Deviations from these general terms and conditions are only binding if they have been accepted in writing by Studio Deloryan.
Use of the game
- With the game "Horse Reality" you enter a graphic online role-playing game where you decide what your character will do, possibly in cooperation with (or against) other players.
- To be able to use Horse Reality, you must first register. After your registration has been completed, you can log in directly to your account and use the game.
- You must protect access to your account from unauthorized persons by means of a username and password. In particular, you must keep your password strictly confidential. Studio Deloryan can assume that everything that happens from your account after logging in with your username and password will be done under your supervision. You are therefore liable for all actions unless you have notified Studio Deloryan that someone else knows your password.
- With Horse Reality, your personal data will be processed. You give permission for all forms of processing that fall within the scope of the game. Please refer to the Studio Deloryan privacy statement for more information.
- It is forbidden to use Horse Reality for acts that are in conflict with Dutch or any other applicable laws and regulations. This includes storing or distributing information through the game that is libellous, slanderous or racist.
- In addition, you agree to abide by the rules on this page.
- If Studio Deloryan finds that you are violating the above prohibitions or receive a justified complaint about this, you will receive a warning. Studio Deloryan can exclude (ban) any violators from the game. The decision of the game management is binding, but you have the right to complain to the administrator(s) about the decision of the moderators. The decision of the management is final and irrevocable.
- If in the opinion of Studio Deloryan nuisances, damage or other danger arises for the functioning of the game, or the associated computer systems or the network of Studio Deloryan or third parties, in particular through hacking attempts, denial of service attacks, misuse of bugs or leaks in the software, Studio Deloryan is entitled to take all measures that it reasonably considers necessary to avert or prevent this danger. Meaning that Studio Deloryan could take the game Horse Reality offline if this is necessary.
- Studio Deloryan is entitled at all times to report identified illegal facts.
- Studio Deloryan can recover from you the damages resulting from violations of these rules of conduct. You indemnify Studio Deloryan against all claims from third parties that relate to damages resulting from a violation of these user rules.
Availability and maintenance
- We cannot guarantee uninterrupted availability, as well as being completely bugfree, but we make every effort to prevent this as much as possible.
- We are not responsible for any loss of account-related data by technical failures. We will do our best to prevent this and if we deemed necessary, we’ll try to offer compensation.
- Horse Reality is actively maintained. This maintenance can take place any time, even if this can lead to a limitation of availability. Maintenance is announced in advance if possible.
- We actively work on the functionalities in Horse Reality, which may be adjusted from time to time. Your feedback and suggestions are welcome, but in the end, Studio Deloryan decides for itself which adjustments it will or will not make. Feedback and suggestions can be posted on the forum on the board: ideas.
Intellectual property and confidentiality
- The game Horse Reality, the accompanying software, as well as all information and images on the website, are the intellectual property of Studio Deloryan. These may not be copied or used in any way without separate written permission from Studio Deloryan, except in cases where this is permitted by law.
- Studio Deloryan will not take notice of private data that you store and/or distribute via Horse Reality unless this is necessary for good service or Studio Deloryan is obliged to do so by virtue of a legal provision or court order. In that case, Studio Deloryan will endeavour to limit the knowledge of the data as much as possible, in so far as this is within its power.
- You cannot collect, harvest or farm content on Horse Reality without the written permission of Studio Deloryan. You can place links to pages, such as forum topics, but not to specific game material like the game art.
- You’re not allowed to disrupt the security functionalities of the game.
- When you publish content on Horse Reality or submit content to us otherwise (suggestions and ideas, fanart, etc), you grant us a worldwide, perpetual, non-exclusive, royalty-free license to copy, modify, display or use this content on Horse Reality. We could also use your content as promotion material for the game, for example on social media.
Fees and currencies
- Playing Horse Reality is completely free. However, some parts of the game require a small fee. This fee is determined in Delta Points, which is a separate currency in Horse Reality. Delta Points can be bought with real currency (Euro). The prices on our website already include tax, unless said otherwise. Studio Deloryan is authorized to change the prices at all times.
- Payment for Delta Points can be made via iDeal, via credit card, via PayPal, or according to the payment instructions on the website.
- Delta Points that you’ve purchased are delivered immediately, and at your explicit request, as such, it is not possible to cancel a payment by invoking the Distance Selling Act.
- Delta Points are non-refundable.
- It is your responsibility to check if currency and virtual items are correctly prescribed to your account. Contact us immediately if that’s not the case. Be sure to contact us with all details when the items or currency are missing and the payment has gone through.
- When we tell you an item or functionality was priced incorrectly, you have the opportunity to buy it for the correct price. If you don’t want that, we’ll cancel your purchase and you get a complete refund of the payment you’ve made earlier.
- We are authorized to block access or delete currency and virtual items or functionalities if these are allocated due to an error or when a payment has been reversed.
- Currency and virtual items can only be used within the game and don’t have an intrinsic value.
- We are authorized to change the way how currency and virtual items can be used at any time. For example, how much currency is needed to retrieve a certain virtual item.
- Currency and virtual items will be deleted when you delete your account.
- Except in the case of intent or gross negligence, the liability of Studio Deloryan is limited to the amount of Delta Points used in the three months prior to the moment of the harmful event.
- Studio Deloryan is explicitly not liable for indirect damages, consequential losses, lost profits, missed savings, and damages due to business stagnation.
- A condition for any right to compensation is that you report the damage to Studio Deloryan in writing within two months of discovery at the latest.
- In case of force majeure, Studio Deloryan is never obliged to pay compensation for the damages caused thereby. Force majeure includes interruption or failure of the Internet, the telecommunication infrastructure, power failures, domestic disturbances, mobilization, war, traffic jams, strikes, exclusions, business disturbances, stagnation in supply, fires, and floods.
- You are the sole responsible entity for any losses or damage that you receive if you violate this contract or abuse Horse Reality.
Duration and cancellation
- This agreement starts as soon as you start playing and runs for an indefinite period of time.
- You can terminate the contract at any time by deleting your account. As long as you don’t delete your account, the contract runs for an indefinite period of time.
- Studio Deloryan can terminate the agreement if you have not logged in for eighteen months. In such a case, we will first send a reminder email to the e-mail address that is linked to your account.
Changes in prices and conditions
- Studio Deloryan may adjust these conditions, as well as prices, at any time of your next purchase of new Delta Points.
- Studio Deloryan will announce the changes or additions at least thirty days before they come into effect in the game so that you can take note of them. Price changes have no effect on already purchased Delta Points.
- Dutch law applies to this agreement.
- To the extent not otherwise prescribed by mandatory law, all disputes relating to Horse Reality will be submitted to the qualified Dutch court for the district in which Studio Deloryan is located.
- If a provision in these general terms and conditions requires that a notice must be made "in writing", it will be complied with if the notice is made by e-mail or communication via the game, provided it is sufficiently established that the message really comes from the alleged sender and that the integrity of the message is not affected.
- The communication or information stored by Studio Deloryan is deemed to be correct unless you provide evidence to that effect.
- If a provision in these general terms and conditions proves to be invalid, this does not affect the validity of the entire general terms and conditions. In this case, the parties will determine (a) new provision(s) for replacement, whereby the intention of the original provision is given shape as far as legally possible.
- Studio Deloryan is entitled to transfer its rights and obligations under this agreement to a third party that takes over Horse Reality or the relevant business activity.