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General Terms of Use of gamigo AG
gamigo AG (hereinafter known as “gamigo”) provides a range of online games and related services and goods on the Internet. These services include, among other things, the creation of a profile page, participation in forums, the ability to post media content such as images and texts and/or other services. Participants in the games and users of the services provided by gamigo and those who order goods from gamigo are hereinafter known as “users”. Where these general terms of use refer to “websites”, “games”, “software”, “support”, “online shop”, “goods” or “services” this shall mean the websites, games, support, online shop and services provided by gamigo. If these general terms of use refer in general to “services”, in any cases of doubt this shall mean all the services offered and provided by gamigo.
A. General
1. Acknowledgment of and amendments to the general terms of use
1.1 gamigo shall provide its games and the software for these for use on a personal computer and shall provide its services and any goods for ordering based on the general terms of use set out herein.
1.2 The general terms of use are found on the websites showing the services offered by gamigo, can be downloaded or printed from there, and shall be an integral part of any contract between a user and gamigo as described in No. A 4 below.
1.3 gamigo shall provide services to users exclusively on the basis of these general terms of use. The user’s general terms of use shall expressly not be part of the contract unless gamigo expressly consents to them in writing.
1.4 gamigo reserves the right to amend or add to these general terms of use at any time in the future if this is deemed necessary (for example to take account of changes to the services or to the legal regulations that apply to them, such as from new laws or new legal precedents) and such amendments or supplements do not disadvantage users in breach of good faith.
1.5 Amendments to the general terms of use shall be notified by suitable means in writing. Generally, such notifications shall be made by publication on the websites on which gamigo provides its services or by e-mail. The user shall be made aware of any amendments to the general terms of use, in any event the next time he logs into the system, after the amendment has been made in the form of a highlighted notice.
1.6 The user may reject the amendments to the general terms of use within four (4) weeks of their notification and having had an opportunity to review them. If the user does not reject the amended terms within this period of four weeks after notification and having had an opportunity to review them in writing to gamigo or if the user continues to use the services, the amended or supplemented terms shall become applicable to him. If the user rejects them within the deadline, both parties shall be entitled to give one month’s notice to terminate the contract unless an immediate right of termination exists pursuant to No. B I 2. The original general terms of use shall continue to apply until the contract is terminated. Any payments made before the notice period shall, in this case, be reimbursed proportionally to the user. The user shall not be entitled to any other claims.
1.7 gamigo shall inform the user separately in its notification about the amendments to the general terms of use of the possibility to reject them and terminate the contract, the notice period and the legal consequences, in particular those relating to a failure to lodge such a rejection.
2. Subject of the general terms of use and payments
2.1 The general terms of use set out below regulate the services provided by gamigo, including the purchase of goods. The services can be used on a personal computer on the Internet using a DSL connection or other equivalent connection. These general terms of use do not regulate any matters relating to accessing the Internet or software provided by third parties (such as browsers, social networks or platforms, access software and operating systems) since these services are not provided by gamigo.
2.2 The prices at the time of ordering as set out on gamigo’s websites and in the appropriate shopping carts shall apply. Other prices that may appear on sites which are loaded from cache may not be up-to-date and are invalid. gamigo's prices are quoted inclusive of value-added tax from the place of consignment unless expressly agreed to or quoted otherwise in writing. The cost of shipping and handling shall be quoted separately before the order process has been completed. In the event of spelling, printing or calculation errors on gamigo’s website or in price quotes, gamigo shall be entitled to withdraw from the contract.
2.3 If the user exercises his right to cancel (see No. A 5), the user must pay the standard costs for returning the goods if these were as ordered and if the price of the goods being returned does not exceed the amount of EUR 40.00 including VAT or, if the cost of the goods exceeds the above amount, if the user has not paid for the goods in full or paid a contractually agreed upon installment by the time of cancellation.
2.4 In the event that the user does not accept the ordered goods or that a third party contracted by gamigo is unable to deliver the ordered goods on several occasions for reasons for which the user is not responsible and the user is then in default with accepting the goods, gamigo shall be entitled to make a charge of EUR 19.90 (including VAT) to cover expenses incurred. The user shall be permitted to prove that gamigo suffered no or considerably lower expenses. Other claims by gamigo, in particular claims for compensation, shall not be affected.
2.5 gamigo may offer the user an opportunity to choose between different methods of payment. In some cases this may also involve methods of payment which use services provided by third parties. If the user uses the services of third parties, this will also involve the conclusion of additional contracts between the user and the third party. The general terms of use of this third party may be included in such contracts with third parties.
3. Users, minors
3.1 gamigo offers its goods, games and services exclusively to consumers in the sense of § 13 of the German Civil Code (Bürgerliches Gesetzbuch or BGB). The use of the games and services provided by gamigo or the purchase of goods from gamigo for the purposes of earning income or other commercial purposes is prohibited.
3.2 People who are over the age of 18 on the date of registration or whose legal guardian has granted their consent to such use shall be entitled to use the services. The rules of conduct for the various games may state that people under a certain age shall not be entitled to use them even if their legal guardian has granted their consent. By registering for use (see No. A 4), the user gives his express assurance (i) that he or she is of the age of consent and legally capable or (ii), if he is a minor or legally incapable, has the consent of his legal guardian.
4. Contract conclusion
4.1 By clicking on the appropriate button, the user makes a binding offer to conclude a contract (“order”, “accept” or similar) between gamigo and the user for the use of games, service, the purchase of goods and/or other services (hereinafter also known as the “contract”).
4.2 gamigo shall immediately confirm receipt of the order by e-mail (hereinafter known as “confirmation of receipt”). This confirmation of receipt includes all the order data and prices. Confirmation of receipt still does not constitute an effective acceptance of the order to conclude a contract.
4.3 The contract with gamigo shall be concluded if gamigo accepts the order from the user. This shall be in the form of an order confirmation from gamigo sent by e-mail to the user which may be linked to the confirmation of receipt, or by the first fulfillment action by gamigo.
4.4 The order shall be accepted on the proviso that the services or goods ordered are available and that they can be supplied to the user. Goods orders placed by consumers will only be accepted for quantities which would be reasonable for one household.
4.5 The user acknowledges these general terms of use and undertakes to comply with them by actively clicking on the “Accept” (or similar) button before submitting the order. After the user’s order has been accepted by gamigo, these general terms of use shall be an integral part of the contract which has been concluded between the user and gamigo.
5. Right to cancel
The user may cancel his declaration to conclude the game and service usage contract, to order premium features or to order goods from the gamigo online shop in writing (for example by letter, fax or e-mail) within a period of fourteen days without having to cite any grounds. This period shall start on receipt of this information in text form but not before the conclusion of the contract and also not before gamigo has fulfilled its duties of information set out in Article 246 § 2 together with § 1 Para. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and its duties set out in § 312e Para. 1 Sentence 1 of the German Civil Code together with Article 246 Para. 3 of the Introductory Act to the German Civil Code. Prompt dispatch of the letter of cancellation shall suffice to comply with the cancellation deadline.
The letter of cancellation is to be addressed to:
gamigo AG
Behringstr. 16b
22765 Hamburg, Germany
Phone: +49 (0)40-4118850
Fax: +49 (0)40-411885255
E-mail: info@gamigo.com
If the letter of cancellation is sent by e-mail, the subject line must contain the name of the game and the premium features if applicable, and/or the service and the name of the user.
Consequences of cancellation
In the event of the contract being canceled in a valid manner, any services / payments received by either party must be returned and any usage that has already taken place must be paid. This means that any payments already made may not be repaid in full if the user has used the services before canceling the contract.
If the user cannot return the service he has received in full or in part or can only do so in a deteriorated condition, he must compensate gamigo accordingly. This shall not apply to the supply of goods or virtual goods if the deterioration of the goods was exclusively caused by checking them using methods which would be possible for the user in a shop. The user shall in particular be obliged to pay compensation in the event that he transfers the items or virtual goods or if he uses the goods or services in such a way that breaches the principles of civil law (such as those of good faith or unjustified enrichment). In addition, the user may avoid having to make compensation by not using the goods as his own property and not taking any action which could reduce the goods’ value. Goods which can be sent by parcel post are to be returned.
The user must pay the cost of returning the goods if the goods supplied were the goods that the user ordered and if the price of the returned goods does not exceed an amount of 40 euros. Otherwise the return will be free of charge for the user. Goods which cannot be sent by parcel post will be collected from the user. Obligations to reimburse payments must be fulfilled within a period of 30 days. For the user this period shall commence upon dispatch of the declaration of cancellation and for gamigo on receipt of same.
Early expiry and exclusion of the right to cancel
The right to cancel shall expire prematurely for services provided by gamigo if the contract has been completely fulfilled by both parties at the express request of the user before the user has exercised their right to cancel. This may be assumed if the user has used the game or the premium features or the services and has paid for them in full.
The right to cancel shall not apply to remote sales contracts for the supply of goods which have been manufactured to the customer’s specifications or have clearly been tailored to suit personal needs or are not suitable for return due to their properties or which may spoil quickly or whose use by date would be
exceeded by their return.
The right to cancel shall also not apply to remote sales contracts for the supply of audio or video recordings or of software if the seals on the data carriers supplied have been broken by the user.
End of the cancellation policy
6. Restriction of liability
6.1 If gamigo provides services free of charge, gamigo is only liable for compensation (i) in the event of damage caused by gross negligence or malice or (ii) in the event of accepting a guarantee or (iii) in the event of death, physical injury and health impairment or (iv) in the event of liability under the Product Liability Law (Produkthaftungsgesetz).
6.2 If gamigo demands payment for services, gamigo shall accept unlimited liability for compensation in case of malice and gross negligence. In the event of a breach of major contract duties, gamigo shall also accept liability for minor negligence. Major contract duties, also known as cardinal duties in legal precedents, are those duties which are required for the proper fulfillment of the contract and on whose fulfillment the user should be able to rely.
6.3 This shall not apply, however, for liability in the event of death, physical injury and health impairment or in the event that gamigo accepts a guarantee or liability under the Product Liability Law (Produkthaftungsgesetz). This does not affect our liability within the scope of application of § 44a of the German Telecommunications Act (Telekommunikationsgesetz or TKG).
6.4 gamigo shall only be liable for advice if the question relates to one of their games.
6.5 The exclusions and restrictions of liability set out above shall also apply in respect to the liability of staff, employees, workers, representatives and agents of gamigo, in particular in favor of shareholders, employees, representatives, agencies and their members relating to their personal liability.
6.6 The above provisions shall not result in any change to the burden of proof to the detriment of the user.
6.7 gamigo shall only be liable for advice if the question relates to the content of the service offered.
