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OTHERLAND LEGAL TERMS

1. Use of this website and conditions

Before using this website, please read through the following
conditions carefully. They contain legally binding conditions
concerning access to this website, its usage, and the
services offered on it. Please also read the Privacy
policy available here.

If you do not agree with these conditions of use or the Privacy policy, please exit the website immediately.

By accessing this website or its content (meaning all of the content of the website) or when otherwise using the website, for example clicking on the consent checkbox when registering with the dtp entertainment AG club, you declare your irrevocable agreement to these conditions of use as a registered user or as an unregistered visitor.

The materials and all other content on this website are provided solely for entertainment and information purposes and to advertise computer and video games or other products available in Germany. This website is operated by dtp entertainment AG, Goldbekplatz 3-5, 22303 Hamburg, Germany.

2. Changes to the website and to the conditions of use, termination of service

dtp entertainment AG or third-party providers may at any time (including without notice) improve or modify products, customer service, services, programs or the content of the website. In particular dtp entertainment AG reserves the right to modify these conditions of use at any time and without prior notice.

Modifications to the conditions of use will be notified by means of appropriate display on this website or via other methods of communication. Users who access this website following changes to the conditions of use after these conditions have been placed on this website or published by some other means are bound by the conditions of use. Users themselves are responsible for checking whether a newer version of the conditions of use exists. By continuing to use the website and the services offered on it following an update of the conditions of use, users declare themselves to be in agreement with the modifications.

dtp entertainment AG reserves the right to deny access to this website at any time and without notification and to delete online content available on the website (including user content), and to shut down the website including all of the services offered at any time and without notification.

3. Usage of this website

a) Registration

To be able to use certain features of this website, such as downloading trailers, receiving newsletters or exclusive download content, it may be necessary to register with the website.

Unless otherwise stated, during registration we assume that the user is legally entitled to conclude the agreement containing these conditions of use. The registration form used for this purpose must be completed in full with the current and correct personal details. The correct age is especially important. No nicknames, fake names and/or obviously incorrect information will be accepted. If personal details change, users must immediately update their registration data or notify dtp entertainment AG in writing of their new details. dtp entertainment AG reserves the right to ban the relevant user and to delete the content used by him or addressed to him if it takes the view that the personal details are incorrect, out of date or incomplete, or if dtp entertainment AG believes that such measures are appropriate for other reasons at its discretion. Every user is personally responsible for keeping their login name and password secret. Every user is responsible for all activities that take place under their login name.

If an unauthorised person uses the login name of a user or if some other breach of data protection laws occurs, dtp entertainment AG must be notified immediately of this fact. To do so, please send an e-mail to info@dtp-entertainment.com.

b) Permissible and forbidden usage

dtp entertainment AG grants the user limited permission to access this website and its contents and to use the website for personal and non-commercial purposes as an information and communication platform and for entertainment purposes. This includes the access, display and usage of materials of content displayed on the website solely for non-commercial, private usage for entertainment and information purposes on a single computer. In particular, website content must not be duplicated, reproduced, republished, downloaded, transferred or disseminated without the prior written consent of dtp entertainment AG, unless this is mandatory to allow this website to be displayed and used or is required for navigation on the website.

Unauthorised access by the user to any part of this website is prohibited as is access to other user accounts or to computer systems or networks linked to this website that take place by means of "hacking", "password mining", "cracking" or any other form. The recording of personal information about others via this website is also prohibited.

dtp entertainment AG does not transfer any rights to website content of any kind used by the user. Website content, including its selection and placement, is the property of dtp entertainment AG, of companies associated with dtp entertainment AG or its content and technology providers and is protected by copyright and other rights.

c) Prohibited and restricted user content

Users may only publish, upload or transfer such content and statements for which the user has the necessary rights (especially copyright and ancillary copyrights).

The user of the website is forbidden by dtp entertainment AG from publishing, transferring or uploading content and/or statements that are in breach of the laws of the Federal Republic of Germany, especially any content or statements of an insulting nature, which glorify violence, which are obscene, discriminatory or pornographic. This includes content accessed via links set by the user and in particular content for which the user could make themselves liable to prosecution.

