General Terms and Conditions
§ 1 General information
The following rules of the game and General Terms and Conditions govern the use of the online game or mobile game provided by Playa Games GmbH on the websites of Playa Games GmbH as well as in app stores or via external distribution partners.
By creating a game character, the user submits an application for entering into a contract for free use of the game with Playa Games GmbH (hereafter referred to as the “operator”). The operator accepts the contract by releasing the game character, provided that the user is a natural person. The user agreement is based on these general terms and conditions, which the user acknowledges by registering. The user agreement is valid for the game world in which the user registers. It is valid for an indefinite time period and can be canceled in writing, generally by email, at any time by both parties without adhering to a particular schedule. The user has no claim to the release of a game character or to be permitted to participate in the game.
The operator provides the game within its technical and operational capabilities with an availability of 90% (ninety percent) on an annual average. This does not include periods during which the use of the game is interrupted or impaired for mandatory technical reasons or due to required maintenance work, during which the operator is not liable for these according to the terms of this contract. This also does not include periods during which the servers used by the operator or the game cannot be accessed via the Internet due to technical or other problems beyond the operator’s sphere of control (force majeure, fault of third parties, etc.). Users themselves are responsible for the adequacy of the software and hardware they use for the game and for keeping these up to date.
The operator reserves the right to continue developing the game or to change it at any time or cancel its operation without stating a reason. Participation in the game is only possible in the respective current version and in accordance with the latest rules, which completely supersede all older rules.
§ 2 Game character
When creating a game character, the user enters a name (“pseudonym”). The name must be unique in this game world and must contain at least three characters, which may consist of letters, numbers, blank spaces and some special characters. However, they may not consist entirely of numbers. When choosing an account name, the rights to a name by actually existing persons must be respected. This also applies to naming groups, which may not be named after existing associations, companies or brands. The user is not entitled to the assignment and permanence of a specific name. The operator reserves the right to change names without notice, especially if they violate the above rules.
When creating the game character, the user selects a password to exclude unauthorized third parties from this game character. In this regard, the user bears full responsibility for the security of his or her game character. A password should consist of at least eight characters, including letters, numbers, and special characters. The password should be kept secret. The operator’s customer service will never ask users for their passwords. The operator assumes no liability for the loss of game content as a result of an insecure password or the disclosure of a password to third parties.
c) Email address
Depending on the registration method, the operator will ask users to enter their email address in the game character. The email address is required for various features. Among other things, it can be used to assign game characters to their users if they forget their passwords. The game character can also be activated on another device. Without the express consent of the users, the operator will not share their email addresses with third parties unless it is legally obliged to do so. The user assures that he or she is authorized to provide this email address and is not violating the rights of any third parties with this declaration. Users are responsible for any damages arising from the provision of a third-party email address. If the email address stored in the game character does not belong to the user, is invalid or is an email address for short-term use (“trash mail”), the operator reserves the right to block or delete the game character.
Users may cancel the user agreement with the operator at any time by selecting the “Manage” option in the character selector and deleting the game character from the game world. As a result of the cancellation, all personal data stored by the operator (see section 9) in connection with the game character is deleted as soon as this is legally permissible or required. The provided email address will then be replaced by a hash (numerical value). The user agreement is not terminated by deleting the character only from the character selection (not from the game world), uninstalling an app from the smartphone or tablet or by logging out. The operator reserves the right to block or delete non-played game characters after an appropriate period of time.
§ 3 Rights to game contents
Within the scope of the user agreement (see section 1), the user receives a simple, non-transferable and non-sublicensable right to private use for regular game operation with the user’s established game character and the contents associated with it in the course of the game. The usage rights are limited to the term of the user agreement unless a shorter term is specified for the individual game contents. Users do not acquire any ownership or other rights to the game contents beyond these usage rights. This also applies to game contents that were provided to the user by applying the premium currency (see section 10). All other rights remain with the operator and the authors.
Users who would like to use the game contents for purely private purposes outside of the immediate game must have the operator’s permission to do so. Offering or acquiring game contents in return for payment is prohibited. The transfer of game characters and their access data for payment or free of charge is also not permitted.
The operator and, if applicable, the corresponding licensers are the owners of the game’s copyrights and usage rights. Any duplication or use of the provided game contents, descriptive texts or source code is prohibited.
If you have questions or information or suspect a breach against one of your own copyrights or usage rights, please contact the operator immediately with detailed information. If the information is substantiated, remedial action will be taken immediately.
§ 4 Multi-accounting / account sharing / account sitting
Every player may only use one game character per game world. If a player plays with more than one game character simultaneously, this can result in a ban of all involved game characters. A game character may only be used by one person. Account sharing, i.e., the mutual use of one game character by several persons, is not permitted. This does not apply to temporary account sitting. In this case, a user authorizes another account sitter to play with their game character in their absence, from 24 hours to 21 days. During this period, the user of the looked-after game character may not log in or play. The account sitter may not use more than one game character at the same time and is not permitted to attack a game character played by him- or herself.
