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Privacy Policy: http://www.the-exiled.co/privacy
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User Agreement for „The Exiled“
1. Scope of license
1.1 Fairytale Distillery UG (haftungsbeschränkt / with limited liability) (“Fairytale Distillery”) provides the online Game “The Exiled” (“Game”) for use on the platforms detailed in the product description.
The use of the Game is exclusively governed by the terms of this user agreement (“User Agreement”).
General terms and conditions of the customer (“User”) do not apply. We reject their inclusion in this User Agreement expressly.
This User Agreement is an agreement between the User and Fairytale Distillery UG (haftungsbeschränkt / with limited liability), c/o Sebastian Dorda, Birkengrund 4, 85298 Scheyern.
1.2 This User Agreement can be found at, downloaded and stored from the following address: http://www.the-exiled.co/eula/.
2. Subject-matter of the contract
2.1 Subject-matter of this User Agreement is the use of the Game and rules of conduct for the Users.
2.2 Fairytale Distillery voluntarily provides a platform where Users can communicate among each other and/or e.g. publish their own content (the “Community-Platform”). The Community-Platform is expressively not content of this User Agreement. For this reason the Community-Platform can be changed, extended or removed at any time. The use of this Community-Platform is governed by this User Agreement.
2.3 Fairytale Distillery shall use commercially reasonable efforts keep the Game constantly available and free of defects. Nothing herein shall be deemed a warranty of an availability of more than 95 % on average during one year. Such unavailability does not include any planned maintenance works or other reasons for which Fairytale Distillery is not responsible.
This average availability does not apply for test servers. Fairytale Distillery is also entitled to provide servers which are only accessible during certain time periods. In this case the general availability is calculated on the planned access times for those servers.
2.4 Users are not entitled to individual functions within the Game (“features”) as of the version which existed at the time of the conclusion of the contract. Fairytale Distillery reserves the right to change or to remove any features at any time without notice for any reason. This includes in particular an adaptation of the rules of the Game and a further development of the story.
2.5 The Game is only playable online. Internet access (not supplied by Fairytale Distillery) is required at all times to play. The costs and fees for your Internet access depends on your individual contracts between you and your mobile or internet service provider.
3. Registration and Conclusion of Contract
3.1 To play “The Exiled” and to use the Community Platform, the User has to establish a valid account for the Game through the Steam platform.
3.2 The Game is only intended for an individual, natural person who is an adult and consumer in terms of § 13 BGB (German Civil Code). Corporate entities or groups of persons are excluded from the registration, unless otherwise agreed. The use of the Game for commercial purposes is expressly forbidden. Minors are only entitled to register and use the Game with the expressed consent of their parent(s) or guardian(s). Fairytale Distillery is entitled to demand a written consent of the parent(s) or guardian(s) from any minor at any time. Until receipt of this confirmation Fairytale Distillery can block access to the account.
3.3 By accepting this User Agreement the User represents and warrants the correctness and completeness of information and declarations provided. Furthermore, the Users assure that they are an adult or if they are a minor, they obtained the approval of their parent(s) or guardian(s). The User has to inform Fairytale Distillery about changes concerning the data used for the application.
3.4 Users who have acquired starter packages with special benefits, items or other specials for the Game by pre-order from a third-party-supplier must contact supporters@fairydist.com from the same E-mail-Address they used for the purchase of the starter packages in order to access the starter packages.
This does not apply if the Users received access-codes from the third-party-supplier. Any access-code is a voucher for the individual User and can be only used once.
4. Obligations of the Users
4.1 From time to time Fairytale Distillery will establish guidelines and rules of conduct for the Game and the Community-Platform which should assure an amicable and harmoniously interaction of all Users. The User will be informed by updating the forum posts specifying these rules. The above mentioned guidelines and rules of conduct are not an integral part of this User Agreement. Nevertheless every User has to obey and accept these rules while using the Game.
