Terms of use for the browser based game www.innebula.com, www.innebula.nl, www.innebula.de, www.innebula.es, www.innebula.eu, www.innebula.net, www.battleinspace.com, www.battleinspace.nl, www.battle-in-space.com, www.batleofspace.com, www.battleofspace.nl.
Scope: The Terms of Use are valid only for the above-mentioned Internet site.
Disclaimer: This website is part of the World Wide Web and as such may contain links to other Internet sites. Catching Games provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that Catching Games approves of, endorses, or recommends that website. Catching Games disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other websites. You will recognize links to external websites, as they are opened in a new browser window.
Privacy: Personal data will be collected with your knowledge and agreement only. You have the right to receive information about your saved personal data, which will be given to you on request, free of charge. We will not forward your personal information to any third party, unless explicitly accepted by yourself, or regulated by law.
No liabilities: The content of this website has been thoroughly examined and assembled to the best of the author's knowledge. Nevertheless, Catching Games disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content of this website. Catching Games disclaims any responsibility for damages caused to your computer or any other equipment by using this website.
Provider: Catching Games
Registration-No.: KVK 27303317 Den Haag
Address: Saturnusstraat 89 2516 AH Den Haag
E-Mail: contact@catchinggames.com
Tax Number: NL179375787B02
Executive director: Anke Kuipers
Catching Games provides the online browser based game Innebula on www.Innebula.com. All services on www.Innebula.com and related (sub) domains are subject to these terms and conditions.
(1) The general terms and conditions are content of the usage relationship between Catching Games and the users of the online services. By using these services the user agrees to these general terms and conditions. The inclusion of general terms and conditions arranged by the user is expressly not accepted.
(2) The terms of usage will be published on the website www.Innebula.com only. These terms of usage can be saved to the random access memory, to a permanent data medium or be printed. At the written request by the user the terms of usage can be sent by post.
(3) Together with the terms of usage, the rule of the games and the game manual for the respective services on the website www.Innebula.com that are listed, are valid as well.
(4) The services are only aimed at the user. Commercial use of this game is prohibited. This game may be played by anyone who at the time of registration was 18 years or older. Minors are only allowed to play this game with the written permission of their parents or legal guardian. This written permission is to be submitted prior to registration to the game.
(5) Upon registration, the user confirms he is a major - in case of minors, written permission by the parents or legal guardian is required.
(6) The contractual relationship starts with the registration of the user to the service provided by the operator through creation of an account. It ends with the termination of the contract by the user, be it through deletion of the account in question or through blocking or deletion of the account by the operator as well as through abrogation by the operator.
(7) By filling out the registration form the user submits a request to enter a contractual agreement. In order for this request to take effect, all fields on the form are to be filled out correctly.
(8) The contractual agreement between the provider and the user concerning services as well as additional services (Galactons) starts with the acceptance of a request to a service-account or acceptance of the request to use additional, paid for services provided by the operator. The access to the service account is to be confirmed immediately by e-mail by the provider. The access confirmation is not to be equated with acceptance of the request to usage of the said services. The access confirmation can however be used with the declaration of acceptance.
(9) The user has the right to revoke the contract. The manner and scope in which this revocation can take place are further explained in § 4.
§ 2 Scope of services
(1) The operator enables participation to his services to the user by making these available on the Internet.
(2) The user has no right to the participation of the service offered by the operator. The provider has the right to reject registration made by the user to one or more services, or to limit it.
(3) The operator does not guarantee that the services offered meet the requirements of the user. The provider does not warrant that the service is suited to whatever goal the user may aspire to reach using this service.
(4) The user is to be informed that a constant, uninterrupted and complete availability of the service is not possible. The operator however does guarantee an availability of an average 92% (ninety two) or higher. Technical or other errors concerning the servers that are beyond the reach of the provider are exempt from this. Standard game updates or maintenance activities during the course of which the service cannot be accessed are exempt from this as well. The user can restrict access to the services if safety and security reasons require this.
