GTC and Customer Information, Right of Revocation
General Terms and Conditions
§ 1 Scope, Conclusion of contract
(4) The services are solely aimed at users according to § 13 of the German civil code. Commercial use of these services is prohibited. The use of these services is authorized for all persons who at the time of registration are 18 years old or older. Minors are only authorized to use these services with the permission of their parents or legal guardian(s).
(5) By registering, the user explicitly warrants that he/she is of majority age - or in case of minors, that he/she has obtained an express consent of his/her legal guardian to use these services.
(6) The contractual relationship begins with the registration of the user on the game portal or a specific service provided by the provider and of the acceptance of this registration by the provider by way of granting authorized access (an account). It ends with the termination of the contract by the user, be it through deletion of the account in question or through blocking or deletion of the account by the provider as well as by abrogation by the provider.
(7) By sending off the registration form, the user submits a binding request to conclude a Service Usage Agreement. (Also referred to as "Request to conclude a Service Usage Agreement"). In order to do this, all fields the registration form comprises of need to be filled in completely and correctly.
(8) The contractual agreements between provider and user mentioned in these General Terms and Conditions take effect with the conclusion of a service usage agreement or the acceptance of an application to conclude a contract over the use of additional services by the provider. Access to the account may be confirmed immediately or upon first fulfillment action of the provider. The receipt of this request shall be confirmed immediately electronically by sending a confirmation email to the email-address provided by the user. The access confirmation does not signify a binding acceptance of the usage agreement. The access confirmation can however be linked with the declaration of acceptance.
§ 2 Scope of Services
(1) The provider enables the user to use the provider's services in their respective state by making these available on the internet. The user is responsible for fulfilling the technical prerequisites for using these services.
(2) The user has no right to use the service offered by the provider. The provider especially reserves the right to reject or limit registrations made by the user to one or more services.
(3) The provider does not guarantee that the services offered meet the requirements of the user. The provider especially does not warrant that the services are suited to whatever goal the user may aspire to reach using the services.
(4) The user is to be informed that a constant, uninterrupted and complete availability of the service is not possible. The provider however does guarantee an annual average availability of 92% (ninety-two percent) or higher. Times in which the servers are unavailable on the internet due to technical or other problems that are beyond the reach of the provider (force majeure, influence of third persons, and others), as well as times in which game updates or standard maintenance activities are carried out, are exempt from this. The providers may limit access to their services if the security of network operations, the maintenance of network integrity, as well as especially avoiding serious network failures, failures of software or saved data should require this.
(5) The services are subject to ongoing development, adaptation and change. The provider therefore is free to change the content and appearance as well as to change or modify technical and other parameters at all times. The user cannot demand the preservation of certain technical or other features. The user is only granted the right to use the respective service in its respective current form.
The user has no demand to claim the preservation of the service as it was when the contractual agreement was entered.
The provider reserves the right to cease operation of these services at any time without justification. In this case, the user has the right (based on § 3 abstract 5a) to demand that fees that he/she has already paid in advance (e.g. for premium currency) either be credited to another service offered by the provider or that the provider offer restitution for services already paid for. The user does not have the right to any further demands because of the termination of services.
(6) Hints, tips and pieces of advice about the game communicated by the provider as well as employees or agents of the provider are non-binding. The user does not have the right to compensation for any disadvantages that may be caused by these pieces of information.
(7) Unless mentioned differently in the description of the services, the services offered by the provider are free of charge. The contents of § 3 remain unaffected of this.
§ 3 Premium currency, Additional Services, Payment Conditions
(1) The provider offer their users the option to purchase so-called premium currencies (coins, diamonds, coal, chips of paint, gems, crowns, etc.) in exchange for real money at different services. The costs for these premium currencies are indicated at the respective web page of each service. A purchase of these currencies requires the conclusion of an additional agreement that is independent of this Service Usage Agreement (Agreement for Additional Services). This shall occur in the frame of a separate and clearly identified ordering procedure. The ordering procedure is completed by the "buy" button. By confirming this button, the user expresses a legally binding declaration of intent that require him/her to pay the respective charges on conclusion of the contract.
