General Business Terms and Conditions [GBTC]

1. Validity of the GBTC, changes to the GBTC

1.1 Among other things, InnoGames GmbH, Friesenstraße 13, 20097 Hamburg ("InnoGames“) distributes various online games ("Games") which can be played by users ("Users") via various top-level domains as well as via various sub-domains and aliases of these domains. The services and performances provided within the scope of these games, including, for instance, the display of the User's profile page, the participation in forums, the display of content, photographs, graphics or moving pictures generated by the User, and the provision of in-game news systems ("Services") are exclusively carried out on the basis of these General Business Terms and Conditions [”GBTC”]. These GBTC are published on the games' websites. They can be accessed there at any time and can be printed out. In case of any deviations or contradictions between the various language versions of the GBTC, the German version is binding. In addition to these GBTC - as far as available - the relevant applicable game rules and game instructions of the game as listed on the websites shall also apply. The GBTC shall have precedence in the event of any contradiction between these GBTC and the game rules or game instructions. Special conditions of use may apply in individual games and in particular variations of games. If this is the case, these conditions will be appropriately pointed out to the User prior to the utilisation of the relevant offer. If the User is less than 18 years old, he/she confirms that his/her legal representative agrees to his/her use of the games.

1.2 By acknowledging the GBTC, a Licensing Agreement is concluded between the parties. The User acknowledges the GBTC for the services provided by InnoGames by checking the box next to "I accept the General Business Terms and Conditions" and clicking on the registration button. The User's General Business Terms and Conditions are expressly not a part of this agreement unless InnoGames has expressly agreed to them in writing.

1.3 InnoGames is entitled to change the GBTC and other conditions effective at a future date. InnoGames will only carry out these changes for an important reason; in particular on the basis of new technical developments, an expansion of the services of InnoGames, changes to legislation or jurisprudence or other equivalent reasons. The change will not take place if it significantly distorts the contractual balance between the parties. For the rest, any changes require the User's approval. The User agrees to be informed about changes to the GBTC on login on the relevant games platform or by email sent to the User's last notified email address. The GBTC are considered accepted if the User does not object to them in writing or in text form within eight weeks after receipt ("Objection Deadline"). When notifying of any changes, InnoGames will draw specific attention to this option. InnoGames will advise the User to direct his/her objection in writing or by email to InnoGames for the preservation of evidence. In the latter instance it is recommended to provide both the game title and the User's name in the subject line.

1.4 If the User does not object to the changed GBTC towards InnoGames within the Objection Deadline or continues to use the games despite access to the notification concerning changes, the changed or supplementary GBTC shall be binding. If the User objects in time, both parties are entitled to terminate the Licensing Agreement within one (1) month.

If the User objects in time, InnoGames is entitled to delete the account. Any possible service fees paid in advance for a period after the termination shall be refunded to the User on a pro rata basis or credited to other games. Further claims on the part of the User are excluded. In any notification about changes, InnoGames will explicitly point out the conditions for an objection and termination as well as the period of notice and the legal consequences in the specific case of an omitted objection.

2. Concluding the contract, Licensing Agreement

2.1 The User is neither entitled to a Licensing Agreement nor to the use of the services or the Premium Services. The Licensing Agreement can be terminated by InnoGames and by the User at any time without giving reasons and the services can be discontinued at any time without giving reasons.

2.2 The agreement governing a use of the services ("Licensing Agreement") comes about through the access to the data derived from the application form sent to InnoGames and the acceptance of these GBTC according to clause 1.2. The Licensing Agreement is free of charge.

2.3 Further to the Licensing Agreement described in 2.2, InnoGames offers services subject to a charge ("Premium Services"). It is the User's choice to make use of these services. Prior to such utilisation, the User is advised of his/her obligation to pay for these services by a clear marking and the User must specifically confirm the utilisation. Additional details regarding the Premium Services, in particular regarding the conclusion of a contract, are regulated in clause 7 under "Premium Licensing Agreement".

Cooperation agreements

2.4 For individual games, the User has the option to utilise the services of InnoGames' cooperation partners. In these cases, a separate agreement between the User and the cooperation partner shall be concluded. This agreement is then subject to special conditions which the cooperation partner will inform the User of prior to concluding the agreement.

