Terms & Conditions
1.1 The following terms regulate the use of the online games and other services provided by Gameforge 4D GmbH, Albert-Nestler-Strasse 8, 76131 Karlsruhe (hereinafter referred to as “Gameforge”) on the Gameforge Internet pages (hereinafter referred to as the “Gameforge Internet pages”).
1.3 Gameforge offers online games and other services within the framework of its technical and operational capabilities with an average annual availability of 98.0%. This does not include periods of time during which the use of online games and other services is interrupted or affected due to compelling technical reasons or because of required maintenance work, without Gameforge having to provide compensation under the provisions of this agreement.
1.4 The online games and additional range of services are developed, updated and adapted on an ongoing basis. Since all users have to use the same version of an online game or service, the user can only take part in the respective online game and other services
1.5 Online games and other services offered by Gameforge are intended solely for the purpose of entertainment. The use for the purpose of gain or for commercial purposes is prohibited.
1.6 The user is solely responsible for the up-to-dateness and suitability of any software and hardware used by him.
1.8 Within the scope of individual online games and other services, the user has the opportunity to use services of Gameforge`s contractors. In this case, a separate contract is formed between the user and the respective contractor of Gameforge. The user will be informed of this in a timely and appropriate manner prior to the conclusion of the contract.
1.9 Any regulations or General Terms and Conditions of Business of the user deviating from these terms shall only apply, if Gameforge has approved of their validity by prior written consent.
2 General information on the conclusion of contracts
2.1 The registration of the user is a prerequisite for the use of online games and other services offered by Gameforge.
2.2 Registration is reserved only for natural persons. Only individuals are accepted as authorised users (no groups, families, life partners, etc.).
2.3 Insofar as the user is a minor, he hereby expressly guarantees that the aforementioned age limit is observed and the consent of his legal representatives is available.
Furthermore, the continued use of the Internet pages by previously minor users after having reached the age of maturity is regarded as an approval of all declarations of intent previously submitted by the user in connection with the user contract, unless the approval is expressly withdrawn towards Gameforge in written form within two (2) weeks following this date.
2.4 Depending on the online game and the fact whether or not he would like to register for membership, the user has to provide certain data, e.g. a player name and a registered e-mail address. The user is not entitled to receive a particular player name. The player name may not violate any rights of third parties and may not offend common decency. Moreover, no e-mail or Web address may be chosen as the player name. The user hereby guarantees that the information provided to Gameforge upon registration is true and complete.
2.5 The registration is carried out personally. Registration via third parties, especially a third party that registers individual people with several teleservice providers on a commercial basis (registration services and/or entry services) is not permitted.
2.7 Upon successful registration, the user opens a user account, which he manages independently. The user may open a user account on both the Gameforge portal page and the respective Gameforge Internet page. The user account created in the Gameforge portal may be used for all other online games linked by Gameforge to the Gameforge portal. Unless stated otherwise during the setup of the user account, the user account created on a specific online gaming site can be used exclusively for this specific online game and for no other online games.
2.8 The user account is not transferable without the explicit consent of Gameforge. The submission of the approval by e-mail is sufficient to fulfil the written form requirement.
2.9 The user is not entitled to claim registration or activation. The user is only allowed to register once per game round (e.g. world, universe, etc.) in a browser game. Once the user has registered once for such a game round, he may not register again for the same game round for the duration of the current registration, e.g. by entering other and/or changed personal data.
3 Special provisions on the conclusion of contracts for member accounts
3.1 Upon registration for the fee-based membership, the user is provided for the selected minimum term access to special advantages during the game (e.g. special features (for a fixed term or permanent), non-public areas, etc.) that are not available to non-members.
3.2 In addition to the general information provided in Clause 2, the registration involves the following steps:
3.2.1. The user selects the (minimum) term of the membership and thus the price to be paid. The user selects the payment method and thus the payment service provider on the same page. None of the payment service providers offered for selection is affiliated with the companies of the Gameforge Group.