6.8 gamigo expressly distances itself from the contents of all sites to which there are direct or indirect links from the gamigo site. gamigo does not accept any liability for these contents and sites. The owners of these sites shall bear full responsibility for their content.
7. Setting off, retention
7.1 The user shall only be entitled to set off claims against him if his counterclaims have been finalized by a court of law or have been acknowledged by gamigo.
7.2 The user shall only be entitled to exercise a right of retention if his counterclaim is based on the same contract.
8. Copyright
The copyright and any rights derived from it to the supplied software and to image, text, audiovisual and other content shall remain the property of its creator.
9. Data privacy, advertising
gamigo expressly undertakes to protect the privacy of the user. The user can obtain more information about our privacy policy from the page entitled "Privacy Policy".
If the user has disclosed his e-mail address to gamigo as part of the existing customer relationship, gamigo may send him information by e-mail about gamigo or about services similar to those services that the user has already used from gamigo. The user may, of course, revoke this agreement at any time in writing (for example by e-mail) without incurring any costs apart from the cost of sending his revocation (at standard tariffs). In every information bulletin and newsletter sent to him by gamigo, the user shall be given a facility to refuse the receipt of further information and to submit a revocation to this effect.
10. Miscellaneous
10.1 The comments from users on the gamigo AG websites are external contents for gamigo in the sense of § 8 Para. 1 of the German Teleservices Act (Telemediengesetz/TMG) which exclusively reflect the personal view of the user concerned. gamigo is not responsible in any way for this content.
10.2 If any provisions of these general terms of use and/or of the game and/or service usage contract should be or become invalid, this shall not affect the validity of the other provisions.
B. Individual services
I. Use of gamigo games and services
1. Accessibility, scope of service, definitions and other duties of gamigo, game rules and ban on multiple accounts
1.1 gamigo shall guarantee an accessibility level for the games and services of 90% (ninety percent) on average over a period of one year. This shall not include times in which the online game servers of the various games are inaccessible on the Internet as a result of technical or other problems over which gamigo has no control (forces majeures, responsibility of third parties, etc.) and times during which routine maintenance work is being carried out. gamigo's liability for the inaccessibility of its games and services due to malice or gross negligence shall not be affected. gamigo may restrict access to the services if the security of the network operation, the maintenance of the network integrity, in particular the prevention of serious problems on the network, the software or saved data so require. gamigo is not responsible for the availability and functionality of accounts with third-party companies through which the user can access gamigo products. In this case, the user’s rights are determined by the individual agreement and terms between the user and the third party.
1.2 gamigo shall provide the games to the users for use. The scope of use shall include both the game software and access to the site as well as access to the online game servers. Further details of the free basic or test versions, the duty to pay costs outside the basic and test versions and the duty to pay for premium features are set out in No. B I 3.
1.3 The precise game rules are provided on the corresponding website. The user shall be given access to the game by logging in using his or her username and password.
1.4 The games are designed to provide fun for as many players as possible for a lengthy period of time. Like all online games, the games and services shall therefore be updated, adjusted, extended, and amended at irregular intervals. The user shall therefore only gain entitlement to use the relevant game and the services contained in the current version. The user, on the other hand, shall not be entitled to demand a specific status to be provided.
1.5 gamigo shall provide certain information for the services on the relevant game sites and may, for example, enable users to place information on to the network or to create individual personal profiles which can be viewed by game users and service users and third parties.
1.6 The online game software enables the user to play the games within the restrictions of existing technical and organizational possibilities. The websites for the various games contain the current technical and content game requirements, in particular the current rules of conduct. The user is aware that he or she is playing in the game worlds with a large number of other users or communicating with various service users on the game sites. To ensure that all players can play the game together, therefore, certain rules of conduct must be observed. By taking part, the user acknowledges the binding nature of the rules of conduct and the participation requirements of the services.
1.7 gamigo may possibly make a service available in some games which simulates game currencies within the relevant game world. These simulated game currencies are not real money. In particular, changes to the games as described in No. B I 1 may result in the possible uses of these game currencies changing. gamigo hereby distances itself from any exchange of these game currencies into real money.
1.8 gamigo may possibly make a service available to the user in a game world whereby it is possible to purchase virtual goods using the currency simulated in the relevant game world or in the form of premium features using real money. These virtual goods which can be purchased in the game worlds are not „goods“ or „property“ in a legal sense. If the user „purchases“ virtual goods from gamigo, this shall not make the user their owner. gamigo shall only grant the user a restricted license to the goods, for which further details will be provided by gamigo, even if the terminology used may suggest otherwise. Notwithstanding all other agreements and rights from gamigo, a license of this nature will definitely end when the contract between the user and gamigo is terminated, particularly if notice of termination is served on it. The items purchased and remaining game currency shall then become void unless some other agreement has been expressly made.
1.9 Unless specified otherwise by the wording or context used, the term “sell” in relation to the transfer of virtual goods and the simulated currency shall mean the “transfer of a license for the use of the game currency, the virtual goods, items or other contents to another user for which a return service must be provided and which is based on these general terms of use”. Accordingly, the term “purchase” then means “the granting of a license to use the currency, the virtual goods, items or other contents by payment of a return service by another user whereby the scope of the license shall be based on these general terms of use”. The meanings of the terms „purchaser“, „seller“, „sale“ and „purchase“ and similar terms shall be in accordance with the above.
1.10 The account may not be transferred to third parties by the user. Characters that the player creates inside a game may also not be transferred to third parties.
The license to use game currency and virtual goods may only be transferred within the games on the basis of the rules of that game. In particular, any such transfer in return for financial benefits shall not be permitted. This relates to the sale or auction of game currency or virtual goods, for example.
The user shall be expressly prohibited from selling, purchasing, renting, hiring, offering, accepting, distributing or reproducing the game currency, virtual goods or other game items used inside and/or outside the online games (regardless of their form) by means of transactions with third parties unless this is expressly permitted or no return service is demanded or such return service exclusively takes the form of other virtual goods, game items or game currency. If game currency, virtual goods and/or other game items are traded or exchanged on a large scale in the online games without a comparable return service being received in return within the online game, this shall give rise to suspicions of a breach of No. 1.10. The user shall be entitled to provide evidence to the contrary.
A breach of this provision shall entitle gamigo to terminate this contract for an important reason.
1.11 The user is aware that part of the content on the game sites and in the online games is created by users. The user is aware that gamigo and other users have rights to their respective contents under copyright law and other statutory regulations and that these rights are not transferred from gamigo to the user on the basis of registration or use. The user shall be responsible and liable if he breaches the rights that exist to these contents.
1.12 The user may only participate in the games operated by gamigo using a single account (“Ban on multiple accounts”). Further information is set out in the rules of conduct.
1.13 The user may not use or distribute software which changes the game experience or gives the player an advantage over other players (in particular cheats, tools, bots, modifications and/or hacks). The user may also not use or distribute software, hardware or tools which collates, reads and/or collects information from the online game.
1.14 A breach of the provisions of No. 1.10 to 1.13 above shall entitle gamigo to terminate the contract without notice for an important reason. This shall also include all bypassing actions, similar actions or actions which are equivalent to the bans described above.
1.15 gamigo has an interest in ensuring that the game sites and online games function as set out in the contract. gamigo is therefore entitled to use suitable programs to identify contract breaches by users and to identify the user in the event that there is justified suspicion of a breach of contract. gamigo reserves the right to examine individual actions for plausibility and compliance with No. 1.10 to 1.13 and, if necessary, to ban such actions.
2. Term and termination
2.1 Indefinite term
The contracts between the user and gamigo shall be concluded for an indefinite period of time unless specified to the contrary in the specific offer from gamigo. If a limited term has not been agreed for the game and/or service usage contract, both parties shall be entitled to exercise an ordinary right of termination with immediate effect at any time.
2.2 Specific term
The term of the game and/or service usage contract shall depend on the user's selection using the input form provided by the gamigo Account System. If a specific term has been agreed upon for the game and/or service usage contract or for the contract for the provision and use of premium features (see also No. B I 3), the following provisions shall apply: The game and/or service usage contract or the contract for the provision and use of premium features shall be extended automatically by the same term. This shall not apply if the user gives notice of two (2) weeks to terminate the game and/or service usage contract or the contract for the provision and use of premium features at the end of its term.
2.3 The right of both parties to extraordinary termination for an important reason shall not be affected. An important reason shall in particular be a breach of major provisions of the usage contract by the other party, the opening of insolvency proceedings against the assets of the other party or an application to open insolvency proceedings and the refusal of such an application due to a lack of assets or if one party to the contract cannot reasonably be expected to maintain the contract for other reasons.
gamigo shall be entitled to terminate the contract for an important reason in particular but not exclusively if
- the user is in default with the payment of the amount owed for two consecutive billing periods or is in default with the payment of an amount which corresponds to the average payment for two billing periods over a period which is longer than two billing periods and does not pay despite receiving a reminder to do so;
- the user culpably breaches the law, the rules of conduct and/or the rules of use for services or No. B I 9 of these general terms of business and despite receiving a warning does not stop this breach; in the event of serious breaches there is no need to give a warning if gamigo cannot reasonably be expected to maintain the contract;
- the user has not used his account for a period of three months and fails to use it despite receiving a warning;
- third parties (such as social network operators) that provide the user with an account with which the user can access a gamigo service request that gamigo delete user information and/or take similar measures;
- third parties (such as social network operators) that provide the user with an account with which the user can access a gamigo service restrict gamigo’s access to data.
gamigo cannot generally reasonably be expected to maintain the contract in the following cases (among others):
- if the user breaches criminal laws
- if the user transfers accounts, game currency or virtual goods in return for financial benefits (No. B I 1)
- if the user breaches the ban on multiple accounts (see No. B I 1).
- if the user breaches the ban on unauthorized scripts (see No. B I 10).
- if the user enters false details during the registration process (registration form in the application for use, see No. A 4) or when paying for premium features (see No. B 1 3).
- if the user uses or distributes software which changes the game experience or gives the player an advantage over other players (in particular cheats, tools, bots, modifications and/or hacks, see No. B I 1).
- if the user uses or distributes software, hardware or tools which collates, reads and/or collects information from the online game (see No. B I 1).
In the event of a justified termination issued by gamigo for an important reason, gamigo shall be entitled to demand a sum of money corresponding to 75% of the total of all payments which the user would have had to pay if he had given correct notice to terminate the contract during the term of the contract (for services not yet provided by gamigo and in particular for premium features which have already been ordered). The right of the user to prove that gamigo suffered no loss or a considerably lower loss shall not be affected. If the user has already received the services to be provided by gamigo, he shall not be entitled to reimbursement. In particular, no reimbursement shall be made for virtual goods which the user ordered from gamigo and has already received.
