Terms and conditions

BY DOWNLOADING, INSTALLING OR USING HEROES & GENERALS™ AND ASSOCIATED SERVICES YOU IRREVOCABLY AGREE TO THE TERMS OF SERVICE STATED HEREIN.

YOU ARE NOT ENTITLED TO DOWNLOAD, INSTALL OR USE HEROES & GENERALS™ AND ASSOCIATED SERVICES IF YOU ARE UNDER THE AGE OF 13.

PART I ABOUT THESE TERMS

  1. Applicability
    1. These Terms of service and EULA (collectively “Terms”) apply to any use, including without limitation a- and ß-testing, of Heroes & Generals™ and associated services as applicable.
    2. Third party service providers services, such as payment service providers, may be subject to separate terms and conditions.
  2. Contracting
    1. You accept that all purchases of our service and Heroes & Generals™ is done by way of electronic contracting.
    2. All orders will, if accepted by Reto-Moto, be confirmed by e-mail, and a complete history of your purchases will be available to you when you log into your personal account.
  3. Consumer rights
    1. As a consumer, you will have all mandatory consumer rights in your jurisdiction, however, for services, virtual items or software delivered on-line or by way of download, you shall have no right of return or refund.
  4. Charges and payment
    1. You may utilise certain Reto-Moto services without paying, while other services may be subject to payment. If you decide to acquire payable services or items, you warrant that you will pay all charges and fees incurred by you.
    2. Any charges and fees are payable in advance an are non-refundable, except as set forth in clause 7.2. Applicable charges and fees are posted on our website and may be changed by Reto-Moto without prior warning, effective for all future payments.
    3. Payment will be handled by a recognised payment services provider, and Reto-Moto will not receive or handle any credit card information etc.

PART II HEROES & GENERALS™ THE GAME

  1. Heroes & Generals™
    1. Heroes & Generals™ is provided to you by Reto-Moto ApS (“Reto-Moto”), a company domiciled at Vestergade 18 E, 5., DK-1456 Copenhagen K, Denmark, and registered with the Danish Commerce and Companies Agency under number DK-31271444 (CVR).
    2. Heroes & Generals™ is set in a second world war environment. Reto-Moto does not condone any act of war or the use of violence nor any specific political point of view.
    3. Heroes & Generals™ is available to persons of the age of 13 or more only.
  2. Heroes & Generals™ additional Rules
    1. The use of Heroes & Generals™ is subject to the Heroes & Generals™ Rules of Engagement, Forum Rules, Guidelines and Modding Rules (collectively “Rules”) which are accepted separately and forms an integral part of these Terms.
    2. Any breach by you of the Rules entitles Reto-Moto to suspend its services to you, to modify your account, as applicable according to the Rules.

