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Terms and Conditions |
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| | 1. |
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Subject of the terms of use; scope |
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| 1.1. |
The following terms regulate the use of the online-games provided by Gameforge on the Gameforge internet pages and their additional range of services
When a user registers or logs on to the Gameforge portal www.mmogame.com, a user contract for client-based online games (i.e. games that require the download of a client) is always established with Gameforge 4D GmbH. Gameforge Productions GmbH in these cases is merely a vicarious agent of Gameforge 4D GmbH in regard to registration and login. |
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| | 1.2. |
These terms of use completely replace older versions of Gameforge terms of use. |
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| | 1.3. |
Gameforge offers online games and other services within the framework of its technical and operational capabilities with an average annual availability of 98.0%. This does not include periods of time during which the use of online games and other service offerings are interrupted or affected due to compelling technical reasons or because of required maintenance work without Gameforge having to provide compensation in accordance with the provisions of this agreement. |
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| | 1.4. |
The online games and additional range of services are continually developed, updated and adjusted further. The user has only the opportunity to take part in the respective online game and additional offers in their respective version provided at a time. |
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| | 1.5. |
Online games and other services offered by Gameforge are intended solely for the purpose of entertainment. The use for business or commercial purposes is prohibited. |
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| | 1.6. |
The user him/herself is responsible for the timeliness and appropriateness of its software and hardware. |
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| | 1.7. |
In addition to these terms of use, existing rules for individual online game apply, if any. In case of inconsistency between these terms of use and the rules of the game, the provisions of these terms of use prevail. For individual online games, specific versions and/or components of online games and individual service offerings on the Gameforge Internet pages also specific terms of use apply. The user is informed prior to use of the respective offering in an appropriate manner. |
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| | 1.8. |
At various online games and other services, the user has the opportunity to use services of contractors of Gameforge. In this case, a separate contract between the user and the respective contractor of Gameforge applies. The user is informed appropriately prior to conclusion of the contract. |
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| | 1.9. |
Other provisions or terms and conditions of the user only apply if Gameforge agrees to their validity by prior written consent. |
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| | 2. |
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Conclusion of Contract |
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| 2.1 |
Registration of the user is a prerequisite for the use of online games and other services offered by Gameforge. |
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| | 2.2 |
Registration is reserved only for natural persons. Only individuals are accepted as authorized users (no groups, families, life partners, etc.). Insofar as the user is a minor, he/she certifies that with sending the registration request an effective consent of the legal representatives is available. |
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| | 2.3 |
At registration, the user has to provide a player name and a registered e-mail address. The user is not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend common decency. Moreover, no e-mail or Web address may be chosen as the player name. The user shall ensure that the information provided to Gameforge at registration is true and complete. |
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| | 2.4 |
The registration is carried out personally. Registration through third parties, especially a third party that registers individual people at several teleservice providers (registration services and/or entry services) is not permitted. |
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| | 2.5 |
The acceptance of a registration request on the Gameforge portal and the online game pages registration are confirmed via e-mail. In this e-mail the user receives an activation link. In this case Gameforge activates the user and the respective game account through the clicking on such activation link. When the account has been accepted or activated a user contract for an indefinite term between Gameforge and the user is being established. In some cases the registration process may deviate from this procedure, in which case the user will be advised in an appropriate manner. |
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| | 2.6 |
With the successful registration, the user opens an account ("user account") which the user manages independently. The user may open a user account on both the Gameforge portal page as well as on the online game site. The user account created on the Gameforge portal may be used by the user for all online games linked by Gameforge to the Gameforge portal. Conversely, a user account created on an online gaming site is not available for other online games. |
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| | 2.7 |
Without the explicit consent of Gameforge, the user account is not transferable. |
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| | 2.8 |
A right to claim registration or activation does not exist. Per game round (e.g. world, universe, etc.) in a browser game the user is only allowed to register once. If a user has already registered once, the user may not register again for the same game round for the duration of the current registration, for example, under entry of, changed personal data. |
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| | 3. |
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Cancellation Policy |
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| | Right of cancellation |
