Legal Information, Terms & Conditions
Legal Information
Responsible for the content according to § 10 MDStV:
Goodgame Studios is a branch of Altigi GmbH
Altigi GmbH
Theodorstraße 42-90, Haus 11
22761 Hamburg
E-Mail: info@goodgamestudios.com
Board of directors:
Dr. Kai Wawrzinek
Dr. Christian Wawrzinek
Fabian Ritter
District court: Amtsgericht Hamburg
Trade register number: HRB 99869
VATIN: DE253777364
Terms of Use
| 1. | Subject of the terms of use; scope | ||||||||||||
| 1.1 | The following terms regulate the use of the online-games provided by Goodgame Studios on the Goodgame Studios internet pages and their additional range of services. | ||||||||||||
| 1.2 | These terms of use completely replace older versions of Goodgame Studios terms of use. | ||||||||||||
| 1.3 | Goodgame Studios offers online games and other services within the framework of its technical and operational capabilities with an average annual availability of 90%. This does not include periods of time during which the use of online games and other service offerings are interrupted or affected due to compelling technical reasons or because of required maintenance work without Goodgame Studios having to provide compensation in accordance with the provisions of this agreement. | ||||||||||||
| 1.4 | The online games and additional range of services are continually developed, updated and adjusted further. The user has only the opportunity to take part in the respective online game and additional offers in their respective version provided at a time. | ||||||||||||
| 1.5 | Online games and other services offered by Goodgame Studios are intended solely for the purpose of entertainment. The use for business or commercial purposes is prohibited. | ||||||||||||
| 1.6 | The user him/herself is responsible for the timeliness and appropriateness of its software and hardware. | ||||||||||||
| 1.7 | In addition to these terms of use, existing rules for individual online game apply, if any. In case of inconsistency between these terms of use and the rules of the game, the provisions of these terms of use prevail. For individual online games, specific versions and/or components of online games and individual service offerings on the Goodgame Studios Internet pages also specific terms of use apply. The user is informed prior to use of the respective offering in an appropriate manner. | ||||||||||||
| 1.8 | At various online games and other services, the user has the opportunity to use services of contractors of Goodgame Studios. In this case, a separate contract between the user and the respective contractor of Goodgame Studios applies. The user is informed appropriately prior to conclusion of the contract. | ||||||||||||
| 1.9 | Other provisions or terms and conditions of the user only apply if Goodgame Studios agrees to their validity by prior written consent. | ||||||||||||
| 2. | Conclusion of Contract | ||||||||||||
| 2.1 | Registration of the user is a prerequisite for the use of online games and other services offered by Goodgame Studios. | ||||||||||||
| 2.2 | Registration is reserved only for natural persons. Only individuals are accepted as authorized users (no groups, families, life partners, etc.). Insofar as the user is a minor, he/she certifies that with sending the registration request an effective consent of the legal representatives is available. | ||||||||||||
| 2.3 | At registration, the user has to provide a player name and a registered e-mail address. The user is not entitled to receive a particular player name. The player name may not infringe rights of third parties and may also not offend common decency. Moreover, no e-mail or Web address may be chosen as the player name. The user shall ensure that the information provided to Goodgame Studios at registration is true and complete. | ||||||||||||
| 2.4 | The registration is carried out personally. Registration through third parties, especially a third party that registers individual people at several teleservice providers (registration services and/or entry services) is not permitted. | ||||||||||||
| 2.5 | With the successful registration, the user opens an account (“user account”) which the user manages independently. Without the explicit consent of Goodgame Studios, the user account is not transferable. | ||||||||||||
| 2.6 | A right to claim registration or activation does not exist. Per game round (e.g. world, universe, etc.) in a browser game the user is only allowed to register once. If a user has already registered once, the user may not register again for the same game round for the duration of the current registration, for example, under entry of, changed personal data. | ||||||||||||