(5) The services are subject to perpetual development, adaptation and change. The provider is free to change the content and optics as well as to change or modify technical and other parameters at all times. The user cannot demand the preservation of technical or other features. The user is only allowed to access the service in its then current form.
The user has no demand to claim the preservation of the service, as it was when the contractual agreement was entered.
The provider has the right to end the operation of his service at any time without giving reasons. After the provider has taken this decision the user can demand that investments he has made in the game prior to this decision (e.g. Galactons) be restituted. Said restitution is only applicable if the additional services have been paid for in the last four weeks prior to cancellation of the service. The user does not have the right to any further demands.
(6) Tips and pieces of advice about the game that the provider wishes to communicate to the user, as well as any other related activity of the provider are for information only and are not binding. The user does not have the right to compensation for any disadvantages that may be caused by the giving of these pieces of information.
(7) Unless mentioned differently elsewhere, the services offered are free of charge. This does not apply to the regulations of § 3, "Galactons".
§ 3 Galactons, additional services, payment conditions
(1) The provider offers the possibility of Galacton purchase for certain services. The Galacton price shows up on the respective site of the service.
(2) By using these Galactons, the user has the possibility to use obtain certain additional services that a standard account would not normally offer. The scope of these additional services as well as exact number of Galactons required are stated on the site of the service in question and may vary. The Galactons may only be used for the service they were initially purchased for by the user and are non-transferable. Upon purchase, the Galactons are valid for 12 months.
(3) In addition to these terms of usage, the descriptions of the extra services are to be seen as additional terms of usage. The operator has the right to modify the manner, scope and content of the additional services.
In the vein of the development and modification of the game, the operator has the right to change certain services, to suspend them or to integrate them for free in the already existing services.
(4) There is no obligation to the purchase of Galactons. The additional services may be offered only once or may be restricted to a certain time frame. Temporary services expire after the timeframe they have been booked for has elapsed and can be re-booked if they are still on offer.
(5) A refund for Galactons that have been purchased and already used for services is not given. This does not apply should the request for additional services be repealed according to § 4, nor when the provider has changed or ceased the operation of these services, or has changed to offering them free of charge.
If the user has already purchased Galactons and cannot use these because the provider has modified the services offered (e.g. ceased operation, services being offered free of charge, or due to constant in availability of the services), the provider will offer other services, or refund the Galactons or the money paid for them. The user still has the right to annul the contract dealing with the additional services with immediate effect. The user has no right to other claims.
(6) The operator has the right to receive payment in advance in the form of Galactons for the additional services offered. The Galactons are to be paid for once the contract has been concluded. The operator offers different methods of payment. The user cannot claim the operator is obliged to use certain payment methods or that he is obliged to continue their operation. Payment for the services will be collected by a payment method the user has chosen. It is brought to the user's attention that the payment provider, regardless of the payment method selected, only transfers a part of the money collected to the operator. If the user demands a refund, he only has the right to the money the operator has received. The operator does not refund the fee the payment service has deducted.
(7) If there is a delay in payment, the operator has the right to end the extra services offered as well as to block the account in question. This does not affect the duty of the user to pay the remaining money.
(8) If the operator suffers financial damage at the hands of the user, the user is to compensate the operator. In this case, the operator has the right to collect these payments in addition to the previously agreed-upon payment.
(9) The user can respond to claims from the operator only with justifiable counter-claims. Forfeit of the claims to a third party is not permitted.
§ 4 Right of withdrawal & consequences thereof
(1) The user can repeal his declaration to the conclusion of a service contract and to the usage of additional services (by purchasing and using Galactons) within a two-week time frame without giving reasons. He must repeal the contract in written form (letter, fax e-mail). The deadline of two weeks begins at the earliest upon receiving this instruction. In order to preserve the deadline of withdrawal, the repeal must be submitted in time.
(2) The right to withdrawal expires (if it concerns services offered by the operator) if the operator has already begun to execute the proposed services and the user has already used these or the additional services.