The user of the looked-after game character assumes the risk for the entire process of account sitting. Providing the access information to the account sitter constitutes a great risk for unwanted changes in the game character. The operator does not assume any liability in respect to changes, losses or the deletion of the game character. In particular, the operator does not assume any liability for potential uses of the premium currency (see § 10).
§ 5 Exploiting bugs & scripting / cheating
The operator expressly warns against the use of such programs as scripts (e.g., bots) or alleged hacks. The sole purpose of the latter is to damage the user’s computer and they usually don’t have the promised effect. Anyone who installs programs from unknown third parties from the Internet runs a great risk. Before installation, they should always be checked for malware such as Trojans and viruses. Anyone who enters their access data in game scripts must keep in mind that third parties may get hold of this data and make unwanted changes to the game character. This is why the use of scripts and hacks is not permitted: for the users’ own protection and to preserve equal opportunities, and may lead to blocking or deletion of the game character without notice. This also applies to actions by the user that cause an excessive data transfer to the game world (such as auto- refresh) or that may impair the game progress. Automatic or semi-automatic scripts that execute database queries or activate game mechanisms are particularly prohibited. In case of an infringement, the corresponding account will be deleted or banned without prior warning. The operator reserves the right to claim compensation in the amount of the damages and the resulting administrative expenses. If the player finds any program errors (bugs), he is obligated to report these immediately to the operator by using the support form. Anyone who exploits bugs to create an advantage for himself or others must expect that his game character will be banned. The intended triggering of a program error is only permitted if the affected player is requested to perform this by a support employee.
§ 6 Rules of conduct
The naming and linking as well as advertising of outside commercial products, offers, Internet pages or companies is not permitted in any form. Texts entered into the game by the user, such as descriptions, names, guild names, guild descriptions, forum entries, hyperlinks or news that transgress moral boundaries, infringe on the rights of any person or violate any applicable law, especially that of youth protection, as well as contents or links to contents that invoke such a violation can be edited by the operator and the game characters of the responsible person(s) may be banned or deleted. The user can also expect legal prosecution. The operator does not claim ownership of texts entered or linked to by users. Checks are performed via sampling and following concrete information. It is not permitted to claim the identity of another user or support employee, community manager, operator or similar in the game, especially in the forum, or to threaten other users with sanctions by such persons.
§ 7 Game language
The official language in the game and forum is based on the language of the game texts on the respective servers. If a foreign language is used, character descriptions, guild texts and in-game news may lead to the ban or deletion of a game character, since it will not be possible to guarantee compliance with the rules of conduct in such cases. English or Latin quotes in character and guild descriptions are excluded.
§ 8 Enforcing the rules
A team consisting of community managers (CoMas), game staff and support employees is responsible for enforcing the rules. They should be contacted by using the game’s support form and providing the email address set in the game character to ensure that the user data will be treated confidentially. If a user tries to circumvent a decision made by the responsible processor by contacting another processor about the same case, this may result in the ban or deletion of his game character. This excludes complaints as long as they are made by using the corresponding function in the support form.
§ 9 Data security
§ 10 Costs
The game can be played completely free of charge. No automatic costs are generated by registering or playing the game. However, the user has the option of having a premium currency credited to his game character for a charge. This currency is credited to the account of the user placing the order. The prices can be seen in the corresponding game menu. The premium currency can be used to buy additional content in the game. This can consist of special items, means of transportation or other benefits in the game. But there is no claim to the availability or to particular benefits. The premium currency units required to use such content is clearly stated in each case. Since additional content can only be used if units of the premium currency are available in the game character, no additional costs can arise. By using the premium currency, the user receives a non-exclusive usage right for the selected benefit that is applicable solely for the respective game character. Unless the period of validity of this benefit is stated otherwise in the game, it is limited to the period of validity of this agreement. All rights that go beyond the limited usage right remain with the operator.
The premium currency may be acquired via the menu of the so-called mushroom dealer. Users can choose between different packages here. Users make their offer to purchase the premium currency by selecting the desired items and desired offered payment method in the online game or mobile game and confirming the selection with the “Buy” button or by clicking on the selected package.
After the selection has been made, and depending on the platform on which the game is used, users are redirected to a third-party provider for the completion of the payment process.
When the payment process is completed, the operator credits the premium currency to the game character. This credit also represents the operator’s acceptance of the purchase contract for the premium currency.
For mobile games and on the portals of individual sales partners, the conclusion of the contract may differ from the process described here. In such cases, users will be informed separately about the procedure for the specific conclusion of the contract.
The operator provides access to a variety of payment methods, which the user can freely choose from. For this purpose, the operator maintains business relationships with third party providers, such as banks. These providers sometimes enter into their own agreements with the user during the payment process. In such cases, the provider’s general terms and conditions may be involved. Some of the providers, especially telecommunications and mobile communications providers become primary contract partners of the user. In such cases, the operator performs its services for the corresponding provider, which is the owner of the particular demand from the user. These providers therefore collect receivables on their own account and not on behalf of the operator. If you have any questions, please contact your provider or our support team.