2.4 gamigo reserves the right to disable the provision of the online game temporarily for a particular user at its own discretion, in particular after a breach of the current rules of conduct. In this case any fees which have already been paid for disabled game time shall be reimbursed on a proportionate basis or set off against future fees. gamigo shall be entitled, however, to charge a processing fee for the disabling and notification process. Details of the amount of this processing fee, where applicable, are available on the website of the game or service concerned. The user shall be permitted to prove that gamigo suffered no or lower expenses.
2.5 If the user is in default with the payment of fees, gamigo shall be entitled to disable the service concerned.
2.6 gamigo shall have a game-related right of special termination in the event that gamigo loses its right to operate a specific game, for example as a result of the termination of the relevant licensing contract between gamigo and the licensor. In this case gamigo may give notice of four weeks to terminate all contracts which relate to the operation and use of the relevant game (for example gaming and/or service usage contract, contract for the provision and use of premium features). An appropriate proportion of payments made by the user for a longer period or for services which have not been used on termination of the contract shall be reimbursed. Instead of this reimbursement the parties may agree that the user shall be granted the appropriate utility rights to other games up to the appropriate value.
3. Tariff levels, terms of payment, default
3.1 Online games
3.1.1 Test or basic version
gamigo shall generally provide the games to the users in the version available from the time they create an account. It is possible that initially the user will be provided only with a test or basic version. The creation of the account and the use of the test or basic version shall be free of charge. The test or basic version (notwithstanding the right of gamigo to stop the provision of games) may be subject to time limits and/or not fully playable. The user possibly does not have access in the test or basic version to all the features available. gamigo will also make available such games which are free of charge without limits, possibly along side games which do not incur charges until after a certain time. The details are set out in the description of the game concerned.
3.1.2 Premium features
3.1.2.1 The user shall be able to obtain special features in return for payment of a fee (hereinafter known as premium features). Different premium features may be offered for the various games. Details are provided on the website for the game concerned of which premium features are available at what tariffs, which functions they have and what their specific requirements are. Depending on the premium feature required and its tariff, the fees may take the form of one-off payments, or payments for topping up a credit that can be used for certain functions in the particular game according to its rules, or payments which must be made for a certain period of time (for example daily, weekly, monthly, quarterly, biannually or yearly).
3.1.2.2 The games are subject to ongoing development. gamigo, therefore, reserves the right to offer new premium features at any time. In the course of the adjustment and development of the games, gamigo also reserves the right to withdraw specific premium features and/or to offer them during the free test or basic version. If the user has already paid for a period in the future for premium features and cannot use them because they are no longer available for use and/or are also available in the free basic version, gamigo shall instead offer the user other premium features and/or return the amount paid by the user to him (or a proportion of it depending on the time the paid premium features were used), as chosen by the user. In this case the user shall be entitled to terminate the usage contract with immediate effect. The user shall not be entitled to any other claims.
3.1.2.3 If the user is a minor, he offers the express assurance when ordering premium features that he has been given the funds required to pay for them for this purpose or for free disposal.
3.1.2.4 If access via downloadable software for mobile phones is possible for certain games, the rules relating to premium features shall apply to the costs incurred for this.
3.2 Subscription / Automatic extension
If payments for premium features must be made for a certain period of time, the user shall take out a subscription which will extend automatically unless the user gives the notice set out in No. B I 2 to terminate it at the end of the relevant period of time. The terms of the subscription are set out in the rules that apply to the game concerned.
3.3 Terms of payment, due date
3.3.1 The current amount of the game payment shall be published on the website of the game concerned.
3.3.2 The payments shall be collected in full for the term of the utility contract in advance and shall be due when the service is provided by gamigo or, in the case of subscriptions, on the specified dates on which payments are due.
3.3.3 The following shall apply if gamigo issues an invoice to the user: Complaints relating to the invoice total must be reported to gamigo in writing or by e-mail without delays but at the latest within six weeks of the date of receipt of the invoice. Failure to file objections promptly within this period shall be regarded as approval of the invoice. gamigo shall make special reference to the consequences of failing to file objections promptly.
3.3.4 gamigo shall accept payment using the means of payment specified on the website of the game concerned and using the methods of payment specified there. gamigo shall be entitled to change the means or methods of payment it accepts at any time or to accept certain means of payment for amounts above a certain level or for certain services. Details of the current level of any processing fee shall be set out on the website.
The following shall apply if the user selects direct debit as the method of payment: The debit amount shall be collected using the direct debit method. The direct debit mandate may be revoked at any time in writing. The user must ensure that he has sufficient funds in the account to be debited to cover the amount. The costs incurred by the inability to collect the debit shall be paid by the user.
3.3.5 The user shall be obliged to provide truthful details. The details provided by the user may be checked at any time by gamigo or by the service provider commissioned by gamigo and named on the website of the game concerned to ensure that they are correct.
3.4 Default
In the event of default, gamigo shall be entitled to charge interest at a rate of five percentage points above the relevant base rate. gamigo shall also be entitled to stop the provision of services or immediately block the user’s accounts in the event of default. No payment for services through a subscription shall be required for the period during which the accounts are blocked. However, gamigo shall be entitled to charge a processing fee for blocking the accounts, providing notification of the block and for removing the block or establishing a new account in the event that full payment is received. Details of the amount of this processing fee are available on the website of the game or service concerned. The user shall be permitted to prove that gamigo suffered no or lower expenses.
3.5 Return debits, cancellation fee
3.5.1 If gamigo incurs return debit charges due to the fault of the user or a lack of funds to cover charges and/or if gamigo incurs cancellation fees due to the late cancellation of direct debits, the user shall be responsible for the costs thus incurred.
3.5.2 gamigo shall be entitled to demand these costs together with the original payment from the user’s account by means of repeat debits and to collect the full amount concerned by a repeat debit. If return debit charges incur due to the fault of the user (for example due to a lack of funds to cover charges), the user shall be responsible for compensating gamigo for the resulting appropriate damage incurred.
4. No win guarantee
4.1 gamigo does not guarantee that any users will win. In particular, users shall not be able to demand the cash payment of the prize unless such a claim is based exclusively on these general terms of use.
4.2 A claim for the payment of a win can only exist if such a win has been expressly promised by gamigo.
4.3 In addition, a claim shall not exist if gamigo finds that the possible win claim could have been created by means of manipulation of a technical or legal type and/or as a result of any criminal manipulation in general. By participating in the games provided by gamigo, the user agrees that gamigo may demand an extensive investigation into the legality of a win claim at any time and in the interim the payment of the win may be refused without the separate agreement of the user. The win claim shall also be rendered void if the user breaches the rules of conduct. In the event of any doubt, the burden of proof shall be borne by the user; the user must prove that he has acted in accordance with the rules of the games. The user is aware of the fact that he bears the burden of proof and he expressly acknowledges this even if this is not necessarily the case in law.
5. Properties of the software
5.1 gamigo hereby declares that although the games are always technologically up-to-date, it is not possible to provide any guarantees that the games will be free of errors. For this reason the user must expect that the games will not run error-free in every function. The user shall be obliged to maintain their PC in a condition fit for using the games. In particular, this requires the user's PC to fulfill the minimum system requirements of the respective game and to have available a sufficiently fast connection to the Internet.
5.2 In some online games the software or separate programs integrated in the software may be used to prevent fraud being committed by so-called “cheats” or “hacking”.
6. Claims for defects
6.1 The games offered by gamigo are subject to ongoing development and updates. Changes may occur through carrying out updates to ensure and optimize the playability. This is done with the aim of providing the users with a fun game experience for a lengthy period of time. gamigo shall thus provide the user with access to the current versions of the games and services. The user shall thus not be entitled to demand the maintenance or creation of a specific status / scope of functions of the game and / or service. Any claims for defects from the user which do not affect the game's playability per se shall not be affected.
The user must provide thorough documentation of any defects that affect the games, services or other goods or services provided by gamigo and in particular must report them in writing together with a log of any error messages which are displayed. Before reporting an error the user shall consult the game or service manual and any other assistance provided by gamigo to rectify problems (in particular lists of frequently asked questions and discussion forums relating to problems). The user must provide what support he can to assist gamigo with the rectification of any defects.
6.2 The user is advised to send all complaints to gamigo in writing (by fax, letter or e-mail) for evidence purposes.
6.3 Those errors which are caused by external influences, operating errors by the user, forces majeure or modifications or other manipulation not completed by gamigo shall be excluded from the warranty.
6.4 Guarantees in the legal sense shall not be provided by gamigo.
7. Utility right
7.1 The online games and websites are protected by current laws on copyright and intellectual property and are provided exclusively for personal use. The game must not be forwarded or transferred to third parties unless stated otherwise in these conditions of use.
7.2 gamigo shall grant the user the non-transferable and non-exclusive right to copy the online game software exclusively for his or her own use on their personal computer. This utility right shall end with the termination of the contract for playing the game concerned.
7.3 The user shall not be permitted to resell the online game software, confer rights relating to the online game software to third parties, hire them out to third parties, lease them or transfer them in any other form. Furthermore, the user shall not be permitted to add software elements to the online games or change elements of the online game software, delete such elements or modify them in any other form, unless gamigo has granted its express consent to such action. In particular the user shall not be permitted to copy, export or otherwise use graphic elements.
7.4 The transfer of a personal account or individual game characters to third parties shall require the express prior consent of gamigo. If transfers are made without prior consent, gamigo shall be entitled to give extraordinary notice of termination for an important reason.
7.5 The user shall not be permitted to bypass the technical measures in place to protect the online game software using devices, software programs or services or to disassemble, modify or restructure the online game software. If the user holds the view that he is entitled to carry out such actions so as to be able to exercise his statutory rights or right under these conditions of use, he shall be obliged to contact gamigo in advance.
8. System requirements
The minimum system requirements must be satisfied in order to be able to participate in the online games. These are set out on the game’s website. The user is advised to test the free basic version of the game – if available – on the system environment which he intends to use for the full version at a later date.
9. Other duties and obligations of the user
9.1 The user must follow the current rules of conduct at all times. In particular he shall be obliged not to post any contents with illegal or offensive contents on the online games and in particular shall not post any contents which may incite racism or hatred or glorify violence, is designed to jeopardize the moral safety of children or young people or to affect their well being or which may damage the reputation of gamigo and must also not make any mention of such contents. Furthermore, the user shall not be permitted to post commercial advertisements for products or programs supplied by third parties or any intellectual property owned by third parties which is protected by copyright or other rights without the proper authorization.
The user must declare all the information required for setting up and operating his gamer or gaming account and all the information relating to the payment of charges correctly and in full.