After accepting the General Terms and Conditions of Business, the user is provided with a summary of the contract terms on the next page. Input errors can be corrected using a “Back” button. On this page, the content required to effect the payment is displayed, which is implemented by the selected payment service provider. The payment is executed via this provider. The settlement of the payment is subject to the terms and conditions of the respective payment service provider.
3.2.2. By completing the payment process, the user declares his intention to register as a member on the selected terms. The membership commences upon activation of the account.
3.3 Furthermore, the regulations set out in Clause 2 shall apply to the conclusion of the contract.
4 Special information on the conclusion of contracts for purchasing premium currency and virtual objects
4.1 Furthermore, the user may purchase individual services and, within the scope of the online games, individual features, premium currency and virtual objects against payment.
4.2 The user declares his intention to conclude the contract for purchasing premium currency, features and virtual objects by selecting the amount of premium currency, the feature or the virtual object he would like to purchase in the respective online game and declares this intention to Gameforge via the corresponding order button. The contract is formed by Gameforge providing the premium currency, the feature or the virtual object in the player account of the user.
4.3 For the payment, activation and settlement of the features and the virtual objects, the user acquires a premium currency against payment, which is paid using one of the payment methods provided by Gameforge.
4.3.2 By using the premium currency within the scope of an online game or service, the user can activate special features or virtual objects permanently or for a fixed term. Further details on this are elucidated in the respective online game or service.
4.3.3 By activating a permanent feature or virtual object, the user is entitled to the provision of the feature in accordance with the provisions of the respective applicable specification of the feature or virtual object.
4.4 If a minor user would like to purchase premium currency, he guarantees that the money for the payment of the premium currency has been provided to him by his legal representative earmarked for this purpose or for free use.
5 Revocation instructions
Right of revocation
You can revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. This time period begins upon receipt of this revocation instructions in writing, but not before the conclusion of the contract and also not before we have fulfilled our duty to inform you as per Article 246 § 2 in conjunction with § 1 para. 1 and 2 Introductory Act to the German Civil Code (EGBGB) as well as our duties as per § 312g para. 1 Clause 1 German Civil Code (BGB) in conjunction with Article 246 § 3 Introductory Act to the German Civil Code (EGBGB). The time period shall be deemed to be observed in the case of dispatch of the revocation in good time. The revocation has to be addressed to (also in cases where Gameforge 4D GmbH is the contract partner, in this case as authorised representative):
Gameforge 4D GmbH,
76131 Karlsruhe, Germany
76131 Karlsruhe, Germany
Consequences of revocation
In case of an effective revocation, any services received by either party shall be returned, and, where applicable, the benefits derived from such services (e.g. interest) shall be surrendered. If you are unable to return or to surrender the services or benefits (e.g. benefits from usage) received either partially or wholly, or can only do so in a deteriorated condition, you are liable for compensation to us. This may lead to you having to meet the contractual payment obligations for the period until revocation.
Obligations regarding reimbursement of payments must be met within 30 days. This time period begins for you with the dispatch of your revocation notice, for us upon its receipt.
Obligations regarding reimbursement of payments must be met within 30 days. This time period begins for you with the dispatch of your revocation notice, for us upon its receipt.
Your revocation right prematurely expires, if the contract is fulfilled by both parties at your explicit request before you have exercised your right of revocation.
End of revocation instructions
6 General obligations of the user
6.1 The user’s main obligation is to observe the respective applicable rules of the game and pay any possible fees. Furthermore, the user’s main obligations include the correct and complete provision of data requested by Gameforge upon concluding the contract or in the course of the contractual relationship and required for the establishment, execution or termination of the contractual relationship. Therefore, the user hereby guarantees that the data on his person and other facts relevant to the contract in the aforementioned sense (in particular bank details and/or credit card number) provided upon registration and in the course of the contractual relationship is complete and correct. The user undertakes to promptly inform Gameforge of any change to this data; upon request of Gameforge, the user shall confirm this data. Gameforge reserves the right to demand an appropriate proof of identity, which will deleted immediately after verification. In the event of repeated violation in spite of a warning notice or in case of severe violation, Gameforge is entitled to block the contractual services immediately without granting a grace period and terminate the contract.
