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Infernum Productions AG, Alt-Moabit 91B, 10559 Berlin (hereinafter referred to as “Infernum”) offers Internet-based online games (hereinafter referred to as “Game” or “Games”) as well as thus associated additional services. These additional services include among others the acquisition of virtual objects and virtual currency for the Games as well as other services, above all from the field of the communication with other players (e.g. forums, chats, profile sites for users). The users of the Games are hereinafter referred to as “Users”.
§ 1 Field of application
1.1 Infernum shall exclusively provide all services and additional services, associated with the offered Games based on these General Business Terms (hereinafter referred to as “General Business Terms” [Abbreviation in German: AGB]).
1.2 The validity of possible General Business Terms of the users is hereby explicitly objected to. Possible General Business Terms of the Users shall only become a part of the contract if these have been explicitly approved by Infernum in writing.
1.3 The rules and pre-requisites for participation of the respective Games are published on their homepages. The User also recognises these rules and pre-requisites for participation as binding with his participation.
1.4 The Users are not entitled to assign their rights from this contractual relationship to third parties. Another regulation shall only apply if Infernum has approved this in writing in advance.
1.5 Questions which may be raised in connection with services of third parties (for example Internet service providers) are not affected by these General Business Terms.
§ 2 Description of the offered service
2.1 Infernum enables the Users to participate in the Games and the additional services offered in this context within the framework of the existing technical and operational possibilities.
2.2 In order to play the Games the User must, depending on the Game, connect to the respective server of the Game by means of a client, an application or only the browser. Infernum shall make the Game servers available which are necessary for the Games as well as put the applications and clients online for use or for downloading.
2.3 The User is responsible for keeping his PC in a condition which allows the use of the Games. In addition, it is above all necessary that the PC of the User satisfies the minimum system pre-requisites of the respective Game and has a sufficiently quick Internet connection.
2.4 The Games can be used free of charge in the respective basic version. However, Users have the possibility to acquire virtual currency or other additional services for the Game from Infernum against payment. The virtual currency can among others be exchanged for virtual objects and/or other additional functions (for the payment modalities see § 7). The respective functions, pre-requisites and prices will respectively be pointed out separately to the User before their use in the respective Game or on the website of Infernum. Neither virtual currency nor virtual objects represent objects within the meaning of § 90 BGB [German Civil Code]. Therefore, Infernum shall not assign any ownership hereto to the Users, but merely a right of use. The scope and the duration of the granted right of use depend on the respective virtual objects or the virtual currency.
2.5 The Games offered by Infernum are constantly further developed, updated and modified. This is to offer the Users fun while playing for as long as possible. Therefore Users are always only entitled to participate for the respective current version of each Game. Infernum reserves the right to suspend, restrict or to change the operation of individual Games or individual features of the Games in full or in part at all times without stating any reasons.
2.6 Infernum guarantees an annual average availability of 90% for each Game. Excluded from this are times in which the servers are not available via the Internet for the respective Games owing to technical or other problems which are beyond the control of Infernum (e.g. force majeure, fault of third parties, etc.), as well as times in which routine service work is carried out. The liability of Infernum for a non-availability of the servers in case of wilful intent and gross negligence remains unaffected. The access to the services can be limited by Infernum if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious interferences to either the network, the software or stored data require this.
§ 3 Users entitled to take part
3.1 The offer of the Games is exclusively oriented to consumers within the meaning of § 13 BGB [German Civil Code]. A consumer is each natural person who concludes a legal transaction for a purpose which can neither be attributed to its commercial nor its self-employed activity.
3.2 Entitled to participate are only persons who have either attained the age of 18 or whose legal guardians have approved the use.
3.3 The User assures with the registration for participation in a Game that he is of the age of consent and has the capacity to conclude legal transactions. If the User is a minor, he assures the existence of the consent of his legal guardian. Infernum is entitled to request a written proof that the User is of the legal age of consent at all times or of the declaration of consent of his legal guardian.
3.4 A use of the Games for commercial purposes is not permitted. The participation in the Games solely serves for entertainment.
§ 4 Conclusion of contracts
4.1 The prior registration and creation of a member account (hereinafter referred to as “Account”) is necessary for the participation in a Game. The necessary registration of a User is carried out either online by completing a registration form on the website of the respective Game, directly on the website of Infernum or via the registration through a social network, such as e.g. through Facebook Connect.
4.2 In addition the User must accept these General Business Terms by clicking on a checkbox over the course of the registration. The General Business Terms can be printed out before the registration form is sent by the User or stored on a permanent data carrier.
4.3 All fields marked “mandatory” in the registration form must be completed by the User. The User must provide all details correctly in the registration form, no matter whether voluntarily or necessary. He must enter an own e-mail address when registering under which he can actually be contacted.
4.4 By sending his registration, the User submits an offer towards Infernum for the conclusion of a contract for use. However, no contract is concluded hereby yet, but only with the acceptance of the user application by Infernum. Infernum shall confirm the receipt of the user application by electronic means to the e-mail address stated by the User. This does not yet represent any acceptance of the user application. An acceptance of the user application can however be connected with the confirmation of the receipt if this is explicitly carried out. In addition, the acceptance can also be carried out explicitly outside of the confirmation of receipt or by the first act of fulfilment of the contract by Infernum. There is no entitlement to conclusion of a contract to set-up an account, to participate in the Games or to use their additional services.
4.5 Each user may only open and use one account per Game. The opening of several accounts for the same Game by the same User (so-called “Multiaccounts”) is prohibited. This is an essential contractual duty and a breach hereof shall entitle Infernum to the immediate termination of all accounts of the User without notice (see Subclause 13.4).
4.6 With his registration or later the User chooses a member name under which he is kept as co-player. Member names with pornographic, racist contents, with hate-inciting contents, which glorify war or violence, insulting or other unlawful contents are prohibited. A breach entitles Infernum to block the User immediately and/or to terminate the User without notice in case a blocking is not sufficient owing to the seriousness of the breach (see Subclause 8.4).
4.7 The User may not assign his account to third parties without the prior written consent of Infernum. An assignment against payment, thus a sale of the account, is always inadmissible.
4.8 If payments are to be made for services over a certain time period, then the User agrees to a subscription contract with Infernum, which is automatically extended unless the User cancels the contract within the time period listed in 13.1 and 13.2 The length of the subscription is listed in the rules for the relevant game or relevant service.
§ 5 INSTRUCTIONS ON RIGHT TO REVOCATION
You can revoke your contractual declaration in a text form (e.g. letter, fax, e-mail) within one month without stating any reasons. The deadline shall begin after receipt of these instructions in a text form, however not before the conclusion of the contract nor before satisfaction of our information obligations according to Article 246 § 2 in conjunction with § 1 Par. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our duties according to § 312g Par.1 Sentence 1 BGB [German Civil Code] in conjunction with Article 246 § 3 EGBGB. The timely sending of the revocation is sufficient in order to safeguard the deadline for revocation. The revocation is to be sent to:
Infernum Productions AG
Alt-Moabit 91B
10559 Berlin
Fax: +49 (0)30 577 01 20 - 99
E-Mail: contact@infernum.com
Consequences of revocation
In the event of an effective revocation the services received by both parties are to be returned and any drawn benefits (e.g. interest) to be handed over. If you cannot return the received service to us in full or in part or only in a deteriorated condition you must if applicable accordingly reimburse us the value. This can lead to the fact that you nevertheless will have to satisfy the contractual payment obligations for the period of time until the revocation.
