Terms of service
GENERAL TERMS AND CONDITIONS
1.1 The following terms and conditions regulate the use of online and mobile games, websites, applications found in online stores as well as other services provided by Synbias Pharma AG, Pestalozzistrasse 2, 8200 Schaffhausen, Switzerland (hereafter referred to as „Synbias Pharma AG“).
1.2 Synbias Pharma AG can not guarantee up time on its products and services while they are in development stages.
1.3 Synbias Pharma AG continually updates, changes and develops its products and services at its own discretion. Users can therefore only participate in or make use of products and services provided by Synbias Pharma AG in its respective form at any given time. Synbias Pharma AG reserves the right to halt or discontinue operation of products and services without explanation or warning.
1.4 Products and services of Synbias Pharma AG are for entertainment use only. The use of Synbias Pharma AG services and products for business purposes is strictly prohibited.
1.5 Users are responsible for their own software and hardware to be up to date.
1.6 In addition to these general terms and conditions, any individual rules of any product or service provided by Synbias Pharma AG shall remain in effect. In case of contradiction between these terms and conditions and the rules of a service or product provided by Synbias Pharma AG, these terms and conditions shall take precedence. Users will be appropriately informed of any specific terms and conditions of any Synbias Pharma AG‘ product or service prior to usage.
1.7 Deviations from these terms and conditions require a prior written consent from Synbias Pharma AG.
2 Completion of Contract
2.1 Only individual natural persons are eligible for registration of Synbias Pharma AG‘ products and services.
2.2 All registering users must agree to these terms and conditions as well as the individual terms and conditions of the product or service being registered for.
2.3 Minors under the age of 13 are not permitted to register. Minors over the age of 13 with the explicit consent of their legal guardians as long as they have reached the age limit set by the product or service.
2.4 To register users must give an email address and select an account name. Furthermore, users must select an in-game name. Users have no claim to their selected account name or in-game names nor do they have any rights to specific names. Offensive or indecent names are not permitted and subject to be changed or banned at the discretion of Synbias Pharma AG.
2.5 Users are responsible for providing Synbias Pharma AG with accurate and valid information upon registering. Account and in-game names can not be emails, web services or business services. Users can not register via third parties except for explicitly permitted parties listed by Synbias Pharma AG.
2.6 User accounts, in-game accounts and virtual items are non-transferable and the property of Synbias Pharma AG to which the registered user has a non-exclusive access to while the product or service is registered new users.
2.7 Users have no right to claim registration or activation.
3 User Obligations
3.1 Users commit to keep their registration data submitted to Synbias Pharma AG up to date. Upon request by Synbias Pharma AG, users must confirm their user data to validate its accuracy.
3.2 Users are required to maintain strict confidentiality of their login credentials and are not permitted to share their login password with anyone under any circumstances. Furthermore, users are required to protect their login credentials from third-party access.
3.3 Should a user have cause to believe their login credentials are compromised in any way the user is obliged to inform Synbias Pharma AG and change their credentials or have it changed by Synbias Pharma AG. Should Synbias Pharma AG have evidence of a compromised user account, Synbias Pharma AG reserves the right to block access to the account temporarily or permanently in which case Synbias Pharma AG will inform the user.
3.4 In the case of offers which require the prior installation of a client software, Synbias Pharma AG grants the user an unrestricted, non-exclusive, non-transferable, personal and time-limited, in terms of the user agreement, right to install the client software and use it for the proposed purposes according to these general terms and conditions and the rules of the respective product or service.
3.5 Synbias Pharma AG‘ products and services may not be used for commercial purposes in any manner.
3.6 Any modification to the products or services of Synbias Pharma AG, the decompilation of code or any reverse engineering attempts require a prior written consent from Synbias Pharma AG.
4 Product and Services' Specific Terms
4.1 Unless the rules of a game especially permit it, users are not allowed to partake in a game with more than one account. Synbias Pharma AG can at its discretion block or delete any and all accounts of users that are guilty of this behaviour.
4.2 Users are prohibited from enacting or taking part in any form of manipulative interference (malicious or not) of the normal operations of any service or product of Synbias Pharma AG. Also, users may not engage in or take any measures that interfere with the normal operations of Synbias Pharma AG‘ products or services. This includes but is not limited to, bots, cheats, scripts, mods, hacks, data mining or any other software that intercepts, modifies or changes game data.
4.3 Users are not permitted to use Synbias Pharma AG products and services that conceal the user‘s true IP address without a prior written consent from Synbias Pharma AG.