9.2 In the case of breaches of the above, gamigo shall be entitled to disable the user’s access to his account temporarily after first giving a warning and threatening to disable the account. A warning with the threat of blocking the account shall not be required if special circumstances apply which justify the immediate disablement of access to the account after weighing up the interests of both parties. The user shall be notified by gamigo of the reason for his account being disabled. The same shall apply in the event of any abuse of credit card use, the use of inaccurate credit card information, and also the declaration of inaccurate data for the provision of a direct debit mandate. Disabling the account shall also include that all contents and information which originated from the excluded user may be removed immediately from the database and from the websites by gamigo.
9.3 The user shall be obliged to treat all passwords which he receives from gamigo in confidence and not to provide access to them to third parties with the exception of the transfer of an account after receiving prior consent from gamigo.
If a third party uses an account owned by a user after the third party has gained knowledge of the access data because the user did not protect them sufficiently from outside access, the user must accept that, due to the risk of a lack of clarity created by him as to who was acting in the relevant account, he will be treated as if he (the user) had been acting himself and that he may be sued in the event of a breach of contract or the law.
9.4 The user shall not be authorized to use the games and services for illegal or unauthorized purposes. In particular, he shall not be entitled to use the user names and/or e-mail addresses of other users for sending unsolicited e-mails, advertisements or for other commercial purposes without the prior consent of the users concerned.
9.5 Any culpable breach of the duties listed above shall entitle gamigo to delete the information posted by the user.
9.6 In particular, gamigo shall be entitled to delete information posted by the user in full or in part or to prevent actions if there are any concrete indications that they constitute a breach of these generals terms of use, the manuals and rules for the services concerned or are otherwise illegal. This is the case, for example, for information and actions which
- are obviously offensive, racist, fanatical or glorify violence;
- harass another person or are insulting, threatening, obscene, defamatory or slanderous;
- are sexist, pornographic or otherwise of a nature that endangers young people or contain a link to a website which is not suitable for young people;
- contain false or misleading information; promote illegal behavior;
- constitute an illegal or unauthorized copy or reproduction of the work which is protected by copyright, for example by means of providing illegal computer programs or links to illegal computer programs, information for bypassing copy protection devices and illegal music copies or links to illegal music copies or breach copyright by some other means;
- include the sending of „junk mail“, „chain letters“ or unsolicited mass e-mails, instant messages, „spimming“„ or „spamming„;
- contain restricted pages or images which can only be accessed with a password or which are concealed;
- promote criminal activities or plans or contain or incite instructions for illegal activities including, but not exclusively, information for the production and purchase of weapons, child pornography, fraud, drug dealing, gambling, stalking, spamming, spimming, the distribution of computer viruses and other harmful files, copyright breaches, patent breaches or the theft of company secrets;
- require other users to declare personal data for commercial or illegal purposes or to disclose their login data;
- contain commercial activities and/or sales, for example prize competitions, raffles or drawings, exchange deals, advertisements and snowball systems;
- contain an image of another person without the consent of that person.
9.7 The user shall not be entitled to demand the reinstatement of deleted information.
9.8 In addition, gamigo shall be entitled to exclude the user from further participation in the relevant games or services and to terminate the user’s account if the conditions set out in No. B I 2 have been satisfied. gamigo expressly reserves the right to make additional claims, in particular claims for compensation.
9.9 The user shall inform gamigo if he becomes aware of any abuse of the games or services by third parties or other users (for example the distribution and transfer of contents which are prohibited in No. B I 2). The user is requested to take this action in writing (for example by e-mail) to ensure that effective intervention is possible.
10. Ban on unauthorized scripts
10.1 The games may only be used with the software („client“) provided on the game’s website or other equipment provided by gamigo or expressly acknowledged by gamigo (ban on unauthorized scripts).
10.2 It shall be strictly prohibited to change or modify the client since such action can cause problems in the games and could have serious effects on other users. It shall also be prohibited to decompile or reverse-engineer the client without the prior consent of gamigo. If the user holds the view that he is entitled to decompile the client to exercise his statutory rights or right under these conditions of use, he shall be obliged to contact gamigo in advance.
10.3 The user shall not be permitted to use programs which place an excessive load on the servers operated by gamigo. Software which systematically or automatically executes commands or functions inside the games (for example bots or macros) shall be prohibited as shall software which can be used to reproduce or analyze the games or to reproduce or analyze elements or contents of the games (apart from the contents owned by the relevant gamigo user).
10.4 The client may be updated from time to time by automatically connecting to an update service. The user is aware of this and he hereby agrees that he must allow an automatic update of this type to enable him to continue to use the games after an update.
II. Purchase of goods
1. Delivery of ordered goods
1.1 Unless agreed otherwise, the goods will be supplied from the warehouse to the address specified by the user.
1.2 The order confirmation shall be binding for the scope of the delivery. gamigo shall deliver the ordered goods within the agreed lead time. The lead time shall be extended by a reasonable period in the event of forces majeures such as, for example, unforeseeable operational, transport and shipment problems, fire damage, floods, unforeseeable energy, raw material or medial scarcities and other hindrances which are not the responsibility of gamigo (for example strikes, lock-outs and official orders). The user shall be entitled to his statutory rights.
1.3 If a third party uses an account owned by a user to order goods after he has gained knowledge of the access data because the user did not protect them sufficiently from outside access, the user must accept that, due to the risk of a lack of clarity created by him as to who was acting in the relevant account, he will be treated as if he (the user) had been acting himself and that he may be sued in the event of a breach of contract or the law.
2. Terms of payment, default, reservation of title
2.1 The purchase price shall be payable immediately unless a written agreement to the contrary is made when the order is placed. The specified purchase prices are inclusive of statutory value-added tax.
2.2 The following shall apply if gamigo issues an invoice to the user: Complaints relating to the invoice total must be reported to gamigo in writing or by e-mail without delays, but at the latest within six weeks of the date of receipt of the invoice. Failure to file objections promptly within this period shall be regarded as approval of the invoice. gamigo shall make special reference to the consequences of failing to file objections promptly.
2.3 gamigo shall accept payment using the methods of payment specified on the website of the online shop. gamigo shall be entitled to change the methods of payment it accepts at any time or to accept certain methods of payment for amounts above a certain level or for certain services. Details of the current level of any processing fee shall be set out on the website.
The following shall apply if the user selects direct debit as the method of payment: The debit amount shall be collected using the direct debit method. The direct debit mandate may be revoked at any time in writing. The user must ensure that he has sufficient funds in the account to be debited to cover the amount. The costs incurred by the inability to collect the debit shall be paid by the user.
2.4 If gamigo incurs return debit charges due to the fault of the user or a lack of funds to cover our charges and/or gamigo therefore incurs cancellation fees due to the late cancellation of direct debits, the user shall be responsible for the costs thus incurred.
2.5 gamigo shall be entitled to collect these costs together with the original payment from the user’s account by means of repeat debits. If return debits are incurred, gamigo shall charge a processing fee of EUR 9.60 per debit / EUR 30.00 for credit card payments and EUR 10.00 for other methods of payment, plus any bank charges incurred by gamigo. The user shall be permitted to prove that gamigo suffered no or lower expenses.
2.6 The user shall be obliged to provide truthful details. The details provided by the user may be checked at any time by gamigo or by the service provider commissioned by gamigo and named on the website of the game concerned to ensure that they are correct.
2.7 If the user is in default with the payment, gamigo shall be entitled to charge default interest at a rate of 5% per annum above the base interest rate fixed by the European Central Bank and a processing fee. If gamigo suffers a higher default loss, gamigo shall be entitled to claim this. The user shall be entitled in all cases to prove that no loss occurred or that the loss was lower. Additional compensation claims by gamigo shall not be affected.
2.8 The supplied goods shall remain the property of gamigo until they have been paid for in full.
3. Warranty and complaints
3.1 The statute of limitations for complaints shall be two years from the transfer of risk.
3.2. Complaints by the user shall not be accepted if the goods have been used for a purpose other than the one for which they are designed by the user or if the user has carried out modifications or interventions to the goods contrary to the operating and servicing instructions.
3.3 If the goods are defective, gamigo shall be obliged to replace or repair them. This shall not apply if gamigo is entitled to refuse to replace or repair them on the basis of statutory regulations. The user shall be obliged to provide gamigo with a reasonable period of time to replace or repair the goods.
3.4 The user shall be entitled to choose whether he requires the goods to be repaired or replaced by the delivery of perfect goods (replacement goods). If gamigo has completed two unsuccessful attempts to repair the goods, this method shall be regarded as having failed. If the replacement has failed, the user shall be entitled at his discretion to reduce the purchase price or to withdraw from the contract.
3.5 No general function guarantee can be provided for software. The warranty undertaking from gamigo shall be deemed to have been fulfilled if defective goods are functional on the user’s hardware if this hardware satisfies the minimum requirements specified on the gamigo order form. The user shall, therefore, be obliged to check the suitability of the software for his hardware in advance. gamigo cannot offer any guarantee for the normal wear and tear of the goods and for defects caused by incorrect or negligent handling or use on the part of the user, or for errors which are caused by incorrect handling, external influences or the ingress of liquids by the user.
3.6 Incorrect quantities, incorrect goods and transport damage must be reported to gamigo as quickly as possible. The user is advised to do this in writing by mail, fax or e-mail for proof purposes.
3.7 All returns of goods must be accompanied by a copy of the invoice and/or a copy of the delivery note, regardless of whether the goods are defective or the incorrect goods were delivered. In the event of a justified complaint, gamigo shall reimburse shipment costs. gamigo shall pay the costs required to deliver perfect goods or the correct goods. For goods which are returned without justification, gamigo shall reserve the right to charge the user a processing fee of EUR 15.00 plus the shipment costs incurred by gamigo. The user shall be entitled to prove that gamigo has not incurred any costs for the processing and shipment or that the costs it incurred were considerably lower.
3.8 The user is advised to provide brief details of the reason for the return on the reverse of the copy of the invoice or the delivery note which is attached to the returned goods. The user is also advised to provide his bank details which gamigo may use to transfer the reimbursement of the shipment costs and/or the value of the goods. Furthermore, the user is advised to keep the postage confirmation of an insured parcel until the reimbursement has been credited to the bank account specified by the user or held by gamigo.
