c) KALYPSO is entitled to interrupt the operation of the KALYPSO Services with no prior notice for urgent technical reasons or for necessary maintenance work. In all other cases, a prior announcement will be made in an appropriate manner with a reasonable notice period. Only the current version of theKALYPSO Services, as amended from time to time, may be used.
e) Additional game or usage rules ("Game Rules") may apply to some KALYPSO Services in order to set out specific rules for the respective service. These rules will be issued to the user separately before the use of the respective service and must be adhered to.
2. General provisions for registration
a) There is no right to registration and activation.
b) Only individual, natural persons are permitted to be users. Registration must be carried out personally. Registration by a third party is not permitted.
c) Minors are only permitted to use the KALYPSO Services with the consent of a legal representative and where the user has reached the minimum age stated in the age rating.
d) The user must enter specific details when registering, e.g. a player name and an email address registered to them. The user has no right to be given the specific player name chosen by them. The player name may not infringe the rights of third parties or violate statutory provisions or good morals. Moreover, the user may not choose an email or internet address as a player name. As usage data, such as game statistics and internal chat communication, is also visible to other users via the player name, we also recommend that you choose a player name which does not allow any conclusions to be drawn as to the person behind the user.
e) When registering, the user must provide only correct and complete information. The user is obligated to ensure that the data provided at the time of registration is always kept up to date.
f) Each user may only register one KALYPSO account.
g) To the extent necessary for the performance of the user agreement, KALYPSO is entitled to request suitable proof of identity from the user, which will, after verification, be immediately deleted.
h) KALYPSO may make the activation of the KALYPSO Account dependent on the validation of the user's email address (double opt-in process). To this end, KALYPSO will request, in the email confirming receipt of the Offer, that the user validate their email address. The KALYPSO Account will only be activated after validation of the email address.
i) Upon successful registration, the user creates a KALYPSO Account that they can manage themselves. KALYPSO reserves the right to create technical conditions (e.g. in the form of a portal), through which KALYPSO Accounts may be used for several KALYPSO Services simultaneously. The user can then use the KALYPSO Account for different KALYPSO Services, which the user may have to activate for their KALYPSO Account separately.
j) Any transfer of the user account or its surrender to third parties without the consent of KALYPSO is prohibited.
3. General obligations of the user
a) Log-in details, passwords
The user is obligated to keep their log-in details strictly secret. The user is, in particular, obligated to use their log-in details solely within the KALYPSO Services and to protect them from unauthorised access by third parties.
The term "log-in details" is understood to mean the personal access data (username and password) of the user, which is used to authenticate the user and exclude use by unauthorised third parties. The password should not be identical to the player name and should be at least eight characters in length and comprise a combination of letters and numbers.
In the event that the user has reason to suspect that third parties have, or could have, obtained their log-in details or parts thereof, the user must immediately inform KALYPSO and change or allow KALYPSO to change their log-in details. In such a case or in the event that KALYPSO has reason to believe data has been compromised, KALYPSO is entitled to block the user's access temporarily or permanently. The user will be granted access again as soon as the suspicion of an abuse of data has been eliminated.
The user is not entitled to use the log-in details of another user, unless the Game Rules of a specific KALYPSO Service allow for exceptions in this respect (e.g. holiday cover).
b) Use of the KALYPSO Services
The KALYPSO Services contain different types of content which are protected by trade mark rights, copyright and in other ways to the benefit of KALYPSO or the benefit of third parties. Unless expressly permitted by KALYPSO (e.g. in separate end-user licensing provisions, "EULA"), the user is not entitled to adapt, reproduce, distribute or communicate to the public the KALYPSO Services or content provided via the KALYPSO Services, advertise with them or use them for purposes other than those contractually agreed. Only reproduction of a technical nature for types of use of the KALYPSO Services in accordance with their intended purpose is allowed. Further distribution is only permitted within the strict limits set by the case law on the exhaustion of copyright in software. Copyright notices and trade mark signs may not be altered, supressed or removed.
The term "content" includes, but is not limited to, all data, images, texts, graphics, pieces of music, sounds, sound sequences, videos, programmes as well as software codes and other information, which is made available by KALYPSO as part of the KALYPSO Services or integrated within them. The term "content" also covers, in particular, all virtual goods which may, where applicable, be made optionally available as part of the KALYPSO Services.
The user undertakes to refrain from all measures which could jeopardise or disrupt the functioning of the KALYPSO Services, and not to access any data which the user is not entitled to access. The user has no right to the publication of content in connection with the KALYPSO Services.
A change to the client software or a decompilation of the provided programme code into a different code form or any other types of reverse engineering of the different production stages of the software, is prohibited, insofar as such acts are not required to obtain the necessary information to establish the interoperability of the client software with other programs, where such information to establish the interoperability could not be obtained in other ways, in particular from KALYPSO, and provided any collected data will not be used for any purpose other than establishing the interoperability and these acts will only be undertaken by the user themselves.