4.2 The User commits himself to not disclose passwords or access data received from Fairytale Distillery to any third party. The User is obligated to inform Fairytale Distillery immediately, if he assumes or knows that a third party has knowledge about his password or access data. After becoming aware of the potential unauthorized access, Fairytale Distillery is authorized but not obliged to block the account or to change the access data. Fairytale Distillery may block the account at its reasonable discretion as long as it is necessary for the protection of the User, the discovery of facts and the protection and safety of the Game. Fairytale Distillery will inform the User of its decision. If a third-party becomes aware of the User´s access data because of deliberate or gross negligent acts of the User, the User will be liable for damages against Fairytale Distillery. The User is authorized to grant access to the Game itself to any third-party without disclosing the password or access data. The User shall be liable for the conduct of any third-party whom he granted the access. A transfer of the account is prohibited.
4.3 The User is prohibited from any activities that are detrimental to the Game´s or Community Platform´s functionality and its infrastructure, or damage the orderly conduction of Game, particularly to overly stress technical capacities. He is also prohibited to use mechanism, software or scripts which could give the User an unfair advantage over the other Users. The use of technical devices, software, scripts and other mechanism which could enable the automation of the gameplay and /or the Game control or the automatic plotting of the gameplay is also prohibited. The User is bound to not use knowledge about programming errors for their own purposes. The User is bound to inform Fairytale Distillery about every known programming error.
5. User Generated Content
5.1 The Users are fully responsible for content, data and information, they publish or exchange while using the Game or the Community Platform (“user generated content”), e.g. using chats as part of the Game or as contributions to the Community Platform. Fairytale Distillery is not required to review the correctness or lawfulness of the user generated content. Once Fairytale Distillery becomes aware of illegal or infringing content, Fairytale Distillery may in its sole discretion block or delete such content. The User has no right to demand continued storage, preservation or unchanged publication of user-generated content.
5.2 The User agrees not to publish or to transmit user generated content in the Game or the Community Platform which violates the applicable law or this User Agreement. This includes any content that is libelous, defamatory, sexist, pornographic, racist and content violating the applicable youth protection laws or any other content that, in the discretion of Fairytale Distillery, can be seen as morally reprehensible or offensive. The User is also prohibited from (a) harassing other Users for example by sending spam mails, chain letters or unsolicited advertising, (b) using proprietary content (e.g. trademark law, patent law, design right or copyright) or promote goods or services, to offer or sell, without being entitled to do so or © practices considered unfair competition or to promote such practices or (d) using the Game or the Community Platform for commercial communications or advertising.
5.3 With the making content available using the Game or the Community Platform, the User grants Fairytale Distillery a non-exclusive, unrestricted, transferrable, royalty-free right to use the user-generated content. This entails the right to use the user-generated content within the scope of the Game, the Community Platform, any products related thereto and their advertisements. In particular, Fairytale Distillery is entitled to make, in connection to the Game, user-generated content accessible to the public, to perform, reproduce, edit and distribute it.
6. Liability of Fairytale Distillery
6.1 Fairytale Distillery shall only be liable without limitation for any damages arising from injury to life, body and health as well as for deliberately and grossly negligent behavior. The liability under the Product Liability Act or the Telecommunication Act remains unaffected.
6.2 In the case of slight negligence, Fairytale Distillery shall only be liable for breach of an obligation whose fulfillment is essential to the proper fulfillment of the contract, the breach of which endangers the purpose of the contract and which the User is entitled to trust that is will be upheld. Claims for damages are limited in this case to the amount of the typically predictable damage.
6.3 The limitation of liability also applies to all officers, employees and agents of Fairytale Distillery.
7. Term and Termination
7.1 The contracts between Fairytale Distillery and the User are concluded for an indefinite time, unless expressly agreed otherwise.
