gamefabrik GmbH operates an online gaming portal at www.gamefab.de (hereinafter Portal). A range of online games as well as other services is offered on the Portal. These services include, for example, the possibility of creating a profile page, participating in blogs and forums, uploading media such as photographs, texts, and games, and purchasing virtual items or other services. The players of gamefabrik GmbH games and services, as well as the users of the Portal, are hereinafter referred to as Users. In the following general terms and conditions (hereinafter referred to as Terms & Conditions), references made to "Games" or "Services" will pertain to the games and/or services offered by gamefabrik GmbH. The business relationship between gamefabrik GmbH and Users shall be exclusively based upon these Terms and Conditions, as well as the Data Protection Policy and the Imprint, which both constitute an integral part of the Terms and Conditions.
The contractual partner is gamefabrik GmbH. User Terms & Conditions are not considered part of the general contract unless gamefabrik GmbH approves these in writing.
The following Terms & Conditions apply to the use of the Portal and the Games and Services. The Games and Services can be accessed primarily through a personal computer connected to the Internet by telephone, ISDN, broadband, or equivalent connection. In addition, various other Internet-capable devices may be used, whereby the scope of operation and/or display characteristics may be limited.
These Terms & Conditions expressly exclude questions which might arise with regard to the establishment of Internet access, connection to websites and online games, and third-party software such as web browsers or access software, as these Services are not provided by gamefabrik GmbH.
1.1.1 gamefabrik GmbH offers its Games and Services exclusively to Users with respect to the German law. The use of gamefabrik GmbH Games and Services for pecuniary or any other commercial purposes is hereby prohibited.
1.1.2 Only those individuals who have reached the age of 18 are entitled to use the full scope of Games and Services provided by gamefabrik GmbH. Individuals under a certain age who have the express consent of their legal guardian may nonetheless be prohibited from participating in particular games due to age restrictions specifically applicable to those Games.
1.1.3 By registering to use the Games or Services, the User expressly warrants and represents that (i) he/she has reached the age of majority and is legally competent and/or (ii) in case of being a minor, he/she has obtained an express consent of his/her legal guardian(s). Furthermore, continued use of the Games and/or Services by minors that have reached the age of majority shall signify approval thereby of any and all declarations of intent previously made in connection with the user agreement, unless gamefabrik GmbH is notified in writing of such an approval being withdrawn within two (2) weeks of the date the minor reaches the age of majority.
1.1.4 Users residing in Cuba, Iran, North Korea, Sudan, and Syria are expressly prohibited from using the games.
1.2.1 The gamefabrik GmbH offers its Users the possibility of using Games and Services which are offered by gamefabrik GmbH subject to existing technical and commercial capabilities.
1.2.2 Participation in the Games is for entertainment purposes only.
1.2.3 gamefabrik GmbH, as part of its Services, stores certain information on the Portal and offers its Users the possibility of uploading information to the Internet and creating personal profiles, etc., which can be viewed by other Users of gamefabrik GmbH Games and Services as well as by third parties. Furthermore, the User can also communicate with third parties via the Portal, upload and exchange photographs, videos, games, music, and other media, publish blogs and comments, and rate games, other Users, third parties, or transactions.
1.2.4 The use of gamefabrik GmbH Games and Services online is made possible through the provision of the necessary applications at the respective URLs by gamefabrik GmbH. gamefabrik GmbH also reserves the right to offer or sell its Games on other digital media and which may have a range of features that differ from the online versions of said games. Such a sale of these Games is not subject to these Terms & Conditions.
1.2.5 The use of gamefabrik GmbH Games and Services is expressly limited to individuals who previously created a customer account (hereinafter referred to as Account) at the time of registration. An Account can be created at the Portal or at the URL of the respective Game(s). An Account which has been created at the Portal enables the User access to any of the Games subject to the conditions set forth in Sec. 1.1 above.
1.2.6 Registration, i.e. an application to open an Account, can be accomplished by filling out a form electronically and providing the information requested therein. The use of gamefabrik GmbH Games and/or Services will be permitted from the time an account is created for the user by gamefabrik GmbH.
1.2.7 The user must not use more than one account to play Mars Tomorrow ("Prohibition of multi-accounts"). Users who use more than one account to play, particularly to interact and communicate between several accounts owned by the same user, will be banned from the game ("Prohibition of pushing").
Communication, or any kind of interaction whatsoever, between accounts of the same User is prohibited (ban on “pushing”). In particular, an Account may not be used to create advantages for another Account from the same User, for example, to transfer items or game currency from one Account to another Account of the same User, or to allow one Account to fight against another Account of the same User.
1.2.8 After creating an Account, the User may use the respective Game and/or Service by opening the Portal or the corresponding URL and then logging in.
1.2.9 The use of Games and Services is only authorized via web browser or special tools made available and expressly permitted by gamefabrik GmbH (ban on unauthorized scripts). In other words: The use of programs that cause excessive server load is strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros, etc. or to reproduce or evaluate games, game components, or content provided on the Portal is prohibited.
1.2.10 The use of programming bugs and/or errors to achieve personal gain is strictly prohibited. Recognized bugs should be reported as quickly as possible in the bug forum or by e-mail.
1.2.11 The User is not entitled to open an account or to publish any information whatsoever on the Portal.
1.2.12 All respective, current technical and other Game and participation requirements for Services offered are contained on the Portal and/or the respective Game websites.
1.2.13 All Games and Services are updated, adapted, expanded, and modified regularly. For this reason, the User is only granted the right to use the current version of the respective Games and Services.
1.2.14 The use of the Games in their respective basic version is free of charge. Some features are only available to paying customers (see Sec. 7 below). Use of the Services is free unless otherwise stipulated in the description of the respective Services.
1.2.15 The User has no right to retain the Games and/or Services of the version current at the time of the conclusion of the contract. gamefabrik GmbH reserves the right to cease operation of individual gamefabrik GmbH Games and/or Services at any time without prior notice or justification. At his or her own discretion, the User may request, in such an event, that fees paid in advance within the scope of continual obligations (e.g. for Premium memberships, subscriptions) be credited to his/her account for other Games and/or Services operated by gamefabrik GmbH, or that gamefabrik GmbH recompense all fees paid in advance. The right does not apply to fees for services that have been fully rendered within the scope of individual obligations (e.g. individual orders).