3.9 In addition, the user shall be entitled to his statutory rights unless agreed to the contrary.
Hamburg, 23rd August, 2012
gamigo AG
Behringstr. 16b
22765 Hamburg, Germany
Phone: +49 (0)40-4118850
Fax: +49 (0)40-411885255
Executive board: Remco Westermann, Joachim B. Bonke
Registered office of the company: Hamburg
Court of registration: Hamburg Local Court
Registration number: HRB 105628
VAT Registration No.: DE 209069172
gamigo AG (hereinafter known as “gamigo”) provides a range of online games and related services and goods on the Internet. These services include, among other things, the creation of a profile page, participation in forums, the ability to post media content such as images and texts and/or other services. Participants in the games and users of the services provided by gamigo and those who order goods from gamigo are hereinafter known as “users”. Where these general terms of use refer to “websites”, “games”, “software”, “support”, “online shop”, “goods” or “services” this shall mean the websites, games, support, online shop and services provided by gamigo. If these general terms of use refer in general to “services”, in any cases of doubt this shall mean all the services offered and provided by gamigo.
A. General
1. Acknowledgment of and amendments to the general terms of use
1.1 gamigo shall provide its games and the software for these for use on a personal computer and shall provide its services and any goods for ordering based on the general terms of use set out herein.
1.2 The general terms of use are found on the websites showing the services offered by gamigo, can be downloaded or printed from there, and shall be an integral part of any contract between a user and gamigo as described in No. A 4 below.
1.3 gamigo shall provide services to users exclusively on the basis of these general terms of use. The user’s general terms of use shall expressly not be part of the contract unless gamigo expressly consents to them in writing.
1.4 gamigo reserves the right to amend or add to these general terms of use at any time in the future if this is deemed necessary (for example to take account of changes to the services or to the legal regulations that apply to them, such as from new laws or new legal precedents) and such amendments or supplements do not disadvantage users in breach of good faith.
1.5 Amendments to the general terms of use shall be notified by suitable means in writing. Generally, such notifications shall be made by publication on the websites on which gamigo provides its services or by e-mail. The user shall be made aware of any amendments to the general terms of use, in any event the next time he logs into the system, after the amendment has been made in the form of a highlighted notice.
1.6 The user may reject the amendments to the general terms of use within four (4) weeks of their notification and having had an opportunity to review them. If the user does not reject the amended terms within this period of four weeks after notification and having had an opportunity to review them in writing to gamigo or if the user continues to use the services, the amended or supplemented terms shall become applicable to him. If the user rejects them within the deadline, both parties shall be entitled to give one month’s notice to terminate the contract unless an immediate right of termination exists pursuant to No. B I 2. The original general terms of use shall continue to apply until the contract is terminated. Any payments made before the notice period shall, in this case, be reimbursed proportionally to the user. The user shall not be entitled to any other claims.
1.7 gamigo shall inform the user separately in its notification about the amendments to the general terms of use of the possibility to reject them and terminate the contract, the notice period and the legal consequences, in particular those relating to a failure to lodge such a rejection.
2. Subject of the general terms of use and payments
2.1 The general terms of use set out below regulate the services provided by gamigo, including the purchase of goods. The services can be used on a personal computer on the Internet using a DSL connection or other equivalent connection. These general terms of use do not regulate any matters relating to accessing the Internet or software provided by third parties (such as browsers, social networks or platforms, access software and operating systems) since these services are not provided by gamigo.
2.2 The prices at the time of ordering as set out on gamigo’s websites and in the appropriate shopping carts shall apply. Other prices that may appear on sites which are loaded from cache may not be up-to-date and are invalid. gamigo's prices are quoted inclusive of value-added tax from the place of consignment unless expressly agreed to or quoted otherwise in writing. The cost of shipping and handling shall be quoted separately before the order process has been completed. In the event of spelling, printing or calculation errors on gamigo’s website or in price quotes, gamigo shall be entitled to withdraw from the contract.
2.3 If the user exercises his right to cancel (see No. A 5), the user must pay the standard costs for returning the goods if these were as ordered and if the price of the goods being returned does not exceed the amount of EUR 40.00 including VAT or, if the cost of the goods exceeds the above amount, if the user has not paid for the goods in full or paid a contractually agreed upon installment by the time of cancellation.
2.4 In the event that the user does not accept the ordered goods or that a third party contracted by gamigo is unable to deliver the ordered goods on several occasions for reasons for which the user is not responsible and the user is then in default with accepting the goods, gamigo shall be entitled to make a charge of EUR 19.90 (including VAT) to cover expenses incurred. The user shall be permitted to prove that gamigo suffered no or considerably lower expenses. Other claims by gamigo, in particular claims for compensation, shall not be affected.
2.5 gamigo may offer the user an opportunity to choose between different methods of payment. In some cases this may also involve methods of payment which use services provided by third parties. If the user uses the services of third parties, this will also involve the conclusion of additional contracts between the user and the third party. The general terms of use of this third party may be included in such contracts with third parties.
3. Users, minors
3.1 gamigo offers its goods, games and services exclusively to consumers in the sense of § 13 of the German Civil Code (Bürgerliches Gesetzbuch or BGB). The use of the games and services provided by gamigo or the purchase of goods from gamigo for the purposes of earning income or other commercial purposes is prohibited.
3.2 People who are over the age of 18 on the date of registration or whose legal guardian has granted their consent to such use shall be entitled to use the services. The rules of conduct for the various games may state that people under a certain age shall not be entitled to use them even if their legal guardian has granted their consent. By registering for use (see No. A 4), the user gives his express assurance (i) that he or she is of the age of consent and legally capable or (ii), if he is a minor or legally incapable, has the consent of his legal guardian.
4. Contract conclusion
4.1 By clicking on the appropriate button, the user makes a binding offer to conclude a contract (“order”, “accept” or similar) between gamigo and the user for the use of games, service, the purchase of goods and/or other services (hereinafter also known as the “contract”).
4.2 gamigo shall immediately confirm receipt of the order by e-mail (hereinafter known as “confirmation of receipt”). This confirmation of receipt includes all the order data and prices. Confirmation of receipt still does not constitute an effective acceptance of the order to conclude a contract.
4.3 The contract with gamigo shall be concluded if gamigo accepts the order from the user. This shall be in the form of an order confirmation from gamigo sent by e-mail to the user which may be linked to the confirmation of receipt, or by the first fulfillment action by gamigo.
4.4 The order shall be accepted on the proviso that the services or goods ordered are available and that they can be supplied to the user. Goods orders placed by consumers will only be accepted for quantities which would be reasonable for one household.
4.5 The user acknowledges these general terms of use and undertakes to comply with them by actively clicking on the “Accept” (or similar) button before submitting the order. After the user’s order has been accepted by gamigo, these general terms of use shall be an integral part of the contract which has been concluded between the user and gamigo.
5. Right to cancel
The user may cancel his declaration to conclude the game and service usage contract, to order premium features or to order goods from the gamigo online shop in writing (for example by letter, fax or e-mail) within a period of fourteen days without having to cite any grounds. This period shall start on receipt of this information in text form but not before the conclusion of the contract and also not before gamigo has fulfilled its duties of information set out in Article 246 § 2 together with § 1 Para. 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and its duties set out in § 312e Para. 1 Sentence 1 of the German Civil Code together with Article 246 Para. 3 of the Introductory Act to the German Civil Code. Prompt dispatch of the letter of cancellation shall suffice to comply with the cancellation deadline.
The letter of cancellation is to be addressed to:
gamigo AG
Behringstr. 16b
22765 Hamburg, Germany
Phone: +49 (0)40-4118850
Fax: +49 (0)40-411885255
E-mail: info@gamigo.com
If the letter of cancellation is sent by e-mail, the subject line must contain the name of the game and the premium features if applicable, and/or the service and the name of the user.
Consequences of cancellation
In the event of the contract being canceled in a valid manner, any services / payments received by either party must be returned and any usage that has already taken place must be paid. This means that any payments already made may not be repaid in full if the user has used the services before canceling the contract.
If the user cannot return the service he has received in full or in part or can only do so in a deteriorated condition, he must compensate gamigo accordingly. This shall not apply to the supply of goods or virtual goods if the deterioration of the goods was exclusively caused by checking them using methods which would be possible for the user in a shop. The user shall in particular be obliged to pay compensation in the event that he transfers the items or virtual goods or if he uses the goods or services in such a way that breaches the principles of civil law (such as those of good faith or unjustified enrichment). In addition, the user may avoid having to make compensation by not using the goods as his own property and not taking any action which could reduce the goods’ value. Goods which can be sent by parcel post are to be returned.
The user must pay the cost of returning the goods if the goods supplied were the goods that the user ordered and if the price of the returned goods does not exceed an amount of 40 euros. Otherwise the return will be free of charge for the user. Goods which cannot be sent by parcel post will be collected from the user. Obligations to reimburse payments must be fulfilled within a period of 30 days. For the user this period shall commence upon dispatch of the declaration of cancellation and for gamigo on receipt of same.
Early expiry and exclusion of the right to cancel
The right to cancel shall expire prematurely for services provided by gamigo if the contract has been completely fulfilled by both parties at the express request of the user before the user has exercised their right to cancel. This may be assumed if the user has used the game or the premium features or the services and has paid for them in full.
The right to cancel shall not apply to remote sales contracts for the supply of goods which have been manufactured to the customer’s specifications or have clearly been tailored to suit personal needs or are not suitable for return due to their properties or which may spoil quickly or whose use by date would be
exceeded by their return.
The right to cancel shall also not apply to remote sales contracts for the supply of audio or video recordings or of software if the seals on the data carriers supplied have been broken by the user.
End of the cancellation policy
6. Restriction of liability
6.1 If gamigo provides services free of charge, gamigo is only liable for compensation (i) in the event of damage caused by gross negligence or malice or (ii) in the event of accepting a guarantee or (iii) in the event of death, physical injury and health impairment or (iv) in the event of liability under the Product Liability Law (Produkthaftungsgesetz).
6.2 If gamigo demands payment for services, gamigo shall accept unlimited liability for compensation in case of malice and gross negligence. In the event of a breach of major contract duties, gamigo shall also accept liability for minor negligence. Major contract duties, also known as cardinal duties in legal precedents, are those duties which are required for the proper fulfillment of the contract and on whose fulfillment the user should be able to rely.
6.3 This shall not apply, however, for liability in the event of death, physical injury and health impairment or in the event that gamigo accepts a guarantee or liability under the Product Liability Law (Produkthaftungsgesetz). This does not affect our liability within the scope of application of § 44a of the German Telecommunications Act (Telekommunikationsgesetz or TKG).
6.4 gamigo shall only be liable for advice if the question relates to one of their games.
6.5 The exclusions and restrictions of liability set out above shall also apply in respect to the liability of staff, employees, workers, representatives and agents of gamigo, in particular in favor of shareholders, employees, representatives, agencies and their members relating to their personal liability.
6.6 The above provisions shall not result in any change to the burden of proof to the detriment of the user.
6.7 gamigo shall only be liable for advice if the question relates to the content of the service offered.
