Support and Troubleshooting
We encourage you to read over these Commonly Reported Problems and Solutions, before contacting Customer Support. If these don’t help, then please Contact Customer Support Here.
If you are experiencing a problem with the game, the first thing we recommend is to simply reboot your computer. This will fix many problems.
Issue: I can’t play the Game.
- Try rebooting your computer, modem, and router.
- If that doesn’t work, your Anti-Virus software may be blocking the Game. To fix this, you will need to open your Anti-Virus software, and then mark the game as “Trusted”. You will need to mark the files VHPatcher.exe, VHLauncher.exe, and VillagersandHeroes.exe as “Trusted”. In addition, you may need to disable “Automatic Sandbox mode” in your Anti-Virus software. We recommend reading the documentation from your Anti-Virus software manufacturer for more detailed instructions.
Issue: I am frequently disconnected from the game.
Like other online MMO games, Villagers & Heroes uses more bandwidth than simply browsing webpages. Therefore, while you may have no problems browsing the web, if your internet connection is weak, you may be disconnected occasionally while playing Villagers & Heroes. So if you are frequently disconnected, we recommend the following:
- Try rebooting your computer, modem, and router.
- If that doesn’t work, and if you are playing with a wireless connection, try switching to wired to see if this fixes it. If it does, you know the problem is a weak wireless connection. In this case, the solution is to either continue to use a wired connection, or, alternately, you can try adding a Wireless Repeater / Wireless Range Extender ( for example, Wireless Range Extenders on Amazon ).
- If neither of the above solve your problem, you may wish to contact your internet service provider. You may have a poor connection, and they may be able to boost your signal. Note: Neither Mad Otter nor Neonga are responsible for your costs if you do this.
Issue: I want to reset my password.
You can reset your password by doing the following:
- Run the Game normally.
- On the Sign In screen, at the bottom, there is an option for “Forgot your password?”. Press it to receive an email with a new password.
Issue: When I try to run the game, I see this message “An instance of the game is already running; exiting…”.
In this case, we recommend that you reboot your computer. If this does not fix the problem, please contact Customer Support.
Issue: When the Game Launcher runs, the progress bar gets stuck and the Play button never shows up.
The Game Launcher is the window with the Villagers & Heroes Logo at the top, a News section, and a progress bar at the bottom. If the progress bar stops moving for more than two minutes, try closing the Game Launcher and running it again. If this does not solve the problem, please contact Customer Support.
Issue: When I press the Play button (at the lower right in the Game Launcher), the game won’t run or it does run, but there are strange problems in the game.
Quit the game if you are playing, rerun the Launcher, then go to options (the gear symbol in the upper right) and select “Verify Assets”. This will check all of your game files, and fix any that are bad. It takes a few minutes.
Issue: The Game Launcher won’t run at all.
If when you run the game, the launcher window does not open at all, we recommend you reboot your computer, and try running the game again. If this doesn’t solve your problem, then redownload the game from here, and re-install it. If this does not fix the problem, please contact Customer Support.
Issue: Items continue to disappear from our Village Vault.
We have reviewed many cases like this, and in every case we reviewed, it turned out that one of the village members was, *ahem*, making secret withdrawals. In a future upgrade, we will add a journal to the vault so village members can review all deposits and withdrawals. Another upgrade will allow the village to restrict access to different sections of the Vault.
Issue: I can’t move items around in my inventory.
The inventory system defaults to a “sticky cursor”. This means that when you click on an icon and release the mouse button, the cursor will grab hold of the item. You can then move the item to the new location you want to drop it, and when you click again it will drop into place. This is different than “drag-and-drop” where you hold the mouse button down while moving an icon. If you don’t like this feature, you can disable it from Settings->Display->Sticky Cursor (uncheck the box).
Issue: I gained a level in my fighting skill, but didn’t receive my talent point.
If this has happened, please log out and back in again and your missing talent point should reappear. If relogging hasn’t helped, please contact Customer Support, so we can check your character.
Issue: I have a low Frame Rate when I play Villagers & Heroes.
Please try the following to see if it solves your problem:
- First, if you are using a laptop or notebook, please check if you have a low frame rate only when your laptop is running on battery (not plugged in). Some laptops are configured to throttle down performance drastically when using the battery to extend the battery’s run time. If plugging in your laptop or notebook fixes your frame rate problem, then the solution is to either plug in your laptop or switch to maximum performance while using battery in your computer’s options.