The User's right to terminate the agreement with immediate effect due to Games and/or Services that are unable to be used remains unaffected. Further claims made by the User are hereby prohibited unless otherwise expressly described in these Terms & Conditions.
2.1 By filling in the registration form for the Account, the User enters into a binding contract (hereinafter referred to as “User Application”). For this purpose, all fields of the registration form marked as being “required” must be filled in completely and correctly.
2.2 The agreement between gamefabrik GmbH and the User is considered valid when gamefabrik GmbH approves the User Application. Confirmation of the User Application can be explicitly communicated by gamefabrik GmbH as a result of an action on the part of gamefabrik GmbH.
2.3 gamefabrik GmbH will promptly send a confirmation e-mail acknowledging receipt of the User application to the e-mail address provided by the User at the time of registration. This acknowledgment of receipt does not represent a binding approval of the User Application. The acceptance of the User application and the confirmation to access gamefabrik GmbH Games and Services can, however, be sent together with the acknowledgment e-mail.
Cancellation Policy: Without having to state any reasons, the User can revoke his/her declaration of intent to enter into a contractual agreement for gamefabrik GmbH Games and Services and to order Premium features within a period of fourteen (14) days.
The cancellation period totals 14 days and shall begin from the date of contract conclusion.
In order to exercise the right of cancellation, the User must inform gamefabrik GmbH (gamefabrik GmbH, Gieselherstr. 7, 50739 Cologne, Germany, Email: info@gamefab.de) about his/her decision to terminate his/her contract declaration on the use of Games and Services and the order of Premium Features through a clear statement (e.g. a letter sent in the mail or email). To do this, the User may use the sample cancellation form provided below; the use of this form however is not mandatory. The cancellation deadline shall be considered met as long as the notification concerning the exercise of the right of withdrawal is sent by the consumer before end of the cancellation deadline. In order to quickly process cancellations sent via email, it is useful to specify the name of the game as well as any premiumfeatures or services, plus the user’s name and user ID in the email’s subject line.
Consequences of Cancellation:
In case of user cancellation, all payments made by the User to gamefabrik GmbH, including any associated delivery/shipping costs (excluding any additional costs arising on the part of the user selecting another type of delivery other than the cheapest standard shipping offered by gamefabrik GmbH), must be returned immediately and at the latest within 14 days of gamefabrik GmbH receiving the notification of user cancellation. To repay the User, gamefabrik GmbH shall use the same means of payment used by the User for the original transaction, unless the User explicitly agrees upon otherwise; under no circumstances shall the User be charged any fees for this repayment.
Please note:
The Cancellation shall not be considered valid if digital assets are delivered which are not supplied on a tangible medium, when the execution has already begun with User’s express prior consent and his/her acknowledgment that he/she thereby shall lose his/her right of cancellation. End of Cancellation Policy Sample Cancellation Form (Should you wish to cancel the contract, then please fill out this form and send it back to us.) To gamefabrik GmbH, Giselherstr. 7, 50739 Cologne, Germany, e-mail: info@gamefab.de
I/We(*) hereby give notice that I/We(*) withdraw from my/our* contract on the purchase of the following goods*/the provision of the following service (*)
Ordered on (*)/Received on (*) Name of the consumer(s) Address of the consumer(s) Signature of the consumer(s) (only for notification on paper) Date (*) Delete as applicable.gamefabrik GmbH guarantees that its Games and Services will be available 90% (ninety percent) of the time on a yearly average. Excluded from this percentage are time periods in which gamefabrik GmbH portal servers, individual Games and/or Services are not available on the Internet due to technical or other problems which are outside the control of gamefabrik GmbH, such as force majeure, third-party fault, etc. as well as periods in which routine maintenance work is carried out. The liability of gamefabrik GmbH with regard to inaccessibility of the games and/or services by intent and gross negligence remains unaffected. gamefabrik GmbH can restrict access to its Games and Services if required for network security and preservation of network integrity, especially with regard to the prevention of severe breakdowns or interruptions of the network, software or stored data.
5.1 The User accepts these Terms & Conditions as binding by submitting his/her User Application and using gamefabrik GmbH Games and/or Services. These Terms & Conditions apply for each login to the Portal, especially when any of the gamefabrik GmbH Games and/or Services are used. The Terms & Conditions can be printed out or saved onto digital media before sending the User Application.
5.2 gamefabrik GmbH reserves the right to change or amend these Terms & Conditions with regard to future arrangements at any given time, provided this is deemed necessary and if the User is not put at a disadvantage in a breach of good faith.
5.3 The User will be notified of the changes made to the Terms & Conditions either by e-mail or on the website of the Games and Services offered by gamefabrik GmbH. Changes to the Terms & Conditions will always be provided to the User with a highlighted announcement at the next login. The modified Terms and Conditions shall be effective immediately, provided that the User has agreed to them. Furthermore, the conditions as stipulated in the second and third sentence of section 5.1 shall apply.
5.4 If the User objects to the changes of the Terms and Conditions, both parties are entitled to terminate this agreement with a one-month notice unless both parties have the right to terminate without notice according to Sec 8.1. Until termination has been finalized, the original Terms & Conditions will remain in effect. Any payment made for Games and/or Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered hereby invalid.
5.5 gamefabrik GmbH, in the course of informing the User about such changes, will especially inform the User about the possibility of objecting to the changes, cancellation of Services.
5.6 Unless otherwise stipulated in these Terms & Conditions or in other agreements with the User, gamefabrik GmbH will generally communicate with the User by e-mail. The User will ensure that he/she can receive all e-mails sent by gamefabrik GmbH to the address he/she submitted to gamefabrik GmbH at the time of registration and at subsequent times. He/she is responsible for settings and maintenance of the spam filter and for regularly checking all incoming e-mail sent to this address. gamefabrik GmbH reserves the right to correspond with Users using whichever form of communication they deem necessary.
5.7 Upon contacting gamefabrik GmbH, the User will indicate which Games and/or Services and which Game and/or Service Account his/her correspondence pertains to.
