provided on the Website or on any other media other than the Website itself, constitutes an infringement of the rights held by ProteusGames or its successors and assigns.

Any agreement concerning the transfer, use or storage of accounts, cards or any other virtual object constitutes a violation of these terms and conditions.

For any useful purpose, let us remind you that the sale or purchase of Shards, accounts, cards or any other virtual object on an Internet auctioning website constitutes an infringement of the intellectual property rights held by ProteusGames or its successors and assigns.

Any offender or person in violation of this article will be subject to the sanctions stipulated in article 6 or these terms and conditions as well as any criminal or civil proceedings provided for by the intellectual property Code pertaining to copyright.


ARTICLE 9: LIABILITY

ProteusGames shall not be held liable for any Internet network dysfunction that may affect Game progress, response time or the downloading of the Game or an element of the Game Similarly ProteusGames cannot guarantee that the Game or all or part of the Game will function without any interruptions, that it does not contain any bugs or that all identified errors will be corrected. In no event shall ProteusGames be held liable for the loss or deterioration of Players’ data, including cards, Hydra Cash and Shards in their account, or for any harm resulting directly or indirectly, and of any nature (material, financial or other), from use of the Game. Players must fully accept this condition to take part in the Game. No claim will be accepted by ProteusGames by virtue of this article. The publishing company reserves the right to modify, shorten, defer or even cancel the game if necessary; under no circumstances can it be held liable for such an action.

In no event shall ProteusGames be held liable for remarks made by Players on its Website. You can report any illicit content introduced by a Player onto any of the forums hosted on the Website by writing to the following address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


ARTICLE 10: CUSTOMER SERVICES AND TECHNICAL SUPPORT

For any information relating to the Game or the purchasing of credits, please contact our Customer Support services whose contact details are provided in the “Contact” section of our website.

Information relating to the Game is also available in the "Game Rules" section of our Website.


ARTICLE 11: GOVERNING LAW

These terms and conditions are governed by Malaysian law.

Provided that the identity of both parties allow it, the court having jurisdiction is the  Federal Court of Malaysia. 

Precautions to take when using video games.

Avoid play if you are tired or have not had much sleep.

Make sure that the room in which you are playing is well-lit by adjusting your screen luminosity.

When you play a video game that is connected to a screen, sit at a good distance away from the monitor, as far away as the length of the cable allows.

Rest for at least ten to fifteen minutes per hour while playing.

Epilepsy Warning

Some people are susceptible to epileptic seizures or loss of consciousness when exposed to certain strong light stimuli such as a rapid succession of images or repeated geometric patterns, flashing lights or explosions. Such people may have a seizure while playing certain video games containing these stimuli. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights or patterns, consult your doctor prior to playing. We advise that parents should particularly monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, disorientation, any involuntary movement or convulsion, momentary loss of consciousness, while playing a video game, IMMEDIATELY discontinue use and consult your doctor.