[INFO] Terms & Conditions for DarkOrbit - what are your rights?

[kamieniarz]

I've decided to make this topic couse I'm pretty sure that most of DarkOrbit players have no idea about their rights in game.

BigPoint's Terms & Conditions have been created for them, not for us. It's actually nothing special since BP is a large corporation. It means that their main target is money - not a wish to make something cool (but I'm pretty sure that you already know about that).

So let me explain you the most important facts from T&C which are mostly against you BUT some of them are useful for you.

All important info:

1. We do not create DarkOrbit account. BP do it FOR US. All we do is filling out a form. It means that we DO NOT own any game account so we CAN'T sell it or give it to anyone.
T&C fragment:

 Spoiler

1.2.6 Registration, i.e. an application to open an Account, can be accomplished by filling out a form electronically and providing the information requested therein. The use of Bigpoint Games and/or Services will be permitted from the time an account is created for the user by Bigpoint.

1.2.11 The User is not entitled to open an account or to publish any information whatsoever on the Portal.

2.3 Bigpoint will promptly send a confirmation e-mail acknowledging receipt of the User application to the e-mail address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User application and the confirmation to access Bigpoint Games and Services can, however, be sent together with the acknowledgment e-mail.

9.3.4 The User is not entitled to sell their account to a third party or in another way, shape or manner to transfer it. This is not applicable for the sale or transmission of offers which have been created and reserved by Bigpoint for this purpose.

2. BigPoint can do with your account or even all game whatever it wants to. They can even close DarkOrbit as they closed UridiumWars. All you can do after that is take money you invested in stuff like premium, bonusbox doubler, etc. which are still active (not expired) OR 'move' your invested money to another BP's game.
T&C fragment:

 Spoiler

1.2.15 The User has no right to retain the Games and/or Services of the version current at the time of the conclusion of the contract. Bigpoint reserves the right to cease operation of individual Bigpoint Games and/or Services at any time without prior notice or justification. At his or her own discrection, the User may request, in such an event, that fees paid in advance within the scope of continual obligations (e.g. for Premium memberships, subscriptions) be credited to his/her account for other Games and/or Services operated by Bigpoint, or that Bigpoint recompense all fees paid in advance. The right does not apply to fees for services, which have been fully rendered within the scope of individual obligations (e.g. individual orders). The User’s right to terminate the agreement with immediate effect due to Games and/or Services which are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.

3. You can also take your money back whenever you want (in max 7 days after you bought your special package).
T&C fragment:

 Spoiler

3 Cancellation Policy
Cancellation Policy:

The User can revoke his/her declaration of intent to enter into a contractual agreement for Bigpoint Games and Services and to order Premium features from Bigpoint without stating reasons, within a period of seven (7) days in written form, either by letter, fax, or e-mail. This period shall begin upon receipt of these instructions, but not before conclusion of contract and also not before Bigpoint has fulfilled the corresponding, legal precontractual information. The timely dispatch of the cancellation is deemed to be sufficient evidence that the cancellation deadline has been observed.

Please address the cancellation to:

Bigpoint S.à.r.l. and Co, SCS
EBBC D
6 D route de Trèves
L-2633 Senningerberg
E-mail:
If a cancellation is sent by e-mail, the name of the Game and, if applicable, the Premium features and/or Services plus the name of the User must be provided in the subject line of the e-mail.

Effects of revocation:

In case of a valid withdrawal, Services or payments made by both parties must be returned and, if applicable, any associated utilization must be released. If the User cannot return the received services to Bigpoint either in full or in part or only in deteriorated condition, the User may be liable to provide equivalent compensation. In some cases, the User may be required to fulfill the contractual payment responsibilities for the period of time up until the revocation. This is not applicable for the transfer of virtual goods when the deterioration of the virtual goods is caused exclusively by their examination – such as when the User might examine a good in a store before purchasing it. The User's obligation for compensation exists when the virtual goods are used in a manner consistent with the principles of civil law which is incompatible with that of good faith or unjust enrichment. In addition, the User can avoid an obligation to pay compensation if he/she does not treat them like his/her personal property and avoids any actions which may diminish their value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the User with the dispatch of the cancellation notice; Bigpoint's period begins with the receipt of this notice.

Premature termination of the right of revocation:

The revocation of the User expires prematurely if the contractual obligations are fully met by both parties at the express request of the User before the User has exercised his/her right of revocation. This is considered to be the case when the User has made use of the Games and/or Services and/or Premium features and has paid for these in full.