6.1 Instructions and rules of the Games and/or Services will be published on the portal and/or on the websites of the respective Games and/or Services.
6.2 The User is consciously aware that he/she plays together with numerous other Users in online games, and that he/she communicates with different Users of Services over the Portal. In order to ensure successful interaction between the Users in the Games, it is imperative that the rules are observed by all Users. By using gamefabrik GmbH Games and Services, the User thereby acknowledges the rules and participation requirements as legally binding.
6.3 The User will also refrain from undertaking any other activity which could interfere with the normal operation of Games and/or Services or disrupt the successful interaction between Users.
gamefabrik GmbH provides Users access to the Games in principle as of the creation of a User Account (see Sec. 1.2 above). In this case, the User will initially only be provided with a basic version of the Game. The creation of an Account and the use of the basic version are free of charge. The basic version of the Game can be used indefinitely and without restrictions in Game function, without prejudice to gamefabrik GmbH right to withdraw the Game. In the basic version, the User does not have full access to all Game features.
The User has the option of receiving features which are not available in the basic version (hereinafter referred to as “Premium Features”) in return for payment. The Premium Features offered may vary from one Game to another. Information pertaining to the prices of the Premium Features offered, the functions included with these Premium Features and their requirements for use can be obtained from the website of each respective Game. Depending on the Premium Feature and price, a one-time payment may have to be made in order to credit an Account with features or items which may be used for certain purposes subject to the respective rules of a Game, or to make payments which are due periodically, such as on a daily, weekly, monthly, quarterly, semiannual or yearly basis. All prices listed include all possible applicable taxes. All Games are updated regularly. gamefabrik GmbH therefore reserves the right to offer new Premium Features at any time. In the course of adapting and developing the Games, gamefabrik GmbH also reserves the right to discontinue individual Premium Features and/or to offer them in the basic version (see Sec. 7.1.1 above). All Users are excluded from reimbursement of fees paid. In the event of a permanent discontinuation of a gamefabrik GmbH Game, section 1.2.15 shall apply.
If the User is a minor, he or she expressly declares when ordering the premium features that he or she has received the means of payment necessary for these services or were freely available to him or her. If there is a possibility of downloading software to a mobile phone allowing access to individual Games, the rules for Premium Features will also apply for payment of these accrued costs.
If payments for Premium Features are to be made at regular intervals, the User effectively enters into a subscription for these Premium Features that will automatically be renewed if it is not cancelled by the User before the end of the set time limit as stipulated in Sec 8.2 below. The subscription terms are described in the rules for the respective Games.
gamefabrik GmbH is authorized to ask for advance payment for the use of Premium Features (see Sec. 7.1.2 above). Such payment will be due upon conclusion of the contract and will be debited from the bank account or charged to the credit card account provided by the User, inasmuch as the User has not opted for another form of payment, for example, payment by text message for Premium Features. The amount to be collected will be displayed as “GAMEFABRIK” or “gamefabrik GmbH” on credit card bills or bank account statements.
gamefabrik GmbH reserves the right to reduce prices or to offer new products, services or methods of payment at any time either on a temporary or permanent basis. In addition, gamefabrik GmbH is authorized to change prices at any given time with six week’s notice either in writing or by e-mail sent to the address provided by the User. The changed price will take effect if the User does not object to the changed price within six weeks. The contractual relationship will be carried forward according to the conditions and prices which were changed. gamefabrik GmbH, in the course of notifying the User about these changes, will inform the User about the possibility of objecting to the changes, cancellation of services, the set time limit and legal ramifications in the case of failing to submit an objection.
If the User objects within the set time limit, both parties reserve the right to terminate this agreement at the end of one month, unless the right to terminate immediately according to Sec 8.1 already exists. Until termination of the contract, the original Terms & Conditions will remain in effect. Until termination of the contract, the original Terms & Conditions will remain in effect. Any payment made for Games and Services which extend beyond the termination date will be reimbursed to the User on a pro-rata basis. Further claims by the User are considered invalid.
In case of late payment, gamefabrik GmbH is authorized to charge interest set at 3% above the applicable legal lending rate in Luxembourg. gamefabrik GmbH is also entitled to discontinue Services and to suspend the User’s Account(s) if payment is overdue. During the Account suspension period, no charges for subscriptions which have been entered into will accrue. gamefabrik GmbH, however, is authorized to impose a processing fee for suspending an Account, for informing the User of Account suspension, for reactivating the Account or for creating a new Account upon payment in full. The amount of the processing fees can be found on the Portal by accessing the respective Game and Service. The User is entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.
Any direct debit authorization the User may have previously given to gamefabrik GmbH shall convert into a SEPA direct debit authorization. gamefabrik GmbH shall inform the User in advance before debiting his/her account (within five banking days prior)
8.2.1 If no limited period of time has been agreed upon for a contract, both parties may terminate the contractual agreement in a due and orderly manner with immediate effect.
8.2.2 If a contract (e.g. gaming or service usage contract) for using the Games and Services and/or premium features has been agreed upon for a set period of time (see Sec. 7.1.2 and Sec. 7.1.3), said contract will be automatically renewed for the same period after the original contract expires. unless the contract has been terminated by the user at least 14 days prior to the end of the contract period.
8.3.1 The parties may also terminate the contractual agreement for important reasons at any time without prejudice to the above regulations.
8.3.2 In the event that gamefabrik GmbH is responsible for a premature termination of the contractual agreement for important reasons, the User will receive a pro-rata refund for any payments made by them, if applicable, (especially for Premium Features) which apply to the period after the termination becomes effective. All other claims of the User are considered invalid unless otherwise specified in these Terms & Conditions. gamefabrik GmbH has the right to terminate the contractual agreement especially for, but not limited to, the following reasons:
9.3.1 gamefabrik GmbH provides the available Games and Services online for use with a web browser. gamefabrik GmbH neither provides nor installs any of the software required by the user on their local computer, especially but not limited to the operating system, web browser(s) or plug-ins such as Flash or Java, if applicable. gamefabrik GmbH also does not provide any support services for such software installations. It is solely the User’s responsibility to maintain the computer in a state which enables the use of gamefabrik GmbH Games. Therefore, gamefabrik GmbH does not provide any kind of technical support for the installation of locally- required software.