4.4 Users may not sell or forward any virtual items or user accounts.
5 User Communications
5.1 Synbias Pharma AG provides users with several means of communication, forums, in-game chat and a Discord channel. Synbias Pharma AG is not responsible for user entries on these venues and can not be held responsible for user behaviour. When Synbias Pharma AG makes use of third-party communication platforms the rules of those platforms are in effect but superseded by these terms and conditions.
5.2 Synbias Pharma AG reserves the right to move, edit or delete any user submitted content on these venues at its discretion.
5.3 Users grant Synbias Pharma AG the permanent, irrevocable, non-exclusive right to use user submitted entries on any communication venue provided by Synbias Pharma AG without compensation.
5.4 Users are prohibited from publishing or distributing content on Synbias Pharma AG‘ communication venues that are in breach of applicable laws, goes against common decency, is obscene, racist, pornographic, abusive or commercial in nature. Furthermore, users are prohibited from divulging non- consensual third-party personal information.
5.5 Synbias Pharma AG has the right, at its discretion, to block or delete a user‘s account from any communication venue provided by Synbias Pharma AG and/or from any of Synbias Pharma AG‘ products and services.
6 Breach Consequences
6.1 Synbias Pharma AG is not liable for damages resulting from a user‘s breach of duty.
6.2 At its discretion, Synbias Pharma AG can take the following actions against users who Synbias Pharma AG deems are in breach of these terms and conditions; issue a warning, remove content (such as virtual items), block accounts (temporarily or permanently) from any or all Synbias Pharma AG‘ products and services, immediately and unilaterally terminate this contract.
7 Usage Fees
7.1 Synbias Pharma AG products and services that are free of charge to download, install and play, may contain in-application purchases where users can pay money to acquire a virtual currency that can be spent on services or virtual items.
7.2 Virtual currency packages for sale will have their price displayed in euros or the user‘s regional currency (if applicable). Services and virtual items purchasable with the virtual currency will have their function and availability (if applicable) displayed. Payment methods available to the user will be displayed with regional options (where applicable) and can vary between platforms, the user‘s country and technical options. Purchase of virtual currency concludes when the user presses the "Pay" button.
7.3 Services and virtual items purchasable will have their functionality described, their availability (where applicable) and payment methods displayed.
7.4 Synbias Pharma AG reserves the right to change payment options, methods and fees at their discretion.
7.5 Money payments are collected by the service provider selected by the user for the respective purchase or via a transfer made by the user. The general terms and conditions of the service provider may be applicable in addition to the terms and conditions of Synbias Pharma AG.
7.6 At the completion of a payment or when the receipt for a money transfer is received, Synbias Pharma AG shall credit the purchased service or virtual items to the user‘s account. Upon the credit the user has accepted a contract with Synbias Pharma AG regarding the purchase of virtual items and/or services.
7.7 The user acknowledges and agrees that all information provided by the user as part of a payment transaction is accurate and complete.
7.8 Statutory interest shall accrue in instances of default. Synbias Pharma AG is entitled to block the user account, recover further damages and terminate services in cases of default.
7.9 Should Synbias Pharma AG incur back charges or cancellation fees at the fault of the user (including an inadequate account balance) the user shall bear all costs incurred.
8 Limitation of Liability
8.1 Users are held personally liable for any violation of a third party's rights. Users agree to reimburse Synbias Pharma AG for all damages resulting from the culpable non-observance of the obligations of these terms and conditions. Users release Synbias Pharma AG from all eligible claims that other users or third parties may file against Synbias Pharma AG due to a violation of their rights by content posted by the user or due to a violation of other obligations. Users shall assume the costs of Synbias Pharma AG' legal defense, including all court and legal fees. This condition does not apply if the user is not responsible for the infringement.
8.2 The liability of Synbias Pharma AG, on whatever legal grounds, whether due to contractual misconduct a breach of duty, is ultimately determined in accordance with the following rules:
8.2.1 If Synbias Pharma AG provides the respective liability-causing service free of charge, Synbias Pharma AG is liable only for malice and gross negligence.
8.2.2 In the case of non-gratuitous services, Synbias Pharma AG' liability is limited to cases of malice and gross negligence, but unlimited in cases of personal injury. In cases of slight negligence, however, Synbias Pharma AG will only be liable for a breach of essential contractual obligations such as delay or unavailability which Synbias Pharma AG is held responsible for. In the case of a breach of an essential contractual obligation, liability is limited to the typical contractual damages that Synbias Pharma AG had to calculate upon conclusion of the contract due to the circumstances prevailing at this time. "Essential contractual obligations", as previously stated, are the obligations that may be relied upon by the user and that ensure that the contract runs in accordance with its regulations and achieves the contractual aim.