The user is required to ensure all software and hardware they use is suitable and up to date, in particular in order to be able to use any version updates or other updates to the KALYPSO Services. We provide information on the technical requirements for the use of individual KALYPSO Services on our websites.
c) User Generated Content
You hereby declare and warrant that your User Generated Content does not violate any statutory prohibitions or infringe any rights of third parties. KALYPSO is not obligated to use your User Generated Content and is entitled to restrict or remove your User Generated Content upon discovery of a violation of the aforementioned declaration.
Should you be of the opinion that User Generated Content of other users infringes your rights or the rights of third parties, you may notify our support thereof accordingly.
4. Rules for the use of the online games
a) The user is not permitted to undertake any form of manipulative interference in the online game. The user is, in particular, not entitled to use measures, mechanisms or software which could disrupt the function and the course of the game. The user may not take any measures which could result in an unreasonable or excessive burden of the technical capacities. The user is not permitted to block, overwrite or modify content generated by KALYPSO or in any other way interfere in the online game.
b) The user is also not permitted to access the online game with programs other than the internet browser or the client programme made available. This applies, in particular, to so-called bots as well as other tools which are intended to replace or complement the web interface.
c) Scripts and programmes which create an advantage for the user against their fellow players or interfere with the gameplay intended by KALYPSO are similarly not permitted. These also include any automated processes, such as auto refresh functions and other integrated mechanisms of the internet browser. Log-in is only allowed via the KALYPSO Services and third party sites incorporated by KALYPSO (e.g. portals or social networks).
d) The user may, under no circumstances
- use cheats, mods, hacks and/or software which changes the gameplay of the online game or
- use software which facilitates "data mining" or in any other way intercepts or collects information associated with the online games, or
- buy, sell or exchange virtual goods or virtual currency from the KALYPSO Services from or to third parties for real currency, or attempt to do so, insofar as this is not permitted by KALYPSO in an individual case.
e) The user is not permitted to use private servers, i.e. servers of the user or of a third party which enable, create or maintain unauthorised connections to KALYPSO Services, in particular using programmes whose use is not expressly approved by KALYPSO or emulate, or attempt to emulate, one of the KALYPSO Services.
The aforementioned prohibitions also cover all acts which have the equivalent effect to the aforementioned prohibited acts.
5. Rules for communication within the KALYPSO Services
a) KALYPSO offers the user various communication methods, to publish their own content and posts or to communicate directly with other users, within the KALYPSO Services. In this respect KALYPSO only provides the technical mechanisms for the exchange of information. No right exists to the provision of these communication mechanisms.
b) The user is prohibited from publishing or distributing content (e.g. images, videos, links, names, texts, communications) in connection with the KALYPSO Services, which
- violates valid law or is against good morals;
- infringes trade marks, patents, copyrights, other protection rights, trade secrets or other third party rights;
- is obscene, racist, glorifies violence, is pornographic, harmful to young people or otherwise harmful to the development of children and young people or has a derogatory character;
- is offensive, harassing, defamatory or has a character otherwise harmful to personal rights;
- contains chain letters or pyramid schemes;
- creates the false impression that it is provided or supported by KALYPSO;
- includes personal details of third parties without their express consent;
- has a commercial, in particular advertising, character;
- has political, religious or sexual references.
c) Appropriate wording should be used for all communications within the KALYPSO Services.
d) KALYPSO expressly does not adopt the content provided by users as its own. However, the user does grant KALYPSO a perpetual, non-exclusive right of use, in particular to store and publish the content and posts provided by them as part of the KALYPSO Services, insofar as this is necessary for the technical operation of the communication methods provided. KALYPSO hereby notes that it conducts, at most, random active surveillance of the provided content. Moreover, every user has the option to report suspected unlawful content to KALYPSO. KALYPSO will then react expeditiously and, where necessary, edit or delete the reported content.
6. Consequences of a violation of obligations
- change or delete infringing content,
- send a user a warning,
- make the harmful behaviour public in the online game in question, stating the respective Player Name,
- temporarily block a user account and
- permanently exclude a user from KALYPSO Services (after valid termination of the usage relationship).
c) Once a user has been permanently excluded, they may not register a new user account without prior consent from KALYPSO.
7. Purchase and use of virtual currency
You have the option to purchase virtual currency for some KALYPSO Services which you may then use within the game to unlock certain functions, achievements or upgrades, e.g. in the form of virtual goods ("In-Game Items"), boosts and features (hereinafter "Virtual Goods") within the game.
a) The virtual currency may be designated differently in different online games and is purchased via a website set up for this purpose. In the game Crossfire Europe, for example, the currency is called "RagePoints".