9.3.2 The User is obligated to treat all data provided by gamefabrik GmbH for the purpose of accessing the Games and Services (login, passwords etc.) in a strictly confidential manner. The User will inform gamefabrik GmbH without delay if their learns or suspects that an unauthorized third party has gained possession of said access data. gamefabrik GmbH advises the User to do this in written form, e.g. via e-mail. In the event that a third party gains access to gamefabrik GmbH Games or Services with the User’s access data because the User neglected to sufficiently protect the account from unauthorized access, the User must, due to the danger of an uncertainty caused by him/her regarding who misused the account or was responsible for a contractual or legal infringement of said account, assume the responsibility for said actions as if he/she had performed these actions himself/herself. gamefabrik GmbH is entitled to evaluate all entry into an account with the User’s data as the entry of the User into the account. gamefabrik GmbH advises that passwords should be regularly changed for security reasons. The User is solely responsible for the access to and use of their Account. The User is solely responsible for the access to and use of his/her Account.
9.3.3 In the event that gamefabrik GmbH has a justifiable reason to believe that an unauthorized third party is wrongly in possession of access data, gamefabrik GmbH may, but is not required to, at its own discretion, change the account access data without prior notice or suspend the respective Account. gamefabrik GmbH will promptly inform the rightful User and will, upon request, communicate the new access data to him or her without undue delay. The User has no right to demand that the original access data be restored.
9.3.4 The User is not entitled to sell their account to a third party or in another way, shape or manner to transfer it. This is not applicable for the sale or transmission of offers, which have been created and reserved by gamefabrik GmbH for this purpose.
9.3.5 gamefabrik GmbH protects its systems against viruses. Even so, virus infections can never be completely ruled out. In addition, it is possible that unauthorized third parties may send e-mails using the name of gamefabrik GmbH without gamefabrik GmbH consent, and that such e-mails may contain viruses, spyware or links to web content which, in turn, may contain viruses or spyware. gamefabrik GmbH has no influence over such occurrences. The User agrees to check all incoming mail sent or supposedly sent by or in the name of gamefabrik GmbH for potential viruses. The same applies to mails from other Users of the Games or Services.
9.3.6 The User agrees to abide by the instructions of gamefabrik GmbH , its employees, assignees and vicarious agents, especially including but not limited to administrators and moderators of forums for a specific game and/or service.
9.3.7 The User agrees that they shall not, under any circumstances, use the Account, login name or password of another User.
9.4.1 The User shall exercise due care in the selection of the information which they make available to other Users by uploading it to the Portal.
9.4.2 The User shall not use the Service(s) to distribute content including but not limited to pictures, videos, links, names, words which contain political, religious, insulting, offensive, violent, sexist, pornographic or other objectionable matter, especially including racist, right extremist or left extremist content, persons or depictions. In addition, the User agrees not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, the User shall promptly remove any content contested by gamefabrik GmbH. gamefabrik GmbH is also entitled to remove such questionable content on its own. The User will always respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright laws and trademarks.
9.4.3 The User may not misuse the Service(s) for illegal or unauthorized purposes. It is strictly prohibited to use the account names or e-mail addresses of other Users without their express prior consent for the purpose of sending unsolicited e-mails, promotional messages or for any other commercial purposes.
9.4.4 gamefabrik GmbH is entitled to delete any content submitted by the User in culpable violation of the above-mentioned rules and regulations.
9.4.5 gamefabrik GmbH is especially entitled to delete any information in whole or in part which has been submitted by the User and which gives firm reasons to indicate a breach of these Terms and Conditions, the instructions and rules of the respective Service(s) or are otherwise in violation of applicable law. This, for example, includes but is not limited to:
9.4.6 The User is not entitled to demand that such deleted information be restored. Furthermore, gamefabrik GmbH is also entitled to exclude the offending User from continued use of the respective Service(s) and, in case of repeated infringements of the aforementioned prohibitions despite written notice, to terminate the User’s Account without prior warning. gamefabrik GmbH reserves the right to make any further necessary and additional claims, particularly the entitlement to damages. 9.4.7 The User will inform gamefabrik GmbH in case he/she becomes aware of an abuse of the Service(s) by other Users or third parties, such as making accessible or sending information which violates this Sect. 9.4. To ensure that effective measures can be taken, gamefabrik GmbH requests that such information be provided in writing (e.g. e-mail).
9.5.1 The User is solely responsible for any texts, files, pictures, photographs, videos, sounds, music, copyrighted or other material, information etc. (hereinafter “Uploaded Information”) which they upload to the Portal or shares with other users. gamefabrik GmbH neither condones nor approves such information.
9.5.2 gamefabrik GmbH does not have control over the Uploaded Information on the Portal. gamefabrik GmbH does not evaluate the Uploaded Information before it is made public. If gamefabrik GmbH learns that specific Uploaded Information is illegal, it will be deleted promptly.
9.5.3 gamefabrik GmbH disclaims any liability or warranty with respect to the Uploaded Information, especially regarding accuracy, completeness and reliability.
9.6.1 The User maintains all rights to the Uploaded Information. By submitting information to the Portal, the Games or Service(s), the User grants gamefabrik GmbH a non-exclusive, revocable license, free of charge, to publicly offer, display, reproduce and distribute such information.
9.6.2 The User does not grant gamefabrik GmbH any further rights to the uploaded information. gamefabrik GmbH is not authorized to use or distribute uploaded information outside of the Portal, Games or Service(s).
9.6.3 By submitting information, the User acknowledges and accepts that uploaded information on the Portal can be accessed globally through the Internet. With the uploading of such information, the User agrees to these conditions.
9.6.4 The aforementioned license ends at that time when the uploaded content has been deleted from the Portal and the Services by the User.
