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A. Terms of Use
1. Definition and Range of Application
(I) GameArt Studio GmbH, Bismarckstraße 107, D-10625 Berlin (hereinafter referred to as "operator") is an operator of electronic games and websites which belong to these games (hereinafter the"application" or the "applications").
(II) Use of the applications of the operator is restricted to entertainment purposes only. Any other kind of use is not permitted.
(III) A user is any natural person who calls an application of the operator and registers an account in an application or logs into such account with user name and password.
(IV) A user account is a technical and administrative connection between the person of the user and their online identity within a certain application. By registering a user account (hereinafter "registration"), a user contract is formed between user and operator with regard to the respective application.
(V) These general standard terms (hereinafter "terms") shall be valid and apply to any contract formed between user and operator with respect to the use of a certain application. During the registration process user must declare their consent to these terms.
(VI) In addition to these terms for each application certain individual game rules shall apply. If the operator offers for certain applications means of communications, which allow users to communicate with each other, then rules, which are part of the respective game rules, shall be applicable thereto (e.g. shoutbox rules). The game rules belonging to an application shall be part of the user contract for the respective application.
(VII) The availability of the applications of the operator shall be 98% in average per annum. Time periods, during which the applications are not or not fully available for use due to technical reasons or maintenance works shall not be held against the operator and shall not be included in this availability figure.
(VIII) Operator shall be free to improve and update the applications. User shall have the right to use only the most recent version of the applications. User shall update their own system if asked so by the operator, or if such updates are necessary for any further use of the applications.
2. User accounts
(I) Precondition for use of an application is the successful registration of a user within that application with a user account. A user account is password protected. Passing on of a password of a user account is not permitted.
(II) Registration of a user account shall be done in person. An automatic registration or a registration by third parties is not permitted.
(III) If user is under age they declare by their registration that they have the permission of their legal representative to participate in the applications of the operator.
(IV) Applications may be divided in different "game worlds". User may play in multiple game worlds, if they are available and user wishes to do so; however, for each world a separate user account is necessary. Transfer of a user account between game worlds is not possible.
(V) "Account sharing“, meaning the use of a certain user account by more than one user is generally not permitted. Furthermore, every user shall user only one user account per game world, so-called "multis" are also not permitted.
(VI) To each user account belong virtual items within a certain application. User shall have the right to use them within the scope of the application. User shall not gain any property right or any other right, except the right of use, on such items.
(VII) All other rights shall rest with the operator. Any transfer of exploitation rights or other rights to the user shall not take place.
(VIII) User may delete their user account at any time either within the respective application if the technical functionality is available, or by communication to the operator. Deletion of a user account may take effect with delay due to technical or administrative reasons.
(IX) Operator shall have the right to delete or block a user account at any time if user counteract to these terms or the game rules. Blocking of user accounts may be temporary or unlimited at the discretion of the operator.
3. Rules of usage
(I) Login into a user account shall be allowed only through the start page of the respective application. Automatic opening of the user account shall not be allowed, independent of the start page being displayed or not.
(II) If an application requires installation of a software on user side ("client"), operator shall grant user the right to install and use the necessary client software. Use of client software is restricted to the game within the limits set by the game rules of the application. Any other form of use or modification of the client is not permitted (e.g. decompilation, modification and such). User shall use the most recent client only.
(III) User shall not use the applications of the operator with other programs except those intended for such purpose (e.g. web browser or client). Any use of bots, tools, scripts or other programs, which substitute or extend the user interface is not permitted. Use of any kind of fully or partially automated programs, which might provide user a possible advantage against other users, or which could endanger the stability of the application, are not permitted. User must not block, overwrite or modify content.
(IV) All content within the applications (texts, graphics, images and video, sounds and sound sequences, program code) are copyright protected. User must respect the corresponding rights of the operator and third parties within the range of the application.
(V) For all means of publication and communication within the application the following stipulation shall hold: All content published by user may be visible worldwide by third parties. By their publishing user declare their consent to this regulation.
(VI) User shall respect the rights of personality and the copyright of third parties. Any publication of content that harms third parties, or that offends the political or religious feelings of third parties is not permitted. Any use of protected names, terms, images and such is also not permitted.
