General Terms and Conditions

for Bulido – Second Life Money Service

(Effective November 2007)

1. General information
The company Crafty Studios Game Development GmbH, domiciled in Pöttsching (“Company”), operates a website (“Internet Site”) at “www.bulido.com”. The mailing address of the Company is Lichtenwörthergasse 112a, A-7033 Pöttsching / Austria. To fullfil the operational cause of the website the company utilises various payment partners. Those have their own security terms and terms of service of their own, which also apply on using a specific payment method

2. Use of the Internet Site / purpose of the agreement
(1) Among other things, the Company offers customers means of payment (“Customers”) to purchase virtual play money in the form of “Linden Dollars” (“play money”) via the Internet Site. The purchase of the play money via the Internet Site is referred to as a “transaction”. The Customer can use the play money via the Internet for the online game “Second Life” in accordance with the applicable terms.

(2) The Customer first enters the desired amount for the purchase of play money on the Internet Site. The Company then converts the amount into play money on the basis of the rate which is set by the Company (“Exchange Rate”). The Exchange Rate and the resulting amount in play money are displayed to the Customer on the Internet Site and confirmed by the Customer by advancing to the next transaction step.

(3) The play money is paid out to the Customer by transfer from the existing account of the Company at Second Life (“Master Account”) to the account of the Customer which also exists at Second Life (“Customer Account”), and the Customer must provide the information regarding the Customer Account, which is required to carry out the transfer, to the Company.

3. Data input / payment terms
(1) The required data, which the Customer must enter on the Internet Site for purposes of the transfer from the Master Account to the Customer Account, must be complete and accurate. The Company guarantees the transfer of the play money in the displayed amount, subject to display and typographical errors, as long as this is technically feasible and insofar as the Customer has provided correct and complete information. The reversal or cancellation of the transaction is excluded. Transactions are usually  - as long as Second Life is technically reachable without problems - fulfilled within 15 Minutes, but at the most within 3 working days.

(2) The current Exchange Rate for the play money is EUR 1.00 per Linden Dollars 302.00. The Company may change and reset the Exchange Rate at any time without giving a reason. Every transaction is subject only to the Exchange Rate which is displayed on the Internet Site at the beginning of the transaction. The Exchange Rate for the play money which is set by Second Life or other providers has no effect on and is independent of the Exchange Rate the Company has set. Claims of the Customer against the Company due to varying Exchange Rates are excluded.

(3) To fulfill transactions, it is necessary for first time customers to automatically transmit certain informations from within Second Life (e.g. "click on a terminal"). After successful payment completion the customer is eventually informed about this missing data by displayed text and email (if applicable). Should this data be missing for some time, the company will try to contact the customer via "Ingame-Message" in Second Life or Email (if applicable). If the customer doesn't provide his data and doesn't get in touch with the company, the claim on the play money is void 30 days after payment end. If the customer is in touch with the company, the claim lengthens to 30 days after the last contact.

4. Notice on the use of data
(1) The protection of the Customer’s privacy in processing personal data is a priority for the Company. The personal data of the Customer will be stored and processed in accordance with the data protection regulations of Austria. The personal data which the Company collects in connection with the projects are used for purposes of handling the transaction and processing the customer requests. Processing and using Customer data for purposes of consultation, advertising and market research is subject to the express consent of the Customer.

(2) During a visit to the Internet Sites of the Company, the web servers of the Company by default store the IP address of the Customer’s Internet service provider, the websites of the Company that the Customer has visited, and the date and duration of the Customer’s visit. This information is analyzed solely for statistical purposes. The information is not disclosed to third parties in whole or in part. The information is used to track preferences of the visitors and optimally structure the Internet Site accordingly. Personalized analyses of this information are not performed.

(3) When the services of the Company are used via the Internet Site the Customer may be asked to provide additional personal information. The response to such questions is voluntary.

5. Copyrights / intellectual property
(1) The intellectual property contained in the Internet Site, as well as its content and design, are legally protected. The Company reserves all rights. Texts, images, graphics, audio documents, animations, and video sequences and their arrangement are subject to copyright protection and other protective laws.

