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Terms and Conditions
Payment-Terms and Conditions
The company Gameforge Productions GmbH, Albert-Nestler-Strasse 8, 76131 Karlsruhe,
HRB 701682 local court of Mannheim, hereinafter referred to as Gameforge,
requests all users of games of Gameforge Productions GmbH to read and accept the
following Terms and Conditions before registering:
This Terms and Conditions have been published at 2007-05-30 and are effective from 2007-06-14
The Terms and Conditions which are valid till the 2007-06-13 you can see
here
§1 Services
(I) Conditions of participation
To participate at any game of Gameforge, each user has to accept the Terms
and Conditions. Terms and Conditions refer mainly, but not exclusively to
all services of the online presence of Gameforge.
(II) Liability
Gameforge is always attempting to ensure that all services are available.
However, to circumstances beyond our control, some services may not be
available on-demand. Due to this, no user has any claim regarding the
availability of services. The carrier is not liable in any way for server
breakdown, faulty programming etc.
The occurrence of any disadvantages for a user resulting from server
breakdowns, faulty programming etc. does not entitle the user to claim the
recovery of his/her account's status before the occurrence.
See §8 of these Terms and Conditions concerning liability terms.
§2 Membership
(I) Beginning of membership
Membership commences after either a Game and/or Board Account has been
registered.
The user must use a valid e-mail address. Gameforge reserves the right to
test this at any time.
(II) Termination by User
The membership may be terminated by the user by deleting the account. The
erasure of data information may be delayed for technical reasons. The
retaining of personal data is regulated by §6.
(III) Termination by carrier
No user has any claim to take part at a service from Gameforge.
The carrier reserves the right to delete or to block accounts, mainly but
not exclusively, in a case of violation of these Terms and Conditions or
Game/Board Rules. The project management decide if an account is deleted.
Objections may only be raised towards the project management. There is no
legal claim with regards to account termination.
(IV) Refund
The user is not entitled to claim refunds except if the membership was
terminated by Gameforge and the user did not cause the termination through a
breach of the Terms and Conditions, the Game/Board Rules or the applicable law.
(V) Miscellaneous
If an account is financed by a user, the user gains only the rights he/she
paid for (e.g. advertising-free account, usage of an account, special functions) and is not in
the position to make a further claim. All rights stay with the carrier.
§3 Contents / Responsibility
Gameforge provides a platform that allows users to communicate with each
other. Users are responsible for the contents of their communication.
Pornographic, xenophobic, offensive and illegal content are not permitted
and are not within the responsibility of the carrier. Violations could lead
to a direct deletion or blockage from any and all Gameforge services.
§4 Prohibited actions
(I) Manipulative actions
No user has the right to use any actions, mechanism or software in
conjunction with the website(s) which could interfere with the function and
development of the game. Users are not permitted to take actions, which
cause an unacceptable or excessive strain of technical capacities. Users are
not permitted to block, overwrite, or modify content which was generated by
the project management.
(II) Prohibited programs
It is prohibited to load any sites of the game with any other programs than
web browsers. Such other programs are in particular so called "Bots" as well
as other tools that simulate, replace or supplement the web interface. The
same applies to scripts and completely or partially automated programs that
provide advantages towards other users. Auto-refresh-functions and other
integrated mechanisms of the web browser are included, as long as those are
automated actions. The usage of actions which disable advertisements is
prohibited. It is inconsequential if the advertisement is blocked on purpose
or is generally blocked through a pop-up-blocker, text based browser or other
similar function. The only exemptions from this are those which have
explicitly obtained permission from Gameforge.
(III) Direct log-ins
The log-in into an account is permitted directly from the games startpage
only. Automated opening of an account, no matter if displaying the start
page or not, is prohibited.
§5 Restrictions
(I) Maximum number of accounts
All users agree to use only one account per server. So called "Multis", i.e.
users who do not comply with this agreement, can be deleted or
blocked without prior notice.
(II) Rules
Full particulars are contained in the gamerules. All users are subject to
the game rules.
(III) Blocking
Users can be blocked temporarily or continuously at the carriers discretion.
The blocking could also be for any and/or all services.
§6 Data protection
(I) Storage of personal data
The carrier reserves the right to store personal data of users in order to
supervise the obedience of users to the rules, the Terms and Conditions and
the applicable laws. Subject to storage may be the IP address in connection
to connection time and connection method, the registered email address and -
if available - all data from the user's profile which is entered
voluntarily. In boards the profile data which is entered by the user
is stored.
(II) Transmission and usage of data
The carrier reserves the right, in compliance with the German Data
Protection Act and all other applicable legal statutes, to disclose personal
data
to authorities, attorneys or clerks, if it is required for, and as far as
necessary, the protection of the carriers interests and rights or the
protection of the authorities legal duties.
In addition to that, user data can be given away to third parties for promotional issues.
(III) Objection
The user can object to the storage of personal data at any time.