PART III SERVICES AND ACCOUNT

  1. Services
    1. Reto-moto offers a number of services relating to Heroes & Generals™ and as further described at our website to you. To benefit form these services, paid or for free, you need to accept these Terms and to set up an account, cf. below.
    2. Reto-Moto may at its sole discretion discontinue its services in which case Reto-Moto will refund to you any prepaid amounts for such unused services.
  2. Account
    1. When you open an account, you are required to accept inter alia these Terms.
    2. Your account is personal and may not be used by or transferred to others. You are liable for any abuse of your account, if your userID and password has been used.
    3. You may create an Account without paying any registration or subscription fees. However, some content, games, products and/or services offered on or through the game or Reto-Moto’s website may be offered to you on a fee basis. If you elect to subscribe or become a member to, or purchase fee-based content, games, products and/or services and transmit to Reto-Moto a request to purchase, you warrant that your use of the particular credit card or other accepted method of payment is authorized, that any information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and that you agree to pay all fees you incur, including all recurring subscription fees (if any) unless and until you terminate your use of such content, games, products and/or services.
    4. Further requirements, prerequisites and terms for use of the account are found on our website.
    5. Violation of the Terms, including without limitation by way of sharing of an account, violation of laws, intimidating any persons, using cheats, hacks, or other means of circumventing game rules, advertising, marketing, selling in-game items for non-game currency or services, using obscene, discriminating or other adverse language, may at the sole discretion of Reto-Moto lead to a warning to you, suspension or cancellation of your account; cf. below:
    6. A player may be temporarily suspended or permanently banned from the game and related services if found to violate these terms. Repeated violations will normally result in a permanent ban. It is at Reto-Moto’s sole discretion to decide the period of suspension. The player will not have any claim for repayment or similar because of the suspension or ban.
    7. You receive in-game “cash” by completing your payment through the billing section of our website. You may use in-game “cash” to purchase items in the game. The purchased currency does not expire. Use of in-game “cash” for any purposes other than those authorized on the website or in the game is not allowed. You agree that Reto-Moto has the absolute right to manage, regulate, control, modify and/or eliminate in-game “cash” as it sees fit at its sole discretion and that Reto-Moto will have no liability to you based on its exercise of such right. In-game “cash” is not subject to refund, nor does it have "real cash" value. Regardless of the in-game “cash” offered or paid in exchange for the in-game items, you do not have any ownership rights in the items.
  3. Virtual Goods
    1. You agree that Reto-Moto reserves the right to manage, regulate, control, modify and/or eliminate its games and all aspects of including but not limited to, game characters, items, points, and in-game “cash” (collectively, "Virtual Goods") therein. All Virtual Goods remain the property of Reto-Moto. You acknowledge that Reto-Moto may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of any of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by these Terms, and are not redeemable for any sum of money or monetary value from Reto-Moto at any time.
    2. YOU AGREE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST RETO-MOTO, ITS PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, OR ANY EMPLOYEES OF ANY OF ABOVE, WHICH IS RELATED TO OR BASED ON, INCLUDING BUT NOT LIMITED TO; (I) A CLAIM THAT YOU "OWN" ANY VIRTUAL GOODS IN ANY GAME, (II) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS IF RETO-MOTO DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT(S)) WITH A REASONABLE CAUSE AT RETO-MOTO’S SOLE DESCRETION, (III) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS THAT YOU MAY LOSE IF RETO-MOTO DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS, AND/OR RETO-MOTO’S PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR "BUGS" IN RETO-MOTO GAMES, (IV) A CLAIM THAT THE "VALUE" OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT RETO-MOTO HAS MADE OR WILL MAKE.
  4. Privacy policy
    1. When using our services or our software, you are subject to our privacy policy, which you accept when opening an account and which is found at our website.