The communication services offered by dtp entertainment AG such as forums, chat rooms and notice boards are free-of-charge services for registered users. Articles, statements, the uploading of content, communication with other users, especially in forums, on notice boards, in chat rooms, guestbooks and by e-mail messages published on the dtp entertainment AG Website are subject to the following restrictions and codes of conduct.

e) Prohibited postings and messages

dtp entertainment AG forbids the transfer, distribution, dissemination, posting, presentation and storage of user content which, at the sole discretion of dtp entertainment AG, is considered unacceptable or in bad taste. This includes in particular messages with sexist, pornographic, profane, defamatory, deceitful, offensive or insulting content and material that is disparaging concerning race, ethnicity or religion, condescending invective, glorification of violence, hate and illegal behaviour, images of child abuse, child pornography, sexually suggestive images, commercials, surveys or competitions or other statements or material whose content breaches civil or criminal law. Users are also forbidden from disrupting the flow of communication in chat rooms or in software with chat features through the use of vulgar or coarse language, by repeatedly pressing the Enter key or by importing large images such that the communication content can no longer be read. This includes flooding the chat with recurring texts.

dtp entertainment AG also forbids the uploading or use of website content or the transfer of user content that could have the following content: Sale or marketing of firearms, weapons or narcotics; promises of winning; pyramid chain letters and snowball systems, dishonest or otherwise criminal offers, entry of e-mail addresses other than the user's own, disruption of auctions or markets, threatening or molesting other people, disruption of discussions or creation of a false identity to deceive others, conveyance of sexual offers (especially those aimed at minors), the utterance of racist declarations or comments, imitation of a person or the untrue representation of a connection to a person or to a legal subject. The uploading of programs with viruses, worms and/or Trojan horses or other computer codes that disrupt, destroy, damage or interfere with this website, computer software or hardware or a telecommunications system, which slow down the operation of same, reduce their efficiency or which can impede their functionality in any way is forbidden. It is also forbidden to take actions which interrupt the normal dialog, which allow the contents of a window to run faster than other users can type, or which otherwise affect the ability to participate in real-time activities via this website or which are equivalent to "data warehousing" (i.e. to use the web storage space provided to the user to store large files that are only linked to other websites).

The copying of other pages or images (including mp3 files) to this website without the prior written consent of dtp entertainment AG is forbidden.

Unless expressly permitted by the relevant forum or service of this type, users are prohibited from advertising goods or services for any business purpose, to offer these for sale or to sell them.

No material may be removed that was inserted by dtp entertainment AG at any place on this website.

Any communication is the sole responsibility of the person that sent or transmitted this communication. dtp entertainment AG shall not undertake to monitor or check the forums, guestbooks or notice boards and dtp entertainment AG is not responsible for the content of contributions posted by users. dtp entertainment AG may at its own discretion remove or modify content at any time and without prior notification. Use of the forums, guestbooks and notice boards is at the user's own risk and is subject to the liability limitations described below.

f) Personal information

dtp entertainment AG prohibits the upload of any user content that reveals personal or private information regarding a natural person or a legal entity. This includes telephone numbers, e-mail addresses or actual addresses, account numbers of users or passwords and financial information. This does not apply to personal information transferred by a user for the purposes of registration and/or to open a membership account, nor to personal information about other natural persons known to a user for the purposes of including them in an online address book of such a user.

g) Intellectual property

dtp entertainment AG prohibits the upload of content, music, software, images (whether static or moving), literary or artistic works or of any other material protected by intellectual copyright (or which could infringe the intellectual copyrights of others), insofar as the user is not the owner or controller of the exclusive rights to this property or has been granted all of the necessary permissions (which the user promises in the event that such content is uploaded). Uploading of material subject to copyright or suspected of being so, the use of which is not approved, is prohibited.

