Term of Use

www.Habbo.ms

1. General

Welcome to the website of HabboMS. This is a service provided by HabboMS. These terms of use apply to any use of the website Habbo.ms with all its subpages, areas and functions. HabboMS is a virtual world that primarily offers its users the possibility to move around in a virtual hotel with the help of a self-created character, to design their own webpages and to communicate with other users. If you do not fully and unconditionally agree with these Terms of Use or do not meet the requirements set forth herein, you may not use the Website.

Caution: This hotel is not supported by [Sulake Corporation Oy], which means that this hotel is not the real Habbo Hotel.

2. Registration / Login

(1) The main areas or functions of the website can only be used after prior registration.

(2) As part of the registration process, you will choose a username and password that you will use to log in to the Website during future visits.

(3) HabboMS reserves the right to refuse or change a username, especially if it is already taken or would violate the prohibitions mentioned in paragraph 3 (1). HabboMS also reserves the right to reassign a user name after the end of the contract. A transfer of the user name to another user is not permitted.

(4) HabboMS reserves the right to deny you access or registration if you have previously violated these Terms of Use, in particular after a termination pursuant to Section 4 (3).

(5) Provided that there is nothing to prevent your registration, you will receive a registration confirmation by e-mail to the e-mail address you have provided, in which you will be asked to activate your user account (Account). As soon as you click on the link provided, a user agreement is concluded between you and HabboMS and your account is activated shortly thereafter. You will not incur any costs by entering into this user agreement.

(6) Each member may have a maximum of 2 accounts per IP address. This is for the so-called "clone protection". If someone has more than 2 accounts, or more than 2 siblings and all want to register in HabboMS, they should report in the Discord server to the server management. Click here

3. Own contents

(1) You have the possibility to publish your own content on the website, in particular texts and comments, or to have them displayed or sent there. However, it is strictly prohibited to publish content of the type mentioned below on the website or to have it displayed or sent there:

  • Content that glorifies, promotes, condones or trivializes violence, racism or discrimination;
  • sexist, pornographic as well as offensive content;
  • erotic content, especially photos that show a person who has not reached the age of 18 at the time the photo was taken;
  • content harmful to minors;
  • Links to other websites, premium phone numbers (e.g. 0900), SMS short codes, URLs and addresses;
  • Content that violates the rights of third parties, especially copyrights and personal rights (eg personal information about another HabboMS or a third party), as well as disparaging or offensive statements;
  • Spam;
  • Data that are likely to cause damage to HabboMS or third parties (e.g. viruses, Trojans, dialers);
  • Content that promotes your commercial or financial interests or those of a third party;
  • Content that violates applicable law or the HabboMS Code of Conduct, or enables or encourages a violation of law.

(2) If you provide content on the Website that HabboMS believes violates the aforementioned prohibition and HabboMS becomes aware of this, HabboMS shall be entitled,

  • to refuse to publish the content in question if HabboMS becomes aware of the infringement beforehand,
  • to eliminate the infringement by partial editing or deletion,
  • to eliminate the infringement by completely deleting the content in question,
  • block your user account temporarily or permanently without notice,
  • terminate the contract concluded with you without notice, as well as
  • to inform the competent authorities, in particular the police and the public prosecutor's office, within the scope provided by law and to provide the authorities with all necessary data. HabboMS reserves the right to review content before publication.

(3) Insofar as third party content is illegal, in particular infringes your rights, you should inform HabboMS of this immediately by e-mail. Such notification must contain at least the following information:

  • your HabboMS name,
  • Name of the HabboMS that published the offending content,
  • objectionable content including explanation of how it violates your rights,
  • exact description of the location within the website where the offending content is accessible.

In the event of justified complaints, HabboMS will remove the content in question from the website or block access to this content immediately after receiving the data required to identify and verify the complaint. Further claims against HabboMS due to third party content, in particular claims for damages, do not exist.

4. Period of use / termination

(1) Both you and HabboMS may terminate the contractual relationship at any time without notice and without giving reasons, provided that you only use areas or functions of the website for which no user fees are charged. HabboMS may also terminate the agreement by deleting your HabboMS user account.