4. User fees
(I) The applications of the operator are generally free to play. User fees shall be payable for the use of optional or extended functionalities of the application. The fees payable by the user for the services of the operator are set forth in the descriptions of each application.
(II) Operator shall be free to offer different models for the calculation of user fees (e.g. "premium tickets", "premium currency"), which may differ by application. Operator shall have the right to ask prepayment of user fees. User fees may be payable in advance for a certain time of use or for the permanent or the temporary availability of certain functionalities of the application.
(III) The payment of user fees has to be processed by the user and solely in the way set forth by the operator in each application. A transfer of rights user has acquired by payment of user fees, to third parties, shall be permitted only if expressly set forth and supported by the options of the corresponding application, or if permitted by the operator. User shall have no claim of transfer of rights acquired by payment of user fees to third parties beyond the one offered within the range of the options of the respective application.
(IV) For all user fees paid by underage users the following provision shall hold: All means paid for such use have been provided to the user by their legal representative for this scope or to the free use of user.
(V) Operator shall have the right to make the application as a whole or any part of it payable at any time.
(VI) In case of termination of a user agreement by the operator, that is not caused by the user, or in case that operator stops operating the application as a whole, user shall be entitled to a refund of user fees paid which have not yet been used for unlocking an optional or extended functionality of the operations, or which have not yet been - insofar possible - transferred to third parties. Transfer of rights of use of an optional or extended functionality of the application, acquired by user by payment of user fees, by the user to third parties, shall be treated with regard to a refund like the use of an optional or extended functionality of the application by the user.
5. Revocation Instruction
Right of revocation:
You may revoke your contractual declaration within 14 days in writing (e.g. letter, fax, email) without giving any reasons. This time period begins upon receipt of this revocation instruction in writing, but not before closure of the contract, and also not before fulfillment of our obligation to inform you as set forth in Article 246 § 2 in connection with § 1 par. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations according to § 312g par. 1 clause 1 BGB (German Civil Code) in connection with Article 246 § 3 EGBGB (Introductory Act to the German Civil Code). The time period for your revocation shall be deemed observed if it has been dispatched in time. The revocation shall be addressed to:
GameArt Studio GmbH
Bismarckstraße 107
D-10625 Berlin
Consequences of a revocation:
In case of an effective revocation, services received by each party shall be returned and, if applicable, all benefits (e.g. interest) returned. If you are unable to return the services received and the benefits thereof (e.g. benefits of usage), either partially or in whole, or only in deteriorated condition, you shall insofar compensate us accordingly. This may have the result that you have to fulfill your financial obligations until the time of your revocation anyway. Obligations of refund of payments must be fulfilled within 30 days. This time period begins for you with dispatch of your declaration of revocation and for us with the receipt of your declaration.
Special remarks:
Your right of revocation expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of revocation.
End of the instruction on revocation
6. Communication / Messages
(I) Operator will send messages to the user. This will be performed through the communications platform of the application or via email. User declares their consent to these forms of message delivery.
(II) These messages may contain in addition to important news, recent developments or technical game innovations in an application also hints to special offers or other services or products offered by the operator.
(III) User shall keep their email, deposed at the operator for such purpose, always up-to-date and read the messages sent thereto on a regular basis.
7. Liability
(I) User shall be liable for all damages suffered by the operator arising from user breaching or ignoring these general standard terms or the game rules.
(II) Furthermore, user shall be liable for all damages arising from any violation of the rights of third parties by actions of the user. User shall be in person and directly liable towards third parties. User shall redeem operator from all claims for which user is accountable, brought forward against the operator by other users or third parties. In such case all legal costs shall be included.
(III) If user incurs a damage caused by an event arising from a service of the operator, that is provided free of charge, the following provision shall hold: Operator shall be liable towards user only for compensation of damages arising from gross negligence or malicious intent.