6.8 gamigo expressly distances itself from the contents of all sites to which there are direct or indirect links from the gamigo site. gamigo does not accept any liability for these contents and sites. The owners of these sites shall bear full responsibility for their content.
7. Setting off, retention
7.1 The user shall only be entitled to set off claims against him if his counterclaims have been finalized by a court of law or have been acknowledged by gamigo.
7.2 The user shall only be entitled to exercise a right of retention if his counterclaim is based on the same contract.
8. Copyright
The copyright and any rights derived from it to the supplied software and to image, text, audiovisual and other content shall remain the property of its creator.
9. Data privacy, advertising
gamigo expressly undertakes to protect the privacy of the user. The user can obtain more information about our privacy policy from the page entitled "Privacy Policy".
If the user has disclosed his e-mail address to gamigo as part of the existing customer relationship, gamigo may send him information by e-mail about gamigo or about services similar to those services that the user has already used from gamigo. The user may, of course, revoke this agreement at any time in writing (for example by e-mail) without incurring any costs apart from the cost of sending his revocation (at standard tariffs). In every information bulletin and newsletter sent to him by gamigo, the user shall be given a facility to refuse the receipt of further information and to submit a revocation to this effect.
10. Miscellaneous
10.1 The comments from users on the gamigo AG websites are external contents for gamigo in the sense of § 8 Para. 1 of the German Teleservices Act (Telemediengesetz/TMG) which exclusively reflect the personal view of the user concerned. gamigo is not responsible in any way for this content.
10.2 If any provisions of these general terms of use and/or of the game and/or service usage contract should be or become invalid, this shall not affect the validity of the other provisions.
B. Individual services
I. Use of gamigo games and services
1. Accessibility, scope of service, definitions and other duties of gamigo, game rules and ban on multiple accounts
1.1 gamigo shall guarantee an accessibility level for the games and services of 90% (ninety percent) on average over a period of one year. This shall not include times in which the online game servers of the various games are inaccessible on the Internet as a result of technical or other problems over which gamigo has no control (forces majeures, responsibility of third parties, etc.) and times during which routine maintenance work is being carried out. gamigo's liability for the inaccessibility of its games and services due to malice or gross negligence shall not be affected. gamigo may restrict access to the services if the security of the network operation, the maintenance of the network integrity, in particular the prevention of serious problems on the network, the software or saved data so require. gamigo is not responsible for the availability and functionality of accounts with third-party companies through which the user can access gamigo products. In this case, the user’s rights are determined by the individual agreement and terms between the user and the third party.
1.2 gamigo shall provide the games to the users for use. The scope of use shall include both the game software and access to the site as well as access to the online game servers. Further details of the free basic or test versions, the duty to pay costs outside the basic and test versions and the duty to pay for premium features are set out in No. B I 3.
1.3 The precise game rules are provided on the corresponding website. The user shall be given access to the game by logging in using his or her username and password.
1.4 The games are designed to provide fun for as many players as possible for a lengthy period of time. Like all online games, the games and services shall therefore be updated, adjusted, extended, and amended at irregular intervals. The user shall therefore only gain entitlement to use the relevant game and the services contained in the current version. The user, on the other hand, shall not be entitled to demand a specific status to be provided.
1.5 gamigo shall provide certain information for the services on the relevant game sites and may, for example, enable users to place information on to the network or to create individual personal profiles which can be viewed by game users and service users and third parties.
1.6 The online game software enables the user to play the games within the restrictions of existing technical and organizational possibilities. The websites for the various games contain the current technical and content game requirements, in particular the current rules of conduct. The user is aware that he or she is playing in the game worlds with a large number of other users or communicating with various service users on the game sites. To ensure that all players can play the game together, therefore, certain rules of conduct must be observed. By taking part, the user acknowledges the binding nature of the rules of conduct and the participation requirements of the services.
1.7 gamigo may possibly make a service available in some games which simulates game currencies within the relevant game world. These simulated game currencies are not real money. In particular, changes to the games as described in No. B I 1 may result in the possible uses of these game currencies changing. gamigo hereby distances itself from any exchange of these game currencies into real money.
1.8 gamigo may possibly make a service available to the user in a game world whereby it is possible to purchase virtual goods using the currency simulated in the relevant game world or in the form of premium features using real money. These virtual goods which can be purchased in the game worlds are not „goods“ or „property“ in a legal sense. If the user „purchases“ virtual goods from gamigo, this shall not make the user their owner. gamigo shall only grant the user a restricted license to the goods, for which further details will be provided by gamigo, even if the terminology used may suggest otherwise. Notwithstanding all other agreements and rights from gamigo, a license of this nature will definitely end when the contract between the user and gamigo is terminated, particularly if notice of termination is served on it. The items purchased and remaining game currency shall then become void unless some other agreement has been expressly made.
1.9 Unless specified otherwise by the wording or context used, the term “sell” in relation to the transfer of virtual goods and the simulated currency shall mean the “transfer of a license for the use of the game currency, the virtual goods, items or other contents to another user for which a return service must be provided and which is based on these general terms of use”. Accordingly, the term “purchase” then means “the granting of a license to use the currency, the virtual goods, items or other contents by payment of a return service by another user whereby the scope of the license shall be based on these general terms of use”. The meanings of the terms „purchaser“, „seller“, „sale“ and „purchase“ and similar terms shall be in accordance with the above.
1.10 The account may not be transferred to third parties by the user. Characters that the player creates inside a game may also not be transferred to third parties.
The license to use game currency and virtual goods may only be transferred within the games on the basis of the rules of that game. In particular, any such transfer in return for financial benefits shall not be permitted. This relates to the sale or auction of game currency or virtual goods, for example.
The user shall be expressly prohibited from selling, purchasing, renting, hiring, offering, accepting, distributing or reproducing the game currency, virtual goods or other game items used inside and/or outside the online games (regardless of their form) by means of transactions with third parties unless this is expressly permitted or no return service is demanded or such return service exclusively takes the form of other virtual goods, game items or game currency. If game currency, virtual goods and/or other game items are traded or exchanged on a large scale in the online games without a comparable return service being received in return within the online game, this shall give rise to suspicions of a breach of No. 1.10. The user shall be entitled to provide evidence to the contrary.
A breach of this provision shall entitle gamigo to terminate this contract for an important reason.
1.11 The user is aware that part of the content on the game sites and in the online games is created by users. The user is aware that gamigo and other users have rights to their respective contents under copyright law and other statutory regulations and that these rights are not transferred from gamigo to the user on the basis of registration or use. The user shall be responsible and liable if he breaches the rights that exist to these contents.
1.12 The user may only participate in the games operated by gamigo using a single account (“Ban on multiple accounts”). Further information is set out in the rules of conduct.
1.13 The user may not use or distribute software which changes the game experience or gives the player an advantage over other players (in particular cheats, tools, bots, modifications and/or hacks). The user may also not use or distribute software, hardware or tools which collates, reads and/or collects information from the online game.
1.14 A breach of the provisions of No. 1.10 to 1.13 above shall entitle gamigo to terminate the contract without notice for an important reason. This shall also include all bypassing actions, similar actions or actions which are equivalent to the bans described above.
1.15 gamigo has an interest in ensuring that the game sites and online games function as set out in the contract. gamigo is therefore entitled to use suitable programs to identify contract breaches by users and to identify the user in the event that there is justified suspicion of a breach of contract. gamigo reserves the right to examine individual actions for plausibility and compliance with No. 1.10 to 1.13 and, if necessary, to ban such actions.
2. Term and termination
2.1 Indefinite term
The contracts between the user and gamigo shall be concluded for an indefinite period of time unless specified to the contrary in the specific offer from gamigo. If a limited term has not been agreed for the game and/or service usage contract, both parties shall be entitled to exercise an ordinary right of termination with immediate effect at any time.
2.2 Specific term
The term of the game and/or service usage contract shall depend on the user's selection using the input form provided by the gamigo Account System. If a specific term has been agreed upon for the game and/or service usage contract or for the contract for the provision and use of premium features (see also No. B I 3), the following provisions shall apply: The game and/or service usage contract or the contract for the provision and use of premium features shall be extended automatically by the same term. This shall not apply if the user gives notice of two (2) weeks to terminate the game and/or service usage contract or the contract for the provision and use of premium features at the end of its term.
2.3 The right of both parties to extraordinary termination for an important reason shall not be affected. An important reason shall in particular be a breach of major provisions of the usage contract by the other party, the opening of insolvency proceedings against the assets of the other party or an application to open insolvency proceedings and the refusal of such an application due to a lack of assets or if one party to the contract cannot reasonably be expected to maintain the contract for other reasons.
gamigo shall be entitled to terminate the contract for an important reason in particular but not exclusively if
- the user is in default with the payment of the amount owed for two consecutive billing periods or is in default with the payment of an amount which corresponds to the average payment for two billing periods over a period which is longer than two billing periods and does not pay despite receiving a reminder to do so;
- the user culpably breaches the law, the rules of conduct and/or the rules of use for services or No. B I 9 of these general terms of business and despite receiving a warning does not stop this breach; in the event of serious breaches there is no need to give a warning if gamigo cannot reasonably be expected to maintain the contract;
- the user has not used his account for a period of three months and fails to use it despite receiving a warning;
- third parties (such as social network operators) that provide the user with an account with which the user can access a gamigo service request that gamigo delete user information and/or take similar measures;
- third parties (such as social network operators) that provide the user with an account with which the user can access a gamigo service restrict gamigo’s access to data.
gamigo cannot generally reasonably be expected to maintain the contract in the following cases (among others):
- if the user breaches criminal laws
- if the user transfers accounts, game currency or virtual goods in return for financial benefits (No. B I 1)
- if the user breaches the ban on multiple accounts (see No. B I 1).
- if the user breaches the ban on unauthorized scripts (see No. B I 10).
- if the user enters false details during the registration process (registration form in the application for use, see No. A 4) or when paying for premium features (see No. B 1 3).
- if the user uses or distributes software which changes the game experience or gives the player an advantage over other players (in particular cheats, tools, bots, modifications and/or hacks, see No. B I 1).
- if the user uses or distributes software, hardware or tools which collates, reads and/or collects information from the online game (see No. B I 1).
In the event of a justified termination issued by gamigo for an important reason, gamigo shall be entitled to demand a sum of money corresponding to 75% of the total of all payments which the user would have had to pay if he had given correct notice to terminate the contract during the term of the contract (for services not yet provided by gamigo and in particular for premium features which have already been ordered). The right of the user to prove that gamigo suffered no loss or a considerably lower loss shall not be affected. If the user has already received the services to be provided by gamigo, he shall not be entitled to reimbursement. In particular, no reimbursement shall be made for virtual goods which the user ordered from gamigo and has already received.