End of cancellation policy

4. DarkOrbit MUST be online for minimum 90% per year. I don't know if BP may suffer some consequences when the availability drops below 90% but who knows...
T&C fragment:

 Spoiler

4 Availability
Bigpoint guarantees that its Games and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which Bigpoint portal servers, individual Games and/or Services are not available on the Internet due to technical or other problems which are outside the control of Bigpoint, such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. The liability of Bigpoint with regard to inaccessibility of the games and/or services by intent and gross negligence remains unaffected. Bigpoint can restrict access to its Games and Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.

5. And here comes something what makes me a little bit confused... T&C says that T&C apply ONLY when you're logged in your account or you're on game site. So what if I sell/give account using another site? I'm not sure... I'm not a lawyer
T&C fragment:

 Spoiler

5.1 The User accepts these Terms & Conditions as binding by submitting his/her User Application and using Bigpoint Games and/or Services. These Terms & Conditions apply for each login to the Portal, especially when any of the Bigpoint Games and/or Services are used. The Terms & Conditions can be printed out or saved onto digital media before sending the User Application.

6. BP can change T&C whenever they want. So they're even able to change EVERY possitive for us aspect
T&C fragment:

 Spoiler

5.2 Bigpoint reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.

7. BP can terminate game contract if you haven't payed them outstanding minimum 5€ (before that they have to warn you 2 times!) or if you haven't used your account for 4 weeks. So better remember to login from time to time More detailed info about that is in T&C fragment:

 Spoiler

8.3.2 In the event that Bigpoint is responsible for a premature termination of the contractual agreement for important reasons, the User will receive a pro-rata refund for any payments made by them, if applicable, (especially for Premium Features) which apply to the period after the termination becomes effective. All other claims of the User are considered invalid unless otherwise specified in these Terms & Conditions.
Bigpoint has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:

The User is late in paying fees of at least EUR 5.00 and has not paid despite having received two reminders.
The User knowingly violates any law or the rules of the Games and Services, and does not discontinue his/her actions despite having received a warning. A warning is not required in case of a severe offense where it would be unreasonable to expect Bigpoint to remain bound by the contract.
The User has not used their Account for a period of four weeks despite having received a reminder.
Cases in which it would be unreasonable to expect Bigpoint to remain bound by the contract generally include the following:

The User violates criminal law.
The User violates the prohibition of multi-accounts which may be stipulated in the respective Game’s rules (see Sec. 1.2 above).
The User violates the prohibition of pushing (see Sec. 1.2 above).
The User violates the prohibition of non-authorized scripts (see Sec. 1.2 above).
The User violates the prohibition of exploiting programming errors (bugs) (see sec. 1.2)
The User deliberately provides false information upon registration 2, User application form) or while completing payment of Premium Features (see Sec. 7.1).
In the event that Bigpoint correctly terminates the contractual agreement for important reasons, Bigpoint is entitled to charge the amount of 75% percent of all fees which the User would have had to pay for the rest of the term had the User terminated the contract of their own volition within the set time limit as governed by the contractual agreement. The User’s right to prove that no damage occurred or that a substantially lower level of damage was caused due to the termination remains unaffected.

8. If anyone get your account password to stole your account or sell everything you have on it, BP has the right to think that you did it by yourself. It means that you're actually in ass
T&C fragment:

 Spoiler

9.3.2 The User is obligated to treat all data provided by Bigpoint for the purpose of accessing the Games and Services (login, passwords etc.) in a strictly confidential manner. The User will inform Bigpoint without delay if their learns or suspects that an unauthorized third party has gained possession of said access data. Bigpoint advises the User to do this in written form, e.g. via e-mail. In the event that a third party gains access to Bigpoint's Games or Services with the User’s access data because the User neglected to sufficiently protect the account from unauthorized access, the User must, due to the danger of an uncertainty caused by the User regarding who misused the account or was responsible for a contractual or legal infringement of said account, assume the responsibility for said actions as if they had performed these actions themselves. Bigpoint is entitled to evaluate all entry into an account with the User's data as the entry of the User into the account. Bigpoint advises that passwords should be regularly changed for security reasons. The User is solely responsible for the access to and use of their Account.
The User is solely responsible for the access to and use of their Account.