6.2 User data
The user undertakes to inform Gameforge of any future changes to his registration data, especially a change to the e-mail address, without delay. The user undertakes to confirm Gameforge the correctness of his data upon request.
6.3 Log-in data, identifications, passwords
6.3.1 The user undertakes to keep log-in data as well as all identifications and passwords strictly confidential. The user may enter log-in data only on Internet pages operated by Gameforge.
6.3.2 The term “log-in data” as well as “identification and passwords” includes all letter and/or character and/or number sequences used to authenticate the user and to exclude use by unauthorised third parties. The password should not be identical with the player name and should consist of a combination of numbers and letters.
6.3.3 The user undertakes to protect all log-in data, identifications and passwords against unauthorised access of third parties.
6.3.4 In the event that the user has reason to believe that third parties have or could have obtained this information, he shall inform Gameforge immediately and change his data or have it changed by Gameforge. In this case or in the event that Gameforge has evidence of data abuse, Gameforge is entitled to temporarily block the access of the user. The user shall be permitted again the use as soon as the suspicion of data abuse has been cleared up.
6.3.5 The user is under no circumstances entitled to use the log-in data of another user, unless the rules of the game provide for specific exceptions.
6.4 Use of the Gameforge Internet pages and contents of the Gameforge Internet pages
6.4.1 Gameforge Internet pages include contents of all kind that are protected by trademarks, copyrights or by other means in favour of Gameforge or for the benefit of third parties. Unless explicitly permitted by Gameforge, the user is not entitled to edit, copy, distribute, reproduce publicly, use for advertisement or use these beyond the contractually agreed purpose the Gameforge Internet pages or the contents or any portion thereof. Only the technical reproduction for the purpose of browsing as well as the permanent reproduction solely for private use shall be permitted. Copyright information and brand names may not be changed, suppressed or eliminated.
6.4.2 The term "content" is understood to be all data, images, text, graphics, music, sounds, sound sequences, videos, software programmes and codes as well as other information provided by Gameforge on its Internet pages. The term "content" in particular includes all services available for download as well.
6.4.3 The user undertakes to abstain from any measure that may compromise or interrupt the proper function of Gameforge Internet pages or individual services offered on them, as well as from accessing any data that the user is not authorised to access. The retrieval of the contents may only take place in such a manner that the use of Gameforge Internet pages and contents by other users is not affected. The transfer of data or software that can influence hardware or software from recipients is not permitted.
6.4.4 Any use of Gameforge Internet pages for commercial purposes, especially advertisement, requires the express prior written consent of Gameforge.
6.4.5 The user is not entitled to publish any contents on the Gameforge Internet pages.
6.4.6 The use of Gameforge Internet pages by means of an anonymisation service or similar measures that are suitable to hide or conceal the true IP address and/or the identity of the user is not permitted.
It is permitted to establish a link to the Internet pages of Gameforge to the extent that it only serves as a cross reference. Gameforge reserves the right to withdraw this permission. However, it is not permitted to include or present Gameforge Internet pages or their contents via a hyperlink in a subwindow (frame).
6.6 Use of client software
In case of services that require the prior installation of a client software, Gameforge 4D GmbH grants the user the non-exclusive (simple) right to install and use the client software limited to the duration of validity of the user`s registration with Gameforge 4D GmbH. A duplication of the client software is only permitted to the extent to which it is required for the contractual use of the software. Any form of commercial use of the software is strictly prohibited. Any change to the client software as well as retranslation of the provided programme codes into another code form (decompilation) as well as other ways of reversing the various manufacturing stages of the software (reverse-engineering) are prohibited, insofar as these are not necessary to obtain the information required to establish the interoperability of the client software with other programmes, cannot be obtained otherwise, in particular from Gameforge 4D GmbH, and the respective data is used for no other purpose than to establish the interoperability and these actions are only conducted by the user himself.