Catching Games
Saturnusstraat 89, 2516AH Den Haag
E-Mail: contact@catchinggames.com
Tel: +31 (0) 707536555 (no support)
(3) When repealing by e-mail, the name of the user and the service account or additional services should be mentioned in the subject line.
(4) In the case of a successful appeal the services received from both sides are to be restituted. This means that already paid-for fees may not be restituted entirely if the user has used the extra services in question, which he repealed.
§ 5 Claims for defects
(1) The operator offers access to the service and premium services to the user as they are at that moment. The user has no claim to preservation or arrangement of a previous state of the service or premium service.
(2) The user should be aware that the software that the operator enables him to use couldn’t be impeccable. The service is only to be deemed deficient if the playability of the game is strongly hindered.
(3) The user is to report defects of the services offered or of other services offered by the operator that may arise if he is aware of these.
(4) Prior to reporting a bug, the user is requested to consult the game manual or other manuals or help tools offered by the provider (like faqs, discussion forums). The user should support the operator in the bug-fixing process.
(5) The user is to report deficiencies to the reporter at once. In the case of obvious deficiencies in virtual goods or other wares, deficiencies and errors are to be reported within the first two weeks after reception of the goods in question. After this deadline has passed, the right to the claim of defects expires.
(6) For the sake of the security of the user, the user is requested to correspond with the operator in written form (fax, letter or e-mail).
(7) Errors outside of the control of the operator or caused by the user, or by any other form of manipulation, are not subject to the claims for defects.
(8) The operator does not issue any legally binding guarantees, unless mentioned explicitly elsewhere.
§ 6 Accountability
(1) The operator is never held accountable for any kind of damage, unless this damage is caused by gross negligence or inflicted deliberately.
(2) The aforementioned exclusions of accountability are not valid where life threatening, or bodily damage, or health is concerned. They are also not valid if this damage was caused by a violation of the contract in the first place.
(3) The indemnify ability is restricted to the actual caused or foreseeable damage, should contractual duties have been violated.
(4) The foreseeable damage is restricted to 20 EUR per account.
(5) The aforementioned exclusions and restrictions of accountability are valid, too, with regard to the accountability of employees, co-workers and other personnel of the operator, especially if it is in favor of the share holders, co-workers, representatives, and other bodies and their employees with regard to their personal accountability.
(6) The operator distances himself from the content of the pages that are either directly or indirectly linked to the service offered by the provider. The operator cannot be held accountable for this content. The operator of the sites in question are the providers of the site and therefore are responsible for their content. There will be no explicit control of the content of the sites by the operator. It is not known to the operator that any of those pages violate against any relevant law. If this should, however, be the case, and is reported to the provider, the link to the site in question will be removed by the operator.
(7) The user is accountable for all the damages he has to represent.
§ 7 Duties of the user
(1) The user obligates himself to keep the access data to the service or services undisclosed. He may not pass this information onto a third party.
(2) The user obligates himself to only using one account per service. The simultaneous usage of multiple accounts with one service (so-called mutli-using) is not permitted.
(3) Usage of external scripts or programs to automate the participation of the game (e.g. via so-called bots) is not permitted.
(4) The user obligates himself not to use bugs or other programming errors to his advantage. Any advantages that may have occurred from this are to be reversed by the operator. The user has to keep actual or supposed bugs a secret and to report them to the operator without delay.
(5) The user obligates himself not to post or distribute any pictures, links, names, words that are in any way commercial, political, insulting, sexist, pornographic or otherwise morally questionable or objectionable. The user also obligates himself not to use any copyrighted terms, names or images. In case of doubt, the user has to remove these contents as soon as possible if issued to do so by the operator. The operator has the right to remove the offending content manually, too.
(6) The user has to obey any decree or ordinance from the part of the provider and his employees. This rule is also valid for decrees issued by administrators or moderators of the official forum that is linked to the game in question.
(7) A deliberate violation of these duties gives the operator the right to exclude the user of the service in question and to block or delete his account. A refund of Galactons or other services purchased at one or multiple accounts will not be issued.
