"Allvatar" indicates the object of agreement service and/or the MYMMO GmbH
The user concludes the contract on the use of allvatar-services with the MyMMO GmbH, Weinbauernstrasse 12a, 81539 Munich. More contact options, commercial register information and the name of the person who is authorized to represent the MyMMO GmbH can be found in our imprint.
1.1 Any usage of offered services and content on allvatar-websites, with the exception of options offered by allvatar, has to be approved by allvatar in a written form.
1.3 The user agrees that a 100% reachability/availability of allvatar-websites is technically impossible. Of course, allvatar gives its best to maintain a high level of availability of allvatar-websites. Particularly maintenance-, security- or capacity-works or events, which are not under allvatars sphere of control, might lead to a temporal unavailability of allvatar-websites and/or allvatar-services.
Allvatar solemnly offers users a platform to get in contact with other users by offering technical services, which allow getting in contact with other users. Allvatar doesn't contribute or interfere on content in these communications. If users conclude contracts with other users on allvatar-websites, allvatar is not involved in this and therefore doesn't become a partner in these agreements. Allvatar takes no legal liability or responsibility if duties of concluded contract between users are not fulfilled.
1.4 Any re-utilization of images or content of allvatar-websites has to be approved before by the MMO-GmbH in a written form.
1.5 World of WarcraftTM and Blizzard Entertainment@ are registered trademarks of Blizzard Entertainment US and other countries.
1.6 Administrators of groups on allvatar-websites can freely choose which users are allowed to become member of the associated groups.
2. Registration, agreements with registration
2.1 Before taking advantage of any of ALLVATAR-Website's services that need a login, the user has to register oneself. Services that don't need a login may be used without one.
2.2 The user insures that all the data, entered during registration is correct and complete. The user is bound to declare any changes of her/his userdata to ALLVATAR immediately.
2.3 The user insures that she/he is of at least 14 years of age.
2.4 During the registration the user chooses a password. She/He is bound to keep his password a secret. ALLVATAR will not give the password to a third party and will never ask the user for the password.
2.5 With completion of the registration the user submits a quote to a contract for the use of ALLVATAR-Website's services. ALLVATAR agrees to this quote with the user's activation for the ALLVATAR-Website's services. With this agreement the contract between the user and ALLVATAR concludes.
2.6 Any user may register only once und add only one userprofile. In this profile the user may add a multitude of avatars. The user guarantees that she/he only adds avatars with whom she/he himself is registered on various "Massive Multiplayer Online-Platforms".
2.7 ALLVATAR is not able to determine with absolute certainty if a user registered on the ALLVATAR-Website is in fact this person the user claims she/he is. Hence ALLVATAR does not safeguard the factual identity of a user. Hence every user has to assure oneself of the identity of another user.
3. User liability
3.1 The user is responsible
3.1.1 for making only real statements in his profile an communication to other users
3.1.2 for uploading images only showing himself to the allvatar-webpage. The user has to make sure, that the public showing of his images
on the allvatar-webpage is legally allowed. Trademarks in any form are not allowed to be uploaded to the allvatar-webpage.
Also images of groups are not allowed to contain trademarks.
3.1.3 for taking care of existing laws concerning the usage of content and services of the allvatar-webpage. It is forbidden
to use insulting or malign contents, regardless of to whom these contents refer. It is also forbidden to upload pornographic
images or any other content, which violates protection of minors laws. Also the distribution of such content is forbidden.
Also it is not allowed to harass other users with unwanted messages or spam.
3.1.4 for not performing one of the following actions on the allvatar-webpage, even if not violation existing laws:
- Sending of chain-letters
- Sending of identical private messages to multiple users with the exception of group-messages
- Insinuating or sexually orientated communication with other users
3.2 The following actions by users are not allowed:
- Usage of mechanisms, software or scripts in conjunction with the allvatar-webpage. It is allowed to use interfaces or software
which are offered by the allvatar-webpage, in order to be able to use offered services and content.
- Blocking, overwriting, modification, copying of content on the allvatar-webpage, if it is not necessary in order to be able to
use offered services on the allvatar-homepage (e.g. Robots/Crawlers)
- Distribution and public display of contents of the allvatar-webpage
4. Changes of services on ALLVATAR-Websites
ALLVATAR reserves the right to change on ALLVATAR-Websites offered services or offer variable services, exept this is not reasonable for the user.
5. Termination of the contract
5.1 The user can terminate his membership at anytime without cause. The termination can be done with the contact-form accessible from any ALLVATAR-Website. The User will need his Username and the on the ALLVATAR-Website registered E-Mail Account to terminate the contract.