You can revoke your contract within two weeks without declaration of a reason in text form (for example letter, fax, e-mail). The revocation term starts after the receipt of the instruction in text form, but not before the conclusion of the contract and not before the fulfilling of our information duties as per Article § 312c para. 2 German Civil Code (BGB) in connection with article Article 1 para. 1, 2 and 4 German Civil Code Information Regulation as well as in accordance with our responsibilities as per article Article 312e para. 1, clause 1 German Civil Code in accordance with Article 3 German Civil Code- Information Regulation. To ensure the meeting of the revocation term a timely posting of such declaration is sufficient. The revocation declaration has to be addressed to: Gameforge Productions GmbH, Albert Nestler Strasse 8, 76131 Karlsruhe |
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| | Consequences |
In case of an effective cancellation the benefits received by each party shall be returned and any uses (e. g. interest) shall be surrendered. In case that you can not return services received wholly or partly or only in deteriorated condition, you will be obliged to provide compensation, if applicable. Obligations to refund payments should be met within 30 days. The period begins for you with the submission of your cancellation, for us with its receipt. |
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| | Special notes |
You revocation right will prematurely expire if Gameforge has begun with the carrying out of the service with your explicit consent before the end of the revocation period or you have initiated this such service yourselve. This assumption can normally be taken if you have made use of the online games or other services. |
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End of cancellation policy |
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| | 4. |
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General obligations of the user |
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| | 4.1. |
User data |
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The user agrees to provide Gameforge with all future changes of his/her registration data, especially a change in the e-mail address, without delay. The user is obliged, to confirm Gameforge upon request the accuracy of his/her data. |
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| | 4.2 |
Log-in data, identification, passwords |
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| | 4.2.1. |
The user is obliged to keep log-in data and all identification and passwords strictly confidential. The user may enter log-in data only on Gameforge operated Internet pages. |
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| | 4.2.2. |
The term “log-in data” and “identification and passwords” includes all letter and/or character and/or number sequences, used to authenticate the user and to exclude use by an unauthorized third party. The password should not be identical with the player name and it should consist of a combination of numbers and letters. |
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| | 4.2.3. |
The user is obliged to protect all log-in data, identifications and passwords from unauthorized access of third parties. |
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| | 4.2.4. |
In the event that the user has reason to believe that third parties have obtained this information, or could have, he/she shall inform Gameforge immediately and change his/her data or have it changed by Gameforge. In this case or in the event that Gameforge has evidence of misuse of data, Gameforge has the right to block the access of the user temporarily. The user shall be permitted again the use as soon as the suspicion of misuse of data has been removed. |
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| | 4.2.5. |
The user is under no circumstances entitled to use the log-in data of another user, unless the rules of the game provide specific exceptions. |
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| | 4.3 |
Use of Gameforge Internet pages and content of Internet pages |
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| | 4.3.1. |
Gameforge websites include contents of all kind that are protected by trademarks, copyrights or by other means in favor of Gameforge or for the benefit of third parties. Unless explicitly permitted within these terms of use, the user is not entitled to edit, to copy, to distribute, to reproduce publicly, to use for advertisement or to use these beyond the contractually agreed purpose Gameforge Internet pages or the content or any portion thereof. Permitted is only the technical reproduction for the purpose of browsing as well as the permanent reproduction solely for private use. Copyright information and brand names may not be changed and not be suppressed or eliminated. |
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| | 4.3.2. |
The term "content" includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information, provided by Gameforge on its Internet pages. The term "content" includes also all available service offerings for downloading. |
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| | 4.3.3. |
The user is obliged to abstain from any measure which may compromise or interrupt the proper functioning of Gameforge Internet sites or individual services, as well as from accessing data to which the user is not entitled to. The retrieval of the contents may only take place in a manner such that the use of Gameforge Internet sites and contents through other users is not affected. The transfer of data or software that can influence hardware or software from recipients is not permitted. |
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| | 4.3.4. |
Any use of Gameforge Internet sites for commercial purposes, especially advertisement, requires the express prior written consent of Gameforge. |
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| | 4.3.5. |
The user is not entitled to publish content on the Gameforge Internet pages. |
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| | 4.3.6. |
The use of Gameforge Internet sites through an anonymization service that is hiding the true IP address of the user is not permitted. |
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| | 4.4. |
Links |
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It is permitted to establish a link to the websites of Gameforge to the extent that it only serves as a cross reference. Gameforge reserves the right to revoke this permission. However, it is not allowed to include or present Gameforge Internet sites or their content via a hyperlink in a partial window (frame). |
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| | 4.5. |
Use of client software |
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In cases of a service, which requires the prior installation of a client software, Gameforge grants the user the non-exclusive right to download and use the client software during the validity of the registration. A duplication of the client software is only permitted to such extent as is required for a use as permitted by this contract. Any form of commercial use of the software is strictly prohibited. | |