- Second, please check if your computer is using the correct graphics device for Villagers & Heroes. Many computers today have an on-board (inferior) graphics chip on their main board in addition to their dedicated graphics card. If your computer is not using the dedicated graphics device, your frame rate will suffer.The following videos explain how to check if your computer uses the correct graphics device for Villagers & Heroes, and how to change it if it doesn’t:
- Finally, please try lowering the graphic detail in the game to see if this improves the Frame Rate:
- Open Menu
- Click on Settings
- Reduce the Graphic Details or click on Advanced and use the sliders (reducing the Visible Distance Slider usually has the greatest impact on performance)
Note: You can check your frame rate in Villagers & Heroes by pressing Shift-Z while playing (or pressing Shift-Y if you are using a keyboard with QWERTZ layout). You can see the Frames-Per-Second in the “FPS” read-out.
Issue: I have lost an item because of a bug or server problem.
If you have lost an item because of a bug or a server crash, please contact Customer Support.
Please tell us exactly what item (or items) you lost, on which character you lost them and when you lost them (if you don’t know, then when you have seen them last) and we will investigate the issue and reimburse your item(s).
If you don’t play on the US server, but still want to use the US Support System, please tell us clearly on what server you are playing, so that we can find your character in our logs and tools.
Issue: When I try to run the game I see a message like: “Unable to initialize graphics drivers”.
This error is usually fixed by installing the latest drivers for your graphics device.
If you want to update your drivers, you may:
- Let Windows do a search for the latest drivers for your card and if this doesn’t work, you can search for them yourself and install them manually.
- If you are not very computer savvy, there are a lot of good instructions on the internet, and there are even YouTube videos, like this one: How to update your Graphics Card Drivers for PCs
If you want to download the drivers manually, we suggest you first try the website for your computer’s manufacturer, and only if they don’t provide any drivers for your graphics card, download them directly from your card’s manufacturer. For this, you will need to know the manufacturer of your card and ideally what card exactly you have (but most manufacturers also have auto-detect apps on their driver download websites nowadays).
Most computers are using some kind of GeForce (made by Nvidia), Radeon (made by AMD), or an Intel HD graphics device/chip (there are other manufacturers of course) and these are the links to the driver download websites:
Dancing on the Backs of Crocodiles!
We really appreciate the players and the community that comes to life around a live, online game. It’s the players that bring a game to life. We hope our efforts are worthy of the loyalty and support our players show us.
Our name was inspired by a video we saw on “Planet Earth™”. A tribe of small otters surround and attack a massive crocodile. The crocodile is too slow to catch the otters. They chase it away from the local watering hole. Quick, adaptive, warm-blooded, and playful—these are the qualities that inspire us.
In Game Reporting
You can report bugs from within the game via the Bug Report Form. This form can be accessed by:
- Clicking on the Menu button in the upper left corner
- Clicking on the Mail button
- Clicking on the Bug Report button at the bottom
Please enter as many details as possible to describe the bug. Ideally, provide steps that will help us to reproduce the bug.
You can get help from your fellow players by posting on the forum in this section:
Please visit the Customer Support and Troubleshooting page here.
You may also send an email to [email protected].
Should be sent to [email protected].
Mad Otter Games
You can contact Mad Otter Games directly on our company contact page.
January 1, 2013
Information We Collect
As a visitor to any of our websites or a user of any of our games, there are several types of information that we collect in order to provide an enriched and functional experience for our users.
1) User-Submitted Personal Information
When registering an account with Mad Otter or for one of Mad Otter’s games, you provide to us personal information. This may include, but is not limited to, your name, email address, password, postal address, and phone number. Throughout your experience on this website and by participation on our forums and in our games, you may continue to submit or upload personal information.
By playing the game, you are explicitly consenting to allow Mad Otter to collect, transfer, store, and use your personal information in the United States and other countries where Twitter and/or Crashlytics (as applicable) operate.
