1. Definition and Range of Application
(I) GameArt Studio GmbH (hereinafter referred to as 'operator') is an operator for browser based online games (hereinafter referred to as 'application' resp. 'applications'). These general standard terms and conditions (hereinafter referred to as 'GST') come into effect as soon as a user views one of the pages of one of these applications, registers or logs in using a username and password. With that a contract for the transfer of use and enjoyment between the operator and the user is formed, for which these GST are valid.
(II) During the registration process, user shall explicitly agree to these GST by clicking the button 'I agree'.
(I) Membership is free and takes effect with the registration and activation of a user account.
(II) User may terminate membership at any time by requesting the deletion of their user account. Deletion of user data might be delayed due to technical reasons. The operator will not store any of the user's data longer than technical reasons make this necessary.
(III) The operator has the right to delete or block user accounts at any time, in particular if they contravene these GST or the game and forum rules. No user shall have a claim on participating in any applications of the operator. The operator decides at his own discretion on the permanent or temporary exclusion of a user. Such an exclusion may affect one or all applications of the operator.
(IV) All user accounts, including the corresponding resources, are only virtual objects within the application. The user does not acquire any property or any other right with regard to their user account or parts of it. All rights remain at the operator. A transfer of any rights of exploitation or any other rights to the user does not take place.
(I) Account sharing, meaning the use of a user account by many users is not permitted. Every user agrees to have only one user account per game world.
(II) A manual for the game and the game rules is published on the Internet pages of each application. All users must respect the rules and the conditions therein.
(III) User must not undertake any measures or apply any mechanisms or software in connection with the applications of the operator which could disturb the functioning or the performance of the game. User must not undertake any measures which could lead to an overload of technical capacities. User must not block any content or overwrite, modify, or disrupt the applications in any disturbing way.
(IV) Login to a user account is only permitted through the start page of each particular application. Automated login independent of the start page display is not permitted.
(V) It is not permitted to download any of the operator's pages with programs other than a web browser. This especially applies to bots and other tools that substitute or extend the web interface. Scripts and partially or wholly automated programs that grant the user an unfair advantage against other users are not permitted. Such programs include auto-refresh-functions and other mechanisms of a web browser, insofar as they are automated.
4. User Accounts and Fees
(I) The services owed by the operator for the user fee are defined in the explanations on the Internet pages of the particular application.
(II) The operator has the right to ask advance payment of user fees. The operator may offer different models for the calculation of the user fee. User fees may be charged for a defined period of use in the form of 'premium time' for a specified duration.
(III) Payments for premium subscriptions are due on a monthly basis. If a user of a premium subscription does not pay on time, the payment shall automatically be considered as default without a prior notification being necessary. In the case of defaulted payment, the operator may charge an interest on defaulted payment in a sum of 5% over the current base interest rate published by the 'Deutsche Bundesbank'. Furthermore, the operator shall have the right to stop delivery of services and to block the particular user account. Users remain obliged to fulfill payments during the period of time when the account is blocked.
(IV) In case that payment of user fees is offered through bank transfer, user shall pay, in addition to the user fee, all of the operator's costs that arise from direct debiting services caused by the user's negligence or by the user's insufficient funds. In such case, in addition to possible interest on arrears and bank fees on returns in direct debit, the user shall be charged with a handling fee of 9.60 Euro per returned direct debit.
(V) Should there be a remaining time of use (in the case of the deletion of an account), the user fees already paid may be proportionally refunded. For every refund, a handling fee of 15.00 Euro shall be charged (plus possible bank fees for transfer to foreign countries), which will be offset against the sum to be refunded.
(VI) All payable Premium-Tickets remain the sole property of the operator until full payment is received. All payable Premium-Tickets must be exclusively and directly purchased and paid for in full from the operator in the respective pages of the application. Tickets purchased in any other way, e.g. through a third party, are invalid. Violation by a user of this contractual clause during purchase or payment will result in the loss of all claims on all payable services of the operator and the user will retroactively lose all advantages within the applications in connection with the use of the payable services. Additionally, the operator has the right to penalize the account for use of invalid tickets.
The user may receive messages from the operator at irregular intervals. These may be sent through the communications platform of an application or by email. These messages may contain news, recent developments, technical hints, bills, tips and tricks for the games, and also information on new products and services offered by the operator. The operator has the right to include advertisements for products and services offered by third parties in such messages. The user gives consent to this form of communication and to the advertisements included therein.
(I) The user has no claim on the availability of the service. The operator does not accept any liability for server failure, programming errors or similar complications. If the user suffers disadvantages in the game through possible server failure, errors in the programming or similar, the user has no claim to reestablish the status existing before any such event occurred.
(II) The operator does not assume liability for damages caused by the use of its applications, except for damages caused through willful intent and gross negligence.
(III) The operator provides a communication platform to its users, through which the users can communicate with each other. The users are solely responsible for the content of their communications on this platform. The operator does not assume any liability for such content.
7. Amendment Clause
(I) The operator has the right to change or extend these general standard terms at any time. Generally, the new GST will be published on the Internet pages of the operator under the corresponding menu item. The user will be notified about every change or extension of the GST through a message. However, the operator reserves the right to decide in each case how to notify the user of the new GST.
(II) The user may contradict the new GST up to 14 calendar days after notification. If the user does not contradict the new GST in writing during the 14 calendar days, the new GST comes into effect. If the user contradicts the new GST within the specified time, the operator may cancel the contract at that point in time, at which point the new GST will become effective.
8. Data Privacy Protection
For all legal matters with respect to the contractual relationship between the operator and the user, German law exclusively applies. The sole place of jurisdiction for any and all disputes for both parties is the company seat of the operator.