(2) If you use a paid area or function of the Website for which a one-time fee is payable, you may also terminate the Agreement at any time without notice and without giving reasons; HabboMS must in this case observe a notice period of 4 weeks.

(3) If you use a paid area or function of the Website for which a term-dependent fee is payable, you and HabboMS may terminate the contractual relationship at any time at the end of the term without giving reasons.

(4) The right of both contracting parties to terminate without notice for cause according to the statutory provisions remains unaffected. An important reason for HabboMS exists in particular in the event of a violation by you of the provisions of section 3 (1) and section 6 (3) of these Terms of Use as well as in cases in which HabboMS has a reasonable suspicion that the user data entered are false or those of a third party.

5. User fees

(1) The website consists of different areas or functions, some of which are subject to a charge. If areas or functions are subject to a charge, this will be indicated separately. The use of the website requires that you have access to the Internet, through which you may incur costs on the part of your access provider (e.g. dial-up and connection costs).

(2) HabboMS does not currently charge any user fees for the use of the basic functions of the Website. However, special areas or functions will only be made available to you upon payment of the currently stated user fee. The usage fee is calculated in HabboMS Talers (see (3) below).

(3) You can purchase HabboMS Taler via the currently offered payment methods at the currently indicated prices. The HabboMS Taler you purchase will then be credited to your virtual wallet. You can only use the HabboMS Taler that are currently in your wallet. HabboMS expressly points out that if you are not yet of age to purchase HabboMS Taler, you must obtain the consent of your parents or the person who is to pay for the HabboMS Taler in advance. If you do not comply with this, HabboMS is entitled to temporarily or permanently block your user account without notice and to terminate the contract concluded with you without notice.

(4) HabboMS expressly reserves the right to offer already existing or modified areas or functions in the future against user fees. HabboMS will inform you about this one month in advance.

6. Your duties

(1) You are obliged to keep your access data strictly confidential and not to make them accessible to third parties. If you suspect or know that a third party has had access to your access data, HabboMS must be informed immediately by e-mail. If you become aware of the access data of another HabboMS, you are prohibited from logging in with these access data instead of your own, even if the other HabboMS has given permission. You are liable for all damages caused by misuse of your access data until HabboMS is notified.

(2) In addition, you are obligated to truthfully provide the personal information provided during registration and to keep it up to date. In case of changes, the corresponding information in your HabboMS profile must be adjusted (e.g. change of e-mail address).

(3) The website is available to you for private and intended use. Other uses are expressly prohibited, such as:

  • commercial use (making accessible individual areas or functions against payment),
  • Reading out e-mail addresses and content, in particular by means of technical aids such as hardware or software
  • Contacting HabboMSs in any manner other than as provided for on the Website within the scope of the intended use (e.g., no mass e-mails or spam),
  • Use of content of other HabboMSs without their consent,
  • Integration of advertising in the own content,
  • transmission or publication of advertising of any kind,
  • transmission of harmful data or files, such as viruses, Trojans,
  • changes to the website,
  • illegal uses (cf. e.g. item 7 (3) and (4)).

(4) The website offers the possibility to communicate with other HabboMSs and to comment on their appearance or messages. In this context, you are prohibited from publishing content that violates the rights of third parties, in particular false statements of fact and defamatory, insulting or otherwise defamatory statements of opinion.

(5) In the event of a breach of the duties set forth in (1) to (4), Section 3 (2) shall apply mutatis mutandis.

(6) You are responsible for ensuring that the current system requirements are met at the time of using the Website with its areas and functions (hereinafter 'Offer'). In this respect, HabboMS points out that the installation of the free Shockwave Player from Adobe Systems Incorporated in the latest version is required. This program is not part of the HabboMS offer. Due to changes in the offer, it may be necessary to adjust the system requirements in order to continue using the offer. It is your responsibility to take the necessary measures at your own expense (especially software updates). The purchase and installation of the above-mentioned software as well as other programs or program components (e.g. plug-ins), the installation of which may become necessary at a later date in order to use the website, is your responsibility and at your risk.