10.1 gamefabrik GmbH grants the User access to the Games and Services in their current version only (Sec. 1.2). The User has no right to demand the maintenance or restoring of a particular version or range of functions of the Games and Services. The User acknowledges and agrees that the Games and Services provided by gamefabrik GmbH, as with any other software, can never be completely free of errors. Therefore, the Games and Services can only be considered to be defective if their playability or usability is affected severely and over a sustained period of time. The User shall document any faults in the Games and Services and/or other deliveries of gamefabrik GmbH, and to document them fully in writing along with a protocol of the error messages displayed. Before reporting a potential bug, the User shall consult the instructions for the Games and Services and any other troubleshooting tools provided by gamefabrik GmbH (especially frequently asked question lists and boards for troubleshooting). The User will use best efforts to support gamefabrik GmbH in any attempts to debug the Game or Service in question.
10.2 The User will notify gamefabrik GmbH in written form of any faults and without undue delay upon their discovery. To prove that the deadline has been met, it is advised to submit such reports in writing (letter or e-mail) to gamefabrik GmbH.
10.3 gamefabrik GmbH is not liable for defects caused by external influences, faulty handling by the User, force majeure or changes or manipulations which are not performed by gamefabrik GmbH.
10.4 gamefabrik GmbH does not assume any guarantees or warranties.
12.1 The User shall be directly and immediately liable to third parties for violating any of their rights. The User shall indemnify and hold gamefabrik GmbH harmless against any damage caused by his or her failure to observe these Terms of Use. The User shall indemnify and hold gamefabrik GmbH harmless against any and all claims by third parties that posting of any content by the User or any other violations of these Terms of Use by him or her violates their respective rights. The User shall also be responsible for any legal costs gamefabrik GmbH may incur as a result of the said failure to comply with the Terms of Use, including court costs and attorney fees. This shall only apply in the event the User is responsible for any such infringement.
12.2 Provided that gamefabrik GmbH offers its services free of charge, gamefabrik GmbH shall only be liable for intentionally caused damage or damaged caused by gross negligence. This, however, does not apply to liability regarding loss of life, bodily injury or damage to health, or the assumption of a guarantee offered by gamefabrik GmbH.
12.3 Insofar as gamefabrik GmbH demands payment for its Services, gamefabrik GmbH shall assume liability for damage caused by intent and gross negligence without limitation. In the event of simple negligence, gamefabrik GmbH shall only be liable for breaches to substantial contract stipulations or breaches of a guarantee. Substantial contractual stipulations include those that enable the contract to be properly executed and on which fulfillment the User may rely. The above limitations of liability do not apply to liability regarding loss of life, bodily injury or damage to health, or the assumption of a guarantee offered by gamefabrik GmbH. gamefabrik GmbH liability regarding the product liability act remains unaffected.
12.4 The obligation to pay damages or compensation is limited to foreseeable damage or loss caused through the violation of material contractual obligations.
12.5 Depending on the extent, the foreseeable damage or loss is limited to €200 per account.
12.6 The above exclusions or restrictions shall also apply with regard to the liability of staff, employees, representatives and/or agents of gamefabrik GmbH, especially for the benefit of shareholders, employees, representatives, company bodies and their members with regard to their personal liability.
12.7 gamefabrik GmbH is liable for consultation only, as far as the question has concerned the contents of the offer.
12.8 gamefabrik GmbH expressly distances itself from the content of all pages to which direct or indirect reference (also known as “links”) is made from within the Services offered by gamefabrik GmbH. gamefabrik GmbH is in no way whatsoever liable for such content or pages. The providers of the respective sites are responsible for their content.
13.1 Any and all changes, amendments or the termination of the contract, either partly or entirely, must be made in writing to be considered valid, including any provision to suspend or amend the requirement for using the written form.
13.2 The law of Luxembourg applies exclusively to all contracts concluded by gamefabrik GmbH based on these Terms & Conditions and to any further kind of claims arising thereof; to the exclusion of provisions pertaining to the UN Convention on contracts for the international sale of goods and to the exclusion of Luxembourg International Private Law.
13.3 If any provisions of these Terms & Conditions are invalid or become invalid, the validity of the other provisions shall not be affected.
Cologne, May 25th 2018
gamefabrik GmbH Giselherstr. 7 50739 Cologne Germany
Cologne District Court,
HRB: 82624
CEOs:
gamefabrik GmbH
Jakob Golombek & Holger Wagner
Giselherstr. 7
50739 Cologne Germany
Data protection policy of gamefabrik GmbH
This is the data protection policy of gamefabrik GmbH (“gamefabrik”, “we”). We provide, in various ways, such as our website (“website”) and via mobile applications (“mobile apps” or “apps”) (all together “services”), electronic games. With this data protection policy, we would like to provide you with information on which personal data we collect and process. Furthermore, we would like to inform you about your rights. The responsibility to protect and process personal data is an important concern to gamefabrik. Your data is protected against unauthorized access as well as loss using various technical and contractual measures. gamefabrik has taken the necessary technical and organizational measures for this purpose.