(IV) For damages arising from an event that was subject to a user fee, operator shall be liable also only if the damages arise from gross negligence or malicious intent. In such case operator shall also be liable for damages from slight negligence, if they arise from breach of an essential contractual obligation, or if operator is in default or in impossibility of performance. Liability from breach of an essential contractual obligation shall be limited to the typical contractual damage operator had to calculate with at time of closure of contract, based on the circumstances at that time. Essential contractual obligations shall be such obligations, which allow for an orderly performance of the contract and the attainment of its scope, and on whose fulfillment user may rely on. There shall be no limitation or restriction of the liability of the operator for damages which are caused by an event that was subject to a user fee, if damages arise from malicious intent, harm of life, body or health.
8. Amendment clause
(I) Operator shall have the right to amend or extend these general standard terms at any time. In general announcement of the new general standard terms shall occur through publication on the internet pages of the operator under the menu items provided therefore. Any change or extension of the general standard terms will be additionally communicated to the user through a message. Operator shall have the right to decide at his discretion how he informs user about the new general standard terms.
(II) User shall have a term of 14 days after publication to controvert the new terms of use. If user does not controvert tho the new terms of use within that time period, the new terms of use shall become effective in full force. If user controverts in due time, operator shall have the right to terminate the agreement to the time when the new terms of use were to take effect in full force.
9. Data protection
(I) Personal data of the user are only collected, processed or used, if user have declared their consent or if the Federal Data Privacy Act (Bundesdatenschutzgesetz (BDSG)), the Telemedia Act (Telemediengesetz (TMG)) or another law allows or requires that.
(II) Operator will store only such user data, which are necessary for the use of the application, the observation of the terms of use and the game rules. In this respect, IP address and email provided during the registration will be stored. Besides that, operator will also store all data provided by the user on a voluntary basis with their user account. More details on the storage of these and other data is set forth in the data protection declaration of the operator that is published on the internet pages of the respective application.
(III) Operator reserves the right to provide third parties with data related to user accounts or the person of the user, if this is useful for the pursuit of the interest of the operator, or for the avoidance of harm or dangers on the side of the operator, or appropriate for the execution of governmental duties of a governmental institution within the range of their legal duties. Any provision of data related to user accounts or the person of the user shall not occur.(IV) User shall have no claim that applications used by user, his user account or any content published by the user through the instruments of communication and publication of the applications (texts, images and such) shall be stored or remain stored. Operator shall have the right to delete any content operator gets knowledge of, generated by the user during their use of an application, if this content is offending, illegal or harming the rights of third parties.
10. Applicable Law
For all legal matters with respect to the contractual relationship between operator and user German law shall exclusively apply. Place of jurisdiction shall be at the headquarters of the operator.
B. Privacy Policy Statement
Applicability
This Privacy Policy will provide information about which personal data is collected and how it is processed and used by GameArt Studio GmbH, represented by managing director Gonglei Xie, Bismarckstr. 107, 10625 Berlin, Germany (kontakt@gameartstudio.de, no support!), on this weg page (in the following also referred to as “service”).
Access data/Logfiles
GameArt Studio collects data about every access to their web pages (also known as server log files). This data contains:
Name of the web page
Date and time of access
Browser name and version
File name
Report of successful access
User operating system
Referral-URL
IP-adress
Provider that routed the request
GameArt Studio uses this data solely for statistical analysis to secure the operation, safety and optimization of the service. GameArt Studio reserves the right to investigate the gathered data in case of suspected unlawful use of the service.
Handling of personal data
Personal data are informations that can be attributed to a person, i.e. name, email, phone number as well as hobbies, memberships or visited websites. Personal data is only collected and used if it permitted by law or if the user consents to the use of his personal data.
Registration
The data collected during the registration process is used to access the service. The users may receive information relevant to the service or registration by email, like changes of the service or technical issues. It is evident from the registration form which personal data is collected: email and user name.
Contact
When contacting GameArt Studio by email or the contact form the entered data is stored to answer the request and any follow up mails.