Obligations for the reimbursement of payments have to be satisfied within 30 days. The deadline shall begin for you with the sending of your declaration of revocation, for us with its receipt.
Special reference: Your right to revocation shall lapse prematurely if the contract has been satisfied in full by both parties at your explicit request before you have exercised your right to revocation.
End of the instructions on right to revocation
§ 6 General terms and conditions of use
6.1 The Games are only provided within the framework of a use as per contract. Registered Users can connect themselves to a server under their login and their personal code or -if provided- using external authorisation methods (e.g. Facebook Connect). The automatic creation or log-in to game accounts is not permitted. Exclusively the official clients and applications or websites provided by Infernum may be used for the connection with the servers.
6.2 The User is not entitled to use measures, mechanisms or software in connection with the website, the client, the application or other software provided by Infernum which may disturb the function and the progress of the game. The User may not take any measures which may result in an unreasonable or excess load for the technical capacities of Infernum. The User is in particular not permitted to block, write over or to modify contents generated by Infernum insofar as this has not been explicitly permitted by Infernum in writing.
6.3 The User is not permitted to add elements to the Game software or to change, to delete or modify in any other form elements of the Games software without the prior explicit written consent by Infernum. The User is in particular not permitted to copy, to remove or otherwise use graphical elements or to try to decode the source code of the software.
6.4 A use of the Games for commercial or illegal purposes is not permitted.
6.5 The User may not carry out or have others carry out, use or apply any software or hardware-based application of third parties which enables him to influence the status of the Game or the progress of the Game or to receive services which he could otherwise only acquire liable to payment of a fee. Therefore, the User is in particular prohibited from procuring services which are liable to costs or other benefits, such as for example the systematic or automatic control of the Game or individual game functions by using software of third parties or other applications (in particular so-called “Bots”, “Hacks” or “Cheats”).
6.6 The User is explicitly prohibited from selling, purchasing, letting, renting, offering, accepting, distributing or reproducing virtual objects or the virtual currency during and/or outside of the Games – no matter in which form – to third parties if no counter-value or a counter-value exclusively in the form of other virtual objects or virtual currency is requested for the same Game. If virtual currency or virtual objects are traded or exchanged in the Games without a comparable counter-value being provided within the Game a breach of this Subclause 6.6 shall be presumed. The User is entitled to provide evidence to the contrary.
6.7 The Users are further obliged to comply with the statutory provisions with all uses of the Games. They are in particular prohibited from distributing contents of all kinds and in any form with a pornographic, racist, insulting reference or reference which glorifies violence, war or any other unlawful reference as well as contents which are suitable for infringing rights of third parties. The User is also prohibited from distributing commercial advertising for products or programmes of third parties or in any unauthorized manner works of third parties, which are protected by copyright or by other rights, in the Games.
§ 7 Payment processing
7.1 Infernum grants the Users the possibility to receive virtual currency against payment of a fee, which can be exchanged for virtual objects and/or additional functions, which are not available in the Games in their free basic version and/or have to be won by playing. It can also be made possible for the Users, depending on the Game, to use other additional services (e.g. change of server, Ingame-name changes) against the payment of a fee. The type, function and price of the individual virtual objects and additional functions shall be announced to the Users in the respective Game or partly also on the website of Infernum before their use. The offered virtual objects and additional functions which are liable to costs make it possible to use certain additional functions over certain periods of time in compliance with the rules of the respective Game.
7.2 Owing to the constant further development of the Games Infernum reserves the right to offer new additional functions and/or virtual objects and/or to remove these from the offer, to change these or to make these available in the free basic version. Insofar as the User has already made payments for virtual objects and/or additional functions for a future period of time and can no longer use these for the afore-mentioned reasons or they are also made available in the free basic version Infernum shall, at the choice of the User, alternatively offer other virtual objects and/or additional functions for the Game and/or reimburse the paid amount pro rata to the User. In these cases the User is at liberty to terminate the contract with immediate effect. Further claims of the User in this respect are excluded.
7.3 The fees for virtual currency or additional services are due and payable in advance with the final confirmation of the order by Infernum or a payment service provider used by Infernum for the User. The due payments shall as a rule be debited from the bank account stated by the User or via credit card or made using suitable payment systems.
7.4 Infernum is entitled to reduce the prices for virtual currency, virtual objects and/or additional functions permanently or for a limited period of time and to offer new products, services or settlement modalities permanently or for a limited period of time. The User will be informed of price changes to their subscription via email. The price changes are considered accepted unless the User objects to the change in whole or in part via letter or email within four weeks of receiving written notification of the price change. Infernum must inform the User of the consequences of not objecting to the changes within the email.
7.5 In the event of default Infernum is entitled to request interest on default in the statutory amount, to suspend the services and to block the account of the User immediately. The User will not be charged for subscriptions belonging to a blocked account for as long as the account remains blocked.
7.6 Should return debit charges be incurred to Infernum through a fault of the User or by insufficient coverage on the account for which the User is responsible and/or cancellation fees by the subsequent cancellation of direct debits the User shall bear the thus incurred costs. Infernum is entitled to request these costs together with the original fee from the User’s account by a repeated debit. If the fees are paid by direct debit or credit card collection and if return debit notes are incurred then Infernum shall charge a processing fee in the amount of EUR 9.00 per direct debit / credit card collection plus the bank charges incurred for Infernum insofar as the User does not prove lower damages.
7.7 A compensation by the User is only possible against undisputed counter-claims or counter-claims which have been declared final and binding against Infernum. The User can only exercise a right of retention if his counter-claim is based on the same contractual relationship. An assignment of his claims against Infernum to third parties is excluded.
7.8 Infernum can also additionally offer the User alternative payment methods with which the User uses the services of third parties and which can require other considerations than monetary payments. If the User uses services of third parties hereby corresponding contracts shall also accordingly be concluded additionally between the User and the third party. The General Business Terms of these third parties can possibly be included in such contracts with third parties. Infernum has no direct influence on their contents and as a rule no knowledge thereof either.
§ 8 Duties and responsibilities of the Users
8.1 The main service obligation of the User is the payment of a possibly incurred fee. A further main service obligation of the User is the duty to give the correct and full details of data, which Infernum enquires from the User upon conclusion of the contract or during the progress of the contractual relationship. The User assures therefore that the personal details provided by him and other circumstances which are relevant for the contract (in particular bank details and credit card number) within the framework of the contractual offer or the conclusion of the contract or during the progress of the contractual relations are complete, correct and legally allowed.