(2) The content of this Internet Site must not be copied, reproduced, disseminated, altered, or made accessible to third parties without the express written consent of the Company. The Company points out that images and texts, etc. contained in the Internet Site may in part be subject to third party copyrights. All brand marks and trademarks which are mentioned on the Internet Site and which may be protected by third parties are subject, without restriction, to the regulations of the applicable trademark law and the rights of ownership of the respective registered owners. It may not be assumed from the mere mention alone, that trademarks are not protected by third party rights.

6. Infringement of third party rights
(1) If there are legal grounds for discontinuing the use of individual domains/projects on the Internet Site, the Company asks the respective Customer or visitor to the Internet Site to refrain from issuing a warning notice and send a notice (for example via e-mail) directly to the Company. The necessary steps, if any, will then be taken by the Company.

(2) In the event of unjustified and fraudulent warning notices, the Company reserves the right to have an attorney immediately file an action for a negative declaration.

7. Liability / reference to links
(1) The Internet Site was arranged with maximum care. The Company verifies and updates the information on the Internet Site at regular intervals. While utmost care is exercised, the Company assumes no responsibility for the correctness, the accuracy of the information contained on the Internet Site, the up-to-dateness and the completeness of the provided information.

(2) The Company has unlimited liability for damage the Company or its legal representatives and vicarious agents cause by intent or gross negligence.

(3) Other than the scope of liability specified in the preceding sub-paragraph (2), the Company is liable only for damage the Company or its legal representatives and vicarious agents cause by culpable violation of a material contractual obligation (primary contractual obligation) in a manner which jeopardizes the achievement of the purpose of the agreement (see Section 2).

(4) In the event of the preceding sub-paragraph (3), the liability of the Company is limited to such damage or extent of damage which the contracting parties could typically expect to occur or arise at the conclusion of the agreement based on the circumstances which were known to them at that time.

(5) In the event of the preceding sub-paragraph (3) the Company is not liable for indirect damage, consequential damage or lost profit. The Company is also not liable for damage caused by force majeure, riot, war and natural disasters, or other events for which the Company is not responsible (for example, strike, lock-out, interruption of traffic, orders of higher authorities in Austria or abroad).

(6) The limitations of liability pursuant to the preceding sub-paragraphs (3) to (5) also apply accordingly in favor of the legal representatives and vicarious agents of the Company.

(7) Notwithstanding the aforementioned regulations in sub-paragraphs (3) to (6), the Company and its legal representatives and vicarious agents have unlimited liability for damage to life, body and health which is due to an intentional or negligent violation of duty.

(8) All offers on the Internet Site are subject to change and non-binding. The Company reserves the right to change, supplement or delete parts or all of the Internet Site – especially with respect to the purchase of play money – without notice or suspend the publications temporarily or permanently.

(9) If this Internet Site refers by hypertext link (“hyperlink”) to other Internet sites, which are operated by third parties, neither the Company nor the Service Provider assume responsibility for their contents because the Company and the Service Provider are unable to control, originate or otherwise affect the contents of these external Internet sites. Clicking on the hyperlinks will cause the user to exit the Internet Site. The contents of third party Internet sites to which the Company refers by hyperlink do not reflect the opinion of the Company or the Service Provider. Their only purpose is to provide further information. The Company and the Service Provider are not responsible for third party contents which are referenced as specified above. The provider of the linked Internet site is solely responsible. Illegal, erroneous or incomplete contents and especially damage resulting from the use or non-use of such information are the sole responsibility of the provider of the Internet site which is referenced by hyperlink.

8. Final provisions
(1) Deviating or supplementary agreements must be made in writing. This also applies to an amendment of this writing requirement.

(2) If individual provisions of these General Terms and Conditions should be or become invalid, the validity of the remaining provisions is not affected. In this case, the parties are obligated to replace the invalid provision by a valid provision, which comes as close as possible to the intended purpose of the agreement.

(3) The use of the Internet Site and the purchase and the transfer of the play money are governed exclusively by the laws of Austria and, insofar as permitted by law, under exclusion of the international private law of Austria and other regulations which are applicable in Austria due to international conventions.

(4) Insofar as the Customer is not a consumer, the courts of Eisenstadt / Austria have exclusive jurisdiction and venue.