2) Log Files and Analytics
The servers on which Mad Otter’s games and websites reside contain automated processes that collect information sent from users and users’ computers and devices. This information may include, but is not limited to, user communications, browser type, computer system information, pages viewed, referring sites, and Internet Protocol (“IP”) addresses. We also track and record user-actions, for example, when a user starts playing a game, when a user stops playing, what actions a user takes during a play session, etc. These are examples only, and there are many other user actions that we track and record.
Mad Otter websites set cookies. These are parcels of text sent to and from the web server and stored on the user’s machine to identify the unique user. They are used for authentication and analytics purposes. Upon closing your browser, a persistent cookie will remain on your machine, storing data related to your login information if you voluntarily choose to have it do such. The site also sets a session cookie, used during a visit to this website. Upon closing your browser, this session cookie will be destroyed. This site is accessible with cookies disabled; however some features of the site may not work properly if you disable cookies.
On Mad Otter’s websites and in Mad Otter’s games, we provide various means through which you may communicate with others, post opinions, express yourself, and communicate with other users and with Mad Otter and our partners. These means include, but are not limited to: articles, forums, in-game “Chat” and “Mail”, voluntary surveys, and Bug Reports. These communications are archived on our servers in log files.
5) Credit Reports
Mad Otter reserves the right to obtain information about credit ratings on the basis of mathematical-statistical processes (score value) from credit agencies. The credit agencies store the information and transfer them to Mad Otter in order to give Mad Otter information for the assessment of the creditworthiness of natural persons. The contractual partners of the credit agencies are mainly credit institutes, credit card and leasing companies. In addition, the credit agencies provide information to retail, telecommunications and other companies that supply goods and services on credit. The credit agencies only make personal information available in individual cases if a legitimate interest in them can be credibly demonstrated. The credit agencies release details of addresses to identify debtors. In providing information, the credit agencies may also give their contractual partners a probability value calculated from their information bases for the assessment of the credit risk (scoring process).
How We Use this Information
Mad Otter uses the information it collects to improve its products and services. In some cases, this is to provide a better and more satisfying experience for our users, and in other cases to help our business function more efficiently and effectively.
Mad Otter uses the information we collect for the following purposes:
- finding bugs
- system integrity (the prevention of hacking, cheats, “bots” (automated processes on a user’s computer that allows the user to gain an advantage over other users), etc.)
- determining what users like, don’t like, and how much so that we can improve our product so that more users continue to play, play more often
- determining what services and virtual goods users like so that we can improve our revenue
- to improve our products and services
- (in the case of credit ratings and credit reports) to determine the creditworthiness of its users.
Mad Otter does not collect any information that provides details of racial or ethnic background, political opinions, religious or philosophical beliefs, membership in trade unions, health, or sexuality unless the users reveal these voluntarily in their communications with Mad Otter.
Statistical information is only matched with users’ personal information if this is necessary to prevent or expose infringements of the law and breaches of contract. Should Mad Otter establish that a user has breached his or her contractual obligations, Mad Otter explicitly reserves the right to match the IP address of the user concerned with other information that Mad Otter holds about this user, in order to bring this breach to the user’s attention. Otherwise the information shall only be evaluated anonymously.
When Your Information Is Disclosed
When you post on our websites, in our forums, send mail to other users, and use chat within our games, you should be aware that your communications are visible to other users. Mad Otter recommends that users consider carefully what they put in their communications and to whom they are sent.
User Communications on Mad Otter websites and games are not monitored at all times by Mad Otter, therefore we are not responsible for all the communications from users. Nevertheless, Mad Otter reserves the right to delete entries at its own discretion and to exclude users from further use, in particular if entries constitute criminal offenses or are incompatible with the aims of Mad Otter.
Mad Otter websites use Google™ Analytics, a web analysis service of Google™. Google™ Analytics uses so-called “cookies”, text files which are saved on your computer and which make an analysis of your use of the website possible. The information on your use of the website produced by the cookies (including your IP address) are communicated to a Google™ server in the USA and saved there. Google™ will use this information to evaluate your use of the website, to assemble reports on the website activity for the website operators and to provide further services connected to the use of the website and the internet. Additionally, where required, Google™ will pass on this information to third parties if it is statutory or in case third parties process this information by order of Google™. Not on any account will Google™ connect your IP address to other Google™ information. You can avoid the installation of cookies through settings in your browser software; however, we point out that in this case, you might not be able to use all the website’s features in its entirety. Using this website, you automatically comply with the processing of the information collected by Google™ in the above described manner as well as its purpose.
