of
Farbflut Entertainment GmbH
Nordkanalstraße 52
20097 Hamburg
(hereinafter: Farbflut)
Status: 03.06.2020
1 Scope of Services
1.1
Farbflut provides online games and related applications and services (individually and collectively referred to as "Services"). Participants and Users of these Services are referred to as "Users".
1.2
Farbflut provides all Services to Users exclusively on the basis of these General Terms and Conditions (hereinafter referred to as "GTC"). The GTC are published exclusively on the websites of the portal www.teaminternetmedia.com, the games and applications. The GTCs can be downloaded and/or printed out for storage. Any conflicting terms and conditions, explicitly including any terms and conditions of the Ssers, are hereby expressly rejected; they only apply if Farbflut has expressly agreed to them in writing.
1.3
The GTC regulate the use of the Services offered by Farbflut. As a rule, the use is carried out via personal computer with a connection to the Internet. These GTC do not regulate any questions that may arise in connection with the User's Internet access, the provision of connections and the compatibility of the Services with third-party software (browsers, access software, firewalls, etc.).
1.4
In order to use the Services of Farbflut, certain minimum system requirements must be followed. These will be announced on the respective associated websites.
1.5
Already registered Users and their accounts remain unaffected by the introduction of the platform teaminternetmedia.com. However, these new terms and conditions will also apply to them.
2 Service
2.1
Farbflut enables Users to participate in the Services it offers on the internet within the framework of technical and operational possibilities. The User only receives the right to use the functions provided within the framework of the GTC.
2.2
The games operated by Farbflut are offered in a free version ("basic version"), which is fully playable and unlimited in time. However, the basic version does not offer the User all the features provided in the respective game. A bundle of additional features ("Premium Features") is available as part of a so-called "Premium Package", which can either be purchased for a fee or exchanged for a virtual currency (here so-called "Coins", named differently in the games). In addition, Farbflut may offer further features which can only be acquired against the exchange of Coins or which are part of the Premium Packages and can also be acquired with Coins ( see clause 6).
2.3
A distinction must be made between the Premium Package and the Coins and the virtual game credit which is made available to each player upon opening an account and which serves as virtual currency in the game. Depending on the game, the in-game virtual game credit can be topped up through achievements or actions in the game, provided that the websites for the respective game define corresponding rules and conditions. The acquired game credit is exclusively intended for use according to the regulations of the respective achievements. A payout of these credits is excluded.
2.4
The Services are constantly updated, modified and extended. The User therefore only receives a right of use for the specific service in the respective current version. There is no entitlement to the maintenance of the service in the version existing at the time of registration or at a specific later date. The User also has no claim to the updating of the respective game. There is no right of the User against Farbflut to provide certain functions and to keep them available at all times.
3 The Users
3.1
Farbflut offers its Services exclusively to consumers within the meaning persons who (i.) have reached the age of 18, (ii.) whose respective legal representative has consented to the use of the Services or (iii.) who have reached the age of 7 but not yet 18 and who provide their contractual Services using means that have been provided to them for this purpose or at their free disposal by their legal representative or, with their consent, by a third party. The use of the Services provided by Farbflut within the framework of these terms and conditions for profit or other commercial purposes is not permitted.
3.2
In order to use the Services of Farbflut, Users must register with Farbflut to open a User account, this can also be done through partners. By sending the user application and the respective later login, the User accepts the GTC as binding. The user account is only opened under the condition that the User accepts these GTC and agrees to the data storage described in the data protection declaration (Privacy Policy). Before sending the user application, the User has the opportunity to check and, if necessary, correct the data entered by him.
3.3
Every User needs a valid e-mail address to open the User account. The User is obliged to use a permanently existing e-mail address. If his e-mail address changes, the User is obliged to inform Farbflut of the new address. Farbflut will, unless otherwise agreed or stipulated in these terms and conditions, usually communicate with the User by e-mail. During the entire membership, the User ensures that he/she will receive e-mails that Farbflut will send to his/her current e-mail address that has been communicated to Farbflut. He will ensure this, among other things, by appropriate settings of the spam filter if necessary and check this address regularly. If the User's e-mail address no longer exists or if the User does not respond to contractually relevant e-mails for a period of three months despite a reminder, Farbflut is entitled to block the User's user account.