As the participation of games requires the storage of personal data for
technical reasons, the user account/accounts will be deleted on receipt of
the objection at the earliest possible time, subject to technical
availability.
§7 Rights of the carrier regarding the accounts
(I) General rights
All accounts, including their resources, units, etc. are virtual objects of
the game. The user does not obtain ownership or any other rights to
the account. All rights are reserved by the carrier. No rights, in
particular exploitative rights, are assigned to the user.
(II) Prohibition of exploitation
Without written permission of the carrier, it is prohibited to agree with
third parties upon the transfer, the utilization or the provision of
accounts or access data. In particular, it is prohibited to sell accounts or
resources, or to make any other profit by leaving accounts or resources to
third parties. The same applies to selling access data, rights of utilization
as well as any other attempt to evade this regulation. Violations of these or other rights
of the carrier, in particular copyrights, will be reported to authorities
and prosecuted.
(III)Exceptions
It is not prohibited to transfer accounts finally and free of charge, as
well as the internal "trading" of resources, if and as far as allowed by the
game rules.
§8 Liability
The carrier is not liable for any damages caused by the use of games of
Gameforge, except for damages that were caused willfully or by gross
negligence as well as all damages from death or personal injury. Gameforge
therefore reminds users that excessive participation in computer games
involves the risk of serious personal injury.
§9 Modification of Terms and Conditions
The carrier reserves the right to modify or extend these Terms and
Conditions at any time. A modification or extension will be published for
not less than two weeks before the changes become effective.
§10 Applicable law
German law is exclusively applicable for all legal matters with regards to
Gameforge. If several areas of jurisdiction are applicable, the area of
jurisdiction is that which governs Gameforge. In international legal matters
the courts at the jurisdiction of Gameforge are solely responsible.
In addition to the policies mentioned before, the following
rules apply for every payment action concerning the participation in the game.
(Payment- Terms and Conditions)
A Payment
(I) Type of payment
The types of payment vary due to participant countries, the available types of
payment on the market and technical possibilities.
(II) Type of commitment
Whether the payment is a one time payment or a subscription is dependant
upon the method of payment. If it is a subscription the user receives an
extra notification. Duration and extension conditions of a subscription
depend on the type of payment and are in each case described in the
registration area. The mentioned details are part of the contract.
(III) Maturity
The payment is mature for the user after the completion of the activation.
The collection of the payment is done by the provider who is authorised
for this type of payment. Subsequent payments are considered mature
upon the expiration of the paid period (start of the subscription extension).
The collection of payment may take place in advance in order for the
service to be used without interruption.
(IV) Back load
If the payment method (cell phone credit, bank credit) does not contain sufficient funds a return debit note will then ensue. Following this
there is automatically an administrative charge of an additional €10.00 per backdated payment if the User does not prove a lesser claim. After a rejected payment from a credit card
payment the administrative charge is €40.00 if the User does not prove a lesser claim. Until the full payment of the commitment is received, the user is excluded from the game.
(V) Reminder
If there is a arrears of payment a reminder will be sent to the e-mail address registered to the user account. It is the responsibility of the user to ensure that this e-mail address is valid and able to be accessed.
(VI) Default
Users are also considered to be in default without a reminder if payment is not received 14 days after the maturity of the payment.
(VII) Collection
In the event of non-payment, a reminder (or in case of delay, the payment case) may be referred to a collection firm with all required data from the user. Costs incurred thereby and thereafter are the responsibility of the user.
(VIII) Trivial Amounts
Amounts up to €5.00 will not be sought by Gameforge and could not be ordered back by the user in any case.
B Revocation/ termination
(I) Right of revocation
There is no right of revocation in particular because of § 312b III Nr. 6 BGB.
(II) Termination
If the payment was made as an subscription, it is terminable upon conclusion of each subscription period, this must take place at the latest 15 working days before the expiration date which is shown in the game account. If the user doesn´t cancel his subscription it is extended automatically for another period. Gameforge provides different availabilities for each type of payment to terminate the subscription. The user receives a notice providing information to find the website. The user has also the opportunity to fill out the formula under http://support.gamepay.de to get an answer. A termination needs to be done independently from the termination or deletion of an account.
C Data protection / integration of third parties
Gameforge avails itself of the assistance of third parties because of the completion of payment procedures. All third parties are bound by law to keep the user data confidential. User data will only be forwarded in the event of a user failing to follow his/her liabilities.
Data which has been provided during the payment procedure are not going to be given away after § 6 II of this Terms and Conditions. More information regarding data protection can be found here.
The users is permitted to contest these Terms and Conditions until 14 days after their publication. Taking part in the game
without accepting the Terms and Conditions is not possible out of technical reasons, as because of that contesting the terms and conditions whilst playing following acceptance of them is the same as a termination and leads to an exclusion from the game. Contesting the Terms and Conditions could also be declared with a deletion of the account.[img][/img]
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