3. Player name / User name / name

3.1 Within the games the User has to choose names, e.g. user name, player name and / or character name (“name”). The user is not entitled to the allocation of a certain name. The chosen name may not infringe on the rights of third parties (in particular copyright, personal rights, trademark rights, company rights, etc.) and may not violate good morals, e.g. hurt the religious feelings of third parties, be racist or discriminatory. InnoGames expressly distances itself from such behaviour. For the rest, clause 10 shall apply. Furthermore, no email or Internet address may be chosen as a name.

3.2 InnoGames is entitled to change or delete the chosen name for technical, ethical or other reasons without the requirement of the User's approval.

4. Accounts

4.1 The User will be given a user account ("account") with the Licensing Agreement. The User can use this account to change his/her data and manage the games. An account can either be created on InnoGames' games portal or on the game's relevant Internet page.

4.2 An account cannot be transferred without InnoGames' express approval, either for a fee or free of charge.

4.3 Each player may only have one account per game world (one section of the game). Several accounts, so-called multi-accounts, belonging to the same player within one game world are prohibited and can lead to the User being immediately blocked or penalised by an extraordinary termination of the Licensing Agreement.

4.4 The User undertakes to keep secret any login data, passwords and access data (jointly referred to as "Access Data") for his/her account and to inform InnoGames without delay as soon as he/she becomes aware or suspects that unauthorised third parties know the access data. In this case, the User will change the data or ask InnoGames to change it. InnoGames also has the right to temporarily block the User's access in such a case. The User is again permitted access as soon as InnoGames has eliminated the suspicion of any abuse of the Access Data either by the User or by a third party.

4.5 If a third party uses an account without authorisation by gaining access to the User's Access Data where the User is to blame, the User is treated as if he/she had acted on his/her own.

4.6 Making use of another User's account is prohibited unless the game rules specifically provide for this (e.g. "account sitting").

4.7 If InnoGames suspects that a third party has become aware of the Access Data, InnoGames is entitled, but not obliged, to change the Access Data or block the account without prior notice. InnoGames will notify the User accordingly without delay and, on request, provide the User with new Access Data within a reasonable deadline.

5. Required technical equipment

5.1 The games can only be used with software installed locally on the User's computer or other end devices ("Computer"). These include an Internet browser, a connection to the Internet, an operating system, possible plug-ins, e.g. Java or Flash and possibly required clients for the use of the game. The User is responsible for the costs of this software and its application as well as the costs incurred for the use of the Internet connection. This does not apply to the client software which InnoGames provides within the scope of a game, possibly free of charge, which could be required to use the games. It is the User's responsibility to maintain his/her computer in such a way as to ensure the use of the games. InnoGames does not provide any support for this.

5.2 InnoGames is not liable for any damage or loss of data, which could be incurred through the installation of third party software on the User's computer or in any other way, such as through viruses or spyware. The User is particularly obliged to check all incoming emails and downloaded software for viruses and spyware.

6. Scope of content

6.1 InnoGames provides the games and other range of services within the scope of its technical and operational possibilities. The services of the games are open to Users with a licensing agreement and subsequently an account.

6.2 All games offered by InnoGames are revised and updated at InnoGames' discretion so as to keep them attractive for the largest possible circle of users.

6.3 InnoGames reserves the right to discontinue the operation of the games or parts thereof without giving reasons.

6.4 InnoGames exclusively reserves the right to contest the contract, provided a contract was concluded in the first place, should, for example, technical problems or interference with the offer by a third party or similar events lead to faulty offers to the Users (e.g. incorrect or faulty pricing of Premium Points), and to demand a recovery of the services provided to the User, in particular Premium Points granted, against reimbursement of any sum the User may have paid. No User rights can be derived from this.

7. Premium Licensing Agreement

7.1 The conclusion of the agreement for Premium Services ("Premium Licensing Agreement") comes about if the User, after selecting the Premium Service, clicks on the button "Pay now" or similar and InnoGames accepts the offer by sending an order confirmation via an in-game notification or email or by making the Premium Service available. The Premium Services in particular, but not exclusively, include the provision of virtual currency (e.g. "Premium Points, Gold"), the use of game advantages by way of virtual goods ("Items").

7.2 The content, functions and preconditions of the Premium Services at the time of the order as presented in the Internet pages of InnoGames as well as in the relevant shopping carts shall apply. Deviating information which is possibly present on the pages loaded from internal caches is not valid.

7.3 Generally, the User can utilise the items for a specific duration. The User can also lose items during the course of a game, for example if they are destroyed during the course of the game or they are taken away by other Users.

7.4 Some Premium Services are paid for by one-time payments while others may be subject e.g. to daily, weekly, monthly, quarterly or annual payments.

