GT&C

General Terms and Conditions of Media2Art GbR

§ 1 Scope
(1) The following General Terms and Conditions (GTC) apply to all the commercial transactions between

Media2Art GbR
Klblesrainweg 19-1
73430 Aalen
Germany

Tel: +49 73 61 / 96 97 20 (not for support queries)
Fax: +49 73 61 / 96 97 21 (not for support queries)
Email: kontakt@media2art.de (not for support queries)
Support: support@daysofevil.com

Media2Art GbR is represented by the Managing Directors: Marc Wetzel and David Wetzel

VAT ID No.: DE 242 497 530

(hereafter "MEDIA2ART")

and

users of the online game Days of Evil accessible at: www.DaysofEvil.com (hereafter “the game”).

(2) These GTC also apply to all future contracts, products, deliveries, services and to any other use of the game. § 16 shall remain unaffected.

§ 2 Scope of services
(1) The scope of the game includes a virtual game world, a profile page for user-generated content, an online shop (where users can buy virtual products), forums and public and private chat features. MEDIA2ART’s services consist of the provision of the websites and game functionality.

(2) The user shall only receive a single and non-transferable right to use the functions of the game platform. In addition to the free-of-charge basic use of the game, MEDIA2ART also offers paid services, e.g. a Premium membership (see also § 5).

(3) Use of the game platform will be activated once MEDIA2ART has created an account for the user for the relevant game world.

(4) The game and the game worlds are constantly updated, adapted, expanded and modified to permanently engage the interest of the largest possible number of players. The user therefore only obtains a right to use the game in its current version. Any claims by users that MEDIA2ART maintain the game in its current form at the time of signing the contract are excluded.

(5) Please consult the MEDIA2ART website for details of the current technical and other game requirements.

(6) MEDIA2ART reserves the right to cease operation of the game or any individual game worlds at any time and without providing a reason. The user can, however, claim for reimbursement of any advance fees paid to MEDIA2ART. Any further claims by the user are excluded.

§ 3 Eligibility
(1) MEDIA2ART makes the online game Days of Evil available to consumers exclusively in accordance with § 13 BGB (German Civil Code). A consumer is any individual who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor independent professional occupation.

(2) Individuals aged 18 years and above at the time of registering for the game are eligible to play. Minors may only play the game with the consent of their legal representatives or guardians prior to registration. When registering for the game, the user explicitly affirms that he is aged 18 years or above or, in the case of minors, that the user has obtained the consent of his legal representatives or guardians.

§ 4 Contract conclusion and start of the contract
(1) By completing the registration form, the user makes a binding offer to conclude a game user contract and to open a game account. For this purpose all the data fields in the registration form must be completed fully and correctly.

(2) On receipt of the user’s application, MEDIA2ART will immediately send an electronic confirmation using the email address the user supplied when registering. The confirmation email does not represent a binding acceptance of the user’s application, although the statement of acceptance may be included with the confirmation.

(3) Should the application confirmation not include a statement of acceptance, such acceptance will be sent within three working days via email or on MEDIA2ART’s first contractual fulfillment (e.g. when opening a game account).

(4) The user shall have no automatic claim to membership.

§ 5 Premium membership, additional fee-based services and payment conditions
(1) Days of Evil is free to play. However, users can purchase a paid Premium membership containing additional features under the menu item “Premium”, “Buy” in their game account. Users can also buy virtual products such as Premium currency, but are under no obligation to do so.

(2) MEDIA2ART reserves the right to change the nature, scope and content of its additional services; MEDIA2ART may also cease providing specific additional services and/or integrate them free of charge into the game.

(3) Minors should only purchase paid additional content with the consent of their legal representatives or guardians. When placing an order, the minor confirms that he has obtained prior consent from his legal representatives or guardians.

(4) MEDIA2ART may request an advance payment.

§ 6 Right of revocation
You can cancel your contract within 14 days, without providing a reason, in text form (e.g. letter, fax, email) or, if the product was delivered to you before the expiry of this period, by returning the product. The period shall begin upon receipt of such declaration in text form, but neither prior to the conclusion of the agreement nor prior to the fulfillment of our obligations to inform in accordance with article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. Prompt dispatch of the revocation or product is sufficient to meet the revocation notification period. Revocation must be addressed to:

Media2Art GbR
Klblesrainweg 19-1
73430 Aalen
Germany
Fax: +49 73 61 / 96 97 21
Email: kontakt@media2art.de

Consequences of revocation:
In the event of an effective revocation, the products that have been exchanged shall be returned along with any benefits accrued (e.g. interest) where applicable. Should you be unable to reimburse or return the product or any benefits accrued (e.g. use and enjoyment) to us either in whole or in part or only in a deteriorated condition, we reserve the right to demand compensation, which may still require you to meet your payment obligations during the period up to the revocation. In the event of any product deterioration, compensation shall only be due if such deterioration is attributed to product handling that exceeds the reasonable limits of the properties and functionality of the product. “Properties and functionality testing” refers to the testing and appraisal of the product that would be possible and usual in a retail outlet. Products that can be sent as packages shall be returned at our cost and risk, and we will collect any products from you that cannot be sent as packages. Any obligations to refund payments must be fulfilled within 30 days. For you, this period starts from the date you send your revocation or return the product, and for MEDIA2ART this shall be the date of receipt of such.