If links lead to third-party websites, please note that these companies provide their own data protection statements that apply accordingly. We offer our services only to persons who are at least 16 years old. We therefore do not knowingly collect and process data from persons younger than 16 years old. I. Name and address of the responsible party The responsibly party, with respect to the General Data Protection Regulation and other national data protection laws of member states as well as other data protection provisions, is: gamefabrik GmbH Giselherstr. 7 50739 Köln II. General information on data processing 1. Scope of personal data processing As a rule, we only collect personal data that you share when making use of the services while logging in or registering and when utilizing fee-based services, as needed. Personal data is considered data that includes information on personal or factual circumstances. When logging in and registering as a user to our website, you merely need to provide an email address and/or user name and/or password.The password is encrypted and does not allow any conclusion to be made on the actual password at any time. Within the scope of carrying out the user contract concluded, in particularly your chosen feebased services, additional data, such as complete name, address, account relationship, credit card numbers, etc. may be required. Additionally, when processing your requests or to provide you with support, it is sometimes required to ask you for personal data such as name, address, email address, and telephone number. We also collect data as part of voluntary participation in inquiries and surveys. We submit personal data only to cooperating companies or external service providers, provided this is legally required or permitted, in particular in performance of a contract, to process payments, as well as to protect other users or defend against dangers for national or public security, or to prosecute criminal offenses. Your interests worthy of protection are considered in pursuance with statutory data protection regulations. In the event of a default in payment, we hereby reserve the right to commission a collection agency or an attorney to collect the payment due, as needed, and to provide the necessary data within this context. We treat all of this data in a confidential manner and in consideration of statutory data protection regulations. As a rule, we do not provide such information to third parties without your permission, unless it is required to execute and settle the contract, to process your request, or to provide you with support or permitted according to statutory data protection regulations. 2. Legal basis for processing personal data If we receive the consent of the person concerned to process personal data, Art. 6 Para. 1 a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for processing personal data. When processing personal data that is required to perform a contract whose contractual party is the person concerned, Art. 6 Para. 1 b GDPR serves as the legal basis. This also applies to processing processes that are required to carry out precontractual measures. If personal data must be processed to comply with a legal requirement to which our company is subject, Art. 6 Para. 1 c GDPR serves as the legal basis. In the event that the vital interests of the person concerned or another natural person make it necessary to process personal data, Art. 6 Para. 1 d GDPR serves as the legal basis. If processing is required to protect a legitimate interest of our company or a third party, and if the interests, basic rights, and basic freedoms of the party concerned do not prevail over the previously stated interest, Art. 6 Para. 1 f GDPR serves as the legal basis. 3. Purpose of processing personal data We collect and process data in order to enable you to use our services. This also includes processing for the purpose of data security and the stability and operational security of our system as well as accounting purposes. We process data in order to provide you assistance when you submit support inquiries. Data is also processed in order to discover and prevent the improper use of multiple accounts, e.g. fraudulent purposes. Data is processed in order to acquire new customers and distribute promotional material that we believe correlates with your interests. 4. Data erasure and storage duration The personal data of the person concerned is erased or locked as soon as there is no longer a reason to store it. Data may also be stored if required by European or national lawmakers in Union directives, laws, or other regulation to which the responsible party is subject. Data may also be stored or erased after the storage period stipulated by the specified standards expires, unless the continued storage of the data is required to conclude or perform a contract. 5. Data security We endeavor to take reasonable precautions in order to prevent unauthorized access to your personal data as well as unauthorized use or falsification of this data and to minimize the associated risks. Nevertheless, providing personal data, whether in person, on the telephone, or via the internet, is always associated with risks and no technical system is completely free of the possibility of manipulation or sabotage. We process the data collected from you in accordance with German and European data protection law. All employees are required to protect data privacy and comply with data protection regulation, and are trained accordingly. For payment purposes, your data is transmitted using the SSL process and encrypted. III. Provision of services and creation of log files 1. Description and scope of data processing Whenever our services are solicited, our system automatically collects data and information on the visiting computer system. The following data is collected during this: • Internet protocol • IP address • URL of the referring website from which the file was requested • Data and time of access • l Browser type and operating system as well as hardware information • The site you visited • Quantity of data transmitted • Access status (file transferred, file not found, etc.) • Duration and frequency of use • Available IDs of third parties (such as Google Play ID, Facebook ID, etc.) in order to enable cross-device use • The data is also stored in the log files of our system. 2. Legal basis for data processing Art. 6 Para. 1 f GDPR is the legal basis for the temporary storage of data and log files. 3. Purpose of data processing Temporary storage of the IP address by the system is necessary in order to deliver services to the computer of the user. To do so, the IP address of the user must be stored for the duration of the session. Data is stored in log files in order to ensure the functionality of the services. Additionally, the data also serves to optimize the services and to ensure the security of our IT systems. Data is stored over the duration of the session for purposes of combating fraud (e.g. payment fraud, violation of the rules of play through the use of multiple accounts by the same person) and for the purposes of IT security (e.g. protection against DDoS attacks). Otherwise, the data is stored merely for purposes of statistical evaluation. In order to monitor compliance with the rules of use and rules of play, we reserve the right to store IP addresses and log files for a certain period of time after our services are utilized. In particular, this procedure serves to avoid certain cases of misuse or to resolve them and be able to forward the data in individual cases to investigative authorities or to rectify bugs. Additionally, any evaluation of data is carried out in an anonymous manner wherever possible. After this period ends, the IP address and log files are completely erased, unless there exist mandatory statutory storage requirements or concrete criminal or abuse proceedings. For these purposes, our legitimate and overriding interest is to process data in accordance with Art. 6 Para. 1 f GDPR. 4. Duration of storage The data is erased as soon as it is no longer required to achieve the purpose for which it was collected. 5. Option to object and erase Data collection to provide services and data storage in log files is absolutely required in order to ensure the uninterrupted provision of services. As a consequence, the user has no option to object. IV. Push notifications and newsletter 1. Description and scope of data processing We can send push notifications and newsletter to your device in order to share with you updates on services, news, and other relevant messages. We must verify, taking into consideration the relevant legal regulations, that you are the actual owner of the provided email address and wish to receive the newsletter. For this purpose, we send you a validation email. You can use the unsubscribe link which can be found at the end of our newsletterto unsubscribe. 2. Legal basis for data processing The legal basis for processing data is Art. 6 Para. 1 b GDPR if a contract exists. 