7.5 Prices are those applicable at the time of the order, as presented on the Internet pages and in InnoGames' price lists as well as in the relevant shopping carts. Prices are inclusive of any possible statutory value added tax. In some instances, costs or fees ensuing from various payment providers are not included in the prices. If the User should incur additional fees or costs through his/her chosen payment provider, this will be expressly pointed out. The User can change the payment provider prior to concluding the payment process. InnoGames has no influence on costs or fees raised by the payment provider. Binding information on incurred fees and costs can only be given by the payment provider. Deviating prices which are possibly reflected on the pages and are loaded from internal caches are not valid.

7.6 As far as currencies in the games are simulated, e.g. Premium Points, these refer to Premium Services and not real money. Changes in the game can result in a change in the use of these currencies. A reconversion of the Premium Services (i.e. currencies, etc.) into real money is not possible.

7.7 Service payments are due in advance with the purchase of a Premium use.

7.8 The User has no right to a specific payment method.

7.9 The User is liable towards InnoGames for any cancellations or reversal debits for which he/she is responsible, for example, due to insufficient funds in an account. The User shall carry the resultant regularly incurred costs (e.g. fees charged by the payment provider) and the incurred handling fee of 10.00 EUR. InnoGames is entitled to collect these amounts together with the original payment from the User's account. The User has the right to prove that no damage occurred, or that there was no damage equivalent to the amount demanded.

7.10 The User can submit any complaints regarding invoices in writing or by e-mail - notwithstanding payment obligations due in advance - immediately, but no later than within six (6) weeks after receipt of the invoice. In the absence of a timely objection, the amounts stated in the invoice are deemed approved.

7.11 If the User is in payment arrears, InnoGames is entitled to cease its services and to block the account, irrespective of the User's continued payment obligation. No service payment is due during this period. InnoGames is, however, entitled to charge a handling fee of 10.00 EUR to unblock the account on full settlement. The User has the opportunity to prove that either no damage occurred or only to a minor degree. Further, InnoGames is in any case entitled to charge the statutory interest on arrears of 5 percentage points above the relevant valid base interest rate.

7.12 InnoGames reserves the right to stop the games' operation or parts thereof as well as any payment offers or payment functions without giving reasons, to offer Premium Services, to change existing Premium Services and/or to change these into free services and/or to no longer offer certain Premium Services. In this case, InnoGames undertakes to grant the User the opportunity to apply and use Premium Points as well as items purchased against payment within a period of three months after their purchase. In addition, InnoGames reserves the right to offer the User the Premium Points as well as items purchased against payment into credit which can be used, for example, in another game. Further claims on the part of the User are excluded.

7.13 InnoGames is entitled to change the prices for Premium Services at its discretion.

7.14 The User may only offset against undisputed or legally determined counterclaims. The User may only exercise a right of retention if his/her counterclaim is derived from the same contractual relationship. The assignment of the User's claims against InnoGames is excluded.

8. Right to revocation, revocation notice with regard to Premium Services

You may withdraw from your contract declaration within 14 days without giving a reason by notifying us in text form (e.g. letter, fax, e-mail). The deadline commences on receipt of this notification in text form, however, not before the end of the agreement and also not before the fulfilment of our duty to provide information in terms of Art. 246 Section 2 in conjunction with Section 1 Para 1 and 2 EGBGB [Einführungsgesetz zum Bürgerlichen Gesetzbuch = Introduction law to the German Civil Code] as well as our obligations according to Section 312g Para 1 Sentence 1 BGB [Bürgerliches Gesetzbuch = German Civil Code] in conjunction with Art. 246 Section 3 EGBGB. The timely dispatch of the revocation is sufficient to safeguard the revocation's deadline.

The revocation is to be sent to:

InnoGames GmbH
Friesenstraße 13
20097 Hamburg
Germany

Fax: +49 40 7889335-200
Email: info@innogames.com

If you are sending your revocation by email, we recommend that you enter your name and the game title in the subject line to ensure speedier handling.

Consequences of revocation

In case of a valid revocation, the bilaterally received services have to be returned and any possible benefits of use (e.g. interest) are to be surrendered. Should you not be able to return the goods as well as the benefits of use or only return or surrender them in part or in a deteriorated condition, you may be obligated to compensate us accordingly. The consequence of this could be that you may nevertheless have to fulfil the contractual payment obligations for the period up to the revocation. Obligations to refund payments must be fulfilled within 30 days. Your deadline commences with the despatch of your revocation declaration; for us this deadline is the corresponding receipt.