7. Rights of use

(1) By uploading, displaying or otherwise integrating Content on the Website, you grant HabboMS, free of charge, the non-exclusive right, unlimited in time and place, to use such Content on and in connection with the Website (including advertising the Website and other business activities of HabboMS related to the Website). This includes in particular the right to store, edit (in particular transfer to other file formats), modify, reproduce, transmit, publish, distribute, make publicly available, broadcast, perform and make available for download and/or make available by means of technical equipment and to advertise this offer in all media (including by performing or displaying the Content). The licensing also includes in particular the right on the part of HabboMS to use the content:

  • to feed digital data networks (e.g., Internet);
  • following a remote data transmission via data networks within the meaning of a) at the location of the end customer in whole or in part to reproduce or make perceptible ('Online prelistening' or 'Online previewing');
  • to transmit for the purpose of permanent storage (downloading) via data networks (including mobile communications).

You also grant HabboMS the synchronization right with respect to the Content; HabboMS is entitled to combine the Content with any other work, in particular an image, music, film work or voice recording, and to use it in this way, in particular in the context of advertising measures. The granting of rights does not include the right on the part of HabboMS to provide the contents to third parties against payment, unless this is done in connection with the website.

(2) HabboMS is entitled to grant, i.e. sublicense, the rights granted by you pursuant to (1) to one or more companies affiliated with HabboMS within the meaning of 15 AktG as well as other third parties used by HabboMS for the provision and billing of the services associated with the Website.

(3) You acknowledge that both the Website and the elements and content displayed and accessible on the Website are protected by intellectual property rights (industrial property rights), in particular copyrights, of HabboMS, other HabboMSs or other third parties. With the exception of the content provided by yourself, you are not entitled to use any content of HabboMS, other HabboMSs or other third parties made available on the Website, in particular to copy, store, process and/or distribute such content, unless this is done with the express written permission of HabboMS.

(4) You may not, among other things, without HabboMS's prior written consent

  • to integrate the website or parts thereof (in particular contents, such as photos, videos, etc.) by way of linking or framing into own or third-party internet offers or to display them in any other way or
  • to copy or reprogram the website or parts thereof (in particular content, such as photos, videos, etc.), in particular by way of 'reverse engineering',
  • to offer on the Internet, whether in return for payment or free of charge, services that relate to the Website and by which the erroneous impression is created that the user thereby receives benefits for his HabboMS or that the service is provided with the consent of or in cooperation with HabboMS.
  • the purchase and sale of HabboMS items such as furniture, thalers, thaler codes, accounts, is not allowed both in private and on swap meets, (Internet) auction houses and other marketplaces, as well as private websites.

(5) In the event of a breach of the obligations set forth in (3) and (4), Section 3 (2) shall apply mutatis mutandis.

8. Exemption / user liability

(1) You are responsible and liable for the content displayed under your user name on the website, such as texts. Insofar as you upload content within the framework of the Website or integrate it into the Website in any other way, you warrant in particular that this does not infringe any third-party rights, in particular copyrights and ancillary copyrights as well as personal rights and/or the right to one's own image. You further represent and warrant that you are the owner of all rights granted to HabboMS pursuant to Section 7 and that you are fully entitled to grant such rights.

(2) If claims are asserted by third parties due to a culpable breach of these Terms of Use on your part, in particular against your obligations set forth in Sections 3 (1), 6 and 8 (1), you are obligated to indemnify HabboMS against all third party claims in this regard as well as any further damages, costs and expenses incurred in this connection (including reasonable attorney's fees and court costs incurred in defending against the claim).

9. Scope of services

(1) HabboMS provides you with the offer in the current version based on these Terms of Use. Since HabboMS is always striving to improve its range of services, there may be changes, additions and conversions of the offer. In the event of significant changes, HabboMS will make every effort to inform you in advance. New areas and functions will also be offered to you on the basis of these Terms of Use. If new areas and functions are made available on the basis of special terms of use (hereinafter referred to as 'Special Terms of Use'), the Special Terms of Use shall apply in addition to these Terms of Use; in the event of overlaps and contradictions, the Special Terms of Use shall take precedence.