8.2 The Users are aware that they play together with numerous other users in the Games or communicate with various users through the additional services. In order to ensure a successful interaction it is necessary to comply with rules. The Users recognise the rules and pre-requisites for the participation in the Games as binding. The Users will follow the instructions of Infernum, represented by the game management. The Users shall also incidentally refrain from everything which disturbs the operation of the games and the additional services and the successful interaction. The User in particular undertakes not to contribute and/or send any contents with unlawful or immoral contents into the Games. These in particular include contents which incite to racial hatred, glorify violence, are suitable for seriously endangering the morals of children or youths or impairing their welfare and can harm the reputation of Infernum. The User may not refer to offers with such contents either.
8.3 In case of infringements of the User of Subclause 8.2 Infernum is entitled to delete the information entered by the User itself. Infernum is also entitled to delete entered information if there are concrete indications for a breach of these General Business Terms, the rules or pre-requisites for participation or if the entered information is otherwise unlawful.
8.4 In case of infringements of the User, Infernum – in addition to the right to termination – is entitled to temporarily block the access of the User to his account after prior warning and threat of blocking. A warning with threat of blocking is not necessary if there are special circumstances which, by weighing up the mutual interests, justify the immediate blocking of the access. The User shall be informed about the reason for the blocking by Infernum. The same shall apply in the event of an improper credit card use, use of incorrect credit card information as well as providing incorrect data in the event of the participation in the direct debit procedure. The blocking of the access includes that all contents and information which stem from the excluded User may be removed from the database and from the websites by Infernum immediately.
8.5 In case of a justified blocking of the access Infernum can charge a processing fee in the amount of EUR 10.00. The User is at liberty to prove that damages were not suffered or were substantially lower.
8.6 There is no entitlement to restoration of deleted information.
8.7 Infernum secures its systems against a virus attack. Nevertheless, a virus attack can never be completely excluded. Moreover, it can occur that unjustified third parties send e-mails by using the name of Infernum without the consent of Infernum, which for example contain viruses or so-called Spyware or link to web contents, which contain viruses or Spyware. Infernum has no influence on this. The Users should therefore check all incoming e-mails, which have been sent under the name of Infernum for a virus attack. This shall also apply to e-mails from other users.
8.8 Infernum is not responsible for damages or data losses which can be suffered on the Users’ computers through the installation of software, which does not stem from Infernum.
8.9 The Users undertake to maintain strict secrecy concerning the access data received for the access to the Games (login data, codes, etc.) and not to disclose these to any third parties unless Infernum has previously approved the assignment of the account in writing. The Users undertake not to use the account, the registration name or the code of another User under any circumstances without authorization. If a third party uses an account after it has obtained the access data, because the User has not sufficiently secured this against third party access the User must allow himself to be treated in the manner as if he had acted himself.
8.10 The Users undertake to inform Infernum immediately as soon as they gain knowledge that unauthorized third parties have knowledge of their access data. Infernum points out that codes are to be changed regularly for security reasons.
8.11 In the event of a justified suspicion that access data became known to unauthorized third parties Infernum is entitled, however not obliged, for security reasons at its free discretion to independently change the access data without prior notification or to block the use of the account. Infernum shall inform the justified User hereof immediately and upon request inform of the new access data within a reasonable period of time. The User is not entitled to have the original access data restored.
8.12 Infernum shall as a rule communicate with the Users by e-mail insofar as not otherwise determined by these General Business Terms or agreements otherwise with the Users. These must therefore ensure that e-mails which are sent by Infernum reach them at the e-mail address entered by the User during the registration or subsequently notified to Infernum. They shall ensure this among others by corresponding settings of the spam filter and check this e-mail address regularly. Incidentally, Infernum reserves the right to choose another suitable form of the correspondence.
§ 9 Condition/defects
9.1 Infernum shall make the access to the Games available to the Users in the respective existing version. The Users are not entitled to the maintenance or establishment of a certain condition/scope of functions of the Games and/or the additional services. The Users are aware that the Games and the additional services – as all software – can never be completely free of faults. Therefore, the Games as well as the additional services shall only be deemed as faulty if the ability to play these or their use is seriously and sustainably disturbed.
9.2 The Users always have to document possible occurring defects to the Games or other services or deliveries of Infernum in an informative manner and in particular to submit fault reports made and recorded in writing. Before reporting a possible fault the Users have to consult the game or service instructions and if applicable other aids made available by Infernum in order to remedy the problem (in particular lists with frequently asked questions, discussion forums relating to problems). The Users undertake to make every effort to support Infernum in case of a possible remedy of defects.
9.3 The Users have to report defects to Infernum in writing immediately after they are discovered. In the event of obvious defects, these are to be reported to Infernum within two weeks after receipt of the goods – also virtual goods – or other service. The timely despatch or report of defects is sufficient to safeguard the deadline. After the expiry of the deadline with the report of a defect, the assertion of the claim for defects is excluded with regard to obvious defects. For the purpose of securing evidence it is recommended to send all reports of defects to Infernum in writing (by fax, letter or e-mail).
9.4 Excluded from the warranty are principally those faults which are caused by external influences, operating errors for which the Users are responsible, force majeure or changes or other manipulations not carried out by Infernum.
9.5 Guarantees within the legal sense are not assumed by Infernum.
§ 10 Liability
10.1 Insofar as Infernum provides services free of charge Infernum shall in no way be liable for damages caused otherwise than gross negligently or by wilful intent.
10.2 Insofar as Infernum requests a fee for services Infernum shall be liable in case of wilful intent and gross negligence to an unlimited extent. In case of slight negligence Infernum shall only be liable in the event of the breach of essential contractual obligations or the breach of a guarantee. To be understood under essential contractual obligations, also so-called cardinal duties within the meaning of the case law, are those duties which only make the proper execution of the contract possible at all and upon the satisfaction of which the user may rely.
10.3 The afore-mentioned restrictions to liability shall not apply to the liability in case of the injury to life, body and health or in the event of the assumption of a guarantee by Infernum. The liability of Infernum according to the Product Liability Act as well as in the field of application of § 44a TKG remains unaffected.
10.4 The obligation for compensation is respectively limited to the foreseeable damages in case of the breach of essential contractual duties. This amounts to EUR 50.00 per account.
10.5 The afore-mentioned liability exclusions or restrictions shall also apply with regard to the liability of the employees, workers, representatives and vicarious agents of Infernum, in particular for the benefit of the shareholders, employees, representatives, bodies and their members, which relates to their personal liability.
10.6 Infernum shall only be liable for advice insofar as the question relates to one of its Games.
10.7 A change to the burden of proof for the disadvantage of the User is not associated with the afore-mentioned regulations.
§ 11 Industrial property rights and copyrights
11.1 The contents of the respective websites and the Games are the exclusive property or exclusive ownership of rights of Infernum or the respective licensor. The illicit distribution, reproduction, exploitation or otherwise infringement of the industrial property rights and copyrights of Infernum shall be prosecuted under civil and/or criminal law.