As with any business, your personal information is an asset of Mad Otter. Therefore, it will become part of our normal business records. As such, we may disclose your personal information to a third party if we decide to sell a line of business to that third party, so you can continue to receive service and information in connection with that line of business with as little disruption as possible. Similarly, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your personal information may be transferred to Mad Otter’s successor or assign.
Your name and email address will not be disclosed or used for any third-party commercial or marketing campaigns without provided consent from individuals registering an account under that corresponding name and email address.
We may release personal information in the good faith belief that doing such is necessary in order to comply with local, state, and federal laws, to enforce our Terms of Service, to take precaution against third party accusations or allegations concerning liability, and to ensure the safety of Mad Otter websites and games or any of its users.
In addition, Mad Otter may reveal information to verify, prevent or initiate appropriate countermeasures against illegal activities or suspicion of fraud or to assert or apply Mad Otter’s contractual and license rights.
Important Additional Information
Mad Otter Games, inc. is incorporated in the United States of America in the State of Oregon.
Mad Otter Games
40 East Broadway, Suite 210
Eugene, OR 97401
Damon Slye, President
Email: [email protected]
Commissioner for the Protection of Youth: Martin Hirte
Email: [email protected]
Data Protection Commissioner: Konstantinos Skrimizeas
Email: [email protected]
Websites linked to from this website through so-called hyperlinks are being operated by third-party providers. We are not responsible for the contents of these websites from third-party providers.
Terms Of Service
THIS Agreement IS A LEGALLY BINDING CONTRACT. PLEASE READ IT CAREFULLY. Mad Otter Games, Inc. (hereinafter “Mad Otter”) is happy to provide you access to our online service for use with the Villagers & Heroes™ game software (together with any updates, hereinafter “Game Client”). After installing the Game Client on your device (computer, PC, mobile device, smartphone, tablet, smart TV, hereinafter “device”), you may connect to the game servers (hereinafter “Game Servers”) that Mad Otter and its affiliate partners operate. Together, the Game Client, the Game Servers, and the additional services in connection with them, make up the massively multiplayer online role-playing game Villagers & Heroes™ (hereinafter “Game”). This Terms of Service Agreement (hereinafter “Agreement”) govern your use of the Game. By connecting to or using the Game Servers or running the Game Client, or accessing one of the websites associated with the Game (www.VillagersandHeroes.com) you agree to be bound by the terms of this Agreement.
§ 1 Area of application
1.1 Mad Otter provides Users with services furnished in connection with the Game solely on the basis of this Terms of Service Agreement (hereinafter “Agreement”).
1.2 The Game rules and participation requirements of the Game are published on the website www.VillagersandHeroes.com. Upon participation, the User also acknowledges these Game rules and participation requirements as binding.
1.3 Users are not entitled to assign their rights arising from this contractual relationship to any third party.
§ 2 Subject matter and scope of services
2.1 Mad Otter facilitates the User’s participation in the Game, provided the User has the necessary equipment and services (e.g., a device that meets the minimum requirements, an Internet connection, etc.).
2.2 The User is completely responsible for the cost of all Internet and telephone access charges along with all necessary equipment, servicing, and repair incurred by running the Game Client and/or connecting to the Game Servers.
2.3 For playing the Game, the User must be connected to the particular server of the Game by means of an authorized and unmodified Game Client. Mad Otter makes available client software for download by Users.
2.4 The User is responsible for maintaining his or her device in a condition that permits the use of the Game. This means that the device possesses an appropriate Internet connection and the minimum system requirements for the Game.
2.4 For the basic version of the game, the use is free. However, Users have the option, with payment, to acquire virtual currency for the Game, which may be exchanged for virtual objects and/or other additional functions. Virtual currency and virtual objects do not represent a real-world currency nor real-world items. Mad Otter does not assign to Users ownership of virtual currency, nor ownership to virtual objects, but solely a usage right, where the duration and extent depend on the particular virtual object.
2.5 The Game is being constantly developed, updated, and modified. The authorization for participation exists only for the current version of the Game. Mad Otter reserves the right to, at any time, discontinue, limit or change the operation of the Game or individual features of the Game in whole or in part, without a statement of the reasons.
