Terms of Use

Last updated on [May 19, 2018]

This Agreement sets forth the terms and conditions regulating your relationship with us (Gathering Ragnarok Online) when you use the GatheringRO game server, website, and forums (the “Services”). This Agreement does not apply to any third parties, such as Discord, Paypal, Facebook and Twitter, even when you use them to make payments to us or to interact with the GatheringRO staff or the community.

Carefully read this Agreement, our Privacy Policy, our Ingame Rules and our Forum Rules, as they will regulate your use of the Services, our use of your data, and the rules you have to follow in order to continue using the Services.

1. YOUR ACCOUNT

1.1. In order to create an account to use the Services, you must be a single individual 16 years of age or older, as well as an adult in your jurisdiction, or have your parents / legal guardians accept this Agreement on your behalf, depending on your jurisdiction.

1.1.1. If we have any reason to believe you are under 16 and/or under the legal age required to consent to this Agreement in your jurisdiction, we may, at our sole discretion, suspend your account and require proof of age.

1.2. If you are eligible to use the Services, you must create an account at www.gatheringro.ch in order to play the GatheringRO game server.

1.3. A single individual may have multiple accounts, but is only allowed to run 1 game client at a time. Multiple individuals may not share accounts.

1.3.1. Do not share the password to any of your accounts with others. You are entirely responsible for maintaining the security of your account, and for any actions taken by a third party if a third party obtains your account information (such as if you share it, or through the use of malicious software on your computer). If a third party with which you have shared your account(s) violates the terms of this Agreement, your account(s) may be subject to the applicable penalties described below.

2. OUR OFFERING OF THE SERVICES

2.1. When you create an account, you will be able to use the full functionalities of the Services. You understand and agree that the services are provided in an “as-is” basis, and no warranties (express or implied) or intellectual property licenses are provided by us, including compatibility with certain hardware and/or third party software, functionality, reliability, quality, or suitability for a particular purpose.

2.2. We may, at our sole discretion, update and/or change the functionalities of the Services, in whole or in part. You agree that you do not have any expectations that the Services or any part of the Services will function or continue to function in a particular way, or be compatible with a particular set of hardware or third party software.

2.3. To the maximum extent permitted in your jurisdiction, we shall not be liable towards you for any damages of any kind (including indirect, incidental, loss of business or of profits)  resulting from your use of the Services. Under no circumstances shall our liability towards you exceed any amounts you have paid to us in connection with the Services.

2.4. We may, at our sole discretion, stop offering the Services for a particular region or worldwide. If we decide to stop offering the Services for your region, for any reason, you will have no recourse, and you will not be entitled to any compensation or refunds.

3. YOUR CONDUCT WHEN USING THE SERVICES

3.1. Your use of the Services is conditioned to maintaining an account in good standing. This means that you must comply with all laws, rules a regulations of your jurisdiction, as well as with our Ingame Rules for a game account and the Forum Rules for a forum account respectively.

3.2. You hereby declare that you have read and understood the Ingame Rules and the Forum Rules, and you will follow them during the entirety of your use of the Services.

3.3. In addition to the Ingame Rules, you agree to follow any instructions given to you by the GatheringRO Staff (identified by the tag in game) regarding your conduct in game. Please note that the GatheringRO Staff will never ask you for your account information. If you are asked for your account information by anyone who claims to be a member of the GatheringRO Staff, do not provide any information, and please make a report on our Forums.

3.4. You acknowledge and agree that Clauses 3.1 to 3.4 of this agreement also apply to your behavior outside the Services, as long as it is in direct connection to the Services (such as Discord servers for parties or guilds). If you use any third-party services to break or attempt to break this Agreement, the Ingame Rules or the Forum Rules, it will be equated to a violation of this Agreement as if you were using the Services.

3.5. While using the Services, you may input certain information that will be displayed to the public, such as messages and names. You agree that the information you send through the Services does not contain any personal information, and does not violate the rights of any third parties.

3.6. You agree to indemnify and hold us harmless against any and all claims, complaints or damages resulting from your misuse of the Services or from the information you send through the Services, including lost profits, loss of goodwill and legal fees.

4. ELECTRONIC ITEMS AND CASH POINTS

4.1. During your use of the Services, you may opt to purchase Cash Points to spend on electronic items in our in-game store, which do not have real world value.

4.1.1. We may, at our sole discretion, block certain territories, countries or regions from purchasing Cash Points. This does not affect any other aspect of the Service. Currently, the list of blocked countries includes: Belgium. We may expand this list at any time by updating this Agreement.

4.2. Purchase of Cash Points is purely optional, and whether your purchase cash points will not affect the standing of your account or your access to the Services.