Any change of the client software as well as retranslation of the entrusted program codes into another code form (decompilation) as well as other ways of reversing manufacture levels of the software (reverse-engineering) are prohibited, unless permitted by law. |
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| | 5. |
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Specific terms for the use of online games |
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| | 5.1. |
The user is only allowed to have one account per game round (i.e. world, universe), unless the game rules explicitly state otherwise. The use of several user accounts is not permitted. Such multi-user accounts can be deleted or banned by Gameforge at any time and in its sole discretion. |
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| | 5.2. |
The user is prohibited from any form of manipulative interference in the online game. In particular, the user is not entitled to use measures, mechanisms or software that could interfere with the function or the course of the game. The user may not take measures that may cause an unreasonable or excessive burden on the technical capacity. The user is not allowed to block, to rewrite or to modify contents generated by the game administration or to interfere in any other manner with the game. |
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| | 5.3. |
The user is also prohibited from running the online game (including all individual web pages) with other programs besides the Internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the Web interface. Also prohibited are scripts and completely or partially automated programs that provide the user with an advantage over other users. This includes auto-refresh-functions and other integrated mechanisms of the Internet browser, if it includes automated operations. |
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| | 5.4. |
The user may under no circumstances |
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create or use cheats, mods and/or hacks, and any other third party software products that may change the result of the online games, |
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use software, that allows "data mining" or otherwise intercepts or collects information in connection with the online games, |
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| | c) |
use outside of online games, buy for "real" money or sell or swap virtual objects that are used in online games. | |
This includes all evasions, similar actions or actions that match in their effect the aforementioned bans. |
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| | 5.5. |
The application of advertising suppressing measures is prohibited. It is immaterial whether advertising is deliberately suppressed or generally blocked e .g. by so-called Pop-Up Blockers, or similar. |
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| | 5.6. |
Log-in is only permitted on the homepage of each online game and the Gameforge portal page. An automated opening of the user accounts, regardless of whether the home page is displayed or not, is not permitted. |
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| | 5.7. |
Gameforge or by Gameforge authorized contractors exclusively have all rights to objects used in online games and virtual objects provided at a charge. The same applies for user generated virtual objects. The user provides Gameforge with spatio- temporal and textual unrestricted, exclusive right of use to such self-created virtual objects. This right includes in particular the rights to reproduction, distribution and processing. The user receives only a non-exclusive right of use to the virtual objects for the duration of the contract. |
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| | 6. |
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Specific conditions for the use of communication facilities (particularly discussion forums, chat, comments) on the Gameforge websites |
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| | 6.1. |
Gameforge may provide the user different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as within a commentary function) for own content and entries on the Gameforge internet pages, which may be used as available. Gameforge only provides users with the technical environment for the exchange of information. However, users do not have a right to claim such communication facilities. |
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| | 6.2. |
The user assumes responsibility for his/her contents and contributions and commits to release Gameforge entirely of any third- party claims or lawsuits. Gameforge explicitly does not claim the content entered by users. However, the user provides Gameforge with the permanent, irrevocable, non-exclusive right to use the content and contributions posted by him/her. Gameforge points out that Gameforge has no active monitoring system of the content posted. However, random audits are performed instead. In addition, each user has the option to inform Gameforge of suspected illegal content. Gameforge will then respond as quickly as possible and edit or delete reported contents, as necessary. |
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| | 6.3. |
The user is prohibited from publishing or distributing content on Gameforge Internet pages and particularly in the context of the communications facilities, that |
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violates the law, is improper or is immoral; |
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violates trade marks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties; |
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is obscene, racist, violent, pornographic, adult content or otherwise the development of children and adolescents threatening or harmful nature; |
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is of abusive, harassing or defamatory nature; |
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includes chain letters or pyramid schemes; |
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falsely suggests that it is provided or supported by Gameforge; |
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contain personal data of third parties without their express consent; |
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| | h) |
is commercial, in particular promotional in nature. |
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| | 6.4. |
The inclusion of Internet sites, company or product names is only permitted when it is not primarily for the purpose of advertising. |