3.4
Every registered User can create a game account for the games he/she wishes to play. Farbflut reserves the right, under certain conditions to be defined in more detail in the game rules, to allow multiple game accounts per User and game. Should Farbflut later decide to reduce the number of game accounts per User and game Farbflut will inform the User of the intended change with one month's notice and ask him to inform Farbflut which game accounts should be continued. If Farbflut does not receive an answer in time despite this request, the most recent game accounts will be deleted.
3.5
Whenever the User contacts Farbflut, he/she will indicate to which User account, which Services (game, application, service) and, if applicable, which game account his/her request refers to.
4 Membership, conclusion of contract, duration and termination
4.1
By sending the completed application or registration form, the User submits a binding offer to conclude a game and service usage Agreement ("User Application"). For this purpose, all data fields of the form marked as necessary must be filled in completely and correctly, the validity of the GTC must be accepted and the User must agree to the data storage and use described in the data protection declaration (Privacy Policy).
4.2
The access of the user application will be immediately confirmed by Farbflut electronically by e-mail. The confirmation of receipt does not constitute a binding acceptance of the user application, but it can be combined with a declaration of acceptance.
4.3
The contract between Farbflut and the User is concluded upon acceptance of the user application by Farbflut (the contractual relationship is also referred to as "Membership"). The acceptance can be made explicitly or through the first fulfillment action (e.g. opening the user account) by Farbflut. As a rule, Farbflut will open a user account within 24 hours after the user application has been received by Farbflut thereby enabling the User to set up gaming accounts and use the Services. However, Farbflut reserves the right to reject user applications and thus the use of Services. The User has no claim to the opening of a user account or to the publication of any content created by the User within the scope of the Services offered.
4.4
Unless otherwise specified in the user application, membership is concluded for an indefinite period of time. Subject to the provision in clause 6, both parties have the right to terminate the contract at any time with immediate effect. The User may terminate a game account in isolation, or Farbflut may permanently block such an account without having to terminate the membership at the same time. The termination of the membership results in the closure of the user account and all game accounts. No party owes compensation - subject to the provision in clause 6.
4.5
The termination of membership and/or termination of a gaming account must be made in writing, stating the user account, and in the case of termination of a gaming account, additionally stating the specific gaming account. In this case, the written form shall also be maintained by e-mail. For technical reasons it may take several days until the user data, the user account and/or the game account have been deleted.
5 Terms of Use, Obligations of the User, Rules of the Game, Infringements
5.1
A User shall ensure that the password assigned to the user account remains secret; the User shall not disclose the password to third parties. If the User uses a password chosen by himself, he must ensure that the password is sufficiently secure. If the User becomes aware that an unauthorized third party knows the password, the User must change the password immediately so that a login by third parties is prevented. For security reasons, the User must change his password regularly and log out of his user account after use.
5.2
If unauthorized third parties should obtain Services through a user account without the fault of Farbflut, the User is liable for the damage caused to Farbflut; in case of contributory negligence of Farbflut, the degrees of mutual fault are to be considered.
5.3
The User must adhere to the rules of the game, which are published for the respective games on the corresponding websites. The current rules are decisive in each case. Farbflut will inform the User of changes in a suitable form, for example by e-mail or when logging in.
5.4
Unless explicitly permitted otherwise by Farbflut, each User may have only one user account.
5.5
The User is prohibited from negligently or intentionally exploiting any programming errors or malfunctions of the Services (so-called bug-using), disrupting the game operation, manipulating the Services or making other unauthorized interventions (see Section 8).
5.6
Farbflut t has the right to temporarily or permanently block the game accounts or user accounts or terminate the membership in case of violations of the terms of use, especially the provision of clause 5. Temporary suspensions can be carried out in particular until an alleged violation has been verified, as long as a User is in default with the payment of fees to Farbflut or as a sanction for minor violations. During the suspension, the User will not be able to access his/her account or participate in the game; Farbflut will inform the User of the duration of the suspension. A final blockage of individual game accounts may be imposed in the event of repeated or more serious violations of the game rules or other provisions of these GTC.