§ 8 Abrogation
(1) The user has the right to terminate his participation to one or more services without giving reasons or having to adhere to a deadline.
(2) The operator has to right to terminate certain, multiple or all services at all times without having to adhere to deadlines, if the services are to be terminated.
(3) If usage of certain additional services is agreed upon in the contract, the contract will be binding for this particular period of time.
(4) The previous regulations do not alter the fact that the right to abrogation by the user because of important reasons is held upright and is still valid.
(5) Should the operator abrogate the contract, Galactons and other payments that have not yet been used in the service are to be restituted by the operator. The user does not have the right to any additional claims, unless stated otherwise in the terms of agreement.
(6) The operator has the right to terminate the account because of important reasons (though not exclusively because of those), if
- The user is lagging in payment of extra services, and the amount of money that is due exceeds 5 euros, and has been given notice at least twice
- The user deliberately violates the rules of the service and does not end this behavior when admonished to do so. An admonishment is not necessary if it is deemed unreasonable to hold on to the contract for the provider, for instance in the case of unusually heavy delicts (multiple accounts per player, criminal offence...)
- The user has not used his account in spite of admonishments for at least four weeks.
(7) If the service platform does not provide the possibility to abrogation, this abrogation has to happen in written form stating the reasons for abrogation.
(8) Because of technical reasons the definite deletion of the user data and account is effective only after a delay of a couple of days.
(9) In case of a justifiable abrogation by the operator because of important reasons, the user has no right to a refund for the services that are affected by the abrogation.
§ 9 written form
Additional agreements to these terms of usage as well as modifications, supplements and abolishment’s are to be submitted in written form in order to be valid. This is also valid for the change of the claim to the conservation and usage of the written form.
§ 10 Severability clause
(1) If one or several of the agreements here are objectionable or invalid, the rest of the agreements are unaffected by this. The parties involved pledge to substitute the invalid agreements by substituting them with agreements that are in accordance with the rest of the agreement.
(2) Dutch law applies to these terms of usage. The application of the Uniform Law on the International Sale of Goods (CISG) do not apply.
(3) As legal venue, the company domicile is agreed upon. If the user changes domicile to a country outside of the Kingdom of the Netherlands, the company domicile remains the legal venue. This also applies if the exact domicile of the user was unknown at the time of the accusal.
(4) The operator has the right to modify or supplement these terms of usage when this is deemed necessary (for instance adaptation to the legal situation, extension of the service spectrum of the operator, etc.), and if the user does not suffer any disadvantage from this. The user is to be notified of any changes in the terms of usage. This notification takes place on the website of the operator, or through the opening of a separate window while logging into the service platform, or by e-mail to the e-mail address the user has submitted. The user will additionally be informed of the change by a specially marked message when logging into the service the next time.
(5) The user has one month to contradict the changes in the terms of usage. It is recommended that the user do this in written form (e-mail) for the sake of conservation of evidence.
(6) If the user fails to object to the changed terms of usage within the deadline of one month and continues to use the service, the new rules will apply to him by default. If he honours the deadline, both parties have the right to end the agreement with a cancellation period of one month, unless the user has the right to immediate abrogation.
(7) Services the user has paid for and whose duration would outlive that of the agreement are to be restituted. The user has no right to other claims.
(8) The operator will specifically point out the possibility to abrogation, contradiction of the terms of agreement and the legal consequences, especially with regard to a missing objection to the agreement to the user.
(9) The user is recommended to inform himself of the status of the terms of usage and the descriptions of the scope and usage of the service in question with regularity.
Information valid as of: 10.01.2010 updated 26.10.2011
Catching Games
RegisterNr.: KVK 27303317 Den Haag
Address: Saturnusstraat 89 2516AH Den Haag
E-Mail: contact@catchinggames.com
Tel: +31 (0) 707536555 (no support)
Tax number: NL179375787B02
General partner: Catching Games
Address: Saturnusstraat 89 2516AH Den Haag
RegisterNr.: KVK 27303317 Den Haag
CEO: Anke Kuipers