7.2 The parties may terminate the contract regarding the Games of Fairytale Distillery any time without notice.
7.3 The User can terminate the contract by specifying their Steam account name to support@fairydist.com.
7.4 The right to terminate the agreement due to cause remains unaffected. Such cause includes the case if a User violates this agreement and/ or the rules of the Game or the rules of conducts, or in case of general misbehavior. Depending on the individual breach by the User Fairytale Distillery is entitled either to terminate the contract directly or to issue a warning to the User.
7.5 In case of termination Fairytale Distillery is entitled to delete all user data with respect to the Game and the company’s Privacy Policy.
8. Data Privacy
8.1 Fairytale Distillery collects, processes and uses the personal data of its Users exclusively for the fulfillment of this agreement and providing the Game service. In addition, Fairytale Distillery maintains records of the individual actions of the User in the context of the use of Game. These log files are used exclusively to process support requests of the User and to monitoring the compliance the rules of this Game and these terms and conditions and to ensure system security and integrity. The personalized data will be immediately deleted or made anonymous when it is no longer required for the purpose.
9. Final Provisions
9.1 Fairytale Distillery has the right to change this User Agreement at any time without giving reasons, unless the User is not penalized against good faith. Changes will be announced by publication on http://www.the-exiled.co/eula/ . In terms of content, changes are permitted as far as required due to extensions of the Game, in particular in so far as new features are provided and where new regulatory requirements cause provisions contained herein to become void. If the User does not object to the new Terms and Conditions within two weeks of the receipt of the notification to Fairytale Distillery, or if he continues to use the Game without objection even after the expiry of the said period, the amended terms shall be deemed accepted. Fairytale Distillery will inform the User of his option to object to the changes of the User Agreement, terms for such objections and legal ramifications, including but not limited to a failure to object. In the case of timely objection both sides are entitled to ordinary termination of the contract. Until the termination of the contract the User Agreement continues to apply unchanged.
9.2. This User Agreement, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the Federal Republic of Germany. This User Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
9.3 Should individual terms of this contract be or become inoperative, this will not affect the remaining terms of this contract.
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User Agreement for „The Exiled“
1. Scope of license
1.1 Fairytale Distillery UG (haftungsbeschränkt / with limited liability) (“Fairytale Distillery”) provides the online Game “The Exiled” (“Game”) for use on the platforms detailed in the product description.
The use of the Game is exclusively governed by the terms of this user agreement (“User Agreement”).
General terms and conditions of the customer (“User”) do not apply. We reject their inclusion in this User Agreement expressly.
This User Agreement is an agreement between the User and Fairytale Distillery UG (haftungsbeschränkt / with limited liability), c/o Sebastian Dorda, Birkengrund 4, 85298 Scheyern.
1.2 This User Agreement can be found at, downloaded and stored from the following address: http://www.the-exiled.co/eula/.
2. Subject-matter of the contract
2.1 Subject-matter of this User Agreement is the use of the Game and rules of conduct for the Users.
2.2 Fairytale Distillery voluntarily provides a platform where Users can communicate among each other and/or e.g. publish their own content (the “Community-Platform”). The Community-Platform is expressively not content of this User Agreement. For this reason the Community-Platform can be changed, extended or removed at any time. The use of this Community-Platform is governed by this User Agreement.
2.3 Fairytale Distillery shall use commercially reasonable efforts keep the Game constantly available and free of defects. Nothing herein shall be deemed a warranty of an availability of more than 95 % on average during one year. Such unavailability does not include any planned maintenance works or other reasons for which Fairytale Distillery is not responsible.
This average availability does not apply for test servers. Fairytale Distillery is also entitled to provide servers which are only accessible during certain time periods. In this case the general availability is calculated on the planned access times for those servers.
2.4 Users are not entitled to individual functions within the Game (“features”) as of the version which existed at the time of the conclusion of the contract. Fairytale Distillery reserves the right to change or to remove any features at any time without notice for any reason. This includes in particular an adaptation of the rules of the Game and a further development of the story.