(2) By using the premium currency, the user has the option to obtain certain additional services that a standard account would not normally offer. Booking specific additional services is no separate contract but solely the user's unilateral performance determination right in the frame of the agreement referred to in § 3 abstract 1. A detailed description of the booked additional services can be found separately on the web page of the respective service and may vary from service to service. In each case, the premium currency is only valid for the service it has been purchased for and is strictly non-transferable. The validity of the premium currency is limited to a period of 12 months starting with the purchase.
(3) For the Additional Services, the respective services' descriptions shall serve as special conditions in addition to these General Terms of Contract. The provider reserves the right to modify the manner, scope and content of the additional services.
In the vein of the development and modification of the game, the provider especially reserves the right to change certain services, to suspend them and/or to integrate them for free in already existing services.
(4) There is no obligation to purchase premium currencies. The additional services may consist of one-time services or may be restricted to a certain timeframe. Temporary services shall expire after the timeframe for which they have been booked has elapsed and can be re-booked if the provider still offers them.
(5) A compensation or refund for premium currencies that have been purchased and already used for services is not possible as a rule. This does not apply should the Agreement for Additional Services have effectively been repealed according to § 4, nor when the provider has changed or ceased the operation of these services, or has begun offering them free of charge during the contractually agreed upon time of use.
a) Premium currency that has been purchased with real money within ten weeks before the operation of a service is ceased, can be exchanged for another service of the provider (to be chosen by the user). Alternatively, the user may request a refund of premium currency that has been purchased with real money within ten weeks before the provider ceases to offer the service in question. The user has to direct a respective desire in written form to firstname.lastname@example.org within a period of ten weeks after the purchase of premium currency.
b) Should the user already have used premium currency valid for a specific time in advance and is unable to use them due to reasons caused by the provider (e.g. ceased operation, services being offered free of charge, or due to constant unavailability of the additional services), the provider shall offer the user mainly different additional features as a replacement or return the paid amount (for instance the value of the premium currency) pro rata temporis. The user's right to extraordinarily terminate the Agreement for Additional Services due to unusable additional services according to § 8 abstract 4 remains unaffected of this. The user has no right to other claims.
(6) The provider has the right to receive advance payment in the form of premium currencies for additional services offered. The charges for purchasing premium services shall be due and payable immediately on conclusion of the contract, i.e. by confirming the purchase of the premium currency. The provider offers various different methods of payment. The user cannot claim the provider is obliged to use certain payment methods or continue their operation. Payment will be collected according to the payment method the user has chosen. The user is explicitly informed that the payment providers, depending on the selected payment method, only transfer part of the money collected to the provider. Except in case of an effective revocation, a claim of the user to be refunded or reimbursed for payments, this refund is limited to the net amount the provider has in fact received. The provider does not refund any fees that the payment service provider has deducted.
(7) In the event of default of payment, the provider has the right to terminate the extra services offered as well as to block the account in question with immediate effect. This does not affect the duty of the user to pay the agreed-upon amount.
(8) If the provider suffers financial damage at the hands of the user, the user will have to bear the resulting costs the provider has incurred due to this. In this case, the provider has the right to collect these payments in addition to the previously agreed-upon amount.
(9) The user may respond to claims from the provider only with justifiable counter-claims declared to be legally binding. Forfeit of the user's claims to a third party are not permitted.
§ 4 Right of Revocation concerning premium currency and additional services
Right of revocation
You may revoke your contractual statement within 14 days in written form without giving reasons. The cooling-off period consists of 14 days starting at the day the contract was concluded. To exercise your right of revocation, you need to inform us
Telephone: +49 (0) 951-510908
Fax: +49 (0) 951-510908102
by means of an explicit statement (such as a letter sent via post, fax or email) regarding your decision to revoke this contract.
You may use the attached model withdrawal form to do so. Using this form is not mandatory.
Model withdrawal form:
(To revoke your contract, please complete this form and return it to us.)