7.1 The user is allowed to take part in each game round (i.e. world, universe) of an online game with one user account only, unless the rules of the game provide for specific exceptions. The use of several user accounts is not permitted. Such multi-user accounts can be deleted or banned by Gameforge at any time at their sole discretion.
7.2 The user is prohibited from any form of manipulative intervention in the online game. In particular, the user is not entitled to use measures, mechanisms or software that could interfere with the function or the course of the game. The user must not take measures that may cause an unreasonable or excessive load on the technical capacity. The user is not allowed to block, rewrite or modify contents generated by Gameforge or to interfere in any other manner with the game.
7.3 The user is also prohibited from running the online game (including all individual web pages) with programmes other than the Internet browser or the client programme that has been provided. This refers in particular to so-called bots and other tools designed to replace or supplement the Web interface. Scripts and completely or partially automated programmes that provide the user with an advantage over other users are also prohibited. These include auto-refresh-functions and other integrated mechanisms of the Internet browser, if they involve automated operations.
7.4 The user may under no circumstances
a) create or use cheats, mods and/or hacks as well as any other third party software products that may change the result of the online games,
b) use software, that allows "data mining" or otherwise intercepts or collects information relating to the online games,
c) use virtual objects used in the online games outside of online games, buy or sell them for "real" money, swap them or cause such activities.
This also includes all evasions, similar actions or actions that correspond in their effect to the aforementioned bans.
7.5 Log-in is only permitted via the Gameforge Internet pages and via the websites of cooperation partners integrated by Gameforge (e.g. social networks). The automated opening of the user account outside the websites provided by Gameforge or their cooperation partners, regardless of whether the home page is displayed or not, is not permitted.
7.6 Gameforge or the contractors authorised by Gameforge exclusively hold all rights to fee-based virtual objects used in online games. By posting information within an online game or within the scope of using other services of Gameforge (in particular possibly operated communication platforms), the user provides Gameforge with the non-exclusive, worldwide, free-of-charge and revocable right to publish, send, list, present, display, reproduce and distribute these contents in whole or in part on the Gameforge Internet pages and in the online game as well as on further gaming sites for any commercial or non-commercial purpose. The information provided by the user within the online game can be viewed by third parties worldwide via the Internet. By providing the information, the user declares his consent to this. The user can withdraw the rights granted by deleting the contents from the games or other services or requests Gameforge in writing to delete the contents.
7.7 The use of private servers, i.e. those servers of the user or third parties that enable, establish or maintain unauthorised connections to the online game or the server, in particular
a) connections to servers not provided with appropriate authorisations, which emulate or attempt to emulate the service,
b) connections by means of programmes or tools not expressly approved of by Gameforge, is not permitted.
8.1 The user undertakes not to distribute any contents (e.g. images, videos, links, names, words) of political, religious, advertising, offensive, harassing, violent, sexist, pornographic as well as other morally reprehensible or objectionable, in particular racist as well as extreme right or left-wing, nature within the scope of the online games and other services of Gameforge. Furthermore, the user undertakes not to use any legally protected terms, names, images, videos, music, games or other material during the use of the game or other services offered by Gameforge. The user shall immediately remove any contents that are objected by Gameforge. Gameforge expressly reserves the right to remove these contents by themselves. The user shall observe all relevant legal regulations, in particular regarding the protection of young people, data protection, general right of privacy, as well as those set out by criminal law, copyright law and trademark law at all times.
8.2 Gameforge may provide the user different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as comment functions) for posting his own contents and contributions on the Gameforge internet pages, which may be used as available. Gameforge only provides users with the technical environment for the exchange of information. However, users are not entitled to claim such communication facilities.