5.7
In addition to the sanction described in clause 6, Farbflut may also temporarily or permanently block Farbflut Users from participating in the forums if they do not comply with the rules that apply to participation in the forums.
5.8
With the exception of gaming accounts with a valid Premium Package, gaming accounts are considered inactive if Users do not log in to their gaming account within the first four weeks after creating a gaming account in a continuous period of 10 days and after the first four weeks in a period of four weeks. Inactive game accounts can be excluded from active game operation until the Users log in again ("parking the account"). Parking of the Game Account may lead to a reset or partial reset of the Game Account so that the User finds the same conditions in terms of resources, units, inventory, etc. that a new User would find.
5.9
If claims are made against Farbflut by third parties as a result of culpable violations by the User, the User shall indemnify Farbflut and compensate Farbflut for all damages, not only to the extent that they were foreseeable by the User, including costs of legal action.
6 Premium Features
6.1
The User has the opportunity to receive or activate Premium Features for the individual games, which are not included in the free basic version. The offer of Premium Features as well as the corresponding tariffs of the Premium Packages may change from time to time and from game to game and can be found on the respective websites of the games. The Premium Packages can - depending on the specific offers - be purchased for a fee or in exchange for in-game exchange points ("Coins"). Furthermore, individual Premium Features can (only) be purchased in exchange for Coins.
6.2
Premium Packages are usually offered for certain fixed periods of time (e.g. days, weeks, months). Premium Packages can also be offered by subscription. If the User selects a specific offered Premium Package or Premium Package subscription, he/she orders it by selecting the payment system and confirming the information required for the respective payment system. The User accepts the offer from Farbflut in a legally binding manner and thereby agrees to pay the agreed price. As a rule, Farbflut will provide the service immediately after the order is placed.
6.3
If the User has purchased a Premium Package with a fixed term, the membership will continue on the basic version after expiry of the Premium Package. During the fixed term of the Premium Package, both the Premium Account and the underlying membership can only be terminated for good cause, in particular the reasons set out in section 5.6. Irrespective of this, a temporary suspension is always permissible subject to the conditions set out in section 5.6.
6.4
If the User selects a Premium Package offered by Farbflut as a subscription, the Premium Package will be renewed at the end of the agreed fixed term for the same agreed fixed term, unless the User or Farbflut terminates the Agreement in due time before the end of the term. Termination is considered timely if it is terminated with a notice period of three days in the case of a fixed contract term of less than one month and with a notice period of one week to the end of the last day of the agreed contract term in the case of an agreed contract term of one month or more. Timely termination shall depend on the timely receipt of the declaration by the other party. Section 4.5 shall apply accordingly.
6.5
If the User acquires exchange points ("Coins") against payment, he may exchange them for certain selected Premium Features or Premium Packages. The description of the conclusion of the contract in clause 2 applies accordingly to the purchase of the Coins. A reimbursement of the Coins acquired from Farbflut against payment or any other Coins acquired in the course of the service is excluded. If a User has Coins on his account, the underlying membership can only be terminated for good cause, in particular the reasons set forth in section 5.6. clause 3 sentence 3 applies accordingly.
6.6
Payments for a certain time period are due in advance, for other features with order. The User agrees to pay the agreed fees when due and to correctly transmit all data relevant for the payment depending on the payment method, such as name and account data, and to immediately notify Farbflut and the payment service provider of any changes relevant for the execution of the contract.
6.7
In the course of the adaptation and further development of the games and Services, Farbflut reserves the right to offer new premium features at any time as well as to change premium features, no longer offer them and/or also offer them in the free basic version. If the User has already made payments for the Premium Membership and the use of features for a period of time in the future and cannot use them because they are no longer offered or they are also available in the Basic Version and no other equivalent features are additionally offered, the User may, at his own discretion, transfer the Premium Package to another game for the remaining term or terminate his Premium Package without notice and continue his membership on the Basic Version. In the event of termination, Farbflut will refund pro rata temporis the amounts paid for the current fixed period; this does not apply if Farbflut had announced the changes in a suitable place before the User purchased the Premium Package or had the opportunity to terminate the contract. If the User had purchased the Premium Package with Coins, the Coins will be credited to him/her accordingly pro rata temporis, unless he/she wishes to transfer the Premium Package to another game for the remaining term at his/her discretion; Paragraph 4, 2nd half sentence shall apply accordingly. Further claims of the User are excluded.