Cookies
When users access the service one or more cookies are saved on the users device. A cookie is a small file that contains a text string and that uniquely identifies the users browser. Cookies are used to increase the comfort and quality of the service, for example by saving the users interface settings. Cookies do not harm the device they are stored on and do not contain viruses. The service can not be used without cookies. The user can deactivate cookies in their browser, restrict them to certain web sites or get notified by their browser every time a cookie is about to be saved. The user can delete all cookies at any time via the privacy settings of his browser. Doing this will limit the features and usability of the service.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on the users computer, to help the website analyze how users use the site. The information generated by the cookie about the users use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
If IP anonymisation is activated on this website, the users IP address will be shortened beforehand by Google within member states of the European Union or other contracting states to the Treaty on the European Economic Area. The full IP address will be transmitted to a Google server in the USA and shortened there only on an exceptional basis. IP anonymisation is activated on this website. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google will not associate the users IP address with any other data held by Google. The user may refuse the use of cookies by selecting the appropriate settings on his browser, however the user should note that if he does so he may not be able to use the full functionality of this website. By using this website, the user consents to the processing of data about him by Google in the manner and for the purposes set out above. The user may also prevent the collection and processing of the data generated by the cookie and relating to his use of this website (incl. the IP address) by Google by downloading and installing the browser plug-in, which is available under the following link: [http://tools.google.com/dlpage/gaoptout?hl=de].
Google AdSense
This site uses Google AdSense, a service for including advertisements from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States("Google"). Google AdSense uses cookies, text files that are stored on the users computer and that allow to analyze the use of the site. Google AdSense uses so-called web beacons (invisible images). Through this web beacons, information such as the visitor traffic will be evaluated on these pages. The information collected by cookies and web beacons on this website (including the users IP address) and the delivery of advertising formats are sent to a Google server in the USA and stored there. This information can be sent from Google to contractors of Google. Google will not associate the users IP address with any other data held by Google. The user may prevent the use of cookies by changing the settings on his browser. Doing this will constrain the features and usability of the service. By using this website, the user consents to the processing of data by Google in the manner and for the purpose described above.
+1-Button of Google+
This site uses Googles “+1”-Button of the social network Google+ from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States("Google"). The button can be recognized by the “+1”-symbol on a white or coloured background.
If the user opens a page of this web site that contains the “+1”-Button the browser will establish a direct connection to the servers of Google. The content of the “+1”-Button is transferred from Google to the users browser and displayed on the web page. GameArt Studio has no influence over the amount of data Google gathers with the “+1”-Button. According to Google no personal data will be transmitted without clicking on the “+1”-Button. Only for registered and logged in members of Google+ personal data like the IP address gets collected and processed.
The amount and purpose of the data collection and processing by Google, as well as the users rights and privacy settings can be looked up at Googles privacy policy ( http://www.google.com/intl/de/+/policy/+1button.html) and FAQ (http://bit.ly/r3Qmer)
Usage of Facebook Social Plugins
This site uses social plugins of the social network facebook.com from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“facebook”). The plugins can be recognized by facebooks logo (an white “f” on blue ground or the “Thumbs Up”-button) or a marked by the addition of “Facebook Social Plugin”. The complete list of the Facebook Social Plugins can be viewed here: http://developers.facebook.com/plugins.
If the user opens a page of this web site that contains one of these plugins the browser will establish a direct connection to the servers of facebook. The content of the plugins is transferred from Google to the users browser and displayed on the web page. GameArt Studio has no influence over the amount of data facebook gathers with their plugins and informs the user according of its state of knowledge:
By integrating the plugins facebook gets the information, that the user has visited the web page. If the user is logged into his facebook account, facebook can associate the visit to his facebook account. If the user interacts with the plugins (for example: clicking on the like-button or commenting) the information about the interaction is sent directly by the users browser to facebook and stored there. If a user is not registered to facebook, facebook can still know and store the IP address. According to facebook only anonymized IP addresses are saved in Germany.
The amount and purpose of the data collection and processing by facebook, as well as the users rights and privacy settings can be looked up at facebooks privacy policy: http://www.facebook.com/policy.php.
If the user has a facebook account and does not wish that by using the service facebook gathers data about him and associates it with his facebook account, he has to log out of his facebook account before visiting the services web site. The user can also block the plugins by using browser addons like “Facebook Blocker”.
Withdrawal of consent, changes, corrections and updates
The user has the right to request informations about the personal data that has been gathered by the service. The user can also request the correction of inaccurate data and the deletion of his personal as long as no legal duty to preserve records applies.