| 3. | Cancellation Policy | ||||||||||||
Right of cancellation Consequences Special notes End of cancellation policy | |||||||||||||
| 4. | General obligations of the user | ||||||||||||
| 4.1 | User data | ||||||||||||
| The user agrees to provide Goodgame Studios with all future changes of his/her registration data, especially a change in the e-mail address, without delay. The user is obliged, to confirm Goodgame Studios upon request the accuracy of his/her data. | |||||||||||||
| 4.2 | Log-in data, identification, passwords | ||||||||||||
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| 4.3 | Use of Goodgame Studios Internet pages and content of Internet pages | ||||||||||||
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| 4.4 | Links | ||||||||||||
| It is permitted to establish a link to the websites of Goodgame Studios to the extent that it only serves as a cross reference. Goodgame Studios reserves the right to revoke this permission. | |||||||||||||
| 5. | Specific terms for the use of online games | ||||||||||||
| 5.1 | The user is only allowed to have one account per game round (i.e. world, universe), unless the game rules explicitly state otherwise. The use of several user accounts is not permitted. Such multi-user accounts can be deleted or banned by Goodgame Studios at any time and in its sole discretion. | ||||||||||||
| 5.2 | The user is prohibited from any form of manipulative interference in the online game. In particular, the user is not entitled to use measures, mechanisms or software that could interfere with the function or the course of the game. The user may not take measures that may cause an unreasonable or excessive burden on the technical capacity. The user is not allowed to block, to rewrite or to modify contents generated by the game administration or to interfere in any other manner with the game. | ||||||||||||
| 5.3 | The user is also prohibited from running the online game (including all individual web pages) with other programs besides the Internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the Web interface. Also prohibited are scripts and completely or partially automated programs that provide the user with an advantage over other users. This includes auto-refresh-functions and other integrated mechanisms of the Internet browser, if it includes automated operations. | ||||||||||||
| 5.4 | The user may under no circumstances | ||||||||||||
| a) create or use cheats, mods and/or hacks, and 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 in connection with the online games, | |||||||||||||
| c) use outside of online games, buy for “real” money or sell or swap virtual objects that are used in online games. | |||||||||||||
| This includes all evasions, similar actions or actions that match in their effect the aforementioned bans. | |||||||||||||
| 5.5 | The application of advertising suppressing measures is prohibited. It is immaterial whether advertising is deliberately suppressed or generally blocked e .g. by so-called Pop-Up Blockers, or similar. | ||||||||||||
| 5.6 | Log-in is only permitted on the homepage of each online game and the Goodgame Studios portal page. An automated opening of the user accounts, regardless of whether the home page is displayed or not, is not permitted. | ||||||||||||
| 5.7 | Goodgame Studios or by Goodgame Studios authorized contractors exclusively have all rights to objects used in online games and virtual objects provided at a charge. The same applies for user generated virtual objects. The user provides Goodgame Studios with spatio- temporal and textual unrestricted, exclusive right of use to such self-created virtual objects. This right includes in particular the rights to reproduction, distribution and processing. The user receives only a non-exclusive right of use to the virtual objects for the duration of the contract. | ||||||||||||
| 5.8 | Chip Transfers | ||||||||||||
| a) Chip Gifting You can gift chips to your Buddies using the “send chips” tool. This tool is found by clicking on a buddy’s picture at the table or by viewing their profile page. However, you are not allowed to send these gifts in exchange for money or money equivalent. Doing so will result in your accounts beings suspended and/or banned. | |||||||||||||
| b) Chip Transfers The only allowed method for transferring chips between users is by using the “send chips” tool. Losing chips on purpose (eg. but not limited to losing poker hands on purpose at the table) to send chips to a friend (or yourself on another account) is a violation of our Terms of Service and is aggressively enforced through account suspensions and/or banning. | |||||||||||||