8.2.3 Synbias Pharma AG assumes no liability for interruptions within the network that are not the fault of Synbias Pharma AG.
8.2.4 Synbias Pharma AG is liable for a loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures taken by the user.
8.2.5 The aforementioned liability limitations do not apply in cases of explicit guarantees made by Synbias Pharma AG, in cases of malice, and for damages due to the loss of life, limb, or health. Liability shall remain unaffected under the Product Liability Act.
9 Contract Duration
9.1 The contract begins when an account is accredited or activated by Synbias Pharma AG and applies for all of Synbias Pharma AG‘ products, services and websites. The contract duration is indefinite.
9.2 The contract can be terminated by either party with immediate effect as long as no temporary contract period has been agreed upon.
9.3 Either party has the right to terminate the contract at its discretion without giving a period of notice.
9.4 Termination must be submitted in written form, to that effect, emails are considered to be written form.
9.5 Synbias Pharma AG reserves the right to edit, move or delete users from game worlds. Furthermore, Synbias Pharma AG can delete or block user accounts at its discretion.
10 Governing Law
The governing laws of Iceland shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.
11 Amendments; Miscellaneous
11.1 Synbias Pharma AG reserves the right to amend, modify and change these terms and conditions at its discretion. Reasons can include but are not limited to: changes in legislation, technical necessities, maintaining company operations, change in market conditions or for the benefit of the user. No changes will be made that could jeopardize the contractual balance between parties. Users will be notified of any changes via Synbias Pharma AG‘ website and/or via the product or service the user partakes in with a notification period of at least four weeks before the changes take effect. The user is entitled to object to any impending changes within the notification period. Any changes are considered to be accepted by the user if no objections are received or if the user makes use of the product or service within or after the notification period.
11.2 Synbias Pharma AG can transfer its rights and obligations from this contract to associated companies in accordance with Para. 15 of the Stock Corporation Act (AktG).
11.3 Users are only entitled to an offset if their counterclaim has been legally established or has been recognized by Synbias Pharma AG and is uncontested or has resulted from this synallagmatic legal relationship. Users can only exercise a right of retention provided that it pertains to claims arising from this contract.
11.4 Synbias Pharma AG communicates generally via email. Users must ensure they check the email they used to register their account with regularly for messages from Synbias Pharma AG.
11.5 Should any provision of these terms and conditions be or become invalid and/or oppose statutory provisions, the validity of the remaining provisions of the terms and conditions shall remain unaffected.
Withdrawal from Contract
Users have the right to withdraw from the terms and conditions contract and the purchase contract within fourteen days of the commencement of the applicable contract without specifying a reason. To exercise your right to withdraw you need to inform Synbias Pharma AG by written submission clearly stating your intention. The revocation period of 14 days begins with the commencement of each applicable contract made. It is sufficient to send the notice of withdrawal within the period of revocation in order for it to apply.
Effects of Withdrawal
In the event you have withdrawn from a contract, we undertake to return all payments we have received from you, including delivery costs (with the exception of additional costs that arise from your choice of delivery if it exceeds the cheapest standard delivery offered by Synbias Pharma AG) without delay and no later than fourteen days from the date we receive your notice of withdrawal. In order to settle the return payment, we shall use the same payment method that you used for the original transaction unless we have expressly come to a different agreement with you; under no circumstances shall any fees associated with this return payment be charged to you.
Submitting your Withdrawal
You can (but are not obliged to) use the form below to submit your revocation of a contract. Model withdrawal form (complete and return this form only if you wish to withdraw from a contract) To Synbias Pharma AG, Innovation House, Eiðistorg 17 170 Seltjarnarnes, Iceland E-Mail: firstname.lastname@example.org I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*) Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only if this form is notified on paper) Date User account name Game server In-game name (*) Delete as appropriate.
PRIVACY AND USE OF PERSONAL INFORMATION
The term “User Personal Details” means information relating to your personal Account details, including your email address, profile name or other online identification, first name, last name, age, date of birth, country of residence, preferences and settings including communication or content restrictions and parental control settings, other account information such as friend’s lists, block lists, and language selection, any dates the foregoing data is modified, and any other information relating to your Account. The term “User Gameplay Information” means any information relating to your play or use of the Game, including your gameplay statistics, preferred strategies, in-Game transaction history and trends, history of technical issues and support usage, and history of contributed and received User Content. User Personal Details and User Gameplay Information together constitute “User Data”. You may verify and update your Account information by logging into your Account through the account management page within the Game.