1. Definition and Range of Application
(I) GameArt Studio GmbH, Bismarckstraße 107, D-10625 Berlin (hereinafter referred to as "operator") is an operator of electronic games and websites which belong to these games (hereinafter the"application" or the "applications").
(II) Use of the applications of the operator is restricted to entertainment purposes only. Any other kind of use is not permitted.
(III) A user is any natural person who calls an application of the operator and registers an account in an application or logs into such account with user name and password.
(IV) A user account is a technical and administrative connection between the person of the user and their online identity within a certain application. By registering a user account (hereinafter "registration"), a user contract is formed between user and operator with regard to the respective application.
(V) These general standard terms (hereinafter "terms") shall be valid and apply to any contract formed between user and operator with respect to the use of a certain application. During the registration process user must declare their consent to these terms.
(VI) In addition to these terms for each application certain individual game rules shall apply. If the operator offers for certain applications means of communications, which allow users to communicate with each other, then rules, which are part of the respective game rules, shall be applicable thereto (e.g. shoutbox rules). The game rules belonging to an application shall be part of the user contract for the respective application.
(VII) The availability of the applications of the operator shall be 98% in average per annum. Time periods, during which the applications are not or not fully available for use due to technical reasons or maintenance works shall not be held against the operator and shall not be included in this availability figure.
(VIII) Operator shall be free to improve and update the applications. User shall have the right to use only the most recent version of the applications. User shall update their own system if asked so by the operator, or if such updates are necessary for any further use of the applications.
2. User accounts
(I) Precondition for use of an application is the successful registration of a user within that application with a user account. A user account is password protected. Passing on of a password of a user account is not permitted.
(II) Registration of a user account shall be done in person. An automatic registration or a registration by third parties is not permitted.
(III) If user is under age they declare by their registration that they have the permission of their legal representative to participate in the applications of the operator.
(IV) Applications may be divided in different "game worlds". User may play in multiple game worlds, if they are available and user wishes to do so; however, for each world a separate user account is necessary. Transfer of a user account between game worlds is not possible.
(V) "Account sharing“, meaning the use of a certain user account by more than one user is generally not permitted. Furthermore, every user shall user only one user account per game world, so-called "multis" are also not permitted.
(VI) To each user account belong virtual items within a certain application. User shall have the right to use them within the scope of the application. User shall not gain any property right or any other right, except the right of use, on such items.
(VII) All other rights shall rest with the operator. Any transfer of exploitation rights or other rights to the user shall not take place.
(VIII) User may delete their user account at any time either within the respective application if the technical functionality is available, or by communication to the operator. Deletion of a user account may take effect with delay due to technical or administrative reasons.
(IX) Operator shall have the right to delete or block a user account at any time if user counteract to these terms or the game rules. Blocking of user accounts may be temporary or unlimited at the discretion of the operator.
3. Rules of usage
(I) Login into a user account shall be allowed only through the start page of the respective application. Automatic opening of the user account shall not be allowed, independent of the start page being displayed or not.
(II) If an application requires installation of a software on user side ("client"), operator shall grant user the right to install and use the necessary client software. Use of client software is restricted to the game within the limits set by the game rules of the application. Any other form of use or modification of the client is not permitted (e.g. decompilation, modification and such). User shall use the most recent client only.
(III) User shall not use the applications of the operator with other programs except those intended for such purpose (e.g. web browser or client). Any use of bots, tools, scripts or other programs, which substitute or extend the user interface is not permitted. Use of any kind of fully or partially automated programs, which might provide user a possible advantage against other users, or which could endanger the stability of the application, are not permitted. User must not block, overwrite or modify content.
(IV) All content within the applications (texts, graphics, images and video, sounds and sound sequences, program code) are copyright protected. User must respect the corresponding rights of the operator and third parties within the range of the application.
(V) For all means of publication and communication within the application the following stipulation shall hold: All content published by user may be visible worldwide by third parties. By their publishing user declare their consent to this regulation.
(VI) User shall respect the rights of personality and the copyright of third parties. Any publication of content that harms third parties, or that offends the political or religious feelings of third parties is not permitted. Any use of protected names, terms, images and such is also not permitted.