2.4 gamigo reserves the right to disable the provision of the online game temporarily for a particular user at its own discretion, in particular after a breach of the current rules of conduct. In this case any fees which have already been paid for disabled game time shall be reimbursed on a proportionate basis or set off against future fees. gamigo shall be entitled, however, to charge a processing fee for the disabling and notification process. Details of the amount of this processing fee, where applicable, are available on the website of the game or service concerned. The user shall be permitted to prove that gamigo suffered no or lower expenses.
2.5 If the user is in default with the payment of fees, gamigo shall be entitled to disable the service concerned.
2.6 gamigo shall have a game-related right of special termination in the event that gamigo loses its right to operate a specific game, for example as a result of the termination of the relevant licensing contract between gamigo and the licensor. In this case gamigo may give notice of four weeks to terminate all contracts which relate to the operation and use of the relevant game (for example gaming and/or service usage contract, contract for the provision and use of premium features). An appropriate proportion of payments made by the user for a longer period or for services which have not been used on termination of the contract shall be reimbursed. Instead of this reimbursement the parties may agree that the user shall be granted the appropriate utility rights to other games up to the appropriate value.
3. Tariff levels, terms of payment, default
3.1 Online games
3.1.1 Test or basic version
gamigo shall generally provide the games to the users in the version available from the time they create an account. It is possible that initially the user will be provided only with a test or basic version. The creation of the account and the use of the test or basic version shall be free of charge. The test or basic version (notwithstanding the right of gamigo to stop the provision of games) may be subject to time limits and/or not fully playable. The user possibly does not have access in the test or basic version to all the features available. gamigo will also make available such games which are free of charge without limits, possibly along side games which do not incur charges until after a certain time. The details are set out in the description of the game concerned.
3.1.2 Premium features
3.1.2.1 The user shall be able to obtain special features in return for payment of a fee (hereinafter known as premium features). Different premium features may be offered for the various games. Details are provided on the website for the game concerned of which premium features are available at what tariffs, which functions they have and what their specific requirements are. Depending on the premium feature required and its tariff, the fees may take the form of one-off payments, or payments for topping up a credit that can be used for certain functions in the particular game according to its rules, or payments which must be made for a certain period of time (for example daily, weekly, monthly, quarterly, biannually or yearly).
3.1.2.2 The games are subject to ongoing development. gamigo, therefore, reserves the right to offer new premium features at any time. In the course of the adjustment and development of the games, gamigo also reserves the right to withdraw specific premium features and/or to offer them during the free test or basic version. If the user has already paid for a period in the future for premium features and cannot use them because they are no longer available for use and/or are also available in the free basic version, gamigo shall instead offer the user other premium features and/or return the amount paid by the user to him (or a proportion of it depending on the time the paid premium features were used), as chosen by the user. In this case the user shall be entitled to terminate the usage contract with immediate effect. The user shall not be entitled to any other claims.
3.1.2.3 If the user is a minor, he offers the express assurance when ordering premium features that he has been given the funds required to pay for them for this purpose or for free disposal.
3.1.2.4 If access via downloadable software for mobile phones is possible for certain games, the rules relating to premium features shall apply to the costs incurred for this.
3.2 Subscription / Automatic extension
If payments for premium features must be made for a certain period of time, the user shall take out a subscription which will extend automatically unless the user gives the notice set out in No. B I 2 to terminate it at the end of the relevant period of time. The terms of the subscription are set out in the rules that apply to the game concerned.
3.3 Terms of payment, due date
3.3.1 The current amount of the game payment shall be published on the website of the game concerned.
3.3.2 The payments shall be collected in full for the term of the utility contract in advance and shall be due when the service is provided by gamigo or, in the case of subscriptions, on the specified dates on which payments are due.
3.3.3 The following shall apply if gamigo issues an invoice to the user: Complaints relating to the invoice total must be reported to gamigo in writing or by e-mail without delays but at the latest within six weeks of the date of receipt of the invoice. Failure to file objections promptly within this period shall be regarded as approval of the invoice. gamigo shall make special reference to the consequences of failing to file objections promptly.
3.3.4 gamigo shall accept payment using the means of payment specified on the website of the game concerned and using the methods of payment specified there. gamigo shall be entitled to change the means or methods of payment it accepts at any time or to accept certain means of payment for amounts above a certain level or for certain services. Details of the current level of any processing fee shall be set out on the website.
The following shall apply if the user selects direct debit as the method of payment: The debit amount shall be collected using the direct debit method. The direct debit mandate may be revoked at any time in writing. The user must ensure that he has sufficient funds in the account to be debited to cover the amount. The costs incurred by the inability to collect the debit shall be paid by the user.
3.3.5 The user shall be obliged to provide truthful details. The details provided by the user may be checked at any time by gamigo or by the service provider commissioned by gamigo and named on the website of the game concerned to ensure that they are correct.
3.4 Default
In the event of default, gamigo shall be entitled to charge interest at a rate of five percentage points above the relevant base rate. gamigo shall also be entitled to stop the provision of services or immediately block the user’s accounts in the event of default. No payment for services through a subscription shall be required for the period during which the accounts are blocked. However, gamigo shall be entitled to charge a processing fee for blocking the accounts, providing notification of the block and for removing the block or establishing a new account in the event that full payment is received. Details of the amount of this processing fee are available on the website of the game or service concerned. The user shall be permitted to prove that gamigo suffered no or lower expenses.
3.5 Return debits, cancellation fee
3.5.1 If gamigo incurs return debit charges due to the fault of the user or a lack of funds to cover charges and/or if gamigo incurs cancellation fees due to the late cancellation of direct debits, the user shall be responsible for the costs thus incurred.
3.5.2 gamigo shall be entitled to demand these costs together with the original payment from the user’s account by means of repeat debits and to collect the full amount concerned by a repeat debit. If return debit charges incur due to the fault of the user (for example due to a lack of funds to cover charges), the user shall be responsible for compensating gamigo for the resulting appropriate damage incurred.
4. No win guarantee
4.1 gamigo does not guarantee that any users will win. In particular, users shall not be able to demand the cash payment of the prize unless such a claim is based exclusively on these general terms of use.
4.2 A claim for the payment of a win can only exist if such a win has been expressly promised by gamigo.
4.3 In addition, a claim shall not exist if gamigo finds that the possible win claim could have been created by means of manipulation of a technical or legal type and/or as a result of any criminal manipulation in general. By participating in the games provided by gamigo, the user agrees that gamigo may demand an extensive investigation into the legality of a win claim at any time and in the interim the payment of the win may be refused without the separate agreement of the user. The win claim shall also be rendered void if the user breaches the rules of conduct. In the event of any doubt, the burden of proof shall be borne by the user; the user must prove that he has acted in accordance with the rules of the games. The user is aware of the fact that he bears the burden of proof and he expressly acknowledges this even if this is not necessarily the case in law.
5. Properties of the software
5.1 gamigo hereby declares that although the games are always technologically up-to-date, it is not possible to provide any guarantees that the games will be free of errors. For this reason the user must expect that the games will not run error-free in every function. The user shall be obliged to maintain their PC in a condition fit for using the games. In particular, this requires the user's PC to fulfill the minimum system requirements of the respective game and to have available a sufficiently fast connection to the Internet.
5.2 In some online games the software or separate programs integrated in the software may be used to prevent fraud being committed by so-called “cheats” or “hacking”.
6. Claims for defects
6.1 The games offered by gamigo are subject to ongoing development and updates. Changes may occur through carrying out updates to ensure and optimize the playability. This is done with the aim of providing the users with a fun game experience for a lengthy period of time. gamigo shall thus provide the user with access to the current versions of the games and services. The user shall thus not be entitled to demand the maintenance or creation of a specific status / scope of functions of the game and / or service. Any claims for defects from the user which do not affect the game's playability per se shall not be affected.
The user must provide thorough documentation of any defects that affect the games, services or other goods or services provided by gamigo and in particular must report them in writing together with a log of any error messages which are displayed. Before reporting an error the user shall consult the game or service manual and any other assistance provided by gamigo to rectify problems (in particular lists of frequently asked questions and discussion forums relating to problems). The user must provide what support he can to assist gamigo with the rectification of any defects.
6.2 The user is advised to send all complaints to gamigo in writing (by fax, letter or e-mail) for evidence purposes.
6.3 Those errors which are caused by external influences, operating errors by the user, forces majeure or modifications or other manipulation not completed by gamigo shall be excluded from the warranty.
6.4 Guarantees in the legal sense shall not be provided by gamigo.
7. Utility right
7.1 The online games and websites are protected by current laws on copyright and intellectual property and are provided exclusively for personal use. The game must not be forwarded or transferred to third parties unless stated otherwise in these conditions of use.
7.2 gamigo shall grant the user the non-transferable and non-exclusive right to copy the online game software exclusively for his or her own use on their personal computer. This utility right shall end with the termination of the contract for playing the game concerned.
7.3 The user shall not be permitted to resell the online game software, confer rights relating to the online game software to third parties, hire them out to third parties, lease them or transfer them in any other form. Furthermore, the user shall not be permitted to add software elements to the online games or change elements of the online game software, delete such elements or modify them in any other form, unless gamigo has granted its express consent to such action. In particular the user shall not be permitted to copy, export or otherwise use graphic elements.
7.4 The transfer of a personal account or individual game characters to third parties shall require the express prior consent of gamigo. If transfers are made without prior consent, gamigo shall be entitled to give extraordinary notice of termination for an important reason.
7.5 The user shall not be permitted to bypass the technical measures in place to protect the online game software using devices, software programs or services or to disassemble, modify or restructure the online game software. If the user holds the view that he is entitled to carry out such actions so as to be able to exercise his statutory rights or right under these conditions of use, he shall be obliged to contact gamigo in advance.
8. System requirements
The minimum system requirements must be satisfied in order to be able to participate in the online games. These are set out on the game’s website. The user is advised to test the free basic version of the game – if available – on the system environment which he intends to use for the full version at a later date.
9. Other duties and obligations of the user
9.1 The user must follow the current rules of conduct at all times. In particular he shall be obliged not to post any contents with illegal or offensive contents on the online games and in particular shall not post any contents which may incite racism or hatred or glorify violence, is designed to jeopardize the moral safety of children or young people or to affect their well being or which may damage the reputation of gamigo and must also not make any mention of such contents. Furthermore, the user shall not be permitted to post commercial advertisements for products or programs supplied by third parties or any intellectual property owned by third parties which is protected by copyright or other rights without the proper authorization.
The user must declare all the information required for setting up and operating his gamer or gaming account and all the information relating to the payment of charges correctly and in full.