11.2 All rights to the information entered by the User shall remain with him. By entering information in the platforms of the Games the User grants Infernum a non-exclusive licence which can be freely revoked at all times in order to make these contacts publicly accessible to third parties on the platforms of the Games worldwide. Infernum has no further rights of use to the information entered by the User. The licence shall lapse if the User deletes the contents set by him from the platforms of the Games.
§ 12 Third party contents /responsibility
Infernum shall make a platform for the communication available to the Users through which they can communicate with each other. The Users are personally responsible for the contents of this communication as well as all other contents which are published by Users on the homepage. The contents concern third party contents for Infernum within the meaning of § 8 Par. 1 Telemedia Act (TMG). These contents shall exclusively express the personal opinion of the respective User. Infernum neither adopts the contents nor does Infernum agree to such contents. The same shall apply to contents which in any way infringe rights of third parties. Breaches can lead to the immediate deletion or blocking of the contents and/or of the account and to the termination of the User. Insofar as links to other sites operated by third parties are provided on the platform Infernum is not responsible for the contents of the linked sites. Infernum shall not control these sites and explicitly distances itself from their contents. Should contents be reported to Infernum which infringe rights Infernum shall exercise its rights to deletion and remove these immediately.
§ 13 Termination and contractual term
13.1 Indefinite Term
The contracts between the User and Infernum are concluded for an indefinite period of time insofar as not otherwise agreed. Both parties have the right to end the contract at any time with three days’ notice, provided that the parties have not agreed to a limited term.
If both parties have an indefinite term subscription contract with one another, then both parties have the right to terminate the contract up to the 15th of each month effective for the end of the month in question.
13.2 Specific Term
If the User and Infernum have agreed to a subscription contract, then the contract is valid for the period referred to within the contract, e.g. 1 month, 3 months, 6 months, 12 months. The subscription contract is automatically extended for the same period of time once it has come to an end, unless the User cancels the contract by providing two (2) weeks’ notice before the end of the contract.
If the User cancels the contract according to 13.1 or 13.2, then any contract services not yet used by the User expire.
13.3 The right of the parties to the extraordinary termination for an important reason at all times shall remain unaffected by the afore-mentioned regulations. Infernum is in particular, however not exclusively, entitled to termination for an important reason if
a. the User culpably breaches laws, these General Business Terms, the rules and/or regulations for use for additional services and despite a warning repeatedly does not behave properly in the same or similar manner
b. the User is in default with the payment of the fees with an amount of at least EUR 10.00 and does not pay despite two reminders
c. the User has not used his account for three months despite a reminder.
13.4 In case of serious breaches an immediate termination is possible without this requiring a prior warning. A serious breach is a breach with which the adherence to the contract cannot be deemed reasonable for Infernum. An adherence to the contract cannot be deemed reasonable for Infernum as a rule in the following cases:
a. If the User violates criminal laws
b. If the User uses a Game in an admissible manner (see § 6 above)
c. If the User breaches the ban on Multiaccounts (see § 4, Subclause 4.5 above)
d. If the User provides false data during the registration (cf. § 4 above) or when paying for services which are liable to costs (cf. § 7).
13.5 If Infernum is responsible for the extraordinary termination, the following will apply:
a) if the User has paid in advance for the use of virtual objects and/or additional functions beyond the period of termination, the considerations shall be reimbursed to the User pro rata for the period of time between the point of termination and the next possibility for proper notice of termination.
b) if the User still has virtual currency on his account at his disposal Infernum will credit this virtual currency to another game of Infernum to be chosen by the User or will permit the usage of virtual currency of corresponding value for another game of Infernum. Reimbursement in cash is excluded unless the credit for another game of Infernum can –under consideration of the mutual interests- not be expected of the User.
Further claims of the User are excluded in this respect insofar as these General Business Terms do not determine otherwise.
13.6 Infernum is entitled to a special right of termination with regard to the accounts for individual Games for the event that Infernum loses the entitlement to operate the respective Game, e.g. owing to the termination of the relevant licence agreement between Infernum and the respective licensor. In this case Infernum can terminate all contracts referring to the operation and the use of the Game (e.g. use contract, contract concerning the making available and use of virtual currency, virtual objects and/or the additional functions) at the time of discontinuation of the playing operation. Other rights of termination remain unaffected hereby. Clause 13.5 applies accordingly.
13.7 Each termination has to be made in writing whereby the written form is also safeguarded by e-mail. The reasons for the extraordinary termination are to be notified immediately in writing upon request in case they are not already contained in the letter of termination. An ordinary termination does not require any reasons for termination.
§ 14 Data protection
Infernum processes and uses the data of the Users collected upon conclusion of the contract and within the framework of the use of the offer which are necessary for the proper satisfaction of the contract according to the relevant provisions under data protection law. The provisions of the general data protection declaration of Infernum shall apply (see link).
§ 15 Amendments to the General Business Terms
15.1 Infernum reserves the right to amend or to extend these business terms at all times with effect for the future insofar as this appears necessary and these do not pose a disadvantage for the User in good faith. A change can in particular be necessary in order to make adjustments to a change to the legal position or to reflect changes to the scope of services and/or the additional services with regard to the Games due to further developments. Newly pronounced court decisions shall also be deemed as change to the legal position.
15.2 An amendment or supplement shall be announced at least two weeks before the entry into force in the suitable manner in a text form. As a rule the reference to amendments to the General Business Terms shall be referred to by publication by e-mail or on the website of the Games in any case however with the next log-in of the User to a Game.
15.3 The User is entitled to object to an amendment or supplement towards Infernum within one month after publication and possibility of the acknowledgement. In the event of a timely objection both parties are entitled to terminate the contract according to the termination regulations of this contract. Other rights of termination remain unaffected hereby. Further claims of the User are excluded. If the User does not object within the period for objection or if he continues to use the services after this time, the amendment or supplement shall be deemed as accepted and shall become a part of the contract.
15.4 Infernum shall particularly point out the possibility of the objection and the termination, the deadline and the legal consequences to the User in the notification about the amendments to the General Business Terms in particular with regard to an omitted objection.
§ 16 Final provisions
16.1 If one party delays, waives or refrains from asserting its rights within the framework of these General Business Terms or if it grants the other party deadlines, this shall not impair the existence of the respective right.
16.2 For the event that the User relocates its place of residence or customary place of stay from the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction is Berlin. This shall also apply if the place of residence or customary place of stay of the User is not known at the time of a possible filing of an action.
16.3 The law of the Federal Republic of Germany shall apply exclusively to contracts concluded based on these General Business Terms and thus associated claims under the exclusion of the provisions concerning the standard UN Convention on the International Sale of Goods.
16.4 Should individual provisions of these General Business Terms be or become invalid, this shall have no effect on the validity of the other provisions.
16.5 Amendments and addendums to the contract for use as well as collateral agreements require a written form. This shall also apply to an amendment to the written form requirement.