To purchase virtual currency the user must log into this website using their KALYPSO Account. A contractual agreement for the provision of virtual currency by KALYPSO comes into effect when the user chooses the amount of virtual currency they wish to purchase and submits their order via the button "Buy Now". Until the order is submitted, the user can correct, at any time, the information entered during the order process by using the back button in the browser.
KALYPSO will credit, upon receipt of payment, the corresponding amount of virtual currency to the user's KALYPSO Account, provided the user has activated the checkbox that the ordered digital content should begin before expiry of the fourteen-day revocation period. Otherwise the credit will appear after the expiry of the fourteen day revocation period.
The payment of the purchase price for the virtual currency shall be made via payment service providers engaged by KALYPSO which provide the user with various methods for payment ("Payment Methods"). All relevant information regarding the purchase of virtual currency is provided on the website. The user may choose their preferred payment method from those available. The user acknowledges and accepts that normally a contractual agreement comes into effect with the payment service provider chosen by them in relation to the performance of the transaction according to the provisions of the respective payment service provider.
b) As far as the purchase of virtual currency is concerned, you have a statutory right of revocation as set out below:
Right of Revocation
You are entitled to revoke this agreement within 14 days without specifying reasons.
The revocation period is fourteen days from the date of conclusion of the contractual agreement.
In order to exercise your right of revocation, you must notify us (Kalypso Media Group GmbH, Wilhelm-Leuschner-Strasse 11-13, 67547 Worms, Tel.: +49 6241 506 19 00, Fax: +49 6241 506 19 11, @: email@example.com) by way of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to revoke that agreement. To that end, you may use the attached revocation notification template, however this is not required.
Sending the notification of revocation within the revocation period shall suffice for the purposes of complying with the revocation time limit.
Consequences of Revocation
If you revoke this agreement, we will return all payments we have received from you, including all shipping costs (with the exception of any additional costs which arise from your specifying another method of shipping than the low-cost, standard delivery offered by us), without delay and at the latest within fourteen days of our receipt of your notification of revocation of this agreement. In effecting this repayment, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this repayment.
End of the Revocation Instruction
The Right of Revocation expires, in the case of a contract for the delivery of digital content which is not stored on a tangible data storage medium, at the point of time when we have begun the performance of the contract after you have expressly agreed that we should commence the performance of the contract before expiry of the revocation period and have confirmed that you were aware that with your consent to the commencement of performance of the contract, you lose your right of revocation.
c) Once the virtual currency has been credited, the user obtains a non-exclusive, non-transferable right, limited in time to the term of the contract to activate Virtual Goods offered at that time by KALYPSO in the relevant game and described in greater detail therein, provided the virtual currency credited to the KALYPSO Account is sufficient for these. The virtual currency, booked to the KALYPSO Account, will be reduced by an amount corresponding to the given value of the Virtual Good.
d) The purchase of Virtual Goods grants you a non-transferrable and non-sublicensable right, bound to your KALYPSO Account, to use the respective function or service, as was offered and described to you within the game. Virtual goods may, depending on their description, be subject to a time limit or contain only a restricted number of uses. In any case the obtained exploitation right is subject to the resolutive condition of the termination of your user account and under the condition of the continued offering of the game by KALYPSO. In certain circumstances, it is possible that individual In-Game Items may no longer be usable, due to the further development of the game. In this case, and in the event that KALYPSO completely ceases operation of a game, KALYPSO will give you reasonable notice thereof. Please note that the acquisition of a service or function is no guarantee of permanent usability.
e) The contracting partner for services related to the provision of virtual currency may also be a person who is not identical to the user and who purchases these services exclusively for the benefit of the user (third party beneficiary contract). This applies in particular where a third party wishes to purchase and pay for the offered service for the respective user. In such cases, only the holder of the KALYPSO Account, to which the service is to be credited, is entitled to demand the services at issue from KALYPSO. KALYPSO will provide this service directly to the respective user.
f) Except in the event of the valid exercise of a statutory Right of Revocation, any reimbursement of payment for virtual currency which has not yet been used, or for the remaining term of a membership, is only possible under the provisions in clause 8 i).
g) The statutory rights for warranty against defects apply.