Special notes:

Your right to revocation lapses prematurely if, at your express wish, the contract is deemed to have been completely fulfilled by both parties before you have exercised your right to revocation.

End of revocation notice.

9. Duration of the contract and termination

9.1 Provided nothing else is agreed to the contrary in InnoGames' actual offer, the Licensing Agreement and/or the Premium Licensing Agreement between the User and InnoGames are concluded for an indefinite period of time. Deviating conditions may apply for the provision of Premium Services.

9.2 If no agreement has been reached for a specific duration of the Licensing Agreement, it can be cancelled at any time without the requirement of any reasons. The express relinquishment of an account by the User is considered as a cancellation of the Licensing Agreement for this account.

9.3 The Premium agreement can be cancelled by InnoGames and the User by giving three (3) months ordinary notice. No reasons are required for such ordinary notice.

9.4 The parties' right to cancel the Licensing Agreement or the Premium Licensing Agreement at any time for an important reason remains unaffected by the aforementioned regulations.

9.5 InnoGames is in particular, but not exclusively, entitled to cancel the Licensing Agreement or the Premium Licensing Agreement for an important reasons, if

9.6 If the relevant game does not offer a cancellation option (e.g. delete function), the cancellation shall take place in text form (letter, fax, email). Reasons for the cancellation are required when giving extraordinary notice.

9.7 For technical reasons, the final deletion of the account and the User data can only take place with a time-delay of several days.

9.8 In the event that ordinary notice is given by the User or notice is given by InnoGames for an important reason, the User cannot request a refund for any payments made after the effectiveness of such notice. The User has no compensatory entitlement towards InnoGames; in particular not with regard to not yet utilised Premium Services. Also, no further claims exist with regard to providing the Premium Services. Further, InnoGames is authorised to demand the sum of all payments which the User would have had to pay (in particular Premium Services already ordered). The User's right to prove that no damage occurred or that the damage was significantly lower remains unaffected.

10. Safety, cheating

10.1 The User is not entitled to use mechanisms, software, programs or other routines which could disrupt InnoGames' systems. The User may not adopt any measures which could lead to an unreasonable overload of the systems. The use of special software, in particular for the systematic or automatic management of the games or special game functions (bots, macros), for the reproduction or evaluation of the games is not permitted.

10.2 It is prohibited to exploit bugs or faults in the games' programming and in the course of the game which could represent an advantage for the User for personal and/or third party purposes. Should the User discover any bugs, he/she must notify InnoGames without delay. As far as the player has derived benefits herefrom, these - as far as possible - shall be reimbursed. If the bugs or errors were intentionally exploited, this can lead to a termination of the Licensing Agreement and a deletion of the account.

10.3 The use of software which allows "data mining" or in any other way collects information associated with the games is prohibited.

10.4 The use of items outside the game, their sale or purchase against real money or their exchange is prohibited.

11. User's obligations

11.1 The User assures that the information he/she provides to InnoGames during the registration and within the scope of using the Premium Services is true and complete. The User undertakes to immediately inform InnoGames of any changes to the data supplied and to confirm their correctness upon request.

11.2 The User undertakes to abide with the regulations of these GBTC, to observe the rules of the game and to obey the instructions of InnoGames and its employees as well as its vicarious agents and assistants. This includes the instructions of administrators and moderators (Community Managers) in the forums on the game.

11.3 The User will also refrain from any action which endangers or disrupts the operation and functionality of the game and the successful collaboration with other Users. The User is particularly prohibited to

Intentional false entries, the use or placement of unauthorised content or contraventions in terms of clause 10 or the abuse of data entitle InnoGames to give extraordinary notice. InnoGames further reserves the right to assert legal action.

11.4 InnoGames is entitled to delete User-generated content. This applies in particular to content that contravenes these GBTC.

12. Granting of rights

12.1 Some games require the installation of client software on the User's computer ("Client Software"). The User is aware that InnoGames and, if applicable, InnoGames' licensers are entitled to all rights to the client software. InnoGames provides the User with this software and grants him/her the corresponding simple user rights for private use on a computer. Further than this, the client software may not be duplicated or stored on data carriers. It may also not be commercially utilised or exploited. Furthermore, adaptation, decompiling, disassembly and reverse engineering are prohibited. The instigation of third parties or providing assistance for such actions is also prohibited. InnoGames can revoke these granted rights at any time without giving reasons. In this case, the User is obliged to delete the client software on his/her computer. The authorisation to use the granted rights expires at the latest with the expiry of the User's Licensing Agreement.