Note:
Your right of revocation shall expire prematurely should both parties fulfill the contract in full at your express request before you have exercised your right of revocation.

End of declaration of revocation

§ 7 Note on right of revocation
(1) To enable the revocation to be correctly assigned and efficiently processed by MEDIA2ART in the event of cancelation by letter, fax or email, users are advised to state the game title and, where appropriate, the Premium features and/or services and the name of the user in the subject header. Adherence to this recommendation is not a prerequisite to a successful exercise of your right of revocation.

(2) Unless otherwise specified, the right of revocation shall not apply to contracts for delivery of products over long distances which are, by their nature, unsuitable for return shipment.

 

§ 8 Obligations of the user
(1) The user agrees to participate, using only one account per game world. The creation or management of multiple accounts in the same game world is not permitted. Any such multiple accounts may be blocked and deleted at any time by MEDIA2ART at its discretion and without warning.

(2) When using the game, the user’s access is limited to the modes of access specified by MEDIA2ART. Any use other than the game access modes stated, irrespective of their nature, is prohibited.

(3) The use of third-party software and tools that encroach on the game, or which manipulate any data sent or received or any manual manipulation of any game data is prohibited.

(4) The use of any MEDIA2ART services or products, to which anonymizers have been applied to suppress or falsify the actual IP address of the user, is prohibited.

(5) Any use or exploitation of bugs in the game is prohibited.

(6) MEDIA2ART provides users with communication channels to enable players to communicate with each other. The players themselves are responsible for the content of the communication, and MEDIA2ART cannot be held liable for such.

(7) The use of the communication channels to disseminate content that is in any way racist, pornographic, discriminatory, harmful to minors, offensive, criminal or subject to copyright restrictions, is prohibited.

(8) Users are not permitted to share passwords or entire accounts. This applies irrespective of whether or not such sharing is carried out for a fee. The user is solely responsible for ensuring that his password is not disclosed to third parties. Should the user suspect that his password or any other account data has been accessed by a third party, he undertakes to notify MEDIA2ART immediately.

(9) The user is strictly prohibited from using the login data of other participants or carrying out any actions in the accounts of other users.

§ 9 Prohibition of use for commercial purposes
The game is intended exclusively for the entertainment of the users, and any use of the game for profit or any other commercial purposes is prohibited. Users cannot therefore conduct any (real/virtual) trading of goods and/or provision of services relating to the game in exchange for remuneration.

§ 10 Information supplied by users
(1) The user undertakes that the information he provides (e.g. text, images, links) does not violate legal prohibitions or infringe the rights of third parties.

(2) Users are personally responsible for the information they provide. Any rights (e.g. copyrights) shall remain with the user. MEDIA2ART only provides the platform through which content is made publicly available, but shall not appropriate it.

(3) MEDIA2ART reserves the right to delete information supplied by users without prior notice if it suspects that such information violates legal provisions and/or third-party rights.

§ 11 Sanctions in the event of a breach of the conditions of use
(1) In the event of any infringement or legitimate suspicion of infringement on the part of the user contrary to the provisions contained in § 8 to § 10, MEDIA2ART is entitled to request additional information from the user to investigate such suspicion or to temporarily disable any game accounts relating to such.

(2) MEDIA2ART may ban any user with immediate effect and exclude him for the game should he:

1. create multiple accounts within a game world contrary to § 8.1 or has transferred his account to a third party contrary to § 8.8;
2. carry out manipulative interventions using software and mechanisms contrary to § 8.3;
3. apply anonymizers to use the game contrary to § 8.4;
4. abuse the login data of other users contrary to § 8.9;
5. use his account for profit or commercial purposes contrary to § 9;
6. violate legal prohibitions or infringe the rights of third parties contrary to § 10;
7. fall into arrears with the payment for Premium use, and fail to pay despite reminders, or
8. be in gross violation of the rules specified.

(3) The right of termination without prior notice on serious grounds and further claims against the user shall remain unaffected.

§ 12 User’s right to termination
The user can terminate his membership at any time using the automatic delete function in the game.

§ 13 Legal consequences of termination
Should the user’s membership be terminated for any reason, any advance payments made by the user for services beyond the termination date shall be reimbursed proportionally. Any further claims by the user are excluded. MEDIA2ART’S liability in accordance with § 14 shall remain unaffected.