3. Option to object and erase You can prevent your data from being processed by applying the respective settings to your system. Please refer to the documentation of the system you use. V. Contact form and email, in-game support 1. Description and scope of data processing There is a contact form on our website which can be used to contact us electronically. If a user makes use of this option, the data submitted into the input form will be sent to us and stored. This data is: Email, Type of request, User name, Subject, Question/problem, Browser, hardware, and operating system data. Alternatively, we can be contacted using the email provided. In this case, the personal data of the user is saved with the email used to send it. Alternatively, you can also send inquiries to us within the game. In this context, no data is forwarded to third parties. The data is used exclusively to process the inquiry. 2. Legal basis for data processing The legal basis for processing data is Art. 6 Para.1 a GDPR if the user has provided consent. The legal basis for processing data, that is submitted when an email is sent, is Art. 6 Para. 1f GDPR. If the email is intended to conclude a contract, the further legal basis for processing is Art. 6 Para. 1 b GDPR. 3. Purpose of data processing We process personal data from the input form solely to process communication. In the event that contact is made via email, there is also the required legitimate interest to process the data here. The other data processed during the submission process serves to prevent misuse of the contact form and to ensure the security of our IT systems. 4. Duration of storage The data is erased as soon as it is no longer required to achieve the purpose for which it was collected. The data is stored for twelve months for the purposes of combating fraud and improving support. 5. Option to object and erase The user has the option, at any time, to withdraw his consent to process the personal data. If the user contacts us, he can object to the storage of his personal data at any time. In such an event, the conversation cannot continue. All personal data, that was stored when contact was made, is erased in this case. VI. Cookies, web beacons, etc. 1. Description and scope of data processing Cookies We use so-called cookies, which are text files or pixels, that are stored on the user’s display device. This concerns technologies that can be used to collect certain userspecific settings and technical information with which the user can be identified. We employ cookies in order to make our services more user friendly. Some elements of our services require that the user can be identified. We also use cookies that allow us to analyze the behavior of the user. Additionally, we use cookies to target advertisements. Cookies are stored on the user’s display device. There are permanent cookies, that are stored for a longer period of time on your display device, and session cookies, that are temporarily stored on your display device and erased after the service is provided. We use necessary cookies, function cookies, performance cookies, targeting and advertising cookies, and conversion tracking cookies. Necessary cookies. These cookies are necessary to use our services. Without these necessary cookies, it is possible that we will not be able to provide you certain services or features or that the services will not be depicted correctly. Function cookies. Function cookies enable us to recognize your settings and provide you with advanced and better adapted features, such as a personal adjustment of services, recognizing whether we have asked you certain things, or you have requested other services. All of these features help us to improve the services for you. Performance cookies. Performance cookies are also sometimes called analytics cookies, collect information on your use of services, and enable us to improve the functionality of our services. For example, performance cookies show us which pages are used most often, how the entire usage pattern of the services looks, help us to detect problems with the use of services, and determine whether our advertising is presented effectively or not. Targeting and advertising cookies. We and our service providers can employ targeting or advertising cookies in order to show you promotions that are better adjusted to your interests and preferences. We can use targeting or advertising cookies in order to limit the number of identical advertisements that are shown to you with our services, or to determine or increase the effectiveness of our marketing campaigns. These cookies show, for example, what you have viewed while using our services, and we share this information with other organizations, such as advertising clients. The display of advertising supports operations and the further development of our services. gamefabrik GmbH uses AdDefend, a service of AdDefend GmbH, Borselstrasse 3, 22765 Hamburg to display advertising. This service uses cookies to determine if you have visited a website before. You can object to the use of these cookies by AdDefend at any time by using the opt-out option at https://www.addefend.com/en/opt-out/. Conversion tracking cookies. In order to provide our users with the best possible gaming experience, we strive to constantly add new players to our games. In the process of determining and driving marketing measures, we use conversion tracking. In doing so, a marketing partner records, with our help, when a user completes a registration or a predefined action in the game. This occurs either via direct automated contact with the server of the marketing partner or through an intermediary service provider. The data that we transfer is limited to what is most necessary. When starting to use our services, the user is informed about the use of cookies. If the user does not wish for our cookies to be stored on his display device, would like to delete a stored cookie, or would like to be informed about the storage of such, the user can configure his browser or mobile end device accordingly. The details of how these are applied can be found using the help information of the browser. We would like to explicitly state that, in this case, not all functions of the services can be used in their entirety. If you access our services via third parties, it may be the case that they use cookies. We have no influence on this. Please note the data protection guidelines of these third parties. 2. Legal basis for data processing The legal basis for processing personal data when using cookies is Art. 6 Para. 1 f GDPR. 3. Purpose of data processing The purpose of using technically necessary cookies is to simply use. Some functions of our software cannot be provided without the use of cookies. The user data collected via technically necessary cookies are not used to create user profiles. Analysis cookies are used for the purpose of improving the quality of our services and their contents. Via these analysis cookies, we learn how the services are used and can thus constantly optimize our products. For these purposes, we also have a legitimate interest in the processing of personal data according to Art. 6 Para. 1 f GDPR. Additionally, we have a legitimate interest in directing advertising in our services. We have an interest in finding new customers. In order to achieve this, our advertising partners must use cookies. 4. Duration of storage, option to object and erase Cookies are saved on the user’s device and sent to us from it. Therefore, as the user, you also have full control on the use of cookies. By changing the settings in your internet browser or mobile device, you can deactivate or limit the transmission of cookies. Cookies that have already been saved can be erased at any time. This can also occur automatically. If cookies are deactivated, it may be the case that not all of the functions of the services can be used in their entirety. VII. Logging in via third parties We offer you the option of logging in to our services with login data of other services (“partners”). It is thus not necessary to register again. A non-conclusive list of our partners includes, for example, Facebook, Google, or Steam. In this case, you can log in to our services through a partner. To do so, your account with our partner is linked to our service. The partner then sends us the respective information that serves exclusively for quality assurance measures and is not shared with third parties at any time. For additional information on the service you prefer, please refer to the above contact (see. “I. Name and address of the responsible party”). VIII. Rights of the person concerned If we process your personal data, you are the person concerned in the sense of the GDPR and you have the following rights with respect to the responsible party. 1. Right of access You can request from the responsible party a confirmation of whether personal data that concerns you is processed by us. If such processing occurs, you can request the following information from the responsible party: • The purposes for which the personal data is processed; • The categories of personal data that is processed; • The recipient or categories of recipients to which the personal data that concerns you was submitted or not submitted; • The planned duration of storage of the personal data concerning you, or, if concrete information on this is not available, the criteria for determining the storage duration; • The existence of a right to disclose or erase the personal data concerning you, a right to limit processing on the part of the responsible party, or a right to object to this processing; • The existence of a right to lodge a complaint with a supervisory authority; • All available information on the source of the data if the personal data is not collected for the person concerned; • The existence of an automated decision making process including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and, at least in these cases, detailed information on the logic involved as well as the scope and the desired effects of such processing for the person concerned. You have the right to request information on whether the personal data concerning you is sent to a third country or an international organization. In this context, you can request suitable guarantees pursuant to Art. 46 GDPR in connection with the transfer. 