8.3 The user assumes responsibility for his contents and contributions and undertakes to fully indemnify Gameforge from and against any claims of third parties. Gameforge explicitly claims no title to the contents posted by users. However, the user grants Gameforge the permanent, irrevocable, non-exclusive right to use the contents and contributions posted by him. Gameforge points out that Gameforge has no active monitoring system of the contents posted. In addition, each user has the option to inform Gameforge of suspected illegal content. Gameforge will then respond as soon as possible and edit or delete reported contents, if necessary.
8.4 The user is prohibited from publishing or distributing contents on Gameforge Internet pages and in particular within the scope of the communications facilities provided on them that
a) violate the law, are improper or immoral;
b) violate trademarks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties;
c) are of obscene, racist, violent, pornographic nature, harmful to young people or otherwise threaten or affect the development of children and adolescents;
d) are of abusive, harassing or defamatory nature;
e) include chain letters or pyramid schemes;
f) falsely suggest that they are provided or supported by Gameforge;
g) contain personal data of third parties without their express consent;
h) are of commercial, in particular promotional, nature.
8.5 The inclusion of Internet sites, company or product names is only permitted when it is not primarily for the purpose of advertising.
8.6 All users of the communication facilities provided on the Gameforge Internet pages are required to observe an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided.
9 Consequences of breaches of duty
9.1 Gameforge is not liable for damages resulting from a breach of duty by the user.
a) change or deletion of contents,
b) giving a warning to the user,
c) publication of misconduct in the respective online game while naming the respective user,
d) temporary or permanent blocking of a user from individual or all online games and contents of Gameforge Internet pages,
e) exclusion of a user,
f) issuing a temporary or permanent virtual ban from the house in case of violation of section 6, or
g) immediate termination of the user contract.
9.3 If a user has been blocked or excluded, he may not log in again without prior consent of Gameforge. The user is not entitled to claim the waiver of an exclusion, a virtual ban from the house or any other measure.
10 User fees for additional contents and memberships
10.1 Unless expressly stated otherwise, the use of online games and other services offered is free of charge.
10.2 The membership fees agreed within the scope of the respective registration will be payable for the member accounts. The membership fees to be paid for the membership shall be settled as one-off payment in advance upon commencement of the respective membership term.
10.3 Furthermore, the user may purchase individual services and, within the scope of the online games, individual features and virtual objects against payment.
10.5 The user hereby guarantees that all information provided within the scope of the payment process (in particular bank details, credit card number, etc.) is complete and correct.
10.6 The payment options may vary depending on the online game, the country of the participant and the market availability of technically feasible payment options. Gameforge reserves the right to amend their payment options at any time.
10.7 Gameforge reserves the right to change the fees of the in-game features (including virtual currencies). This includes Gameforge`s right to increase or decrease fees for individual in-game features and virtual objects for all future transactions.
10.8 In case of default in payment, statutory interest will be charged. Gameforge is also entitled to block the user account, claim further damages and terminate the provision of services.
10.9 Should Gameforge incur back charges or cancellation fees through a fault of the user (including insufficient funds in the account), the user shall bear the relating costs. Gameforge is allowed to demand these costs and the accrued fees by repeated debiting. If the payment is made by credit card, back charges of up to 50 EUR per credit card transaction plus bank charges incurred by Gameforge will be charged. Gameforge is entitled to claim further damages.
11 Limitation of liability
11.2 The liability of Gameforge, on whatever legal grounds, whether arising from the breach of the contract or tortious act, is ultimately determined in accordance with the following regulations:
11.2.1 Insofar as Gameforge provides the respective service giving rise to liability free of charge, Gameforge is only liable for intent and gross negligence.
11.2.2 In case of fee-based services, Gameforge’s liability is limited to cases of intent and gross negligence, although unlimited in cases of personal injury. In case of slight negligence, however, Gameforge is only liable for the breach of essential contractual obligations, such as delay or impossibility of performance, which Gameforge can be made responsible for. The liability in the event of breach of such an essential obligation is limited to the typical contractual damage, whose occurrence could be expected by Gameforge upon conclusion of the contract on account of the circumstances known at that time. “Essential contractual obligations” as previously stated are those obligations whose fulfilment is essential to enable the proper implementation of the contract and the achievement of its purpose and whose observation the Customer may rely upon.