4.3. When you purchase Cash Points with us, you acknowledge that you do not own any of the in-game items you obtain by spending the Cash Points, which are electronic items provided to you solely while you maintain an account with us and the Services remain available. You have no ownership or property interest in the Cash Points or any electronic items tied to your account.

4.3.1. This means that, if your account is suspended or terminated, or if we stop offering the Services in your region, you will lose access to any unspent Cash Points and any items you have purchased by spending Cash Points. You will not be refunded for these Cash Points.

4.4. Purchases of Cash Points are final and non-refundable. You are not entitled to “chargeback” any of your Cash Points purchases under any circumstances, and initiating such a process will result in account termination. If you make any Cash Points purchases and the Cash Points are not delivered to your account, please contact the GatheringRO Staff.

4.5. We are not responsible for your use of the Cash Points or the electronic items, and you acknowledge and agree that we will not be liable for any misuse of the Cash Points or the electronic items that results in their loss, deletion, transfer to another account or any other kind of damage or loss.

4.6. The purchase of Cash Points is done through a third party payment provider. We do not process your payment information, and we do not have access to any of your payment information. We are not responsible for your relation with the third party payment provider, which is subject to its own terms of service.

4.7. We reserve the right to, at any time, remove any electronic items from your account if, in our sole discretion, we judge that those items have been obtained in violation of this Agreement or our Ingame Rules.

5. ACCOUNT SUSPENSION AND TERMINATION

5.1. You may terminate your account through the Control Panel. When you send an account termination request, for security reasons your account will be blocked for 14 days, and, after this period, you may request permanent deletion through the Control Panel. This is to prevent third parties from deleting your account, if they obtain your username and password.

5.2. We may terminate or temporarily suspend your account if we determine, in our sole discretion, that you have violated the terms of this Agreement or our Ingame Rules, if we stop offering the Services in your region, or if we are legally required to do so. By creating your account, you declare that you have read and understood the Ingame Rules.

5.2.1. When we terminate or temporarily suspend an account, we may, in our sole discretion, include all accounts used by the same individual. If you, in violation of this Agreement, have shared your account with an individual who has their account terminated or suspended, your account may also be affected, and you will have no recourse to this, as you violated this Agreement by sharing your account.

5.3. If your account is terminated, you will no longer have access to the Services, including any of the items or Cash Points associated to your account. You will not be entitled to any refunds or to recover any items in your account, including any items lent by friends.

5.4. If your account is temporarily suspended, you will lose access to the Services for a specified period of time, including any of the items or Cash Points associated to your account. After the suspension period is over, you may access your account normally.

5.5. If you violated this Agreement or the Ingame Rules but we, in our sole discretion, have judged that your violation does not warrant account termination or suspension, we may apply alternate methods of punishments, such as restrictions in certain functionalities of the Services (for example, the ability to send messages). This will be decided on a case-by-case basis by the applicable member of the GatheringRO Staff.

6. PRIVACY AND COOKIES

6.1. During your use of the Services, we will process certain personal information connected to you, as per our Privacy Policy.

6.2. We use cookies, which are small pieces of data placed on your device for record keeping, to authenticate your login to the GatheringRO website. If you do not wish to receive cookies, you may disable this through your browser’s privacy settings.

7. GENERAL TERMS

7.1. This agreement shall be subject to and interpreted under the laws of Switzerland, except if your jurisdiction does not permit this.

7.2. Except if your jurisdiction does not permit this, the parties hereby agree to submit any claims regarding this Agreement or the relationship between the parties to the courts of Switzerland, to the exclusion of any others, no matter how privileged they may be.

7.3. GatheringRO may assign this agreement to a third party at any time. You may not assign this agreement without GatheringRO’s prior written consent.

7.4. This Agreement, together with the Privacy Policy, represent the entire agreement between you and GatheringRO, and supersede any prior agreements between you and GatheringRO.

7.5. Failure to enforce any of the terms of this Agreement shall be considered a mere liberality, and cannot be interpreted as a waiver or novation. The parties may enforce any of the terms of this Agreement at any time.

7.6. This Agreement lasts from the date you accept it for as long as you use the Services. Sections 2.3 and 3.6 shall survive the termination of this Agreement.

YOUR CONSENT TO THIS AGREEMENT

Please read this Agreement carefully to understand it well before using the Services. By creating an account with us and clicking the “ACCEPT” button, you agree to the terms of this Agreement. If you do not agree, you may not create an account with us. We may update this Agreement at any time. When we do, we will alter the updated date at the top of this page and send a communication by e-mail. We recommend that users frequently check this page for any changes and to stay informed about their rights and responsibilities when using the Services.