(2) HabboMS also reserves the right to partially or completely discontinue the offer for regulatory, technical or economic reasons. Insofar as a chargeable part of the offer is affected and no equivalent replacement is offered, the discontinuation will be carried out in compliance with section 4 and, if applicable, against reimbursement of any remaining credit if it is no longer usable for you due to the discontinuation.

10. Warranty / liability of the provider

(1) HabboMS cannot guarantee that the website will be available without interruption at all times and that it will function without errors or disruptions. Due to technical circumstances beyond HabboMS's control, failures, in particular temporary inaccessibility of the Internet or the Website, may occur. This also applies in the event of maintenance measures and updates. You agree to such measures, which will be carried out outside normal business hours if possible and announced in good time, and the associated impairments to a reasonable extent. Such temporary inaccessibility of the website does not constitute a defect.

(2) HabboMS shall not be liable for any loss or deletion of data beyond HabboMS's control.

(3) HabboMS shall be liable to you for damages, regardless of the legal reason, only in case of intent, gross negligence and slightly negligent breach of essential contractual obligations by HabboMS itself, by a legal representative or vicarious agent. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to compensation for the foreseeable damage typical of the contract. Any further liability of the provider is excluded. In particular, indirect damages shall not be compensated. The above limitations of liability shall not apply to such damages culpably caused by HabboMS, a legal representative or vicarious agent resulting from injury to life, body or health as well as to liability under the Product Liability Act.

(4) Insofar as content published within the framework of the Website originates from other HabboMSs or third parties (e.g. external experts), HabboMS assumes no liability for the accuracy, completeness and legality of this content, as it is not verified prior to publication. Furthermore, opinions expressed and published by HabboMSs or third parties (e.g. external experts) within the framework of the Website do not reflect the opinion of HabboMS.

11. Third party contentsr

(1) Within the framework of the offer, it may come to the integration of third-party content (e.g. banners, links, micro-sites). HabboMS does not adopt these contents or such contents that can be reached by linking. HabboMS assumes no warranty or liability for such content.

(2) If services of third parties are offered within the framework of the website, a contract is concluded between you and the third party in the event of a claim. HabboMS has no influence on these services or their provision. (1) Sentence 2 applies accordingly.

12. Privacy

(1) The personal data requested by HabboMS will be collected, stored, processed and deleted in accordance with the HabboMS Privacy Policy and applicable data protection law.

(2) If you have agreed to the HabboMS Privacy Policy [link] during registration, you can revoke this agreement at any time by e-mail.

13. Cancellation policy

You can cancel your contract within 2 weeks without giving reasons in writing (eg letter, fax or e-mail). The period begins at the earliest with receipt of this instruction. To meet the cancellation deadline, it is sufficient to send the cancellation in time to the following address: Bella Vista, Calle 52, Marbella Ciudad de Panama, Panama.

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered. If you are unable to return to HabboMS the performance received in whole or in part or only in a deteriorated condition, you may be required to compensate HabboMS for the loss of value. You must fulfill obligations to reimburse payments within 30 days after sending your notice of cancellation. Your right of withdrawal expires prematurely if HabboMS has begun to perform the service with your express consent before the end of the withdrawal period or if you have initiated this yourself.

14. Final provisions

(1) The HabboMS Privacy Policy, the HabboMS Code of Conduct ('Rules') as well as any Special Terms of Use for specific areas or features of this Website are also part of these Terms of Use. To the extent that there are any inconsistencies between the Special Terms of Use and the foregoing Terms, the Special Terms of Use shall prevail to that extent.

(2) HabboMS reserves the right to modify these Terms of Use from time to time. You will then receive a notice regarding the changes made. These changes are considered approved if

  • you expressly agree to these changes (e.g. in the context of a dialog on the website) or
  • you do not object to these changes within 4 weeks of receipt of the notification of change by e-mail

(3) HabboMS is entitled to transfer the offer in whole or in part to a third party, which then offers the offer or parts thereof to you. If the offer is transferred in its entirety, the third party taking over the offer shall enter into the contract concluded between you and HabboMS instead of HabboMS. You will be given the opportunity to terminate the contract in a timely manner and thus prevent a takeover of your contractual relationship.