Berlin, 11.07.2012
An offer of:
Infernum Productions AG
Alt-Moabit 91B
10559 Berlin
Tel.: +49 (0)30 577 01 20 - 0
Fax: +49 (0)30 577 01 20 - 99
E-Mail: contact@infernum.com
Web: www.infernum.com
Management Board entitled to representation: Andreas Weidenhaupt (CEO), Thomas Illy (CRO/CFO)
Court of registration: County Court Berlin-Charlottenburg
Register number: HRB 124717 B
§ 1 Field of application
1.1 Infernum shall exclusively provide all services and additional services, associated with the offered Games based on these General Business Terms (hereinafter referred to as “General Business Terms” [Abbreviation in German: AGB]).
1.2 The validity of possible General Business Terms of the users is hereby explicitly objected to. Possible General Business Terms of the Users shall only become a part of the contract if these have been explicitly approved by Infernum in writing.
1.3 The rules and pre-requisites for participation of the respective Games are published on their homepages. The User also recognises these rules and pre-requisites for participation as binding with his participation.
1.4 The Users are not entitled to assign their rights from this contractual relationship to third parties. Another regulation shall only apply if Infernum has approved this in writing in advance.
1.5 Questions which may be raised in connection with services of third parties (for example Internet service providers) are not affected by these General Business Terms.
§ 2 Description of the offered service
2.1 Infernum enables the Users to participate in the Games and the additional services offered in this context within the framework of the existing technical and operational possibilities.
2.2 In order to play the Games the User must, depending on the Game, connect to the respective server of the Game by means of a client, an application or only the browser. Infernum shall make the Game servers available which are necessary for the Games as well as put the applications and clients online for use or for downloading.
2.3 The User is responsible for keeping his PC in a condition which allows the use of the Games. In addition, it is above all necessary that the PC of the User satisfies the minimum system pre-requisites of the respective Game and has a sufficiently quick Internet connection.
2.4 The Games can be used free of charge in the respective basic version. However, Users have the possibility to acquire virtual currency or other additional services for the Game from Infernum against payment. The virtual currency can among others be exchanged for virtual objects and/or other additional functions (for the payment modalities see § 7). The respective functions, pre-requisites and prices will respectively be pointed out separately to the User before their use in the respective Game or on the website of Infernum. Neither virtual currency nor virtual objects represent objects within the meaning of § 90 BGB [German Civil Code]. Therefore, Infernum shall not assign any ownership hereto to the Users, but merely a right of use. The scope and the duration of the granted right of use depend on the respective virtual objects or the virtual currency.
2.5 The Games offered by Infernum are constantly further developed, updated and modified. This is to offer the Users fun while playing for as long as possible. Therefore Users are always only entitled to participate for the respective current version of each Game. Infernum reserves the right to suspend, restrict or to change the operation of individual Games or individual features of the Games in full or in part at all times without stating any reasons.
2.6 Infernum guarantees an annual average availability of 90% for each Game. Excluded from this are times in which the servers are not available via the Internet for the respective Games owing to technical or other problems which are beyond the control of Infernum (e.g. force majeure, fault of third parties, etc.), as well as times in which routine service work is carried out. The liability of Infernum for a non-availability of the servers in case of wilful intent and gross negligence remains unaffected. The access to the services can be limited by Infernum if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious interferences to either the network, the software or stored data require this.
§ 3 Users entitled to take part
3.1 The offer of the Games is exclusively oriented to consumers within the meaning of § 13 BGB [German Civil Code]. A consumer is each natural person who concludes a legal transaction for a purpose which can neither be attributed to its commercial nor its self-employed activity.
3.2 Entitled to participate are only persons who have either attained the age of 18 or whose legal guardians have approved the use.
3.3 The User assures with the registration for participation in a Game that he is of the age of consent and has the capacity to conclude legal transactions. If the User is a minor, he assures the existence of the consent of his legal guardian. Infernum is entitled to request a written proof that the User is of the legal age of consent at all times or of the declaration of consent of his legal guardian.
3.4 A use of the Games for commercial purposes is not permitted. The participation in the Games solely serves for entertainment.
§ 4 Conclusion of contracts
4.1 The prior registration and creation of a member account (hereinafter referred to as “Account”) is necessary for the participation in a Game. The necessary registration of a User is carried out either online by completing a registration form on the website of the respective Game, directly on the website of Infernum or via the registration through a social network, such as e.g. through Facebook Connect.
4.2 In addition the User must accept these General Business Terms by clicking on a checkbox over the course of the registration. The General Business Terms can be printed out before the registration form is sent by the User or stored on a permanent data carrier.
4.3 All fields marked “mandatory” in the registration form must be completed by the User. The User must provide all details correctly in the registration form, no matter whether voluntarily or necessary. He must enter an own e-mail address when registering under which he can actually be contacted.
4.4 By sending his registration, the User submits an offer towards Infernum for the conclusion of a contract for use. However, no contract is concluded hereby yet, but only with the acceptance of the user application by Infernum. Infernum shall confirm the receipt of the user application by electronic means to the e-mail address stated by the User. This does not yet represent any acceptance of the user application. An acceptance of the user application can however be connected with the confirmation of the receipt if this is explicitly carried out. In addition, the acceptance can also be carried out explicitly outside of the confirmation of receipt or by the first act of fulfilment of the contract by Infernum. There is no entitlement to conclusion of a contract to set-up an account, to participate in the Games or to use their additional services.
4.5 Each user may only open and use one account per Game. The opening of several accounts for the same Game by the same User (so-called “Multiaccounts”) is prohibited. This is an essential contractual duty and a breach hereof shall entitle Infernum to the immediate termination of all accounts of the User without notice (see Subclause 13.4).
4.6 With his registration or later the User chooses a member name under which he is kept as co-player. Member names with pornographic, racist contents, with hate-inciting contents, which glorify war or violence, insulting or other unlawful contents are prohibited. A breach entitles Infernum to block the User immediately and/or to terminate the User without notice in case a blocking is not sufficient owing to the seriousness of the breach (see Subclause 8.4).
4.7 The User may not assign his account to third parties without the prior written consent of Infernum. An assignment against payment, thus a sale of the account, is always inadmissible.
4.8 If payments are to be made for services over a certain time period, then the User agrees to a subscription contract with Infernum, which is automatically extended unless the User cancels the contract within the time period listed in 13.1 and 13.2 The length of the subscription is listed in the rules for the relevant game or relevant service.
§ 5 INSTRUCTIONS ON RIGHT TO REVOCATION
You can revoke your contractual declaration in a text form (e.g. letter, fax, e-mail) within one month without stating any reasons. The deadline shall begin after receipt of these instructions in a text form, however not before the conclusion of the contract nor before satisfaction of our information obligations according to Article 246 § 2 in conjunction with § 1 Par. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our duties according to § 312g Par.1 Sentence 1 BGB [German Civil Code] in conjunction with Article 246 § 3 EGBGB. The timely sending of the revocation is sufficient in order to safeguard the deadline for revocation. The revocation is to be sent to:
Infernum Productions AG
Alt-Moabit 91B
10559 Berlin
Fax: +49 (0)30 577 01 20 - 99
E-Mail: contact@infernum.com
Consequences of revocation
In the event of an effective revocation the services received by both parties are to be returned and any drawn benefits (e.g. interest) to be handed over. If you cannot return the received service to us in full or in part or only in a deteriorated condition you must if applicable accordingly reimburse us the value. This can lead to the fact that you nevertheless will have to satisfy the contractual payment obligations for the period of time until the revocation.