5.2 Also the contract can be terminated extraordinarily on either side without observance of a notice period, if there is an important reason in terms of § 626 BGB.
5.3 Allvatar has the right, apart from a termination in terms of 5.2, to impose the following sanctions on the user, if he violates the User Agreements:
Deletion of content the user posted, to declare a call to order or the suspension of access to the services of ALLVATAR-Websites
6. Responsibility for content, data and/or userinformation
6.1 ALLVATAR takes no responsibility for content, data and/or information provided by the user as well as contents from linked external websites. ALLVATAR especially does not assure that these contents are genuine or serve a purpose.
6.2 As far as the user notices an action illigal or contrary to contract (including the use of fake identitys) he/she may report it using the contact-form accessable from any ALLVATAR-Website.
7. Customer service/support
The customer may send questions and explanations concerning his contract with ALLVATAR or ALLVATAR services via the contact-form accessable from any ALLVATAR-Website or via Fax and Mail.
8. Liability of ALLVATAR
ALLVATAR is liable for willful intent and gross negligence. In adition ALLVATAR is liable for gross negligence of duties whose completion render the proper execution of the contract possible and on which compliance the user trusts in, in this case only for the predictable and contract coherent damages. ALLVATAR is not liable for other ordinary negligent violations. than in the previous sentences mentioned. The preceding disclaimers do not apply for injury of life, body and health.
9.1 The user indemnifys ALLVATAR from all claims, including claim for damages that other users or another third party might file against ALLVATAR because of a violation of their rights committed by content posted on ALLVATAR-Websites by the user. In addition the user indemnifys ALLVATAR from all claims, including claim for damages that other users or another third party might file against ALLVATAR because of a violation of their rights committed by the users use of ALLVATAR-Websites services. The user incurs any expenses that ALLVATAR might have resulting a violation of third party rights, including legal costs. All further rights and claims for damages by ALLVATAR stay untouched. The preceding user's duties do not apply if the user is not accountable for the rights violation in question.
9.2 If third party rights are violated because of the user's content, the user will, by choice of ALLVATAR, pay the costs for the use of the third party content or arrange it copyrightfree. If third party rights are violated because of the use of ALLVATAR-Websites services, the user will have to cease the contrary to contract and/or illigal use after a demand from ALLVATAR immediately.
11. Right on content
With the posting of content in any form, the user acknowledges ALLVATAR the boundless and assignable right of use on the posted content, which allows ALLVATAR to applicate further and keep the posted content on the webpage.
ALLVATAR thus have the use of right on all posted content in its forums. Copying or usage of any post in the ALLVATAR forums on other medias (publications, magazines...) is not allowed, unless you get a written consent from ALLVATAR.
Copying, downloading, spreading, the distribution and saving of content committed by ALLVATAR or ALLVATAR-users isn't allowed unless you get written permission by ALLVATAR, with the exception caching when you are visiting one of the ALLVATAR-homepages.
12. Final clauses
12.1 The contract and its alterations have to be in written form. There are no lateral agreements. Also the change of the written form clause is subject to written form
12.3 If no other agreements are made, the users will be able to contact ALLVATAR with this form (http://www.allvatar.com/index.php?p=kontakt) or via fax or letter. ALLVATAR is also allowed to contact users to the given contact options in the users profile.
12.5 Place of fulfillment is the domicile of ALLVATAR.
12.6 If the user doesn't have his court of jurisdiction in Germany or changes his domicile to another country while the contract is running, the court of jurisdiction for disputes with ALLVATAR is Munich.
12.7 The law of the Federal Republic of Germany applies with exception of the United Nations Convention on contracts for the international Sale of Goods. Coercive regulations of the country in which the user usually resides remain pristine.
You can cancel your contract declaration in between 2 weeks without naming any reasons for it (ny eMail, fax or letter). The deadline starts with getting these instructions in written form, but not before the contract closure and not before our fulfillment of giving out these information according to § 312 c Abs. 2 BGB i.V.m. § 1 Abs. 1, 2 und 4 BGB-InfoV and our duties according to § 312 e Abs. 1 S. 1 BGB i.V.m. § 3 BGB -Info-V. To stay in the deadline it is enough to send your withdrawal declaration in between the two weeks.
Disclaimer has to be send to: mymmo GmbH, Weinbauernstraße 12 a, 81539 München
or by e-mail to: firstname.lastname@example.org
In case of a successful disclaimer all already received services have to be given back. If you cannot give us back the received services in its condition how you received it, you may have to compensate for lost value. Refund obligations have to be fulfilled in between 30 days. The deadline starts with the sending of your disclaimer message to us.
Your disclaimer right ends early, if both sides agree on the complete contract fulfillment, before you are using your disclaimers rights.