Legal Information, Terms & Conditions
Responsible for the content:
Goodgame Studios is a branch of Altigi GmbH
Theodorstraße 42-90, House 9
Board of directors:
Dr. Kai Wawrzinek
Dr. Christian Wawrzinek
District court: Amtsgericht Hamburg
Trade register number: HRB 99869
|1.1||The following terms regulate the use of online and mobile games provided by Goodgame Studios on their internet pages and in App-Stores, as well as their additional range of services.|
|1.3||Goodgame Studios offer online and mobile games as well as other services within the framework of their technical and operational capabilities with an average annual availability of 90%. This does not include periods of time during which the use of online and mobile games or other service offerings are interrupted or affected by compelling technical reasons or required maintenance work. In these cases Goodgame Studios are not compelled to provide compensation in accordance with the provisions of this agreement. Periods of time, during which the servers of Goodgame Studios in general or of certain games in particular are unavailable on the internet due to reasons beyond Goodgame Studios’ control (force majeure, third party responsibility etc.) are also not included.|
|1.4||The online and mobile games as well as the additional range of services are continuously being developed, updated and adjusted further by Goodgame Studios. Thus, users are merely participating in the respective online and mobile games or additional offers in their respective version provided at any given time.|
|1.5||Online and mobile games as well as 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||Users are responsible for the suitability and up-to-dateness of their software and hardware.|
|1.8||Users have the opportunity to use the services of contractors of Goodgame Studios for various online and mobile games as well as other services. In these cases, a separate contract between users and the respective contractor of Goodgame Studios applies. Users will be informed appropriately prior to finalizing the contract.|
|1.9||Other provisions or terms and conditions of users only apply if Goodgame Studios agree to their validity by prior written consent.|
|2||Conclusion of Contract|
|2.1||User registration – alternatively installation of the app – is required for the use of online or mobile games as well as other services offered by Goodgame Studios.|
|2.2||Only natural persons are eligible for registration. Only individuals will be accepted as authorized users (no groups, families, spouses or life partners, etc.). Insofar as the user is a minor, they certify that by sending the registration request, an effective consent of the legal representatives is available.|
|2.3||During registration, users have to provide a player name and a valid, registered e-mail address. Users are 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. Users have to ensure that the information provided to Goodgame Studios during registration is genuine and complete.|
|2.4||The registration must be conducted in person. Registration through third parties, especially those that register individual people commercially at various 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 a registration or activation does not exist. Users are only permitted to register once per game round (e.g. world, universe, etc.) in a browser game. Once users have registered, they may not register again for the same game round for the duration of the current registration, by entering changed personal data, for example.|
|Right of cancellation|
|You can revoke your contract within two weeks without declaration of reasons in text form (e.g. letter, fax, e-mail). The revocation term starts after the receipt of the instruction in text form, but not before the conclusion of the contract and not before fulfillment of our information duties as per Article 312c para. 2 German Civil Code (BGB) in connection with article Article 1 para. 1, 2 and 4 German Civil Code Information Regulation as well as in accordance with our responsibilities as per article Article 312e para. 1, clause 1 German Civil Code in accordance with Article 3 German Civil Code- Information Regulation. To ensure the meeting of the revocation term, a timely posting of such declaration is sufficient. The revocation declaration must be addressed to: Altigi GmbH – Goodgame Studios, Theodorstr. 42-90, 22761 Hamburg.|
|In case of an effective cancellation the benefits received by each party shall be returned and any uses (e. g. interest) shall be surrendered. In cases where services rendered cannot be returned wholly or partly or only in impaired condition, users will be obliged to provide compensation, if applicable. Obligations to refund payments should be met within 30 days. The period for users begins with the submission of the cancellation, for us upon its receipt.|
|Revocation rights will expire prematurely if Goodgame Studios have begun rendering the service with your explicit consent before the end of the revocation period, or if users have initiated the service in question themselves. This assumption can normally be made if users have participated in online or mobile games or other services.|
|End of cancellation policy|
|4||General User Obligations|
|Users agree to provide Goodgame Studios with all future changes of their registration data, especially a change in the e-mail address, without delay. Users are obliged to confirm the accuracy of their data towards Goodgame Studios upon request.|
|4.2||Log-in Data, Identification, Passwords|
|4.3||Use of Goodgame Studios Internet pages and content of Internet pages|
|It is permitted to establish a link on the websites of Goodgame Studios to the extent that it only serves as a cross reference. Goodgame Studios reserve the right to revoke this permission.|
|5||Specific Terms for the Use of Online and Mobile Games|
|5.1||Users are only permitted one account per game round (i.e. world, universe) or an online or mobile game, unless the game rules explicitly state otherwise. The use of several user accounts is not permitted. Such multi-user accounts may be deleted or banned by Goodgame Studios at any time and at their sole discretion.|
|5.2||Users are prohibited from any form of manipulative interference in online or mobile games. In particular, users are not entitled to utilize measures, mechanisms or software that could interfere with the function or the course of the game. Users may not take measures that may cause an unreasonable or excessive burden on the technical capacity. Users are not allowed to block, to rewrite or to modify contents generated by the game administration, or to interfere with the game in any other manner.|
|5.3||Users are 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 users 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||Users may under no circumstances|
|a) create or use cheats, mods and/or hacks, or any other third party software products that may change the result of the online or mobile games,|
|b) use software, that allows “data mining” or otherwise intercepts or collects information in connection with the online and mobile games,|
|c) use virtual items outside of online or mobile games, buy for “real” money or sell or swap virtual objects that are used in online or mobile games,|
|d) sell, buy, or trade user accounts.|
|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, text-based browers or similar.|
|5.6||Automated opening of user accounts, regardless of whether the home page is displayed or not, is not permitted.|
|5.7||Goodgame Studios or contractors authorized by Goodgame Studios hold all and exclusive rights to objects used in online and mobile games as well as virtual objects provided at a charge. The same applies for user generated virtual objects. Users provide 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. Users will only receive a non-exclusive right of use to the virtual objects for the duration of the contract.|
|a) Chip Gifting|
You may 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 will be aggressively enforced through account suspensions and/or banning.