6.8
Farbflut is entitled to change prices for Premium Packages at any time and will re-label the prices at the appropriate places. In the case of subscriptions, these price changes only apply to the period after the first cancellation option which the User has not used. The exchange relationships within the service are not affected by this and can be changed at any time.
6.9
If Farbflut terminates the operation of a game permanently, clause 7 shall apply accordingly.
6.10
If Farbflut temporarily blocks a premium account, the current fixed term will be extended by the duration of the block. In the case of a permanent termination, the User may request that the premium feature be transferred for the remaining term to another game offered by Farbflut. As in the case of a termination of the membership by Farbflut for good cause, the User may not demand that the remaining term be reimbursed pro rata temporis.
6.11
Short-term service interruptions or disruptions to the service do not entitle the User to an extension of the fixed contract term or to a reduction of payments.
7 Rights to the Game Accounts, Copyrights
7.1
All accounts operated by the User, including the associated resources, units, inventory and purchased Coins etc. are virtual objects in the game and are used exclusively for server- or game-internal use and, if applicable, for trading in the respective game according to its rules. The User does not acquire ownership or any other right to the Account or parts of the Account. In particular, he/she has no claim to the payout of the virtually acquired credits or credits made available as starting credit. All rights to the games and Services remain with Farbflut. A transfer of exploitation or other rights to the Services and the underlying programs to the User does not take place.
7.2
Without prior written consent from Farbflut it is not allowed to transfer accounts to third parties or to allow third parties to use an account. In particular it is expressly forbidden to sell accounts or account components (resources, etc.) or access to them or to use them in any other way. This also includes the sale/utilisation of access data, rights of use, the initiation of contact in return for payment and similar formulations which serve to circumvent this regulation. Unauthorized sale, exploitation, copying, distribution, duplication or any other violation of the operator's rights will be prosecuted according to the applicable law. Farbflut is entitled to delete the accounts in question and to terminate the membership for good cause without replacement.
7.3
Farbflut reserves the right to offer the transfer of a user account or game account to third parties - even in part - with costs.
7.4
All rights to the information posted by the User remain with the User. By placing information in a service offered by Farbflut, the User grants Farbflut a non-exclusive, royalty-free and at any time freely revocable license to publicly present, publicly display, reproduce and distribute this content on the pages of Farbflut online. If the User revokes this license, Farbflut is entitled to terminate the Agreement with immediate effect without replacement.
8 Manipulations and Unauthorized Interventions
8.1
The use of the Services is only permitted via an Internet browser or special applications, tools or scripts provided or expressly permitted by Farbflut.
8.2
Users are expressly not authorized to use measures, mechanisms or software in connection with the Services provided by Farbflut that could threaten the trouble-free operation. In general, the User may not take any measures that could result in an unreasonable and/or excessive load on the technical capacities or otherwise interfere with the operation of the Services. In particular, the modification or blocking of contents (explicitly also advertising contents) of the Services is not permitted. It is also particularly prohibited to gain unauthorized access to the Services, User accounts or networks by hacking or other means and methods.
8.3
The use of software for systematic or automated control and/or reproduction or evaluation of the Services or individual functions (by means of e.g. bots, macros, scripts, etc.) is not permitted.
8.4
The login of the Users into a game or application operated by Farbflut is only permitted via the associated website and the input mask provided. An automated login is not permitted, regardless of whether the input mask provided is used or not.
9 Amendment Clause
Farbflut reserves the right to amend these terms and conditions at any time, as long as essential regulations of the contractual relationship are not affected and this is necessary to adapt to developments which were not foreseeable for Farbflut at the time of the conclusion of the contract and whose non-observance would noticeably disturb the balance of the contractual relationship. Essential regulations are in particular those concerning the type and scope of the agreed Services as well as the duration, including the regulations concerning termination. Farbflut is entitled to make changes in order to close gaps in the contract, which occur in particular due to legal changes and changes in case law.