8. Term and termination
a) Unless otherwise expressly stipulated within the registration process, the user agreement is concluded for an indefinite time.
b) The contractual agreement may be terminated at any time by the user with no notice.
c) KALYPSO has an ordinary right to terminate the user agreement with a reasonable notice period of at least 4 weeks.
d) Moreover, KALYPSO has the right to terminate the user agreement in the event that KALYPSO ceases operating the KALYPSO Services entirely. KALYPSO has the right to end the user agreement in relation to individual KALYPSO Services, in the event that KALYPSO ceases providing the respective KALYPSO Service entirely. In both of the aforementioned cases, the customer must be informed accordingly, giving reasonable notice, of the cessation of the relevant KALYPSO Service.
e) If a limited term is agreed in relation to a KALYPSO Service, the user agreement may only be normally terminated effective at the end of the term, with a notice period of four weeks prior to the final day of the current term. If no timely termination is effected, the respective limited term contract will automatically be extended by the length of time of the original period, however by not more than one year.
f) Each party has the right to terminate the agreement for good cause without notice. Good cause exists for KALYPSO, in particular, if
- the user falls into arrears with the payment of contractually due payments and, despite written notification, does not pay or the user avails themselves of paid KALYPSO Services in an unauthorised manner, unless they were not themselves responsible for the violation.
g) Termination must be in written form (email suffices) or occur within the KALYPSO Account or via a termination function implemented within a KALYPSO Service.
h) Insofar as no specific contractual term is agreed, KALYPSO is authorised to terminate the user agreement after an uninterrupted period of inactivity of a KALYPSO Account of more than six months and to delete the KALYPSO Account. KALYPSO will inform the user of the deletion of the KALYPSO Account in advance, via the email address registered to the KALYPSO Account.
i) Once a termination of the entire user agreement takes effect, KALYPSO will delete the respective KALYPSO Account.
j) If KALYPSO effects an extraordinary termination of the user agreement, or permanently ceases operation of the relevant KALYPSO Service before a termination has taken effect, for reasons which were not the fault of the user, the user is entitled to demand the payment of the corresponding value of the virtual currency, paid for by the user, which is still credited to the user account.
k) The termination of the user agreement or a part of the user agreement relevant to a specific KALYPSO Service automatically also effects the termination of all EULAs for the KALYPSO Services affected by the termination. Once the termination has taken effect, the user is no longer authorised to use the KALYPSO Services concerned.
KALYPSO shall be liable, according to the relevant statutory provisions, for loss or damage which has been caused by intentional or grossly negligent behaviour on the part of KALYPSO or its vicarious agents as well as for loss or damage resulting from a permanent injury to body, life or health, regardless of the degree of culpability.
Moreover, the liability on the part of KALYPSO to pay compensation is limited as per the provisions below, insofar as nothing else applies as a result of a guarantee expressly assumed by KALYPSO:
a) KALYPSO shall only be liable for loss or damage caused by simple negligence insofar as it relates to the violation of material contractual obligations (principal obligations). Principal obligations are those contractual obligations which must be fulfilled to enable the due and proper performance of the contractual agreement and the observance of which the user is entitled to rely on. Insofar as KALYPSO is liable as per the above for simple negligence, the liability of KALYPSO is limited to typically foreseeable loss or damage.
b) The provisions of the above paragraphs also apply accordingly in respect of a limitation of the obligation to compensate for wasted expenditure (Sec. 284 BGB).
c) The aforementioned limitations to liability also apply as far as persons are concerned whom KALYPSO uses to perform its obligations.
d) KALYPSO shall not be liable for any costs which the user incurs in availing themselves of services which are expressly not offered by KALYPSO itself. This applies in particular to costs resulting from data transfer to or from the end device of the user as well as for any costs of the user for using the payment systems.
e) Any liability regardless of fault is excluded for malfunctions of the KALYPSO Services present at the time of commencement of provision of services. This means that KALYPSO shall only be liable insofar as this is the fault of KALYPSO or its vicarious agents.
f) Liability according to the German Product Liability Act remains unaffected by the aforementioned provisions.
10. Applicable law
German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as the relevant conflict of laws provisions.
If, at the time of the conclusion of the relevant contractual agreement (registration or purchase of paid services) the user is usually resident in a different country within the European Union, the application of the legal provisions on consumer protection of that country, which may not be derogated from under the laws of that country, remains unaffected.
11. Resolving disputes
Information on online dispute resolution as per Art. 14 (1) ODR Regulation:
The EU Commission has provided an internet platform for the online resolution of disputes ("ODR platform"). The ODR platform may be used as a contact point for the extrajudicial resolution of disputes arising from online purchase contracts or service contracts. The ODR platform may be found at the internet address http://ec.europa.eu/consumers/odr.
KALYPSO trusts that it will be able to resolve conflicts with the user amicably. We will therefore not participate in consumer arbitration before a consumer arbitration body as per the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG) or the Online Dispute Resolution Regulation (ODR Regulation).
13. Contact and communication
If the user contacts KALYPSO, they must state the relevant online game and the relevant user account. KALYPSO provides the user with a support system for support matters. KALYPSO is entitled to refer the user in support matters to the exclusive communication via the support system.
Data Protection: firstname.lastname@example.org
Kalypso Media Group GmbH