In any case, personal data entered by the user during the payment process will not be collected, forwarded or stored by the operator. The operator only stores the amount of the premium currency purchased in connection with the game character and any related information, such as the time of purchase.
To protect younger players, the game does not offer any possibilities of winning money or cashing out (§ 6 par. 2 Youth Protection Act). This means that units of the payment currency cannot be exchanged for real currency or paid out. Upon termination of the user agreement, any unused units expire.
If the user is a minor, ordering units of the premium currency expressly confirms that he or she has been provided with the means necessary for their payment for this purpose or for free disposal.
From the 91st day after the recent purchase of premium currency, the operator assumes that any in the user account remaining premium currency will not be used. For the user, there are no immediate consequences.
§ 11 Right of cancellation
If you are credited units of a premium currency in return for payment, you have a statutory right of cancellation in accordance with the following provisions:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving a reason. The cancellation deadline is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you have to notify us (Imprint, Playa Games GmbH, Alstertor 9, 20095 Hamburg) of your decision to cancel this contract via a clear statement (e.g., a letter sent by mail, fax, or email). You may use the attached sample cancellation form, but this is not required. In order to meet the cancellation deadline, it is sufficient to send the notification of your cancellation before the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we will reimburse all payments that we have received from you, including delivery costs (except for any additional costs if you choose a different delivery method than the least expensive standard delivery offered by us), immediately and no later than fourteen days from the date on which we received your cancellation notice. We will use the same payment method for this reimbursement that you used in the original transaction, unless we have expressly agreed otherwise, but in no event will you receive compensation for this reimbursement.
Expiration of the right of cancellation
As soon as users are credited with premium currency, they can use these in the game. At the users’ instigation, the operator will immediately start the execution of the contract. To this end, the user already declares his or her express consent upon conclusion of the underlying usage agreement and, by implication, by using the acquired premium currency. In addition, users confirm their awareness that they hereby relinquish their legal right of cancellation. This legal consequence is governed by section 356 (5) of the German Civil Code.
Sample cancellation form
If you wish to cancel the contract, please complete this form and return it.
Playa Games GmbH
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/ the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in the case of a notification on paper)
(*) Delete as applicable.
§ 12 Alternative dispute resolution
The European Commission provides an online platform for extrajudicial dispute resolution. You can access the dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr
In case of any disagreement about our contract, we will make every effort to settle it amicably with you. Apart from this, we are not obligated to participate in any dispute resolution proceedings and will not participate in any dispute resolution proceedings before a consumer arbitration board.
§ 13 Disclaimer
The operator is liable without limitation for all damages in connection with the use of the game only in case of willful intent and gross negligence, including willful intent or gross negligence of the operator’s representatives or agents, and for culpable injury to life, limb or health. Apart from that, the operator is only liable according to the product liability law, in case of culpable violation of essential contractual obligations – the fulfillment of which actually enables the proper execution of the contract and on the compliance with which the user may rely regularly – to the extent that the operator has fraudulently concealed the defect or has assumed a guarantee for the quality of the products. In the event of a culpable violation of an essential contractual obligation, the amount of the liability will be limited to those damages foreseeable at the time of the conclusion of the contract that must be expected to occur in typical cases.
§ 14 Final clause
(a) in case of changes in the applicable legal situation,
(b) in case of changes in Supreme Court jurisdiction,
(c) due to technical necessity,
(d) to maintain operations,
(e) in case of changes in the market conditions,
(f) for the benefit of the user.
No amendment will be made if the amendment would significantly interfere with the contractual balance between the parties. Users will be notified of the amended General Terms and Conditions on the operator’s website and in the respective online game and mobile game no later than four weeks prior to their intended coming into force. Alternatively, the operator may send the user the amended General Terms and Conditions by email or indicate that the amended General Terms and Conditions can be viewed on the operator’s website. The user may object to the amendment within four weeks. When the deadline has expired or if the game is accessed again, the GTC are considered to have been accepted. The operator will inform the users separately about the significance of the four-week period, the right of objection, and the legal consequences of silence.
The assignment of claims by the user to third parties against the operator is excluded.
The law of the Federal Republic of Germany applies exclusively, with the exclusion of the UN Convention of Contracts and the provisions of International Private Law. This choice of law will not affect mandatory, consumer protection-related provisions of the country in which the user habitually resides. Unless the user has no general place of jurisdiction in Germany or if the user is a merchant in the sense of the German commercial code, the location of the operator’s headquarters is the place of jurisdiction for all civil disputes. The operator is also entitled to file a suit at the user’s general place of jurisdiction.
If parts of these conditions do not, no longer or do not completely comply with the current legal regulations, this does not affect the content or validity of the remaining parts.