| c) Chip Farming / Scripting Using scripts and manual processes to abusively accumulate free chips is not allowed and will result in your account(s) being suspended or banned. | |||||||||||||
| 6. | Specific conditions for the use of communication facilities (particularly discussion forums, chat, comments) on the Goodgame Studios websites | ||||||||||||
| 6.1 | Goodgame Studios may provide the user different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as within a commentary function) for own content and entries on the Goodgame Studios internet pages, which may be used as available. Goodgame Studios only provides users with the technical environment for the exchange of information. However, users do not have a right to claim such communication facilities. | ||||||||||||
| 6.2 | The user assumes responsibility for his/her contents and contributions and commits to release Goodgame Studios entirely of any third- party claims or lawsuits. Goodgame Studios explicitly does not claim the content entered by users. However, the user provides Goodgame Studios with the permanent, irrevocable, non-exclusive right to use the content and contributions posted by him/her. Goodgame Studios points out that Goodgame Studios has no active monitoring system of the content posted. However, random audits are performed instead. In addition, each user has the option to inform Goodgame Studios of suspected illegal content. Goodgame Studios will then respond as quickly as possible and edit or delete reported contents, as necessary. | ||||||||||||
| 6.3 | The user is prohibited from publishing or distributing content on Goodgame Studios Internet pages and particularly in the context of the communications facilities, that | ||||||||||||
| a) violates the law, is improper or is immoral; | |||||||||||||
| b) violates trade marks, patents, utility or design patterns, copyrights, trade secrets or other rights of third parties; | |||||||||||||
| c) is obscene, racist, violent, pornographic, adult content or otherwise the development of children and adolescents threatening or harmful nature; | |||||||||||||
| d) is of abusive, harassing or defamatory nature; | |||||||||||||
| e) includes chain letters or pyramid schemes; | |||||||||||||
| f) falsely suggests that it is provided or supported by Goodgame Studios; | |||||||||||||
| g) contain personal data of third parties without their express consent; | |||||||||||||
| h) is commercial, in particular promotional in nature. | |||||||||||||
| 6.4 | The inclusion of Internet sites, company or product names is only permitted when it is not primarily for the purpose of advertising. | ||||||||||||
| 6.5 | All users of the communication facilities provided on the Goodgame Studios Internet pages are required to choose an acceptable choice of words. Abusive criticism or attacks on people in derogatory manner shall be avoided. | ||||||||||||
| 6.6 | Notwithstanding any other rights under these terms of use, Goodgame Studios has the right to amend and fully or partially delete content and contributions, which violate these rules. Goodgame Studios also has the right to exclude users who violate these rules, in whole or temporarily from further use of online games, Goodgame Studios Internet pages and other service offerings. | ||||||||||||
| 7. | Consequences of a breach of duty | ||||||||||||
| 7.1 | Goodgame Studios is not liable for damages resulting from a breach of duty by the user. | ||||||||||||
| 7.2 | Independently of additional legal or contractual rights Goodgame Studios may take the following actions against any user who are in breach with statutory law, third party rights, these terms of use or the respective additional regulations and game rules: | ||||||||||||
| a) change or delete content, | |||||||||||||
| b) give a warning to the user, | |||||||||||||
| c) publication of misconduct in the respective online game with mentioning of the user name, | |||||||||||||
| d)temporary or permanent blocking of a user from individual or all online games and content of Goodgame Studios Internet pages, | |||||||||||||
| e) exclusion of a user, | |||||||||||||
| f) issuing a temporary or permanent virtual ban from the house in the cases of violation of section 6, or | |||||||||||||
| g) immediate termination of the contract. | |||||||||||||