2.5 The Game is only playable online. Internet access (not supplied by Fairytale Distillery) is required at all times to play. The costs and fees for your Internet access depends on your individual contracts between you and your mobile or internet service provider.
3. Registration and Conclusion of Contract
3.1 To play “The Exiled” and to use the Community Platform, the User has to establish a valid account for the Game through the Steam platform.
3.2 The Game is only intended for an individual, natural person who is an adult and consumer in terms of § 13 BGB (German Civil Code). Corporate entities or groups of persons are excluded from the registration, unless otherwise agreed. The use of the Game for commercial purposes is expressly forbidden. Minors are only entitled to register and use the Game with the expressed consent of their parent(s) or guardian(s). Fairytale Distillery is entitled to demand a written consent of the parent(s) or guardian(s) from any minor at any time. Until receipt of this confirmation Fairytale Distillery can block access to the account.
3.3 By accepting this User Agreement the User represents and warrants the correctness and completeness of information and declarations provided. Furthermore, the Users assure that they are an adult or if they are a minor, they obtained the approval of their parent(s) or guardian(s). The User has to inform Fairytale Distillery about changes concerning the data used for the application.
3.4 Users who have acquired starter packages with special benefits, items or other specials for the Game by pre-order from a third-party-supplier must contact supporters@fairydist.com from the same E-mail-Address they used for the purchase of the starter packages in order to access the starter packages.
This does not apply if the Users received access-codes from the third-party-supplier. Any access-code is a voucher for the individual User and can be only used once.
4. Obligations of the Users
4.1 From time to time Fairytale Distillery will establish guidelines and rules of conduct for the Game and the Community-Platform which should assure an amicable and harmoniously interaction of all Users. The User will be informed by updating the forum posts specifying these rules. The above mentioned guidelines and rules of conduct are not an integral part of this User Agreement. Nevertheless every User has to obey and accept these rules while using the Game.
4.2 The User commits himself to not disclose passwords or access data received from Fairytale Distillery to any third party. The User is obligated to inform Fairytale Distillery immediately, if he assumes or knows that a third party has knowledge about his password or access data. After becoming aware of the potential unauthorized access, Fairytale Distillery is authorized but not obliged to block the account or to change the access data. Fairytale Distillery may block the account at its reasonable discretion as long as it is necessary for the protection of the User, the discovery of facts and the protection and safety of the Game. Fairytale Distillery will inform the User of its decision. If a third-party becomes aware of the User´s access data because of deliberate or gross negligent acts of the User, the User will be liable for damages against Fairytale Distillery. The User is authorized to grant access to the Game itself to any third-party without disclosing the password or access data. The User shall be liable for the conduct of any third-party whom he granted the access. A transfer of the account is prohibited.
4.3 The User is prohibited from any activities that are detrimental to the Game´s or Community Platform´s functionality and its infrastructure, or damage the orderly conduction of Game, particularly to overly stress technical capacities. He is also prohibited to use mechanism, software or scripts which could give the User an unfair advantage over the other Users. The use of technical devices, software, scripts and other mechanism which could enable the automation of the gameplay and /or the Game control or the automatic plotting of the gameplay is also prohibited. The User is bound to not use knowledge about programming errors for their own purposes. The User is bound to inform Fairytale Distillery about every known programming error.
5. User Generated Content
5.1 The Users are fully responsible for content, data and information, they publish or exchange while using the Game or the Community Platform (“user generated content”), e.g. using chats as part of the Game or as contributions to the Community Platform. Fairytale Distillery is not required to review the correctness or lawfulness of the user generated content. Once Fairytale Distillery becomes aware of illegal or infringing content, Fairytale Distillery may in its sole discretion block or delete such content. The User has no right to demand continued storage, preservation or unchanged publication of user-generated content.