PART IV END USER LICENSE AGREEMENT

  1. Grant of license
    1. This license grants to you, and you accept, a non-transferable, non-exclusive license to use for personal and entertainment purposes only the Heroes & Generals™ software (“Software”) including any patches, updates and new versions and associated documentation (hereafter “Documentation”) subject to the terms set forth herein. Reto-Moto reserves the right to supplement or amend the terms herein with terms transpiring from the Software itself and accepted by you during installation or updating.
    2. This license does not convey to you an interest or ownership in or to the Software, but only a limited right of use always subject to the terms of this license, your timely payment of associated fees, if any, and your adherence to the Terms.
    3. You are permitted to back up the Software in accordance with common practice, however, a new copy of the Software may at all times be downloaded from Reto-Moto’s website.
    4. You accept that the Software may be disabled AUTOMATICALLY OR by Reto-Moto if you breach the terms and/or in case of non-payment of ASSOCIATED fees (if applicable) AND/OR IN CASE ON NON-VALIDATION OF THE SOFTWARE. In case of such disabling you may at all times contact RETO-MOTO at the e-mail address provided AT RETO-MOTO’s WEBSITE.
  2. Other restrictions
    1. You may not give away, rent, lease or sell the Software, or assign or otherwise transfer your rights under this license. In this respect, you accept that the Software is not comprised by any right of sale of a “copy” or similar rights.
    2. Except as to the extent set forth by Reto-Moto’s Modding Rules and mandatory legislation in your jurisdiction, you may not amend, modify, make additions, deletions or changes to the Software, including without limitation the game client, nor may you reverse engineer, decompile, disassemble or in any other manner attempt to derive source code or trade secrets from the Software. If you wish to decompile, modify or reverse-engineer the software beyond the extent allowed by Reto-Moto’s Modding Rules, you may request approval from support@heroesandgenerals.com.
    3. You may not use or allow any third party to use the Software in any manner that may infringe any intellectual property rights, including without limitation patents, copyrights and trade mark rights or any proprietary or trade secret interests.
    4. Specifically, you agree that you will not, under any circumstances except if otherwise explicitly allowed herein:
      1. in whole or in part, copy, reproduce, translate, modify, disassemble or create derivative works based on the Software;
      2. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Heroes & Generals™ experience;
      3. exploit the Software or any of its parts, for any commercial purpose, including without limitation:
        1. for gathering in-game value, items or resources for sale outside Heroes & Generals™; or
        2. performing in-game services in exchange for payment outside the game, e.g. “power-leveling”.
      4. use any unauthorized third-party software that intercepts, “data- mines”, or otherwise collects information from or through Heroes & Generals™, including without limitation any software that reads areas of memory or storage used by the game to store information about a character or the game environment;
      5. host, provide or develop matchmaking services for the game or intercept, emulate or redirect the communication protocols used by the game in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks; or
      6. facilitate, create, assist in or maintain any unauthorized connection to Reto-Moto’s Services, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Services.'
    5. You accept that your use of the Software may be monitored in accordance with Reto-Moto’s privacy policy which you accept separately.
  3. Term of license
    1. This License becomes effective (“effective date”) upon sign on to Heroes & Generals™, or your downloading of the Software, or upon your first use of the Software or upon your acceptance of this license, whichever occurs first, at which date you are considered to have accepted this License, and shall continue until terminated by either party or breached by you.
    2. Reto-Moto may at its discretion disable the Software and/or terminate this license upon the breach of any term hereof, including (i) if associated fees are not paid on time, (ii) if you use the Software beyond the agreed scope, or (iii) if a third party instructed, engaged or allowed access by you, amend, modify, make additions, deletions or changes to the Software; or (iv) if you make or permit any third party to make unauthorized copies of the Software; or (vi) if you fail to comply with any other provision of this license or these Terms.
    3. You may terminate this license for convenience at any time.
  4. Maintenance and support
    1. Maintenance and support will commence as of the date of accepting this license, and will include:
      1. On-line support, further improvement of the Software including correction of errors and defects, if possible.
      2. Maintenance measures may include changed or reduced functionality at Reto-Moto’s discretion.
      3. The maintenance and support is free of charge, provided that the fees associated with your account are duly paid.