Obligations for the reimbursement of payments have to be satisfied within 30 days. The deadline shall begin for you with the sending of your declaration of revocation, for us with its receipt.
Special reference: Your right to revocation shall lapse prematurely if the contract has been satisfied in full by both parties at your explicit request before you have exercised your right to revocation.
End of the instructions on right to revocation
§ 6 General terms and conditions of use
6.1 The Games are only provided within the framework of a use as per contract. Registered Users can connect themselves to a server under their login and their personal code or -if provided- using external authorisation methods (e.g. Facebook Connect). The automatic creation or log-in to game accounts is not permitted. Exclusively the official clients and applications or websites provided by Infernum may be used for the connection with the servers.
6.2 The User is not entitled to use measures, mechanisms or software in connection with the website, the client, the application or other software provided by Infernum which may disturb the function and the progress of the game. The User may not take any measures which may result in an unreasonable or excess load for the technical capacities of Infernum. The User is in particular not permitted to block, write over or to modify contents generated by Infernum insofar as this has not been explicitly permitted by Infernum in writing.
6.3 The User is not permitted to add elements to the Game software or to change, to delete or modify in any other form elements of the Games software without the prior explicit written consent by Infernum. The User is in particular not permitted to copy, to remove or otherwise use graphical elements or to try to decode the source code of the software.
6.4 A use of the Games for commercial or illegal purposes is not permitted.
6.5 The User may not carry out or have others carry out, use or apply any software or hardware-based application of third parties which enables him to influence the status of the Game or the progress of the Game or to receive services which he could otherwise only acquire liable to payment of a fee. Therefore, the User is in particular prohibited from procuring services which are liable to costs or other benefits, such as for example the systematic or automatic control of the Game or individual game functions by using software of third parties or other applications (in particular so-called “Bots”, “Hacks” or “Cheats”).
6.6 The User is explicitly prohibited from selling, purchasing, letting, renting, offering, accepting, distributing or reproducing virtual objects or the virtual currency during and/or outside of the Games – no matter in which form – to third parties if no counter-value or a counter-value exclusively in the form of other virtual objects or virtual currency is requested for the same Game. If virtual currency or virtual objects are traded or exchanged in the Games without a comparable counter-value being provided within the Game a breach of this Subclause 6.6 shall be presumed. The User is entitled to provide evidence to the contrary.
6.7 The Users are further obliged to comply with the statutory provisions with all uses of the Games. They are in particular prohibited from distributing contents of all kinds and in any form with a pornographic, racist, insulting reference or reference which glorifies violence, war or any other unlawful reference as well as contents which are suitable for infringing rights of third parties. The User is also prohibited from distributing commercial advertising for products or programmes of third parties or in any unauthorized manner works of third parties, which are protected by copyright or by other rights, in the Games.
§ 7 Payment processing
7.1 Infernum grants the Users the possibility to receive virtual currency against payment of a fee, which can be exchanged for virtual objects and/or additional functions, which are not available in the Games in their free basic version and/or have to be won by playing. It can also be made possible for the Users, depending on the Game, to use other additional services (e.g. change of server, Ingame-name changes) against the payment of a fee. The type, function and price of the individual virtual objects and additional functions shall be announced to the Users in the respective Game or partly also on the website of Infernum before their use. The offered virtual objects and additional functions which are liable to costs make it possible to use certain additional functions over certain periods of time in compliance with the rules of the respective Game.
7.2 Owing to the constant further development of the Games Infernum reserves the right to offer new additional functions and/or virtual objects and/or to remove these from the offer, to change these or to make these available in the free basic version. Insofar as the User has already made payments for virtual objects and/or additional functions for a future period of time and can no longer use these for the afore-mentioned reasons or they are also made available in the free basic version Infernum shall, at the choice of the User, alternatively offer other virtual objects and/or additional functions for the Game and/or reimburse the paid amount pro rata to the User. In these cases the User is at liberty to terminate the contract with immediate effect. Further claims of the User in this respect are excluded.
7.3 The fees for virtual currency or additional services are due and payable in advance with the final confirmation of the order by Infernum or a payment service provider used by Infernum for the User. The due payments shall as a rule be debited from the bank account stated by the User or via credit card or made using suitable payment systems.
7.4 Infernum is entitled to reduce the prices for virtual currency, virtual objects and/or additional functions permanently or for a limited period of time and to offer new products, services or settlement modalities permanently or for a limited period of time. The User will be informed of price changes to their subscription via email. The price changes are considered accepted unless the User objects to the change in whole or in part via letter or email within four weeks of receiving written notification of the price change. Infernum must inform the User of the consequences of not objecting to the changes within the email.
7.5 In the event of default Infernum is entitled to request interest on default in the statutory amount, to suspend the services and to block the account of the User immediately. The User will not be charged for subscriptions belonging to a blocked account for as long as the account remains blocked.
7.6 Should return debit charges be incurred to Infernum through a fault of the User or by insufficient coverage on the account for which the User is responsible and/or cancellation fees by the subsequent cancellation of direct debits the User shall bear the thus incurred costs. Infernum is entitled to request these costs together with the original fee from the User’s account by a repeated debit. If the fees are paid by direct debit or credit card collection and if return debit notes are incurred then Infernum shall charge a processing fee in the amount of EUR 9.00 per direct debit / credit card collection plus the bank charges incurred for Infernum insofar as the User does not prove lower damages.
7.7 A compensation by the User is only possible against undisputed counter-claims or counter-claims which have been declared final and binding against Infernum. The User can only exercise a right of retention if his counter-claim is based on the same contractual relationship. An assignment of his claims against Infernum to third parties is excluded.
7.8 Infernum can also additionally offer the User alternative payment methods with which the User uses the services of third parties and which can require other considerations than monetary payments. If the User uses services of third parties hereby corresponding contracts shall also accordingly be concluded additionally between the User and the third party. The General Business Terms of these third parties can possibly be included in such contracts with third parties. Infernum has no direct influence on their contents and as a rule no knowledge thereof either.
§ 8 Duties and responsibilities of the Users
8.1 The main service obligation of the User is the payment of a possibly incurred fee. A further main service obligation of the User is the duty to give the correct and full details of data, which Infernum enquires from the User upon conclusion of the contract or during the progress of the contractual relationship. The User assures therefore that the personal details provided by him and other circumstances which are relevant for the contract (in particular bank details and credit card number) within the framework of the contractual offer or the conclusion of the contract or during the progress of the contractual relations are complete, correct and legally allowed.