4. User fees
(I) The applications of the operator are generally free to play. User fees shall be payable for the use of optional or extended functionalities of the application. The fees payable by the user for the services of the operator are set forth in the descriptions of each application.
(II) Operator shall be free to offer different models for the calculation of user fees (e.g. "premium tickets", "premium currency"), which may differ by application. Operator shall have the right to ask prepayment of user fees. User fees may be payable in advance for a certain time of use or for the permanent or the temporary availability of certain functionalities of the application.
(III) The payment of user fees has to be processed by the user and solely in the way set forth by the operator in each application. A transfer of rights user has acquired by payment of user fees, to third parties, shall be permitted only if expressly set forth and supported by the options of the corresponding application, or if permitted by the operator. User shall have no claim of transfer of rights acquired by payment of user fees to third parties beyond the one offered within the range of the options of the respective application.
(IV) For all user fees paid by underage users the following provision shall hold: All means paid for such use have been provided to the user by their legal representative for this scope or to the free use of user.
(V) Operator shall have the right to make the application as a whole or any part of it payable at any time.
(VI) In case of termination of a user agreement by the operator, that is not caused by the user, or in case that operator stops operating the application as a whole, user shall be entitled to a refund of user fees paid which have not yet been used for unlocking an optional or extended functionality of the operations, or which have not yet been - insofar possible - transferred to third parties. Transfer of rights of use of an optional or extended functionality of the application, acquired by user by payment of user fees, by the user to third parties, shall be treated with regard to a refund like the use of an optional or extended functionality of the application by the user.
5. Revocation Instruction
Right of revocation:
You may revoke your contractual declaration within 14 days in writing (e.g. letter, fax, email) without giving any reasons. This time period begins upon receipt of this revocation instruction in writing, but not before closure of the contract, and also not before fulfillment of our obligation to inform you as set forth in Article 246 § 2 in connection with § 1 par. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations according to § 312g par. 1 clause 1 BGB (German Civil Code) in connection with Article 246 § 3 EGBGB (Introductory Act to the German Civil Code). The time period for your revocation shall be deemed observed if it has been dispatched in time. The revocation shall be addressed to:
GameArt Studio GmbH
Bismarckstraße 107
D-10625 Berlin
Consequences of a revocation:
In case of an effective revocation, services received by each party shall be returned and, if applicable, all benefits (e.g. interest) returned. If you are unable to return the services received and the benefits thereof (e.g. benefits of usage), either partially or in whole, or only in deteriorated condition, you shall insofar compensate us accordingly. This may have the result that you have to fulfill your financial obligations until the time of your revocation anyway. Obligations of refund of payments must be fulfilled within 30 days. This time period begins for you with dispatch of your declaration of revocation and for us with the receipt of your declaration.
Special remarks:
Your right of revocation expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of revocation.
End of the instruction on revocation
6. Communication / Messages
(I) Operator will send messages to the user. This will be performed through the communications platform of the application or via email. User declares their consent to these forms of message delivery.
(II) These messages may contain in addition to important news, recent developments or technical game innovations in an application also hints to special offers or other services or products offered by the operator.
(III) User shall keep their email, deposed at the operator for such purpose, always up-to-date and read the messages sent thereto on a regular basis.
7. Liability
(I) User shall be liable for all damages suffered by the operator arising from user breaching or ignoring these general standard terms or the game rules.
(II) Furthermore, user shall be liable for all damages arising from any violation of the rights of third parties by actions of the user. User shall be in person and directly liable towards third parties. User shall redeem operator from all claims for which user is accountable, brought forward against the operator by other users or third parties. In such case all legal costs shall be included.
(III) If user incurs a damage caused by an event arising from a service of the operator, that is provided free of charge, the following provision shall hold: Operator shall be liable towards user only for compensation of damages arising from gross negligence or malicious intent.