| 7.3 | If a user has been blocked or excluded, he may not login again without prior consent of Goodgame Studios. There is no right for a waiver of an exclusion, a virtual ban from the house or any other measure. | ||||||||||||
| 8. | Usage fees | ||||||||||||
| 8.1 | Unless otherwise stated, the use of online games and other services offered is free of charge. | ||||||||||||
| 8.2 | The user may, however, purchase individual service offerings and individual features offered in the context of online games. The user is informed separately on the kind of features for purchase, especially what function each feature has, possibly of the duration of availability of the feature for purchase, the purchase price and the available payment method in connection with the online game. | ||||||||||||
| 8.3 | Where a minor wishes to buy features for purchase, he assures that he/she received the funds to buy the features for purchase from his/her legal guardian for this purpose or for unrestricted use. | ||||||||||||
| 8.4 | The agreed-upon charges are due for payment with the conclusion of the contract. The debit payment is made typically through the respective authorized service provider, whereby the withdrawal can be made a few days in advance to guarantee continuous usability. In individual cases, general terms and conditions included by the authorized service provider may be applicable. | ||||||||||||
| 8.5 | The user assures that all information provided in the context of a payment transaction (including bank, credit card number, etc.) is complete and correct. | ||||||||||||
| 8.6 | The payment options vary according to the online game, participant country and the market availability of technically feasible payment options. Goodgame Studios reserves the right to amend its payment options. | ||||||||||||
| 8.7 | Goodgame Studios reserves the right to change the fees of the in-game features (including virtual currencies). This includes Goodgame Studios`s right to increase or decrease fees for all singular in-game features for all future transactions. | ||||||||||||
| 8.8 | In case of default, statutory interest accrues. Goodgame Studios is also entitled to block the user account, to recover damages and to terminate services. | ||||||||||||
| 8.9 | Should Goodgame Studios through a fault of the user (including an inadequate account balance) incur back charges or cancellation fees, the user shall bear the related costs. Goodgame Studios is allowed to request these costs and the accrued charges. If payment is made by credit card, back charges are incurred up to 50 EUR per credit card transaction plus bank charges incurred by Goodgame Studios. Goodgame Studios is entitled to charge further compensation. | ||||||||||||
| 9. | Limitation of Liability | ||||||||||||
| 9.1 | The user is directly liable to third parties for violation of their rights. The user agrees to reimburse Goodgame Studios for all damages resulting from the non-observance of the obligations of these terms of use. The user releases Goodgame Studios from all claims, which other users or other third parties file against Goodgame Studios for violation of their rights by content posted by the user or due to violation of other obligations. The user takes over the cost of legal defense of Goodgame Studios including all court and lawyer costs. This does not apply if the user is not responsible for the infringement. | ||||||||||||
| 9.2 | The liability of Goodgame Studios, on whatever legal grounds, whether due to contractual misconduct or breach of duty is ultimately determined in accordance with the following rules: | ||||||||||||
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| 10. | Contract duration; deletion of user accounts | ||||||||||||
| 10.1 | Unless stated otherwise for the respective online game or other service, the contract for the use of the Goodgame Studios portal and online gaming and other service offerings is for an indefinite period. It begins with the registration or activation by Goodgame Studios. | ||||||||||||
| 10.2 | The contract may be terminated by either party at any time with immediate effect, provided that there is no agreed upon temporary contract period. If a temporary contract period has been agreed upon, it may be terminated proper only at the end of the period. If it is not cancelled, the current temporary contract is extended automatically by the originally agreed contract duration. | ||||||||||||
| 10.3 | Either party has the right to terminate the contract for cause without giving notice. An important reason constitutes in particular, if | ||||||||||||
| a) the user is in default with the payment of the charges, and does not pay despite warnings, | |||||||||||||