§ 14 Warranty and liability of MEDIA2ART
(1) MEDIA2ART shall not be liable for defects of goods or title in accordance with the applicable statutory provisions governing such, in particular §§ 434 et seq. BGB, unless and insofar as these General Terms and Conditions expressly state otherwise.

(2) MEDIA2ART guarantees that the game and features provided at DaysofEvil.com will be available ninety (90) percent of the time during the year. However, this excludes any downtime arising from technical or other disruptions that are beyond MEDIA2ART’s control (e.g. force majeure, defaulting third parties).

(3) Any claims against MEDIA2ART for damages are excluded. This does not include claims for damages arising from injury to life, limb and health, or resulting from significant breaches of contract (cardinal obligations) and liability for other damages arising from the intentional or grossly negligent violation of obligations on the part of MEDIA2ART, its legal representatives or vicarious agents. Significant contractual obligations are those whereby the performance is necessary for the intent of the contract to be achieved.

(4) In the event of a breach of significant contractual duties, MEDIA2ART shall only be liable for damage that is typical and/or foreseeable with this type of contract if it is simply the result of negligence, unless the damage relates to damage claims from customers for injury to life, limb or health.

(5) The limitations in the above paragraphs (1) to (4) also apply to MEDIA2ART’s legal representatives and vicarious agents should any claims be made directly against them.

(6) Liability under the product liability act and within the scope of § 44a TKG (German Telecommunications Act) shall remain unaffected.

§ 15 Competitions
(1) MEDIA2ART organizes competitions at irregular intervals. However, users have no right to demand that MEDIA2ART offers competitions.

(2) Specific entry conditions shall apply to each competition. The conditions outlined in the following paragraphs (2) to (9) shall only apply provided the entry conditions for the relevant competition do not contain deviating regulations.

(3) To enter the competitions, participants must be aged 18 years and above or, if this is not the case, must have the consent of their legal representatives or guardians. Employees of MEDIA2ART and their relatives are not permitted to enter competitions. MEDIA2ART is entitled to exclude participants from the competition who manipulate or attempt to manipulate the entry process or the competition and/or participants who breach the entry conditions.

(4) Entry into the competition shall be carried out in accordance with the procedures indicated when the competition is announced.

(5) A user can win only one prize per competition. If several participants tie for first place, lots will be drawn to decide the winner.

(6) MEDIA2ART may also award the winner the equivalent in Euros instead of the item advertised as a prize. Should this option be selected (at the sole discretion of MEDIA2ART), the recipient will be notified in an email (win notification), and will be asked for the relevant bank details to make the Euro transfer. The equivalent value will be calculated based on the manufacturer’s RRP for Germany.

(7) MEDIA2ART reserves the right to cancel the competition without prior notice, owing to unforeseen circumstances, or to terminate the competition if it cannot be run as scheduled. This could be due, for example, to errors in the software or hardware and/or to other technical and/or legal reasons that would affect the normal, correct operation of the prize draw. In this case, no claims can be made for the award of any winnings or prizes.

(8) The entrants’ personal data (e.g. name, email address) will be collected and processed as part of the competition. This data will be stored and used solely to operate and determine the outcome of the competition. The name of the winner(s) shall be published by MEDIA2ART, and the user expressly agrees to such publication when entering the competition.

(9) There is no right of recourse to legal action regarding competitions.

§ 16 Subsequent changes to the GTC
(1) MEDIA2ART reserves the right to modify or amend these GTC at any time with effect for the future if deemed appropriate (e.g. amendments to reflect changes in legislation, extending the range of services in the game, etc.).

(2) The user will be notified of the amended GTC. Notification on the MEDIA2ART website will be via a specific window that opens when users log in to the games platform. MEDIA2ART will also send an email to the email address supplied by the user.

(3) The user may raise an objection to any changes to the GTC within six (6) weeks of the date of receipt of the email notification. For the purposes of evidence, we would recommend that users address any objections to MEDIA2ART in writing or by email.

(4) Should MEDIA2ART receive no objections within the period of six (6) weeks, the modified or amended GTC shall become effective for the user.

(5) Should the user raise an objection within the period above, the original GTC shall continue to apply. However, MEDIA2ART is entitled to terminate the contract at the end of the month following receipt of the objection with a notice period of one month.

(6) In any notification of changes to the GTC, MEDIA2ART shall again draw your attention to the aforementioned notice periods and legal consequences.

§ 17 Miscellaneous
(1) The language of the contract is German.

(2) The law of the Federal Republic of German shall apply and shall exclude the United Nations Convention on Contracts for the International Sale of Goods and legislation governing private international law.

Version: January 14, 2015


 
 
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