(IV) For damages arising from an event that was subject to a user fee, operator shall be liable also only if the damages arise from gross negligence or malicious intent. In such case operator shall also be liable for damages from slight negligence, if they arise from breach of an essential contractual obligation, or if operator is in default or in impossibility of performance. Liability from breach of an essential contractual obligation shall be limited to the typical contractual damage operator had to calculate with at time of closure of contract, based on the circumstances at that time. Essential contractual obligations shall be such obligations, which allow for an orderly performance of the contract and the attainment of its scope, and on whose fulfillment user may rely on. There shall be no limitation or restriction of the liability of the operator for damages which are caused by an event that was subject to a user fee, if damages arise from malicious intent, harm of life, body or health.
8. Amendment clause
(I) Operator shall have the right to amend or extend these general standard terms at any time. In general announcement of the new general standard terms shall occur through publication on the internet pages of the operator under the menu items provided therefore. Any change or extension of the general standard terms will be additionally communicated to the user through a message. Operator shall have the right to decide at his discretion how he informs user about the new general standard terms.
(II) User shall have a term of 14 days after publication to controvert the new terms of use. If user does not controvert tho the new terms of use within that time period, the new terms of use shall become effective in full force. If user controverts in due time, operator shall have the right to terminate the agreement to the time when the new terms of use were to take effect in full force.
9. Data protection
(I) Personal data of the user are only collected, processed or used, if user have declared their consent or if the Federal Data Privacy Act (Bundesdatenschutzgesetz (BDSG)), the Telemedia Act (Telemediengesetz (TMG)) or another law allows or requires that.
(II) Operator will store only such user data, which are necessary for the use of the application, the observation of the terms of use and the game rules. In this respect, IP address and email provided during the registration will be stored. Besides that, operator will also store all data provided by the user on a voluntary basis with their user account. More details on the storage of these and other data is set forth in the data protection declaration of the operator that is published on the internet pages of the respective application.
(III) Operator reserves the right to provide third parties with data related to user accounts or the person of the user, if this is useful for the pursuit of the interest of the operator, or for the avoidance of harm or dangers on the side of the operator, or appropriate for the execution of governmental duties of a governmental institution within the range of their legal duties. Any provision of data related to user accounts or the person of the user shall not occur.(IV) User shall have no claim that applications used by user, his user account or any content published by the user through the instruments of communication and publication of the applications (texts, images and such) shall be stored or remain stored. Operator shall have the right to delete any content operator gets knowledge of, generated by the user during their use of an application, if this content is offending, illegal or harming the rights of third parties.
10. Applicable Law
For all legal matters with respect to the contractual relationship between operator and user German law shall exclusively apply. Place of jurisdiction shall be at the headquarters of the operator.
B. Privacy Policy Statement
Applicability
This Privacy Policy will provide information about which personal data is collected and how it is processed and used by GameArt Studio GmbH, represented by managing director Gonglei Xie, Bismarckstr. 107, 10625 Berlin, Germany (kontakt@gameartstudio.de, no support!), on this weg page (in the following also referred to as “service”).
Access data/Logfiles
GameArt Studio collects data about every access to their web pages (also known as server log files). This data contains:
Name of the web page
Date and time of access
Browser name and version
File name
Report of successful access
User operating system
Referral-URL
IP-adress
Provider that routed the request
GameArt Studio uses this data solely for statistical analysis to secure the operation, safety and optimization of the service. GameArt Studio reserves the right to investigate the gathered data in case of suspected unlawful use of the service.
Handling of personal data
Personal data are informations that can be attributed to a person, i.e. name, email, phone number as well as hobbies, memberships or visited websites. Personal data is only collected and used if it permitted by law or if the user consents to the use of his personal data.
Registration
The data collected during the registration process is used to access the service. The users may receive information relevant to the service or registration by email, like changes of the service or technical issues. It is evident from the registration form which personal data is collected: email and user name.
Contact
When contacting GameArt Studio by email or the contact form the entered data is stored to answer the request and any follow up mails.