8.2 The Users are aware that they play together with numerous other users in the Games or communicate with various users through the additional services. In order to ensure a successful interaction it is necessary to comply with rules. The Users recognise the rules and pre-requisites for the participation in the Games as binding. The Users will follow the instructions of Infernum, represented by the game management. The Users shall also incidentally refrain from everything which disturbs the operation of the games and the additional services and the successful interaction. The User in particular undertakes not to contribute and/or send any contents with unlawful or immoral contents into the Games. These in particular include contents which incite to racial hatred, glorify violence, are suitable for seriously endangering the morals of children or youths or impairing their welfare and can harm the reputation of Infernum. The User may not refer to offers with such contents either.
8.3 In case of infringements of the User of Subclause 8.2 Infernum is entitled to delete the information entered by the User itself. Infernum is also entitled to delete entered information if there are concrete indications for a breach of these General Business Terms, the rules or pre-requisites for participation or if the entered information is otherwise unlawful.
8.4 In case of infringements of the User, Infernum – in addition to the right to termination – is entitled to temporarily block the access of the User to his account after prior warning and threat of blocking. A warning with threat of blocking is not necessary if there are special circumstances which, by weighing up the mutual interests, justify the immediate blocking of the access. The User shall be informed about the reason for the blocking by Infernum. The same shall apply in the event of an improper credit card use, use of incorrect credit card information as well as providing incorrect data in the event of the participation in the direct debit procedure. The blocking of the access includes that all contents and information which stem from the excluded User may be removed from the database and from the websites by Infernum immediately.
8.5 In case of a justified blocking of the access Infernum can charge a processing fee in the amount of EUR 10.00. The User is at liberty to prove that damages were not suffered or were substantially lower.
8.6 There is no entitlement to restoration of deleted information.
8.7 Infernum secures its systems against a virus attack. Nevertheless, a virus attack can never be completely excluded. Moreover, it can occur that unjustified third parties send e-mails by using the name of Infernum without the consent of Infernum, which for example contain viruses or so-called Spyware or link to web contents, which contain viruses or Spyware. Infernum has no influence on this. The Users should therefore check all incoming e-mails, which have been sent under the name of Infernum for a virus attack. This shall also apply to e-mails from other users.
8.8 Infernum is not responsible for damages or data losses which can be suffered on the Users’ computers through the installation of software, which does not stem from Infernum.
8.9 The Users undertake to maintain strict secrecy concerning the access data received for the access to the Games (login data, codes, etc.) and not to disclose these to any third parties unless Infernum has previously approved the assignment of the account in writing. The Users undertake not to use the account, the registration name or the code of another User under any circumstances without authorization. If a third party uses an account after it has obtained the access data, because the User has not sufficiently secured this against third party access the User must allow himself to be treated in the manner as if he had acted himself.
8.10 The Users undertake to inform Infernum immediately as soon as they gain knowledge that unauthorized third parties have knowledge of their access data. Infernum points out that codes are to be changed regularly for security reasons.
8.11 In the event of a justified suspicion that access data became known to unauthorized third parties Infernum is entitled, however not obliged, for security reasons at its free discretion to independently change the access data without prior notification or to block the use of the account. Infernum shall inform the justified User hereof immediately and upon request inform of the new access data within a reasonable period of time. The User is not entitled to have the original access data restored.
8.12 Infernum shall as a rule communicate with the Users by e-mail insofar as not otherwise determined by these General Business Terms or agreements otherwise with the Users. These must therefore ensure that e-mails which are sent by Infernum reach them at the e-mail address entered by the User during the registration or subsequently notified to Infernum. They shall ensure this among others by corresponding settings of the spam filter and check this e-mail address regularly. Incidentally, Infernum reserves the right to choose another suitable form of the correspondence.
§ 9 Condition/defects
9.1 Infernum shall make the access to the Games available to the Users in the respective existing version. The Users are not entitled to the maintenance or establishment of a certain condition/scope of functions of the Games and/or the additional services. The Users are aware that the Games and the additional services – as all software – can never be completely free of faults. Therefore, the Games as well as the additional services shall only be deemed as faulty if the ability to play these or their use is seriously and sustainably disturbed.
9.2 The Users always have to document possible occurring defects to the Games or other services or deliveries of Infernum in an informative manner and in particular to submit fault reports made and recorded in writing. Before reporting a possible fault the Users have to consult the game or service instructions and if applicable other aids made available by Infernum in order to remedy the problem (in particular lists with frequently asked questions, discussion forums relating to problems). The Users undertake to make every effort to support Infernum in case of a possible remedy of defects.
9.3 The Users have to report defects to Infernum in writing immediately after they are discovered. In the event of obvious defects, these are to be reported to Infernum within two weeks after receipt of the goods – also virtual goods – or other service. The timely despatch or report of defects is sufficient to safeguard the deadline. After the expiry of the deadline with the report of a defect, the assertion of the claim for defects is excluded with regard to obvious defects. For the purpose of securing evidence it is recommended to send all reports of defects to Infernum in writing (by fax, letter or e-mail).
9.4 Excluded from the warranty are principally those faults which are caused by external influences, operating errors for which the Users are responsible, force majeure or changes or other manipulations not carried out by Infernum.
9.5 Guarantees within the legal sense are not assumed by Infernum.
§ 10 Liability
10.1 Insofar as Infernum provides services free of charge Infernum shall in no way be liable for damages caused otherwise than gross negligently or by wilful intent.
10.2 Insofar as Infernum requests a fee for services Infernum shall be liable in case of wilful intent and gross negligence to an unlimited extent. In case of slight negligence Infernum shall only be liable in the event of the breach of essential contractual obligations or the breach of a guarantee. To be understood under essential contractual obligations, also so-called cardinal duties within the meaning of the case law, are those duties which only make the proper execution of the contract possible at all and upon the satisfaction of which the user may rely.
10.3 The afore-mentioned restrictions to liability shall not apply to the liability in case of the injury to life, body and health or in the event of the assumption of a guarantee by Infernum. The liability of Infernum according to the Product Liability Act as well as in the field of application of § 44a TKG remains unaffected.
10.4 The obligation for compensation is respectively limited to the foreseeable damages in case of the breach of essential contractual duties. This amounts to EUR 50.00 per account.
10.5 The afore-mentioned liability exclusions or restrictions shall also apply with regard to the liability of the employees, workers, representatives and vicarious agents of Infernum, in particular for the benefit of the shareholders, employees, representatives, bodies and their members, which relates to their personal liability.
10.6 Infernum shall only be liable for advice insofar as the question relates to one of its Games.
10.7 A change to the burden of proof for the disadvantage of the User is not associated with the afore-mentioned regulations.
§ 11 Industrial property rights and copyrights
11.1 The contents of the respective websites and the Games are the exclusive property or exclusive ownership of rights of Infernum or the respective licensor. The illicit distribution, reproduction, exploitation or otherwise infringement of the industrial property rights and copyrights of Infernum shall be prosecuted under civil and/or criminal law.
11.2 All rights to the information entered by the User shall remain with him. By entering information in the platforms of the Games the User grants Infernum a non-exclusive licence which can be freely revoked at all times in order to make these contacts publicly accessible to third parties on the platforms of the Games worldwide. Infernum has no further rights of use to the information entered by the User. The licence shall lapse if the User deletes the contents set by him from the platforms of the Games.