11.2.3 Gameforge assumes no liability for disturbances within the network that are not caused by Gameforge.
11.2.4 Gameforge is liable for loss of data in accordance with the foregoing paragraphs only if such a loss could not have been avoided by adequate backup measures on part of the user.
11.2.5 The foregoing limitations of liability shall not apply in the case of explicit guarantees by Gameforge, in case of malice and injuries to life, body or health as well as in the case of mandatory statutory regulations.
12 Contract term; deletion of user accounts
12.1 Unless expressly stipulated otherwise within the scope of the registration for the respective online game or service, the contract for the use of the Gameforge Internet pages as well as the online games and other services is concluded for an indefinite term. It commences upon admission or activation.
12.2 The contract may be terminated by either party at any time with immediate effect, provided that no fixed contract term has been agreed upon. If a fixed contract term has been agreed upon, it may only be terminated with notice by the end of the contract term. If the contract is not terminated, the respective fixed-term contract will automatically be extended by the originally agreed contract term.
12.3 The following provisions shall apply to the member accounts:
12.3.1 The contract is concluded for the specific term selected by the user within the scope of the registration (e.g. 2, 4 or 8-month membership).
12.3.2 The membership may be terminated at any time without notice by the end of the membership.
12.3.3 Insofar as the automatic extension is not excluded due to the payment method selected by the user, the membership will automatically be extended at the end of the contract term by the originally agreed contract term, unless either contract party terminates the membership prior to the expiry of the contract term. The user will be informed of the option or the lack of the automatic extension in an appropriate manner within the scope of the registration.
12.4 Either party is entitled to terminate the contract for a good cause without giving notice. A good cause constitutes in particular, if
a) the user is in default with the payment of the fees and fails to settle the payment despite reminders,
b) there actual indications of a behaviour that substantially affects the game experience of other players,
c) cheats, mods and/or hacks as well as any other form of software, tools or scripts are used that alter the gaming experience or the mechanism of online games,
d) third parties play on the user account of the user, unless the rules of the game provide for specific exceptions,
e) the user plays on the user account of a third party or uses more than one user account per online game,
f) the user of virtual objects that are used in online games uses these outside of online games, attempts to buy or sell them for "real" money or attempts to swap them, or
12.5 Any termination must be made in writing. Termination by e-mail is sufficient to fulfil the written form requirement. The termination can also be effected via a termination function integrated in the website of the respective game.
12.6 In the presence of legitimate reasons (e.g. in case of user accounts without membership, an extended period of inactivity, whose duration is dependent upon the respective game), Gameforge is entitled to delete the user account. The respective reasons and prerequisites for the deletion of user accounts can be obtained from the rules of the respective online game. Moreover, Gameforge is entitled to delete the user account at the end of the contract term at its own discretion.
12.7 In the event that Gameforge has declared the termination of the user contract or permanently suspended the operation of the Gameforge Internet pages for a reason the user in not responsible for, the user will be reimbursed for the equivalent amount of premium currency paid but not yet used to activate features or virtual objects.
13 Data privacy
13.1 Personal data of the user is only collected, processed or used if the user has given his consent or this is required or permitted by the Federal Privacy Act (Data Protection Act), the Telemedia Act (TMG) or another legal provision.
13.2 Further details are elucidated in the Gameforge Privacy Statement.
14 Applicable law, place of jurisdiction
14.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.
15.2 The user may transfer rights and obligations under this contract only with the prior written consent of Gameforge.
15.3 The user is only entitled to set-off, if his counterclaim has been established by a court of law or recognised by Gameforge and is uncontested. The user may only exercise a right of retention as far as it concerns claims arising from this contract.