Terms of Use

Updated on: March 10, 2011



If you do not agree with any of the below Terms Of Use, do not use this site. Gamestorm Ltd. /Cyprus/ and Avatar Creations Ltd /Hungary/ ("GS/AC") reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time. By using this site after notice of such changes is posted, you agree to be bound by the modifications, alterations or updates.

GS/AV owns or controls, and provides access to the Perpetuum website, at the url www.perpetuum-online.com and related properties (the "Website"), the Perpetuum client software, and all proprietary services, software, data and materials accessed via the Website (the “Services”). The Website and the Services are referred to together in these Terms of Use as the “Properties”.


By accessing or using the Properties, registering for or receiving Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website, you agree to be bound by these Terms of Use.

1. Changes to the Properties and the Terms of Use

We reserve the right to add, delete, change or modify parts of these Terms of Use at our sole discretion and at any time without notice to you. If we do this, we will post the changes to the Terms of Use on this page and will indicate the effective date of the Terms of Use at the top of the page. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms of Use. Your continued use of the Website constitutes your acceptance of the new Terms of Use.

2. Description of Website and the Services

Access to the Website currently provides users with access to the Services and a rich collection of online resources, including online forums, interactive advertising messages, proprietary software (including updates, patches and new versions), audio, videos and other community and entertainment products. Unless explicitly stated otherwise, any new features which may be added to the Website or the Services, including without limitation, the release of new Perpetuum services and software, are subject to these Terms of Use.

In some instances, these Terms of Use and a separate end user license or similar agreement may apply to a service or product offered by GS/AC via the Properties. We may add, change, remove, suspend or discontinue any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Properties without notice or liability to you or any third party.

In order to use the Website, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

You acknowledge that the Services include certain elements which allow GS/AC proprietary software to be downloaded to your computer.

3. Intellectual Property Ownership; License

The past, present and future content of the Properties, including, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to the Properties, including without limitation, the "look and feel" of the Website (collectively, "Content") are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of GS/AC. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by GS/AC, no rights in or to the Content are granted to you.

The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Properties contained in any part of the Website. Exploiting any part of the Properties for a purpose that is not permitted by these Terms of Use is expressly prohibited without prior written permission from GS/AC.

Subject to your strict compliance with these Terms of Use, GS/AC grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

  1. download and use the Perpetuum client-based software in accordance with its pre-defined functionality only;
  2. participate in the Perpetuum community areas;
  3. communicate with other members of the Perpetuum community;

Provided that you:

  1. retain and do not alter or tamper with any trademark, copyright and other proprietary or legal notices contained in the original Content or any permitted copy you may make of the Content;
  2. do not, and do not allow or aid or abet any third party (whether or not for your benefit) to, copy or adapt the object code of the Website or Services (including, without limitation, software, HTML, JavaScript, or other code); to reverse engineer, decompile, reverse assemble, modify or attempt to discover any source or object code, circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information;
  3. do not insert any code, product or material to manipulate the Content in any way that affects any user's experience;
  4. do not copy or seek to copy or “rip” any content from the Website or any part of the Service;
  5. do not adapt, copy, republish, communicate to the public, display, transfer, share, distribute or otherwise exploit the Content, except as under these Terms of Use.

4. Links to Other Websites

The Website may contain hyperlinks to other websites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Website and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of use and privacy policy and those Other Sites may have different practices and requirements than the Website. GS/AC may not have knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Other Site which you use at your own risk. GS/AC does not warrant or make any representation regarding the legality, accuracy, quality or authenticity of content, information, services or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by GS/AC of any Other Site(s) or resources, or their content, information, services or products. The Website is only providing these links to you as a convenience. The terms of use and privacy policy of any Other Sites shall apply to your access and use of them. GS/AC accepts no responsibility for the content or conduct of Other Sites.

5. Acceptable Use

You will not use the Properties to:

1. Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:

  • any material that is false, unlawful, threatening, tortuous, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in GS/AC's sole discretion;
  • information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
  • material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Properties, interferes with, overburdens, impairs or disrupts the Properties or servers or networks connected to the Properties, or disobeys any requirements, procedures, policies or regulations of networks connected to the Properties;
  • information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Website, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the Website; or
  • any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation.

2. Encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.

3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. Stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;

5. Use or attempt to use another's information, account, password, service or system except as expressly permitted;

6. Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website; and

7. Undertake any commercial purpose or activity without the prior written consent of GS/AC, including inserting your own or a third party’s advertising, branding or promotional content into any of the Website’s or Properties’ content, materials or services.

You represent, warrant and agree that you will comply with the above acceptable use requirements. GS/AC reserves the right, in its sole discretion, to terminate any user’s account or take such other action as GS/AC sees fit in relation to any user who breaches GS/AC’s acceptable use policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, GS/AC reserves the right to take court action and/or report users to the relevant authorities. GS/AC believes in building a caring community based around Perpetuum game and will not tolerate antisocial or unlawful behavior on the Website or in connection with any of the other Properties.

6. User Accounts, Additional Terms, End User License Agreements & Subscriptions

Registration may be required for the use of certain Services and portions of the Website (e.g., newsletters, competitions, forums, content downloads, etc.). In some instances, these Terms of Use and separate end user license agreements or terms of use that set forth additional conditions may apply to Services or products offered via the Website. To the extent there is a conflict between these Terms of Use and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will prevail, unless the additional conditions expressly state that these Terms of Use will prevail. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms of Use will prevail.

If you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.

You may be able to purchase a subscription for certain additional features of the Website and Services. You may only order subscriptions if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to GS/AC. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Accounts can only be used by the creator of the account, unless the user required a legal guardian to create it. Account sharing can result in the termination of said account.

7. Software

Any software that we make available for download or use from the Website and/or our servers (the "Software") is the intellectual property of GS/AC. Any such “Software” shall be considered a “Service” or one of the “Properties” as such terms are defined and used herein. Your use of the Software may be governed by the terms of an end user license agreement that may accompany or that may be included with the Software (the "License Agreement"). Please carefully read any License Agreement to determine the full extent of the terms and conditions governing the use of such Software.


8. Information You Submit

From time to time, the Properties may contain functionality through which you can upload or submit information, data, software, messages, photographs, audio, video, text and other materials to, through or on the Website ("Your Upload Information"). For example, the Website may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas ("User Forums"). GS/AC do not endorse the content posted in User Forums. GS/AC reserves the right, but is not obligated, to delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. GS/AC reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if we believe your Upload Information infringes another's rights or otherwise violates any law, rule or regulation.

All of Your Upload Information is your sole responsibility. This means that you, and not GS/AC, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Website. GS/AC actively discourages you from uploading information or content (including photographs) about your friends or other people without their express prior consent. If you post personal information in User Forums or on other publicly available areas of the Website, then you may receive unsolicited messages from third parties. GS/AC cannot ensure the security of any information you post in User Forums or on publicly available areas of the Website. Under no circumstances will GS/AC be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.

9. Disclaimer of Warranties


10. Indemnity

You agree to indemnify, hold harmless, and keep GS/AC, its parents, subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Terms of Use, including, without limitation: (a) your use of the Properties; (b) your violation of these Terms of Use or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of Your Upload Information or any other content or materials on or through the Properties. You will cooperate as fully and reasonably as required by GS/AC in the defense of any claim. Notwithstanding the foregoing, GS/AC retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against GS/AC herein under the terms and provisions of this Section 10 and in no event shall you settle any such claim without GS/AC's prior written approval.

11. Governing Law

These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of Hungary.