12.2 If, within the scope of the games or in any of the forums operated by InnoGames, the User makes information available via texts, photographs, graphics, videos, links, music, etc. ("content"), the User grants InnoGames the free, simple, spatially unrestricted right to duplicate the content and make it publicly available in connection with the games and in the forums. The User is personally responsible for this information. InnoGames has no control in this respect and does not adopt the content as its own. InnoGames does not carry out an examination. Should InnoGames become aware of illegal content or content in terms of clause 10, such content will be removed immediately.

12.3 The User indemnifies InnoGames from all claims, including claims for damages which other users or other third parties assert against InnoGames due to an infringement of their rights by the User's behaviour and/or by the content or data posted by the User. The User shall also compensate InnoGames for reasonable costs incurred, in particular those costs which InnoGames could incur for any possibly required legal defence. All further rights and claims for damages on the part of InnoGames remain unaffected. The aforementioned obligations of the User do not apply if the User is not responsible for the relevant infringement. If third party rights are infringed by the User's content, the User will, as far as possible, provide InnoGames - at InnoGames' choice and at the User's expense – with the right to use the content or to design the content free of protective rights. If third party rights are infringed due to the use of the services by the User, the User will immediately cease any use which is contrary to the contract and/or illegal at InnoGames' request.

13. Warranty for defects

13.1 The license agreement grants the User the possibility to use the games. There is no entitlement to use a particular version of the game or to maintain or bring about a certain condition / functionality. The User is aware that the games offered by InnoGames - just as any software - can never be completely free of defects. Consequently, a defective game can only be assumed if there is a serious and lasting disruption.

13.2 InnoGames does not guarantee accessibility; however, it endeavours to create a high accessibility of the games. Downtimes can also occur during periods of regular maintenance of the games, which is only possible in an offline mode, or due to force majeure or non-accessibility caused by external manipulation. Claims by the User, in particular claims for damages, do not arise from this.

13.3 Defects determined by the User shall be notified immediately after their discovery. For the preservation of evidence, the User should document these defects in text form and send the notification to InnoGames (by fax, letter or email). Prior to sending a notification of a possible defect, the User shall read the help pages and FAQ pages in the forum.

13.4 Excluded from warranty are defects which are attributable to external influences, operating faults by the User or force majeure.

13.5 The User is obliged to collaborate as far as possible with the removal of the games' defects.

14. Liability restrictions

14.1 In principle, any liability on the part of InnoGames is excluded and only takes place under the following conditions:

InnoGames is liable for claims for damages and replacement of futile expenses ("claims for damages") due to an infringement of contractual or extra-contractual obligations only

Claims for damages for the violation of important contractual obligations are restricted to damage typical and foreseeable for contracts, provided there is wilful intent or gross negligence or a liability exists due to the violation to life, the body or health, or the express guarantee of condition and quality or product liability.

14.2 The foreseeable damage is restricted to 250.00 EUR per account. The aforementioned liability exclusions also apply with regard to the liability of employees, members of staff, co-workers, representatives and vicarious agents of InnoGames; in particular in favour of the shareholders, employees, representatives, and organs of their members with regard to their personal liability.

14.3 The above provisions do not imply a change in the burden of proof to the detriment of the User.

14.4 InnoGames is only liable for consultation if the question referred to the offered content.

14.5 InnoGames expressly distances itself from the content of all web pages which consist of direct or indirect references (so-called "links") to InnoGames' range of products. InnoGames does not assume any liability for such content and pages. The providers of the relevant pages are personally responsible for the content of these pages.

15. Data protection

Information regarding the type, scope, place and purpose of raising, processing and use of the required personal data for the agreement as well as for the execution of orders and sending the newsletter by InnoGames as well as the User's right to information and the right to correction, blocking and deletion can be found in the data protection provisions.

16. Choice of law / place of jurisdiction

16.1 This agreement is subject to the laws of the Federal Republic of Germany excluding its conflict of law provisions and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2 For disputes with users, the official place of jurisdiction shall apply as far as the users have a general place of jurisdiction in the Federal Republic of Germany. For disputes with users who do not have a general place of jurisdiction in the Federal Republic of Germany, the first instance shall be Hamburg as the place of jurisdiction. For disputes arising from legal business transactions with merchants, legal persons under public law or funds under public law, the competence of the aforementioned court is considered agreed for all cases.

Status: August 2011
© InnoGames GmbH 2014 – All rights reserved.