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| | 6.5. |
All users of the communication facilities provided on the Gameforge Internet pages are required to choose an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided. |
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| | 6.6. |
Notwithstanding any other rights under these terms of use, Gameforge has the right to amend and fully or partially delete content and contributions, which violate these rules. Gameforge also has the right to exclude users who violate these rules, in whole or temporarily from further use of online games, Gameforge Internet pages and other service offerings. |
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| | 7. |
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Consequences of a breach of duty |
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| | 7.1. |
Gameforge is not liable for damages resulting from a breach of duty by the user. |
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| | 7.2. |
Independently of additional legal or contractual rights Gameforge may take the following actions against any user who are in breach with statutory law, third party rights, these terms of use or the respective additional regulations and game rules: |
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change or delete content, |
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give a warning to the user, |
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| | c) |
publication of misconduct in the respective online game with mentioning of the user name, |
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temporary or permanent blocking of a user from individual or all online games and content of Gameforge Internet pages, |
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| | e) |
exclusion of a user, |
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| | f) |
issuing a temporary or permanent virtual ban from the house in the cases of violation of section 6, or |
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| | g) |
immediate termination of the contract. |
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| | 7.3. |
If a user has been blocked or excluded, he may not register again without prior consent of Gameforge. There is no right for a waiver of an exclusion, a virtual ban from the house or any other measure. |
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| | 8. |
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Usage fees |
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| | 8.1. |
Unless otherwise stated, the use of online games and other services offered is free of charge. |
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| | 8.2. |
The user may, however, purchase individual service offerings and individual features offered in the context of online games. The user is informed separately on the kind of features for purchase, especially what function each feature has, possibly of the duration of availability of the feature for purchase, the purchase price and the available payment method in connection with the online game. |
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| | 8.3. |
Where a minor wishes to buy features for purchase, he assures that he/she received the funds to buy the features for purchase from his/her legal guardian for this purpose or for unrestricted use. |
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| | 8.4. |
The agreed-upon charges are due for payment with the conclusion of the contract. The debit payment is made typically through the respective authorized service provider, whereby the withdrawal can be made a few days in advance to guarantee continuous usability. In individual cases, general terms and conditions included by the authorized service provider may be applicable. |
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| | 8.5. |
The user assures that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct. |
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| | 8.6. |
The payment options vary according to the online game, participant country and the market availability of technically feasible payment options. Gameforge reserves the right to amend its payment options. |
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| | 8.7. |
Gameforge reserves the right to change the fees of the in-game features (including virtual currencies). This includes Gameforge`s right to increase or decrease fees for all singular in-game features for all future transactions. |
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| | 8.8. |
In case of default, statutory interest accrues. Gameforge is also entitled to block the user account, to recover damages and to terminate services. |
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| | 8.9. |
Should Gameforge through a fault of the user (including an inadequate account balance) incur back charges or cancellation fees, the user shall bear the related costs. Gameforge is allowed to request these costs and the accrued charges. If payment is made by credit card, back charges are incurred up to 50 EUR per credit card transaction plus bank charges incurred by Gameforge. Gameforge is entitled to charge further compensation. |
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| | 9. |
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Limitation of Liability |
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| | 9.1. |
The user is directly liable to third parties for violation of their rights. The user agrees to reimburse Gameforge for all damages resulting from the non-observance of the obligations of these terms of use. The user releases Gameforge from all claims, which other users or other third parties file against Gameforge for violation of their rights by content posted by the user or due to violation of other obligations. The user takes over the cost of legal defense of Gameforge including all court and lawyer costs. This does not apply if the user is not responsible for the infringement. |
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| | 9.2. |
The liability of Gameforge, on whatever legal grounds, whether due to contractual misconduct or breach of duty is ultimately determined in accordance with the following rules: |
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| | 9.2.1. |
Where Gameforge provides the respective liability-causing service free of charge, Gameforge is liable only for malice and gross negligence. |
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| | 9.2.2. |
In case of nongratuitous services, Gameforge’s liability is limited to cases of intent and gross negligence, but unlimited in cases of personal injury. In the case of slight negligence, Gameforge is only liable for a breach of essential contractual obligations such as delay or impossibility, which Gameforge can be made responsible for.