5.2 The User agrees not to publish or to transmit user generated content in the Game or the Community Platform which violates the applicable law or this User Agreement. This includes any content that is libelous, defamatory, sexist, pornographic, racist and content violating the applicable youth protection laws or any other content that, in the discretion of Fairytale Distillery, can be seen as morally reprehensible or offensive. The User is also prohibited from (a) harassing other Users for example by sending spam mails, chain letters or unsolicited advertising, (b) using proprietary content (e.g. trademark law, patent law, design right or copyright) or promote goods or services, to offer or sell, without being entitled to do so or © practices considered unfair competition or to promote such practices or (d) using the Game or the Community Platform for commercial communications or advertising.
5.3 With the making content available using the Game or the Community Platform, the User grants Fairytale Distillery a non-exclusive, unrestricted, transferrable, royalty-free right to use the user-generated content. This entails the right to use the user-generated content within the scope of the Game, the Community Platform, any products related thereto and their advertisements. In particular, Fairytale Distillery is entitled to make, in connection to the Game, user-generated content accessible to the public, to perform, reproduce, edit and distribute it.
6. Liability of Fairytale Distillery
6.1 Fairytale Distillery shall only be liable without limitation for any damages arising from injury to life, body and health as well as for deliberately and grossly negligent behavior. The liability under the Product Liability Act or the Telecommunication Act remains unaffected.
6.2 In the case of slight negligence, Fairytale Distillery shall only be liable for breach of an obligation whose fulfillment is essential to the proper fulfillment of the contract, the breach of which endangers the purpose of the contract and which the User is entitled to trust that is will be upheld. Claims for damages are limited in this case to the amount of the typically predictable damage.
6.3 The limitation of liability also applies to all officers, employees and agents of Fairytale Distillery.
7. Term and Termination
7.1 The contracts between Fairytale Distillery and the User are concluded for an indefinite time, unless expressly agreed otherwise.
7.2 The parties may terminate the contract regarding the Games of Fairytale Distillery any time without notice.
7.3 The User can terminate the contract by specifying their Steam account name to support@fairydist.com.
7.4 The right to terminate the agreement due to cause remains unaffected. Such cause includes the case if a User violates this agreement and/ or the rules of the Game or the rules of conducts, or in case of general misbehavior. Depending on the individual breach by the User Fairytale Distillery is entitled either to terminate the contract directly or to issue a warning to the User.
7.5 In case of termination Fairytale Distillery is entitled to delete all user data with respect to the Game and the company’s Privacy Policy.
8. Data Privacy
8.1 Fairytale Distillery collects, processes and uses the personal data of its Users exclusively for the fulfillment of this agreement and providing the Game service. In addition, Fairytale Distillery maintains records of the individual actions of the User in the context of the use of Game. These log files are used exclusively to process support requests of the User and to monitoring the compliance the rules of this Game and these terms and conditions and to ensure system security and integrity. The personalized data will be immediately deleted or made anonymous when it is no longer required for the purpose.
9. Final Provisions
9.1 Fairytale Distillery has the right to change this User Agreement at any time without giving reasons, unless the User is not penalized against good faith. Changes will be announced by publication on http://www.the-exiled.co/eula/ . In terms of content, changes are permitted as far as required due to extensions of the Game, in particular in so far as new features are provided and where new regulatory requirements cause provisions contained herein to become void. If the User does not object to the new Terms and Conditions within two weeks of the receipt of the notification to Fairytale Distillery, or if he continues to use the Game without objection even after the expiry of the said period, the amended terms shall be deemed accepted. Fairytale Distillery will inform the User of his option to object to the changes of the User Agreement, terms for such objections and legal ramifications, including but not limited to a failure to object. In the case of timely objection both sides are entitled to ordinary termination of the contract. Until the termination of the contract the User Agreement continues to apply unchanged.
9.2. This User Agreement, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of the Federal Republic of Germany. This User Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
9.3 Should individual terms of this contract be or become inoperative, this will not affect the remaining terms of this contract.