

Terms and conditions of Pearl Lands

When you sign up and play Pearl Lands, you are acknowledging that you have read and accept the terms and conditions and privacy policy.





Terms of Use

1. Subject of Terms of Use, scope of application



1.1 The terms below govern the use of online games and other services provided by Miharo Games LLC on its web pages such as Pearl Lands (www.pearllands.com)

By registering or logging in on the Miharo Games LLC portal pages, users enter into this user agreement with Miharo Games LLC for all online games.



1.2 These Terms of Use fully supersede previous versions of Miharo Games LLC’s Terms of Use.



1.3 Miharo Games LLC provides online games and other services subject to its technical and operational capabilities at an annual mean rate of availability of 98.0%, not including periods during which the use of online games and other services is disrupted or restricted for compelling technical reasons or as a result of maintenance needed, for which Miharo Games LLC bears no liability under the terms hereof.



1.4 Miharo Games LLC develops, updates and otherwise adapts its online games and other services on an ongoing basis. Accordingly, users may only participate in the online games and services in their then-current versions.



1.5 The online games and services offered by Miharo Games LLC are provided for entertainment purposes only and may not be used for financial reward or commercial purposes.



1.6 It is the user’s responsibility to ensure the compatibility and suitability of any software and hardware used.



1.7 In addition to these Terms of Use, the rules of online games apply, if any. Insofar as these Terms of Use conflict with game rules, the terms hereof prevail. Individual online games, including but not limited to variations and/or components thereof, as well as individual services on Miharo Games LLC’s web pages are further subject to special terms of use, which are disclosed to users prior to use.





2. Closing



2.1 In order to use online games and other services offered by Miharo Games LLC, users must register.



2.2 Only individuals are permitted to register, and only individual persons (not groups, families, live-in partners, etc.) are admitted as users. Users who are minors represent and warrant that they obtained their legal guardian’s consent prior to registering.



2.3 When registering, users must provide a player name as well as an email address registered to them. Users hold no right to use a player name of their choice. Player names must not violate third-party rights or be offensive in nature. In addition, no email address or URL may be used as a player name. Users represent and warrant that the information they provided when registering with Miharo Games LLC is accurate and complete.



2.4 Users must register in person; they cannot be registered by third parties, including but not limited to those that register individuals with various tele-services in a commercial capacity (registration services).



2.5 Registrations are approved on the Miharo Games LLC portal and online game pages by means of a confirmation email, which provides users with an activation link. In these cases, Miharo Games LLC activates the user’s / player’s account if and when the activation link is clicked. Once Miharo Games LLC has activated an account or admitted a user, such user and Miharo Games LLC enter into a user agreement for an unlimited period of time subject to these terms. In some cases, the registration process may deviate from the procedure outline above, in which case the user will be alerted in a suitable manner.



2.6 User accounts cannot be transferred without Miharo Games LLC’s express consent.



3. User’s obligations



3.1 User data



Users undertake to notify Miharo Games LLC of all future changes to the information they provided as part of the registration process, including but not limited to changes to their email addresses. Users are obligated, upon Miharo Games LLC’s request, to confirm that their information is accurate.



3.2 Login info, IDs, passwords



3.2.1 Users are obligated to hold their login information, IDs and passwords in strict confidence. Users must not enter login info on web pages other than those operated by Miharo Games LLC.



3.2.2 The terms “login info,” “IDs” and “passwords” refer to the combinations of letters and/or characters and/or numbers used to authenticate users and prevent unauthorized third-party access. Passwords should not be identical to the player name and ideally combine numbers and letters.



3.2.3 Users are obligated to protect login info, IDs and passwords against unauthorized third-party use.



3.2.4 In the event that users have reason to believe that third parties have obtained, or might have obtained, such data without authorization, they must immediately notify Miharo Games LLC and change their data or have Miharo Games LLC change it. In this case or in the event that Miharo Games LLC has reason to suspect unauthorized use of data, Miharo Games LLC is entitled to temporarily block such users’ access. Access privileges shall be restored once unauthorized use of data is no longer suspected.