9.2 In the case of breaches of the above, gamigo shall be entitled to disable the user’s access to his account temporarily after first giving a warning and threatening to disable the account. A warning with the threat of blocking the account shall not be required if special circumstances apply which justify the immediate disablement of access to the account after weighing up the interests of both parties. The user shall be notified by gamigo of the reason for his account being disabled. The same shall apply in the event of any abuse of credit card use, the use of inaccurate credit card information, and also the declaration of inaccurate data for the provision of a direct debit mandate. Disabling the account shall also include that all contents and information which originated from the excluded user may be removed immediately from the database and from the websites by gamigo.
9.3 The user shall be obliged to treat all passwords which he receives from gamigo in confidence and not to provide access to them to third parties with the exception of the transfer of an account after receiving prior consent from gamigo.
If a third party uses an account owned by a user after the third party has gained knowledge of the access data because the user did not protect them sufficiently from outside access, the user must accept that, due to the risk of a lack of clarity created by him as to who was acting in the relevant account, he will be treated as if he (the user) had been acting himself and that he may be sued in the event of a breach of contract or the law.
9.4 The user shall not be authorized to use the games and services for illegal or unauthorized purposes. In particular, he shall not be entitled to use the user names and/or e-mail addresses of other users for sending unsolicited e-mails, advertisements or for other commercial purposes without the prior consent of the users concerned.
9.5 Any culpable breach of the duties listed above shall entitle gamigo to delete the information posted by the user.
9.6 In particular, gamigo shall be entitled to delete information posted by the user in full or in part or to prevent actions if there are any concrete indications that they constitute a breach of these generals terms of use, the manuals and rules for the services concerned or are otherwise illegal. This is the case, for example, for information and actions which
- are obviously offensive, racist, fanatical or glorify violence;
- harass another person or are insulting, threatening, obscene, defamatory or slanderous;
- are sexist, pornographic or otherwise of a nature that endangers young people or contain a link to a website which is not suitable for young people;
- contain false or misleading information; promote illegal behavior;
- constitute an illegal or unauthorized copy or reproduction of the work which is protected by copyright, for example by means of providing illegal computer programs or links to illegal computer programs, information for bypassing copy protection devices and illegal music copies or links to illegal music copies or breach copyright by some other means;
- include the sending of „junk mail“, „chain letters“ or unsolicited mass e-mails, instant messages, „spimming“„ or „spamming„;
- contain restricted pages or images which can only be accessed with a password or which are concealed;
- promote criminal activities or plans or contain or incite instructions for illegal activities including, but not exclusively, information for the production and purchase of weapons, child pornography, fraud, drug dealing, gambling, stalking, spamming, spimming, the distribution of computer viruses and other harmful files, copyright breaches, patent breaches or the theft of company secrets;
- require other users to declare personal data for commercial or illegal purposes or to disclose their login data;
- contain commercial activities and/or sales, for example prize competitions, raffles or drawings, exchange deals, advertisements and snowball systems;
- contain an image of another person without the consent of that person.
9.7 The user shall not be entitled to demand the reinstatement of deleted information.
9.8 In addition, gamigo shall be entitled to exclude the user from further participation in the relevant games or services and to terminate the user’s account if the conditions set out in No. B I 2 have been satisfied. gamigo expressly reserves the right to make additional claims, in particular claims for compensation.
9.9 The user shall inform gamigo if he becomes aware of any abuse of the games or services by third parties or other users (for example the distribution and transfer of contents which are prohibited in No. B I 2). The user is requested to take this action in writing (for example by e-mail) to ensure that effective intervention is possible.
10. Ban on unauthorized scripts
10.1 The games may only be used with the software („client“) provided on the game’s website or other equipment provided by gamigo or expressly acknowledged by gamigo (ban on unauthorized scripts).
10.2 It shall be strictly prohibited to change or modify the client since such action can cause problems in the games and could have serious effects on other users. It shall also be prohibited to decompile or reverse-engineer the client without the prior consent of gamigo. If the user holds the view that he is entitled to decompile the client to exercise his statutory rights or right under these conditions of use, he shall be obliged to contact gamigo in advance.
10.3 The user shall not be permitted to use programs which place an excessive load on the servers operated by gamigo. Software which systematically or automatically executes commands or functions inside the games (for example bots or macros) shall be prohibited as shall software which can be used to reproduce or analyze the games or to reproduce or analyze elements or contents of the games (apart from the contents owned by the relevant gamigo user).
10.4 The client may be updated from time to time by automatically connecting to an update service. The user is aware of this and he hereby agrees that he must allow an automatic update of this type to enable him to continue to use the games after an update.
II. Purchase of goods
1. Delivery of ordered goods
1.1 Unless agreed otherwise, the goods will be supplied from the warehouse to the address specified by the user.
1.2 The order confirmation shall be binding for the scope of the delivery. gamigo shall deliver the ordered goods within the agreed lead time. The lead time shall be extended by a reasonable period in the event of forces majeures such as, for example, unforeseeable operational, transport and shipment problems, fire damage, floods, unforeseeable energy, raw material or medial scarcities and other hindrances which are not the responsibility of gamigo (for example strikes, lock-outs and official orders). The user shall be entitled to his statutory rights.
1.3 If a third party uses an account owned by a user to order goods after he has gained knowledge of the access data because the user did not protect them sufficiently from outside access, the user must accept that, due to the risk of a lack of clarity created by him as to who was acting in the relevant account, he will be treated as if he (the user) had been acting himself and that he may be sued in the event of a breach of contract or the law.
2. Terms of payment, default, reservation of title
2.1 The purchase price shall be payable immediately unless a written agreement to the contrary is made when the order is placed. The specified purchase prices are inclusive of statutory value-added tax.
2.2 The following shall apply if gamigo issues an invoice to the user: Complaints relating to the invoice total must be reported to gamigo in writing or by e-mail without delays, but at the latest within six weeks of the date of receipt of the invoice. Failure to file objections promptly within this period shall be regarded as approval of the invoice. gamigo shall make special reference to the consequences of failing to file objections promptly.
2.3 gamigo shall accept payment using the methods of payment specified on the website of the online shop. gamigo shall be entitled to change the methods of payment it accepts at any time or to accept certain methods of payment for amounts above a certain level or for certain services. Details of the current level of any processing fee shall be set out on the website.
The following shall apply if the user selects direct debit as the method of payment: The debit amount shall be collected using the direct debit method. The direct debit mandate may be revoked at any time in writing. The user must ensure that he has sufficient funds in the account to be debited to cover the amount. The costs incurred by the inability to collect the debit shall be paid by the user.
2.4 If gamigo incurs return debit charges due to the fault of the user or a lack of funds to cover our charges and/or gamigo therefore incurs cancellation fees due to the late cancellation of direct debits, the user shall be responsible for the costs thus incurred.
2.5 gamigo shall be entitled to collect these costs together with the original payment from the user’s account by means of repeat debits. If return debits are incurred, gamigo shall charge a processing fee of EUR 9.60 per debit / EUR 30.00 for credit card payments and EUR 10.00 for other methods of payment, plus any bank charges incurred by gamigo. The user shall be permitted to prove that gamigo suffered no or lower expenses.
2.6 The user shall be obliged to provide truthful details. The details provided by the user may be checked at any time by gamigo or by the service provider commissioned by gamigo and named on the website of the game concerned to ensure that they are correct.
2.7 If the user is in default with the payment, gamigo shall be entitled to charge default interest at a rate of 5% per annum above the base interest rate fixed by the European Central Bank and a processing fee. If gamigo suffers a higher default loss, gamigo shall be entitled to claim this. The user shall be entitled in all cases to prove that no loss occurred or that the loss was lower. Additional compensation claims by gamigo shall not be affected.
2.8 The supplied goods shall remain the property of gamigo until they have been paid for in full.
3. Warranty and complaints
3.1 The statute of limitations for complaints shall be two years from the transfer of risk.
3.2. Complaints by the user shall not be accepted if the goods have been used for a purpose other than the one for which they are designed by the user or if the user has carried out modifications or interventions to the goods contrary to the operating and servicing instructions.
3.3 If the goods are defective, gamigo shall be obliged to replace or repair them. This shall not apply if gamigo is entitled to refuse to replace or repair them on the basis of statutory regulations. The user shall be obliged to provide gamigo with a reasonable period of time to replace or repair the goods.
3.4 The user shall be entitled to choose whether he requires the goods to be repaired or replaced by the delivery of perfect goods (replacement goods). If gamigo has completed two unsuccessful attempts to repair the goods, this method shall be regarded as having failed. If the replacement has failed, the user shall be entitled at his discretion to reduce the purchase price or to withdraw from the contract.
3.5 No general function guarantee can be provided for software. The warranty undertaking from gamigo shall be deemed to have been fulfilled if defective goods are functional on the user’s hardware if this hardware satisfies the minimum requirements specified on the gamigo order form. The user shall, therefore, be obliged to check the suitability of the software for his hardware in advance. gamigo cannot offer any guarantee for the normal wear and tear of the goods and for defects caused by incorrect or negligent handling or use on the part of the user, or for errors which are caused by incorrect handling, external influences or the ingress of liquids by the user.
3.6 Incorrect quantities, incorrect goods and transport damage must be reported to gamigo as quickly as possible. The user is advised to do this in writing by mail, fax or e-mail for proof purposes.
3.7 All returns of goods must be accompanied by a copy of the invoice and/or a copy of the delivery note, regardless of whether the goods are defective or the incorrect goods were delivered. In the event of a justified complaint, gamigo shall reimburse shipment costs. gamigo shall pay the costs required to deliver perfect goods or the correct goods. For goods which are returned without justification, gamigo shall reserve the right to charge the user a processing fee of EUR 15.00 plus the shipment costs incurred by gamigo. The user shall be entitled to prove that gamigo has not incurred any costs for the processing and shipment or that the costs it incurred were considerably lower.
3.8 The user is advised to provide brief details of the reason for the return on the reverse of the copy of the invoice or the delivery note which is attached to the returned goods. The user is also advised to provide his bank details which gamigo may use to transfer the reimbursement of the shipment costs and/or the value of the goods. Furthermore, the user is advised to keep the postage confirmation of an insured parcel until the reimbursement has been credited to the bank account specified by the user or held by gamigo.
3.9 In addition, the user shall be entitled to his statutory rights unless agreed to the contrary.
Hamburg, 23rd August, 2012
gamigo AG
Behringstr. 16b
22765 Hamburg, Germany
Phone: +49 (0)40-4118850
Fax: +49 (0)40-411885255
Executive board: Remco Westermann, Joachim B. Bonke
Registered office of the company: Hamburg
Court of registration: Hamburg Local Court
Registration number: HRB 105628
VAT Registration No.: DE 209069172