- To upjers GmbH, Hafenstraße 13, 96052 Bamberg, Germany; Fax: +49 (0) 951-510908102; Email: email@example.com
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the following goods (*) / for the provision of the following service (*):
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
To observe your cooling-off period, all you need to do is send off the statement informing us of your decision to revoke the contract before the cooling-off period has ended. Consequences of Revocation:
If you revoke this contract, we need to return all payments we received from you, including the shipping costs (excepting the additional costs that apply because you chose a type of delivery that differs from the standard, cheapest delivery we offer) immediately and within no less than fourteen days starting at the day we received the notice of your revocation. To effect the reimbursement, we will be using the same payment method you used for the initial transaction, unless explicitly otherwise agreed upon; you will under no circumstances be charged for this reimbursement.
End of instructions on the right of revocation
Special note: Premature expiration of right of revocation
The right of revocation shall expire prematurely if you have given your explicit consent that upjers shall be starting to fulfill the agreement prior to the ending of the cooling-off period and after you expressly confirmed that by consenting, you would be losing your right of revocation starting with the beginning of the fulfillment of the agreement.
§ 5 Claims for Defects
(1) The provider offers access to the service and additional services to the user in their respective current versions. The user has no claim to preservation or arrangement of a previous state of the service or additional service.
(2) The user should be aware that the software that the provider enables him to use cannot be rendered completely faultless. The service is only to be deemed deficient if the playability of the game is strongly hindered.
(3) To his/her own protection and to be able to offer proof, the user is advised to send all claims to the provider in written or via email.
(4) Errors outside of the provider's control (force majeure a.o.) or errors caused by the user, or by changes not carried out by the provider or changes that cannot be attributed to the provider or other forms of manipulation, can never be subject to claims for defects.
(5) Guarantees according to the law are not being given by the provider, unless otherwise explicitly agreed upon in written.
§ 6 Accountability
(1) If services are provided for free, the provider is never held accountable for any kind of damage, unless that damage is caused by gross negligence or inflicted deliberately.
(2) If the provider asks payment for services, he shall be liable without limit for intentional and grossly negligent acts.
(3) In case of slight negligence, the provider will only be made liable in case of essential contractual obligations. Essential contractual obligations or cardinal obligations in line with the established case law of the Court of Justice are those obligations whose fulfillment is a prerequisite for enabling the proper fulfillment of the contract in the first place and on whose fulfillment the user may rely. The liability to pay damages is limited to the typically occurring and foreseeable contractual damage.
(4) The aforementioned exclusions of accountability are not valid in the case of threats to life or health. They are also not valid if this damage was caused by a violation of the contract in the first place. This does not refer to the provider's accountability according to the Product Liability Act as well as where §44 a of the German telecommunications customer protection act (TKG) is applied.
(5) The aforementioned exclusions and restrictions of accountability are also valid with regard to the accountability of employees, co-workers and other personnel of the provider, especially if it is in favor of the shareholders, co-workers, representatives, and other bodies and their employees with regard to their personal accountability.
(6) The provider explicitly distances themselves from the content of all pages that are either directly or indirectly linked to the service offered by the provider ("links"). The provider cannot be held accountable for the content and sites. The providers of the sites in question are responsible for their content. The provider has no explicit control of third-party websites. It is not known to the provider that any such websites violate any applicable laws. If this should be the case and is reported to the provider, the link to the site in question will of course be removed by the provider immediately.
(7) A change of the burden of proof to the disadvantage of the user is not associated with the above provisions.
§ 7 Duties of the User
(1) The user obligates him- or herself to keep access data for the service or services undisclosed. He may not pass this information on to a third party.
(2) The user obligates him- or herself to use only one account per service. The simultaneous usage of multiple accounts with one service (so-called multi-using) is not permitted.
(3) Usage of external scripts or programs to automate participation on these services (e.g. via so-called bots) is not permitted.
(4) The user obligates him- or herself not to use bugs or other programming errors to his/her advantage. Any advantages that may have occurred from this are to be reversed or repaid and may be revoked by the provider. The user has to keep actual or supposed bugs or irregularities a secret and to report them to the provider without delay.