3.2.5 Under no circumstances are users entitled to use the login data of other users, unless the rules of the game provide for exceptions.



3.3 Use of Pearl Lands web pages and web-page contents



3.3.1 Pearl Lands web pages offer contents of all kinds that are protected for the benefit of Miharo Games LLC or third parties under trademark, copyright and other laws. Unless these Terms of Use specifically provide otherwise, users are not entitled to process, duplicate, distribute, publish or use for advertising or extra-contractual purposes Pearl Lands web pages or any content provided thereon. Duplication is permitted only for technical reasons and browsing purposes. Ongoing duplication is restricted to private purposes. Copyright and trademark information must not be changed, suppressed or removed.



3.3.2 “Contents” refer to all data, images, texts, graphics, songs, tones, tone sequences, videos, programs, software codes and other information provided by Miharo Games LLC on its web pages, including but not limited to services offered for download.



3.3.3 Users undertake to refrain from (i) taking any action endangering or disrupting the functionality of Pearl Lands web pages or any service offered thereon, and (ii) accessing restricted data without authorization. The contents offered may be viewed only in a manner compatible with other users’ enjoyment of Miharo Games LLC’s web pages and contents. Data or software capable of affecting a recipient’s software or hardware must not be transmitted.



3.3.4 The use of Pearl Lands web pages for commercial purposes, including but not limited to advertising, is subject to Miharo Games LLC’s express prior written consent.



3.3.5 Users hold no right to publish contents on Pearl Lands web pages.



3.3.6 Pearl Lands web pages may not be accessed using an anonymization service obscuring the user’s actual IP address.



3.4 Links



It is permitted to link to Miharo Games LLC’s web pages or Pearl Lands web pages so long as links serve cross-reference purposes only. Miharo Games LLC reserves the right to revoke its permission. It is not permitted to incorporate or represent Miharo Games LLC’s web pages or contents into or in a frame using a hyperlink.



4. Special terms for use of online games



4.1 Unless the rules of the game provide for exceptions, users are restricted to a single user account per round (e.g., World, Universe, etc.). The use of multiple user accounts is not permitted, and Miharo Games LLC may, at its option, delete or block multiple user accounts at any time.



4.2 Users are prohibited from manipulating or disrupting online games. In particular, users must not employ measures, mechanisms or software that may interfere with a game’s function or intended course. Likewise, users must not adopt measures that may burden the technical capacities to an unreasonable or excessive degree. Users are not permitted to block, overwrite or modify contents generated by the game authority or otherwise interfere with online games.



4.3 Users are further prohibited from accessing online games (including any individual web page) using programs other than a web browser or the client program provided. This is especially true for so-called bots and other tools designed to replace or change Web interfaces. Also prohibited are scripts and fully or partly automated programs giving users a competitive edge over other players, including auto-refresh functions as well as other integrated web-browser mechanisms where automated actions are concerned.



4.4 Under no circumstances may users:



a) create or use cheats, mods and/or hacks or use other third-party software altering the experience of online game players;



b) employ software for the purpose of mining data or otherwise “catch” or collect information related to online games;



c) buy or sell for “real” money, exchange or otherwise put virtual items used in online games to use outside of such online games, including by way of circumvention, similar methods or actions the effects of which fall under the aforementioned restrictions.



4.5 The use of tools to suppress ads is prohibited. For this purpose, it is of no consequence whether only specific ads are suppressed or so-called pop-up blockers or text-based browsers are used to prevent ads from being displayed.



4.6 Users may log in only on a game’s start page or the Miharo Games LLC portal page. User accounts must not be opened automatically regardless of whether the start page is displayed.



4.7 All rights to the virtual items provided in online games against a fee inure to the sole benefit of Miharo Games LLC and/or its authorized contractual partners. The same is true for virtual items created by users, who grant Miharo Games LLC, throughout the world, in perpetuity and without limitation, an exclusive right of beneficial use to such items, which encompasses their duplication, distribution and processing. Users merely hold a non-exclusive right of beneficial use to such items, which is limited to the term of the agreement.