§ 3 Eligibility
3.1 Those entitled to participate are only those persons who are an adult in his or her country of residence, or whose parent or guardian have consented to the use.
3.2 Upon registration for participation in the Game, the User warrants his or her age, legal capacity and/or, if he or she is a minor, the presence of the consent of his or her parent or guardian.
3.3 Participation in the Game is solely for the purpose of amusement. Users may not use the Game for commercial purposes.
§ 4 Registration process and entering into force of contracts
4.1 The User must fill out all fields marked as “required” in the registration form. All data in the registration form, regardless of whether voluntary or required, must be correct. Upon registration, the User must indicate his or her own e-mail address, under which he or she is able to be contacted.
4.2 The User explicitly grants to Mad Otter and its affiliates the right to communicate with the User via email, which includes, without limitation, the right to send the User newsletters. The user will have the option to unsubscribe from the Newsletter, however even after the User unsubscribes from the Newsletter, Mad Otter reserves the right to contact the user via his or her email address for purposes outside of the Newsletter.
4.3 Upon the submission of his or her registration, the User makes an offer for the conclusion of a use contract. However, a contract does not come into existence by filling out and submitting the registration form, but only upon the acceptance of the User’s offer by Mad Otter. Mad Otter shall confirm the receipt of the User offer in an electronic manner to the e-mail address indicated by the User. The confirmation of receipt does not constitute acceptance of the User’s offer. However, it may be connected with the notification of acceptance. The acceptance may take place expressly or through the first fulfillment action by Mad Otter. The User has no right to the conclusion of a contract, nor to the establishment of an Account, nor to participation in the Game.
4.4 Each User may open and use only one Account per Game. The opening of several Accounts for the same Game by the same User (so-called “multi-accounts”) is prohibited.
4.5 The User selects a member name during his or her registration, under which he or she is known to the Game, to Mad Otter, and to other Users. A User may also have the opportunity to name his or her characters, guild, village, pets, animals, and create a guild and village slogan. Any of the preceding that are defamatory, obscene, racially or ethnically offensive, libelous, inciting, a mockery or imitation of a Villagers & Heroes™ player or NPC, a misspelled variation or homonym of any of the preceding, or any name that is contrary to the law is prohibited. Any violation entitles Mad Otter to immediately rename and/or block the User. Mad Otter has the final say over what constitutes a violation of the naming policy.
4.6 The User may not transfer his or her Account to a third party without prior written consent from Mad Otter.
§ 5 Assignment
5.1 Mad Otter may assign this Agreement, in whole or in part, to any person or entity at any time with or without the User’s consent. A User may not assign this Agreement without Mad Otter’s prior written consent, and any unauthorized assignment by a User shall be null and void.
§ 6 Terms and conditions of use
6.1 The Game is made available to Users only within the framework of use as set forth in this Agreement.
6.2 Registered Users must be connected to a server through a Game Client under their member name and their personal password. The automated opening of Game Accounts is not permitted. The connection to the server is only permitted via the official, authorized, and unmodified Game Client made available by Mad Otter.
6.3 The User is not entitled to apply mechanisms or software to the website, to the Game Client, nor to the Game Servers, which could disrupt the function or process of the Game. The User may not engage in measures that could have the consequence of an unreasonable or excessive burden on the technical capacities of Mad Otter. In particular, the User is prohibited from blocking, overwriting or modifying contents generated by Mad Otter. Any attempt the User to disrupt the Game, the Game Client, the website, or disrupt the Game Servers may be a violation of criminal and civil laws.
6.4 The User is not permitted to add elements to the Game software, nor to change, nor delete or modify in any other form elements of the Game software unless Mad Otter has previously issued its express written consent to this. In particular, the User is not permitted to copy, extract or otherwise use graphic elements, or to attempt to decode the source code of the software.
6.5 The User is not authorized to use the Game for commercial or illegal purposes.
6.6 Any use, reproduction, modification, or distribution of the Game not expressly authorized by this Agreement is expressly prohibited.
6.7 The User may not use nor apply any software or hardware application that makes it possible for him or her to influence the Game status or the Game process or receive services that he or she could otherwise acquire only at a fee. The User is specifically prohibited from using hacks, cheats, automation software (bots), mods or any unauthorized third-party software or hardware that modifies the experience of the Game.