(5) The user obligates him- or herself not to post or distribute any pictures, links, names or words that are in any way commercial, political, insulting, sexist, pornographic or otherwise morally questionable or objectionable in the frame of the services. The user also obligates himself not to use any copyrighted terms, names or images. In case of doubt, the user has to remove these contents as soon as possible if called upon to do so by the provider. The provider has the right to remove the offending content manually.
(6) The user has to obey any decree or ordinance from the part of the provider and their employees. This rule is also valid for decrees issued by administrators or moderators of the official forum that is linked to the game in question.
(7) A deliberate violation of these duties gives the provider the right to exclude the user from the service in question and to block or delete the user's account or accounts. Compensation for Premium currencies already credited to one or several accounts at the time of their closure or deletion will not be issued. Compensation for services booked and paid for by one or several accounts at the time of their closure or deletion will not be issued.
§ 8 Abrogation
(1) The user has the right to terminate his/her participation on one or more services without giving reasons or having to adhere to a deadline.
(2) The provider has the right to terminate single, several or all services at all times without having to adhere to deadlines, if the services are to be terminated.
(3) If the user has booked additional services via premium currencies for a specific running time in advance, the right to an extraordinary termination of contract shall be excluded for this period of time.
(4) The right of both parties to terminate the Service Usage Agreement for good cause and the Agreement for Additional Services respectively (extraordinary termination of contract) at any time shall remain unaffected.
(5) Should the provider be responsible for the extraordinary termination of the Service Usage Agreement and the Agreement for Additional Services respectively, payments that the user has made in advance for a period of time which exceeds the time of termination and a compensation for lost value for the used premium currency (especially for additional services) respectively shall be returned to him/her on a pro-rata basis. The user does not have the right to any additional claims, unless stated otherwise in these General Terms of Contract.
(6) The provider has the right to terminate an account because of important reasons (though not exclusively because of such reasons), if
- the user is lagging in payment for extra services, the amount of money that is due exceeds 5 Euros, and the user has been given notice at least twice
- the user deliberately violates the rules of the service and does not end this behavior when called upon to do so. An admonishment is not necessary if it is deemed unreasonable for the provider to retain the contract, for instance in the case of unusually heavy infractions (multiple accounts per player, criminal offences, etc.)
- the user has not used his/her account in spite of admonishments for at least four weeks.
(7) If the service platform does not provide the possibility of abrogation, each abrogation must occur in form of a text (email), stating the reasons for abrogation. Extraordinary cancellations must be made given reasons at all times.
(8) Because of technical reasons, complete deletion of user data and accounts is effective only after a delay of a couple of days.
(9) In case of a justifiable abrogation by the provider for significant reasons, the user has no right to a refund for the services that are affected by the abrogation.
§ 9 Written Form
§ 10 Transfer of Rights
The right to contents a user posts during the frame of a service, remains with the respective user. By entering the content, the user merely gives the provider a simple, free-of-charge license to use these contents that can be withdrawn at any time, especially the right to making the content available publicly.
§ 11 Severability Clause, Other
(1) If one or several of the agreements here are objectionable or invalid, the rest of the agreements are unaffected by this.
(3) The company domicile (Bamberg) shall be the legal venue for all possible disputes relating to these contracts. If the user 's domicile is a country outside of the Federal Republic of Germany, the company domicile remains the legal venue. This also applies if the exact domicile of the user was unknown at the time of the accusation.
(7) Services the user has paid for and whose duration would outlive that of the agreement are to be refunded to the user on a pro rata basis. The user has no right to other claims.
(8) The provider will specifically point out the possibility of abrogation, objection to the terms of agreement, and the legal consequences thereof, especially with regard to the absence of an objection to the agreement to the user.
Valid as of June 2014
CEO: Klaus Schmitt
Address: Hafenstraße 13, 96052 Bamberg, Germany
Email: firstname.lastname@example.org (no support)
Phone: +49(0)951/5109080 (no support)
Fax: +49(0)951/510908102 (no support)
Registration court: Local Court of Bamberg
Company registration number: HRB 5558
VAT number: DE275673923