`Essential contractual obligations` as previously stated, are the obligations that ensure that the contract runs in accordance with its regulations and which are required to achieve the contractual aim, and on which the user may rely upon. |
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| | 9.2.3. |
Gameforge assumes no liability for disturbances within the network that are not caused by Gameforge. |
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| | 9.2.4. |
For the loss of data Gameforge is liable in accordance with the foregoing paragraphs, only if such a loss would have been unavoidable by adequate backup measures by the user. |
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| | 9.2.5. |
The foregoing limitations of liability do not apply in the case of explicit guarantees by Gameforge, in the case of malice, and for damage due to the loss of life, limb or health as well as in the case of mandatory statutory regulations. |
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| | 10. |
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Contract duration; deletion of user accounts |
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| | 10.1. |
Unless stated otherwise for the respective online game or other service, the contract for the use of the Gameforge portal and online gaming and other service offerings is for an indefinite period. It begins with the registration or activation by Gameforge. |
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| | 10.2. |
The contract may be terminated by either party at any time with immediate effect, provided that there is no agreed upon temporary contract period. If a temporary contract period has been agreed upon, it may be terminated proper only at the end of the period. If it is not cancelled, the current temporary contract is extended automatically by the originally agreed contract duration. |
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| | 10.3. |
Either party has the right to terminate the contract for cause without giving notice. An important reason constitutes in particular, if |
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the user is in default with the payment of the charges, and does not pay despite warnings, |
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| | b) |
a behavior exists that affects the game experience of other players not insignificantly, |
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| | c) |
cheats, mods and/or "hacks" as well as any other form of software, tools or scripts are used that alter the gaming experience or the game mechanism of online games, |
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| | d) |
third parties play on the user account of the user, unless the rules of the game provide specific exceptions. |
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| | e) |
the user plays on the user account of a third party or uses more than one user account per online game, |
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| | f) |
the user of virtual objects that are used in online games uses these outside of online games, attempts to buy or sell for "real" money or tries to barter or |
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| | g) |
the user culpably violates laws, these terms of use, complementing existing conditions and/or rules of the game. |
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| | 10.4. |
Any termination must be in writing. Terminations via e-mail are considered in writing. |
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| | 10.5. |
In the presence of legitimate reasons (e.g. extended period of inactivity), Gameforge is entitled to cancel the user account. Moreover, Gameforge at its discretion is entitled to delete to user accounts at the end of the contract. |
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| | 11. |
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Privacy |
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| | 11.1. |
Personal data of the user are only collected, processed or used, when the user has consented or the Federal Privacy Act (Data Protection Act), the Telemedia Act (TMG) or another law allows or requires it. |
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| | 11.2. |
More detail pursuant to the Gameforge privacy declaration.. |
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| | 12. |
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Governing Law, Jurisdiction |
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| | 12.1. |
The law of the Federal Republic of Germany applies, excluding the CISG. |
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| | 12.2. |
If the user does not have a general jurisdiction in Germany or where the user is a merchant in terms of the Commercial Code, jurisdiction for all disputes is the headquarters of Gameforge. Gameforge is also entitled to sue at the general jurisdiction of the user. |
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| | 13. |
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Amendments to these terms of use, other, communications, escape clause |
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| | 13.1. |
Gameforge reserves the right to change these terms and conditions. Users will be informed of the change when they log in two weeks before the coming into force of the change at the latest, via the Gamforge portal or via the respective online game. Alternatively Gameforge can send its users the change in terms and conditions via e-mail or inform them that the change in conditions can be accessed through the Gameforge internet pages. The user declares its consent of the changed terms of use by logging in on the Gameforge portal again or the respective online game, after this change has become effective. Gameforge will inform its users of the two-week respite, the revocation rights and the legal consequences of their silence on such change in an appropriate form. |
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| | 13.2. |
The user may transfer rights and obligations under this contract only after prior written consent of Gameforge. |
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| | 13.3. |
The user is only entitled to set-off, when his counterclaim has been legally established or has been recognized by Gameforge and is uncontested. The user can only exercise a right of retention as far as there are claims arising from this contract. |
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| | 13.4. |
Gameforge communicates with the user – unless indicated otherwise by theses terms of use - usually by e-mail. The user makes sure that the e-mail specified at registration is checked regularly for messages from Gameforge. When contacting Gameforge, the user has to indicate which online game and which user account he/she is referring to. |
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| | 13.5. |
Any amendment and/or repeal of these terms of use must be in writing. This also applies for a change and/or waiver of written form. |
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| | 13.6. |
If any provision of these terms of use should be or become ineffective and/or oppose statutory provisions, the effectiveness of the remaining provisions of the terms of use are not affected. The ineffective provision shall be replaced by the parties by such a provision, which legally comes closest to the economic sense and purpose of the invalid provision. The above provision applies in case of loopholes accordingly. |
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