§ 12 Third party contents /responsibility
Infernum shall make a platform for the communication available to the Users through which they can communicate with each other. The Users are personally responsible for the contents of this communication as well as all other contents which are published by Users on the homepage. The contents concern third party contents for Infernum within the meaning of § 8 Par. 1 Telemedia Act (TMG). These contents shall exclusively express the personal opinion of the respective User. Infernum neither adopts the contents nor does Infernum agree to such contents. The same shall apply to contents which in any way infringe rights of third parties. Breaches can lead to the immediate deletion or blocking of the contents and/or of the account and to the termination of the User. Insofar as links to other sites operated by third parties are provided on the platform Infernum is not responsible for the contents of the linked sites. Infernum shall not control these sites and explicitly distances itself from their contents. Should contents be reported to Infernum which infringe rights Infernum shall exercise its rights to deletion and remove these immediately.
§ 13 Termination and contractual term
13.1 Indefinite Term
The contracts between the User and Infernum are concluded for an indefinite period of time insofar as not otherwise agreed. Both parties have the right to end the contract at any time with three days’ notice, provided that the parties have not agreed to a limited term.
If both parties have an indefinite term subscription contract with one another, then both parties have the right to terminate the contract up to the 15th of each month effective for the end of the month in question.
13.2 Specific Term
If the User and Infernum have agreed to a subscription contract, then the contract is valid for the period referred to within the contract, e.g. 1 month, 3 months, 6 months, 12 months. The subscription contract is automatically extended for the same period of time once it has come to an end, unless the User cancels the contract by providing two (2) weeks’ notice before the end of the contract.
If the User cancels the contract according to 13.1 or 13.2, then any contract services not yet used by the User expire.
13.3 The right of the parties to the extraordinary termination for an important reason at all times shall remain unaffected by the afore-mentioned regulations. Infernum is in particular, however not exclusively, entitled to termination for an important reason if
a. the User culpably breaches laws, these General Business Terms, the rules and/or regulations for use for additional services and despite a warning repeatedly does not behave properly in the same or similar manner
b. the User is in default with the payment of the fees with an amount of at least EUR 10.00 and does not pay despite two reminders
c. the User has not used his account for three months despite a reminder.
13.4 In case of serious breaches an immediate termination is possible without this requiring a prior warning. A serious breach is a breach with which the adherence to the contract cannot be deemed reasonable for Infernum. An adherence to the contract cannot be deemed reasonable for Infernum as a rule in the following cases:
a. If the User violates criminal laws
b. If the User uses a Game in an admissible manner (see § 6 above)
c. If the User breaches the ban on Multiaccounts (see § 4, Subclause 4.5 above)
d. If the User provides false data during the registration (cf. § 4 above) or when paying for services which are liable to costs (cf. § 7).
13.5 If Infernum is responsible for the extraordinary termination, the following will apply:
a) if the User has paid in advance for the use of virtual objects and/or additional functions beyond the period of termination, the considerations shall be reimbursed to the User pro rata for the period of time between the point of termination and the next possibility for proper notice of termination.
b) if the User still has virtual currency on his account at his disposal Infernum will credit this virtual currency to another game of Infernum to be chosen by the User or will permit the usage of virtual currency of corresponding value for another game of Infernum. Reimbursement in cash is excluded unless the credit for another game of Infernum can –under consideration of the mutual interests- not be expected of the User.
Further claims of the User are excluded in this respect insofar as these General Business Terms do not determine otherwise.
13.6 Infernum is entitled to a special right of termination with regard to the accounts for individual Games for the event that Infernum loses the entitlement to operate the respective Game, e.g. owing to the termination of the relevant licence agreement between Infernum and the respective licensor. In this case Infernum can terminate all contracts referring to the operation and the use of the Game (e.g. use contract, contract concerning the making available and use of virtual currency, virtual objects and/or the additional functions) at the time of discontinuation of the playing operation. Other rights of termination remain unaffected hereby. Clause 13.5 applies accordingly.
13.7 Each termination has to be made in writing whereby the written form is also safeguarded by e-mail. The reasons for the extraordinary termination are to be notified immediately in writing upon request in case they are not already contained in the letter of termination. An ordinary termination does not require any reasons for termination.
§ 14 Data protection
Infernum processes and uses the data of the Users collected upon conclusion of the contract and within the framework of the use of the offer which are necessary for the proper satisfaction of the contract according to the relevant provisions under data protection law. The provisions of the general data protection declaration of Infernum shall apply (see link).
§ 15 Amendments to the General Business Terms
15.1 Infernum reserves the right to amend or to extend these business terms at all times with effect for the future insofar as this appears necessary and these do not pose a disadvantage for the User in good faith. A change can in particular be necessary in order to make adjustments to a change to the legal position or to reflect changes to the scope of services and/or the additional services with regard to the Games due to further developments. Newly pronounced court decisions shall also be deemed as change to the legal position.
15.2 An amendment or supplement shall be announced at least two weeks before the entry into force in the suitable manner in a text form. As a rule the reference to amendments to the General Business Terms shall be referred to by publication by e-mail or on the website of the Games in any case however with the next log-in of the User to a Game.
15.3 The User is entitled to object to an amendment or supplement towards Infernum within one month after publication and possibility of the acknowledgement. In the event of a timely objection both parties are entitled to terminate the contract according to the termination regulations of this contract. Other rights of termination remain unaffected hereby. Further claims of the User are excluded. If the User does not object within the period for objection or if he continues to use the services after this time, the amendment or supplement shall be deemed as accepted and shall become a part of the contract.
15.4 Infernum shall particularly point out the possibility of the objection and the termination, the deadline and the legal consequences to the User in the notification about the amendments to the General Business Terms in particular with regard to an omitted objection.
§ 16 Final provisions
16.1 If one party delays, waives or refrains from asserting its rights within the framework of these General Business Terms or if it grants the other party deadlines, this shall not impair the existence of the respective right.
16.2 For the event that the User relocates its place of residence or customary place of stay from the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction is Berlin. This shall also apply if the place of residence or customary place of stay of the User is not known at the time of a possible filing of an action.
16.3 The law of the Federal Republic of Germany shall apply exclusively to contracts concluded based on these General Business Terms and thus associated claims under the exclusion of the provisions concerning the standard UN Convention on the International Sale of Goods.
16.4 Should individual provisions of these General Business Terms be or become invalid, this shall have no effect on the validity of the other provisions.
16.5 Amendments and addendums to the contract for use as well as collateral agreements require a written form. This shall also apply to an amendment to the written form requirement.
Berlin, 11.07.2012
An offer of:
Infernum Productions AG
Alt-Moabit 91B
10559 Berlin
Tel.: +49 (0)30 577 01 20 - 0
Fax: +49 (0)30 577 01 20 - 99
E-Mail: contact@infernum.com
Web: www.infernum.com
Management Board entitled to representation: Andreas Weidenhaupt (CEO), Thomas Illy (CRO/CFO)
Court of registration: County Court Berlin-Charlottenburg
Register number: HRB 124717 B