9. DarkOrbit's T&C is based on Luxembourg Civil Code. As I know Russians didn't want to play DarkOrbit in Russia on Luxembourg's rights so they unleashed in a court case against it. Ofc they won and Russian servers operate in a slightly different way (I mean game rules). I'm not sure if they're free from banwaves but who knows



I hope that's all Please let me know if I missed any important info or if there is anything incomprehensible. Also keep in mind that I posted this topic only to dispel your doubts about some stuff.

PS here you can find all Terms & Conditions:

[pgtitan]

lol BugPoint really sucks....
Don't even care about any of their players...


!! **** THEM !!

[reda87]

the big problem is they have no right to give you permanently bane. i never see game do that .just like a punishment 30 day bane why perma bane thats bad for the game

f*** big point

[YatoDev]

Stupid kid . we havent done anything in second and first world war we arent born then. i reported you nothing more to say just bad that there are people like you

[jorg*]

Originally Posted by *skarlet*

haha the Germans as in the first and second world war always think they have the right ... and the only review that matters is yours ....... the Germans what they want is to delete all accounts with licenses x that elite are already full, and as they have access to information of ibot, open, merkaba, as well as have very easy,,,,,,,,,,,,,,,,, we all know that some money licenses went to darkorbit,,,,,,,,,,,,,,,,,,,, in crisis germany jajaj bet x rob all naive,,,,,,,,,, ,,,,,,

No offence man, But its not cool to talk about Real life WAR on a Gaming forum.. lol
Enough germans here that are gonna get mad by this.
And i am belgium, we had war with germans ... I do not get the link between the world war and a greedy company that wants money from theyre game.

Next time, Please dont talk about war, We all just want to have a good time on this forum.

Greetz

[reda87]

bigpoint will regret of this Policies because its bad
i think if they do like
if you are bot user you get bane 30 day after you get your account back and still use bot you get 60 bane and like that over and over why perma bane why

[Okapi32]

Originally Posted by reda87

bigpoint will regret of this Policies because its bad
i think if they do like
if you are bot user you get bane 30 day after you get your account back and still use bot you get 60 bane and like that over and over why perma bane why

Because they don't allow it? Your own ******* fault it you were dumb enough to carry on botting after getting a stage 1 :/
It's not like these policies are new either, they have had them since the old client and everyone seems to love to old client.

[melikhan]

Originally Posted by reda87

bigpoint will regret of this Policies because its bad
i think if they do like
if you are bot user you get bane 30 day after you get your account back and still use bot you get 60 bane and like that over and over why perma bane why

Because they know if they did that, peoples are still gonna bot and it's unfair for the fair players...

[reda87]

Originally Posted by melikhan

Because they know if they did that, peoples are still gonna bot and it's unfair for the fair players...

but if you get bane 30 day its long time and if you back to use bot you get more 30 day . and all will be happy and no one leave the game

[melikhan]

Originally Posted by reda87

but if you get bane 30 day its long time and if you back to use bot you get more 30 day . and all will be happy and no one leave the game

But the botters will still have their ranks which they got unfair, that's why they did the update with the streuners and lordakias

[»jD«]

Your interpretation of the Cancellation policy is wrong. I've read and re-read the policy (and as my mum is a lawyer).

What you missed was the fact that Bigpoint have the right to cancel your account WITHOUT giving refunds under certain circumstances when they believe you have done something that their contract no longer permits. This means if you are caught botting, threaten someone in real life or something else serious, they can cancel your account without a refund of any sort.

-jD

[BiggestBAnge]

you guys really thinks bigpoint is evil ?
there not .. they made 2 browser games that went lets say 'viral'.
good for them

bp is a big corporation.. and they need big money to pay for the electricity , servers , and ofcourse the staff .. so what would happen if bp closed Do and seafight for ever ? those games they earn most .. so that's not going to happen..

and tell me if bp was your company would you lower the prices ? would you not ban bot users on your game ?

your all here complaining about it ... i got an better idea .. if every single person could stop playing darkorbit for just 1- 2 or maybe 3 days... bp well act very different ... maybe give free stuff so users can come back , because users ( we ) are the most important a game is nothing without players... i still can remember when 100k played DO at the same time , good old times no lf4 , pilotsheet, botters jsut a cool game not a pay2win game.. like it is now .. i had a top 30 acc full lf4 10 drones all lvl 16 .. i was hitting about 200k+ and i still got owned... i used everything possible... but only 2 other ships killed me in maybe seconds ... in 2008 2 ships wouldnt kill a noob ship like bigboy in seconds... now 1 ship can kill a bigboy in 1 shot .. but i don't blame bigpoint i blame the players for playing the game
you read this and comment on me like "gayy'" etc... but you know i'm speaking the truth so stop complaining and start do something...