6.8 The User may not use any unauthorized software or hardware that intercepts or collects information through or from the Game, the Game Client, or the Game Servers, including without limitation anything that reads areas of RAM used by the Game, with the sole exception that is explicitly allowed that the User may take screenshots and videos of the Game.
6.9 The User is expressly prohibited from selling, purchasing, leasing, renting, or duplicating for a third party virtual objects or virtual currency – regardless of the form – within and/or outside of the Game.
6.10 The User is prohibited from transmitting or posting any content of any form, including without limitation via the Game forums, Game chat, Game website, Game mail, etc., that is defamatory, obscene, vulgar, racially or ethnically offensive, sexist, harassing, libelous, harmful, threatening, hateful, or unlawful, along with content that is likely to violate the rights of any third party. Nor may the User use a misspelling or an alternative spelling to circumvent the restrictions listed above. Users are likewise prohibited from disseminating through the Game commercial advertising for products and/or programs of any third party; and works of any third party that are protected by copyright or other rights without that third party’s consent and authorization.
6.11 The User may not impersonate any real person.
6.12 The User may not participate in any action that, in the sole and absolute opinion of Mad Otter, results or may result in another user of the Game being cheated, scammed, or defrauded of any virtual object, virtual item, or virtual currency (“gold”).
§ 7 Handling of payments
7.1 Users are granted the option of receiving, in exchange for a payment of a fee, virtual currency, which may be exchanged for virtual objects and/or additional functions that are not available in the Game in the free basic version and/or must be paid for. The offered virtual objects and additional functions that are subject to costs make it possible to use certain additional functions during certain periods in conformity with the rules of the particular Game.
7.2 Since the Game is continually subject to ongoing development, Mad Otter reserves the right to offer new additional functions and/or virtual objects, and/or to remove them from the offer, to modify them, or to make them available in the free basic version. If the User has already furnished payments for virtual objects and/or additional functions for a future period, and can no longer use these for the preceding reasons, Mad Otter shall, at the option of the User, offer as a substitute different virtual objects and/or additional functions for the Game and/or provide proportional reimbursement to the User for the amount that was paid. In such cases, the User is free to terminate this Agreement with immediate effect. Additional claims of the User are barred.
7.3 The fees for virtual currency are due in advance for payment upon the conclusive confirmation of the order by the User. The payments that are due are typically deducted from the bank account and/or through a credit card indicated by the User, or furnished by means of suitable payment systems.
7.4 Mad Otter is entitled to lower the prices for virtual currency, virtual objects and/or additional functions permanently or for a limited time, and to offer new products, services or accounting options permanently or for a limited time.
7.5 In the event of default, Mad Otter is entitled to require interest in the statutory amount. Furthermore, Mad Otter is entitled in the event of default to discontinue the services and to immediately block the Account of the User.
7.6 If, through any fault of the User or through a lack of account coverage that is attributable to the User, reversal debits and/or cancellation fees arise for Mad Otter through the subsequent cancellation of direct debits, the User has to bear the costs arising from this. Mad Otter is entitled to demand such costs together with the original fee from the account of the User through repeated deductions. If the payment of the fees takes place through direct debit or credit card collection and if return direct debits arise, Mad Otter shall charge a processing fee in the amount of $15 U.S. Dollars for each direct debit / credit card collection, plus the bank fees that have accrued for Mad Otter, if the User does not prove that the losses that arose were smaller.
7.7 Users may engage in a set-off against Mad Otter only with undisputed or legally established counterclaims. They may exercise a right of retention only if their counterclaim is based on the same contractual relationship. The assignment of their claims against Mad Otter to a third party is barred.
§ 8 Contractual term and termination
8.1 This Agreement between the User and Mad Otter is entered into for an indefinite period of time.
8.2 The User may terminate this Agreement at any time for any reason or for no reason by deleting the Game Client and terminating all Mad Otter and Game accounts registered to the User. In the event that the User terminates or breaches this Agreement, he or she will forfeit his or her rights to a refund for any virtual objects or virtual currency he or she may have.
8.3 Mad Otter may terminate this Agreement at any time for any reason or for no reason, with or without notice to you. For the purposes of explanation and not limitation, most terminations are the result of a User’s violation of this Agreement.