Cookies
When users access the service one or more cookies are saved on the users device. A cookie is a small file that contains a text string and that uniquely identifies the users browser. Cookies are used to increase the comfort and quality of the service, for example by saving the users interface settings. Cookies do not harm the device they are stored on and do not contain viruses. The service can not be used without cookies. The user can deactivate cookies in their browser, restrict them to certain web sites or get notified by their browser every time a cookie is about to be saved. The user can delete all cookies at any time via the privacy settings of his browser. Doing this will limit the features and usability of the service.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on the users computer, to help the website analyze how users use the site. The information generated by the cookie about the users use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
If IP anonymisation is activated on this website, the users IP address will be shortened beforehand by Google within member states of the European Union or other contracting states to the Treaty on the European Economic Area. The full IP address will be transmitted to a Google server in the USA and shortened there only on an exceptional basis. IP anonymisation is activated on this website. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google will not associate the users IP address with any other data held by Google. The user may refuse the use of cookies by selecting the appropriate settings on his browser, however the user should note that if he does so he may not be able to use the full functionality of this website. By using this website, the user consents to the processing of data about him by Google in the manner and for the purposes set out above. The user may also prevent the collection and processing of the data generated by the cookie and relating to his use of this website (incl. the IP address) by Google by downloading and installing the browser plug-in, which is available under the following link: [http://tools.google.com/dlpage/gaoptout?hl=de].
Google AdSense
This site uses Google AdSense, a service for including advertisements from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States("Google"). Google AdSense uses cookies, text files that are stored on the users computer and that allow to analyze the use of the site. Google AdSense uses so-called web beacons (invisible images). Through this web beacons, information such as the visitor traffic will be evaluated on these pages. The information collected by cookies and web beacons on this website (including the users IP address) and the delivery of advertising formats are sent to a Google server in the USA and stored there. This information can be sent from Google to contractors of Google. Google will not associate the users IP address with any other data held by Google. The user may prevent the use of cookies by changing the settings on his browser. Doing this will constrain the features and usability of the service. By using this website, the user consents to the processing of data by Google in the manner and for the purpose described above.
+1-Button of Google+
This site uses Googles “+1”-Button of the social network Google+ from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States("Google"). The button can be recognized by the “+1”-symbol on a white or coloured background.
If the user opens a page of this web site that contains the “+1”-Button the browser will establish a direct connection to the servers of Google. The content of the “+1”-Button is transferred from Google to the users browser and displayed on the web page. GameArt Studio has no influence over the amount of data Google gathers with the “+1”-Button. According to Google no personal data will be transmitted without clicking on the “+1”-Button. Only for registered and logged in members of Google+ personal data like the IP address gets collected and processed.
The amount and purpose of the data collection and processing by Google, as well as the users rights and privacy settings can be looked up at Googles privacy policy ( http://www.google.com/intl/de/+/policy/+1button.html) and FAQ (http://bit.ly/r3Qmer)
Usage of Facebook Social Plugins
This site uses social plugins of the social network facebook.com from Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“facebook”). The plugins can be recognized by facebooks logo (an white “f” on blue ground or the “Thumbs Up”-button) or a marked by the addition of “Facebook Social Plugin”. The complete list of the Facebook Social Plugins can be viewed here: http://developers.facebook.com/plugins.
If the user opens a page of this web site that contains one of these plugins the browser will establish a direct connection to the servers of facebook. The content of the plugins is transferred from Google to the users browser and displayed on the web page. GameArt Studio has no influence over the amount of data facebook gathers with their plugins and informs the user according of its state of knowledge:
By integrating the plugins facebook gets the information, that the user has visited the web page. If the user is logged into his facebook account, facebook can associate the visit to his facebook account. If the user interacts with the plugins (for example: clicking on the like-button or commenting) the information about the interaction is sent directly by the users browser to facebook and stored there. If a user is not registered to facebook, facebook can still know and store the IP address. According to facebook only anonymized IP addresses are saved in Germany.
The amount and purpose of the data collection and processing by facebook, as well as the users rights and privacy settings can be looked up at facebooks privacy policy: http://www.facebook.com/policy.php.
If the user has a facebook account and does not wish that by using the service facebook gathers data about him and associates it with his facebook account, he has to log out of his facebook account before visiting the services web site. The user can also block the plugins by using browser addons like “Facebook Blocker”.
Withdrawal of consent, changes, corrections and updates
The user has the right to request informations about the personal data that has been gathered by the service. The user can also request the correction of inaccurate data and the deletion of his personal as long as no legal duty to preserve records applies.