PART V GENERAL TERMS

  1. Limited or no warranty
    1. You acknowledge that you know the essential functional characteristics of the services and Software and bear the risk that the services or Software does not meet your wishes and requirements.
    2. You accept that the services and Software, like any other services and software, may not be error free or free from defects and that Reto-Moto grants no warranty in this respect.
    3. You accept any consequences that may arise from Reto-Moto’s disabling or suspension of the services or Software in case of your breach of these Terms and accept that you have no claims against Reto-Moto in this respect.
  2. Your remedies
    1. Your exclusive remedy for any material defect in the services or Software for which Reto-Moto is responsible and Reto-Moto’s sole obligation will be for Reto-Moto to correct, in a reasonable time period, the error or defect in the services or Software where the services or Software does not perform substantially in accordance with Reto-Moto’s marketing material or the Documentation, as applicable, or, at the exclusive choice of Reto-Moto, either to replace the services or Software, or to refund you an proportional part of the any fee paid by you which in the sole opinion of Reto-Moto corresponds to the value the defunct services or Software. You have no other remedies except if required by mandatory law in your jurisdiction.
  3. No other warranties
    1. EXCEPT FOR THE EXPRESSED WARRANTIES SET FORTH HEREIN RETO-MOTO, ITS SUPPLIERS AND RESELLERS DISCLAIM ALL OTHER WARRANTIES, PROMISES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES AND SOFTWARE, ANY LOST DATA OR DOCUMENTATION, SOFTWARE PRODUCED DATA, INCLUDING VIRTUAL ITEMS, ANY ANCILLERY SERVICES OR TECHNICAL ASSISTANCE OR ANY OTHER ITEM DELIVERED BY RETO-MOTO.
  4. No liability for damages
    1. RETO-MOTO, ITS SUPPLIERS AND RESELLERS SHALL NOT BE LIABLE FOR AND YOU ASSUME RESPONSIBILITY FOR ALL PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE OF THE SERVICES AND SOFTWARE. IN NO EVENT SHALL RETO-MOTO, ITS OFFICERS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY PERSON OR ENTITY FOR THE LOSS OF PROFITS OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SOFTWARE OR THE PERFORMANCE OR USE OF THE SERVICES AND SOFTWARE, EVEN IF RETO-MOTO OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT LOSS OF DATA SHALL BE CONSIDERED INDIRECT DAMAGES HEREUNDER. IN NO EVENT SHALL THE TOTAL, CUMULATIVE LIABILITY OF RETO-MOTO AND ITS SUPPLIERS EXCEED THE FEES PAID BY YOU DURING THE LAST 12 MONTHS FOR THE SERVICES AND SOFTWARE GIVING RISE TO THE CLAIM.
  5. Third party rights
    1. If a third party makes a claim against you that any part of the services or Software originating from Reto-Moto (Reto-Moto assumes no liability whatsoever in any part of the Software or software originating from third parties, e.g. communications software) infringes any patent, copyright or other intellectual property right (hereafter “Claim”), Reto-Moto may at it’s option defend you against the Claim and pay all costs, damages and expenses - including reasonable attorney's fees - finally awarded against you by a court having jurisdiction over the matter; provided that: (i) you notify Reto-Moto in writing no later than five (5) days after you have become aware of a Claim or a potential Claim; (ii) Reto-Moto may assume sole control of the legal handling of the Claim and all related actions and negotiations; and (iii) you – at your own cost - provide Reto-Moto with the assistance, information and authority, which in the opinion of Reto-Moto will be necessary to perform Reto-Moto's obligations under this clause.
    2. If, due to a Claim or the threat of a Claim, (i) any part of the Software is held by a court having jurisdiction over the matter, or in Reto-Moto's reasonable opinion may be held to infringe the rights of a third party by such a court, (ii) you receive a valid court order preventing you from using any part of the Software, or (iii) in Reto-Moto's reasonable opinion you may receive such an order, Reto-Moto shall at its own expense (i) obtain for you the right to continue the use of this part of the Software, or (ii) replace or modify the Software to make it non-infringing provided that such modification or replacement will provide you with a substantially equivalent result, or (iii) terminate the license and refund to you any prepaid fees paid by you for any part of the services or Software that are rendered unusable by you as a result of such unresolved infringement.
  6. Assignment
    1. Reto-Moto may without your consent assign its rights under these Terms wholly or partly to a third party.
  7. DISPUTES, CHOICE OF LAW AND VENUE
    1. THESE TERMS SHALL BE GOVERNED BY, AND EXCLUSIVELY CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE KINGDOM OF DENMARK, NOT TAKING INTO ACCOUNT ITS PROVISIONS THAT MAY LEAD TO THE APPLICATION OF ANY OTHER SUBSTANTIAL LAW THAN DANISH LAW.
    2. ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING ANY DISPUTES REGARDING THE EXISTENCE, VALIDITY OR TERMINATION THEREOF, THE SERVICES OR THE SOFTWARE SHALL BE SETTLED BY THE CITY COURT OF COPENHAGEN, DENMARK.
    3. NOTWITHTANDING THE ABOVE, RETO-MOTO SHALL AT IT’S SOLE DISCRESSION BE ENTITLED TO INITIATE PROCEEDINGS AGAINST YOU IN A COURT OF ITS CHOICE INCLUDING WITHOUT LIMITATION IN CASE OF NON-PAYMENT BY YOU OR YOUR INFRINGEMENT OF RETO-MOTO’S INTELLECTUAL PROPERTY RIGHTS OR TRADE SECRETS OR BREACH OF THESE TERMS BY YOU.