10 Data Protection
Information on the type and scope of the collection, processing and use of the features required for the conclusion of the contract, the establishment and maintenance of the User Account and Game Account(s), the participation and admission to the Games and the processing of payment transactions can be found in the separate Data Protection Declaration (Privacy Policy). Websites of the respective games can be viewed, downloaded and printed. Consent to the use of the data is required in order to use the Services of Farbflut.
11.1 Right of Cancellation
The User has the right to cancel the created contracts within fourteen days without stating reasons. The revocation period is fourteen days from the day of the individual conclusion of the contract. In order to exercise the right of cancellation, the User must inform Farbflut (Farbflut SP Z.O.O. Ul. Naramowicka, nr 217B, 61-611 Poznan Poland) by means of an unambiguous statement (e.g. a letter or e-mail sent by post) of their decision to cancel this contract. In order to comply with the withdrawal period, it is sufficient for them to send notification of the exercise of the right of cancellation before this cancellation period expires.
11.2 Consequences of Cancellation
If the User cancels this Agreement, Farbflut shall reimburse them all payments Farbflut have received from the User, including delivery costs (with the exception of additional costs resulting from the User having chosen a method of delivery other than the low-cost standard delivery offered by Farbflut) without undue delay and at the latest within fourteen days of the date on which Farbflut received notification of the User's cancellation of this Agreement. Farbflut shall use the same means of payment for this reimbursement as the User used for the original transaction, unless expressly agreed otherwise with the User; in no event shall the Users be charged for this reimbursement.
If the User has requested that the Service commence during the cancellation period, the User shall pay Farbflut a reasonable amount equal to the proportion of the Services already provided up to the time when the User notifies Farbflut of the exercise of the right of cancellation with respect to this Agreement in relation to the total scope of the Services provided for in the Agreement.
11.3 Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back to us
To
Farbflut Entertainment GmbH
Nordkanalstraße 52
20097 Hamburg
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of customer(s)
Address of customer(s)
Signature of customer(s) (only for written correspondence)
Date
(*) Delete as appropriate.
If the User has given their express consent, the right of cancellation expires prematurely if the Service requested by the User has been completely provided by Farbflut before the User has exercised their right of cancellation.
12 Limitation of Liability
12.1
Farbflut will always endeavour to ensure that the Services can be reached and are available without errors. Nevertheless, occasional errors and failures may occur. If a User suffers disadvantages due to server failures, transmission errors, programming errors (so-called bugs) or other malfunctions, the User has no claim to compensation or restoration of the status of his gaming account existing before the event, especially if these do not originate from the sphere of Farbflut.
12.2
Farbflut is only liable for damages caused by gross negligence or intent. However, the above exclusion of liability does not apply to liability for injury to life, body and health. It also does not apply if the damage is based on the violation of an essential contractual obligation (such obligations whose fulfillment is necessary for the achievement of the contractual goal) or the violation of a guarantee.
12.3
Insofar as Farbflut is liable for damages according to clause 2, this liability is limited to damages that Farbflut foresaw at the time of the conclusion of the contract as a possible consequence of a breach of contract or taking into account the circumstances that were known to Farbflut or that it should have known or should have foreseen when applying the usual care. Indirect damages and consequential damages resulting from defects are only eligible for compensation if such damages are typically to be expected when used as intended.
12.4
In the case of liability for slight negligence, Farbflut's obligation to pay compensation for property damage is limited to € 100.00 per case of damage, even if essential contractual obligations are violated.
12.5
Farbflut is not liable for damages that the User suffers due to incompatibilities of the software offered by Farbflut with the User's other software.
12.6
The above exclusions or limitations of liability also apply with regard to the liability of the employees, workers, staff, representatives and agents of Farbflut, especially in favor of the shareholders, employees, representatives, organs and their members regarding their personal liability.
12.7
Farbflut is not liable for content, actions and conduct originating from Users.
13.1
The legal relationship between Farbflut and the User shall be governed by the laws of the Netherlands, subject to any mandatory provisions. The place of jurisdiction for all claims arising from this contract is Venlo, insofar as the User is not a customer. The applicability of mandatory regulations of the state in which the User has their habitual residence or domicile at the time of conclusion of the contract remains unaffected.
13.2
Should individual provisions of these General Terms and Conditions be invalid or incomplete, the validity of the remaining General Terms and Conditions shall remain unaffected.