maybe ddos bigpoint , with 500 computers and a couple of hackers .. you can bring down any site which is already being prooved by anonymous.. taking mastercard , visa , paypal and some goverment sites down .. i like anonymous .. bcuz i am 1 your are anonymous , if you choose to be then you are.
do you know how scared bp would be if they received a msg from anonymous ( real ) that they gonna take there site or do down ? they would shit there pants they can't do anything about it ... because i believe even google can be ddosed till it's offline.. but they wouln't do that because every1 likes google same as fb... and what well the goverment do ? like in neherlands where i live .. well the goverment take down the internet ? well i think every1 remembers what happend in egypt when the goverment did that , so if you really hate BP then stop playing there gaems go play lol that isnt a pay2win agem that's a having skills game

i know this is a long post , sorry if i have made typos ..

[»jD«]

Anonymous, whilst I do admire SOME of their work, are no real DDoSers. They don't physically DDoS anything and any of the material they leak is usually released by others in underground forums. The reason they have such a big impact is their power comes from their followers. Their followers are the ones who do the DDoSing, not some magical botfarm or superserver they own.

Google is well out of the reach of ANY DDoS attack as they are a tier 1 provider. This means basically, they ARE the internet. Due to them being a Tier 1 provider, they get unlimited bandwidth ALL for free. This means that they control almost 1 5th of the internet traffic (assuming that there is still around 5 tier 1 providers). The way their network is setup and deployed would mean that all of the internet traffic would have to come from one point on the earth, and even then, only that portion of the planet would experience slower speeds as there data was being re-routed to the next closest datacentre. Thus is the beauty of Anycasting.

Bigpoint, being such a "big, multibillion dollar" company easily have the money to implement a network that would be next to invulnerable to DDoS attacks. It doesn't take much. There are so many mitigation techniques out there that you can implement, if you have the money, that not only stop DDoS attacks but also speed up normal traffic. Anycast DNS, Nullable traffic, Internal Anycasting, Port bonding, and then theres the recently announced features of a network card company that slips my mind at the moment who have implemented packet filtering right on their network cards! I believe bigpoint to be possible of nearly anything, as proven with their new bot script, which is good to see in a company. What I fail to see is the innovation, the drive and the will to "take the extra step" to take what is already a successful game development and publishing company to the next step, and instead of using current gen tech, be the ones who push it!

Take a look at cloudflare for instance, thats a perfect example of innovation in the networking/computing area (of which I was lucky enough to have input too!! )

-jD

[BiggestBAnge]

jd , you are right anonymous succeeded by getting exploits theat leaked .. and there followers... is every1 with a pc :P , some people find the exploit and then share it with others and they use it to ,

and i take back what i sad over google, yesterday i searched for : google hacked , to see if google was ever hacked .. and i noticed 1 thing .. google hacked the hacker back ! , they suspected some chinees guy hacking into gmail accounts.. so they started a secret attack on the hacker and they noticed it came from a computer in taiwan and also saw that they hacked 33 other big companies like Adobe Systems, Northrop Grumman and Juniper Networks.

so i take back what i sad over google .. bit sleepy , but i believe no site is safe ! you can say that you have these new technology .. etc.. that's what mostly companies like little smaller then bp do they secure there site & stuff and hire a hacker to hack into there systems t osee or it's really secured.. but the hacker finds a way in.. waste of time and money for the company , but sites like google .. youtube.. cannot be hacked .. for youtube people in 2008 and earlier used bots to get more views... but google spended millions to secure that and they did . i never see a bug in google or yuotube not even in there apps for android. which they actually mastered with google play . how ever google isn't the biggest company .. apple is and i was kinda shocked because i love pc and use one and alot of people do , + there are way more programs for windows.

but bigpoint can be hacked .. why ? because of there admins.. they sell uri for money to just stick in there pockets.. and i believe many people have acces to acp but they don't want to tell every1 .. or abuse it .. and i respect you jd , and admire your work your good at what you do , i am not a stupid little kid ( i was ) , i am learning php, sql , and i already know html but i am still learning it and ofcourse css ... i think i can be good at those program languages because i love to create sites.. etc.. and want to know how all those big site work .. if you force someone to do that they well never be good at it ..

sorry if i have said something stupid :P , i havent slept in 20 hours ...

[hello..]

Making a deal with BP is like making a deal with the devils.

Just take all your money back from the devils