8.3 Sections 7, 9, 12, 13, 16, and 17 shall survive any Termination of this Agreement.
§ 9 Ownership
9.1 All rights and title in and to the Game and contents of the respective websites are owned by Mad Otter or its licensors. These include without limitation logos, copyrights, trademarks, themes, stories, dialogue, catch phrases, characters, character names, user accounts, transcripts of the forums and chat, recordings of the Game, methods of operation, computer code, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, and moral rights. Any impermissible utilization, dissemination, duplication or other violation of the commercial property rights or copyrights of Mad Otter are pursued under civil law and/or criminal law.
9.2 The User acknowledges and agrees that he or she has no ownership or other property interest in any account stored or hosted on a Mad Otter system, and the User further agrees that all accounts are owned by Mad Otter.
§ 11 Responsibility for third party content
11.1 For communication between Users, Mad Otter makes available a platform over which they may communicate with each other. Each User is responsible for the contents of all of his or her communications and all contents that are published by the User on the Internet site. Mad Otter does not treat such content as its own, nor does it consent to it. The same applies to any content that violates the rights of third parties in any manner. Violations may lead to the immediate deletion and/or blocking of content and/or the Account and to the termination of the User. To the extent that, on the platform, links are made available to other sites that are operated by third parties, Mad Otter is not responsible for the contents of the linked sites. Mad Otter does not control these sites, and expressly disassociates itself from their contents.
§ 12 DISCLAIMER OF WARRANTIES
12.1 DISCLAIMER OF WARRANTIES. THE GAME IS MADE AVAILABLE ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY.
12.2 If Users become aware of defects or bugs in the Game, Users may inform Mad Otter of these through various means (e.g., the in-game “Bug Report”, the Game forums, etc.). In most cases, Mad Otter will attempt to correct these defects in a timely manner. However, Mad Otter will have final say on what constitutes a defect or bug. Further, as stated in 12.1, Mad Otter does not warrant that it will fix any specific defect or bug.
§ 13 Limitation of Liability
13.1 In no event shall Mad Otter, its licensors, or its affiliates be liable for damages other than those caused by gross negligence or an intentional act.
13.2 In no event shall Mad Otter, its licensors, or its affiliates be liable for any indirect, incidental, special, exemplary, punitive, liquidated, or other consequential damages arising from the User’s use of the Game. The preceding limitations shall apply to the maximum extent permitted by the law. In no event shall Mad Otter’s liability exceed $50.
§ 14 Conduct obligations and duties of Users
14.1 The primary obligation of the User is the payment of a fee that possibly accrues. An additional primary obligation of the User is the obligation to provide the correct and full disclosure of information that Mad Otter asks for from the User upon the conclusion of a contract or in the continuation of the contractual relationship. The User warrants that the information regarding his or her identity or other circumstances relevant to the Agreement (particularly bank account and credit card number) that is provided within the framework of the contractual offer or the conclusion of the contract or in the continuation of the contractual relationship is complete and correct.
14.2 Users are aware that they are playing the Game together with numerous other Users, and/or that they are communicating with various Users over the additional services. In order to facilitate vigorous interaction, observance of the rules is necessary. Users acknowledge the Game rules and the participation requirements of the Game as binding. Users shall comply with the instructions of Mad Otter or one of its designate representatives. In all other respects, Users shall refrain from any action that disturbs the Game and the additional services and the vigorous interaction. The User is particularly obligated to not bring in and/or transmit into the Game any content that is against the law or public policy. This particularly includes content that spurs racial hatred, is likely to endanger the moral welfare of children or teenagers or impairs them in their well-being, or could damage the reputation of Mad Otter.
14.3 Upon any contravention of the User of number 14.2, Mad Otter itself is entitled to delete the information uploaded by the User. In particular, Mad Otter is entitled to delete uploaded information if there is specific evidence for a violation of this Agreement, the Game rules or the participation requirements, or if the uploaded information is otherwise illegal.