|c) Chip Farming / Scripting|
Using scripts and manual processes to abusively accumulate free chips is not permitted 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 users with different communication facilities (especially discussion forums, chats, blogs, guest books, etc. as well as utilzation of the commentary function) for self-created content and entries on the Goodgame Studios internet pages, which may be used on availability. Goodgame Studios only provide users with the technical environment for the exchange of information. However, users do not have the right to claim such communication features.|
|6.2||Users assume responsibility for their contents and contributions and commit to releasing Goodgame Studios entirely of any third- party claims or lawsuits. Goodgame Studios explicitly do not claim the content entered by users. However, users provide Goodgame Studios with the permanent, irrevocable, non-exclusive right to use the content and contributions that they posted. Goodgame Studios point out that Goodgame Studios have no active monitoring system of the content posted. However, random audits will be 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||Users are prohibited from publishing or distributing content on Goodgame Studios’ internet pages, in particular 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 threatening to the development of children and adolescents, or of a 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) contains personal data of third parties without their explicit 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.|
|7||Consequences of Breach of Duty|
|7.1||Goodgame Studios are not liable for damages resulting from a breach of duty by users.|
|a) change or delete content,|
|b) issue a warning to the user,|
|c) publication of misconduct in the respective online or mobile game with mentioning of the user name,|
|d) temporary or permanent blocking of a user from individual or all online and mobile 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 cases of a violation of section 6, or|
|g) immediate termination of the contract.|
|7.3||If users have been blocked or excluded, they may not log in 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 measures.|
|8.1||Unless otherwise stated, the use of online and mobile games as well as other services offered is free of charge.|
|8.2||Users may, however, purchase individual service offerings and individual features offered in the context of online or mobile games. Users will be informed separately on the features available for purchase, especially which function each feature provides, the duration of availability of the feature for purchase (if applicable), the purchase price and the available payment method in connection with the online or mobile game.|
|8.3||If minors wish to purchase features, they affirm that they received the funds to buy the features for purchase from their 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||Users affirm 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 or mobile game, participant country and the market availability of technically feasible payment options. Goodgame Studios reserve the right to amend their payment options.|
|8.7||Goodgame Studios reserve 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 are 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 are 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 are entitled to charge further compensation.|
|9||Limitation of Liability|
|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:|
|10||Contract Duration; Deletion of User Accounts|
|10.1||Unless stated otherwise for the respective online game, mobile game or other service, the contract for the use of the Goodgame Studios portal, online and mobile games and other service offerings runs 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) a user is in default with payment of the charges, and does not pay despite reminders,|
|b) a behavior significantly affecting the game experience of other players is being displayed,|
|c) cheats, mods and/or “hacks” as well as any other form of software, tools or scripts is being used that alters the gaming experience or the game mechanisms of online or mobile games,|
|d) third parties play on a user’s account, unless the rules of the game provide specific exceptions.|
|e) a user makes use of a third party user account or uses more than one user account per online game,|
|f) a user of virtual objects that are being used in online or mobile games uses these outside of the online or mobile games, attempts to buy or sell for “real” money or tries to barter,|
|g) a user sells, buys, or trades a user account, or|
|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 are entitled to cancel user accounts. Moreover, Goodgame Studios are entitled to delete user accounts at the end of the contract at their discretion.|
|Personal data of users will be only collected, processed or used, when the user has consented, or when the Federal Privacy Act (Data Protection Act), the Telemedia Act (TMG) or another law permits or requires it.|
|12||Governing Law, Jurisdiction|
|12.1||The law of the Federal Republic of Germany applies, excluding the CISG.|
|12.2||If users do not have a general jurisdiction in Germany, or in cases where the user is a merchant in terms of the Commercial Code, jurisdiction for all disputes will be the headquarters of Goodgame Studios. Goodgame Studios are also entitled to sue at the general jurisdiction of the user.|
|13.2||Users may transfer rights and obligations under this contract only after prior written consent of Goodgame Studios.|
|13.3||Users are only entitled to set-off, when their counterclaim has been legally established or has been recognized by Goodgame Studios and is uncontested. Users can only exercise a right of retention as far as there are claims arising from this contract.|
|Game design of Goodgame Gangster licensed by Playa Games GmbH.|
Responsible contact according to the Federal Data Protection Act is Altigi GmbH – Goodgame Studios, Theodorstr. 42-90, 22761 Hamburg.
|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’ 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.
|5||Use of your personal information|
We use your personal data in order to constantly improve our range of services and to satisfy users’ 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. In order to stop receiving further emails for this game account, please click here. After clicking “here” you will no longer receive information regarding this game account.
Finally, we use your information in order to protect our web pages and to trace unauthorized accesses.
|6||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:
|7||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.
|8||Security of your personal information|
We process the data collected from you according to the German Data Protection Act. All employees are obliged and have been advised to maintain data confidentiality and privacy obligations.
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
+49 40 851 924 90
Theodorstr. 42-90, House 9