2. Right to rectification You have the right to rectify and/or completion, with respect to the responsible party, provided that the processed personal data concerning you is incorrect or incomplete. The responsible party must make the rectification without delay. 3. Right to limit processing Under the following conditions, you can request a limit to the processing of the personal data concerning you: • If you contest the correctness of the personal data concerning you for a duration of time that enables the responsible party to verify the correctness of the personal data; • The processing is illegal and you refuse erasure of the personal data and instead request a limitation of the use of the personal data; • The responsible party no longer requires the personal data for the purposes of processing, but you require it to assert, exercise, or defend legal claims, or • If you have submitted the objection to processing according to Art. 21 Para. 1 GDPR and it is not yet certain whether the legitimate concerns of the responsible party prevail over your concerns. If the processing of the personal data concerning you was limited, this data, except for ist storage, may only be processed with your consent or to assert, exercise, or defend legal claims, or to protect the rights of another natural or legal person or for reasons of an important public interest of the Union or a member state. If processing was limited according to the above conditions, you will be informed by the responsible party before the limitation is applied. 4. Right to erasure We offer the option to independently delete or correct your own personal data in game. If you are logged in to your account, you can delete your personal data in the settings of your user account. a) Obligation to erase You can request that the responsible party immediately erase the personal data concerning you, provided one of the following reasons applies: • The personal data concerning you is no longer required for the purposes for which it was collected or processed in another manner. • You withdraw your consent upon which processing pursuant to Art. 6 Para. 1 a or Art. 9 Para. 2 a DSGVO is based, and there is no other legal basis for processing. • You submit an objection to processing pursuant to Art. 21 Para. 1 GDPR and there exist no superordinate legitimate reasons for processing, or you submit an objection to processing pursuant to Art. 21 Para. 2 GDPR. • The personal data concerning you was processed illegally. • The erasure of the personal data concerning you is required to comply with a legal requirement according to Union law or the law of a member state to which the responsible party is subject. • The personal data concerning you was collected in regard to services offered by the information company in accordance with Art. 8 Para. 1 GDPR. • b) Information to third parties If the responsible party published the personal data concerning you and is required to erase such according to Art. 17 Para. 1 GDPR, said party will take suitable measures, also of a technical nature and in consideration of available technology and implementation costs, to inform data processors processing the personal data that you, as the person concerned, have requested the erasure of all links to this personal data or copies or replications of this personal data. c) Exceptions There is no right of erasure if processing is required to exercise the right of • free expression and information; • To comply with a legal obligation to which the responsible party is subject according to Union law or that of a member state for processing purposes, or to perform a task that is in the public interest or in the practice of public authority conferred to the responsible party; • For reasons of public interest in the area of public health according to Art. 9 Para. 2 h and i as well as Art. 9 Para. 3 GDPR; • For archiving purposes, scientific or historic research purposes, or for statistical purposes in the public interest according to Art. 89 Para. 1 GDPR, provided that the right specified in section a) temporarily makes the achievement of the goals of processing impossible or severely limits such, or • To assert, exercise, or defend legal claims. 5. Right to information If you have asserted the right to information on, erasure, or limitation of processing with respect to the responsible party, said party is required to share this rectification or erasure of the data or limitation of processing with all recipients to whom the personal data concerning you was published, unless this proves to be impossible or is associated with excessive cost. You have the right to information on these recipients from the responsible party. 6. Right to data transferability You have the right to receive the personal data concerning you, which you provided to the responsible party, in a structured, standard, and machine-readable format. Additionally, you have the right to transfer this data to another responsible party without obstruction on the part of the responsible party, to which the personal data was provided, l provided that processing occurs based on consent pursuant to Art. 6 Para. 1 a GDPR or Art. 9 Para. 2 a GDPR or a contract pursuant to Art. 6 Para. 1 b GDPR, l and the processing is carried out using automatic processes. When exercising this right, you also have the right to ensure that the personal data concerning you is transferred directly from one responsible party to another responsible party, provided this is technically feasible. The freedom and rights of others may not be affected by this. The right of data transferability does not apply for processing personal data that is required to carry out a task that is in the public interest or in the practice of public authority conferredto the responsible party; 7. Right to object You have the right, for reasons relating to your particular situation, to submit at any time objection to processing of the personal data concerning you which is conducted based on Art. 6 Para. 1 e or f GDPR; this also applies to profiling based on these conditions. The responsible party no longer processes the personal data concerning you, unless said party can provide evidence of compelling reasons worthy of protection for the processing that prevail over your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims. If the personal data concerning you is processed in order to pursue direct advertising, you have the right to submit at any time objection to processing of the personal data concerning you for the purposes of such advertising; this also applies to profiling, provided it is in connection with direct advertising. If you object to processing for the purpose of direct advertising, the personal data concerning you will no longer be processed for these purposes. Regardless of Directive 2002/58/EC, you have the option, in connection with the use of services of the information company, of exercising your right to object using an automated process that uses technical specifications. 8. Right to withdraw data protection declarations of consent You have the right to withdraw your declaration of consent at any time. The withdrawal of consent does not affect the legality of the processing conducted on the basis of the consent up to the date of the withdrawal. 9. Automated decision in individual cases including profiling You have the right not to be subjected to a decision based solely on automated processing, including profiling, which will have legal effect or similarly affect you in a similar manner. This does not apply if the decision a) is required to conclude or carry out a contract between you and the responsible party, b) is permissible on the basis of Union or member state law to which the responsible party is subject, and that legislation contains suitable measures to safeguard your rights and freedoms and your legitimate interests, or c) is made with your explicit consent. However, these decisions must not be based on special categories of personal data under Art. 9 Para. 1 GDPR, provided that Art. 9 Para. 2 a or g does not apply, and reasonable measures have been taken to protect your rights and freedoms and your legitimate interests. With respect to the situations mentioned in (a) and (c), the responsible party shall take appropriate measures to protect your rights and freedoms and your legitimate interests, including at least the right to obtain the intervention of a person on the part of the responsible party to express his own position and challenge the decision. 10. Right to lodge a complaint with a supervisory authority Without prejudice to any other administrative or judicial legal remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence or employment or the place of the alleged infringement, if you believe that the processing of the personal data concerning you is violates the GDPR. The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.