4. Rights to user content granted by dtp entertainment AG

With the upload of user content, i.e. information or other content which is transferred to dtp entertainment AG on its website or which is transferred as part of services offered on the website by dtp entertainment AG or which is entered or uploaded by a user via this website or related means (including photos, videos and other images, sound recordings, graphics, documents or data files, information on natural persons and legal entities, notifications, e-mail and other messages, files, texts, opinions and other information), the user grants dtp entertainment AG an unlimited, cost-free, irrevocable and one-time right and such a licence for the usage, sublicensing, reproduction, modification, adaptation, publication, translation, public performance, showing and marketing of user content (or parts thereof) and to produce secondary works of user content (or parts thereof) and transfer them (or parts thereof) in any form, by any medium or using any technology currently known or which will be developed in the future. The user also warrants that they own the necessary rights to grant such a licence and that they renounce so-called moral rights (the right to prohibit a work from being stopped) to any user content. All of the user content is considered as not confidential and will therefore not be treated as such by dtp entertainment AG. This does not apply to personal information transferred by a user concerning their person. This information will be collected and processed as described in the Privacy policy.

5. Caveat emptor

No guarantee is given concerning the availability of the site, however maximum availability will be aimed for. dtp entertainment AG gives no guarantee whatsoever that the information provided on this website is up to date, correct or complete, nor does it guarantee its quality. Furthermore, dtp entertainment AG does not warrant that the website is free of viruses.

dtp entertainment AG has attempted to check that the website content is accurate, reliable and up to date, however no guarantee is made concerning the accuracy of any declaration contained on this website.

6. Limitation of liability

In accordance with the law, the liability of dtp entertainment AG shall be unlimited in the event of loss of life, physical injury or damage to health arising due to a negligent or deliberate breach of duties on the part of dtp entertainment AG, its legal representatives or vicarious agents. Any additional liability – with the exception of compulsory legal regulations (e.g. product liability law) – is expressly barred.

The use of free-of-charge web or online games, demo versions, patches or other services offered on this website occurs at the user's own risk. dtp entertainment AG shall specifically not be liable for data loss or damage to computer software or hardware, even if it occurs in connection with the appropriate use of the website, web or online games offered there, demo versions, patches or other services offered. dtp entertainment AG shall not be liable for the loss, deletion or removal of user content, nor for a failure to deliver to a recipient user content that was uploaded to this website.

The user is therefore recommended to back up their data regularly according to the level of risk.

By using the website, the user grants dtp entertainment AG, the companies affiliated with dtp entertainment AG, its executives, staff, agents and distributors exemption and indemnification from all losses, costs, disbursements, processes, damages, expenses and liability claims of any kind which could arise through the claims of third parties for breach or failure to comply with prohibitions or restrictions concerning the activities of the user on this website in accordance with these usage conditions, or of a promise, warranty or assurance on the part of the user. The user also indemnifies dtp entertainment AG from every demand relating to a matter, responsibility or duty that was barred by dtp entertainment AG in these conditions.

7. Third-party websites

The inclusion of links to any external websites by a user takes place at the user's own risk.

The dtp entertainment AG website can contain links to third-party websites. These third-party websites are not controlled by dtp entertainment AG and dtp entertainment AG is not responsible for the content of these websites. The inclusion of a link to a third-party website does not mean that dtp entertainment AG approves of the content published thereon or that it is connected in any way with the operators of such websites. dtp entertainment AG hereby expressly declares that at the time the link is set, the linked sites are free from illegal content. dtp entertainment AG has no influence whatsoever over the current and future design, the contents or the authorship of the linked/connected sites. dtp entertainment AG therefore distances itself expressly from all of the content of all linked/connected sites that was changed after the link was set. This statement applies to all of the links set to external websites from their own website.

8. Cancellation

The contractual relationship on which this usage agreement is based can be cancelled by dtp entertainment AG or by the user at any time and without giving reasons. dtp entertainment AG reserves the right, especially in the event that the user breaches these conditions of use, to bar the user in question and to delete the content used by them or addressed to them. dtp entertainment AG is not obliged to send the user a warning prior to deleting the content.

All liability exclusions, indemnities and other exclusions in these conditions of use shall outlast the end of the contract containing these conditions of use, no matter why the contract ended.

9. Final provisions

These conditions of use are subject to German law and are to be interpreted in accordance therewith. The failure to enact or to enforce a right or a provision of these conditions of use by dtp entertainment AG does not represent a relinquishment of this right or this provision.

Should a provision of these conditions of use be unlawful, invalid or unenforceable for whatever reason, this provision shall be considered as separable from these conditions of use and shall not affect the validity or enforceability of the remaining provisions. These conditions of use represent the entire agreement between the user and dtp entertainment AG with regard to the use of the website of dtp entertainment AG.