1 Effects of Withdrawal
The party responsible is Synbias Pharma AG ehf., Innovation House, Eiðistorg 17, 170 Seltjarnarnes, Iceland. You can submit any query pertaining to Synbias Pharma AG’ handling of your personal information to email@example.com or the postal address above.
2 Information Collected
All transmissions by you in Starborne are not private. You recognize and agree that you have no expectation of privacy regarding communications you make in Starborne, whether through private in-Game messaging, during chat, or in chat rooms. Synbias Pharma AG and/or its designated affiliates and representatives may monitor communications made by or received from you. Private information should not be provided to any other player in Starborne. Synbias Pharma AG shall not be responsible for the consequences of any such disclosure by you.
3 Third Party Cookies and Tracking
Our websites use Google's remarketing technology. This technology enables users who have already visited our online services and shown interest in our services to see targeted advertising on the websites of the Google partner network. Likewise users that are similar to the visitors of our websites can be addressed. The advertising will be displayed using cookies. These are small text files saved on the user's computer. The information generated by the cookie about the website use will be transmitted to and stored on servers in the United States by Google. In the event that the IP address is transferred, it will be reduced by the last 3 digits. Using cookies, the user behavior on a website can be analyzed and subsequently utilized to provide targeted product recommendations and advertising based on the user's interests.
4 Use of your personal information
Synbias Pharma AG uses your personal data to improve its services and products and to satisfy user needs. We use your personal information for the establishment, processing, and settlement of your user relationship with Synbias Pharma AG and the processing of payments. Furthermore, we use your information in order to communicate with you. This communication includes emails informing you on new features in our services where appropriate. We use your personal information in order to inform you about products, services, or certain events which could be of interest to you on a regular basis. Each message contains a method to unsubscribe to such messages. Finally, we use your information in order to protect our webpages and to trace unauthorized accesses.
You acknowledge and agree that Synbias Pharma AG may collect and store User Gameplay Information about you, both as an individual and aggregated with the User Gameplay Information of other users of the Game and the System. In addition, you accept that Synbias Pharma AG may analyze and use such User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of Synbias Pharma AG products and services.
5 Transmissions of Your Personal Information
Synbias Pharma AG does not guarantee that User Data transmitted to Starborne, including without limitation information in your Account and/or User Personal Details, will not be disclosed to third parties. While Synbias Pharma AG's aim is to keep your User Data confidential and Synbias Pharma AG utilizes security measures to protect the integrity of Starborne, third parties may unlawfully intercept transmissions or private communications, or access data within Starborne.
Synbias Pharma AG may (and you hereby expressly authorize Synbias Pharma AG to) disclose information about you to private entities, law enforcement or other government officials, as Synbias Pharma AG, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries. You agree that in the event of a failure in Starborne, Synbias Pharma AG may provide crash dump information to third parties under suitable confidentiality restrictions in order to review, analyze and provide reports on such information to determine the cause or correction of the failure.
You agree that Synbias Pharma AG may remotely monitor your Game hardware solely for the purpose of establishing whether in playing Starborne and accessing you are using software created or approved by Synbias Pharma AG, or whether you are using unauthorized software created by you or a third party in contravention of Synbias Pharma AG policy.
Please keep in mind that all information you choose to divulge in public while using Synbias Pharma AG’ products or services (e.g. while using in-game chat) can be collected by other users. For our own liability, we maintain the right to review this content. In addition, we shall strive to clarify and prevent fraudulent measures via independent reviews.
7 Data Modification or Deletion
As a registered user you can review, update, correct or delete your personal data in your profile settings or by contacting us. You also have the option to delete your player account with us. Please keep in mind that once an account had been deleted, it cannot be reactivated. If you would like to permanently delete your account, please notify us at: firstname.lastname@example.org.
8 Interaction with other players
You may encounter and converse with people who are rude or offensive while playing Starborne and you can report such behavior to Synbias Pharma AG. The company will investigate and take such measures as in its sole judgment, determined are reasonable under the circumstances. Synbias Pharma AG does not guarantee that you will not encounter conduct of other players that you may view as rude or offensive. All risk in this regard will be borne by you while playing Starborne, and Synbias Pharma AG shoulders no responsibility for the conduct of any other players and shall not be liable to you or any other person for their conduct.