5. Special terms for use of means of communication on Miharo Games LLC’s web pages



5.1 Miharo Games LLC may provide, but users are not entitled to, various means of communication (including but not limited to discussion forums, chats, blogs, guest books, etc. as well as comment functions) for users to post their own contents and contributions on Miharo Games LLC’s web pages. Users are permitted to take advantage of such means to the extent available. Miharo Games LLC merely facilitates an exchange of information by technical means.



5.2 Users are solely responsible for any content and contribution they introduce and undertake to indemnify and hold Miharo Games LLC harmless from and against third-party claims. While Miharo Games LLC specifically does not claim ownership of user-posted comments, users grant Miharo Games LLC a permanent, irrevocable and non-exclusive right to use contents and contributions posted by them. Miharo Games LLC stresses that it does not actively monitor user contents posted on its pages. Instead, it randomly samples such contents, and each user has the option to report posts to Miharo Games LLC that may violate applicable law, in which case Miharo Games LLC will respond as quickly as possible and edit or delete flagged contents to the extent necessary.



5.3 Users are prohibited from using any tool, including but not limited to the means of communication available on Miharo Games LLC’s web pages, to publish or distribute contents thereon that:



a) violate applicable law or prevailing moral or ethical standards;



b) infringe upon third-party trademarks, patents, industrial and other registered designs, copyrights, trade secrets or other third-party rights;



c) are obscene, racist, pro-violence or pornographic in nature or otherwise endanger the wellbeing or character of children and youths;



d) are offensive, harassing or libelous in nature;



e) contain chain letters or snow-ball systems;



f) wrongly create the impression of having been posted or endorsed by Miharo Games LLC;



g) refer to personal data of third parties without such parties’ express consent; or



h) are commercial in nature and/or serve advertising purposes.



5.4 URLs, companies or products must not be named if and to the extent that they are primarily mentioned for advertising purposes.



5.5 All users of the means of communication provided on Miharo Games LLC’s web pages are obligated to express themselves in a non-offensive manner and to refrain from ridiculing or otherwise attacking others.



5.6 Irrespective of its other rights under these Terms of Use, Miharo Games LLC is entitled to edit or delete any part of contents and contributions posted in violation of these rules. Miharo Games LLC is further entitled to temporarily or permanently exclude from the use of online games, access to Miharo Games LLC’s web pages and other services any user violating these rules.



6. Consequences of breach of duty



6.1 Miharo Games LLC is not liable for damages resulting from breaches of duty attributable to users.



6.2 Irrespective of all other legal and contractual rights, Miharo Games LLC may, at its option, take the following actions in the event that users culpably violate applicable law, third-party rights, these Terms of Use or any applicable game-specific provision or rule:



a) edit or delete content;



b) issue user warnings;



c) flag misconduct in relevant online games and identify responsible users;



d) temporarily or permanently deny users access to any Miharo Games LLC game and/or web page;



e) exclude users;



f) issue temporary or permanent bans for all of Miharo Games LLC’s web pages in cases of violations of Section 6; or



g) terminate user agreements with immediate effect.



6.3 Users who have been banned or excluded cannot re-register without Miharo Games LLC’s prior consent and hold no right to have the ban, exclusion or other restrictive measure lifted.



7. User fees



7.1 Unless specifically noted otherwise, the use of online games and other services is free of charge.



7.2 However, users may purchase certain services and features available as part of the online games, in which case they will be separately notified, in connection with such games, of the nature of such features, including but not limited to their functions, periods of availability, costs as well as methods of payment.



7.3 Minors wishing to purchase features represent and warrant that the funds used to pay for such features were made available to them for this purpose, or placed at their disposal, by their legal guardians.



7.4 The applicable rates are due and payable upon closing, with payment typically being collected by the service provider handling the payment process. Payments may be collected a few days in advance to ensure the uninterrupted availability of services. Terms & conditions imposed by such service providers, if any, apply in addition to these Terms of Use.



7.5 Users represent and warrant that any information provided as part of the payment process (including but not limited to bank information, credit card numbers, etc.) is true and accurate.



7.6 The methods of payment vary depending on the online game, user country as well as the means and technologies available. Miharo Games LLC reserves the right to amend the methods of payment at any time.