14.4 Upon any contravention of the User, Mad Otter is also entitled to, after previous warning and the threat of blocking, temporarily block the access of the User to his or her Account. A warning with the threat of blocking is unnecessary if there are special circumstances that justify the immediate blocking of access under consideration of mutual interests. Mad Otter is to inform the User of the reason for the blocking. The same applies in the event of any abusive use of a credit card, use of incorrect credit card information and the indication of incorrect data in the event of participating in the direct debit procedure. The blocking of access includes Mad Otter immediately removing from the database and from the websites all contents and information that originate from the blocked User.
14.5 If the access is blocked, Mad Otter shall reimburse (proportionately) the User for the use fees that were already paid. Upon a justified blocking of access, Mad Otter may charge a processing fee of USD $15. The User is free to prove that losses did not arise or were substantially lower.
14.6 There is no right to the restoration of the deleted information.
14.7 Users are obligated to keep strictly confidential and not disclose to any third party the access data (login data, passwords, etc.) received for the access to the Game, unless Mad Otter has previously consented in writing to the assignment of the Account. Users may not under any circumstances use the Account, the registration name, nor the password of another User without authorization. If a third party uses an Account after he received the access data because the User did not sufficiently secure this against external access, the User must allow himself or herself to be treated as if he or she himself or herself had acted in such a way.
14.8 Users are obligated to immediately inform Mad Otter as soon as they gain knowledge of the fact that any unauthorized third party is aware of their access data. Mad Otter points out that, for security reasons, passwords should be changed regularly.
14.9 In the event of a justified suspicion that access data has become known to an unauthorized party, for security reasons, Mad Otter is entitled, but is not obligated, to independently change the access data at its sole discretion without previous notification and/or block the use of the Account. Mad Otter shall inform the entitled User of this, and upon request shall communicate the new access data within a reasonable period. The User does not have a right to have the original access data restored.
14.10 Mad Otter secures its systems against virus attacks. Nevertheless, a virus attack can never be completely ruled out. In addition, it may occur that unauthorized third party e-mails are sent using the name of Mad Otter without the consent of Mad Otter, which contain (for example) viruses or so-called “spyware” or link to Web contents that contain viruses or spyware. Mad Otter has no influence on this. As such, Users should examine for viruses all received e-mails that are sent under the name of Mad Otter. This also applies to e-mails of other Users.
14.11 Mad Otter is not responsible for damages or data losses that may arise on the devices of Users from the installation of software that did not originate from Mad Otter.
14.12 Occasionally, Mad Otter may need to communicate with Users via email. Therefore, each User must ensure that he or she is able to be reached by e-mails that are sent by Mad Otter to the e-mail address indicated by the User upon registration or subsequently communicated to Mad Otter. Among other things, he or she shall provide for corresponding adjustments to spam filters and regularly check this e-mail address. In all other respects, Mad Otter reserves the right to select another form of correspondence.
§ 15 Changes to the Agreement
15.1 Mad Otter reserves the right, at its sole and absolute discretion, to change, amend, modify, add to, or delete any of the terms in this Agreement at any time.
15.2 For purposes of explanation and not limitation, any change, amendment, or modification to the Agreement will typically be announced through publication by e-mail or on the website of the Game or within the Game.
15.3 If any future changes to this Agreement are unacceptable to the User or cause the User to no longer be in compliance with this Agreement, the User must immediately stop using the Game, and should remove the Game Client from his or her device. The User’s continued use of the Game following any revision to this Agreement constitutes the User’s complete and irrevocable acceptance of any and all such changes.
§ 16 Concluding provisions
16.1 If a party delays, waives or refrains from the enforcement of its rights within the framework of this Agreement, or grants grace periods to the other party, this does not impair the existence of the particular right.
16.2 Severability. If any individual provision of this Agreement is or becomes ineffective, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.
16.3 Indemnification. The User agrees to defend, indemnify and hold harmless Mad Otter, its licensors, and its affiliates from and against any claim, liability, injury, damage, loss, or expense (including attorney’s fees) incurred as a result of, arising from, or relating to your use of the Game.
§ 17 Governing Law
17.1 This Agreement shall be governed by and construed under the laws of the United States of America and the law of the State of Oregon, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17.2 Those who choose to access the Game from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, this Agreement shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
THE USER HEREBY ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTOOD THIS AGREEMENT AND AGREES THAT HIS OR HER USE OF THE GAME IS AN ACKNOWLEDGEMENT OF HIS OR HER AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Mad Otter Games, Inc.