| b) a behavior exists that affects the game experience of other players not insignificantly, | |||||||||||||
| c) cheats, mods and/or “hacks” as well as any other form of software, tools or scripts are used that alter the gaming experience or the game mechanism of online games, | |||||||||||||
| d) third parties play on the user account of the user, unless the rules of the game provide 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 for “real” money or tries to barter or | |||||||||||||
| g) the user culpably violates laws, these terms of use, complementing existing conditions and/or rules of the game. | |||||||||||||
| 10.4 | Any termination must be in writing. Terminations via e-mail are considered in writing. | ||||||||||||
| 10.5 | In the presence of legitimate reasons (e.g. extended period of inactivity), Goodgame Studios is entitled to cancel the user account. Moreover, Goodgame Studios at its discretion is entitled to delete to user accounts at the end of the contract. | ||||||||||||
| 11. | Privacy Protection | ||||||||||||
| Personal data of the user are only collected, processed or used, when the user has consented or the Federal Privacy Act (Data Protection Act), the Telemedia Act (TMG) or another law allows or requires it. More detail pursuant to the Goodgame Studios privacy declaration. | |||||||||||||
| 12. | Governing Law, Jurisdiction | ||||||||||||
| 12.1 | The law of the Federal Republic of Germany applies, excluding the CISG. | ||||||||||||
| 12.2 | If the user does not have a general jurisdiction in Germany or where the user is a merchant in terms of the Commercial Code, jurisdiction for all disputes is the headquarters of Goodgame Studios. Goodgame Studios is also entitled to sue at the general jurisdiction of the user. | ||||||||||||
| 13. | Amendments to these terms of use, other, communications, escape clause | ||||||||||||
| 13.1 | Goodgame Studios reserves the right to change these terms and conditions. Users will be informed of the change when they log in two weeks before the coming into force of the change at the latest, via the Goodgame Studios-portal or via the respective online game. Alternatively Goodgame Studios can send its users the change in terms and conditions via e-mail or inform them that the change in conditions can be accessed through the Goodgame Studios internet pages. The user declares its consent of the changed terms of use by logging in on the Goodgame Studios portal again or the respective online game, after this change has become effective. Goodgame Studios will inform its users of the two-week respite, the revocation rights and the legal consequences of their silence on such change in an appropriate form. | ||||||||||||
| 13.2 | The user may transfer rights and obligations under this contract only after prior written consent of Goodgame Studios. | ||||||||||||
| 13.3 | The user is only entitled to set-off, when his counterclaim has been legally established or has been recognized by Goodgame Studios and is uncontested. The user can only exercise a right of retention as far as there are claims arising from this contract. | ||||||||||||
| 13.4 | Goodgame Studios communicates with the user – unless indicated otherwise by theses terms of use – usually by e-mail. The user makes sure that the e-mail specified at registration is checked regularly for messages from Goodgame Studios. When contacting Goodgame Studios, the user has to indicate which online game and which user account he/she is referring to. | ||||||||||||
| 13.5 | Any amendment and/or repeal of these terms of use must be in writing. This also applies for a change and/or waiver of written form. | ||||||||||||
| 13.6 | If any provision of these terms of use should be or become ineffective and/or oppose statutory provisions, the effectiveness of the remaining provisions of the terms of use are not affected. The ineffective provision shall be replaced by the parties by such a provision, which legally comes closest to the economic sense and purpose of the invalid provision. The above provision applies in case of loopholes accordingly. | ||||||||||||
| 14. | Licenses | ||||||||||||
| Game-Design of Goodgame Mafia licensed by Playa Games GmbH. |
Privacy Policy
Altigi GmbH – Goodgame Studios, Theodorstr. 42-90, 22761 Hamburg, and other companies of the Goodgame Studios Group (“Goodgame Studios”), take the protection of your personal information very seriously. The following privacy policy will provide you with information about the personal information that is collected and how it is processed and used.