7.7 Miharo Games LLC further reserves the right to change the fees for internal game features (including virtual currencies), which encompasses the right to lower or raise the rates for individual internal game features for future feature purchases.



7.8 In the event of default, interest accrues at the legal rate. Miharo Games LLC is further entitled to block the account of any user in default, to demand additional damages or suspend its services to such user.



7.9 If, through a user’s fault, Miharo Games LLC incurs (check) cancellation fees (e.g., as a result of insufficient user funds), such user shall bear any related costs, and Miharo Games LLC may include such costs and fees when debiting the charges again.



8. Limitations of liability



8.1 With respect to their infringement upon third-party rights, users are directly liable to such third parties and undertake to indemnify Miharo Games LLC against all damages it incurs as a result of non-compliance with the duties set forth in these Terms of Use. Users hold Miharo Games LLC harmless from any claim asserted against Miharo Games LLC by other users or third parties on the basis of the violation of their rights by user contents or other breaches of duty, and they shall bear the costs of Miharo Games LLC’s legal defense, including court and attorney’s fees, provided the violation of applicable law is attributable to them.



8.2 Irrespective of legal grounds (breach of contractual duty or tort), Miharo Games LLC’s liability is conclusively subject to the following provisions:



8.2.1 Insofar as Miharo Games LLC provides the service triggering liability free of charge, Miharo Games LLC is liable for intentional misconduct and gross negligence only.



8.2.2 For services provided against a fee, Miharo Games LLC bears unlimited liability for intentional misconduct and gross negligence in cases of bodily injury; in the event of slight negligence, however, Miharo Games LLC’s liability is limited to breaches of material contractual duties as well as default and instances of impossibility attributable to it. Its liability for violations of such material contractual duties is limited to the typical amount of damages it should have anticipated at the closing on the basis of the circumstances of which it was then aware. “Material contractual duties” in the aforementioned sense refer to duties that are essential to the proper implementation of the agreement and the realization of its object and are reasonably relied upon by users.



8.2.3 Miharo Games LLC accepts no liability for network disruptions it did not cause.



8.2.4 Subject to the foregoing paragraphs, Miharo Games LLC’s liability for the loss of data is limited to instances in which users could not have avoided such loss by means of appropriate data-security precautions



8.2.5 The above limitations of liability do not apply in cases (i) in which Miharo Games LLC made express warranties, (ii) of deception, (iii) of damages resulting from injuries to life, body or health and (iv) in which applicable law mandates otherwise.



9. Term, deletion of user accounts



9.1 Unless otherwise stipulated for an online game or service, the agreement on the use of the Miharo Games LLC portal, online games and other services is entered into for an unlimited period of time and commences upon a user’s admission or clearance by Miharo Games LLC.



9.2 Even in the absence of good cause, each party may terminate the agreement with immediate effect, provided no specific term was agreed upon. If the parties agreed on a specific term, the agreement may not be terminated until the end of its term. Unless and until terminated, any agreement with a specific term automatically renews for the length of the original term.



9.3 Each party is entitled to terminate the agreement with immediate effect for good cause. Good cause is present especially if and when:



a) users default on payments of fees and fail to pay despite a reminder;



b) users engage in conduct that materially compromises the game experience of other players;



c) cheats, mods and/or “hack” or other software, tools or scripts are used to the effect of changing the experience and/or mechanism of online games;



d) a user’s account is used to play by third parties;



e) users avail themselves of third-party accounts to play or use multiple user accounts for a single online game;



f) users put virtual items used in online games to use outside of such online games or attempt to exchange or buy or sell them for “real” money; or



g) users culpably violate applicable law, these Terms of Use or game-specific provisions or rules.



9.4 Notice of termination must be given in writing, email being an acceptable means of written communication.



9.5 In the presence of good cause (e.g., extended period of inactivity), Miharo Games LLC is entitled to delete user accounts. In addition, Miharo Games LLC may, at its option, delete user accounts upon the end of the term.



10. Privacy



10.1 Personal user data is not compiled, processed or used unless the user in question consents or applicable law permits.