| 1. | Subject matter of this privacy policy |
This Privacy Policy applies to all services which are offered on Goodgame Studios internet sites, in particular the Goodgame Studios portal at ‘www.goodgamestudios.com’ and the individual online game sites. Unless stated otherwise, this Privacy Policy exclusively regulates how Goodgame Studios treats your personal information. In case you make use of services provided by third parties, the Privacy Policy conditions of these third parties apply exclusively. Goodgame Studios does not revise Privacy Policy conditions of third parties. | |
| 2. | Responsible contact |
Responsible contact according to the Federal Data Protection Act is Altigi GmbH – Goodgame Studios, Theodorstr. 42-90, 22761 Hamburg. In case you have any questions concerning privacy policy matters, please contact datenschutz@goodgamestudios.com. At this address, you can inquire about privacy issues, review, change or delete your personal information stored by Goodgame Studios. Alternatively, you can also contact us using the above postal address. Please – if possible – include the online game that you have played, the server and your player name. | |
| 3. | Collection of information |
Generally, you can access our Internet offering without disclosing any personal information to us. It is always your choice whether or not to provide us with your personal information. We collect your information to be able to fulfill the user requirement. In addition to monitoring compliance with the terms and rules this includes in particular the proper handling of your payment arrangements. If you would like to register on our Internet sites, participate in sweepstakes or subscribe to our newsletter it is necessary to provide personal information. This information includes, for example, your name, address, e-mail address and other personal information which Goodgame Studios may query in individual cases. In many cases it is possible to use Goodgame Studios’s services by using pseudonyms. Users are encouraged to make use of this feature. In addition, individual information such as IP address, browser type and access time will automatically be transferred to us by your computer and stored on our server. Except for the purpose of prosecuting unauthorized use of our website, we evaluate such information only for statistical and performance-related purposes. Where possible, the information is anonymized. In order to make the visit to our Internet sites as pleasant as possible, we use, like many other companies, so-called cookies. After your visit to our website, these cookies are usually automatically deleted from your hard drive. Your Internet browser can be set to reject cookies generally. This can lead, for technical reasons, to restricted functioning of our Internet offerings. We gather, process and use personal information – unless already permitted by statutes – only with your consent. If this consent is made in an electronic manner in the context of our online offerings, we shall fulfill the legal requirements to inform you about it. | |
| 4. | Use of your personal information |
We use your personal data in order to constantly improve our range of services and to satisfy the user’s needs. Goodgame Studios uses your personal information for the establishment, processing and settlement of your user relationship with Goodgame Studios and the processing of payments. Furthermore, we use your information in order to communicate with you. This includes that we, as the case may be, inform you about novelties of our services via e-mail. We use your personal information in order to inform you about products, services or certain events which could be of interest to you on a regular basis. You will be informed as part of this communication that you may cancel the subscription at any time. Finally, we use your information in order to protect our web pages and to trace unauthorized accesses. | |
| 5. | Transmission of personal information |
As a matter of course, your data will not be sold to third parties. Goodgame Studios exclusively transmits your personal data to the following extent: We work together with payment providers (e.g. credit card companies, banks, PayPal, mobile services, debt collection agencies, etc.) providers that create and compile statistical data, IT service providers (e.g. data centers, hosts, backup services, database services). These service providers only have access to your data to the extent which is necessary for the completion of their tasks. These service providers are obliged to treat you data according to this privacy policy and the relevant data protection statutes. In the case that Goodgame Studios, companies controlled by Goodgame Studios, particular affiliated companies or shares of the company are sold, your customer information will generally be passed on with the transmitted part of the company. Of course, in this case your data is also subject to this privacy policy and the relevant data protection statutes. | |
| 6. | Deletion of data |
If your data is no longer necessary for the above-mentioned purposes including the settlement, for tax purposes or other legal reasons it will be deleted. | |
| 7. | Security of your personal information |
We process the information collected from you according to the German data protection law. All employees are obliged and have been adviced to maintain data confidentiality and privacy obligations, and that received. When submitting payments the transfer of your information is protected by SSL encryption technology. Our SSL transfer is GoDaddy certified. |
Hamburg, September 10th, 2009
Goodgame Studios is a branch of
Altigi GmbH
Theodorstr. 42-90, Haus 11
22761 Hamburg
Germany