10.2 For details, see Miharo Games LLC Privacy policy



Miharo Games LLC Privacy policy



Miharo Games LLC take the protection of your personal information very seriously. The following privacy policy will provide you with information about the personal information that is collected and how it is processed and used.



1. Subject matter of this privacy policy



This Privacy Policy applies to all services which are offered on Miharo Games LLC internet sites, and the individual online game sites (Such as www.pearllands.com). Unless stated otherwise, this Privacy Policy exclusively regulates how Miharo Games LLC treats your personal information. In case you make use of services provided by third parties, the Privacy Policy conditions of these third parties apply exclusively. Miharo Games LLC does not revise Privacy Policy conditions of third parties.



2. Responsible contact



In case you have any questions concerning privacy policy matters, please contact info@miharogames.com. At this address, you can inquire about privacy issues, review, change or delete your personal information stored by Miharo Games LLC. Please include the online game that you play and your username.



3. Collection of information



Generally, you can access our Internet offering without disclosing any personal information to us. It is always your choice whether or not to provide us with your personal information. We collect your information to be able to fulfill the services contract with you. In addition to monitoring compliance with the terms and rules this includes in particular the proper handling of your payment orders.

If you would like to register on our Internet sites or subscribe to our newsletter it is necessary to provide personal information. This information includes, for example, your name, phone number, address, e-mail address and other personal information which Miharo Games LLC may query in individual cases.



In addition, individual information such as IP address, browser type and access time will automatically be transferred to us by your computer and stored on our server. Except for the purpose of prosecuting unauthorized use of our website, we evaluate such information only for statistical and performance-related purposes.



In order to make the visit to our Internet sites as pleasant as possible, we use, like many other companies, the so called cookies. After your visit to our website, these cookies are usually automatically deleted from your hard drive. Your Internet browser can be set to reject cookies generally. This can lead, for technical reasons, to restricted functioning of our Internet offerings.



We gather process and use personal information – unless already permitted by statutes – only with your consent. If this consent is made in an electronic manner in the context of our online offerings, we shall fulfill the legal requirements to inform you about it.



4. Use of your personal information



We use your personal data in order to constantly improve our range of services and to satisfy the user’s needs.

Miharo Games LLC uses your personal information for the establishment, processing and settlement of your user relationship with Miharo Games LLC and the processing of payments.

Furthermore, we use your information in order to communicate with you. This includes that we, as the case may be, inform you about novelties of our services via e-mail. We use your personal information in order to inform you about products, services or certain events which could be of interest to you on a regular basis. You will be informed as part of this communication that you may cancel the subscription at any time. Finally, we use your information in order to protect our web pages and to trace unauthorized accesses.



5. Transmission of personal information



As a matter of course, your data will not be sold to third parties. Miharo Games LLC exclusively transmits your personal data to the following extent:

We work together with payment providers (e.g. credit card companies, banks, PayPal, mobile services, etc.). These service providers only have access to your data to the extent which is necessary for the completion of their tasks. These service providers are obliged to treat your data according to this privacy policy and the relevant data protection statutes.

In the case that Miharo Games LLC, companies controlled by Miharo Games LLC, particular affiliated companies or parts of the company are sold, your customer information will generally be passed on with the sold part of the company. Of course, in this case your data is also subject to this privacy policy and the relevant data protection statutes.



6. Deletion of data



If your data is no longer necessary for the above-mentioned purposes including the settlement, for tax purposes or other legal reasons, it will be deleted.



7. Security of your personal information



All employees are obliged and have been advised to maintain data confidentiality and privacy obligations.

When submitting payments the transfer of your information is protected by SSL encryption technology.



About Beta version;



Beta version of the game is for testing purposes, Miharo Games have right to change some functions before Beta testing ends. Any bugs found in the game will be fixed to Miharo Games best efforts. Any missing units caused by a bug will be awarded back to accounts, but no refunds on original crystal purchases will be made. By accepting this agreement you acknowledge this is beta version and there must be bugs to fix. Bullying and harrasement of other users or admins is strictly prohibited. Any such action gives Miharo Games the right to close your account.

